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HomeMy WebLinkAbout1979-12-19 Council PacketKenai City Council Meeting Packet December 19, 1979 F .0 I~OIINCIL IIEET. I~G OF F-' AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 19, 1979 ~a:.~._.,.~..-, ~" ~ ._ -~- "~ ALLEGIANCE ' ' ~" "-:~ '*" PI,EDGE OF A. ROLL CALL AGENDA APPEOVAL Bo PUBLIC HEARINGS Ordinance 537-79 - Codifying 1979 Code. Personnel Ordinance of the City Code P~s Title 23 Ordinance 541-79 - Amending Title 7 of the genat ~Xuntcip~1 ~.~-- ~- Code ~-~ ~- ~*O Ordtmmee 542-?9 - Amending Title 4 of the Kenai ,~unietpal Code C. PERSONS PRSSENT SCHEDULED TO BE HEARD D. MH~JTES I. MinUtes of regula~ meeting of November 21, 1979 2. Minutes of regular meeting of Deeembe~ 5, 1979 I. Glacier State Bill ~-. Day Care Center 0. NEW BUSINESS 8° Bills to be paid, biUs to be ratified Requisitions exceeding $$00 Ordinance 543-79 - Amending Title I0 of Kenal EVunteipal Cx~de Ordinance 544-79 -Emergency waiver of Tlflc 20 regm'ding Resoluflen 79-167 -Construction t Mm~nFement of Civic Center, approval -.~ '~. ~,~ ~.~ -, v-~ ~ Resolution 79-168 - Transfer of funds ~ Airport Land System Budget to Ted Fer$1 & Assoc. for consulting - $1,000 Resolution 79-169 - Transfer of funds - General Fund Budget to Richard Oarnett t Klinker, Attorney fees, ~3,500 Resolution 79-170 - Transfel. of Funds - General Fund Budget for appraising General Fund lands - $800 10. 12o 13. 14. 15o Resolution 79-171 - Transfer of funds - General Fund Budget to purchase portable heater for finance department - Resolution 79-172 - Rejecting bids for ~urehase of Fire Depart- ment rescue vehicle Resolution 79-173 - Fixing rates to be charged by taxicabs within the CIW of Kensi "'~ ~ ' ~- ""~* ~ '~, C,~.,t~,', ~',¥" '~ ~ ¥' Resolution 79-I74 - House numbering system Assignment of Lease - Thomas Smith to Ron swanson Games of Chance & Skill - Peninsula Oilers Tract A Proposal 16. Estimate #3 on Well tlouse ~lOl. payment 17. Carmen Gtntoli, a~hitectu~l sei-vlces fo~ City Hall, $4,900 18. CH2M Hill ~ sewer proJe~tsdesign - $45,700 It o K~PORT8 1. City Manager 2. City Attornay 3. Mayor 4. City Clerk._ ~ ' ~: ~' ~" ~' i~ o ,~ '~ 5. £inanee Director 6. Planning a Zoning ?. Kenai Borough Assembly $. Harbor Commission I. FERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT CITY OF KENAI ORDINANCE NO. 537-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CODIFYING INTO THE 1979 KENAI CODE THE PERSONNEL ORDINANCE OF THE CITY OF KENAI AS TITLE 23. '. WHEREAS, the C~ty of Kenai has recently updated its Code in the 1979 Kenai Code, and WHEREAS, certain changes to the Personnel Regulations have been requested by the City Administration, and WHEREAS, the City of Kenai has a comprehensive personnel ordinance which up to this time has not been codified, and WHEREAS, it would be fitting to codify this ordinance so that employees and the public might have the ordinance and its numerous amendments and updates at their fingertips, and WHEREAS, various older sections of the prior Kenai Code have provisions dealing with merit system (1.60.040); Personnel Board (1.60.050, 060, 070 and 080) which sections have been replaced in spirit and function by the provision of the new personnel ordinance and its amendments thus making it unnecessary to retain these Older sections in the Code, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Sections 1.60.040, 050, 060, 070, and 080 of the 1979 Kenai Code are hereby repealed in their entirety. Section 2: There is hereby adopted Title 23, Personnel Regulations, in the form as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk First Reading: November 7, 1979 Second Reading: November 21, 1979 Third Reading: December 5, 1979 Fourth Reading: December 19, 1979 Effective Date: January 19, 1979 Title 23 PERSONNEL REGULATIONS Table of Contents CHAPTER 5 - General 1. Employment-Qualifications and Fitness 2. Incentives and Conditions 3. Uniformity of Classification and Compensation 4. Appointments 5. Morale Tenure CHAPTER 10 - CATEGORIES oF SERVICE 1. General 2. Exempt Service 3. Classified Service CHAPTER 15 - ADMINISTRATION CHAPTER 20 - CLASSIFICATION 1. Initial Classification 2. Review of Classification Plan 3. Adjustments to Organization CHAPTER 25 - COMPENSATION 1. Pay Plan-Development 2. Pay Plan-Adoption 3. Pay Plan-Amendment 4. Appointee Compensation 5. Pay Day 6. Overtime 7. Acting Positions 8. Promotion CHAPTER 30 - PERSONNEL POLICIES AND PROCEDURES 1. General 2. Appointment 3. Probationary Period 4. Merit/Growth/Evaluation 5. Hours of Work 6. Attendance 7. Personnel Records 8. Transfers 23-1 9. Layoffs 10. Outside Employment 11. Travel Expenses 12. Moving Expenses-New Employeez 13. In-Service Training 14. Relatives in City Service CHAPTER 35 - GE}IERAL CONDUCT 1. Appearance 2. Causes for Warning, Suspension or Dismissal 3. Disciplinary Actions 4. Grievance Procedures 5. Resignation 6. Reemployment 7. Cost Consciousness 8. Safety 9. Legal Liability CHAPTER 40 - BENEFITS 1. General 2. Holidays 3. Annual Leave 4. Terminal Leave 5. Leave of Absence without Pay Leave of Absence with Pay 7. Education 8. Educational Opportunities 9. Retirement Age 10. Social Security 11. Industrial Accidents 12. Medical and Hospital Insurance 13. Maternity Leave CHAPTER 45 - PERFOPJ4ANCE EVALUATION 1. Purpose 2. Periods of Evaluation 3. Performance Evaluations 4. Review of Performance Report 5. Unsatisfactory Evaluation 6. Appeal Procedure CHAPTER 50 - CLASSIFICATION PLAN CHAPTER 55 - PAY PLAN 1. Exempt Salaries 2. Salary Structure-By Grade 3. Uniform Allowance CHAPTER 60 - DEFINITIONS 23-2 23.05.010 GENERAL PROVISIONS: It is hereby declared, personnel policy of the City of genai, that: i. Employment-Qualifications and Fitness: Employment in City Government shall be based on qualification and fitness, free of personal and political considerations, with equal opportunity for all with no restrictions as to race, color, creed, religious affiliations or sex. 2. Incentives and Conditions: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operations of the City government. 3. Uniformity of Classification and Compensation: Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 4. Appointment: Appointments, promotions and other actions requiring the application of the merit principal shall be based on systematic evaluation, designed for the position to be filled. 5. Morale: High morale shall be maintained by the fair administration of this ordinance, by every consideration of rights and interests of employees, consistent with the best interest of the public and the City. 6. Tenure: Tenure of employees covered by this ordinance shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work and the &vailability of funds. 23.10.010 CATEGORIES OF SERVICE: 1. General: All offices and posit~ons of the City are divided into classified service and exempt service. All the provisions of this chapter shall apply to positions in the classified service. The provisions of this chapter shall apply to positions in the exempt service as indicated in 2 below. 2. Exempt Service: The exempt service shall include the following: (a) Mayor - Only the following provisions shall apply to the Mayor: Sec. 30.010, ll(b) and 11 (d) and Sec. 40.010, 10 and 11. (b) Other elected officials and members of boards or commissions. Only the following provisions shall apply to such officials: Sec. 30.010, ll(b) and ll(d). (c) The following Council appointed administrative offices: i. City Manager. The City Manager shall perform all those duties mandated for his position by the provisions of this chapter and shall be bound or re- ceive the benefits of the following sections insofar as they are applicable: Sec. 25.010, paragraphs 5 and 6(d); Sec. 30.010, paragraph ll(b)(c)(d]; Sec. 40.010, paragraphs 2, 3, 4, 8, 10, 11, 12 and 13. ii. City Clerk. Only those provisions specifically enumerated under "i" above shall apply to the City Clerk. 23-3 iii. City Attorney. Only those provisions specif- ically enumerated under "i" above shall apply to the City Attorney. (d) Volunteer personnel and personnel appointed to serve without pay. None of the provisions of this chapter shall apply to such personnel. (e) Consultants and counsel rendering temporary pro- fessional services. Such services shall be by contract and none of the provisions of this chapter shall apply. (f) Positions involving seasonal or temporary work. All of the provisions of this chapter shall apply to such positions but only insofar as they are applicable. 3. Classified Service: The classified service shall include all other positions in the City service. (a) Ail permanent positions established by the annual budget or salary guide adopted by resolution of the City Council. Any new position created at the start or during the budget year and either ratified or affirmed by the City Council. (b) When this ordinance becomes effective, all persons then holding positions included in the classified service: i. Shall have permanent status if they have held their present positions for at least 6 months immediately preceding the effective date of this ordinance except for police, which shall be 12 months or; ii. Shall serve a probationary period of 6 months from the time of their appointment, which may be extended before acquiring permanent status,.if they have held their position for less than 6 months, with the exception of police, for which 12 months is substituted in the above for the stated 6 month period. 23.15.010 ADMINISTRATION: The personnel program established by this ordinance shall be administered by the City Manager. He shall administer all provisions of this ordinance and of the personnel rules. He shall prepare and recommend revisions and amendments to this ordinance as deemed necessary. The City Manager shall draft such rules as may be necessary to carry out the provisions of this ordinance. Such rules shall be uniform application except as specifically stated. Additionally, each department of the City is encouraged to establish departmental rules, regulations and procedures subject to the approval of the City Manager. Such rules, regulations and procedures shall be in harmony with the general rules of the City Manager and provisions of this ordinance, and shall be binding on the employees. 23.20.010 CLASSIFICATION: 1. Initial Classification: The City Manager shall make analysis of the duties and res- 23-4 ponsibilities of all positions in the classified service and shall recommend to the Council a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to make use of a single descriptive title, the same qualification require2 m~nts, the same test of competence and the same pay scale. A job class may contain one position or more than one position. The Council shall adopt a classification plan by ordinance. 2. Revisions to Classification Plan: The initial classification plan shall be revised from time to time as changing positions require it, with the recommendation of the City Manager and the approval of the City Council. Such revisions may consist of addition, abolishment, conso!idiation, division or amendment of the existing classes. 3. Adjustments to Organization: ~enever a change in the organization of the City administration is brought about by changes in the classification system outlined above, the City Manager shall submit to the Council a chart or table of organization of the administration, indicating the new structure and reporting relationship. 23.25.010 COMPENSATION: 1. Pay Plan-Development: The City Manager, in consultation with the Finance Director, shall prepare a pay plan and rules for its administration. The rate and range where each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public employment. The objective of the pay plan shall be to provide an appropriate salary structure to recruit and retain an adequate supply of competent employees. 2. Pay Plan and Adoption: The City Manager shall submit the pay plan and rules for its administration to the City Council for adoption. Before the pay plan and the rules for its administration are adopted by the Council, the City Manager shall assign each job class to one of the pay ranges provided in the pay plan. The Council shall adopt a plan and rules by ordinance. 3. Pay Plan Amendment: The pay plan may be amended by the City Council from time to time as circumstances require, either by adjustment of rates or by reassignment of job classes to different pay ranges. Ail modifications shall apply uniformly to all positions in the same class. 4. Appointee Compensation: (a) Upon initial appoint- ment to a position, the employee shall receive the minimum salary for the class to which the position is allocated. (b) However, in the cases when ~nusual difficulty in filling the vacancy is experienced, or when the appointee is exceptionally qualified, the City Manager may cause the 23-5 appointment to be made at a salary level above the minimum, but not more than Level D for the same class. 5. Pay Day: (a) Normally, employees shall be paid on the 15th and last day of each month. If the pay date falls on a Saturday, Sunday or a holiday, employees shall be paid on the last working day preceding the pay date. (b) The mid-month pay shall be a pro rata draw or a share of net entitlements for the monthly period, or period employed if a new employee. (c) Overtime payment, see paragraph 6. 6. Overtime: (a) Department heads and supervisors shall assign to each employee regular work duties and res- ponsibilities which can normally be accomplished within the established work day and work week. (b) When employees are required to work overtime, department heads shall authorize compensatory time off or overtime pay. Determination to grant cash or compensatory time off shall rest with the department head, City Manager or acting department heads, who shall give due consideration to desires of the employee, to budgetary controls and to the provisions of Sec. 25.010, 6(c) of this ordinance. Rates for overtime shall be: General Government Regular Workday x 1 1/2 Saturday x 1 1/2 Holiday (Scheduled Workday) x 2 which includes regular pay Holiday (Not Scheduled Workday) x 2 1/2 which does not include regular pay Holiday (Hours beyond 8) x 2 Sunday (Not Scheduled Workday) x 2 However, General Government employees must be in a paid status for 40 hours in the work week before overtime may be paid. Public Safety Regular Workday x 1 1/2 Saturday x 1 1/2 Holiday (Not Scheduled Workday) 2 1/2 which excludes holiday pay paid annually (Sec. 40.010-2) Holiday (Hours beyond 8) x 2 Sunday (Not Scheduled) x 2 However, Public Safety employees must be in a paid status for their normal work week before overtime may be paid: Police 40 hours Fire 56 hours Communications 42 hours Jail 42 hours 23-6 (c) Compensatory time accumulation shall not exceed 8 hours. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall auto- matically be paid in cash. (d) For some positions, overtime is considered part of the job responsibility and, therefore, does not justify overtime pay. Cash compensation for overtime shall not be granted to the following positions - Department Heads or exempt personnel to which this provision applies. In lieu of payment, time off is authorized with a maximum accumula- tion of 8 hours. (e) The Finance Department shall ask employees to submit monthly time sheets on a date near enough to the end of the month to allow for processing of pay checks by the last pay day of the month as explained in paragraph 5(a) of this section. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. 7. Acting Positions: Compensation during temporary assignment-an employee who is temporarily assigned to a position with a higher pay range for a period of 10 days or more shall be paid at the first step of the higher pay range or, he shall be granted a one step pay increase, whichever is higher, for the period worked in the temporary assign- ment. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed 6 months. 8. Promotion: When an employee is promoted from one class to another having a higher pay range, he shall receive an increase of not less than one pay step. If the employee's current rate of pay is below the minimum for the higher class, his pay shall be increased to the minimum rate of the higher class. If the employee's current rate of pay falls within the range of the higher class, his pay shall be adjusted to the next higher pay step in the range for the higher class, which is at least equal to one increment above his current pay rate. 23.30.010 PERSONNEL POLICIES AND PROCEDURES: 1. General: (a) Recruitment and appointing authority shall be vested in the City Manager. (b) Applicants must be United States citizens in order to be employed by the City. (c) Applicants for positions in the City service need not reside within the City limits. Departmental Rules shall establish response times required by that department. 23-7 (d) Minimum age for City employment shall be in accordance with State of Alaska laws. (e) Employment of qualified, handicapped persons shall be encouraged. (f) Employment rights for veterans shall be in ac- cordance with applicable State and Federal laws. (g) Applicants must possess an appropriate valid Alaska State Driver's License, should employment require operation of a motor vehicle. (h) Applicants must complete a City application form or submit a resume of sufficient detail to equate to a City form. (i) Preference in appointment shall be given to qual- ified City residents. 2. Appointment: All appointments to vacancies shall be made solely on the basis of merit, efficiency and fit- ness. These qualities shall be determined through careful and impartial evaluation of the following: ~a) The applicant's level of training relative to the requirements of the position for which applied. (b) The applicant's physical fitness relative to the requirements of the position for which applied. (c) The results of an oral interview, and (d) Whenever practical, the results of a competitive written examination or demonstration test, which shall be a fair and valid test of the abilities and aptitndes of ap- plicants for the duties to be performed. No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, ancestry, sex, national origin, or political or religious affiliation for the purposes of discriminating. All statements submitted on the employment application or attached resume shall be subject to investigation and verification. If required by the department, applicants shall be fingerprinted prior to appointment. Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the City shall pay the cost of the examination. 3. Probationary Period: Ail original appointments including those that result from transfers shall be tent- ative and subject to a probationary period of not less than 6 months consecutive service, except for Police and Fire, which shall be normally 12 months, subject to meeting criteria for certification which may be accomplished fol- lowing 6 months of service. Promotional appointment probationary period shall, for all personnel, be not less than 6 months. 23-8 In cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee's qualifications, the probationary period may be extended; however, no probationary period shall be extended beyond 12 months or 18 months for police and fire. The employee shall be notified in writing of any extension and the reasons therefore. ~. During the first 6 months of original probationary period, a new employee (including police and fire) shall not be eligible for vacation benefits, but he shall earn vacation credit from the first day of employment. Upon completion of the probationary period, the em- ployee shall be considered as having satisfactorily dem- onstrated qualifications for the position, shall gain regular status, one step in pay raise, and shall be so informed through his supervisor. For employees who have not gained regular status by July 1, 1977, the date that original probation ends shall be the employee's anniversary date. For employees who have gained regular status by July 1, 1977, July 1 shall be the employee's anniversary date, until promotion or transfer. During the probationary period, a new hire may be terminated at any time without appeal. In the case of promotional appointments, the promoted employee may be demoted at any time during the probationary period without appeal, provided that the probationary em- ployee be reinstated in the class designation from which he was promoted, even though this necessitates the layoff of the employee occupying the position. 4. Merit/Growth/Evaluation: (a) Evaluations shall be required annually of all classified employees. Supervisors shall indicate thereon his recommendation as to whether or not the employee has merited a growth pay raise in accord- ance with the City Pay Plan, Sec. 23.55.010. (b) Approval of increment merit pay raises are vested in the City Manager. 5. Hours of Work: (a) The hours during which City offices and departments shall normally be open for business shall be 8:00 a.m. to 5:00 p.m., DPW - 8:00 a.m. to 4:30 p.m., except Saturdays and Sundays, holidays and further excepting Police and Fire which shall be open for business 24 hours a day. The library and Animal Control operations shall be open for business as authorized by the City Manager. (b) Public Safety employees, not including administra- tors, normal work week is: i. Police-4 shLfts of 10 hours per week, 2090 hours annually. When working this shift, 1st and 3rd days off shall be treated as Saturdays and the middle day off (the 2nd day) shall be treated as a Sunday for purposes of paying overtime; ii. Fire-24 hours on, 24 hours off for 6 day cycle, then 3 days off/equivalent of 56 hours per week, 2912 hours annually; 23-9 iii. Communications and Jail-12 hours on, for 3 days; off for 3 days/equivalent of 42 hours per week, 2184 hours annually. (c) Sewer Treatment Plant employees work a 40 hour week on a shift basis that allows at least one employee to be at the plant on a given day. When scheduled days off are two consecutive calendar days, the first day off shall be treated as a Saturday and the second day off shall be treated as a Sunday for purposes of paying overtime. (d) All other employees' normal work week is 40 hours/ 8 hours a day, 2080 hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted to meet special situations on timely notice. 6. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves of absence. An employee shall not absent himself from work for any reason without prior approval from his supervisor. When prior approval is not obtained, an employee, who for any reason fails to report to work, shall make a sincere effort to notify his supervisor of his reason for being absent. If the absence continues beyond the first day, the employee shall notify the supervisor on a daily basis unless other arrangements have been made with the supervisor. Departments shall maintain records of employees' at- tendance. Any unauthorized absence of any employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. 7. Personnel Records: The City Manager shall cause a service or personnel record to be maintained for each employee in the service of the City of Kenai. The personnel record shall show the employee's name, title of position held, the department to which assigned, salary, change in employment status, training received, and such other information as may be considered pertinent. A personnel action form shall be used as the single document to initiate and update personnel records. Employee personnel records shall be considered con- fidential and shall be accessible only to the following: (a) the employee concerned, (b) selected City officials authorized by the City Manager. Departmental personnel files should not be developed or maintained, except as working records; i.e., accumulating data for evaluation reports. Departmental personnel records are therefore unofficial and have no standing. 8. Transfers: Requests from employees for transfers from one department to another shall be made in writing and shall be directed to the employee's present department head and referred to the appropriate department head and the 23-10 appointing power. Such requests shall be given considera- tion when a suitable vacancy occurs; however, no employee shall be transferred to a position for which he does not possess the minimum qualifications. 9. Layoff: If there are changes of duties in the organization, lack of work or lack of funds, the appointing authority may lay off employees; however, the appointing authority shall first make every reasonable effort to integrate those employees into another department by trans- fer. When layoffs are required, the appointing authority shall base the decision on relative merit, and shall give due consideration to seniority in the City service only where the employee's qualifications and ability are relativ- ely equal. 10. Outside Employment: No full-time employee shall accept outside employment, whether part-time, temporary or permanent that could reasonably interfere, conflict or reflect on the City. It is the individual employee's res- ponsibility to insure compliance with this section. Con- sultation with the individuals department head is strongly recommended before acceptance of outside employment. 11. Travel Expense: When employees are required to travel outside the City on City business, reimbursement, subject to advances received, for expenditures incurred shall be determined as follows: (a) Prior to traveling outside the City, the employee shall obtain permission for the trip and the mode of travel from the department head. (b) Travel on official business outside the City by a single individual shall be via public carrier or city-owned vehicle whenever practical. If, for extenuating circum- stances, the employee is authorized to use a private vehicle, total mileage shall be paid at the rate of $.20 first 100 miles, $.15 next 100 miles, and $.10 thereafter. This rate includes all travel, insurance and storage expenses of the vehicle. (c) Those employees who habitually use their privately owned vehicle for City business shall be reimbursed $20 per month, subject to authorization by the City Manager. (d) The authorized per diem rates are $20 per day plus lodging expenses. Part days will be reimbursed for actual =osts incurred. Claims for lodging expenses will be supported by receipts. 12. Moving Expense for New Employees: Whenever a pro- fessional or technically trained person changes his place of residence more than 50 miles, for the purpose of accepting employment with the City, such a person may be reimbursed for actual and necessary expenses under the following conditions: (a) The employee must be appointed to a position or a class for which the City Manager certifies that such ex- penditure is necessary to recruit qualified employees and funded by the Council. 23-11 (b) The maximum reimbursable shall be subject to negotiation at the time of an offer of acceptance of ap- pointment. (c) To be eligible for the total allowance for an employee who is the head of a household, his dependents must accompany him or join him within one year of the date of his appointment. (d) New employees who are assisted with their moving expenses shall be required to sign a Transportation Agree- ment prior to employment. The Transportation Agreement stipulates that the employee will reimburse the City for all or part of such expenditures in the event of voluntarily leaving City service within a period of 2 years according to the following schedule: 100% - Less than 6 months 75% - 6 months but less than 12 months 50% - 12 months but less than 18 months 25% - 18 months but less than 24 months 0% - 2 years and over New employees may not be given an advance against moving expenses without prior written approval of the City Manager. 13. In-Service Training: The City Manager shall en- courage training opportunities for employees and supervisors in order that services rendered to the City will be more ef- fective. He shall assist department heads in meeting training programs designed to meet immediate City-wide personnel needs and to prepare employees for promotion to positions of greater responsibility. Training sessions may be conducted during regular working hours at ~he discretion of department heads. 14. Relatives in City Service: Two members of an immediate family (spouse, children, brother, sister or parents) shall not be employed under the same supervisor. Neither shall two members of an immediate family be employed at the same time regardless of the administrative depart- ment, if such employment will result in an employee super- vising a member of his immediate family. This section shall not be construed to prohibit employment by the City of relatives of City Council members. The provisions of this section shall apply to promotions, demotions, transfers, reinstatements and new appointments. Cohabitation by adults of the opposite sex presumes a family relationship and shall be construed as such. 23.35.010 GENERAL CONDUCT, DISCIPLINE, TERMINATION AND APPEAL: 1. Personal Appearance and Conduct: Public relations shall be an integral part Of each employee's job. All employees shall be neat and clean in appearance and shall conduct themselves in a manner which is appropriate 23-12 for an employee in public service. Departmental regulations may impose reasonable specific standards of dress and ap- pearance. Employees shall be courteous, efficient and helpful to everyone in their work and shall do the best job possible on every assignment. 2. Causes for Warning, Suspension or Dismissal: When an employee's conduct falls below desirable standards, he may be subject to disciplinary action. General reasons for which an employee may be disciplined include: (a) Drinking intoxicating beverages or use of non- prescription depressant, stimulant hallucinogenic or nar- cotic drugs on the job or arriving on the job under the influence of intoxicating beverages or such drugs. (b) Violation of a lawful duty; (c) Insubordination; (d) Breach of discipline; (e) Being absent from work without first notifying and securing permission from the employee's supervisors; (f) Being habitually absent or tardy for any reason; (g) Misconduct; (h) Conviction of a felony or a misdemeanor involving moral turpitude; (i) Using religious, political or fraternal influence; (j) Accepting fees, gifts, or other valuable things in the performance of the employee's official duties for the City; (k) Inability to perform the assigned job; (1) Political activity as restricted by the Charter. 3. Forms of Disciplinary Action: Disciplinary action ranges from oral or written reprimands to suspension, d~motion and finally dismissal from the City service, and depends on the severity of the offense as well as the number and the frequency of previous acts of misconduct. It shall be the du~y of all City employees to comply with and to assist in carrying into effect the provisions of the City's personnel rules and regulations. No employee shall be disciplines except for violation of established rules and regulations, and such discipline shall be in ac- cordance with procedures established by the personnel rules and regulations. Every department head shall discuss improper or in- adequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise dis- ciplinary action. Discipline shall be of increasing, ly progressive severity whenever possible. A written notice shall be given each employee for each disciplinary action stating the reasons for the disciplinary action and the date it shall take effect. The notice shall be given to the employee at the time such action is taken. A copy of the notice signed by the employee shall be placed in the employee's personnel file and shall serve as prima facie evidence of delivery. 23-13 Ail permanent employees shall have the right to appeal disciplinary action taken against them within 5 working days after the effective date of disciplinary action. Appeals shall be made as grievances in accordance with the provisions set forth below. 4. Grievance Procedure: The City shall promptly consider and equitably adjust employee grievances relating to employ- ment conditions and relationships. Furthermore, the City desires to adjust the causes of grievances informally-both supervisors and employees are expected to resolve problems as they arise. The following steps shall be followed in submitting and processing a grievance: (a) Step 1 - The aggrieved employee or group of employees shall orally present the grievance to the im- mediate supervisor within 5 working days of the occurrence, not including the date of presentation. (b) Step 2 - If the grievance is not settled in Step 1, it shall be prepared in detail, shall be reduced to writing, shall be dated, shall be signed by the aggrieved employee or group of employees and shall be presented to the department head within 5 working days after the supervisor's oral reply is given, not including the day that the answer is given. (c) Step 3 - If the grievance is not settled in Step 2, the written grievance shall be presented along with all pertinent correpondence, records and information accumulated to date to the City Manager within 7 working days after the department head's response is given, not including the day that the response is given. The City Manager shall meet with the aggrieved employee or group of employees, the immediate supervisor and the department head. The City Manager shall reply to the grievance in writing within 7 working days of the date of presentation of the written grievance. The decision of the City Manager shall be final and binding on the employee or group of employees. If the grievance procedures are not initiated within the time limits established by this section, the grievance shall be considered not to have existed. Any grievance not taken to the next step of the grie- vance procedure shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this section. If the City fails to meet or answer any grievance within the time limits prescribed for such action by this section, such grievance shall automatically advance to the next step. If the City fails to meet or answer any grie- vance on the last step of the grievance procedure within the time limits prescribed for such action by this section, it shall be deemed that the City has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly. 23-14 The time limits prescribed in this section for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties involved. No employee shall be disciplined or discriminated against in any way because of the employee's proper use of the grievance procedure. 5. Resignation: To resign in good standing, an employee shall give the appointing authority not less than 10 working days prior notice of such resignation unless the appointing authority agreed to permit a shorter period of notice be- cause of extenuating circumstances. The notice of resigna- tion shall be in writing and shall contain the reasons for leaving the City service. Failure to comply with this section shall be entered in the employee's service record and may be cause for denying future employment with the City. 6. Reemployment: Permanent and probationary employees with a satisfactory record of service who resign their positions (in accordance with the provisions of this or- dinance for resignation from the City service) may, on their written request, withdraw such resignation within one year from the effective date thereof and be considered on a preferential basis for reemployment in the same or compar- able classification to one resigned from. The preferential eligibility of all candidates for re- employment shall expire 2 years from the date on which they become entitled to the reemployment rights. No benefits toward seniority or leave accrual shall accrue due to prior periods of service. 7. Cost Consciousness: City employees shall practice every economy possible in the discharge of their duties. Employees are encouraged to recommend to their super- visors work procedures which will result in a cost saving or improved service to the public. 8. Safety: The City Manager shall be responsible for the development and maintenance of a safety program, equal to but not limited to OSHA requirements. Such program shall include safety regulation and discipline controls. Department heads, supervisors and employees shall guard the safety of themselves, fellow employees and the public. When accidents occur on City property, the employee shall contact his supervisor immediately and the supervisor shall complete an accident form. In case of a motor vehicle accident, the Police Department shall also be notified immediately. The City Manager shall be notified of all accidents in- volving City employees and City equipment as soon as possible and not later than the next work day. 9. Legal Liability: Employees shall abide by all laws and regulations which govern the performance of their duties, and shall perform their duties as reasonable, prudent persons. 23-15 Defense of legal claims against an employee relating to an official status with the City, shall be the responsibility of the City. If an employee is grossly negligent in the performance of duties and responsibilities and if an accident results from such negligent performance of duties and responsibil- ities or if a court of law finds that the employee wilfu%ly exceeded his scope of duty and responsibility, the employee may be held personally and legally liable. 23.40.010 BENEFITS: 1. General: Ail regular full time, regular pact-time (15 hours and over per week) classi- fied employees are entitled to the following benefits, except for Medical and Hospital insurance which shall be available to employees working no less than 25 hours per week, as specified in this article. 2. Holidays: All regular employees of the City shall be entitled to the holidays listed below with pay. Full time employees shall receive regular compensation; part-time employees shall be compensated in proportion to the number of hours they are normally scheduled to work. (a) New Year's Day (b) Washington's Birthday (c) Memorial Day (d) Independence Day (e) Labor Day (f) Alaska Day (g) Veterans Day (h) Thanksgiving Day (i) Day after Thanksgiving (j) Christmas Day (k) A floating holiday to be selected by the City Manager If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday. Public safety employees shall receive pro rata an annual payment each December for appropriate holidays as follows: Firefighters (56 hour week), 11.2 hours pay per holiday Police (40 hour week), 8 hours pay per holiday Jail and Dispatchers (42 hour week), 8.4 hours pay per holiday I{olidays which occur during vacation shall not be charged against such leave. 3. Annual leave: (a) accrual rate: i. Regular full-time classified and exempt employees less firefighters, communications, and jail personnel: 23-16 16 hrs. per month-first 2 years of service 18 hrs. per month-3 through 5 years of service 20 hrs. per month-6 through 10 years of service 22 hrs. per month-more than 10 years of service Regular part-time employees working 15 hours a week or more shall accrue at the same rate as a full-time employee except on a proportional basis as to hours. ii. Firefighters-Fire Engineers--Based on a 56 hour week) 22.4 hrs. per month-first 2 years of service 25.2 hrs. per month-3 thru 5 years of service 28.0 hrs. per month-6 thru 10 years of service 30.8 hrs. per month-more than 10 years of service iii. Communications and Jail Personnel: (Based on 42 hour week) 16.8 hrs. per month-first 2 years of service 18.9 hrs. per month-3 thru 5 years of service 21.0 hrs. per month-6 thru 10 years of service 23.1 hrs. per month-more than 10 years of service (b) Annual leave is charged on an hour for hour basis; i.e., normal work day of 8 hours would be charged at 8 hour annual leave, 12 hour work day-12 hours annual leave, 10 hours work day-10 hours annual leave, 24 hour work day-24 hours annual leave. (c) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave. Leave does not accrue during periods of leave without pay. (d) Accrued and unused leave may be carried over from one year to the next for the purpose of accumulating an annual leave account or reserve. However, on December 31 of any year, an employee may not have more leave to his/her credit than the total of 80 hours times the number of years of City service to the nearest quarter, 112 hours for Fire, 84 hours for Communications and Jail. The maximum leave hours that may be accrued is 640 hours for regular classified and exempt, 896 hours for Fire and 672 hours for Communications and Jail. (e) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as un- planned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. (f) It is expected that each employee shall plan at a minimu~ 80 hours of annual leave per year for General Govern- ment employees, 112 for Fire, 84 for Communications and Jail, and effect appropriate coordination with the Depart- ment head. 23-17 (g) Excess leave above the amount authorized for accrual (Paragraph iii d above) existing on December 31 shall automatically be paid at the then existing rate for the individual employee. (h) Department heads shall schedule vacations for their respective employees with due consideration for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. (i) In the event of a significant illness or injury not covered by Workman's Compensation, an individual per- manent employee on exhausting annual leave may, with the approval of the City Manager, borrow up to a 6 month en- titlement (i.e., 6 x 16 hours) to avoid a no-pay status. 4. Terminal leave: Upon separation during initial probation (first 6 months for Police and Fire), accrued annual leave shall not be granted nor paid to the employee. In other separations, accrued leave shal be paid in a lump sum. The salary or hourly rate to be used in computing the cash payment shall be the rate which is being received by the employee on the date of application for cash payment, or when resignation/separation is signed by the employee. 5. Leave of absence without pay: (a) Leave without pay may be granted to an employee upon recommendation of the department head and approval of the City Manager for up to 180 days. Each request for such leave shall be considered in the light of the reasons for the request and of the needs of the organization. Leave of absence without pay is not authorized or permitted for other employment. Leave without pay shall not be requested nor granted until such time as all accrued annual leave has been exhausted, except when an employee is absent and drawing Workman's Compensation Pay. (b) If an employee uses more than 30 days total leave without pay during his leave year, his merit anniversary and length of service dates shall be advanced by the number of days such leave without pay exceeds 30 days. (c) During a period of leave without pay, the em- ployee's benefits shall be in abeyance. Cost of maintenance of health and related benefits will be at the personal expense of the employee and must be prepaid via the City to insure continued coverage. 6. Leave of absence with pay: Employees may request leave of absence with pay for: (a) Witness or Jury Duty: When a City employee is called for jury duty or is subpoenaed as a witness, he shall not suffer any loss of his regular City compensation during such absence; however, he shall be required to transfer any compensation he receives for the performance of such duty to the City. Time not worked because of such duty shall not affect annual leave accrual. 23-18 (b) Military Leave: An employee who has successfully completed the probationary period and who is a member of the National Guard or a reserve component of the Armed Forces of the United States or of the United States Public Health Service shall be entitled, upon application, to a leave of absence from City service for a period not exceeding 15 calendar days in any one calendar year. Such leave shall be granted without loss of time, pay (difference between regular and military p~y including COLA, but not including other regular allowances) or other leave, and without impairment of merit ratings or other rights or benefits to which he is entitled. Military leave with pay shall be granted only when an employee receives bona fide orders to temporary active or training duty, and shall not be paid if the em- ployee does not return to his position immediately following the expiration of the period for which he was ordered to duty. (c) Conferences and Conventions: Decisions concerning attendance at conferences, conventions, or other meetings at City expense shall be made by the department heads with the approval of the City Manager. Permission shall be granted on the basis of an employee's participation in or the direct relationship of his work to the subject matter of the meeting. Members of professional societies may be permitted to attend meetings of their society when such attendance is considered to be in the best interest of the City. 7. Educational Opportunities: (a) The City shall reimburse an employee for 1/2 the amount of tuition for courses directly related to the em- ployee's work and conducted outside the employee's regular working hours, provided that: i. Funds for such expenditures are available in the current budget, ii. The employee has made application for approval of the course and tuition reimbursement to his depart- ment head at least 10 days prior to the registration for such course and the department head subsequently gives such approval, and iii. The employee submits evidence of satisfactory completion of the course, and iv. The employee is not receiving reimbursement for tuition from any other source. (b) Courses which are only offered during regular working hours may be approved by the department head pro- vided time off can be arranged conveniently and reasonable arrangements can be made to make up time off. (c) The City shall allow time off with pay and shall reimburse an employee for the expenses of attending classes, lectures, conferences or conventions when attendance is on an assignment basis with prior approval of the employee's department head. (d) Normally, the cost of textbooks and technical pub- lications required for such courses shall be the responsibil- ity of the employee. If the City purchases any of the 23-19 1111111 ..... textbooks and publications for such courses, said textbooks and publications shall become the property of the City. 8. Retirement: All full-time employment employees are required to partiaipate in the State Public Employees Re- tirement System. See PERS Handbook for details. 9. Retirement age: As authorized and required by Public Employees Retirement System. 10. Social security: The city shall match the employee's contribution in the Social Security Plan. 11. Industrial accidents: All employees shall be covered under the State of Alaska Workmen's Compensation program for industrial accidents and disease. Benefits include medical treatment and care as well as disability compensation during the periods of time lost from the job. 12. Medical and hospital insurance: provided by a group policy at no cost to the employee. Life, major medical, hospitalization, dental and vision insurance are included as part of Group Insurance. 13. Maternity leave: Immediately preceding and follow- ing childbirth, an employee is entitled to take a total of 9 weeks leave. This leave will be charged first to annual leave and if this is insufficient to leave without pay for the balance of the period of 9 weeks. Upon application and under extenuating circumstances, additional leave may be granted by the appointing authority. A physician's certificate shall be required to support the additional leave request. Where a maternity leave of absence is taken in accordance with this section', the employee shall accumulate service credit during such paid leave of absence. 23.45.010 PERFORMANCE EVALUATION: 1. Purpose: The primary purpose of the employee performance evaluation program is to infomn employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluation shall also be considered in decisions affecting salary advancement, promotions, demotions, dismissals, order of layoff, order of reemployment, placement, and training needs. 2. Periods of evaluation: Each employee in the classi- fied service shall have his performance evaluated at the following periods: (a) End ~f probationary period: Each employee shall be evaluated 30 days prior to the completion of his probationary period. The employee must have an overall evaluation of at least "satisfactory" in order to become permanent. (b) Annual: Each employee shall receive an annual performance evaluation 30 days prior to his anniversary date. (c) Time of separation: Each employee shall be eval- uated at the time of separation and such record shall become part of his permanent personnel file. 23-20 3. Performance evaluators: (a) Rating officer: The rating officer shall normally be the employee's immediate supervisor. The rating officer shall be responsible for completing a performance evaluation report at the time prescribed for each employee under his supervision. (b) Reviewing officer: The reviewing officer shall normally be the rating officer's immediate supervisor or department head. The reviewing officer shall review the performance evaluation report completed by each rating officer under his jurisdiction before the report is dis- cussed with the employee. The reviewing officer shall consider the performance evaluations completed by the rating officer in evaluating the rating officer's performance. 4. Review of performance reports: The rating officer shall discuss the performance evaluation report with the employee before the report is made part of the employee's permanent record. If the rating officer plans to recommend the denial of an in-grade salary increment or recommend an extraordinary increment, the report must be discussed with the reviewing officer and the City Manager prior to review with the employee. 5. Unsatisfactory evaluation: Employees who receive an overall rating of "unsatisfactory" on their annual evalua- tion shall not be eligible to receive an in-grade salary increment. Employees who receive two consecutive overall ratings of "unsatisfactory" shall be subject to dismissal. 6. Performance evaluation appeal procedure: Employees' performance evaluation reports shall not be subject to the standard grievance procedure. Employees shall have the right to appeal their evaluation in accordance with the following procedure: Step 1-If, after a'review of his performance evaluation report with the rating officer, the employee feels that the report is unfair, he may request a meeting with the reviewing officer by checking the appropriate section on the report. The rating officer will then immediately forward the report to the reviewing officer who will arrange to meet with the employee within 5 working days after receiving the report. The reviewing officer will then forward a decision in writing to the employee within 5 working days after the date of their meeting. Step 2-In the event that the employee is dissatisfied with the decision of the reviewing officer, he may within 5 working days of receipt of the decision appeal his performance evaluation report, in writing, to the City Manager. The City Manager shall within 5 working days meet and discuss the report with the employee. The City Manager will, in writing, make a decision within 10 working days from the date of their meeting. The decision of the City Manager will be final. 23-21 2 3.50 · OlO CLASS CODE 101 102 103 104 105 106 107 108 109 110 111 201 202 203 204 205 206 301 302 303 304 305 306 307 308 309 310 311 401 402 403 404 405 406 407 408 409 410 CLASSIFICATION PLAN CLASS TITLE City Manager City Attorney City Clerk Finance Director* Public Works Director* Police Chief* Fire Chief* Senior Accountant Assistant Engineer Code Enforcement Officer Airport Operations Manager ADMINISTRATIVE SUPPORT Department Assistant I Department Assistant II Administrative Assistant Accounting Technician I Accounting Technician II Accountant PUBLIC SAFETY Assistant Fire Chief Fire Fighter Police Lieutenant Police Sergeant Police Officer Dispatcher Fire Engineer Correctional Officer I Correctional Officer II Fire Captain Fire Marshall PUBLIC WORKS Building Inspector Shop Foreman Maintenance Supervisor Treatment Plant Operator Water & Sewer Operator I Mechanic Helper Maintenance Worker I Mechanic Maintenance Worker II Water & Sewer Operator II 23-22 RANGE NG NG NG 24 22 22 22 19 17 17 17 3 7 8 10 11 16 18 13 18 16 14 7 15 11 14 16 16 15 15 15 13 12 12 11 14 12 13 CLASS CODE 501 502 503 504 CLASS TITLE RANGE SOCIAL SERVICES Librarian* 14 Sr. Citizen Coordinator 8 Parks & Recreation Director* 16 Animal Control Officer 10 *Department Directors 23.55.010 PAY PLAN: (a) City Manager (b) City Attorney (c) City Clerk 1. Exempt Salaries: $43,000 annually $37,500 annually $23,500 annually 2. Salary structure by grade: (a) Table (attached) (b) On completion of the. probationary period, each employee shall be advanced one step. At succeeding anniver- sary dates, subject to evaluation, employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is one year. The time normally between Steps F to AA to BB to CC is 2 years. 3. Qualification pay: In recognition of professional development, personal time and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. This recognition entitlement is not considered when calculating hourly rates for overtime, double-time, annual leave or holiday pay. (a) Police Department: Certification in accordance with State of Alaska Certification Standards. Police Officer Intermediate Certification Advanced Certification $720/year $1,440/year Police Sergeant Intermediate Certification Advanced Certification Police Lieutenant Advanced Certification $720/year $1,440/year $1,440/year (b) Fire Department: i. Recognition entitlements for an associate degree in fire science is $480 per year. Eligible grades are firefighter, engineer, lieutenant and captain. ii. Recognition entitlements for EMT certification for eligible grades of firefighter, engineer and lieuten- ant are as follows: 23-23 EMT I Instructor EMT II EMT III $ 60/year $120/year $300/year c. Water and sewer utility: recognition entitlements for water and sewer certification are: W & S II $180/year W & S III $300/year 4. Unifo~allowance: (a) The following annual allowances are established to defer the cost of uniform cleaning, maintenance and replace- ment for second and succeding years of service: Jail $250; Police $400; Fire $300; Annimal Control $250 Payment shall be made based on pro-rata service and paid in July 1st and January 1st installments. (b) On hiring, the respective department head shall issue from stock or purchase from appropriate funds a basic uniform and equipment issue. (c) Department of Public Works, Water & Sewer and Animal Control personnel shall be authorized by purchase from appropriated funds, safety shoes, hard hats and other OSHA required items. Laundry service will also be provided for those clothing items furnished. 5. Hourly rates-part-time employees: PT-1 $3.40/hour PT-2 $3.65/hour PT-3 $3.90/hour PT-4 $4.15/hour PT-5 $4.40/hour PT-6 $4.65/hour PT-7 $4.90/hour 6. Stand-by pay: Where employees are regularly placed on a stand-by status for a Saturday, Sunday or Holiday, they shall be entitled to a minimum of 2 hours pay for such stand-by status. In the event of a "call out," overtime shall be paid for hours worked but not less than the minimum of 2 hours. To be eligible for stand-by pay, an employee must formally be placed on stand-by status, with the approval of the City Manager, and the proper documentation indicating such approval placed in the employee's personnel records. An employee in stand-by status must be available for call- outs and must be in a location whereby the responsible City personnel can communicate with him or her. 23-24 GLASSIFIED SALARY TABLE RAKGE A B C D E F AA BB CC 3 12,847 ' 13,168 13,489 13,810 14,131 14,452 14,773 7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 8 16,406 1~,816 17,226 17,636 18,046 18,456 18,866 9 17,221 17,652 18,083 18,514 18,945 19,376 19,807 10 18,078 18,530 18,982 19,434 19,886 -' 20,338 20,790 11 18,979 19,453 19,927 20,401 20,875 21,349 21,823 12 19,936 20,434 20,932 21,430 21,928 22,426 22,924 ~ 20,922 21,445 21,968 22,491 23,014 23,537 24,060 14 21,980 22,530 23,080 23,630 24,180 24,730 25,280 15 23,080 23,657 24,234 24,811 25,388 25,965 26,542 16 24,223 24,829 25,435 26,041 26,647 27,253 27,859 17 25,438 26,074 26,710 27,346 27,982 28,618 29,254 48 26,709 27,377 28,045 28,713 29,381 30,049 30,717 19 28,038 28,739 29,440 30,141 30,842 3].,543 32,244 20 29,454 30,190 30,926 31,662 32,398 33,134 33,870 .22 32,455 33,266 34,077 34,888 35,699 36,510 37,321 24 35,833 36,729 37,625 38,521 39,417 40,313 41,209 15,094 15,415 18,357 18,748 19,276 19,686 20,238 20,669 21,242 21,694 22,297 22,771 23,422 23,920 24,583 25,106 25,830 26,380 27,119 27,696 28,465 29,071 29,890 30,526 31,385 32,053 32,945 33,646 34,606 35,342 38,132 38,943 42,105 43,001 Hourly rates .',re determined by dividing annual salary by number of hours in work year. 23-25 23.60.010 DEFINITIONS: As used in this ordinance the following terms shall have the meanings indicated: 1. Department: A major functional unit of the City government established by the City Council. 2. Department Head: A person directly responsible to the City Manager for the administration of a department. Wherever under the provisions of this chapter, approval of a department head is required, if the person requesting' approval is a department head, the approval shall be obtained from the City Manager. 3. Full-time Employee: An employee who works the normal amount of working hours for the class assigned. 4. General Government Employee: A City employee other than a Public Safety employee. 5. Grievance: An employee's oral or written expression of dissatisfaction with some aspect of his employment, a management decision affecting him, or an alleged violation of his rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. 6. Permanent Part-time Employee: An employee who is employed regularly for less than the normal number of working hours, but who normally follows a pre-determined, fixed pattern of working hours. 7. Permanent Employee: An employee who has been retained in his appointed position after the completion of his probationary period. 8. Probationary Employee: An employee who has not yet completed his probationary period. 9. Probationary Period: A working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. 10. Public Safety Employee: A person employed in the Police, Fire or Communications departments. 11. Supervisor: Any person who is responsible to a higher divisional or departmental level of authority and who directs the work of others. 12. Temporary Employee: An employee who has been appointed for a limited period not to exceed 6 months. (Ords 336, 336(a), 364, 385, 414, 440, 458, 482, 503, 513 & 537) 23-26 M-E-M-O-R-A-N-D-U-M To: City Council From: Charles A. Brown, Acting City Manager Subject: Ordinance ~537-79 December 14, 1979 The following requests were'made from the Public Works Department regarding the Personnel Regulations: (1) Compensatory time off should be equal to the rate of pay given up for overtime worked. That is, if overtime is worked on Sunday (a double-time day), then time off in lieu of overtime should be at the rate of 2 hours for each hour worked. (2) Compensatory time should be allowed to accumulate with no maximum. (3) If called out during off hours, the minimum pay shall be for 4 hours overtime. (4) (5) (6) The anniversary date should coincide with the date of hire, not the end of probation. Essentially, this means that the first 2 evaluation periods should be six months long, and subsequent evaluation periods should be 1 year each. Revise salary table to provide higher pay. Performance evaluation should be semi-annually. The City Administration can support item #2 above. This will simply require the employee to indicate on his overtime slips whether he wants comp. time or pay; and then the Finance Department will account for it similar to leave accrual. If the Council also supports this, the following motion to amend Ordinance Number#537-79 may be made: "23.25.0.10~..r. 6(c) be amended to read,'Compensatory Time shall accumulate without maximum on an hour for hour basis, to be taken with approval of the Department Head[" ~3.25.010. - 6(d) Last sentence should read, ~In lieu of payment, time off is authorized with no maximum accumulationS" The City Administration can partically support item #3 above. Presently, some call-outs are paid at actual hours worked and some with a one hour minimum. I do believe that a two hour minimum overtime would be more fair. If the Council supports this, the following motion to amend Ordinance Number~537-79 may be made: "23.55.010., add a new Section 7 to read, tall out while not on standby: When employees are called out to work outside of normal working hours, they shall be paid a minimum of 2 hours overtime pay. Overtime hours worked immediately prior to or after normal working hours will not be considered as a call-outS" ~emorandum to City Council from Charles A. Brown page 2 December 14, 1979 Ordinance #537-79 (Cont'd) The City Administration shares the concern of the employee with regard to the salary structure (item #5 above). I believe we should carefully review the salary table before next budget year. CITY OF KENAI ORDINANCE NO. 541-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING CERTAIN SECTIONS OF TITLE 7 OF THE 1979 KENAI CODE TO RAISE THE MONETARY LIMITS ON PURCHASES WITHOUT COUNCIL APPROVAL, REQUIRING AUTHORIZATION BY TELEPHONE POLL IN EMERGENCIES, AND FOR REQUIREMENT OF COMPETITIVE BIDDING. WHEREAS, the effects of inflation and steadily rising costs have made unrealistic the monetary limits set on contracting for, or purchasing of, supplies, materials, equipment, or contractual services by the City Manager without prior approval by Council, for purchasing without competitive bidding, when telephone poll may be made by the City Manager to obtain authorization from Council for purchasing budgeted supplies, materials, or services if the need is critical in his estimation, and when disbursements require review by the Council, and WHEREAS, it is the intent of Council to raise these limits to more realistic levels, NOW, T~EREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: 7.15.030 of the 1979 Code is amended to read as follows: "7.15.030 When Prior Approval by Council is Required: 1. Every contract for or purchase of supplies, materials, equipment or contractual services shall require the prior approval of the Council. The only exceptions will be: (a) Utility bills (electricity, gas, fuel and telephone); (b) City's routine investment purchasing; (c) Monthly payments for payroll deductions (i.e., income tax, F.I.C.A., retire- ment, and fringe benefits), including both employer's and employee's share; (d) Monthly natural gas payments under trust for Kenai Utility Service Corporation (i.e., Marathon & Union); (e) Authorized debt; (f) Monthly contracted janitorial service; and (g) contracts for, or purchase of, supplies, materials, equipment, or contractual services for sums less than $1,000 which are authorized by the City Manager or his designated official. 2. Ail such exceptions will be paid when they fall due and payments will be ratified by Council at the next regular Council meeting. Ordinance 541-79, Page 2 Section 2: The introductory wording and subsection t of 7.15.050 of the 1979 Code are amended to read as follows: "7.15.050 Purchasing., When Competitive Bidding Not Required: The following may be purchased without giving an opportunity for competitive bidding: 1. Supplies, materials, equipment or contractual services whose cost does not exceed $3,500 in a single transaction." Section 3: The introductory wording and subsection (1) 7.15.080 of the 1979 Code are amended to read as follows: "7.15.080 Telephone Polls-Authority,. Procedure, Recordation: Authority: The City Manager may obtain authorization from Council by telephone poll to (1) purchase budgeted supplies, materials or services in excess of $1,000 if the need is critical in his estimation, and" Section 4: 7.25.050 of the 1979 Code is amended to read as follows: "7.25.050 Review of Disbursement: All disbursements by the City in excess of $1,000, with the exception of payroll checks, shall be reviewed by the Council." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. VINCENT 0' ~EILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 5, 1979 Second Reading: December 19, 1979 Effective Date-. CITY OF KENAI ORDINANCE NO. 541-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING CERTAIN SECTIONS OF TITLE 7 OF THE 1979 KENAI CODE TO RAISE THE MONETARY LIMITS ON PURCHASES WITHOUT COUNCIL APPROVAL, REQUIRING AUTHORIZATION BY TELEPHONE POLL IN EMERGENCIES, AND FOR REQUIREMENT OF COMPETITIVE BIDDING. WHEREAS, the effects of inflation and steadily rising costs have made unrealistic the monetary limits set on contracting for, or purchasing of, supplies, materials, equipment, or contractual services by the City Manager without prior approval by Council, for purchasing without competitive bidding, when telephone poll may be made by the City Manager to obtain authorization from Council for purchasing budgeted supplies, materials, or services if the need is critical in his estimation, and when disbursements require review by the Council, and WHEREAS, it is the intent of Council to raise these limits to more realistic levels, NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: 7.15.030 of the 1979 Code is amended to read as follows: "7.15.030 When Prior Approval by Council is Required: 1. Every contract for or purchase of supplies, materials, equipment or contractual services shall require the prior approval of the Council. The only exceptions will be: (a) Utility bills (electricity, gas, fuel and telephone); (b) City's routine investment purchasing; (c) Monthly payments for payroll deductions (i.e., income tax, F.I.C.A., retirement, and fringe benefits), including both employer's and employee's share; (d) Monthly natural gas payments under trust for Kenai Utility Service Corporation (i.e., Marathon & Union); (e) Authorized debt; [AND] (f) Monthly contracted janitorial service[.]; and (g) contracts for, or purchase of, supplies, materials, equipment, or contractual services for su~s less than $1,000 which are authorized by the cityMana~er or his designated offlcia]. 2. All such exceptions will be paid when they fall due and payments will be ratified by Council at the next regular Council meeting. Ordinance 541-79, Page 2 [3. ONLY THE CITY MANAGER OR HIS DESIGNATED OFFICIAL MAY AUTHORIZE CONTRACTS FOR, OR PURCHASE OF, SUPPLIES, MATERIALS, EQUIPMENT OR CONTRACTUAL SERVICES FOR SUMS LESS THAN $500.]" Section 2: The introductory wording and subsection 1 of 7.15.050 of the 1979 Code are amended to read as follows: "7.15.050 Purchasing,.When Competitive Bidding ~ot Required: The following may be purchased without giving an opportunity for competitive bidding: 1. Supplies, materials, equipment or contractual services whose cost does not exceed $3,500 [$2,500] in a single transaction." Section 3: The introductory wording and subsection (1) 7.15.080 of the 1979 Code are amended to read as follows: "7.15.080 Telephone Polls-Authority, Procedure, Recordation: Authority: The City Manager may obtain authorization from Council by telephone poll to (1) purchase budgeted supplies, materials or services in excess of $1,000 [$500] if the need is critical in his estimation, and" Section 4: 7.25.050 of the 1979 Code is amended to read as follows: "7.25.050 Review of Disbursement: Ail disbursements by the City in excess of $1,000 [$500], with the exception of payroll checks, shall be reviewed by the Council." PASSED BY THE COUNCIL-OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk First Reading: December 5, 1979 Second Reading: December 19, 1979 Effective Date: December 19, 1979 CITY OF KENAI ORDINANCE NO. 542-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 4, UNIFORM BUILDING CODE OF THE 1979 KENAI CODE TO ADOPT THE 1979 EDITION OF THE UNIFORM BUILDING CODE. WHEREAS, the City of Kenai presently has a Uniform Building Code codified in Title 4 of the 1979 Kenai Code, and WHEREAS, it is desirable to update the Code by adopting the 1979 Edition of the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Sign Code, Uniform Mechanical Code, and the Uniform Plumbing Code, and WHEREAS, the National Electrical Code, 1978 Edition, has not been updated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Section 4.05.010 to and including 4.25.060 of the 1979 Kenai Code are hereby repealed. Section 2: Section 4.05.010 to and including 4.25.060 of the 1979 Kenai Code are hereby replaced by the enclosed pages 4-1 through and including 4-5. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk First Reading: December 5, 1979 Second Reading: December 19, 1979 Effective Date: January 19, 1979 Title 4 UNIFORM BUILDING CODE Chapters: 4.05 4.10 Uniform Building Code Uniform Code for Abatement of p~ngerous Buildings Adopted 4.15 4.20 4.25 4.30 Uniform Sign Code Adopted Uniform Mechanical Code Adopted ~niform plumb~ Code Adopted.- National Electrical Code Adopted Trailer Placement; Definitions 4.40 Board of Appeals 4.05.010 UNIFORM BUILDING CODE: There is hereby adopted for the purpose of establishing rules and regu- lations for the construction, alteration, removal, demo- lition, equipment, use and occupancy, location and main- tenance of buildings and structures, including permits and penalties, that certain bound volume known as the "Uniform Building Code," 1979 Edition, of the International Confer- ence of Building Officials, including the appendices, except for such portions as are herein deleted, modified or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (KC 4-1; Ords 97-66, 162-69, 269-75, 395-78, 542-79) 4.05.020 Building Official: The Building Official of this City shall have the powers, duties and functions prescribed for the "Building Official" by the Uniform Building Code, adopted by Section 4.05.010 provided that the said powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. The City Administrator shall be ex officio building official unless he appoints another person to be Building Official. The authorized representatives of the Building Official referred to above, when and if appointed, shall be appointed by the City Administrator. (KC 4-3; Ords 97-66, 162-69, 269-75, 395-78, 542-79) 4.05.030 Permit Fees: The first paragraph of Sec. 304(a) of the Building Code adopted by this chapter is amended to read as follows: "Sec. 304(a) Building Permit Fees. A fee for each building permit shall be paid to the Building Official as set forth in Table No. 3-A, except that fees shall be charged for new construction of Group R-3 and Group M-1 occupancies, or portions thereof as follows: 4-1 (1) Group R-3 $0.09 per square foot of foundation area. (2) Group M-1 ............. $0.04 per square foot of foundation area." (KC 4-5; Ords 97-66, 162-69, 269-75, 395-78, 542-79) 4.05.040 Exit Facilities: Ords 395-78, Repealed 542- 79) '- 4.05.050 Snow Load: Sec. 2305(d) of the Building Code adopted by this chapter is amended by deleting the last sen- tence in paragraph 2 and substituting the following: "The basic design snow load shall be 40 pounds per square foot on the horizontal projection of the roof." (Ords 97-66, 162-69, 269-75, 395-78, 542-79) 4.05.060 Wind Pressure: Sec. 2311(a) of the Building Code adopted by this chapter is amended by deleting the second sentence and substituting the following: "Wind pressure shall be computed from Column 25 in Table 23-F." (Ords 162-69, 269-75, 395-78, 542-79) 4.05.070 Foundation Ventilation: 269-75, 395-78, Repealed 542-79) (Ords 97-66, 162-69, 4.05.080 Exits: 542-79) (Ords 97-66, 269-75, 395-78, Repealed 4.05.090 Energy Conservation in New Buildin~ Construction: Chapter 53 of the Building Code adopted by this chapter is amended by adding sections 5302 and 5303 which shall read: "Sec. 5302 Vapor Barrier: A vapor barrier of 4 mil polyethylene or equal shall be applied to the warm side of insulated areas." "Sec. 5303 Alternate Standard: Complying with ASHRAE standard 90-75 will be considered as complying with this chapter." (Ord 542-79) 4.05.100 Special Hazards-Section 608: Section 608 of the Uniform Building Code as adopted by this chapter is amended by deleting the exception. (Ord 542-79) 4.05.110 Special Hazards-Section 708: Section 708 of the Uniform Building Code as adopted by this chapter is amended by deleting the exception and substituting the following: "Exception: Buildings not more than one story in height of Group B Division 2 occupancy with an occupant load of less than 30." (Ord 542-79) 4-2 4.05.130 Special Hazards-Section 808: Section 808 of the Uniform Building Code as adopted by this chapter is amended by deleting the exception. (Ord 542-79) 4.05.130 Special Hazards-Section 1008: Section 1008 of the Uniform Building Code as adopted by this chapter is amended by deleting the exception. (Ord 542-79) 4.10.010 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS ADOPTED: There is hereby adopted for the purpose of establishing rules and regulations for the abatement of dilapidated, defective buildings which endanger life, health, property and public safety, that certain code known as the "Uniform Code for the Abatement of Dangerous Buildings," 1979 Edition, of the International Conference of Building Officials, except for such portions as are hereinafter deleted, modified or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords 45-63, 269-75, 395-78, 542-79) 4.10.020 Building Official: The Building Official of this City shall have the powers~ duties and functions pre- scribed for the "Building Official" by the UnifomCode for the Abatement of Dangerous Buildings, adopted by Section 4.10.010.provided that the said powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (0rds 269- 75, 395-78, 542-79} 4.15.010 UNIFORM SIGN CODE ADOPTED: There is hereby adopted for the purpose of establishing rules and regulations to promote thc dcvolopment of better sign construction and to provide minimum standards to safeguard life, health, property and public welfare, by regulating structural re- quirements for all signs and sign structures located outside of buildings, that certain code known as the "Uniform Sign Code," 1979 Edition, of the International Conference of Building Officials, except for such portions as are herein- after deleted, modified or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords 269-75, 395-78, 542-79) 4.15.020 Building Official: The Building Official of this City shall have the powers, duties and functions prescribed for the "Building Official" by the Unifor~ Sign Code adopted by Section 4.15.010 provided that the powers, duties and functions may be performed by authorized repre- sentatives of the Building Official and under his supervi- sion and control. (Ords 269-75, 395-78, 542-79) 4-3 4.15.030 Fees: Sec. 304 of the Sign Code adopted by this chapter is amended to read as follows: "Permit fees shall be computed according to the valuation of construction and erection of each sign in accordance with Table No. 3-A of the Uniform Building Code, adopted by Chapter 5." (Ords 269-75, 395-78, 542-79) 4.20.010 UNIFORM MECHANICAL CODE ADOPTED: There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of heating, ventilating, cooling and refrigeration systems, that certain code known as the "Uniform Mechanical Code," 1979 edition, of the International Conference of Building Officials, including the appendices, except for such portions as are hereafter deleted, modified or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79) 4.20.020 Building Official: The Building Official of this City shall have the powers, duties and functions prescribed for the "Building Official" by the Uniform Mechanical Code adopted by Section 4.20.010, provided that the powers, duties and functions may be performed by author- ized representatives of the Building Official and ~nder his supervision and control. (Ords 64-64, 269-75, 395-78, 542- 79) 4.20.030 Fees: Sec. 304 of the Mechanical Code adopted by this chapter--~amended to add the following: "If a building permit is issued, these fees shall be considered as paid asa part of such permit fee. If no such building permit is issued, then the fee schedule set forth herein shall apply." (Ords 64-64, 150-68, 269-75, 395-78, 542-79) 4.25.010 UNIFORM PLUMBING CODE ADOPTED: There is hereby adopted for the purpose of establishing rules and regulations for the qualification of persons engaged in the business of plumbing and the installation, alteration or repair of plumbing systems, that certain bound volume known as the "Uniform Pl=mbing Code," 1979 Edition, of the Inter- national Association of Plumbing and Mechanical Officials, including the appendices, except for such portions as are hereinafter deleted, modified or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79) 4-4 4.25.020 Fees: Sec. 20.7 of the Plumbing Code adopted by this chapter is amended to add the following: "If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule set forth herein shall apply." (Ords 64-64, 269-75; 395-78, 542-79) 4.25.030 'Minimum.Standards: Sec. 201(c) of the Plumbing Code adopted by this chapter is amended to add the following: "ABS and PVC pipe, commonly referred to as "plastic pipe," shall be used only above the basement floor." (Ords 64-64, 269-75, 395-78, 542-79) 4.25.040 Plumbing Material Standards: Table A of Chapter 2 of th~' Plumbing C6de, adoPted 'by this chapter, is amended by deleting therefrom the following: "Homogenous bituminized fiber drain and sewer pipe." "Polyethylene building supply (water service lines) (installation)." (Ords 64-64, 269-75, 395- 78, 542-79) 4.25.050 Sewer Required: Sec. 303(b) of the Plumbing Code adopted by this chapter is amended by adding the following: "Besides meeting the requirements of this Code, such private sewage disposal system shall comply with 18 AAC 72.020 and 18 AAC 72.100." (Ords 269-75, 395-78, 542- 79) 4.25.060 Vent Termination: (Ords 269-75, 395-78, Repealed 542-79) 4.25.070 Protection of Piping Materials and Structures: Sec. 315 of the Plumbing Code adopted by this'chapter is amended to add the following: "(g) Water service pipe shall have the thaw wire con- nected at the water main, and brought to the surface at the curb stop or other convenient location. Such wire shall not be smaller than 2/0 AWG." (Ords 269-75, 395- 78, 542-79) 4.25.080 Air Chambers: Repealed 542-79) (Ords 126-67, 269-75, 395-78, 4-5 4.30.010 NATIONAL ELECTRICAL CODE ADOPTED: There is hereby adopted for the purpose of establishing standards governing the installation of electrical conductors, fittings, devices and fixtures, hereinafter referred to as "electrical equipment," within or on public and private buildings and premises, that certain code known as the "National Electri- cal Code," 1978 edition, except for such portions as are hereinafter deleted, modified or amended; and the same is hereby adopted.and incorporated as fully as if set out verbatim herein. (Ords 269-75, 395-78) 4.30.020 Wiring Requirements: No electric wiring for light, heat or power shall be installed hereafter in a building or a structure, or on any premises, nor shall an alteration or extension of an existing electric wiring system be made, except in conformity with the provisions of this chapter and the provisions of the National Electrical Code. Ail electric wiring and other electrical installations shall be performed by experienced and capable electricians. (Ords 269-75, 395-78) 4.30.030 Electrical Permit Required: No person, firm or corporation shall commence the installation, alteration, extension or repair of any electric wiring system, without first obtaining a permit for the work from the Building Official. Applications for permits shall state the intent and scope of the work to be performed, the type of building and purpose for which it is to be used. (Ords 269-75, 395-78) 4.30.040 Inspections: The Building Official shall, during the inst~la~ion of an electric wiring system, make the necessary inspections to assure compliance with this chapter. No work in connection with an electric wiring system shall be covered or concealed until it has been inspected and approved by the Building Official. The Building Official may order work to be stopped at any time, should it be determined that it is not being carried out in accordance with the provisions of this chapter or is a menance to the safety and welfare of the public. It is unlawful for any person, firm or corporation to proceed with such work after a stop-order has been issued unless the restriction is lifted and authorization to proceed has been given by the Building Official. (Ords 269- 75, 395-78) 4.30.050 Minimum Size of Conductors: The first sentence of Sec. 310-5 of the Electrical Code adopted by this chapter is amended to read as follows: 4-6 "~ether solid or stranded, conductors shall not be smaller than No. 12 copper or No. 6 aluminum or copper- clad aluminum." (Ords 269-75, 395-78) 4.30.060 Fees: Permit fees shall be considered paid as part of the building permit fee. If no such building permit is issued, then the fees shall be computed according to Table No. 3-A of the Uniform Building Code adopted by Chapter 5. (Ords 269-75, 395-78) 4.35.010 TRAILER PLACEMENT; DEFINITIONS: For the purpose of Chapter 35, the term "trailer" shall mean the same as "mobile home." The term "lean-to" shall mean an accessory structure attached and appurtenant to a trailer. (0rds 97-66, 269-75, 395-78) 4.35.020 Standards: Trailers placed or "set-up" for occupancy within the City of Kenai shall conform to the following: 1. Those standards prescribed by A.S. 45.30. 2. The foundation area upon which the trailer is placed shall be excavated to non-frost susceptible material or 42 inches from the adjacent surface, whichever is the lesser depth. Such excavation shall be backfilled with non- frost susceptible material to the same or higher elevation as the surrounding terrain. 3. Trailers shall be placed upon substantial blocking. "Substantial" in this context shall mean adequate to support the trailer and its contents and sustain the shocks or vibrations of occupancy in such fashion as to permit all doors or exits from the trailer to operate in accordance with their design. 4. The determination of adequate conformance to the standards specified herein shall be made by the Building Inspector. (Ords 45-63, 269-75, 395-78) 4.35.030 Lean-Tos: Structures designed as lean-tos shall conform to all applicable codes as adopted by the City of Kenai, except that lean-tos may be set on foundations as specified in Section 4.35.020 for trailer foundations. If any lean-to covers both exits from a trailer, then the lean-to shall have 2 exits remote from each other. (Ords 45-63, 269-75, 395-78) 4.35.040 Building Permits Applicable to Trailers and Leans-Tos: 1. A building Permit shali be obtained before trai~er placement and before starting construction of a lean-to. 2. The fees for a building permit for a trailer shall be computed at the rate of 4 cents per square foot. 4-7 IIIII-i' 3. The fees for a building permit for a lean-to shall be computed at the rate of 4 cents per square foot. 4. If work on placement of a trailer or construction of a lean-to commenced before obtaining a building permit, the fees specified herein shall be doubled. The penalty fee shall not relieve the owner from complying with any other requirements of this chapter. (Ords 45-63, 269-75, 395-78) 4.35.050 Application of Trailer Regulations: The provisions of this chapter shall apply to trailers set up on individual lots and to trailers moved from one location to another within the City. Any improvements to existing trailers or lean-tos shall comply with this chapter. (Ords 45-63, 269-75, 395-78) 4.40.010 BOARD OF APPEALS: The City Council shall sit as a Board of Appeals in order to provide for final inter- pretation of the provisions of this title and to hear appeals provided for hereunder. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. (Ords 269-75, 395-78) 4.40.020 penalty: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted; and upon conviction of any such violation, such person shall be subject to punishment by a fine of not more than $100. (Ords 269-75, 395-78) 4.40.030 Cgnflictin~ Provisions: If any provisions of the Uniform Codes hereby adopted by reference conflict with any other provisions not so adopted contained in this title, then those provisions not so adopted by reference will prevail. (Ords 269-75, 395-78) 4-8 KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 1979 KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Phil Abet, Ed Ambarian, Betty Gliek, Ron Malston, Ray Measles, Vinee O'Reilly, Mike Seaman None Absent: AGENDA APPROVAL Mayor O'Reflly noted that ordinances 533, 534,535, and 537 had been signed in error, before final passage. Mayor O'Reilly also noted that G-17, Schematic Design of City Hall, Carmen Gintoli, was in error, Council was approving funds for architectural drawings. Mayor O'Reilly asked all present to stand for one minute in recognition of concern for the hostages in Iran. B. PUBLIC HEARINGS B-l: Ordinance 533~79, increase in revenues, Federal Revenue Sharing in the amount of $306,750. MOTION: Councilman Malston moved, seconded by Councilman Seaman to aporove the ordinance. There was no publie comment. Motion passed by roll call vote. B-2 Ordinance 534~?9, increase in revenues, shop addition capital project fund in the amount of $47,298. MOTION: C. ouneilwoman Gltck moved, seconded by Councilman Seaman to approve the ordinance. There was no public comment. KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 2 Motion passed by roll call vote. B-3: Ordinance 535-79, increase in revenues, anti-recession assistance fund in the amount of $5,000. MOTION: Councilman Malston moved, seconded by Councilwoman Glick to approve the ordinance. There was no public comment. Motion passed by roll call vote. B-4: Ordinance 536-79, amending 1979 Code, establishing Kenai Community Library. MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek to approve the ordinance. There was no public comment. Motion passed by roll call vote. B-5: Ordinance 537-79, codifying 1979 Code, personnel ordinance of the City as Title 23. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to table this till next meeting. A committee consisting of Councilman Ambarian, Councilman ~ialston and Councilman Seaman will review the Code. Acting City Manager Brown stated he will make more changes. Councilman Ambarian asked if the committee will meet with Mr. Brown, Mr. Brown replied yes. C. PERSONS PRESENT SCHEDULED TO BE HEARD: None KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 3 D. MINUTES Mechanical corrections were suggested by Councilwoman Glick for the minutes of No~embe. r 7, 1979. Minutes were approved as corrected. Minutes for the meeting of November 15, 1979 were approved as distributed. P-. CORRESPONDENCE Mayor O'Reilly reviewed a letter from the Alaska Dept. of Natural Resources regarding conveyance of land areas to Cook Inlet Region, Inc. Administration was directed to send a letter of non-objection to the State. (3. NEW BUSINESS G-I: Bills to be paid - Bills to be ratified. MOTION: Councilwoman Glick moved, seconded by Councilman Malston to approve Bills as submitted in the Council packet. Motion passed by roll call vote. G-2: Requisitions exceeding $500. MOTION: Councilman Malston moved, seconded by Councilman Seaman to approve requisitions as submitted in the Council packet. Mr. Brown explain, ed the Cordova Const. bill was a change in vendor. Motion passed by roll call vote. G-3: Ordinance 538-79, increase in revenues, .~tate Jail Contract Fund - $10,000. MOTION: Councilman Malston moved, seconded by Councilwoman Glick to introduce the ordinance. KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 4 Motion passed by roll call vote. G-4: Ordinance 539-79, increase in revenues, State Library Grant, in the amount of $750. MOTION: Councilman Malston moved, seconded by Councilwoman Glick to intro- duce the ordinance. Motion passed by roi1 call vote. G-5: Ordinance 540-79, establishing capital project fund "Frontage Road" in the amount of $1B,000. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick to intro- duce the ordinance. Mayor OtReiily asked if this was the road parallel to Sourr Rd. Council- man Ambarian replied yes. Motion passed by roll call vote. G-S: Resolution 79-152, transfer of funds, water and sewer services advertising in the amount of $350. MOTION: Councilwoman Glick moved, seconded by Councilman Malston to the resolution. Motion passed by roll call vote. a.~.orove G-7: in the amount of $2,500. · MOTION: G-8: Resolution 79-153, water & sewer special revenue fund, repair and maintenance, Councilman Seaman moved, seconded by Councilman Measles to aonrove the resolut ion. Motion passed by roll call vote. Resolution 79-154, transfer of funds, general fund, legal fees, in the KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 5 amount of $4,000. MOTION: Councilman Seaman moved, seconded by Councilman 9lalston to approve the resolution. Motion passed by roll call vote. G-9: Resolution 79-155, acceptance of Comprehensive Annual Financial Report for FY 1979-80. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman to approve the resolution. Mayor OtReilly noted this was a great piece of work, and extended his eompilments and those of the Council to Finance Director Charles Brown. Motion passed by roll call vote. G-10: Resolution 79-156, transfer of funds, animal shelter utilities, in the amount of $200. MOTION: Councilman Malston moved, seconded by Councilman Seaman to approve the resolution. Motion passed by roll call vote. G-Il: Resolution 79-157, transfer of funds, annual Christmas party, in the amount of $2,000. MOTION: Councilman Ambarian moved, seconded by Councilman Measles to approve the resolution. Motion passed by roll call vote. G-12: Resolution 79-158, transfer of funds, submission of City's Financial F' KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 6 G-15: G -16: Statement to the Municipal Finance Officers Association in the amount of $1s0. MOTION: Councilman Seaman moved, seconded by Councilman Measles to approve the resolution. Motion passed by roll call vote. G-13: Resolution 79-159, purchase of a snowblower in the amount of $32,800, .from Federal Revenue Sharing Funds. MOTION: Councilman Seaman moved, seconded by Councilman Malston to approve the resolution. Mayor O'Reilly stated that this was a used snowblower. Motion passed by roll call vote. G-14: Lease amendment, Andy's Flying Service. Acting City Manager Charles Brown explained this was at the direction of Council. MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek to approve the lease. Motion passed by roll call vote. Discussion of house number layout as prepared by Glacier State Telephone. Mayor O'Reilly suggested that this be held, because the Public Works Department did not have a representative. The Council concurred. Aoproval of audit proposal - Coopers & Lybrand. Finance Director Charles Brown explained there were two proposals: KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 7 I. Audit airport terminal fund 2. Federal Revenue Sharing & Anti-recession In previous years we hame just sent our regular audit, but we can*t do that any more. The motion for approval was divided into 2 parts. MOTION: Councilwoman Glick moved, seconded by Councilman ~alston, to approve the airport terminal audit. Motion passed by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian to approve the Revenue Sharing & Anti-recession audit. Motion passed by roll call vote. G-17: Approval of funds for architectural drawings, Carmen Gintoli. Carmen Ointoli explained his proposal. This was an idea of space required, He would need a budget figure from the Council to complete it. The attorne~ needs more space, There is access needed between the City Managerts office and the Couneil Chambers, and he plans to reverse the building official and the Public Works Directorts office. It is an open concept, access to anyone coming in. What the plan does is show what the City needs, there is room for expansion. The Council chambers have sliding doors, and a permanent set-up for executive sessions. He computed $80 per sq. ft. for construction. Mr. Brown said the Health Center can be bond money, he will cheek with Atty. Delahay. He also said we have $337,000 bond money and $400,000 in the reserve general fund. Mr. Gintoli said he could start at break-up. Councilman Ambarian asked Mr. Brown if we still have working capital. Mx'. Brown replied yes. Councilman Ambarian asked Mr. Gtntoli for an estimate of site development, road and water & oocwcr..~.~r. Gintoli replied road estimates are unknown. There is some parking available to use. We would have to add 30% ff we have to have all new parking. Councilman Ambarian asked if we are leasing or purchasing the land. Mayer O*Reilly replied/le didn't know. Mayor O'Reilly asked if there was any estimate on furnishings. Councilman Ambarian replied $30,000 to $40,000. Council- man Abet confirmed this did not include carpets, etc. ~r. Gintoli explained we will be using what we have whenever possible. The C~uneil Chambers need some seats, he would advise against fixed seating. Councilman Ambarian asked if there was matching funds for the Health Center. l~r. Gintoli explained KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 8 his understanding ~vas: 1000 sq. ft. times cost per sq. fl. of the building gives us the total money to withdraw from Civic Center and apply cost of City Hall. Councilwoman Gliek asked if we are still providing the H~.slth Center. Mr. Gintoli replied yes, at last discussion. Councilwoman Glick stated she understood the State Dept. of Revenue was moving out of Kenai. Mr. Brown said the City was not opposed to the State taking over but not to their moving out of Kenai. The latest report is Jan. 1, 1980 that the State will take over, he hasn't heard any confirmation. Councilwoman Gliek said we should confirm this as soon as possible, we need definite plans. Mr. Brown said he will check on .~onday. ~r. Gintolt noted that Dept. of Revenue is downstairs, if is not used, it will be storage. But we should know from the State. Mayor O'Reilly asked .~ir. Gtntoli if he basically needed a dollar flffure, Mr. Gintoli replied yes. Councilman Ambarian said he figures $950,000 with site development, t)arking, etc., and sut~gested we should lease the land from the City. Councilwoman Glick eoneurred, and suggested a 55 year lease. Councilman Abet asked if we had planned a dead storage area. Mr. Brown said he wasn't sure ff we needed a walk-in vault..~,~r. Gintoli said a concrete wall with a steel door for 2-3 hours fire proofing was sufficient. Councilman Abet noted we should have a storage area for special papers and microfilm ff we start using it. Councilman Ambarisn said the mechanics need access to the back. Mr. Gintoli noted this had already been considered. Councilwoman Gliek asked if public comment sessions are in his plans. Mr. Gintoli replied his contract will have development plans to submit to Council meetings. He has already been contacted regarding air circulation. Council- man Malston asked if there were windows..Mr. Gintoli showed him those planned in the Council Chambers, Manager's office, Clerk's office, Attorney's office and the Health Center. Councilman Ambarian asked if the schematics will be reviewed by the Public Works Committee, }.Ir. Gintoli replied yes. A meetinR', was set for the following Thursday. Mayor O'Reflly asked if the $750,000 was for the building. Councilman Ambarian replied it w~uld be easier if the figure included everything..$750,000 was for the building, $200,000 was for site develo0ment. ~r. Gtntoli noted the contraet will go out to one contractor. Councilman Ambarian asked if was on contingency. Mr. Gintoli replied yes, he will .l~ive costs as they l~o along. Councilman Ambarian said $950,000 was the maximum, the plan will include alternates KENAI CITY COUNCIL NOVEMBIiR 21, lg?9 Page 9 if it goes higher. Mr. Gintoli said that will be determined as we p;,o alonF,. Mayor O'Reilly asked if Federal Energy Saving grants were involved. Mr. Glntoli replied $50,000 qn alternate energy forms was available through the U.S. Dept. of Energy. Councilman Abet asked about the State Appropriate Technology Program. Mr. Gintoli replied he has been trying to get information on that, they do have a loan program. Mayor O'Reilly said there is alot of money available, we should be checking into this. Mr. Gintoli noted that with solar energy for water, funds were available. Atty. Delahay discussed some housekeeping changes in the contract. MOTIO.~I: Councilman Ambarian moved, seconded by Councilwoman Gliek , that the agreement between the City of Kenai and Gintoli Architectural construction costs are not to exceed $9 $0,000, to include contingency. Discussion: CounciLman Abet said he was not in favor of weeky inspections, we will need d~tly inspections. Atty. Delahay agreed, the owner usually furnishes the inspector, the architect should furnish the inspector. But the proposal was set up this way by the architect and agreed by the City. Councilman Abet felt that once a week by the architect or anyone else was not sufficient. Mr. Gintoli said a full-tinge inspector is $15.00 an hour, for a total of $15,000 plus. The Council can increase the cost as it goes along, at their option, it is in the contract. Councilman Ambarian asked how long the tests would take, one hour or all day. Some weeks it will take more time. Mr. Gintoli replied he would attend the special meetings and weekly inspections per the proposal. Some times he will need more time than others, it is up to the Council. Mayor O'Reflly noted that for a job of this size, it would need an inspector. He asked Atty. Delahay if the Council could call on Mr. Gintoli if needed for inspection. Atty. Del- ahay refered to the contract, and asked Mr. Gtntoli how much a full-time inspector cost. Mr. Gintoli replied $20.00 an bout', plus $20.00 an hour for drafting, and $10.00 for secreta~,. Councilman Ambarian said he would disapprove the contract as written, he a~reed with Phil Abet. Atty. Delahay said the City could set the hours to inspect, when extra inspections were needed. MOTION: Amendment to main motion. KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 10 Mayor OtRetlly proposed an amendment to page 1 of the a~reement, Part II-B, For Employees' time at: Project Inspector ....... $20.00 per hour. Amendment to main motion passed by roll cai1 vote. Mr. Brown asked if the total construction costs are listed. }~r. Gintoli refered to the contract. Councilman Aber asked for clarification of page 7 of the agreement. Do we furnish soils personnel for testing. Mr. Gintoli replied the contract documents would specify, and refered to Atty. Delahay. Mr. Delahay said it was removed from the architect. Councilman Abet asked why, the City will have to furnish firms for testing. Mr. Delahay explained it usually ~oes to a lab, the City will contract, lle dontt do, just pay for. The architect will demand the test, the City will pay for it. Councilman Abet said he understands, but it is not working that way. Mr. Gintoli explained that in the contract, the contractor will be responsible. Any special testing, the City will pay. Determinations can only be made at the time. Atty. Delahay said if an architeet has to oversee tests, their fee will rise to cover the contingency. Councilman Abet said that con- tractors have been hurt by testings not done correctly. Atty. Delahay noted that wetre paying so the architect will be encouraged to insist on tests. Mr. Gintoli reiterated that the contracts will have standard testing, this is just for special testing. If the results are negative, the contractor pays, if positive, the City pays. MOTION: The main motion was voted upon. Motion passed with Councilman voting no. H-l: City Manager's Report There will be a meeting of the airport committee ~fonday evening. H-2: City Attorney's Report City withdrawal from Social Security. Atty. Delahay explained that the Police were separate from the other departments, and Atty. Schlereth had asked the State for an opinion. The State said no, it couldn't be done that way. If it does pass the vote, it cannot become effective until Dee. 31, 1981. He suggested the City Clerk bring the subject up for a vote at that time. KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 11 Councilman Ambarian said it has been delayed over six months now, and was brought up by Public Safety. By adding other employees, the motion has been slowed down. Atty. Delahay explained that by law is cannot be in effect before Dec. 31, 1981. Why make a decision now when it cannot be done till then, two calendar years after notice. Councilman Abet asked if everybody was on the option, Councilman Ambarian replied yes. Atty. Delahay said we are in a state of withdrawing, but it cannot be official until Dec. 31, 1981, and all eould change. Councilman Abet asked why wait to vote. Atty. Delahay explained tho Public Safety wanted it. Couneilman Abet said Public Works voted yes, but the others in administration can vote yes or no. Arty. Delahay read the letter from the State that explained all departments would vote together. Councilman Abet noted that Public Safety is more than 50% of the total personnel, l~r. Brown said just barely, with the dispatchers. Councilman Abet said it is not fair to the older employees, it should be an option. Arty. Delahay explained the ero~)loyee would still have what he bought in, but it would be decreased. He felt the Court- cfi was spinning its wheels, we can't do anything till 1981. Councilman Ambarian said the original intent was for Public Safety only. Council intended to proteet the older employees. Atty. Sehlereth began the work. Couneilman Abet said everyone will forget in one and a half years. Councilman Arpbarian said we should pursue a State decision, other municipalities have done this. Mayor OtRetlly appointed Couneflmen Ambarian, Malston and Seaman to check into this. Atty. Delahay said he would check the social security law. Atty. Delahay then discussed Daddyts Money liquor license. They want to change the lease to a set amount instead of percentage, the proposal would mean more money. It is separate from the liquor license. Councilman Ambarian said the purpose of the City name on the license is: a. It is a City-owned facility b. Two tenant's ago, they tried to sell with our name on the license. The ABC Board have told lessees the 10% fee makes us part owners, this is wrong. Our name on the license protects our interest. The percentage of the gross was an incentive to lessees to increase business. $25, fi00 'is only one-half of the space, it could be increased, and the profits will increase. Couneflman Abet noted we get 10% whether our name is on the license or not. Councilman Ambarian said the liens against Eitel and Butter are holdin~ up the lease with the new owners, but they are not against the City. Atty. Delahay said the letter does not require Council action. Any control we can have over the license is to the City*s benefit. Mayor O'Retlly asked Atty. Delahay to check into the legality of the license. Councilman ~feasles asked of the City's liability in a lawsuit. Atty. Delahay answered we are responsible for the oder- ation if our name is on the license. Chief Ross exDlained, at Mayor O~Reillyts request, that the license cannot be transferred, it must be at the airport. Councilman Abet asked about liability. Chief Ross said we have insurance that states we have liability as a bar-owner, l~'e are on the license, the building KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 12 H-3: H-4: H-5: H-6: H-7: lease is too flir-fetehed for liability. Mayor O'Reilly discussed Cinderella St. The line is not a section line. The property was sold without a survey or right-of-way. Mr. Brown tried to contact the owners, but could not. The land lies under power lines, is brushed out. The City went ahead with the project. Mayor's Report None Clerk' s Report Councilman Ambarian explained his negative reply to the telephone poll, regarding the cutting edges for the grader. He felt it was bad management to wait for the snow. Finance Director's Report None Planning & Zoning Commission Councilwoman Gliek said at the meeting of November 14, the Comorehansive Plan was discussed with corrections and additons. Little comment was made. A zone change was made. The Conunission reviewed approval of Taxiway C and unanimously agreed that the Council should explore any way to enhance development as soon as possible. Mayor O'Reilly noted he would like to have the State's share of the funding as mentioned by Pat Ryan be accelerated. He has written him a letter. Council- woman Glick said the water study survey was discussed. The people who spoke felt industry should pay for water needed, this duscussion was well-represented. Mayor O'Reilly complimented Councilwoman Glick for chairing the committee. Councilwoman Glick said the Commission acknowledged receipt of the letter from the anti-annexattou committee. Kenai Peninsula Borough Assembly Councilman Ambarian said the Borough lands will not be considered for the land sale until the suit is settled. There is .~20,000 Federal Revenue sharing for the Kenai Peninsula Convention Center. KENAI CITY COUNCIL NOVEMBER 21, 1979 Page 13 H~rbor Commission Mayor OtReilly directed the administration to send a letter to Sea Catch. He would like to have consultants prepare a report on rivers, regarding the small boat harbor study. Councilman Ambarian noted the Borough Port & Harbor study will have a rewrite of Kenal River problem by the Dec. 10 meeting. He is concerned about a possible split between Harbor Commission efforts and the Borough effort. He is not against the Harbor Commission effort, but a cooperative effort would be better. Councilman Abet said $5,000 can't do much, he will get a copy of the old Dept. of Engineer's report. We cannot do anything about the river probler0s with $5,000. Councilman Ambarian said he would like to meet with Bob Peterkin and see. Mayor O'Reilly noted we should F. et with the State legislators long before the session Councilman Abet said the $600,000 available for development of harbors has been there a long time. Mayor O'Reilly asked Atty. Delahay if the rooney can be used for development. Atty. Delahay said he will check. Councilman Abet said this was researched before, we need a feasibility study first. Councilwoman Glick asked if this would include planning. Mayor OtReflly said Councilman Ambartan will meet with Mr. Bigelow and Bob Peterkin, we need a temporary plan. Councilman Abet said the govei;iiment would require a study. Couneilman Ambarian said Mr. Bigelow is rewriting the study. Mayor O'Reffiy discussed the Tract D, Roper proposal. He recommended it not be approved. Councilwoman Olick said Mr. Roper has a lease on Tracts BiC. He signed the rights over to Kenai Harbor Development, was this con- sumated? Mayor O'Reilly replied the Harbor Commission is trying to keep Traet D out of the Tracts B&C m'oblem. Mayor O'Reilly directed the administration to send a letter to the federal gov- ernment applying for Port of Entry status for Kenai. KENAI CITY 'COUNCIL NOVEMBER 21, 1979 Page 14 Mayor O'Reilly discussed the Tract A I)roposal and suggested adminis- tration get local firms to give cost estimates. Councilman Abet said he doesn't want to, but it would cost more money piecemeal. Councilman Ambarian asked that it be put on the next agenda so we can study it. Two Harbor Commission members recently went to Seward for a meeting, and there were some unused funds. They requested the Council to let them use the balance to go to Cordova for a meeting with harbor officials there. MOTION Councilman Malston moved, seconded by Councilman Seaman to have the Harbor Commission use the unused funds to ~o to Cordova. Motion passed by roll call vote. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Ruby Coyle: The Harbor Commission should be commended for the direction it is taking. We have been a first class City for 20 years, and nothing has been done for the ~'iver and harbor area. We should go full speed ahead to develop the r/vet, the Councils have not done their share. She also mentioned the Water Resources Hearing to be held }.'londay night. As we get indust~j,, we will need a water line. ~'e should push for this. There was no concern shown for Schedule A in the report, we should object. If they go above wells to give water to N. Kenai, the City will suffer, why not go to the Kenai River and forget Sahedule A. Councilman Abet noted that there is an ordinance that requires approval by the City to drill within the City. Mrs. Coyle suggested the City should research this ordinance to see ff we have rights to the water. Councilwoman Gliek said the meeting of Dec. $ will go into this, then the Borough Assemby acts. If there is much comment, there will be a second meeting. She asked Atty. Delahay to re- search this ordinance. Mayor O'Reilly said the letter from Glacier ,~tate will be discussed at the Thursday night meeting, and asked the Clerk to notify Mr. tlamoton of the meeting. ADJOURNMENT Meeting adjourned at 10:25 PM. Respectively Submitted, Janet Whelan, City Clerk KENAI CITY COUNCIL - REGULAR MEETrI~G DECEMBER 5, 1979 KENAI PUBLIC SAFETY BuILr)ING MAYOR VINCENT O'REILLY PIIESIDING PLEDGE, OF ALLEGIANCE A. ROLL CALL Present: Ed Ambarian, Betty Glick, Ron l~alston, Ray Measles, Vincent O'Reilly, Phil Abet Absent: Mike Seaman AGENDA APPROVAL Mayor O'Reilly explained revised a l~enda as distributed at meeting. B PUBLIC HEARINGS B-I Ordinance 537-79 - codifying 1979 code, personnel ordinance of the City Code as Title 23. Acting City Manager Brown requested a postponement until the meeting of December 19, 1979. MOTION: Councilman Malston moved, seconded by Couneflm~n Measles, to post- pone the public hearing until the December 19, 1979 meeting. There was no public comment. Motion passed by roll call vote. B-2 Ordinance 538-79 - increase in revenues, State Jail Contract Fund Budget in the amount of $10,000 I~OTION: Counefln,~n l~falston moved, seconded by Councilwoman Glick to approve the ordinance. There wis no public comment. Motion passed by roll call vote. KENAI CITY COUNCIL - REGULAR ME, ETING December 5, 1979 Page 2 B-3 Ordinance 539-79 - increase in revenues, General Fund Budget, Library Grant, $750 MOTION: Councilwom~n Olick moved, seconded by Councilman Malston, to approve the ordinance. There was no public comment. Motion passed by roll call vote. B-4 Ordinance 540-79 - Establishing capital project fund "Frontage Road", $18,000 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the ordinance. There was no public comment. Motion passed by roll call vote. B-$ Ordinance $$1-79 - Airport leasing Attorney Delahay requested postponement until meetinlz of Jsnuary 16, 1980. MOTION: Councilwoman Olick moved, seconded by Couneilmsn Mslston, to post- postpone the public hearing until the January 18, 1980 meeting. There waste public comment. Motion passed by roll call vote. C PIiRSONS PKESBNT SCHEDULED TO BE HEARD C-I Loren Lehman, CH2M Hill spoke. He has been here before, but was always asking. This time he will give. Councihvoman Glick was asked to open the package, it w~s a skyview of the airport area. The glass was cracked, but Mr. Lehman requested we have it fixed and submit the bill to him. C-2 Mayor OtRetlly'remtnded the Council of the meeting ~vith Carmen Gintoli scheduled for l~ednesday, December 12, 1979. KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page 3 Carmen Gintoli, architect, spoke. He described the new City Hall. The site is between Public Safety building and the library. The position is to take advantage of the solar heat available. There are 49 parking spaces, 44 are required, parking for employees should be designated in back, for their parking only. It is an open concept. The Council Chambers will seat 78 people. There are handicapped toilets, Council suggested separate toilets for the public. It is a steel structure, the exterior will be cement or asbestos panel. It is maintenance-free. It is somewhat contemporary to blend with the other two buildings, and is designed for a second floor in the future. He will have cost calculations to ~ive Council for the extra cost of the second floor. We can also expand to the sides and the rear. Mayor O*Reilly stated that since there will be a meettnF, on Wednesday, we will make it short. He asked for comment from the public. Ruby Coyle said, full speed ahead on the oroject. C-3 Mrs. Settle spoke on the Civic Center. She said HB-185, a [,rant for cultural activities, is 85% for cities with a population of 5,000. We are eligible. The Committee is starting work, and hope to be ready by December 19, 1979. Th~would like to get the proposal to Juneau by Januar~ 1980. They are proposing a 25,000 sq. ft. convention center, to serve performing and visual arts, museum and have oarking. It must be backed by the Council, they hope the comn~unity will be part of it. She knows oil2 groups that could use it, and at least 100 organ- izations that could use it. Mayor O'Reflly asked if they were meeting with the legislators. Mrs. Settle replied yes, at the same time as the Chamber. Councflrn. an M~lston asked if she could meet with the Public Works Committee, at their Tuesday night meeting. She replied yes. Mayor O'Reflly said Mr. Gtntolt has volunteered to help. Mrs. Settle said she was glad to see the City Hall being built, Juneau had said it would be hard to put the City offices in the Convention Center. D MINUTES Minutes of special meeting of November 18, 1979. ~echanical corrections were suggested by Councilwoman Glick. Minutes were aporoved as corrected. D-2 Minutes of regular r~eeting of lqovember 21, 1979. At the request of Council- woman Glick, the minutes were tabled until the December 5, 1979 meeting for review a't that time. MOTION: Motion to table was approved by the Council by voice vote. E CORRESPONDENCE KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page 4 None F OLD BUSINESS None G NEW BUSHgESS GA1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Olick moved, seconded by Councilman Measles to approve the bills as submitted in the Council packet. Councilman ~alston asked Finance Director Brown why the tires purchased were on two different dates and from two different sources. Mr. Brown explained that he has always attempted to spread ourchases around to different vendors, when- ever possible. G-2 Requisitions exceeding $500. None G-3 Ordinance 541-79, Amending Title 7 of the Kenai .Municipal Code Attorney Delahay listed corrections to be made in final ordinance, allow- able dollar amounts were corrected. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to introduce the ordinance as corrected. Motion was approved by voice vote. G-4 Ordinance 542-79 - amending Title 4 of the Kenai ~,unicipal Code Attorney Delahay listed corrections to be made in final ordinance - "Uniform Building Code" will be added to the third parairraph. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to introduce the ordinance as corrected. Motion was approved as corrected by voice vote. G-5 Resoiation 79-161 - Approving & ndopting the Coml)~'ebensive Plan [ .... I1 December 5, 1979 Page 5 Mayor O'Reilly said Mr. Thorpe was not here, we will come back to it later. (I-6 Resolution 79-162 - Awarding bids for purchase of vehicles to Hutchings Chevrolet. Acting City Manager Brown explained why we didn't take low bid, because of exceptions. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to ~pprove the resolution. There was no public comment. Resolution was approved by voice vote. G-7 Resolution 79-163 - Transfer of funds, 79-80 General Fund Budget, Purchase of two new police vehicles. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion was approved by voice vote. Resolution 79-164 - Transfer of funds, 79-80 General Fund Budget, Water & Sewer Fund, to replenish communication accounts. MOTION: Councilwoman Glick moved, seconded by Councilman ~olston, to ppprove the resolution. There was no public comment. Motion was approved by voice vote. G-9 Resolution 79-165 - Transfer of funds, 79-80 (]enernl Fund Budget - recording tapes & office supplies, Harbor Con~r. ission, $200 KF. NA! CITY COUNCIL ~ R£GULAR MF.F.T~G December 5, 1979 Page 6 M~ION: Councilman Ambartan moved, seconded blt Councilwoman Gliek, to approve the re~olutiou, 'Phere was no public comment. Motion was approved by voice vote. O-10 l~solution 79o186 - Transfer of funds, ?9-80 Goner, al Fund Bud~ret - Tral~sportatton to Jun~atl for Attornc, y for }~lnicipal League, $1,500 o MOTION: Councilwoman Oli~k moved, seconded by Councilman ~/Ialston, to approve the re,elation o There was no public ~ornment. Motion wss approved by voice vote. G-12 FAA Funds proposal, postponed until Mro Feral could eome. G-Il Man~ement of airport land - City Attorney Ac, ting City Msna~le~ Brown said this request was brougt~t up at the Airport Committee meeting. Councilwoman ~liak ~atd if thc admin- istration is on top of the oltustion, we should lust aeknowledffe receipt o 0-13 Houoc numbes' layout prepared by Olaei~, 8tare. Public Works Director Kornolis said some time ago the phone e~mpany proposals were drawn with house numbers on them, but some subdivisions wore left out. They re-did them, but they want Council approval. Thay are following the ordinance, relsttng to this, but would still like Council approval. Councilman Malston, tolerated by ~uby Coyle, asked sonsid~ration be ~ivon to i~ten Mel~ane re~arding that. O--14 Tract A Proposal Mayor O~llollly mentioned the ltarbor Commission me~ttn~ D~c-n~bo~' 11, 1979 would be discussing thi~, and sugF. ested any further actions be deferred until tho De~embor 10, 19?O Council mo. ettnff. (~-15 Public Vohiole Commission - Disc~ussion & Action Mayor O*Eeilly explained that approval was not necessary by the Council, but for the protection of the Commissioners. the M~yor, and the Council, ho would like Council approval. Council approved the ~ppointments as followu: KENAI CITY COUNCIL - RE(]ULAR M£ETI.*4G December 5, 1979 Paf~e ? Jesse l~de, Chairman Tim Wieniewski Mary Thornton (]-I$ $11inee-Corthell - Frontage road improvements Phil Bryson referFed to Atty. Delahay's memo. Arty. Delahay said he wanted tho contract approved subject to approval by the City Manager. If it was accepted, the Council would rake it subject to contract form by Atty. Delahay. Atty. Delahay said $18,000 does not include inspect- ion, but projected costs would bring this up to $28,000. It is up to Council. Thc baste cost does not include inspection. Councilwoman Olick said Public Works Committee had a meeting and reviewed the draw- ings and maps with Phil B~yson. At that time they felt it was a good figure, it was $18,000. They would like to see the engineering done. The road is 'belay', they have had requests from landowners to repair. Mr. Dryson said it was requested as a design project. Couneflwonmn (]lick said the Public Works Committee would recommend approval. Councilman Malston said the property lines should be straightened out too. Councilman Ambarlan said he would like to see the plans when he votes on It o MOTION.* Councilwoman (]lick moved, seconded by Councilman ~.~alston, to accept the proposal. Motion passed, with Councilman Abex- vctini~, no. Resolution 79-161 - Approving & adopting the Comprehensive Plan Mr. Thorpe had arrived, so the Council retutmed to the resolution. G*$-a Resolution 79-161 MOTIONs Councilwoman (]lick moved, seconded by Councilman ~.~alston, to approve tho resolution. There was no public comment. Councilwoman (]lick noted we have had many public he,rings. There were some coxweetions to tile "police station" section pe~ request from Chief Ross, there axe 6 Jailers. There was also a zoninff, chanff, e for Leo Oberts, and addition of Attachment F.. The intent was for commercial under tho private sector. We need to make sm'e the zoning maps I~,NAI CITY COUNCIL - I~CiULAR ~,~J~F, TING December 5, 1970 Page Ii changed. Mayor O'Reilly suggested th~nks be exto. nd~.d to the Council members and the Planning g~ Zoning Committee for their work. Motion passed by roll ceil vote. Section 36, Development Plan l~r, Thorpe spoke. He explained he was presenting a working draft. He noted thoro is no procedure of purchaaiml in the City. ~o they have gone to each department to get their priorities. They have a list of' about 16 l~ad improvement projects, with no priority, lt~. is asking the Council to review<and ~et priorities, deletions, dollar amount, etc. Hc felt R.tg. Thorpe Assoc. could do this, but he thinks tho Council should, in absence of a City Manap,',er. The Council has ~lready in- dicated some matters of importance. ~.qayor O'Reilly asked him when he will rctufll. Mr. Thorpe replied he will need to inow the ~vaflable bonding. The next step is for Council to establish Oriorities, then they will firm up. They would like it tn2-3 weeks, l~oyor O'Reflly asked if we came back the 1st part of Jsnua.,'y, would that be okay? Mr. Thorpe replied yes. Mayor O'lleilly askoxl Cnuncilwol~an Olick if this was okay with the Planning & Zoning Comn~ittee. After sor, e disctission, the Council decided to have a work session January 3, 1979 at ?: 00 PM in tho Public Safety Bldg, City Clerk was requested to notify Council and Commissions of the meeting. - eop Thorpe reviewed thc methods of study. The m'ea is mostly residential. Len Ziekler, of E.WoThorpe spoke. He explained the report, reviewing easements, mineral rights, etc. lie said it involves $I1 acres of City-owned land, 100 acres of Borough land. The primary restraint is the bluff slough-off problem. Drainage is also a ~roblem. Mr. Thorpe said they wanted n vegetation buffer off Snuff and at access points. They want local engineer firm to keep costs of project down, to see if public funds are needed or Just private. M..~or O'1leilly asked if the Planning & Zoninl~, Commission could look et it tomorrow. 1~'. Thorpe replied yes. Mayor O'Reilly asked what kind of ffuidanee they wanted. Mr. Thor~e replied they Just wont to know if you feel it's workable, does it make sense? ~ayor O'Reilly stated if it's too detailed, it won't sell, and we'll be in t,'ouble. Mr. Thor~e al~'eed, tho. Borou~,h wanted ~ tailed layout, but he agrees that it shouldn't be that detailed yet. ~ayor O'lleilly reiterated it should be as ffeneral as oosaible. KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page 9 G-Ii Mw/or O'Reilly asked for public comment. Ruby Coyle said she thought we just for a section from the State for schools. Councilman Ambarian said the City has 310 seres, the Borough has the rest, that a patent is not a lease, l~.ayor O'Reilly further ex- plained of the 310 acres, $0% is.usable, the balance is for roads~ or 240 apres. He asked Mr. Thorpe the estimated value of this. Mr. Thorpe didn't know. Jerry Andrews said it depends on how the City handles it, $3,000 an aero is in the "ballpark." Mayor O'Reilly asked about the bluff property. Mr. Andrews said that was astronomical. Mayor O'Reilly asked ff there was $1.5 million worth of property. Mr. Andrews replied yes, with I0 acres of comr~ereisl. ~layor O'Reilly asked Mr. Thorpe when does it go to Planning & Zoning. l~r. Thorpe replied tomorrow. The Council decided with ~¢r. Bryson that it was a work session, Councilwoman Gltck emphasized they wiU get guidance, however. Councilman Malston said in past discussions he got the impression the land would be sold off in large parcels, l~ayor O'Reilly agreed, but until it is settled, we will be ~nf~kled and dimed" to death, Mr. Thorpe said ff we take a strong polic~ to make large lots, it can be an asset to the City. He encouraged the City to keep it in large lots, Ted Forsi arrived, so the Counoil returned to G-12, Request for proposal from finns to seek FAA funds. Mr. Forsi said we could get money to develop the apron from ff. overnment funds. He would like to work with the Acting City Msnager and the Air- port Operations Officer as a full-time lobby effort. ~ayor O'Reilly said we found Mr. Brown and Mr. Swalley are awsre of funds ($144,000, FAA money through the State). Rapport has been developed with the FAA. If the Council finds more time is needed, they would like to contact him in the future. Councilwoman Gliok said the FAA has a $60 million bud~ret, but will receive $25 million. The airport ramp extension is not our #1 priority. We have four other requests, the electric generator is one, the ramp extension is two. We have four I~'ants in, the Committee prioritized them. Councilman Abet replied the FAA p~;iol'itizes also. lie felt the airport ramp would be higher. Ultimately it the FAA's choice, not ours. We should take our best shot. Councilwoman Olick said tho airport ramp was 4th in submittal too. She concurs with the Mayor. Mr. Forsi stated the FAA does prioritize, and the ramp is a high priority. The fish- flying season will be here soon. Mayor O'Reflly said tho City received a letter saying there are no funds for an apron. Can this be reversed? Mr. Forsi replied he can't guarantee, but we should try. Councfln~an Abet said the FAA is very aware of the problem, they were here last summer. We KENAI CITY COUNCIL - REGULAR ~/fEETING De~ember 5, 1979 Page 10 are in competition with air carriers like Anchorage, Juneau, etc. The money is there for us, but does not have to cowe here. Mr. Forsi said "' we are competing with large amounts in small towns. We have a major airport in a developing area, instead of a village area. We can compete. Councilman Abet noted that it is well worth spending the money, pursu~ ing grants and talking to the riffht people does pay off. Councilwoman Gltck said she is also concerned with the airport, if we want a lobbying effort, we should go o~t for more proposals. Councilman Abet asked if we kept out a contract tonight because it was without bids. l~r. Brown ~xplalned that administration was directed to do that. Councilman Am- barian asked Mr. Forsi if he had a proposal in mind. Mr. Forsi replied no more than $I, 000, then he will come back to Council, if more is needed. During that time he will work with the administration. Councilman }.ialston noted it could be very worth while. He didn't care if it went to bid or not, but it should be done. Councilman Ambarian asked what the rate would be. Mr. lox'si replied $45 an hour, and he would come back if more is needed. MOTION: Councilman Ambarian moved, seconded by Councilman Abet, to authorize Forai & Associates to pursue the effort to obtain p;overnment funds to develop the airport apron. They are to work with administration at $45 an hour, with a review after 10 hours. Motion passed with Councilwoman Gliek voting no. Mayor O'Reilly asked Mr. Forsi what fin e criteria does FAA use. Mr. Forsi said FAA is Just people, if they have communication, they work better. Councilman Abet said ow priorities will not coincide with FAA, Could we be flexible with our priorities so we don't have to come back to Council? Mayor O'Reilly asked Finance Director Brown where we would get the moneys. Mr. Brown said he would have to check. Councilwoman Gltck said at the Airport Commission meeting it was noted the extension would not be completed by this year. Again, the generation is more important. Councilman Abet replied true, it has been needed for many years. Can't we be flexible enough that if FAA won't take the generator, we can propose the ramp. Councilman Ambarian said we shouldn't prioritize, but we should get Forsi started. H-I City Manager's Report Mr. Brown reported on the change to P, lue Cross insurance, l'?e have changed almost oil of our insurance policics in the past year. If Council has any feelings against this, please contact him. KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page I1 Whe capital improvement needs in conjunction with Thorpe's .~!~: we need" to have this corrected by December 20, 1979 for the meeting with the legislators. Please call into the City Hall with input. Use of the Public Safety Building: Mr. Brown has submitted a draft of a letter setting priorities on use of the building, he feels the Public Safety people should know where they're at. Councilm,n Ambarian stated it is in the Code, Council should not have 2nd prior!ry. ~r. Brown a~t'eed, he said the other meetings are the Droblew. ~ayor O'Reilly asked if we need a motion. Mr. Brown said he doesn't want to set policy, but a policy should be set. Mayor O'Reflly replied the policy is - the Council meets here, all others meet on an available basis. ~.ouneflman Ambarian said he agrees it's a pain, but we're so close to having our own building, we can wait. But we should adhere to the 35 persons limit. Councilman Abet asked if a large number use the building. Mr. Brown was not sure. }1ayor O'Reilly said we should try to get Et resolved. Are there any problems with the present policy? Councilman Ambarian said if there were no problems, we wouldn't have to talk about it. We did have 3 buildings, but we have been shoved into one building by special interest groups. Mayor O'Reflly asked ff this would solve the problem, if we don't pass this draft, what would happen? Mr. Brown said we would be where we have been. It would be slot aleaner if we have a priority system. Counofl took no action. Step 3 of the Sewer Treatment Expansion: MOTION: Councilwoman Gltck moved, seconded by Councilman Malston, to authorize Acting City Manager to sign the grant application. Motion passed by roil cai1 vote. H-2 City Attorney's Report Council agreed to let Atty. Delahay .~repave an ordinance regarding ordin- ance procedures. Atty. Delahay will be at the Alaska Municipal LeaFue next weekend. Please call him if the Council has any suggestions before he leaves. His memos regarding Social Security and the "Connie" were noted. H-3 Mayor's Report KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page 12 H-4 H-5 The City Mansger applicant reports are not ready for distribution yet. The City Clerk will distribute them when they are ready. The .~ayor has also approached the Clarion for additional information. City Clerk's Report The City Christmas party will be December 15, 1979 at 6:00 PM at the Sheffield House. Finance Director's Report. None Planning & Zoning Report None Kenai Peninsula Borough Councilman Ambarian reported on the tax exemt~tion proffram, zoninl~, and redistribution of the weighted vote. Harbor Commission Mayor O'Reflly reminded the Council of the important meeting December 11, 1979 re~arding Paeiflc Alaska LNG. Don Starter, of the Division of tlarbors in Juneau will be present. PEP, SONS PRESENT NOT SCHEDULED TO BF. HEARD Carmen Gintoli spoke on the Senior Citizen's Center schematics. He is up- ffrading the emergency effresa on the 2nd floor putting a stairway to improve the 1st floor emergency exit. Cost estimate is $42,000, $49,400 is in the budget. It will be wood frame, with horizontal siding to blend with the logs. Logs are too expensive. They already have a kiln purchased. l~.ouncflman Ambarian said he thought he understood Betty Warren said the office was included. Mr. Gintoli said she never mentioned it to him. ~ ~$ far as he knows, they Just wanted a ceramic studio. Councilman Abet asked why an all-weather wood foundation was used instead of cement. }.Ir. Gintoli said it very good and it is cheaper. A wood floor is more comfortable for older people, but is more expensive. So he r~ade up the difference with a wood foundation. Sondra HeinFIchs spoke on the Child Care for low income families. She has KENAI CITY COUNCIL - REGULAR MEETING December 5, 1979 Page 13 gone to the Borough, the Borough Attorney suffF, ested she come to the City, the Borough would be too slow. The Anchorage people are willing to come'. down, but they must be invited by the City. We only have till the end of the month. Mayor OtReflly asked ff it would be fox' people who eannot afford day care costs. Ms. Heinrtchs said yes, it is on a sliding scale. As they can afford it, they pay more. Mayor O'ReiHy asked if we have people in this situation now. Ms. Heinriehs said yes. Mayor O'Reilly asked ff the City has to be responsible. Ms. Heinrich said she is not sure. A letter from the State said it is better for the Borough to be responsible, but the Borough is not will- inK. The Borough said the City could start it, and the Borough could take over. Councilman Ambarian noted the City would have to do the books and handle the program. We would be subject to audits, we would have to have someone handle it. Ms. Heinrichs said it would be Hmited, but it would be on a Borough-wide basis. Mayor O'Reilly asked if she had an estimate of the totals in the Borough and the City of those involved. Ms. Heinrichs ~'eplied about half here and half in Soldotna. Mayor O'Reilly asked if the Soldotna day-care centers have the same problem. Ms. Heinrichs said she didntt know. Councilman Ambarian said even if the City was receptive, we don't know the Cityts involvement. He doesn't like to have the City start a program and the Borough take over. It is no good. Councilman Abet asked if the program was fully funded. Ms. Heinrich~replied only when the parent pays on a sliding scale. But the checks would have to go through the City. The Day Cave centers lose funds ff it is not done ri~,ht. Councilman Abet said we need more information before December 19, 1979. ~s. Heinrichs said the material had been sent to the City. Mayor Otlleilly asked if a fresh supply of material could be sent to the City for distribution and we will dis- cuss at the December 19, 1979 weeting. Mr. Gintoli asked if he had to submit a bill for paywent on his contract. Mr. Brown replied yes. Councilwoman Olick reminded Council of the meeting next Tuesday. ADJOURNMENT Meeting adlourned at 10:40 PiX! J.a~t Whelan, City Clerk TELEPHONE (907) 776-8138 OR 776-8139 December 19, 1979 City of Kenai City Councilmen Box 580 Kenai, Alaska 99611 Dear Sirs: I submit this letter as a plea and request for an evaluation, and consider- ation of personal property tax relief regarding my home which is just inside the city limits boundry on the North Road. I submit this request to you because the probable amount of taxes I will be required to pay, according to the past years rates, would be too much money to pay to the city to live in my own home. I feel approximately $400 per month for taxes would be too much to pay even if ! received all the services the city has involved them- selves in.an effort to furnish. Even if the city did provide us with any of the services that are associated with city proper areas, the value would in no way approch the cost which would be involved to provide these services. I, as a home owner, would not want the service because it would cost me 400~ more for the city to provide them than w~t I could provide them for myself, along with what is already provided through existing tax cost service areas that I am otherwise entitled to. Since we do not have, and do not receive any of the services that we would be taxed special for, because of the City of Kenat development and expansion efforts, we should not be taxed differently than our neighbors who live less than a quarter of a mile away and pay 1/3 the amount of taxes. I subktt this letter to the City Council-because it is you who are entrusted with both the leadership and responsibility to your fellow men and public to protect us against city operations and management ambitions. I feel embar- rassed that the local government would extract that much money from a family to live in their own home regardless of means. This request most certainly has to be given soma in-depth consideration because it is my feeling that we cannot allow an inequity of high cost for low value to continue. These unequal value exchanges, which are forced on taxpayers by governmental bodies, are the only seeds from which our economical problems have developed. I can't see why our leadership has to try to make Page 2 City Counct 1men and develop the ctty tn 10 to 15 years, equal to some of the developed home towns and ctttes we a11 came from ~htch took 50 to 100 years to progress in a wiser process. ! ask you to please not make tt a handicap, burden, or penalty to live tn an area so desirable but remotely associated with the City of Kenat. Respectfully yours Jesse S. Wade CC -~*- '- .... I~ATE OF ALASKA -?..._...,. .>:~ ~ ....... DEPARTMENT OF COMMUNITY ,f,' ":-: ~.,. }' -AIgD REGIONAL AFFAIRS ':'' "'ii', DAY CAIIE ASSISTANCE PROGRAM ·"[-"::""ESTIMATED ALASEA INCO'IE TAXES JANUARY 19, 1979 T Mtei sssCo. JanuarF 19, 1979 Mr. Harvey Pitts Department of Community and Regional Affairs Division of Community ahd Regional Development 225 Cordova, Building B Anchorage, Alaska 99501 Dear ~ir. Pitts: This letter is submitted in compliance with the terms of the Service Contract Agreement, dated l~ovember 28, 1978, between the State of Alaska Department of Community and Regional Affairs and Touche Ross & Co. The purpose of our work was to estimate the total amount of Alaska income taxes paid by: 1. Recipients of the Day Care Assistance Program. 2. Providers of day care on funds received under the program. Our conclusions, underlying assumptions, and a summary of our procedures are presented below. ~'e would be pleas(:d to meet with you and discuss further any of tile it(.-ms contained herein. RECIPIENTS: Procedures and assumption8 - l/e h~,ve computed the estimated State of Alaska income taxe~ which would be paid by recipients qualify~ng under the day care assistance pro,ram on income earned by thom during the period July 1, 1977 through June 30, ~978, u~tltzing information available within the records of the Department and under the assumption out- lined heretnalter. The estimate ts ba~ed upon a statistically derived sample, without replacement, from the population oi 1,344 recipients qualifying for the program dueing this period. unit estimation techniques were applied to the smnple selected. The following assumptions were used In analy~ing the sample and thc conclusion shutJld be- con:;idcrud withi, n th[~ context. 1. The monthly incom~ of recipients, as rtated on the applica- tion, would remain com~tant and the a~lIltlalizl~,J income of'~he recipi- ent based on this i nform~ttion would approximat,~ ~ross income for tax P~rpo~(:s. 2. Tho.~c, recipienL;s applyiug as a :~inglu individu~l '~ould qualify for filing of State of Al. aska itlcome taxes as a head of 510 ~ 511~ILEI S,'.'ItL 60U A:,~Oi MAI.,L..'..,..J,~e,~ 'J95C! - !9";,,'J 2;?-8462 2 ! 3. Recipients ~ualifying under the program would utilize the standard d~duction and State of Alaska tax tables in computing State of Alaska ~ncome taxes. 4. The records maintained by the Department of Community and Regional Affairs accurately document the marital status, number of exemptions and income of the recipient. 5o Earnings of the recipient subsequently taxed by the State of Alaska are a direct result of the assistance received under the Day Care Assistance Program. Conclusion - Based upon the sample of the population, consistent with the assumptions stated above, the application of the statistical for- mula results in a 959 certainty that the recipients of the Day Care Assistance Program would pay to the State of Alaska through state income taxation, $326,600, plus or minus $13,000. PROVIDERS: Procedures and assumptions - In addition, we have estimated tile amount of State of Alaska income tax tliat would be paid by the day care providers on funds received under the program. This estimate was not statistically determined and is computed based upon the average tax rate for each group of providers, under the following assumptions: 1. The amount paid to providers during the period July 1, 1977 tfirougb June 30, 1078 is comparable to a given taxable period. 2. Providers of day care as$Istanc~; t'eprtfsont a cross section of taxpayers in the State of Alaska, and receive income from source~ other than the Day Care Assistance Program, and therefore the average income for residents of the State of Alaska is a reasonable approximation of income for the providers. 3. The average annual income, based on the Alaska Department of Labor Statistical Quarterly for the fourth quarter of 1977, is approximately $21,400. This would result in taxable income (assum- Ing u:~e of the standard d(:duction) of approximately $19,000 and a marginal tax rate, for married p,:rsons filing jointly, of 5.5%. The tax rate has been rounded to 67, ($20,000 to .$24,000 taxable income bracket) for e-~timatt, on purpo.~es. 4. The r~.cords maintained by the Department of Community and Regional Affairs accurately refl,:ct paymo, nts to the providers. The estimate is %used upon the following calculation, which includes a'~ummary of information provided to us for this purpose by the Departme,qt; we have not attempted to determine thc accuracy of the Department's records with regard to the payments to providers, Estimated Provider.~roup Payments to providers Tax rate income taxes Nonprofit $ 595,000 -~ $ - Corporation - - - Individual 956~00~0 6 57t000 $~,,5p~,000 $57,000 Conclusion - The estimate of State of Alaska income taxes, consistent with the above assumptions, indicates that approximately $57,000 of State of Alaska income tax would be paid as a result of funds provided by the Day Care Assistance Program. Very truly yours, Certified Public Accountants 3 ClTY"'OF KENAI P. O. BOX S~O KENAI, ALASKA 99611 TO: Hon. Mayor & City Council FROM: Ernest Schlereth, City Attorney DATE: RE: June 4, 1979 Day Care Assistance Program The City was asked by Beaver Loop Day Care Center to apply for a grant from the State for day care funds which would be funneled through the Beaver Loop Day Care Center to be used to subsidize low income families who could not afford day care services. A brief description of the state' program is as follows: Under A.S. 44.47.250-310, the State authorizes grant funds to be used tO subsidize licensed day care centers to make it possible .for low income families to obtain day care services they would not otherwise be able to afford. In order to involve local government, the plan was designed to be administered through the Department of Regional and Community Affairs. Under statute the local government may receive the grant funds, which funds must be used solely for the purpose of aiding iow income families by reimbursing local state- approved day care facilities who service these qualified low income families. The cost of administering the program (that is, the cost involved in funneling these funds to qualified day care facilities,) must be borne ~olely by the local governing body. The local governing body may subcontract the adminis- trative duties to another private agency, but maintains the ultimate responsibility for administering the funds. June 4, 1979 Page 2 Day Care Assistance Program Under the plan considered by the City of Kenai and Beaver Loop Day Care Center, two apparent anomalies exist.= First off, ~he City wishes to restrict participation in the program to City residents only. Thus, only those low income families within the Kenai City limits may use day care centers in Kenai at a reduced rate. The Department of Community and Regional Affairs d6es not oppose this limitation. It condones this limitation imposed by local government on the theory that since the local government is bearing the cost of administering the program, it may logically restrict participation to all residents of the community. The second anomoly is that the City of Kenai, in fact, will not bear any administrative costs at all (as contemplated by the State statute). Rather, Beaver Loop Day Care Center has offered to administrate the program free of'charge to the City of Kenai. The Department of Community and Regional Affairs also does.not oppose this arrangement. Their policy is that in smaller communities where trained administrative personnel may not be available, it is acceptable to have a day care center (as long as it has qualified personnel) to administer funds a part or all of which the center will ultimately receive itself as reimbursement for servicing Iow income day care applicants. (Note that in its manual for describing the day care grant fund program, the Department of Community & Regional Affairs, points out that conflicts of interest should be avoided by separating the actual grant funds from the adminis- tration of those funds, however, as pointed out above, the Department is willing to make an exception to this rule.) Initially, from a legal standpoint, it appears that the City of Kenai will be increasing its vulnerability to legal liability. It will be placed in the position of being responsible for large sums of money which the City will have no accountability for through its accounting department. That money will be handled by an organization (Beaver Loop June 4, 1979 Page 3 Day Care Assistance Program Day Care Center) which will have no accountability to the .; City of Kenai, as they are not employed by the City. Addi- tionally, it even can be argued that Beaver Loop Day Care Center will have'no contractual liability to the City because there is no consideration for the services they intend to perform. Beaver Loop Day Care Center is offering to administer the program free of charge for the City of Kenai. The Department of Community & Regional Affairs informs us, however, that they do have a staff that keeps watch over the ad~ministrating agency-in fact, checking its books once a month. This may tend to make the City's position less vulnerable especially if vigorous standards are imposed insuring that Beaver Loop Day Care Center has the maximum of qualified personnel and equipment to handle the Job. However, in my opinion, it would not be advisable for the City of Kenai to apply for the Day Care grant funds under these conditions since it will entrust funds and duties to a non-City agency over which the City has no control. The desirability of having state-funded day care centers for low income families is far outweighed by the negative factors of possible burdensome litigation resulting from City-controlled funds being handled by an agency over which the City has no control or close supervision. Sincerely, Ernest $chlereth ES/md STATE OF D E P A R T l~I E N T 0 Y R E G I 0 tlAL ALASKA CAR AS ,S STA N C E PROGRAM APPLICATION MANUAL APPLICATION MANUAL DAY CARE ASSISTANCE PROGRAM State of Alaska Pepartaent of Community and Regio~,=i Affairs D£visi0n of Community and Rural Development June, 1978 (Revised July 1975] (Revised August 1975) (Revised June 1976) (Revised June 1977) (Revised June 1978} TABLE OF CONTENTS Page IX. PU~OSE ~ ~ OF ~ P~ .......................... 1 - 2 III. P~ D~C~ION ................................... '' · . 2 - 3 IV. ~INIST~TOR ~UI~T$ ................................ 2 - 3 V. G~T ~PLI~TI~ P~DU~S .............................. 3 A. Q~lifications .......................................... 3 B. Grant Application ....................................... 4 - 10 C. H~ a Day ~re ~sist~ce Grant is Made ................. 11 VI. O~TION 0F A DAY ~ G~T ............................. 11 A. Def~itions ............................................. 11 - 12 B. Respons~ilities of ~cal ~ver~ents ................... 12 ~ 13 C. Res~ns~ilities of Contractor .......................... 13 - 17 D. Res~nsibilities of the Depar~ent of Co~ity and ~gional Affairs, Division of Co~ity ~d R~al Development ....................................... i7 - 20 E. ~spons~ilities of the Depar~nt of Health ~d Social Services, Division of Social Services ............ 20 X. INTRODUCTION This manual is intended to familiarize local public officials, agencies and interested citizens with the Alaska Day Care Assistance Program. It also serves as a procedural guide which explains the steps to follow to obtain assistance under this program. The Alaska Day Care Assistance Program is administered by the Divi- sibn of Community and Rural Development of the Department of Community and Regional Affairs. The Department will contract with local govern- ments to operate the program in their own communities. All inquiries about this program should be directed to: Child Care Program Coordinator Division of Community and Rural Development Department of Community and Regional Affairs 225 Cordova, Bldg. 8 .. Anchorage, Alaska 99501 (907) 279-3462 II. PURPOSE AND GOALS OF THE PROGRAM The State law creating the Alaska Day Care Assistance Program, AS.44. 47.250 - 310, was passed in the 1975 legislative session. The Act gave responsibility for administration of the program to the Department of Community and Regional Affairs in the hope of encouraging local government participation in the delivery of day care services. The Department of Community and Regional Affairs will contract with local communities for direct program administration in order tO allow as much local flexibili=y as possible while assuring that the require- ments of the law are met. The purpose of the State program is to assist low income parents or guardians who are working or training to pay the costs of licensed day care. The program att~-mpts to help eliminate the cost of day care as a factor which prevents parents or guardians from becoming self-supporting. It is anticipated that many low income parents or guardians who ordinarily could not afford the full cost of day care will have the opportunity to work or attend school when they would otherwise be unable to do so. In addition, day care in licensed facilities will becom~ available to children previously left unattended or without adequate supervision while their parents were at work. It is not the purpose of this program to provide free day care to all qualifying for assistance. Current funding does not permit the State to subsidize all eligible families; therefore, lower income families will be given priority. Subsidy grants are available to communities where licensed day care facilities are available for State assisted children. The responsibility of the State or its local program agent does not include securing a space for a particular child in a licensed facility of the parent's choice. Rather, the responsibility for obtaining a satisfactory licensed space remains with the eligible parent or guardian. III. PROGRAM DESCRIPTION State day care program funas will be allocated to local governments that contract to operate the propramin their own communities for subsidy payment made tO licensed ~ay care providers. All local costs of program a~lm!nistration, including such expenses as office space, eq~pment, and staff time spent on program functions must be borne b~ l~-c~' c6mmuni'Eie's and are under n~ ~ircumstances reim- bursable. Local communities interested in the program may apply to the Depart- ment 4e~onstrating the need for a local day care subsidy program, the existence of adequate local licensed day care facilities to serve State funded children, a local commitment, and administra- tive capability to operate the program. Upon allocation of funds and agreement upon program operations, contracts will be established delineating local and departmental responsibilites in the adminis- tration of the program. A participating government may choose to administer the program directly, and is urged to do so. However, the Department realizes that extinuating circumstances might exist in smaller or rural co~n~nities which would make it necessary for the community to sub- contract for another appropriate local agency or group to perform lo¢al administrative functions. These functions include: outreach, screening of applicants, eligibility determination, authorization, payment to providers, and monthly reporting. If a community opts to subcontract for administration, it must request from and obtain the written approval of the Department to subcontract prior to execution of the subcontract. Prior approval by the Department is required if a commUnity opts to ~ubcontract or change the subcontractor whom the Department has previously approved after a grant is made. Violation of this provision will result in immediate termination of th~ contract and grant. It is the intent of the Department that every available mean~ shall be used by con~unities to ensure that all interested persons are made aware that proposals for subcontraotors are being encouraged and accepted for the Day Care Assistance Program administration. Therefore, any community requesting permission to subcontract must include details on how it plans to implement such broad public advertising in their request. IV. ADMINISTRATOR _REQUI REME~TS A. Formal training or experience totalling at least four years'in one of the helping professions. B. Demonstrated capability to interpret and apply written instruc- tions. ~ ' I'll]l~" III IIIIIII C. Demonstrated administrative ability to compute gross income and adjusted net incom~. D. Administrative experience in program operation. E. Experience or training in office organization or management. Experience in administering a Social Service Program. M~t devote a minimum of 6 hours per day, Monday through Friday, to the Day Care Assistance Program. (This item does not apply to communities receiving a grant of less than $100,000) Administrative duties may not be delegated. The person who meets above criteria must perform all administrative duties related to this program. Must maintain regular office hours in a facility conducive to serving low income and single parents accompanied by children. Technioal assistance in application development, in programplann- ing, and all aspects of program administration is available from the Department of Community and Regional Affairs, Division of Commun- ity and Rural Development. V. GPANT APPLICATION PROCEDURES A. Qualifications 1. In order to be eligible for a State day care grant, the following qualifications must be met= There must be a demonstratable need for day care services for low income families with parents who are either working or training. The local government must be willing to assume respgn- sibility for and pay the administrative~osts of operating a local program. The community must demonstrate a capacity to admin- ister the program adequately in accordance with departmental guidelines and regulations. There must bo licensed day care available in the community, i.e., in day care centers and family day care homes licensed by either the Department of Health and Social Services or an appropriate muni- cipality. 2. A community is eligible to apply for State grant funds in an amount up to that amount which is predetermined by the Department based on the annual appropriation by the legislature. mined by the availability of funds. B. ~ant Ap91ication Grant application forms follow= The final grant ~mount will be deter- (4) %'. STATE OF ALASKA Department of Community and Regional Affairs DIVISION OF CO~/4~JNITY AND RURAL DEVELOPMENT 2;?5 Cordova, Bldg. Anchorage, Alaska Application for Grant Funds for Year Beginning July 1, 1978 (Fiscal Year 1979) GRANT NUMBER C01~4UNITY OF DATE COMMUNITY INFORMATION (Please' type or print) Name of Community incorporated city ...... incorporated borough unincorporated Mailing address: Telephone Number: Contracting Authority (Borough Assembly, City Council, Mayor ? ) Name and title of responsible official: II. Population What is the source and date of this figure? Estimate the percentage of your population with family incomes: $4000 or below between $4000-10,000 between $10,000-15,000 between $15,000-18,000 above $18,000 ~at is the source and date of this figure? ~ (6) III. Licensed Day Care What is the range in the cost of licensed day care in your community? Please express in daily rate terms: (Divide monthly rates by 21 or multiply hourly rates by 10 to convert to a daily rate.) . Licensed Day Care Centers: Lowest Rate Highest Rate ~oing Rate Licensed Family Day Care Homes: Lowest Rate Highest Rate Going Rate IV. Character of Jobs and Training Available in the Community Is there generally work and training available on a year round basis in your community? (Describe) If seasonal only, please describe the seasonal activity and the months that are involved: Ve Program Administration Give a brief narrative description of how your community plans to operate the day care program. Please include in your description an explana- tion of how the following functions will be performed: 1) informing potentially eligible persons of the existence of the program and how to apply for services. 2) eligibility determination and financial counseling. 3) maintenance and dissemination of current information on availability of licensed day care facilities in the community. 4) maintenance of prompt payment schedule to providers of day care service; 5) maintenance of program and financial records necessary for the proper and efficient opera- tion of the program and Department of Co~f~u- nity and Regional Affairs reporting require- ments. Also describe any supportive services to be offered to licensed day care facilities in the community. The narrative description should be attached to the grant application form. Give the name of the governmental subuntt and the name of the individual (and position) responsible for local administration of the subsidy program. Please attach an organization chart to the grant application form. If you intend to subcontract to a non-governmental agency attach a copy of its Articles of Incorporation and organization chart (permission to subcontract must be obtained from the Department and the subcontract must be approved by the Department prior to its execution) Give your estimate of the total cost per year for admini- stration of the program. What is the source of funds for local program administra- tive costs? Will payment of the administrative costs require additional funding and new positions or a shift budget and personnel assignments? When do you expect to begin program operation? Ilow much do you expect to spend per year for program administration? Salaries Fringe benefits Office space Office equipment and supplies Utilities Travel Other (Specify)~? Please indicate your specific planning for this program by answering the following questions: Who will conduct eligibility interviews and authorize subsidy payment? individual pOS'it'ion title estimated man and salary hrs./mo, to be spent on pro- gram duties Who will be responsible for payment of billings? individual pos"i't ion title and salary Mow frequently will billings be paid? estimated man hrs./mo, to be !pent on pro- gram duties Who will maintain client records and coordinate with Division of Social Services to maintain current information on the license status of day care providers? ~ndividual position title estimated man and salary hrs./mo, to be spent on pro- gram duties Who will compile monthly program reports for submission to the Department of Community and Regional Affairs? individual position 't~tle estimated man and salary hrs./mo, to be spent on pro- gram duties Please attach Job descriptions for each of the positions indicated above to the grant application. (9) Ho If this grant application is approved, what kind of technical assistance will the community need? Indicate the local government body which has approved both this application and the plan for local program operation. Local Program Coordinato~ Title' Date Ce~tifytng Official Title Date (10) C. ~o~ ~ pay Care Assistance Grant Is Made A day care assistance grant is made after careful study of each application. Your request is evaluated with all other day care grant applications on the basis of: need for day care for low income working or training families, licensed day care capacity, administrative capability of the local program agency, and the commitment of the local government to assume those local costs necessary for effective admin- istration of a community day care program. Upon approval, the Division of Community and Rural Development will mail a grant award notification to you. The Department and the lo¢al government will enter into a contractual agree- ment. The contract will clearly define the functions that the community will perform both in relationship to day care facil- ities and recipients and to proper re~orting procedures to the Department. VI. OPERATION OF A DAY CARE GRANT A. Definitions Act means the Community and Regional Affairs Day Care Assis- tance Act of 1975, AS 44.47.250 - 310 (Chapter 66, SLA 75.) as amended. Contractor means the local government unit or another organi- zation or agency in an unorganized area contracted by the Department of Community and Regional Affairs to be respon- sible for administration of the day care assistance program locally. Subcontractor means the organization or agency contracted by the contractor to administer the Department of Community an~Regional Affairs day care assistance program locally. pepartment means the Department of Community and Regional Affairs, Division of Community and Rural Development. Day Care Services means activity providing direct care and protection of infants and children outside of their own hom~ during a ~eriod of less than 24 hours per day. Licensed Facility means a day care facility currently hold- ing an active day care license issued by the Division of Social Services, Department of Health and Social Services, or an appropriate municipality who has assumed the power to license day care providers under AS 29.48.035. Provider means a licensed day care facility providing day care services. The types of providers includu: family day (11) car___~ehome_____~swhich serve no more than six children between the ages of 3 and 14 or no more than five children when the age range includes infancy; and ~ay car____~centers which serve groups of seven or more children. Par___~tTim____~eCar____~emeans day care up to five hours in a twenty four hour period. ~or~ Tha___~nFul~lTime Care means day care for more than ten hours but less'tha---~24 i-----n a twenty four hour~eriod. I~nfant means a child ages birth through 24 months. ~hild means a child ages two years through ten years. B. Responsibilities of Local Governments 1. In order to qualify for participation in the day care program a local government shall agree to pay and assume responsibility for the administration of the local pro- gram. Typical administrative costs include: salary and fringe benefits of staff engaged An implementing the program, costs of related expenses utilized in operat- ing the program, including equipment, furniture, supplies, communication, office space, utilities, travel a~d the cost of technical assistance and data collection. 2. Local governments may choose to administer the program themselves or they may choose to seek authority from the Department to designate some other local agency to directly operate the program. In the latter case, it is the respon- sibility of the local government to assure'that 'a confli~ 0~~does not devel~p~byseparating the monitor ~f t'he 10ca~ day care &~o~j~_ ~l~_ ~ . lng ~ .... . -- r..~-: ~--,, ~um ~ne actual deliverV'~-~' the aay-6are Sez~es ...... -~ -- 3. When the local government decides to subcontract with another lo~t~bta~~ an authori- zation ~ enter into a subcontract from the Department. The local government shall retain responsibility for -- compliance with all aspects of the grant. 4. No local program'shall be funded by the Department in an incorporated area without the consent m~d support of the appropriate local government. 5. If the responsible local government is a firs~ class or home rule city or borough, it shall assume that its accounting system for the day care program be set up as follows: a. Separate funds and accounting codes shall be estab~ lish~d for receipt and disbursumont of State day care funds. (12) Expenditures from this fund shall be audited under regular Borough or City program and financial audit- ing procedures. The Division of Community and Rural Development Child Care Programs Coordinator shall receive a report of municipal or borough audits of the .day care account at least once yearly. 6. If the responsible local government is a second class city, or if the program is operated in the unorganized borough, the accounting system for the day care funds shall be set up as follows: a. Separate funds and accounting codes shall be estab- lished for receipt and disbursement of State day care funds. b. A yearly statement of income and expenditures shall be required by the Department in connection with pro- gram and financial audits conducted by visiting day care program staff members. C. Res~onsibilities of Contractors It is the responsibility of the contractor to administer the Alaska Day Care Assistance Program on a community- wi4e basis. 2e The contractor shall be accountable for State funds which it receives to subsidize day care services in the commun- ity. The accountability shall include the maintenance of the program including records concerning: applications, determination of client eligibility, payments to child care facilities, local administrative expenses, and pro- gram operating statistics as required by the Department. Unless otherwise agreed upon, the contractor's program and financial accounting system must utilize standard application, authorization, billing and reporting forms provided by the Department. The contractor must make all program and financial records available to the Depart- ment or its designated representative upon request. The contractor shall utilize the differential subsidy scale established by the Departmen= for that community as a basis for determination of client eligibility for State day care a~sistance funds. This scale shall be applied to the adjusted net income of the client to determine a range of subsidy for which hu or she is' eligible. The contractor may determine the final per- centage of subsidy for the particular client from within that. range based upon considerations of such factors (13) 10. as: unusually large medical, funeral or other family expenses, indebtedness, personal property, short term emergency needs and number of children. The adjusted net income o£ the client shall be arrived at by taking the gross income per year and subtracting the following: a. Federal income tax, : b. State of Alaska income tax, c. State of Alaska education tax, d. Social Security taxes (FICA), e. retirement, f. unemployment insurance contributions, and g. mandatory union dues or agency fees. In addition, for the number of children in the family greater than one, deduct $1,200 per child from the income figure. Consideration of other factor~ the contractor or appli- cant deems to be relevent in eligibility detenmination shall require written approval by the D~vision of Community and Rural Development Child Care Programs Coordinator. Eligibility determination shall be made prior to delivery of services. Applicants or recipients may appeal denial or termina- tion of eligibility for day care subsidy to the Director, Division of Community and Rural Development, Department of Community and Regional Affairs, for initial hearing, and thereafter according to applicable provisions in the Alaska Administrative Code. The contractor shall review the day care needs and the eligibility of each program recipient at least every three months. A minimum of two (2) weeks notice must be given to any recipient prior to termination of day care assistance when the recipient continues to meet eligibility criteria. Contractors may establish procedures regarding the manner in which the special needu of single parent families shall be recognized in determining eligibility. (14) 11. 12. Local agencies shall establish procedures to verify appli- cant's statements regarding eligibility certification. Copies of verification should be attached to the client's file. Subsidy payments shall be authorized only for day care services to individuals: a. who have obtained care in a licensed facility for their child, and, b. who are determined "eligible" under the provisions of the Act and Departmental and local guidelines. 13. It is not the responsibility of the contractor, but that of the eligible parent or guardian, to locate and secure space for his or her child in a licensed day care facility ~ ~ before any day care payments shall be authorized. ~. tion of specific centers or licensed homes. ]~[,t; 15. 16. 17. 18. 19. The contractor shall provide assistance to day care cen- ters or family day care homes as needed to insure proper completion of the standard Community and Regional Affairs billing and reporting forms. It is the responsibility of the contractor to make prompt payment to providers within 15 working days of receipt of properly completed Day Care Facility Billing and Report- ing Forms. The contractor shall make payments only to licensed day care facilities. Day Care payments shall be made to providers only for author- ized hours and on an attendance basis only. Attendance shall be calculated on the basis'of five hour blocks of time for payment and reporting purposes. Part time care is defined as care for up to five hours in a 24 hour period; full time care is care for moro than five hours through ten hours in a 24 hour period. More than ten hours in a 24 hour period shall be paid at the rate of one full day block plus $1.40 per hour for each hour over 10 hours a day. The maximum rates that shall ~e authorized for any day care facility for the care of State program children are as follows: for infant care; part time - $9.00 per infant daily, full time - $15.00 per infant daily, more than full time - a maximum of $19.00 per infant daily; all other children part time - $7.00 per child daily, full time - $12.00 per child (15) 20. 21. 22. 23. 24. 25. 26. daily, more than full time - a maximum of $19.00 per child daily. Exceptions may be made to the above pay- ment limitations only to pay for exceptional children defined for these purposes as children who because of physical, mental, or emotional disabilities require special care for those hours they spend in a day care facility. The above maximum rates are appropriate and it is expected that for the next year most center and family day care home rates will fall within this ceiling. The contractor shall inform the appropriate day care provider immediately of any change in the status of terms of subsidy of a client. The contractor shall assure that a new authorization form is filled out and signed by all parties everytime that there is a change in authorized hours for 4ay care, a change in the percentage to be paid by the parent and the State, or a change in provider. It is the responsibility of the contractor to report any instance of day care facilities making extra charges to program clients to the Division of Community and Rural Development, Child Care Programs Coordinator. The contractor shall regularly receive from the regional office of the Division of Social Services of the Depart- ment of Health and Social Services current information regarding licensed day care facilities in the community. This information should be used to maintain a current card file of day care providers and the current rates charged by providers. In those municipalities who have assumed the power of day care licensing, the contractor should coordinate with the proper licensing agent. The contractor is responsible for regularly reviewing the provider file to flag facilities whose licenses are due to lapse. On or before the expiration date, the contractor shall begin contacting the appropriate licens- ing authority to determine the status of those licenses and whether action shall be taken either to review the licenses or issue interim provisional licenses. It is the contractor's responsibility to remove all refer- ences to a day care facility from the ~rovider card file two weeks after the date that the license expired if that agency has not been notified by the appropriate licensing authority of a renewal of the license or issu- ance of an interim provisional license. It is the contractor's ~esponsibility not to authorize payment fo__r day ~r~ s_crvices ~sa facility b__eyond two (16) 27. weeks after the expiration date on the license. However, before subsidy is suspended for children in that facility at the end of the two week period, the contractor shall contact the appropriate licensing authority to ascertain that notification of a renewal or provisional license for such facilities has not been lost in the mail. Should a day care facility fail to maintain its license, the contractor shall then inform parents or guardians of State a~sisted children in that facility that they must place their child in another licensed home or center or cease to receive State assistance. Every effort shall be made to secure satisfactory and timely alternative day care facilities in such cases. 28. 29. The contractor shall submit monthly statistical reports to the Department in such form and containing such inform- ation as the Director of the Division of Community and Rural Development may require, and shall comply with such provisions as the Director finds necessary to assure the correctness and verification of such reports. In carrying out these reponsibilities, the contractor may enter in agreements with public or private entities to provide support serv¢ies such as in-sexvic~ training or technical assistance to day care homes or centers in program areas such as nutrition, health, child growth and development, educational guidance, and re~edial tech- niques. Such support services, when provided, should be coordinated with that provided by the staff of the Division of Social Services. 30. If special circumstances in a community are deemed to warrant it, a contractor may apply for a waiver to any of the above provisions (non-statutory) by submitting appropriate justification to the Division of Community and Rural Development Child Care Programs Coordinator. D. Responsibilities o__f~he Department of Community an__dRe~ional ~ffairs, Division of Community and Rural Development. It is not the intention of the ~ay care assistance r~ ~.ram t_o 9uarantee the availabilitM o__fday care services t__oall ~ose individuals ~ho Would ~ualif~ for subsidy o..~nt_he ~$is o__fincome and other Criteria defined herein.- The Department cannot gu--~rantee that licensed ~aY care facilities will be available for a particular child whose parents or guardians meet eligibility requirements. DaM Care subsidies shall be limited by the funds avkil- abl.___~e. The Depa&tmont =annot guarante~ tha~ funding will be available to all that qualify. (17) 3. Department officials shall have access to financial and other records pertaining to. administration of the program at all times. / 4. The Division of Community and Rural Development staff shall conduct periodic on-site monitoring visits to deter- mine how the contractor is meeting both its program and financial management responsibilites as defined in the Act and in contractual agreements. 5. When the Director finds that ~he contractor is not in compliance with the work program and contract, he shall notify the local government of the problem and the require- ment for compliance. If after a reasonable period satis- factory adjustments are not made, he shall notify the local government that further payments shall be withheld until the deficiencies are corrected. 6. State funding for day care assistance is made available by the Department to the contractor only for direct sub- sidy payments to day care providers for child care ser- vices delivered. Under no conditions shall administrative costs encountered i_~n ~e operation o__f th__~eprogr.am a_~t tn__~e~oca! level be reim- bursed. The Department shall make State funds available for expen- diture for day care services only where the rates of payment for services do not exceed an ~mo%~nt reasonable and necessary to assure the quality of service, are in accord with costs reasonably assigned to such services, and records are available which describe and support the rates. The Community and Regional Affairs day care subsidy funds shall be paid on a daily attendance basis. Attendance shall be figured on the basis of five hour blocks of time. Up to five hours of attendance in a twenty four hour period is considered part time. Attendance exceed- ing five hours and up to ten hours is considered full time. Attendance exceeding ten hours in a twenty four hour period is considered more than full time for pay- ment purposes. The Department shall not reimburse communities for day care subsidies beyond the maximum daily rate for part time, full time and m0re than full time care except in the case of exceptional children. 10. The Department shall not reimburse local co~w~ities for payments made to a provider for services performed (18) r 'II -Il~ F ..... 11. 12. 13. 14. 15. more than two weeks after status as a licensed day care facility has expired. The Department shall release funds on a timely basis each month after receipt of the contractor's billing to the State and a properly completed Monthly Con- tractor Statistical Report. When it is necessary for program operation, arrangements may be made for advance payment by the Department. : It is recognized that the c~sts of living vary greatly throughout the State of Alaska. In order to acheive fairness in distribution of child care program funds, the "differential subsidy scale" (DSS] has been estab- lished as the basis for eligibility and fee determina- tion. The Department shall establish a series of sub- sidy levels in the form of a sliding fee schedule indi- cating the percentage of day care costs to be paid by the parent according to family size. The highest child care subsidy shall be provided to those clients with the lowest /ncome. Each community's sliding fee scale (community DSS) shall be established by the Department and shall incorporate within it adjustments for cost of living within that community. The cost of laving factor applied will be that utilized by the State in its revenue sharing program. Those communities wishing to dispute the accuracy of this factor shall provide the Director of the Division of Co=&nunity and Rural Development with data prescribed by the Department to substantiate their claim. The Department shall design and distribute standardize~ application, authorization, billing and reporting forms to contractors for their use in program opcration. The Department is responsible for providng technical assistance to local communities engaged in either plan- ning or operating a local day care program under ~his Act. Such assistance may include: assistance in pro- p0sal development and program planning, training of contractor's personnel in the use of the differ~tial subsidy scale as well as departmental application, auth- orization, reporting and billing forms. Training will also be provided in eligibility determination, financial counseling and other program areas as requested and as staff is available. The Department shall report yearly to th~ Legislature on the impact of this leqislation on the Alaska commun- ities receiving assistance. (19) 16. 17. For purposes of local program start-up, th~ Departmont shall initially provide participating local communities who have not assumed day care licensing authority, with a computer list detailing the following information on currently licensed local day care facilities: names and addresses of facilities, designation as centaurs or family day care homes, and number & effective date of the license. In communities where municipalities have assumed day care licensing authority, the contractor should coordin- ate with the appropriate municipal licensing agency. The Department shall, with the cooperation of the con- tractor, be responsible for implementation of billing procedures and monitoring of the rate licensed facili- ties charge the State and State assisted families for the care of children to assure that: Ail services offered by the day care provider to the general public are provided to State funded children and the rate charged for care is both inclusive of such services and equivalent to the rate charged to the general public. The Department shall no= pay any charges in addition to the providers established daily rate. The State is charged by a day care provider at the same rate that the public is charged for second, third or additional family children. The Department shall share infora~tion relating to noncompliance with the contractor. E. _Responsibilities of the Division of Social Services, Depart- went of Health and Social Services 1. The Division of Social Services, Department of Health and Social Services shall be responsible for the licens- ing of day care centers ~d family day care homes ia communitie~ where local municipalities have not assumed licensing authority. 2. The Division of Social Services has agreed to cooperate with contractors as necessary to assure that the latter have the most up-to-date information on the current status of licensed day care providers. (20) YOR APPROVAL Chevroe Clary Insurance ASency Doyle*s Fuel Service RLchard Garnet t Oiacter State Telephone Homer Electrtc I,I,S. Co, Nachine, Inc. Servi~atmr Southce~tral Co~,-ication~ Hiea Air Alaska THE FOLLOI~I~IG I1'1~,~ APE OVER $500~dl~lfltlClt IIEED COUIICIL APPROVAL OR RATIFICATIO,~ AHOU~T DESCRI PTIO,'I PROJECT/DEPARTIG~iT ACCOUNT CHARGE 12119179 676.17 Vnleaded Gasoline Shop Operating Supplies 4,376.00 ~ove~ber ~orkmen*s Comp. Various ~ork~en*s Co~pe~aat/ou Public Official ~ l~n-~par~tal Insurance 1,350.58 Stye Oi1 S~p ~eratiag Supplies 3,675.78 N~ber ~l Semite City Atto~ey Profess/o~X Semites ~931.12 Dec~ber Ph~e Semite Various ~unLcatLo~ ~808.66 [~v~ber El~trictty Varto~ Utilities 92&.86 ~c. ~g~rd-A ~nta2 City Atto~y ~tala ~c. ~g~rd ~ec. ~ntal City Clerk ~tals D~r ~ler ~1 Vario~ Pr~g ~ B~dtn8 751,48 ~t Dak ~pa/r ~6S Repair b~/nt~nce ~ P~a for Grader Shop ~patr 6 ~tnt~nce 2,~X.18 Repair H~ter Fan Shop Repair N~t Cas Vatio~ 3,159.20 ~c~ber Janitor~l Police Profession1 ~lces ~ber J~ltor~l Llbra~ Professio~l Se~lces ~r Jaitor~l Te~l ~of~si~l 879.7~ ~c~r ~dio~int. ~i~t~ ~pair 6~c~nce ~b~ ~d~int. ~6S Repair &~int~ce 880.80 ~fl~tive S~et~8 Ai~rt ~ ~pair/~int. Sullies Nfl~tive Sh~t~8 Struts R~ir/~t. Suppli~ ~22.~8 Air Fare A/R~v~ces ~rFare ~rt ~. Tra~r~t~n A~OUNT 676.17 3.681.00 695.00 1,350.58 3,475.78 1,931,12 5,808.66 223.10 198,85 502,91 351.26 400.22 31,75 2,029.43 266.20 400.00 2,493,00 647.25 232,50 440,40 440.40 510.68 11.90 P.O. 11072 10048 10046 10087 11220 11075 11205 10O54 10056 10059 10410 10410 10415 10415 10863 10863 ? t ' ~'1' OVeR $500.00 12/19/,9 Pa,e 2 VEtiDOR ~L~iOL~TT DESCRZPTI 0~ PROJECT/DEPARTI~I~? ACCOUNT CHRRCE P. 0. Yuiroa Oiiice ~uppiy 5~6.92 FOR PATIFICATION ~Lational Bank of Alaska 27,405.00 Ak. ~lunicipal ~mpioyeea Federal 8,235.00 Credit Union Alaska Depto of Revenue 4,979.00 Travelers Insurance Co. 8,815.74 P~RS 18,165o02 Travelers Insuraage Co° 8,9~8o58 First National Bank 223,000°00 First ~timml Bank 200,000.00 floor ~at Police Operating Supplies 51.50 Office Supplies Police Office Supplies 16&.36 Recorder Repair Police Repair 6 t/aintenance 20.00 Ribbons/Pens Fire Office Supplies 25.03 Office Supplies Library Office Supplies 2.53 Stapler Library Small Tools/Htnor ~qutp~ent 19.95 Copy Paper Various Printing i Binding 149.00 Office Supplies Finance Office Supplies 67.73 Office Supplies Pl/-Admin Office Supplies 17.22 Office Supplies City Attorney Office Supplies 26.72 Office Supplies City Hanager Office Supplies 16.52 Office Supplies City Clerk Office Supplies 36,36 November Federal November Credit Union General Fund C~ner;;1 Fund November State ~/H General Fund November liedical Iasurance Various November Retirement Various December Nedical I~surance Various Cert. of Deposit#f2~5/79 TCD Cert. of Deposit-12/7/79 TCD Liability 27,405.00 Liability 8,235.00 Liability 4,979.O0 Health Insurance 8,815.76 Retirement 18,165.02 ~ealth Insurance 8,9~8.~8 Central Treasury 225,000.00 Central Treasury 200,000.00 11037 10162, 10957 11192 Ii147, 11012 10728 10594 i099& 10996, iiiOO 1099~, 10983 11088, 11097 11097 11097 REQUISITIONS OVER $500.00~.~tC[! NEED COUNCIL APPROVAL 12/19/79 [. , .i~ [] V~IDOR __ _ _ DESCRIPTION DEP.~..~..~,., .~..~CCb.,~l. l~oore Business Forms Checks Finance Contractor*s F_xluipme~t Cyclo Blo~er Repair STP office Supplies Repair & ~latntenance 697.00 1,200.00 REQUISITIONS OVER $500.00 ~ItICH NEED COIII~ClL APPROVAL 12/19/7g A~OUI~T More Business Forms Con~ractor's Equip~enC Checks Cyclo Blower Repair Finance STP Office Supplies Repair & llaintenance 697.00 1,200.00 CITY OF KENAI ORDINANCE NO. 543-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 10, GENERAL AND MISCELLANEOUS PROVISIONS,.OF TIIE 1979 KENAI CODE TO ADD CHAPTERS PERTAINING TO FORMS OF ADDITIONS, AMENDMENTS, AND REPEALS OF CODE PROVISIONS, NUMBERING AND .REVISION OF THE CODE, MAKING THE CODE PRIMA FACIE EVIDENCE OF ORDINANCES PASSED, AND DEFINITION OF ORDINANCE. WHEREAS, the City of Kenai has recently updated its Code, and WHEREAS, it is desirable to provide therein rules for interpretation and citation of said Code, and particularly · to provide a form of reference to said Code without writing out its name in full, and WHEREAS, it is also desirable to set a specific form for ordinances in adding, deleting, or amending portions of the Code, and specifically to provide a form for such amendments that will simplify the task of the Council with- out having to make a word for word comparison between the amended section or portion with the section or portion already in the Code, and WHEREAS, it is advisable to make provisions for the Clerk or revisor to maintain proper numbering in revision of the Code, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: The 1979 Kenai Code is hereby amended by addition to Title 10 of the following sections: .05.070, 10.020, 10.030, 15.010 to and including 15.060, 20.010, · 20.020, and 20.030 as fully set forth in the attachments hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of January, 1980. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk First Rea2i...~: Ducembcr 19, 1979 Seco~,d Re.adin.]: Janua~-y 9., : Effective Date: February 2, 1980 Ord. 5~-79, Page 2 10.05.070 "Ordinance" Defined: The word "ordinance" means a law of the City of Kenai and may be cited in short form by use of the letters "KO" followed by the number of the ordinance consisting of the number assigned to it by the Clerk, a hyphen, and the last 2 digits of the year in which it was introduced. ~ 10.10.020 Catchlines of Sections--Scope: The under- lined catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the title of such sections, nor as any part of the section, nor shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted, unless expressly so provided. 10.10.030 Repeal of Ordinances--Effect: The repeal of any prior ordinance of the City by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by such prior ordinance, unless such revival shall be expressly provided for. Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them and so far as they apply, to any office, trust, proceeding, right, contract or event, already affected by them. 10.15.010 Title For Citation--Designated: The ordinances embraced in this codificatioh, together with amendments or additions thereto, shall constitute and be designated the "Kenai Municipal Code" and may be so cited. 10.15.020' Title for Citation--Short Form: The Kenai Municipal Code may also be Cited in short form by using the letters "KMC" followed by the numbers of title, title and chapter, or title, chapter, and section--for example, this title may. be cited as "KMC 10," this chapter as "KMC 10.15," and this section as "KMC 10.15.020." 10.15.030 Title for Citation of Prior Code: The prior Code of Ordinances df the City of Kenai may be cited in short form by using the letters "KC" followed by the numbers of title, title and chapter, or title, chapter, and section in the same manner as for the Kenai Municipal Code. 10.15.040 Provisions--Numbering System: All additions or amendments.to this Code of Ordinances shall be numbered in accordance with the numbering system of this Code. Ord. 543-79, Page 10.15.050 Provisions--Preparation of Changgs: In the case of additions to this Code or amendments to, or repeal of, any provisions of this Code by subsequent ordinances, the Clerk or other revisor shall prepare new pages of the Code to be placed in the proper order to show such added provisions, to replace the amended provisions with the new provisions as amended, and to omit the repealed provisions. 10.15.060 Provisions--Ordinance as Prima Facie Evidence of Ch~n~e: The ordinances herein and subsequent ordinances as numbered and included in the Kenai Municipal Code, or omitted in the case of repeal, shall be prima facie evidence of such ordinances until this Code of ordinances and subsequent ordinances numbered and included, or omitted, are readopted as a new Code of Ordinances by the City Council. 10.20.010 Provisions--Additions to Code--Form: 1. In the event a new title, chapter, section, or subsection, not heretofore existing in the Code, is to be added thereto, substantially the following language shall be used: "That the City of Kenai Code of Ordinances is hereby amended by adding a new~ (fill in "title," "chapter," "section," or "subsection") to be numbered which shall read as follows:"; 2. The new addition shall then be set out in full as desired. 10.20.020 Provisions--Amendments to Code--Form: 1. Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section or subsection number of this Code in substantially the following language: "That (fill in the Code citation of.the portions to be amended) is hereby amended as follows:". 2. Following the above statement the portions to be amended shall be set out including all language which is to be added thereto in addition to all of the language contained therein prior to proposed amendment with the additional language, including any numerals or punctuation, to be underlined and with all language sought to be deleted therefrom, including numbers and punctuation, to be enclosed in brackets with all letters contained in said brackets to be capitalized. 3. In event of adoption of any such amendments, the Clerk or revisor, in preparing the revised provisions for inclusion in the Code, shall delete all underlining and delete all brackets and all material within the brackets so that the Code will then reflect only the wording effective after the amendment. Ord. 543-?9, Page 4 10.20.030 'Provisions--Repeal Requirements: Ail titles, chapters, sections, or subsections desired to be repealed shall be specifically repealed by title, chapter, section, or subsection number or other designation as the case may be. CITY OF KENAI ORDINANCE NO. 544-79 AN EMERGENCY ORDINANCE PROVIDING FOR THE WAIVER BY MOTION OF THE CITY COUNCIL, ANY PORTION OF TITLE 20, OF THE KENAI CODE, DEALING WITH TRA~SPORTATION. WHEREAS, the City of Kenai is now and has been for at least 36 days, without Taxicab service; and WHEREAS, George Miller has applied for and received a Certificate of Public Convenience and Necessity to operate from the Public Vehicle Commission according to City ordinance, and WHEREAS, the loss of taxicab service renders a hardship upon trade and commerce within the City, and upon the City's citizens dependant upon public transportation, and WHEREAS, the City is faced with the impending holiday season, placing an even higher demand and need for taxicab services in the City, and WHEREAS, the City's ordinance would make the prompt under- taking of service impossible by the new taxicab company without ability to waive certain requirements of Title 20, and WHEREAS, the City Council finds an emergency existing, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1= That the City Council declares an emer- gency to exist requiring the passage of this ordinance. Section 2: A new section added to Title 20 of the Kenai Code as follows: "20.05.190 Emergency Waiver: The City Council upon the request of any taxicab company may suspend all or a part of the requirement of Sections 20.05.080 and 20.05.160 by motion. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 19, 1979 Second Reading: December 19, 1979 Effective Date: December 19, 1979 (POSSIBLE SUBSTITUTE FOR) CITY OF KENAI ORDINANCE NO. 544-79 AN EMERGENCY ORDINANCE PROVIDING FOR THE WAIVER BY THE CITY MANAGER OF CERTAIN PORTIONS OF TITLE 20 OF THE 1979 KENAI CODE DEALING WITH TRANSPORTATION AND DECLARING AN EMERGENCY. WHERF2%S, the City of Kenai is now and has been for at least 36 days, without Taxicab service; and WHEREAS, George Miller has applied for and received a Certificate of Public Convenience and Necessity to operate from the Public Vehicle Commission according to City ordinance, and WHEREAS, the loss of taxicab service renders a hardship upon trade and commerce within the City, and upon the City's citizens dependanfi upon public transportation, and WHEREAS, the City is faced with the impending holiday season, placing an even higher demand and need for taxicab services in the City, and during a period of many parties and increased drinking of alcoholic beverages, the lack of taxicab service might influence more driving by intoxicated persons threatening the safety of all citizens using the streets, and WHEREAS, the City's ordinance would make the prompt ~nder- taking of service impossible by the new taxicab company without ability to waive certain requirements of Title 20, and WHEREAS, the City Council finds an emergency existing, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1: The City Council hereby declares an emer- gency to exist requiring the passage of this ordinance. Section 2: Paragraphs 2 and 3 of Section 20.05.080 of the 1979 Kenai Code are hereby amended to read as follows: "20.05.080 (2) Every taxicab and limousine accepting business from points originating within this municipality I Ord. 544-79, page 2 shall have some designation of the character of the vehicle affixed or painted in plain visible letters on each side thereof, and all taxicabs shall have an illuminated sign with the word "taxi" or "cab" or "taxicab" printed thereon, but for good cause shown the City Manager may grant a written waiver of this requirement for a limited period which will be determined by the City Manager and set forth in the waiver. 3. Taxicab companies shall select a color combination for their taxicabs and all cabs will be painted with that combination, but for good cause shown the City Manager may grant a written waiver of this requirement for a limited period which will be determined by the City Manager and set forth in the waiver. Section 3: Paragraph 1 of Section 20.05.160 of the 1979 Kenai Code is hereby amended to read as follows: "20.05.160 Taxicab Rates to be Computed: (1) The taxicab company shall meter all taxi calls. The taxi meters shall be the type or types commonly used throughout the United States. Inspection of such fares shall be monitored and approved by the Chief of Police. No taxicab shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger, but for good cause shown the City Manager ~ay~...nt a written waiver of this requirement for a limited period w~ ~ ~or~-o~ ~., ~ ~v M~,~ and set forth in the waiver. Upon paying his fare, each passenger making a request therefor shall be given a receipt showing the amount so paid and the name of the company or persons operating the cab, together with the number of the cab if such company or person operates more than one taxicab in the City." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA.this 19th day of December, 1979. Janet Whelan, City Clerk First Reading: December 19, 1979 Second Reading: December 19, 1979 Effective Date: December 19, 1979 CITY OF KENAI RESOLUTION NO. 79-167 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INDICATING'A WILLINGNESS TO ADMINISTER FUNDS FOR CONSTRUCTION AND MANAGEMENT OF A CIVIC CENTER FACILITY. WHEREAS, the State of Alaska, Department of Commerce and Economic Development has funds available to award grants to municipalities for the construction of Alaskan Cultural Facilities, and WHEREAS, the State of Alaska must receive assurances that the municipality will administer funds for construction and that the municipality will maintain the facility after co ~uction, and WB.~u~S, the Council of the City of Kenai desires that a Civic Center be built in Kenai for the benefit of all citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the City is willing to administer funds for construction and management of a Civil,Center facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th 4ay of December, 1979. ATTESTs VINCENT O' REILLY, MAYOR Janet Whelan, 'City Clerk December i2, i979 SUMMARY STATEMENT CULTURAL/CIVIC CENTER FOR KENAI The need for a Cultural/Civic Center in Kenai has been recognized for many years. A bond issue was passed in lg71 addressing this need, but due to diverse circumstances at City and State levels, funds were never available for this purpose, leaving citizens with a library only. Needs as presently assessed include: 1. An Auditorium 2. A Museum 3. A Visual Arts Area 4. Meeting Rooms Present facilities in Kenai are either non-existent or physically inadequate and/ or technically outmoded. Performing Arts Currently, Kenai Central High School Gymnasium is used for most performing arts presentations, with scheduling a major problem since this facility is used for competitive sports events, practice schedules, and conmunity adult recreation. For performing arts groups, acoustics are inadequate, proper lighting is impossible, and seating for the audience is back-breaking. Performances must be scheduled far in advance, and often require last-minute re-shuffling with on- going school activities. The Little Theatre at the high school accomodates only 140 people, which makes it useless for visiting performing groups, since our audience in attendance is usually in excess of 300 people. Last year, eleven performances were scheduled in the high school gym by Central Peninsula Concert Association, with attendance at one performance exceeding 700 people. The Kenat Performers have been inactive because of lack of performance art facilities. The Peninsula Dancers continue to present an annual performance in spite of lack of a theatre. It is planned that a medium-sized theatre with fixed seats for 600 people adjoin a flat-floor "forum" area with telescoping mechanized seat banks capable of holding an additional 400 people. This multi-purpose pavillion could be used for banquets, group conferences, trade shows, art fairs, dinner theatre, and square dancing. A caterer's kitchen enables this area to be used for a variety of public functions, even at the same time the theatre is being used in the adjacent area. A moveable wall unit would close off this multi-purpose area from the auditorium visually as well as acoustically. The Museum At the present time, there is no museum in Kenat. Heritage items are on display in the Senior Citizen Center, upstairs in the Old Fort Kenay Building. It is inadequate in size (approximately 700 square feet), is not adequately protected with fire humidity controls and safekeeping of irreplaceable articles is in constant jeopardy. Floor space is so inadequate there that donations of museum pieces and artifacts is impossible at this time, there is simply no place to put them. This make-shift Summary Statement Cultural/ Civic Center for Kenai (Cont'd) Page 2 December 12, 1979 The Museum .~o.nt'd) museum is housed jointly with the Senior Citizen Coordinator, who occupies part of the floor space. It is not accessible by ramp by handicapped persons, although there is a lifter for Senior Citizens to be hoisted from the center below. However, when the downstairs room is closed, an exterior stairway is the only way to reach the upstairs area. Kenat is such a historic place, a museum would offer both residents and visitors alike a glimpse into the past as well as providing a safe place for heritage objects. Vigual Arts The Kenat Fine Arts Center (the old City Firehall) is presently available for use by cultural groups. Fourteen arts and crafts workshops were held there during the past year, involving both children and adults. A gallery is open throughout they ear, but since the gallery space is needed for art classes, this presents the problem of shifting standards, re-hanging pictures, and re-structuring for every activityL However, this is not the major problem, the building is uninsulated and is extremely cold during winter months when it is needed most. The pottery room is also extremely cold, is not equipped with a sink and is not properly vented for firing pottery. In spite of these adverse conditions, there is a waiting list of people in the co~nuntty who want to take pottery classes. Benefit to C,o~untty Employment and business opportunities would increase by doubling the potential visitor tourism business and extending the season. Opportunities to attract plays, concerts, art shows and specific talent to the con, unity would expand. The economic stimulus due to increased revenues from gatherings such as conventions would help defray maintenance and operation costs of the civic center. Economic long-term gains would be evidenced if new industries felt that our coanunitywas a more desirable place to live, work, and play. Thus, the center would be an investment in the future. Maintenance and Staffing After Construction The City intends to appoint a board of trustees from non-profit organizations in the community to name or create a non-profit organization to operate the facility. Revenues from activities will accrue to this non-profit organization to be available for maintenance, staffing and programming costs of the facility. The City of Kenai accepts the ultimate responsibility of maintaining the facility. Should revenues from activities be insufficient to operate the facility, the City will provide funds as necessary to assure continued operation. Charles A. Brown, Acting City Manager CITY OF KENAI RESOLUTION NO. 79-168 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 AIRPORT LAND SYSTEM BUDGET: From: Airport Land-Contingency ($1,000) To: Airport Land Admin.-Professional Services $1,000 This transfer provides monies for the retainage of Ted Forsi and Associates to perform consulting services relating to airport grants. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 79-169 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BY MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Contingency ($3,500) To: Legal-Professional Services $3,500 This transfer provides monies to pay the November billing from Richard W. Garnett, III and Thomas F. Klinkner for attorney services relating to the Kenai Peninsula Newspapers and the Constellation Aircraft cases. · PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk Approved by Finance:~ CITY OF KENAI RESOLUTION NO. 79-170 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASK~ T~AT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Legislative-Professional Services ($800) To: Non-Departmental-Professional Services $800 This transfer provides monies for appraising General Fund La~ds. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk Approved by Finance:~ I CITY OF KENAI RESOLUTION NO. 79-171 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Finance-Repair & Maintenance ($80) To: Finance-Small Tools and Minor Equipment $80 This transfer provides monies to purchase two portable heaters for the Finance Department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 79-172 A RESOLUTION OF THE COUNCIL OF I~NAI, ALASKA ACCEPTING THE BID FOR THE PURCHASE OF A FIRE DEPARTMENT RESCUE VEHICLE EMERGF2~CY ONE. ~IEREAS, The City of Kenai solicited bid proposals for the purchase of one 1980 rescue vehicle, and WI~REAS, the following bid proposals were received: ,Option ~ Bidder Vehicle ,B, ?,se Delivery Total Pierce Chevrolet $2I, 955 $7,107 $29,062 Emergency One Chevrolet 21,093 ?,881 28,774 I~IEREAS, $28,??4 is available in the form of Federal Revenue Sharing t~onies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid received for the purchase of a Fire Department rescue vehicle be accepted in the amount of $28,774. PASSED BY TRE COUNCIL OF THE CITY OF .~NAI, ALASKA this 19th day of December 1979. VINCENT O'REILLY ATTEST: Ja~lVhel~n, City Clerk Approved by Finance Director CITY OF KENAI RESOLUTION NO. 79-172 A RESOLUTION OF THE COUNCIL OF KENAI, ALASKA REJECTING BIDS FOR THE PURCHASE OF A FIRE DEPARTMENT RESCUE VEHICLE. WHEREAS, the City of Kenai solicited bid proposals for the purchase of one 1980 rescue vehicle, and WHEREAS, the following bid proposals were received: Pierce O~rolet $21,955 $7,107 $29,062 ~nergency(~e (]~rolet 22,093 7,681 29,774 WHEREAS, $20,000 is available in the form of an appropriation of Federal Revenue Sharing Funds, and WHEREAS, all bids,'therefore, exceed the budgeted appropriation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that all bids received for the purchase of a Fire Department rescue vehicle be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: Janet Whelan, City Clerk Approved by Finance:_ C~ VINCENT O'REILLY, MAYOR CITY OF KENAI 4 P. O. BOX 580 KENAI, ALASKA 9961 TELEPHONE 28S · 7S~S December 13, 1979 Hemo To: From: Subject: Kmai City Council Charles A. Brown, Finance Director Fire Department Rescue Vehicle The resolution regard/nE the rescue vehicle rejects the bids received. Both bids exceed our budget by so~e ~9,000 to $10,000, As ! reported earlier, theFederal. Revenue Shat/n8 (I~S) Fund has available through Juae'30, 1980 approx/~ately $334,000. Ordinance ~ 533-79 appropriated ~306,750. This leaves about 827,250. (! suggest that this is a minibus figure: indications are that our lqLS this year may be about $20,0.0~,,' higher-than ! had origiaaLly estt_~a_ted.) As I see it, the Cpuncil has two choices: 1) Fail the resolution and make a motion to accept one of the bids. If this is done, there must be aa understanding that a further appropriation of FRS Funds of $9,000 to $10,000 ~rll! be approved, or 2) Pass the resolution and ditect the ¥ire Chief to search for a lighter vehicle that can be obtained for $20,000. He has indicated that he should be able to 8et a standard 2 ~O, 3/4 ton vith generator and utility box for that amount. See his memo to me dated December 13, 1979 for more information. KENA! FiRE DEPARTMENT CITY OF KENAI ':':""' ' " BOX 598 · KENAI, ALASKA 99611 Deeembe: 13~ ~979 /' '-;,, ,-, ..'.. ,~ ~? ~.. · O: Cha:les Broun. Rct£ng City Manager FROMt W. Ro ~inston. F~re Chte~ SUBJECT; Bide on ~ire Oepartment $cl~acl ~:~ck Fo~lo~iag is a break clo~ o~ the bids :ecetvecl. Bide ~ere seat to £our known man~£actu:es o£ th~s type vehicle, only t~o companies bicl~ both are over estimated cost. Both appear to meet all minimum specifications. BIDDER VEHICLE BID Utah-LaGrange no bid Pier=e (NBC Fire Eng.) Chevrolet $21,955.00 FOB Appleton, Wis. O'Neill Seagraves Emergency One (S.E.A. Fire Equip.) Chevrolet no bid $22,093.00 FOB O=ala, Fla. These are the basic bid prices FOB their factories. We also asked for several optional items that bring the bids higher yet. (1) (2) (3) (4) Portable Generator 4 Telescoping Flood Lights Front mounted winch Gold lettering FOB Kenai page 2 Squad Truck continued: RE-CAP PIERCE DELIVERY DATE EMERGENCY ONE 90 to 120 FOB FACTORY 30 to 45 days days $21,955.00 Base Bid $22,093.00 Chevrolet Chevrolet $ 2,500.00 FOB Kenai $ 3,600.00 $ 1,898.00 Portable Generator $ 1,850.00 3KW $ 1,388.00 4 Telescoping flood lights $ 736.00 (500 W. Qtz) (500 w. Qtz) $ 1,092.00 Front winch $ 1,145.00 $ 229.00 Lettering $ 350.00 $29,062.00 TOTAL $29,744.00 My only comment would be that the price seems to be escalating on a weekly basis as both bids are only valid for 15 days; we do need a vehicle of this caliber. If we down grade our speci- fication to get a lower price, we will have to forfeit many of the rescue type capabilities, such as four-wheel-drive, winch, flood lights and generator, (a smaller, lighter vehicle would not have the load carrying capacity). Respectfully, W. A. Winston Fire Chief WAW/mp KENAI FIRE DEPARTMENT CITY OF BOX 598 · KENAI, ALASKA 99611 Oecer~be~ ].3, 1979 TO: FROM: SUBJECT: Charles Brown, Acting City Manager W. A. Winston, Fire Chief Bids on Fire Department Squad Truck tgALT~ A. WINSTO]~ Following is a break down on the bids received. Bids were sent to four known manufactures of this type vehicle, only two companies bid~ both are over estimated cost. Both appear to meet all minimum specifications. BIDDER VEHICLE BID Utah-LaGrange no bid Pierce (NBC Fire Eng.) Chevrolet $21,955.00 FOB Appleton, Wis. O'~feill Seagraves no bid Emergency One (S.E.A. Fire Equip.) Chevrolet $22,093.00 FOB Ocala, Fla. These are the basic bid prices FOB their factories. / We also asked for several optional items that bring the bids / higher yet. / (1) Portable Generator (2) 4 Telescoping Flood Lights (3) Front mounted winch \. SUGGESTED SUBSTITUTE CITY OF KENAI RESOLUTION NO. 79-173 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING RATES TO BE CHARGED BY TAXICABS WITHIN THE CITY OF KENAI. WHEREAS, Section 20.05.130-2 of the 1979 Kenai Code states that rates to be charged by taxicabs shall be fixed by resolution of the Council pursuant to a recommendation of the Public Vehicle CommisstoD, and WHEREAS, the Public Vehicle Commission determined at a meeting held December 14, 1979 to recommend that the taxi- cab rates should be increased to $2.10 flag drop, $1.60 per mile, $.20 per 1/8 mile, $18.00 charter per hour, and $.30 per minute, and WHEREAS, the Public Vehicle Commission has recommended such rate increase to the Council and the Council has deter- mined that such rate increase is justified, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Rates charged for conveyance in taxicabs shall be: (a) $2.10 - Flag drop (b) $1.60 - per mile $.20 per 1/8 mile (d) $18.00 - charter per hour (e) $.30 per minute PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. VINCENT '~%REILLY, MAYOR ATTEST: Janet Whelan, City Clerk CITY OF KENAI RESOLUTION NO. 79-173 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING RATES TO BE CHARGED BY TAXICABS WITHIN THE CITY OF KENAI. WHEREAS, Section 20.05.130-2 of the 1979 Kenai Code states that rates to be charged by taxicabs shall be fixed by resolution of the Council pursuant to a recommendation of the Public Vehicle Commission, and WHEREAS, the Public Vehicle Commission determined at a meeting held December 14, 1979 that the taxicab rates should be increased to $2.10 flag drop and $1.60 per mile, and WHEREAS, the Public Vehicle Commission has recommended such rate increase to the Council and the Council has deter- mined that such rate increase is justified, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF K~NAI, ALASKA as follows: Rates charged for conveyance in taxicabs shall be: $2.10 - .Flag drop $1.60 - per mile Other rates fixed for conveyance in taxicabs remain unchanged by this resolution. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk CIT'Y CAB CO)IPANY Pro Forma Statement of Earnings 1980 .Revenue Expense ~o~issions Gas & maintenance Wages & taxes Insurance Office rent Advertising Phone Depreciation Interest expense Total Expense Projected Income Cash Cash Projected Cash Flow 1980 received from operations Paid Out: Co~isaions Cas & maintenance ~lages & taxes Insurance Office rent Advertising Phone Loan payments Total Present Rate $62,23,2 24,892 13,797 6,570 3,200 1,800 500 &O0 4,479 2~256 57,894 862,232 24,892 13,797 6,570 3,200 1,800 500 400 7,236 58,395 Projected Rate ~98,367 38,946 13,797 6,570 3,200 1,800 5O0 400 6,479 ~,256 71,948 $26,619 $98,367 38,966 13,797 6,570 3,200 1,800 50O 4OO 7,236 72,449 Projected Cash Flo~ $ ~,,837 $25,918 FEHICLBS Automobile Au~omobile CITY CAB CONPA,T/ Vehicles & Equipment 7,000.00 ,.7,ooo.0o ~.14,000.00 EQUIP~IENT ea. G.E. ~IASTR II Repeater/Base Station ea. Local Controller ea. Century II 25 l~att }iobile @ $621.00 each ea. Base Antenna ea. Auto Interconnect ea. Hobile Eric@der ea. HobileAntenna @ $38.00 each 3,310.00 409.00 1,242.00 264.00 1,750.00 175.00 76.00 ~ 7,226.0~ ~ CITY OF KENAI RESOLUTION NO. 79-174 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING THE ~PS PREPARED BY GLACIER STATE TELEPHONE AS THE OFFICIAL C.ITY OF KENAI HOUSE/BUILDING NUMBERING PLAT BOOK. $fltEREAS, the City of Kenai Code, Section 14.15.080 requires that "a plat book of'all streets, avenues and public ways within the City showing the proper numbers of all houses or other buildings . . . shall be kept on file in the office of the Director of Public Works~ and WHEREAS, plats and/or card files which have been prepared in the past have not been implemented or updated, and WHEREAS, Glacier State Telephone has prepared plat maps conforming to established baselines and numbering systems within the City of Kenai, and WHEREAS, the City of Kenai Planning and Zoning Commission has recommended adoption of the Glacier State maps as the official House/Building Numbering Plat Maps. NON, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF K~NAI, that these maps,be adopted by the City of Kenai as the official House/Building numbering plat maps. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of December, 1979. Vincent O'Reilly, Mayor ATTEST: Janet Whelan, City clerk CITY OF KENAI CONSENT TO ASSIGNMENT OF LEASE The Assignment of Lease from THOMAS R. SMITH and GAIL A. .SMITH, to RONALD J. SWANSON dba RON'S RENT-ALL SALES AND SERVICE, ~covering the following-described property: Lot 6, Block 5, Small Aircraft Apron Subdivision according to the official Plat filed June 13, 1967, in the Kenai Recording District, Third Judicial District, State of Alaska, including the 6~' x 19~...' metal building situated thereon. : IS HEREBY ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the orginal Lease dated April 14, 1967, executed by the CITY OF KENAI, Lessor, to BOLSTRIDGE and SMITH, Lessees, for a term of 55 years which was ?ecorded May 23, 1967, in Book 26 at Page 226, and the interest ~f BASIL S. BOLSTRIDGE and ELIZABETH W. BOLSTRIDGE therein having lbeen ASSIGNED to THOMAS R. SMITH and GAIL A. SMITH by a Quit IClaim Deed dated February 25, 1976, which was recorded March 16, I~976, in Book 93 at Page 526. i! THIS CONSENT iS given by the City of Kenai without waiving !any right or action, or releasing the As~i=nor from any liability !'or responsibility under the aforementtoned"Lease, and does not llrelieve the Assignee from the condition requiring City approval ~or any subsequent sublease or assignment. .; 'STATE OF ALASKA THIRD JUDICIAL DISTRICT On this day of CHARLES A. BROWN ACTING CITY MANAGER SS. , 1979, before me personally appeared CHARLES A. BROWN, known to be the person who executed the above instrument, and acknowledged that he (she) had .the authority to sign, for the purposes stated herein. NOTARY PUBLIC FOR ALASKA My Commission Expires: BEN T. D£LAHAY gO~ / ~,ez.~e3e APPLICATION FOR PET~IIT FOR AUI~IORIZED GAr. lES OF CHANCE AND SKILL R£TURN TO: Dept. o£ Revenue - Audit Games o£ Chance & Skill Pouch SA Juneau, Alaska 99811 PERHIT FEES: $20.00 due with appXication IY. of entire net proceeds due with annual financial statement FIRST APPLICATION PERI-ilT RECEIVED PREVIOUSLY APPLICATION IiUST BE COHPLETED IN ACCORDANCe- I~ITH ORGAIilZATToN:~-~- J Name: A~tdress: UA IFiCA S FoR A. ~ype of organization (Check one) (I).,. P/~Ctvic or Service (2) Religious (3) Charitable (6)_ Veterans (7), Police or Fire Company (8)__~Dog Nushers (&) Fraternal (9) ..... Fishing Derby (5) Educational (10) , ', Political (I1) Labor SCare how long organization has been in existence,~- Reco~nized as a non-pro£it organizat£on under the Federal Income Tax Laws. ~nclu~e a copy of IRS Certificate tf not previously submitted D. Affiliation with National Or§anizaCion: Name Of National: Headquarters Address: ,, E. Organized as a~Cot~ogation;. Association;.. or., O:her ,, Partnership;___Firm ) Include a copy of original C~arter, By-Laws and a current list of 25 local members, if not previously submitted. *~*ALL ANSI,IERS }lUST BE PRINTED IN IHK OR TYPEI:RITTEN*** FO~ 0&-6&3 (10/76) TO BE CONDUCTED: ~~ (3) Ice Clausics (6) Fish Derbies .(2) ~. ?affles & Lotteries (6)..~ Rain Classics (?)_.~.._Contests of Skill (5), Dog Hushers Contests List types o£ games by comon name if other than those listed above. See Sec. 05o15.180; 15 AAC 05.410 and 15AAC 05.450. Name Title Home Phone S~h~gL~ "I! ' ~'--ERSONS IN CHAR'O~-~F~OAI~S (~Iust' be a mesh'er of per~'~:~e' °'rs. hni'~a~io.n) Name Title SCH~DU~£ ZTI~: 'DATES' AIqD HOb-s.q' 'OF O~: " Bingo games must not be held. more ~an 9 times a month ~i~ 35 games per session Date aour Date D~IC~TIO~ OF NET P~OC~S: Home Phone Estimated sross receipts (yearly) $$~ O,o..~'f~ _ S~te the specific purposes for ~htch the entire ne~ proceeds are to be ~e certify that all the officers and all the persons in charge oE&ames are of good moral character and have never been convicted of a felony. ~e certi£y, under the penalties of perjury, r. hat all o£ the statements contained herein are true and correct to the best of our knovledge and belie£. CITY COUNCIL APPROVAL of .~ ..... .'. ..F,~rcmn, D1 ek · .l~.varrc, Ceor:;,~ · · Se .~. our, cot. al '-F~ek, .rohp ?ox 57~, Eox 12, "oX 23P., ~c.]dotn~ 'lox ')?I, ~:enat. qnx qfl, *~ox 3.'<1 ',mai :~.~¢,. 7771 :'- r.:tt "o:' 597, CERTIFZCATE OF INCORPORATION The undersigned, as Commissioner of Commerce of the State of Alaska, hereby'certS[les that duplicate originals of the ~t~ticlee of lncozl~oration of Peninsula Oilers Baseball Club, Inc. duly signed and verified pursuant to the provisions of the Alaska Non-Pro£it Corporation Act, have been received in this offioe and are found to conform to law. ACCORDINGLY the undersigned, as such Commissioner of Co~merce, and by virtue of the authority vested in him by law. hereby issues this Certificate of Incorporation of PENINSULA OILERS BASEBALL CLUB,INC. and attaches hereto a duplicate original of the Articles of Zn~o~poratio~. ~, IN TF. LTI'IMONY WHEREOF. I have hereunto ~et my* hamJ and afllxed my ~flelal ~1. al &u~au. ~ ~. ~ 11 they of Apr t 1 ~. ~ 74 .... ~ION~ OF ~~ ARTICLES OF INCORPORATION OF PEI~II~SUI~% OILERS BASLDALL CLUB, INC. FILED FOR RECORD DEPARTMENT Ol:' COMMERCE STATE OF ALASKA APR ]. ! 1974 We, the undersigned, being natural pnrsons of lcgal age, hereby mutually agkee to unite and associate ourselves as a non-profit corporation, and for such purposes we hereby make, execute and adopt the following Articles of Incorporation. ARTICLE I The name of this Corporation shall be PENINSULA OILERS BASEBALL CLUB, INC. Kenai, Alaska. A~[TICL].: 'I I ' The objects and purposes for which this corporation is formed are as follows~ Section 1. To promote athletics, particularly baseball, in the Kenai'Peninsula area. To recognize outstanding achievement, particularly in baseball, in the Kenai Peninsula area. To foster, promote and organize recreational activity and facilities in the Kenai Peninsula area. To recognize outstanding contribution to the cor~mun~ty ~.n these endeavors: a. To acquire or receive, to take charge of, hold and manage all property, real and personal, that may at any time or in any manner coma or vest An this Corporation for any pur!?ose whatsoever, whether by tse, gift or grant; and to dispose of any and all real and personal vested in this corporation as the necessities of this Cor.p.~ration may require,.. b. To borrow money up to the limit of the Corporate indebtedne~s, to act as the agent or rep.resentative of any members or mez~ber in any of the above mentioned activiti~s; to establish reserves and to invest 'the funds thereof An bonds or in such property as may be provided by the By-Laws. Section 2. This corporation shall have the power to do any and all things lawful, necessary, desirable and convenient, to carry out directly and indirectly, its objects and purposes, provided however, that none of its assets shall inure to the profit or monetary benefit of any of its members. ARTICLE III The ~)rin¢ipal place of business of this corpo.ration shall be Kenai, Alaska. The registered agent.for process shall be Robert Love, Box 607, Kenai, Alaska and that the office shall .be located in the' Decor Building, Kenai, Alaska. ARTICLE IV The period of existence and duration of this Corporation shall be 50 years, or until legally dissolved. This corporation shall be in existence when articles are filed as prescribed by law. AI~TICLE V The object of this corporation'is other than for profit, and there- for9 there shall be no Capital stock issued; the membership of this -2- .~poration shall be coml~ed of persons interested in the purposes ~escribed hereil~. The incorporators shall conduct the affairs of this corporation until the first meeting of men,)ers. Section 1. ~embers shall be persons who have evidenced an active interest in the purposes of this' Corporation and have paid annual dries as provided in the By-laws. Section 2. Each active m~ber, as defi,~ed in ~y-laws, shall be e~tieled to vote at. meetings of the membership of the Corporation. ARTICLE VI · . The highest a~unt of indebtedness or liability to which this Corporation shall at any time be 'subject is Five llundred Thousand Dollars ¢ ] oo,oo.°oj ARTICLE VII ,Section ~. The affairs of this corporation shall be managed by a ~oard of Dlrectors composed of not l~ss than three [3) or more than thirty-five [35) members. This Doard shall elect ~e officers pre- scribed An Sections 2 and 3 of this article. Directors shall be elected at the corporation,s annual meeting which shall be held on the third .~onday of February each year. Section 2. At the first such election of directors, dlrectors ~ha~l be elected for th~ term of one year or unti~ their successors are luly elected and qualified. Section 3. Officers shall consis~ of a President, Three V£ce-Presi- fonts, a Secretary and a Treasurer, who shall be elected by the Doard f Directors on the day of the first meeting for the term of one year r until their successors are duly elected and qualified. Such officers -3- ~s a Fiscal Manager and a Fiedl Manager shall onstitute the executive committee of the Board. The Teasurer, Fiscal and Field Manager need not be mez.~ers of the ]~oard, but shall have no vote on tho executive committee unless he is also a Board Article VIII The first me,ting of incorporators shall adopt Dy-Laws consistent with these articles and with the laws of the State cf Alaska, to make effective the provisions of these articles. A majority vote of members authorized to vote at such meeting shall .be required for adoption. ARTICLE IX These Articles of Incorporation may be altered or amended at ~he annual meeting of the members of this corporation by a vote of two-thirds ~f the voting members present or represented at the meeting or at any spe¢£al meeting of members called for that purpose. No amendment of thu Articles of Incorporation shall be made at any special meeting unless · a notloe i~'mailed to each member at his last address of record, at ~eat 10 days prior to such special meeting stating that it is proposed that the A=ticl~ b~ amzended at such special meeting. When such notice is given, a majority vote of those presnt shall be sufficient to amend or alter these articlus. Any amendments adopt:.~d at any meeting shall be executed and ac]:nowledgcd by the officers in whom thc. management of thr affairs of the Corporation is vested, and shall be filed and r~,corded in the same places and manner as the original articles. ARTICLE X The Corporate Seal shall be: A circle formed by the words: PL~4I~'~SULA OILL'RK DASP-BALL CLUB, IHC. -4- Id this corporation be legally d~.~,solv-':d, all assets, property or mterial belonging to the corporation shall become the proI.,erty of the City Of K~nai, l{enai, Alaska. INCOIiPORATORS ADDRESS P.O. Box 6u'/ - K~:nal, Ala:;ka P.O. Box 1101 - Konal, Alaska P.O. Box 465 - Soldotni~, Alaska ~ATE' OF ALA$I~%, //' TIIIRD JUDICL%L' DISTRICT, named I4ike Huss ~obert W. Love .._Richard__l. Mo~_S~tt ....... -- Rex Bund i_~ek_ to me known to be thz i~entical persons described in and who em:ecuted the within and fore,going in~.trum:u'~t and cw-.'h acLno'~iedqed to {,.~ that he executed the saree as his frae and voluntary act for theuses and purposes therein set forth. · -WITNESS my hand and notarial seal on the day and year first above written. Notary I'ubliq/in and for Alaska Commission -6- ,,.:. EDA Pro~ect t~o. 07-51-~0074 , PERIODIC ESTI~TE FOR'PARTIAL PAYMENT ....... r ......... ~novatJo~ of ~e11 Kouse 101. ~naJ.'~laxka -. · ~ckfo~ ~rporatJon - ~. '.:~:.. '.,. P. 0. ~x 10-1706 '~ · ~chora~e. ~laska 99611 "· ~ -' ' ' '~ ... ' 1. COST OF WORK C~PLETED TO DATE UHDER ORIGINAL CONTRACT oNLY - '- ,.. Co,urns (6) .~ ~ ~os..~ ~o,~ e~c,cd ~o ~.~c u~, ~. ~vel ~ old equJpmn~ LIS g,S00,0C 3. Furnish end Jns~11 ney p~s, .. piping, end ~l~d conc~ work L/S 67,6~.0G ~ 65,572.00 2,028.00 97~ 4. Fu~1sh and 1ns~11 g~a~Jng sys~m L/S 17,~0.0G ' I7,~0.00 -0- 100~ ' I00~ 5. FurnJsh and 1ns~11 add?~?on "" ~ pu~ house L/S 12,100.0G~ 12,1~.00 .... 0- 6. Fu~?sh and trisoll elec~Jca: ~rk L/S ~,OOO.OO/ 36,8G0.00 1,140.00 972 : ~,-..-.~.~- . ~ . .-~ ~ :. · ,. · . .. ~ .... ~: SCHEDULE OF CONTRACT CNANG[ ORDERS ': ADDITIONS TOOmGI#&L "' 1. ~ Zns~11 ~e in ~er ~Jn ~,95~ 49 1',955 ~9 . . O~ .:.. ~. .~ :~.' ; - . ........ : · ~.~. . . . ~ · . . . . .... . · ~.~.~ .. '.~ .......... ~ ~ ~ ~ ~ ~ _ .. ~ ~ ~ · ..'. .. . ' : ..... .'¢%".. · · .~ ~ ..""" ..,.: .~ .. '_:' .. .... - .... .;: ~ "; : ';-". "5';'~. :. ' - TOTALS 1,95519 1 955149' ~.~NALYSIS O~ ~JUST~D CONTRACT AMOUNT TO DAlE ~ 'Cd) Adi~*ed CMUK1 ,m~M COd,,, ..... $~G1.45S.49 4. ANALYSIS OF ~RK PER~OR~ED $156,332.00 14~.458.74 ~) ~b,~ d (,)~ cfi ,- 117,666,~ ~) Less: A~m of ~evGNo ~y~MO , , , ~ 24,792.74 G) BALANCE DUE TH~ PAYUE~T S. CERTIFIC~TIOH OF CONTR&CTOR · Si&Md ~'- ~ /- * 7. PRE. PAYMENT CERTIFICATION 8Y FIELD [HGINEI R O~GIM~ COPY TO ~ .... ~ I ~*~e c~cked ,his estimate );~;n~ t~ c~t,~c~M's SeMite ~ Xm~ts f~.Cm?dce Pa)'~J. t~.nof? o~ · -vv carmen vincent gintoli, architect e OX ;~50.4 _ p[o_fe_~ional, building suite 210 nal, alasKa 99§11 - 907 283'7732 . December 6th 1979 City of Kena~ Box 580 Kena| Alaska, 99611 A,,en, lon: Mr. C. A.. Brown, Finance Director Acting ~l,y ManageE · RE: Invoice' ~or A~chttectural Ser~.Ices City Hall ProJect I.NVOICE Payment Due for Schematic Deslgn Phase in accordance with Contract dated Nov. 26 t979 'Thank you $4900.00 City of Kenai Box 580 Kena i, Alaska CH2M ~]~1 i engineers planner.~. economists scientists 9961.1 Anchorage Office 310 K Street. Suite 602 Anchorage, Alaska 99501 907/279-6491 Date November 15, 1979 Job No. K12720.00 Cliem Ref. No. Invoice No. 9999 Attn: Mr. Charles Brown, Acting City ~nager STATEMENT For professional services frm September 25 through October 2q, 1979 regarding the Sewerage Projects design. For detail regarding this billing period refer to Progress'Report No. 7. Professional Services $39,395.85 Fee '~ ~ I~ 6,30#.15 Total $q5,700.00~''~ AJ~PROVED BY CITY O~ KE~Ai CLERK ORiGiNAL COPY TO $q5,700.00 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF I% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. CH2M ': '"HILL engineers planners. eCOllOf]l~St S scientists November 28, 1979 !(12720.00 Ur. Charles Brown Acting City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Charles: Re: Kenai Sewerage Projects Design Project Report No. 7 During October the sewage treatment plant and interceptor designs progressed as scheduled. Final design of the outfall line began in November. Significant project progress is summarized as follows: Se_~.T~9.£ Treatment Plant o Completion of all design drawings through the third or fourth check set stage. o Contract specifications ready for review. Meeting with City on October 2, 1979 and incor- poration of comments into the design. Plant visit for data gathering by Gordon Nicholson and Loren Leman. O Further discussions with Gardner-Denver regarding aeration basin blowers. Discussed removal of the sign machine with Bill Nelson. 0 Submitted letter to the ADEC regarding Region X design guidelines. v Anchorage Otlice JIU N :;t~o~'t. ~,~:~ h, ~r,lg,., -~:,l~kd 99301 cio' 27t~-~491 Mr. Charles Brown City of Kenai November 28, 1979 K12720.00 Page 2. Interceptor o Submitted 50% complete set of plans to Kenai Utility Service Company, Glacier State Telephone Company, Homer Electric Association, and City for review and comment. Correspondence with City regarding interceptor dated October 23; received review comments from City. o Completed in-house review of interceptor drawings. o Mustafa, Hong & Associates scheduled to visit Kenal during the week of November 12, 1979 to review, right-of-way maps, property ownership maps/records, city water line drawings. Drawings and specifications for the entire project will be submitted to the City, the ADEC, and EPA during December 1979 for review and comment. Sincerely, Loren D. Leman, P.E. bja cc: K. Kornelis M-E-M-O-R-A-N-D-U-M Report to: From: Subject: December 11, 1979 Mayor and City Council Charles A. Brown, Finance Director C~ Council Meeting of December 19, 1979 (1). NEW CITY HALL: Now that design work for the New City Hall has begun, we need to establish, as best we can, the funding sources. The best estimates I have at this time show the cost of the building, site development, and road, water, and sewer extension as follows: Road, Water, Building Site and Sewer Total General Fund $698,000 $42,000 $75,000 $815,000 Bond Money(Health Ctr) 112,000 TOTALS ..... $8.10,000 ...... 120,000 $75,000 $935,000 General Fund Source: Reserve for Capital Improvements: Balance $ June 30, lg7g ............................ $400,348 Less Shop Transfer ................................ .<37,500~ Expected addition 197g-80 (1/3 sales tax) ......... i..362,667 $725,~15 Thus, to June 30, 1980, we may be $90,000 short. If we assume the 1980-81 sales tax will be about the same, another Sgo,ooo should be added in the quarter July - September lgSO. Bond Money Source: The Health Center and a proportionate share of lobby and restroems may be charged to bond money. There are about $335,000 in this fund. It would appear the funding for the Health Center portion is, therefore, available. I have yet to receive data from the Civic Center Committee on their needs. The point here is that the Council needs to fully understand that other bond monies (water, sewer, streets) are nearly gone. The reserve for Capital Improvements (1/3 of sales tax} is to be used for capital expenditures as the Council sees fit. There are many demands for this money: Water, Sewer, and Street Improvements, Fire Substation, Warm Storage (should this not be approved by ADAP),etc.. If we use all of our reserve monies for the City Hall, the reserve will not From Charles A. Brown Bond Money Source (Cont'd) start being replenished again until the Fall of 1980. I can then see no funding source for any other projects of any size, until the sun,her of I981. One solution would be to have authorized $800,000 of G/O Bonds to build a City Hall.' I talked with Dave Rose of the Alaska Municipal Bond Bank, and he sees no problem with either the project or the City's financial capabilities. The annual debt service payment over 20 years at 9% on $800,000 is $87,637. The City has two debt service funds now of any size: 1967 and 1974 refunding; The 1974 refunding is supported by 1/3 sales tax and special assessments. These funding sources are adequate now and will be more than adequate by 1983 when the annual payment drops from about $400,000 to $300,000. The 1967 issue is supported by transfers from water and sewer and an interest income dedication. Last year, these sources produced $358,353 of revenues in excess of debt service requirements. Therefore, the funding for a new bond issue (City Hall) can be accomplished through the interest revenue, an existing source. (2) General Fund Contingency: The contingency account is now $8,600 (original amount at July l, 1979 was $30,000). We have been presented with another bill for attorney fees that is approximately $3,500 that will require another transfer. This leaves $5,100. This means we will have used 83~ of our contingency in less than 6 months. Historically, the need for contingency funds has been in the second half of the year when accounts get low. While I am not judging the need for the items for which money is transferred, it does seem to me that we should give greater consideration to using contingency monies for emergency items rather than items that were simply not planned on or budgeted at July l, 1979. A list of General Fund Transfers follows: Resolution # Department Amount 79-102 Fire-Painting $1,500 79-111 Animal Control 700 79-117 Streets(signs) 6,000 79-151 Harbor Con~nission 650 79-154 Legal(prof. svs.) 4,000 79-160 Streets{repair) 5,000 79-164 Various Conmunications 2,050 7g-166 Legal-Transportation 1,500_ (3) Personnel Ordinance: ,-,~,,,v.. .......... ~., & City From Charles A. Brown Page 3 Personnel Ordinance (Cont'd) The personnel ordinance states that "No such temporary assignment shall exceed six (6) months." On December 20, 1979, my 6 months as Acting City Manager will expire. The Council should, on December 19, 197g, appoint a new Acting City Manager, assuming a permanent one is not on board by then. The City Attorney interprets this to mean that I could be re-appointed. BOX 157 KENAI. AI-ASKA 996ll NOV~aB~m Bi i Il Illl I CIRCULATION Adult Juvenile Fiction 10~ 26§ Non-fiction 1201 97 Total Book Circulation Fires, Phono~tses, Pamphlets, Periodicals Total Circulation ADDITIONS Aau/t Juvenile Pu.rehases 133 ~ Total Book Additions R~D~A~ AVD ~O~K~D BOOE~ Easy Books 719 Easy Books 2 3710 Total Aault Juvenile Easy Books Total - ~8 1 8 57 ]h~ERLINRARY LOANS Ordered Books 38 Phonoaises/AV 3~ I~¥ LOANS BY OUR LIBRARY Received Returned 33 29 8 3955 2~0 V0LUaTE~=.S Number Tote/ Nours 215 F/nee and Sale Books ~ost or Damaged Books Xerox Donation $320.15 39.70 115.75 10.00 Total Income for November BOX 157 K£NAi. ALASKA 9961! ~O;?B~B~ 1979 Xenat $ol~otna Clam 6ulch Easilof Sterling 96 30 6 Total Borrower's Cards for NovemBer, 1979 CITY KENAI CITIZEN PETITION ~ONTHL¥ REPORT DATE RECEIVED .Robin Nyce 11/S/79 Nick Longita~o 11/6/79 ~'~-s. gilgore 11/9/79 Larry Hobby 11/9/79 SERVICE REQUESTED Fairfield Co, is dynamite blasting in V,I,P, Sub.- do they have the right? · Mater backing up from street into his ~riveway, . tlighbush is very muddy and grader needs to trench the road. Spruce St. has a ditch across the road. DATE INVEST. COMPLETED lZ/S/?9 11~16/79 11/16/79' 11/16/79 .Mike ~eeks 11/9/79 John Arsenau~t 11/9/79 Karen Rogers 11/13/79 Darlene NcCollum 11/11/79 I Konzek 11/14/79 Mrs. Sorenson .11/14/7g Mrs. l~ats 11/15/79 Nancy at .11/16/?~ ~ed. Center Mr. Dinger 11/20/79 Morgan DeForest 11/23/79 · illow St, has been left in a terrible condition esp, by Post Office and D~A ~illow St, near long:term' parking needs gravel - 4" drop off where sewer line crossed. Cinderella St. is Flooded. Cinderella St. is flooded. Condemned Building on'Riverview needs to be removed. Road to Catholic Church at creek is washed out. 11/16/79 tl/16/79 11/16/70 ' .1~/16/79 ~1/16/79 11/16/79 Cinderella is'very bad. 11/16/79 Ro~d past Benco Building needs ~rading.'. 11/20/79 Road going into ¥IP Sub. needs to. be graded - Graded Sanddollar but not this. 'G~ader ·took- do~n part of stone wall DATE CITIZEN ~OTIFIED DEPARTmENtAL REPORT Contacted Union Oil - they have a per~it to do seizmic testing ~ater drained. ' Street graded. Street needs extensive work done to surface to correct problem. Filled potholes with gravel, Pavement break filled with gravel Unable to drain at this time. Unable to drain at this time. : Building i~ being torn do~n:: Road and bridge will be repa~ed .as time allows. Unable to drain a~ this time.~? Surface of street frozen and-~.- unable to blade at this tlme.]. Road has bee~ graded...' ' "· ~he~ the sno~'goes. Street forem~g will assess damage DATE ~.U-iE RE,CEIVED · Stan ~ells 11/26/79 Everett Hudson 11/26/79 Dan Krogseng 11/29/79 Jackie Roberts 11/30/79 CITIZE~ PETITIO~ NONTHL¥ REPORT SERVICE REQUESTED Snow berm in driveway DATE INVEST. CO~IPLETED 11/26/79 11/26/~9 11/29/79 11/30/79 Snow berm in driveway 16th Ave. across from Oilers Park needs to be plowed. Mater is staining clothes. DATE CITIZEN ~OTIFIED City does not clear berms in driveways. City does not clear b~rms'in driveways. City does not maintain this road. ~ater crew will check out problem. DATE RECEIVED Poh Parnold .II/2/79 Sandra %'ozar 11/$/79 -~. Ltnda fiwarner 11/S/79 Pon Refreddy II/6/79 ?ary ~oofer '11/7179 ~aryl Jose 1117/79 Jac}ie Vaughn 11/7/70 For l~'rirht 11~7/79 Iris Barton 11/13/79 Scott Jackson 11/15/79 r!nureen Hiller 11/13/79 Ki~ Lofstcadt '11/14/77 Cale Xey~erer 11/14/?~ Jerry ~foss 11/16179 lfrs. Cart 11/16/79 CITY KENAI CITIZEN PETITION MONTHLY REPORT SERVICE REQUESTED Lost fe~aIe Pitt F, uII. l':ihh~ood l~xt. ,~:eil'hhors do~ 'destroying tenants property. do?. botherinl, daul, t~ter on ~'ay home fron school. l.ost Ger. Shep puppy, l:ild~.:ood Ext. l.ost Great Pyrenees & t.'hite Shep. Northgate .gubd. Lost .eanoyed-Husl. y.K. ~,each Lost .gib. liusky .'1 ltd. !}og is running loose in Trailer Stray Poodle at Illth School Lost I)ol,ernan Pinscher llighland Trailer Ct, Lost cat. Beep~..'ood ~ano{- Lost Ger..Shep. f, !:e~cfoundland In Valhalla Sut;cl. Bogs running loose in Inlet Sul)d. Bogs r.unning loose 4th i Birch Lost cat Beaver loop P.d. DATE IRVEST. COMPLETED 11/2/79 11/7/70 11/7/79 ' 11/13/79 DATE CITIZEI¢ NOTIFIE~ REPORT Lost File Citation issued Contacted cln~s o,.-:ner Lost File Lost. File Lost File Lost File Patrol Daily A T P Patrol Bhil¥ A T .~ · Lost File Lost rile Lost file Lost File Lost File Cnntacted Hrs. ~rirht about dog 'Picl.ed up dar DATE Eg2-:E RECEIVED Pam French .I1/16/79 ~reg Taylor' 11/19/79 Sue Covich . 11/20/79 Jean ~tesbney ]1/20/79 Sharon Raynond 11/21/79 ~rgernt Coggia 1]/Z7/79 Nrs. Olsen 11/28/79 · Olga Julissun 11/28/79 Judy Copeland 11329/79 ginger Kaona · 11/30/79 CITY O"'~ENAI CITIZEN PETITION MONTHLY REPORT SERVICE RE(~UESTED Lost Sib, {Iix K. Beach Rd. Lost Bl'k ~, s,,h~td dog Valhalla .gvl~do Lost b]l:' Lal, t{ix t~iller Loop Rd. DATE INVEST. COMPLETED I]/2o/7u Lost .gib Nus~y. {%'ildwood Dogs r,nning loose, t'oodland Lost Ger. Shep. Central IIei~.hts Dog annoyinp, her dog P,e. dou!,t T~rrace- Has dog she wants to gat rid of ~eighbo. r threatening her son ~'ith . 'bis dog Kaknu 1':ay Lost St. Bernard/Pyrenees and Chow · in accident near Gandlelight ... 11/20/79 11/21/79 - 11/27/79 '11/28/79 11130/79 DATE CITIZEN NOTIFIED °f DEPARTI~Eh~I'AL REPORT Lost File Lost File ; Lost File. ' Lost File' .Patrol Paily ^'T P Lost File Patrol D~ily g T P l~on~t pay disposal fee Ilnahle to co~ta~t dog owner Lost Dog file Found Chow I1/$0 et .::~] ANIMAL CONTROL REPORT MONTH November IMPOUNDED 69 DESTROYED 4O D.O.A. ADOPTED CLAIMED Left from October Carried to December D/V/SION OF MOTOR VEHICLES AND DRIVERS SERVICES P.O. BOX 960 ANCHORAGE, ALASKA 99507 December 12, 1979 Charles A. Brown Acting City Manager P.O. Box 580 Kenat, Alaska 99611 Dear Mr. Brown: This letter will confirm our telephone 'conversation of December 11, 1979, concerning the Kenai Motor Vehicle Office. The State will terminate the commission contract for motor vehicle services on January 31, 1980, and will assume operation of the office on February 1, 1980. I would like to thank you and your employees for the excellent service the City has provided for this division over the years. It has been beneficial to both of us, as well as the citizens of Kenai. There will be some coordination required in the change-over to assure that there is no unnecessary interruption of the service. James Brandon, Field Services Hanager, will be contacting you and Bobb£ to arrange the details of this coordination. If you have any questions or problems with this matter, please feel free to contact me. Sincerely, Charles R. Hosack Deputy Director cc: Robert Rowan James Brandon Fiscal Services Section 12-Lt0LH CITY OF KENAi P. O. BOX S80 KENAI, AI. ASIC4 99611 TLq. EPHONE 283 - 753S December 14, 1979 MEMO TO: FROM: SUBJECT: Mayor and Council of the City of Kenai Keith Kornelis, Director of Public Works What's Happening Report for City Council Meeting December 19, 1979 WELL HOUSE 101 RENOVATION There was an inspection held on ~ell House 101 on December 6, 1979 at 10 a.m. After working on the Well House all morning it was decided that there were too many items still left uncomplete for a final inspection. A new final inspection has been set for December 17, 1979 at 10 a.m. The problems that have arisen at the Well House are electrical problems requiring some time and effort by the electrical subcontractor. AIRPORT PARKING LIGHTING HEA installed 8 of the 10 lights and are still waiting for shipment on a backorder of fixtures before completing the installation of the other two lights near Daddy's Money. AIRPORT WAY - WATER, SEWER.~ AND STREET Jackson Garland Excavating finished the repair to the waterline which broke on Airport Way, but there are still some items that remain to be done before this project is complete. These items include: 1. Sewer caps are on but they have not poured the concrete. 2. There is a valve plug in the shut position that they had installed. 3. The asphalt needs to be replaced where they repaired the waterline break. PR~S has turned in the Contractor's Release forms on the project and asked for $2,200 rctainage. This has not been placed on the agenda for this upcoming meeting because it is still in the review process to what direction Administration will take on his recommendation. The City Attorney also needs to review this. What's Happening Report Page 2 December 14, 1979 REGULATIONS SETTING NEW FEES FOR ANIbtAL CONTROL SttELTER Title 3, Section 3.05.080 of the Code states that the Chief Animal Control Officer may promulgate regulations necessary convenient to the administration of this Title including but not limited to Item No. 4 establishing fees and charges as authorized by this Title. The Animal Control Officer plans to set new fees for the Animal Control Shelter starting January I, 1980. If there are any problems with this, Public Works would appreciate some comments and/or direction from Council at this December 19 meeting. GLACIER STATE's HOUSE Nb~iBERING SYSTEM There is a Resolution coming before Council concerning adopting the numbers that were assigned to lots throughout Kenai by Glacier State. There is a discussion item at this upcoming meeting concerning street names. The Public Works Department has prepared a new street map. This map contains actual streets only and no paper streets. It is still in the preliminary stage and copies will be brought to the Council meeting for distribution and for comments at a later date. The discussion at the Council meeting will include the possibilities of changing an old ordinance concerning the direction for the streets and avenues and also the possibility of changing the actual names of some streets in town. MISCELLANEOUS ITEMS The Public Works Department has been working with CH2M Hill on the Sewer Treatment Plant Addition, the Interceptor and the Outfall. Loren Leman of CH2M Hill is presently preparing the grant application for Step III construction money. The Public Works Department has received word that the Addition to the Shop/Lube Rack has been approved and that we should be receiving the paperwork shortly. EDA has expended all the LPW funds and the amount of grant money available next year looks minimal. The two Sewer Treatment Plant Operators that have recently completed the Activated Sludge Workshop have stated that it was definitely worthwhile and that they received helpful information. '- II [ti' I,I.(,HLAq ION REGUI.ATIOX SFTTI::G XEV FEES FOR A::ltJ^l. CO.'~TIIOJ, SIIEI.TER: The Kenai Animal Control Office is experiencine increased cost in operating the Kenai ^nir~al Shelter, and in order to offset these costs the Chief ^hi,al Control Of£icer makes this regulation con- cerning a new schedule of rates. Disposal Fees Resident: dog cat puppy (6 mos. fi under) kitten(6 nos. fi under) $15.00 $10.00 $10.00 $ s.oo ~,Jsposal Fees Kon-Resident: dog puppy (6 mos. fi under} kitten(6 mos. fi under) $25.00 $1s.oo $15.00 $10.00 ~doption Fees: flat fee fncluding Distemper vaccination $10.00 ~mpound Fees: impound'fine dog impound fine cat boarding fee (dog, cat ~ other animals under 151b) other animals over 15lb $25.00 S.O0 3.00 $ 5,00 Vaccination Fees: Distc~per ( impounded animals) Rabies ( given by local Vets to claimed ~ adopted anina Is ) $ 5.00 S12.oo Annual License Fees: neu t e ret?/spayed all others Kennel License (including del; fanciers dog mushecs facilities) .S 3.00 $ 5.O0 $25.00 (or $5.0fl per dog ~d~ichever is less) BI' Till.'. I'O?.'ER GIVE:; ill' I :J TIiI! A,'~ 1,'13L CO.'; rll 31. oRI3I::.l::{'l', (O. rd i navce 509-79, codified as title 3, na;::elv Sec 3.05.030) TIiI:; "''..1 {.Ill.,\ 5IiAI.!. BE I!FFFCTIVE~ the 1st day of'.lammry, ~ / I , "~ ,.,/ ./ ..~.(/ :.-. ./ 'Sworn to before me this 14th da)' .,,~..'., :s, .... ~f Decen;ber, 1979. Rondel D. tlamar ' ' 9~t~a~.k~~b "~o,~_,~ Chief Animal Control Officer -,-- ~1 commission xpires 2/20 5 lAY S. HAMMOND, DEPARTMENT OF ADMINI.~TRATION POUCH CR JUNEAU. ALASKA 99811 December 4, 1979 Mr. Ernest Schlereth City Attorney City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Schlereth: This is to advise you that the City of Kenai's request to terminate Social Security coverage has been approved by the Social Security Administration. Unless there is a withdrawal of the City's request, coverage will terminate on December 31, lg81. Once the termination is final, the City ofKenat will never again be eligible for Socbl Security coverage. Should you have any questions, please contactmy office at 465-4473. Paul B. Arnoldt Di rector NOTE:Ple~I Include Your ~oclll ~¢ufity Number II1 All Cen,~ondlnCe & ~I PENINSULA BOROUGll REGULAR ASSEMBLY MEETING NOVEMBEI{ 20, 1979; 7:30 P.M. BOROU(;II AD.MI N I STRAT I ON BU I LD I NO P. O. BOX 850 .qOI.IIOTN.X., ALASKA 99669 Ao B. C. D. E. F. A G Ii N D A - CALL 'FO (}RI}ER AND ROI, L t::XLI, PI, EIIt;E OF AI,LI-'.fiIAXCE SE.VI'I:;t; OF Xlil'; ,\SSILMBLYMIiMI{ERS (none) AGENDA APPROVAL APPROVAL OF .~IINUI'ES OF OCTOBER 30, 1979 ORDIN~,XCE HEARINGS, OR OTIIER PUBLIC IIEARINGS Page No. 1 I 1 Amended 2 Approved Ord. 79-64 "Rezoning Certain Portions of the'Cliff Addition to the City of Seward from One-Family Residential District (R-l) to Multi-Family Residential District (R-3)" 2 Enacted G. CONSIDERATION OF RESOLUTIONS {a) Res. 79-158 2 Withdrawn (b) Res. 79-159 2 IVithdrawn (c) Reg.. 79-160 "Authorizing Issuance of a Change order to the Soldotna High School Contract to Provide for Reimbursement for Additional Structural Steel" with Memo 80°58 and Memo 80-57 Budget Summary (d) Res. 79-161 (e) Res. 79-162 2 Defeated 2 ~ithdra~m 2 ~ithdrawn Adopted Res. 79-163 "Urging the Legislature to Add~t Senate Bill 126 and Amend the Municipal Code by Deleting the Requirement for Mandatory Runoff Elections" (g) Annual Audit Report, Price Waterhouse H. INTRODUCTION OF 0RDIN~NCES (a) Ord. 79-69 (b) Ord. 79:70 "AU Ordinance Appropriating {20,000 From Federal Revenue Sharing Funds · for the Purpose of Assisting the Kenai Peninsula Convention Bureau" (c) Ord. 79-71 "Providing for the Regulation ~f Legal ~dvertising" Ord. 79-72 3 Removed 3 Set for Hearing 12-18 Set for Hearing 12-18 Removed Ord. 79-73 $ Removed Ord. 79-74 "Rezoning a Portion of Bayview SubdiviSion, City of tlomer, from Residential (R) District to Commercial (C) District" 3 Set for llearing 12-18 I (h) Ord. 79-76 "Amending the Borough Code of Ordinances Relating the Abstention from Voting By Assembly Members" (i) Ord. 79-77 I. FORbIAL PRES£NTATIONS WI~! PRIOR NOTICE (a) Representatives of Kenai River Bridge Subd. J. COI~IITTEE REPORTS (a) Finance (McCloud. (Chm.) (b) Local Affairs (Campbell, Chm.) (c) Public Works (Arness, Chm.) K. MAYOR'S REPORT Ord. 79-75 "Exempting Purchases of Gasolihe ~nd llome]leating Oil from Borough Sales Tax" 3 Referred to Finance Comm. 4 Set for ltearing 12-18-79 4 Withdrawn (a) Memo RE Congressional Study on Waste Disposal (b) Memo 80-56 Economic Development Committee Appointments (c) Financial Report, October L. SCltOOL CONSTRUCTION (a) Furniture and Equipment List, Soldotna High, Seward High, Redoubt Elementary, Homer lligh, approved by board, 11-5-79 (b) Reconsideration of items £rom previous list Soldotna tligh School, appv. by board, 10-I5 M. OTHER BUSIXESS N. ASSEbiBLY AND MAYOR'S CO,X~IENTS O. PUBLIC COb~I~NTS P.. INFORbb/TIONAL MATERIALS AND REPORTS I/OTICE OF NEXT MEETING AND AI]JOURNMENT 7 Postponed 7 Sent back for justification O AGENDA FOR MINUTES OF NOVES~BER 20, 1979 Page NO. KEI~AI PENINSULA BOROUGH MINUTES OF TIlE REGULAR ASSEMBLY MEETING NOYEMBER 20, 1979; 7:30 P.M. BOROIIGII ADM I N I STRAT I ON BU I LD I NG SOLDOTXA, ALASKA A. CAI. I. TO ORDER AND ROLL CALL The meeting was called to order by Pres. JoAnn Elson at 7:30 p.m. PRESENT: Assemblymembers Pickarsky, Sikorski, Arab,ri,n, Arness, Campbell, Cooper, Corr, Cra~ford, l~avis, Dimmick, Elson, Fischer~, ltille, Long~, ~IcCIoud; ~layor tiilman, Atty. Sarisky, Finance i~irector Barton, l'ublic ~orks Director ltakert, Admin. Asst. Baxley, Assessor Thomas, Planning Director Earing, Deputy Clerk Brindley ABSENT ,%XD EXCUSED: Assemblymember Martin *EXCUSED, ItALF OF MEETING B. PLEDGE OF ALLEGIANCE C. SEATING OF NE~ ASSE~BLY}IEMBERS (none) D. AGENDA APPROVAL Pres. Elson read a ruling'of order declaring the Assembly position regarding land disposal legislation on this and future agendas. It states the tape.recording and minutes of the last meeting of October $0, 1979 relative to the introduction of Ordi- nances 79-66 and 79-67 make it clear the great majority of assembly members are in favor of awaiting a determination of the court in the case now pending before Judge Moody. She reported it is the ruling of the chair that any proposed legislation dealing with the disposition of borough lands is out of order. until the questions raised in the Martin case are resolved and that considering alternative legislative proposals before a decision is reached would interfere with the judicial deter- mination and would acknowledge that court process can be used to thwart ~he majority will of the assembly. She stated this procedure would be reviewed periodically in light of new develop- ments in the lawsuit to determine if any useful purposes could be served by alternative legislative proposals dealing with bor- ough land disposition. This ruling to apply on this agenda to Ordinances 79-69, 79-72 and 79-7~ asking assembly concurrance. She asked that Ord. 79-72 be sent to the Local Affairs Cdmmittee for study. Nr. Davis asked if the ruling would preclude introduction of any other land disposal oidinances or only those relating to a lottery; Pres. Elson stated future land disposal plans should be studied by the Local Affairs Committee before placement on tho agenda. ~r. Davis questioned whether the assembly was aware of the increas- ing authority being given to the committee function. Nr. Corr requested the removal of Res. 79-159 from the agenda. Mr. Campbell reported the Local Affairs Committee agreed to request removal of Ord. 79-77 from this agenda and introduction on December 4. Mr. NcCloud asked that representatives from Price Waterhouse be allowed to make their presentation following Consideration of Resolutions rather than under Mayor's Report. Mr. Arness reported the Public Works Committee wished to with- draw Res. 79-158 for additional study and possible revision. - I - KENAI PENINSULA BOROUGII ASSE~iBLY REGULAR MEETING MINUTES NOVEMBER 20~ 1979 PAGE 2 Mr. McCloud requested Res. 79-161 and Res. 79-162 be withdrawn for language clarification by the Finance Conunittee. E. APPROVAL OF MINUTES OF OCTOBER 30, 1979 The minutes were approved as presented without objection. F. ORDINANCE HEARINGS, OR OTHER PUBLIC IIEARINGS (a) Ord. 79-64 "Rezoning Certain Portions of t~Addition to the City of Seward from One-Family Residential District (R-l) to Multi-Family Residential.District The ordinance was read by title only as copies were available for the public. Public hearing was opened and when no one wished to speak, was closed. ASSE~LYMEMBER CA~IPBELL MOVED FOR ENACT}.IENT OF ORD. 79-64 AND NITHOUT DISCUSSION TtIE MOTION SfAS UNANIMOUSLY APPROVED. g. CONSIDERATION OF RESOLUTIONS (a) and (b) withdrawn (c) Res. ~9-160 "Authorizing Issuance of a Change Order to the Soldotna High School Contract to Provide for Reimbursement for ~dditional Structural Steel" Memos 80-58 and 80-57 ASSE~LY~IEMBER PICKARSKY MOVED FOR ADOPTION OF RES. 79-160. Mr. Ambarian reported the Public ~orks Committee reviewed the resolution with the Public'~orks Director and staff and after the discussion the problem appeared to be between the primary. contractor and the sub contractor. At this time the borough does not need to be involved. WITHOUT FURTtlER DISCUSSION, VOTE IIAS CALLED ~D RESOLUTION FAILED BY A VOTE OF 20 'rYES" TO 106 "NO"; Pickarsky and Corr voting affirmatively. (d) and (e) withdrawn. (f) Res. 79-16~ "Urging the Legislature to Adopt Senate Bill 126 and Amend the Municipal Code by Deleting the Requirement for Mandatory Runoff Elections" ASSEMBLYMEMBER ARNESS ~OVED FOR ADOPTION OF RES. 79-163. Mr. Arness believed runoff elections are a burden to the taxpayers and do not indicate the will of the majority when only 2Si of the voters participate. Mr. Cooper recalled elections ~hen a large number of candidates ran for a particular seat and if there had not been a runoff election requirement, a candidate could have won by only of the vote. Mrs, Dimmick noted the bill o~1~ provides an option and an ordinance exempting the borough ~ould still have to be enacted. She recalled runoff elections uhen only 10% of the voters participated. -2- NOVE~BER 20. 1979 PAGE 3 TIlE RESOLUTION IO, S ADOPTED BY A VOTE OF 116 "YES" TO Cooper voting negatively. (g) Presentation of Annual Audit Report, Bob I,lathis and ,~like Iloskings, Price I~aterhouse ,~ir. Bob ~iathis, audit partner, presented the Annual Financial Report for FY 1979-80 ~,'ith recommendations and summary of the financial statement as o1' June $0, 1979. lie reported thc borough staff did a fantastic job in closing off accounts and drafting the entire financial statement for the first time and h.~d been a pleasure to work ~'ith. .~like Iloskings, Field .Senior Auditor, noted that the revised format of the report helps make the statement easier for tho layaan to understand, lie discussed a few specific changes and added that fund balances appropriated for subsequent year's expenditures represent only that portion of the fund balance which the assembly has directed to be expended next year. The fund balance will be spent rather than raising the money through tax revenues.' H. INTRODUCTION OF ORDINanCES (a) Ord. 79-69 Removed by moratorium on land legislation. (b) Ord. 79-70 "An Ord'inance Appropriating $20,000 from Federal Revenue Sharing Funds for the Purpose of Assisting ~che Eenai Peninsula Convention Bureau" A£SE),IBLY,~IE,~IBER LONG MOVED TO SET ORD. 79-70 FOR IiEARING ON DECE,~IBER 18, 1979 AND I~'ITIIOUT DISCUSSION TIlE I~IOTION I/AS APPROVED 108 "YES" TO 18 "NO"; Sikorski and Corr voting negatively. (c)Ord. 79-71 "Providing for the Regulation of Legal Ad've'r rising" ASSE~iBLY~iEBtBER DI~IICK ,~IOVED TO SET ORD. 79-71 FOR HEARI,SG ON DECE~IBER 18) 1979 A,gD ~'ITtIOUT DISCUSSION THE ~fOTION I~AS APPROVED 108 "YES" TO 18 "NO"; Davis and Curt voting negatively. (d) Ord. 79-72 Removed by moratorium on land legislation. (e) Ord. 79-75 Removed by moratorium on land legislat.ion. (f) Ord. 79-74 'Rezoning a Portion of Bayview ~n, City of Homer, from Residential (R) District to Commercial (C) District". ASSEMBLY~IEMBER COOPER ~iOVED TO SET ORD. 79-74 FOR HEARING ON DECE~IBER 18, 1979 AND h'ITHOUT DISCUSSION THE ~IOTION $¥AS APPROVED BY A VOTE OF 117 "YES" TO 9 "NO"; Curt voting negatively. (g) Ord. 79-75 "Exempting Purchases of Gasoline and tlom~ Ileating Oil from Borough Sales Tax" ASSEMBLY~iEMBER ARNESS bIOVED TO SET ORD. 79-7S FOR HEARING ON DECE~iBER 18, 1979 I. lr. Arness con~ented on the high cost of fuel and th~ fact that ~e are paying 175 tax on a gallon of gasoline, tie felt that if nothing could be done about the cost o£ fuel, the sales tax could be eliminated, ~Ir. Sikorski supported the ordinance but noted he ~ould ~ant to make sure the pump prices .drop as a result of its introduction. - 3 - ~ KENAI PENINSULA BOROUGII ASSEMBLY MEETING HINUTES OF NOV~bIBER ZO~ IY/Y, r~u~ 4 ....... II IIill I Mr. Cooper recalled an assembly sales tax committee worked for several years trying to correct some problems without worsening the situation, without success, lie believed if this exemption passed many other proposals for exemptions would appear, tie stated over the years the sales tax ordinance has proved to be quite equitable. ASSEMBLYMENBER McCLOUD MOVED TO REFER ORD. 79-75 TO TIlE FINANCE COb~iITTEE FOR FURTIIER STUDY OF COST TO TIlE BOROUGH IF ENACTED. MOTION SfAS APPROVED BY A VOTE OF 88 "YES" TO 38 "NO"; Pickarsky, SikorskY, Arness, and Long voting negatively. (h) Ord. 79-76 "Amending the Borough Code of Ordinance~ Relating to the Abstention from Voting By Assembly Members" ASSEMBLYMEMBER ARNESS MOVED TO SET ORD. 79-76 FOR HEARING ON DECEMBER 18, 1979 AND ~ITIIOUT DISCUSSION TIlE HOTION NAS APPROVED BY A VOTE OF 103 "YES" TO 23 "NO"; Cooper , Corr, Cra~ford voting negatively. (i) Ord. 79-77 withdrawn from agenda; to be brought back December 4, 1979. aMr. Fischer arrived, ~r. Long left the meeting (8:20 p.m.) I. FORMAL PRESENTATIONS WITH PRIOR NOTIC. E (a) Representatives of [enai River Bridge Subdivision Mr. Billy Law, resident of the subdivision stated a number of people are present to find out why their road was dropped from the roads and trails priority list for the past season. He had heard there were right of way problems but according to Res. 77-26 which sets out procedures for obtaining road development, the ' first item is listing o~ required right of way and second, prepara- tion and sending of right of ~ay forms in the name of the borough to o~ners ~ithin the area to be improved. He stated no one in the subdivision had received .such forms. He referred to a folder being circulated of letters written by subdivision residents reporting the health hazards ~hen wells can be polluted and waist deep ~ater in an area where a number o£ children must make their way to a bus stop outside the area because of poor road conditions ~ithin. He believed the legislature designed the roads and trails program for this type of use and questioned why the project ~as struck from the list to be built this year. He pointed out if there was an emergency there would be no way to get a sick or injured person out of the area--life and limb cannot be measured in dollars and cents. Mr. Corr ¢ommented~ having served on the Roads and Trails Committee he knew the right of way problems have to be handled first and then the state inspector must approve the project for the roads and trails pro,ram, lie suggested the residents of the subdivision work to get additional funding through the legislature; infla- tion is eating up what few funds have been allotted, lic asked Borough Engineer Conyers to report on the state's inspection. Mr. Conyers reported the p~oject was approved bT the borough.for improvement early last spring and monet ~a~ budgeted but on ~nspcc- tion by the state of all projdctg in Hay, three roads including this one ~ere deleted. Consequently those funds were used for ether projects which could be accomplished during the season. o 4 - N II ROUGII ASSEMBLY RE(;ULAR ~IEETING MINUTES Mr. Cooper asked if residents of the subdivision had considered building the roads themselves. Subdividers are required to bui3d roads within their own subdivision. Probably the lots were available at a reasonable price because of tl~e low quality roads. ~Ir. Law replied residents had bought or borrowed equipment to put in ditches and drain portions, they have hauled gravel, but this had not solved the problem and the people believe this sub- division is an appropriate place for roads and trails funding. Mrs. I}immick referred to state;:~ents that tire state turned down the project because of insufficient right of way dedication arid then it was mentioned people ~could be happy to grant additional easement for 100 ft. right of way. She asked if the problem is lack of paper work or do people not want to give additional footage but want the borough to insist on building without the 20 ft. requirement. Esther ttancock questioned why the borough accepted an undergrade subdivision. She stated she would have readily given up 20 ft. additional right of way, but having done the necessary paper work it was unfair for the project to be dropped without notification. Sherman Green believed it was the duty of the assemblymembers, as locally elected officials, to go to the state with local problems. Andy Anderson reported as a 25 year resident of Alaska he had never seen road conditions as bad as they have been in this subdivision. Gil Curtis questioned the need for additional right of way noting many streets in Kenai and Soldotna have no more than the 60 ft.. allowance with plenty of room for ditching. Carl Port reported contacting an attorney in 1977 to seek ways to improve the roads and contemplated a class action suit against the-developer but found him involved in another suit. He stated if conditions had been met and procedures of the 1977 resolution had been followed the roads could be in by now. ~ayor Gilman reported the state requires that roads and trails funding be provided to those roads meeting secondary road stand- ards, not arterial (60 ft. right of way, 40 ft. surface) r~quire- ments, lie reported having written the Commissioner of Transpor- tation asking for a review of this case to see if a waiver of the 100 ft. requirement could be approved since some improvements are within the 100 ft. right of way required. He suggested waiting for a reply from Dept. of Transportation and if none is received within 30 days he would begin circulation of petitions to obtain the 100 ft. right of way easements in order to be ready for spring construction. He verified the developer met the only requirements that exist, that 60 ft. right of way be dedicated. He stated in addition, his proposal to Dept. of Transportation was to (1) let the Borough build the roads according to borough adopted standards and (2) contract with the borough to maintazn that road through subcontract to private enterprise. He commented the state is reluctant to build additional roads to maintain and this could be a solution. J. CO}.~IITTEE REPORTS (a) Finance (McCloud~ Chm) ~r. blcCloud stated all items discussed in committee have already been addressed. - $ - '-. =~i{{l{' KENAI PENINSULA BOROUGII ASSEMBLY REGULAR MEETING MINUTES i'-l{ ,~:OVE.U. BER 20, !979 PAGE 6 (b) Local Affairs (Campbell, Chm.) Mr. Campbell reported having a discussion on how to handle the liason with-the school board and Economic Development and decided rather than only four co,untttee members being responsible for ail school board meetings they would request continued rotation between all members; EDP will be monitored by members of this comittee. Mr. Crawford reported he was unable to attend the November 19 school board meeting because of the weather. (c) ?ublic Works CArness, Chm.)' Mr. Arness reported having met with Mr. Ambarian and Chuck Bigolow to discuss the non areawide concept of port and harbor authority, lle also reported consideration of what place it would have on an organizational chart in relation to the Planning Co~ission and service area boards. Mr. Ambarian reported meeting with Mr. Long and ?ublic Works Director llakert and discussing resolution on the agenda pertaining to public works and noted they will be meeting to develop commit- tee objectives and report to the assembly. Pres. £1son reported there will be a meeting on docking facilities in Seattle on December $ which co~itte, e members 'Arness and Ambarian should attend if possible. Mr. Arness reported he would like to extend the trip to include Bellingham and Vancouver B.C. where they have established plants to burn both solid and septic waste and save the energy generated in the process. Pres. Elson verified funds were available in the ports and harbor budget. K. MAYOR'S REPORT (a) Memo re: Congressional Study on Waste'Disposal Mayor Gilman re£erred to the report on solid waste sites and also a second conununic~tion from the Environmental Protection Agency relating to Sterling and Homer sites with specific recom- mendations which are already in process. The information will be given to the Public Works Committee as well as a letter received from the Kenai Native Assn. land committee objecting to the Ster- ling waste site location and requesting closure because of land selections immediately adjacent to the site. (b) Memo 80-56 Economic Development Committee Mayor Gilman requested the assembly's concurrance in the appoint- ment of Mr. Hatten to represent Seldovia. ASSEMBLYME~IBER DI~gIICK ~IOVED TO CO~CUR IN TIlE AI'POIXT~IEXT OF MR. IiATTEN TO TIIE ECONO~IlC DEVELOPMENT CO~I~IITTEE. (c) Financial Report, October ASSEMBLYMENBER McCLOUD NOVED TO ACKNOWLEDGE RECEIPT OF Tile FINANCIAL REPORT FOR OCTOBER, 1979. APPROVED BY UNANI)IOUS CONSENT. (~) changed to Item GCg) L. SCIIOOL CONSTRUCTION -6- .~. KENAI PENINSULA BOROUGII ASSI'2qBLY REGULAR ~.IEETING IqlNUTES NOVEMBER 20~ 1979 PAGE 7 (a) Furniture and Equipment List (appv. Il-S) Soldotna lligh, Seward Iligh, Redoubt Elementary, Ilomer Iligh Schools A letter from Igalt l~'ard states that ite~;~s circled on the .qoldotna tligh School list were held for further justification by the school administration. ASSli.~lllI.y,~lliSIBlilt I~ISI.'-IICK 5leVI!il TO APPROVIi II'E:.IS .~OT CIRCLI:D ON TIlE I!QUII'511~:iT I. IST .M'I'ROVED BY Till:. SCIIOOI. Ih~ARD O:~ II-5-79. Assemblvmembers Cooper and Arness questioned the size of some of thc ~quipment, believing listed items ~ould have to be industrial quality and size. Also noted IYas the fact that so man)' pieces of equipment could not possibly be supervised adequately by one shop teacher. blt. Fischer also had reservations about the amount of equipment being ordered and asked ~hether administration had received the list approved by the board at last night's meeting, tie suggested postponing approval until further justification can be found. ASSE,~iBLY~IE~IBER DIMMICK I~ITIIDREI~ TIlE MOTION TO APPROVE UNTIL THE NEXT MEETING. (b) Reconsideration of items from previous list, Soldotna Iligh School, approved by board 10-15-79 ASSE.~.IBLYME,~IBER FISCIIER ,~{OVED TO RECO~gSIDER ITE,~IS FROi, I TIlE LAST FURNITURE AND EQUIP,~IENT LIST TO BE PURCtlASED FR05I TIlE VENDOR KLEIGLE BROS. FOR SOLDOTNA HIGH SCIIOOL. THE HOTION I;AS APPROVED, 108 "YES" TO 18 "~O": Arness and Gert voting negativellt. .qr. Fischer reporte~ an additional amount of $$00,000 will be needed £.~r equipment for Soldotna High School and he felt this list contained ma~> unnecessary light bulbs for the stage light- ing. He beil. eve4 too much is approved because of the "80% reimbursement". ASSEMBLY~IEMBER FISCIIER MOVED TO DELETE "Plus Lamps $4,000 plus" Following comments from Mr. Cooper as to further extra lamps and other items, ~IR. FISCIIER ~iOVED TO SEND BACK Tile KLEIGLE BROS. PORTION OF Tills LIST I~ITit TIlE OTHER LIST FOR FURTHER JUSTIFICATION. TIlE VOTE I~AS UN/h~II~IOUS. M. OTHER BUSINESS (none) N. ASSEIlBLY AND IqAYOR"S CO~gIENTS Pres. Elson requested excused absence for ~lr. Martin for this meeting and blr. Fischer'until arrival at 8:20 p.m. and blt. Long who had to leave the meeting at 8:30 p.m. liayor Gilman noted that Resolutions 79-161 and 79-162 were the products o£ long discussions with the two service area boards and for the most part only put into writing what is now admini- strative practice. Mr. Campbell requested an excused' absence for the December 18 meeting. bit. Sikorski stated in response to a call from the East Road area he would like to ask bir. Cooper if he was properly quoted in the Homer News, November 15, where he stated "the assembly is committed to.buy that East Iii11 property" for the new school. -7 - KENAI PENINSULA BOROUGII ASSEMBLY REGULAR MEETING I~IiNUTES NOVEMBER 20, 1979 PAGE Mr. Cooper commented the assembly had made a commitment in asking the subdivider to resubdivide some of his property and vacate certain property lines. Mr. Sikorski understood the assembly would not be committed until the whole body votes, and Mr. Cooper recalled the assembly had voted to direct the administration to. negotiate with ~lr. liansen for that property. Mr. Davis objected, asking the Clerk's office to clarify to the Homer News what the assembly's position is. Mr. Hakert reported the school administration is presently reviewing the subject and the item is on the next agenda for the school board to consider after securing a statement from the highway department as to the safety factor at the proposed site. Mayor 6ilman reported the borough has some obligation to Mr. llansen for his expense at our request but as far as the appropri- ation for purchase of the property is concerned that has not been accomplished. Mr. Corr objected to the second paragraph of the conflict of interest Ordinance. lie reported attending a rural development -meeting in Moose Pass and noted the Seward area would economically benefit from the hydroelectric project being proposed. Mr. Fischer asked the attorney to research whether bond funds for Soldotna High School could be spent for additional equip- ment at Kenai Central if a vocational pro,ram allows for ore specialty at one school, and another at the other school. O. PUBLIC CObSIENTS Mrs. Ruby Coyle reported there will be a meeting on November 29 at $ a.m. with Community and'Regional Affairs representatives on AS 29.S$.020 (e) (g), the senior citizen property tax exemp-. tion on place of abode. She asked Mr. Cooper and Mr. Campbell to take the information to their areas, stating she hoped to have a good turnout for the hearing. P. INFO~,~TIONAL B~TERIALS ~D REPORTS Pres. Elson called attention to the service area and school board minutes as ~ell as correspondence and the Camp Fire'report. q. NOTICE OF NEXT ~ETING AND ADJOUrnMENT Pres. Elson reported the next meeting will be December 4, 1979 and this meeting adjourned at 9:45 p.m. ATTEST: y BorOUgh Clerk Date approved D~ecember ~, 1979 o~ Etson, Assembly Pre.~idt, nt -$- CiTY OF K£NAi ¥ P. O. 80X ~80 KENAI, ALASKA 9961 TELEPHONE 2~$ - 7S3S December 12, 1979 Ref: Small Boat Harbor Mr. Vincent O'Retlly, Mayor City of Kenai P. O. Box 580 Kenai, Alaska 9~611 Dear Mayor O'Reilly: At the regular Harbor Commission meeting of December ll, lg79, Commissioner Williams moved to; direct the City Mayor to advise the City Council that it is the desire of the Harbor Commission to seek funds in the amount of 3.g Million to 12.$ Million for the purpose of building and constructing a complete Small Boat Harbor in the Kenai River the size of which is to be determined by yet to be produced feasibility studies, and advising the City Council that these figures have been taken directly from the Corps of Engineers Report with an inflationary factor added for the four (4) years since the report. Coneissioner Ackerly seconded the motion, roll call vote, the motion carried unanimously. :,..~?l~.., )/ J-- ~espe~'uli Y~i ---~-~Z~ .... RLe~/~'~Pe~e~k~!, t~J~an~' Harbor CommiSSion RP:IJ CiTY OF KENAi ¥ P. O. BOX 580 KENAI, ALASKA 99611 TB. EPHONE 2~3 · 7S35 December 18, 1979 Colonel Lee Nunn Oepartment of the Army Alaska Otstrtct Corps of Engineers P. O. Box 7002 Anchorage, Alaska 99510 Dear Colonel Nunn: I have been asked by Bob Peterkin, Chairman Kenai Harbor Con~ission to extend an invitation to you to meet with us on January 8, lgSO. This meeting would be for the purpose of reviewing the feasibility report prepared by Colonel Debelius as presented on February l, 1976. The Kenat Harbor Commission which was recently re-activated feels very strongly, that Kenai is entitled to and can justify a Small Boat Harbor located in the Kenai River. Since this report was submitted there has been a rather substantial increase in the number of boats using the river as to those reported in the initial study, for instance at present there are 540 Gill Net Boats fishing Cook Inlet not 400 as presented in the report. Of these 540 boats at least 300 hundred to 350 boats currently use the Kenai River as their home port. The Corps of Engineers report also reported the typical boat used in Cook Znlet as a gill netter for the salmon fishery as 20 to 25 feet long with a 3-5 foot draft an average replacement value of $1S,O00 to $20,000 dollars. Infact the average boat used in the Cook Inlet drift fishery is from 32 to 40 feet in length with an average draft of 3-5 feet valued any place between $80,000 and $140,000 dollars. The Harbor Commission feels that these facts and other facts which could be brought up at a period of discussion would have a great deal of impact on a decision to reassess the feasibility of a Small Boat Harbor in the mouth of the Kenai River. We look forward to a good working relationship with you and your office and once again invite your presence at the Kenai Harbor Commission Meeting on January 8, 1980, thanking you in advance I remain, TW:lJ ~/pectful ly yours Tom Wagon~e~' Harbor Con~issioner November 28, 1979 Dear Sir: It was my pleasure to work with Mr. Carlson from 1969 to 1971. During this period he served as Platting Officer, Planner, and upon my recommendation, was promoted to Current Planning Administrator of tile Greater Anchorage Area Borough. His experience during this time included land use, planning, code enforcement, departmental budgeting, daily public contact, and extensive work with lay commissions and tile assembly. Although under my supervision, Chuck's capabilities, initiative, and ability to handle himself, staff, and the public enabled him to function with wide latitude with my complete confidence. In short, Mr. Carlson has my highest regard as an individual and as a competent professional. His training, experience and abilities should be quite valuable in any professional planning or public adminis~ration position. Sincerely, BILL BRIGHTON December 17, 1979 At the suggestion of Councilman Malston, I called Bill Brighton. Mr. Brighton stated the preliminary hearing is December 28, 1979. He will call again December 29, 1979 to give the status report, which will then be transmitted to Council. VOR DEC 1979 ?hilip flaring l(enai Peninsula };orough P.O. ?.~x 850 ~ol~otna, AIa~l:a 9~669 ,~ear ,'ir. l/e appreciate the opportunity to content on the City of }:enai final Draft Cc~.,.prehensive Plan preparecl by ~.~. Thorpe and ~ucctates. are pleaeed ~th several aspects of this draft coapre~ensive plan. ~e concept of la~ exchange ,;tth local i~plcmeotation is aa vative ~ans of resolving ~et!and conflicts t!mt preset~tly exist ilon~ the [enai diver. ~e U.S. Fish and ~'il~life ~en, ice heartily supports ~uch an etfort and co-wends tee }:e~at tent~sula ~rou~ aaa the City of Hendr for considering such a solution. addition, the propoeed reorganization of the City of gcn~i ordinances is an eftective roans of eli~:,iaatia~ contradictions and avbig.ities vithin the present sit of ordinances. ~e are that the City of lrenai ~ill give serious const~e~aticn to a~optt~R the proposed ~ning Tl~,e gSFil5 agrees ~£th the need to clarify U.S. Ar.~y Cort, s of En~.tneerse ~mtland ~pping along the Renal River. ~m a re~ult. VS~1S cm~tracted ~th ~. Man ~tten of the University of alasga to ~elineate ~.etland vegetation fr~3 color-infrared ~etial p~otographs at a ~ale of approxl~ate17 1:63,360. Hylar overlays ~ere cou?leted tn luaust 1979. Copies of these ar~ color-~trar~ photoaraphs viii be sent to the genat Peni~ula gorough ao soon aa they are available. Ire believe the~ vetland mpa ere a vast itprove~ent over the raps contained 'Zthin the 1978 ~rps o~ ~,~ineers~ ~enai diver R~viev. Ewa~er, the~e rape do not define ~rps of lngi~ ~uri~ictton · Athin wetlands, and on-site i~spections of pending pro~ects still ~ necessa~ in area0 of ~r:ergtnol vetlan4s and for th~.r~re signific~nt develo~:ent proposals. Ih belttwe a conprehenstve plan s,%ould include ali factors relevant to policy and action decisions, l~is planning sc~,ev.e can create effective dialogue bett~en ~.orough/city plannets a~ the general ~lblic ~ile :u~ing the resolution el crucial ~ublic issnes. Such plans assure that pertinent reoource info.etlon will M appli~ to plans for ~elo~ent. 7;,:e fish and -rile. life r~ources '~ithin and adjacent to tl,e l:enai River have inportant ecole:jtcal, aesthetic ar~ econo.~tc values for the City of Ko.at. Disc,,ts!on of tl;ese resources is seriousI7 lac~in£ in the draft co::prehensive plan. Ua su~e~t a thorough ... ravie~ of the bio!oaical envi~o~ent includin~ principle specle~ ~nd ~tstributions. ~e values a~s~iatcg ~'lth the p~esence of viable fish t. nd ~lglifa populatt'ons in the c~nunity ehould ~e evaluated thoroughly. Troly ca~pret, ensive plans ore founded on a ~o~ biophysical data base. and inch~de input from all potentially affect~ parties. In t}.e context of ~uch plan~ resource allocation g~eisions bec~n,e rote o~ectiv~, there is built in predictability for both dcvelop~r.ent and censer'at,on intart, sts~ and there is e. or~ certainty that the l.lannin~ rec~,uet,,!ations rill M lupita.outed. !'e are pleased to see a c?.apter In the co~pra?,en~.ive plan devoted to vetlanfls. Pest r,~istmderstandings have indicated the need for public e~ucation in re~ards to uetla~ val~es'a~ applicable federal/state re~ulationo. Additional ~etla~ functions to consider for incorpora- tion are the raint~nance o~ ~'ater ~uality through retention et ce. aversion of pollutants to non-toxic cub~t:ac~s and by increasi~ oxygen conttmt aug/or ra:aovinfi t~organic ~ubatances (e.g. nttrate~ p~o~phates) uhen t~aters pa~s ~:etlan4 vecetntton. !~tlands also ~rovide habitat for fu~-bcarinl ~,~r~rals. pr~uce large qua~tities of enriched detritus that fora t~,e basis for food ct. sins. anti act as natural f/r~breal-s. ~eectton t, 04 of the Clean l'ater Act of 1977 is but o~.e pandate a~plt- cable to activities t,itl..ln vetlan4s. Others include £~.ecutive Order 11990 (Protection of ietlan~). Ixecuttve Order 11~5~ (Floodplain Yane~e~flt), the Federal Coautal Zone i:ana~e~ent Act (CZ:~A), and the Alaslm Coastal ~:an~:~ent ~ro~t~. recau~.e a state~ objective of t~ &ta~t co~:ptebens]ve pI~ ta to e~ucate t~e general publlc~ ~e su~:~e~t ~fscus~ton of t~se ~an~ates and ~ov they t~late. Fog ~xa=ple, the ~elatlon~tp t~et~'een the CZ~A and ~ectton A0~ o~ t~e Clean ll~ter Act has been d~u~ented tn ~rps* regulations. Although a ~eetion 60~ per~it ~ill not M iosued vithout a geternination of CZ~I consistency~ the reverse is not true. ~e ~act that a propose~ ~e~it io con~i~te~t ~.~th an ap~rove~ CZ:i plan does not dispense :'ith the ~ece~ity of ful~illing a~?licable require=eats of other federal la~.s. ~ia ~ocunent gives the City of Kenai an excellent o~ottuntt~ to clarify such relati~n~btps and prevent potential rt ~unflerstan~in~, The ~ectton specific to t~,e :nviron.-.ental Protection Agency (EPA) is r. isleaain.~, The ZPA issues I."ational Pollutant Disc1~.arge Elir. inatlon ~eyat.c~ (!~£S) remits for the di~c~.ar£e of pollutants into navir, a.~le Yaters fro~ a point source (i.e. any confined or discrete conveyance) under Section 602 o£ tl,e Clean dater Act. The EPA does not issue perf.,its for the discharge of ~r~gr. ed or fill r~teriaI into navic, able ~mters (t,e. Section ~O& pert. its). ~.~e EPA has, holaevere establts.%ed S~,ction R0&(b) r. ui,,'elinea to assist the ~err. tt reviev process. T~..e role of ~PA and other federal/state asenctes is to revte,a and pro~i~e co~r.~ta to .-s$ist the Cor?s in its ~ecision-|,akin~. In addition, the ~e~cral discussion of the Corps of E~lneers perrit progr~ iznores the option of p~it ic~uance vith stirulations to ~iti~ate aSverse i~pacts. $;e ~u!'~cat i~cluston o~ this ~lteraative. ~,e ~a~s a~d figures ~cco~panytna the text are easily conpre~.enfled. ~ig~re nu~ers on atl ~ps, believer. -~,~uld ~ ~elpfut. In ue ~gest ovmc-r~bip Fattems be verified in Figure 10. Inforr, ation o~ta!ned ftc= Lorafne Crur~ of ti~e [Chat Feninsula gorou~b (~P~) Tax As~essin~ ~epar~ent aM ~angy ~arnes of the KPB Plannin~ lnticates that approzi~-ately 300 acres tn the ~er Cre~k area (aorth of the }:enai rXver) ~ericted as privately-o~;ned in figure I0, are actually in rublic o~ership, C~nseq,oently, any ~i~ic~ticn of F~aure 10 ~hould be reflected tn the acreages aud/o~ pe:centa?s (conccr~ing publlc/l, rtvate e~e~ship) found throuE}.out tee te~t. ~inally. ~:e suggest tt,e inclusion of a literature cited sectio= or a biblie~ra?l~y · Ou~ specific coFfee,ts foll~ PaRe 5. fiFure 31 ~e ~u~l:~dins "p!~yrtcal tnviro~aeutn is a ~ispc~er. ~e elc~eets li~ted ~dtbtn are pl~ysical and biolo~ical cor.,p~r.e~ts the environment, lie ~tg.~,~st the hea~ing ~e ~o~ified and each eI~ent a~e~uateI7 a~4resse~ (e.R. ~ilalife). ~e 21. fi?ire 5: Although tl~ts dia~r~ i~ a :~d general scl:e:attc gra~t~'~',-{t ~oes"'not ~oc~-ent fish a~fl ~ilalife resources ~tl;tn ad~acent to the re,si Eivet. ~e sui:~est that a gl~cu~oton ot floral a~ ~aunal species accompany this fil:ure. P~iie 22., first full l~orn~ra?h,~ir~: se~tence: For c!ari~icatlon, reuot~i~ is Pa~e 23, second pararrap~ itt~_~!l ge su~sest that the "~eparate }eport~'"~ {e~e~enc~d in a }iblt~I~phy or ioclug~ in a Tec~.nical Aprengtx. Face 29, t}~ird full~ar~grs~b~cond sentence: l;e ~ugEe~t the state'~ent i~entify ~t~oae ~nditio~al l;ue re~it ~111 all~ il:ope activities. Ppre 39, first full para~'ra~tL~t~ ~2~ ~is state~ent is risl~a~tn;. It i~pltes that ~thout a Consonancy C~eraone there ~.ould he r~o ~eveloln~eat sta~ards or re~tlatinn. Several ~-an~ates are applicable tnclugtnS Section iOt ot the Clean later ,~ct, [xecutive Or, er 11990, ~ecutive Order 119a~, the ~ederal ~a~tal 7~n~ I*anaEc,-ant ~t, an~ the Alasla Cmastal ~a~eaent Proaran. ~'e suggest reference to each. · : .4 Fa~e 39, f~rst full ~ar~%r~._~p.h~ tte~ .~3: Ue sub,,est the ac~on~ APC P~e 39t_fl:~st fo.l!, ~ara~r~,~te~,~: ~e ~rps of ~lnee~s* flefinltfon of ~etlands is the only definition hacl'ed by re~ulato~ authcrity (Title 33, Code of Federal ~etu!ations. Parts 320-323). ~e ~,~s~ ieflpitioa is a~pltd uaifo~ly ~ationwile. .Pale 13, ceco]:d full pp. ra~r~.~_ph, last sentence: l;e s-Rgest clnrtftcatton a~d identification o~-~.---i-~h priority x;etlands." P~e iff, line P, 13: ,~'c sufigest U.$. Fl-~h nad t-'ildlife Service aa.~/or /alaska Peyart::ent of ~ish and Ca=e replace "[ish and Ulldlife Pat:e 62, l,.i.n,e? ,,~2-_5.~ :;e feel lands a~Jacefit t.~e river and the desio~nnted industrial ?one sl~ould be utllize~- for pater- deper.!ent purposes vl~enever possible, tecause a finite area is co;~patible to c. uc'n use, it is ir:perative that these lands be efficiently utilized, i"on-~-~ter dependent uses such as picnic ~helters and parking, areas ~hould be developed el~eitbere, ~'hencver it:ere is a practicable alternative. In se~.itlon, ~'e que~.tion tFe reported statug of the snail boat launch. The sister:cots D..ply that such a structure will be con~truct~, but it Is our un,upstanding that one alteagy.exists. Paf. e fi. 3, aecon~ sentence: l:e sui~~est t~.e addition of "within tlse City Li~.its" for clarification. p&.r..e 63, lines ~19-20: Ue su.r-.~est the addition of "vithtn the City Lieits" for cl~rtfic~.tton. P__a~e 10I, ltera ~3P.: Ue surest definirs~, or tdcnti~ying "unique Pa~;e 115, t.~.ird para~:rap~, line ~2: tze sug£est inserting "by the Corps of £nGinee-ra'' ~fte~'~']'~tlan}s have been defined .... " ?a~,e 1!8, third paraoraph. ~.ese concerns are addrer, sed in Corps of ~-,:gincers~ regulations. 1~ sug.~;est the state.cots be ~,o referenced. Pace 122. U.S. Fists and l,:ildlife nervier: ~,e U,SF~.$es authority to revtc-a- aM ~ut.t-tt c~ents coitcerntnG Section I0/~0~ pemtt applic~- ttops is provided under t~:e Fish n~d L~ldltfe ~orgtnatioa Act. ~ suggest this fi~eral es.gate be cited. Pare 132, second full pnra~.~.~h: 1~ suggest the source of the soils l~forw, atton be referenced. Several ],i~spellin~s occur in the ~eat ~oils ~hile the ~tlt le~-s erpetr to ~e Inter,leto. 1~ suggest appr~rlate corrections be ~adu. Pa~.e 133,. _first par_aRr~h: Ue su.r. Gcst another rathod of co,~.pencatioa is through a gradtmted tax ~ase. Pa~e 133-1~5, Pec~en~ed ~esien Criteria~ ~ese recont~endattons are only a brief s=r~ of condttio~ gi~cu~s~ in the ~rps of ~agtneers' [chat ~tver ~evt~. t~ suige~t tl:e discussion t.e appr~ 7riately cited and the re~er referred to that ~oc~-.ent for fuctLer PaRe 137, Table la: ~e incl*:ston of lo~ density resig~nces in a '~aatal ~c~0~cnt" c~tc~ i~ ~ot cont;i~tent. A },rivate re~i~cnce ~oes not reqaire airect ~ccass to a ~ter ~gy ia org~:r to f. lfill its basic ~rpose. L~ sub,est that ~11 residences ~ placed .rider the "Adverse ~pacts and not C~astal D~cndent~' s-bbeaginG. Pa~e 147, t.te~ ~12: ~ ~u~gest r~ordin~ since the tcaning intended is not clear. ~a~e 161 a: This page can ~e deleted as it is identical to page 156, ~a~e' 1.72, first sentence: ~ suggest the City of genai -ells be tudicatcd on appropriate ~nps (e.g. fi!ure 7 - ~xisting l. an~ ~se). A?plieable city zoning uhoulg be ~tilized to e~ure protection of such resources. Page 173-176. ~sta~ater and Solid l~ste ~¥ct~s~ t~ s.ggest locations he t~entified on approp:iate raps (e.g. lignite 7 - £xistin~ Lang Use). The CSFU$ ~mlco~es the opportunity to assist the Kenai ~vnin~ula Borough in their plnnnl~ efforts. I~ have enclosed cortes of ~audates that address so~e of our concer~s ~nd our letter ~ated 12/20/7S to the Office of Coastal !~nae~z, ent (OC!~ in ~bich ~e outlined possible :esha of planning assistance. Thank you for the opportunity to cc~..~ent on the City of l~enai Final E~aft Comprehensive Plan. Sincerely yoers, Raymond ' ' ', '"-' Area ~irector ~.~. ~,orpe and Associates £nclos~res= E~ecutive ar:let 11990 Executive Crier 11955 CE Sec. 40& Ee~ulations U~P~:$ letter (~ated 12/20fl8) to OCH TO: STATE LEGISLATIVE DELEGATION FROM: MAYOR AND CITY OF K~-NAI COUNCIL v~ ~+ ~'~ ' DATE: DECEMBER 20, 1979 SUMMARY The City Council, after having consulted with City Administration, Commissioners, Public Committees and Chamber of Commerce Representatives, wishes to submit for your consideration the following Capital Improvement Projects for funding from General State Revenues. Listed Projects were selected using two principal criteria: 1. Completed projects shall create permanent new jobs which will cause a net increase in employment. 2. Projects shall assist area-wide and community development. Project cost elements have been reviewed by the Public Works Department and have been determined to be current and realistic. Public input has been received at all levels of local government including Council, Commissions, Public Committees and through the public hearing process. The City of Kenai is willing and able to provide full management and financial support for the Projects when completed. Construction could start summer of 1980. Following is a priority list and funding request for the recommended Projects: * PROJECT Kenai River Harbor Facilities; final design and construction Includes planning and engineering for harbor facilities, docks, slips and bluff erosion area. FUNDING REQUESTED OF STATE Minimum $3,500,000 Optimum 12,500,000 Harbor Road collector and com- mercial road grid system-including water and sewer $3,500,000 " I I December 20, 1979 Page 2 5 PROJECT Airport Terminal renovation and expansion F~DING REQUESTED OF STATE $1,500,000 Air freight terminal and warehouse 1,200,000 Float plane basin facilities 800,000 Airport ramp improvement-including 300,000 water and sewer, facilities; to accomodate Bureau of Land Management fire fighting equipment. Civic Center (In a special category 5,000,000 due to State bonding alternatives) *Detailed information on all projects is attached. December 20, 1979 Page 3 PROJECTS-1980 1. Kenai River Harbor Facilities Purpose: To provide harbor facilities for 250 minimum commercial fishing boats of small to medium size. Also included in the necessary design funding is provision for funds for planning and engineering work in the Bluff Erosion Area. Optimum: To provide harbor facilities for 400 boats, prote~t£ve jetty and dredging. Location of Pro~ect and Schematic: Past studies have depicted a harbor basin to be located at river mile 1.6 on the North-Easterly bank of the Kenai River. This site is centrally located and convenient to the established seafood processing industry. Harbor accommodations will complement and assist in the expansion of the seafood processing industry. 2A. Harbor Road Collector PUrpose: To provide paved road access, water and sewer system which will service the Harbor project. Funding to include final design, acquisition of some rights-of-way and construction. Site and Schematics: As shown on the attached maps, this road will ensure well-planned development of the Harbor/ Industrial area and maximize land use in that area. 2B. Commercial Road Grid Purpose: To improve by pavement, present commercial streets and to open new commercially zoned areas. Sites: The Kenai Spur Frontage Road, Barnacle Way, Fidalgo Avenue and Bidarka Street are proposed for improve- ment and/or construction. These projects will make the com- mercial area more viable and accessable, which will encourage development. December 20, 1979 Page 4 3. ~.r~ort Te.rm~nal Rengvation and Enlargement Purpose: Once city Hall Offices are removed from the Airport Terminal, present terminal space should be renovated and enlarged to provide facility requests from certified intra-state and inter-state carriers. Site and Schematics: Located at the Kenai Municipal Airport, the 'Airport Terminal has a backlog of requests for lease of terminal space. The present configuration of the Terminal does not lend itself to the type or extent of proposed uses. 4. ..Ai.r Freight Terminal and Warehouse Purpose: To meet the needs for fish flights, freight of certified air carriers and moderate length of time warehouse storage. Site and Schematics: The Kenai Municipal Airport is located in close proximity to both the fishing and oil industries and serves as the major transportation link to Anchorage and the Lower 48. With increased activity in both the seafood processing and the gas processing industries Kenai can expect even more demands for freight/warehouse space. 5. Float Plane Basin Facilities Purpose: To make use of existing facility by improvement and expansion in order to provide full service to commercial and private float planes. Site and Schematic: Kenai serves as a base for private and commer6ial float planes oriented towards the recreation industry. Present facilities are inadequate and inhibit the growth of this industry. Located at the Kenai Municipal Airport, the float plane basin is linked to other major air transportation systems. 6. Air~ort Ramp Improvements, Water and Sewer Facilities for B.L.M. Fire Fightin~ December 20, 1979 Page 5 Purpose: B.L.M. presently stations approximately 75 personnel at Wildwood. B.L.M. has expressed a willingness to utilize properly equipped ramp facilities for servicing of forest fire fighting aircraft. Site and Schematics: Wildwood is located approximately 3 miles"from the Kenai Airport. This close proximity would enable both faster response time and a higher degree of efficiency for the B.L.M. operation. 7. Civic Center Complex Purpose: To provide auditorium, meeting rooms, conference chambers and museum area to serve the City and area residents and also to be the base facility for attracting conventions and conferences. Site and Schematic: The Central Kenai location will serve as a hub of activity for the area, the Civic Center -would provide a nucleus for commercial and governmental development. This would serve as the anchor for economic growth area-wide. fi"Ill r ii [][/l'l~f I Illl II Il I I CITY OF KENAI 4 P, O. lOX S~0 KtNAI, ALASKA · EL~PHONE ~255 ° Deoember 10, 1979 TO: FROM: Council Vincent O'Reilly Mayor Municipal Capital Improvement Projects for Submittal to State Le'brlslators In consultation with Chales Brown, Keith Kornelis and Commissioners we have heard from, the list of Projects is: Fundtn~ Requested of State Dock ~ Harbor Facilities- Planning & Engtnee~in~ for Facilities & Bluff Erosion Air F~eight Terminal & Warehouse Commercial ~ Industrial Road Collector System Including Water & Sewer Ramp Improvement & Water & Sewer Pacflities to Provide B.L.M. Fire Fightin~ Facility Airport Terminal Renovation & Enlargement Float Plane Basin Facilities City Hall Portion to Provide Area-;,ltde Facilities $1,800,000 1,200,000 3,500,000 300,000 1,500,000 800,000 400,000 Total $9,500,000 Civic Center concept, supported by Council, to be pt'esented sevarately. TO: Council December 10, 1979 Poge 2 The lists emphasized meeting the criteria of the State Administration, creation of long term Jobs. At the Friday, December 14, 1979 lunch of the Chamber at Sheffield tlouse, the list will be submitted for t~eir support. On Thursday, December 20, 1979. the list will be presented to the State Legislators. Attendance at both meetings by Council will be welcome. Your sugge~ions, additions or deletions or comments ere appreciated. Thanks. Vincen~ O'Reilly VOR:Jw lVso rubl~c ~orks Capital improvements CITY OF KENAI ROAD IIqPROVE~IENTS PAVING 1. Lawton - Tinker Walker 2. Main Street Loop 3. First Avenue -'Main Street Loop to Spur Rd. 4. Birch Street 5. Fourth Avenue - Birch to Forest 6. Forest Drive Extended 7. Rogers Spur to Lawton 8. Walker Lane - Spur to Terminus 9. Kaknu Way Candlelight - Primrose -'Swires 10. Lupine Fern - Togiak 11. Cook Inlet.View Drive - Spur to Bluff 12. First Street and Second Street (Mommsen) 15, Fourth Avenue - Forest to Evergre~n 14. Evergreen - Fourth Avenue to Spur 15. Watergate ~ay (VIP Subdivision) Page 1 of 3 $320,000 400,000 410,000 120,000 100,000 70,000 40,000 70,000 350,000 100,000 70,000 100,000 90,000 100,000 350,000 ROAD DIPROVEMENTS GRAVEL SURFACE 16. Candlelight 12. Linwood lg. Aliak 19. Cinderella 20. Princess 60,000 100,000 60,000 40,000 40,000 ~980 Public Works Capital !mprove~ents ~' CITY OF KENAI OTttER PUBLIC WORKS CAPITAL IMPROVEbtENTS ra~ 2 o£ 3 21. Analysis and Construction o£ a major drainage system 22. Curb.and gutters, sidewalk, storm drainage Main Street Loop-Willow to Spur 23. Development of Section 36 24. Widening, lighting, and curb and gutter Airport Way 25. Water and Sewer projects in Industrial Park The five CEIP Projects already engineered A. N. Kenai Spur - Water and Sewer B. Sth Street - Water Lawton Water and Sewer D. Beaver Loop - Water E. Bridge Access - Water and Sewer $ 300,~00 600,000 1,000,000 200,000 400,000 50,000 500,000 1,000,000 $00,000 i980 Public Works Capital Improvements Page 3 of 3 CITY OF KENAI Items 1-20 Item 21 Item 22 Item 23 Item 24 Item 25 A-E ROAD IblPROVEblENTS PAVING AND GRAVEL SURFACE This would improve heavily traveled transportation routes throughout the City. The paving projects will also help in summer maintenance (eliminating grading and oiling for dust control). List prepared in conjunction with "City of Kenai Capital Improvements Program" Comprehensive Plan prepared by R. W. Thorpe and Asso.) ANALYSIS AND CONSTRUCTION OF A ~JOR DRAINAGE SYSTEM The City of Kenai has relatively flat terrain. There are numerous runoff problems causing flooding of both public and private property including roads. CURB AND GUTTERS, SIDEWALK, STORM DRAINAGE F~IN STREET LOOP - WILLOW TO SPUR With Willow Street being improved next year, Main Street Loop will become even more heavily traveled. This project would improve the efficiency, convenience, and the safety of the traveling public. DEVELOPMENT OF SECTION 36 The City of Kenai desires to develop Section 36. This would include major streets, water, and sewer. It would open up new lands that are sought after by many developers. It would create jobs in building these improvements and future jobs from the developer. I~IDENING, LIGIITING, AND CURB AND GUTTER AIRPORT WAY The first step has been taken to pave and realign Airport Way. It needs to be widened with curbs and gutters, and lighting. Because of lack of funds, it could not be done during the first step. This project would improve the efficSency, convenience, and the safety of the traveling public. I~'ATER AND SEWER PROJECTS IN INI)USTRIAL PARK TIlE FIVE CEIP PROJECTS Al. READY ENGINEERED These water and sewer projects are needed to furnish these utilities to citizens of the City. Some will also make a loop within our system which will greatly increase the versatility and reliability o£ our system. *See Flap for Projects Locations 12/79 ........... r- I I 7' I I~ I TO: STATE LEGISLATIVE DELEGATION FROM: MAYOR AND CITY OF KENAI COUNCIL DATE: DECEMBER 20, 1979 SUMMARY The City Council, after having consulted with City Administration, Co~missioners, Public Committees and Chamber of Commerce Representatives, wishes to submit for your consideration the following Capital Improvement Projects for funding from General State Revenues. Listed Projects were selected using two principal criteria: 1. Completed projects shall create permanent new jobs which will cause a met increase in employment. 2. Projects shall assist area-wide and community development. Project cost elements have been reviewed by the Public Works Department and have been determined to be current and realistic. Public input has been received at all levels of local government including Council, Commissions, Public Committees and through the public hearing process. The City of Kenai is willing and able to provide full management and financial support for the Projects when completed. Construction could start summer of 1980. Following is a priority list and funding request for the · recommended Projects: * PROJECT FUNDING REQUESTED OF STATE Kenai River Harbor Facilities; final design and construction Includes planning and engineering for harbor facilities, docks, slips and bluff erosion area. Minimum $3,500,000 Optimum 12,500,000 Harbor Road collector and com- mercial road grid system-including water and sewer $3,500,000 December 20, 1979 Page 2 PROJECT Airport Terminal renovation and expansion FUNDING REQUESTED OF STATE $1,500,000 Air freight terminal and warehouse 1,200,000 Float plane basin facilities 800,000 Airport ramp improvement-including 300,000 water and sewer, facilities; to acco~date Bureau of Land Management fire fighting equipment. Civic Center (In a special category 5,000,000 due to State bonding alternatives) .*Detailed information on all projects is attached. December 20, 1979 Page 3 PROJECTS-1980 1. Kenai River Harbor Facilities Purpose: To provide harbor facilities for 250 minimum 'commercial fishing boats of small to medium size. Also included in the necessary design f~nding is provision for funds for planning and engineering work in the Bluff Erosion Area. optimum.: To provide harbor facilities for 400 boats, prote~tive jetty and dredging. Location of Pro~ect and Schematic: Past studies have depicted a harbor basin to be located at river mile 1.6 on the North-Easterly bank of the Kenai River. This site is centrally located and convenient to the established seafood processing industry. Harbor accommodations will complement and assist in the expansion of the seafood processing industry. 2A. Harbor Road Collector Purpose: To ~rovide paved road access, water and sewer system which will service the Harbor project. Funding to include final design, acquisition of some rights-of-way and construction. Site and Schematics: As shown on the attached maps, this road will ensure well-planned development of the Harbor/ Industrial area and maximize land use in that area. 2B. Commercial Road Grid Purpose: To improve by pavement, present commercial streets and to open new commercially zoned areas. Sites: The Kenai Spur Frontage Road, Barnacle Way, Fidalgo Avenue and Bidarka Street are proposed for improve- ment and/or construction. These projects will make the com- mercial area more viable and accessable, which will encourage development. December 20, 1979 Page 4 Airport Terminal Renovation and Enlargement Purpose: Once City Hall Offices are removed from the Airport Terminal, p~esent terminal space should be renovated and enlarged to provide facility requests from certified intra-state and inter-state carriers. Site and Schematics: Located at the Kenai Municipal Airport, the Airport Terminal has a backlog of requests for lease of terminal space. The present configuration of the Terminal does not lend itself to the type or extent of proposed uses. 4. Air Freight Terminal and Warehouse Purpose: To meet the needs for fish flights, freight of certified air carriers and moderate length of time warehouse storage. Site and Schematics: The Kenai Municipal Airport is located in close proximity to both the fishing and oil industries and serves as the major transportation link to Anchorage and the Lower 48. With increased activity in both the seafood processing and the gas processing industries Kenai can expect even more demands for freight/warehouse space. 5. Float Plane Basin Facilities Purpose: To make use of existing facility by improvement and expansion in order to provide full service to commercial and private float planes. Site and Schematic: Kenai serves as a base for private and commercial float planes oriented towards the recreation industry. Present facilities are inadequate and inhibit the growth of this industry. Located at the Kenai Municipal Airport, the float plane basin is linked to other major air transportation systems. 6. Airport Ramp Improvements, Water and Se%~er Facilities for B'.'L.M.' Fire Fighting. December 20, 1979 Page 5 Purpose: B.L.M. presently stations approximately 75 personnel at Wildwood. B.L.M. has expressed a willingness to utilize properly equipped ramp facilities for servicing of forest fire fighting aircraft. Site and Schematics: Wildwood is located approximately 3 miles from the Kenai Airport. This close proximity would enable both faster response time and a higher degree of efficiency for the B.L.M. operation. 7. Civic Center Complex Oo Purpose: To provide auditorium, meeting rooms, conference chambers and museum area to serve the City and area residents and also to be the base facility for attracting conventions and conferences. Site and Schematic: The Central Kenai location will serve as a hub of activity for the area, the Civic Center -would provide a nucleus for commercial and governmental development. This would serve as the anchor for economic growth area-wide.