Loading...
HomeMy WebLinkAbout1979-11-21 Council PacketKenai City Council Meeting Packet November 21, 1979 AGENDA KENAI CITY COUNCIL = REGULAR ~EETING NOVE~IBER 21, 1979 ~ ?: 00 PM PLEDGE OF AI,LEGIANCE A. ROLL CALL AGENDA APPROVAl, B. PUBLIC HEARINGS 1. Ordinance 533-79, increase in revenues, Federal Revenue Shaz-ing in the amount of $306,750. 2. Ordinance 534-79, increase in revenues, shop addition capital project fund in the amount of $47,298. 3. Oz'dtnance 535-?9, increase in revenues, 1979-80 anti-recession assistance fund in the amount of $5,000. 4. Ordinance 536-?9, amending 1979 code, establishing Kenai Community' Libra~ 5. O~dinance 537-79, codifying 1979 Code, personnel ordinance of CitF as Title 23. C. PERSONS PRSSENT SCHEDULED TO BE HEARD D. M~NUTES 1. Minutes of the regular meeting of November ?, 1979. 2. Minutes of the special meeting of November 15, 1979. E o CORRESPONDENCE 1. Alaska Department of Natural Resources F. OLD BUSINESS G. NEW BUSINESS 1. l~ills to be paid - Bins to be ratified 2. Requisitions exeecding $500 3. Ordinance 538-79, increase in revenues, State Jail Contract Fund Budget in the amount of $10,000. AG~.NDA KENAI CITY COUNCIL November 21, 1979 Page 2 4. Ordinance 539-79, increase in revenues, General Fund Budget, in the amount of $750. 5. Resolution 79-152, transfer of funds in the amount of $350, Special Revenue Fund Budget, water & sewer services advertising 6. Resolution 79-153, transfer of funds in the amount of $2,500, Water and Sewer Special Revenue Fund Budget, repair & maintenance. 7. Resolution 79-154, transfer of funds in the amount of $4,000, General Fund Budget, legal fees. 8. Resolution 79-155, acceptance of Comprehensive Annual Financial Report for FY 79-80. 9. Resolution 79-156, transfer of funds in the amount of $200, General Fund Budget, animal shelter utilities. 10. Lease amendment, Andy's Fl ying Service H. ~pproval of house number layout as prepared by Glacier State Telephone. 12. Approval of audit proposal - Coopers & Lybrand 13. Schematic design for City Hall - Carman Gintoli H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Planning & Zoning Commission 7. Kenai Peninsula Borough Assembly $. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT EVALUATION SHEET A~inistrative experience in government business 2. Successful efforts of government business cooperation 3. Responsibility for initiation and management of programs 4. Education 5. Alaska experience ~ Y Y Y Y RESOLUTION NO. 79-160 A RESOLUTION OF THE COUNCIL OF THE CITY OF HE,IAI, ALASKA transfering $5,000 in the 1979-80 General Fund Budget to provide monies for street maintenance. WlIEREAS, an emergency exists along Cinderella Lane, eaused by an abnormal amount of rain over the last three months, in that personal property is in danger of being lost and homes are in danger of being severely damaged due to water damage, and WHEREAS, it is necessar~ that monies be made available to make repairs, modific- ations, or other corrections to the street or surrounding lands to reduce the level of water on Cinderella Lane. NOW TH~HEFORE, 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: l~rom: Contingency ($5,000) To: Streets - Repair & Maintenanee $5,000 PASSED BY THE COUNCIL OF THE CITY OF of November 1979. ATTEST: !~NAI, ALASKA this 18th day V~NCENT O'REILLY, M~rYOR-/ et Wheian, City Clerk Approved by Finance Director~'--~ / / COUNCIL I~ETING OF AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 1979 - 7:00 PM PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 533-79, increase in revenues, Federal Revenue Sharing in the amount of $306,750. 2. Ordinance 534-79, increase in revenues, shop addition capital project f~nd in the amount of $47,298. 3. Ordinance 535-79, increase in revenues, 1979-80 anti-recession assistance fund in the amount of $5,000. 4. Ordinance 536-79, amending i979 Code, establishing Kenai Co,unity Library. 5. Ordinance 537-79, codifying 1979 Code, personnel ordinance of the City as Title 23. C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES - ~' * ~1. Minutes of the regular meeting of November ~, 1979. 2. Minutes of the special meeting of November 15, 1979. E. CORRESPONDENCE 1. Alaska Department of Natural Resources F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be paid-Bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 538-79, increase in revenues, State Jail Contract Fund Budget in the amount of $10,000. 4. Ordinance 539-79, increase in revenues, General Fund Budget, in the amount of $750. AGENDA KENAI CITY COUNCIL November 21, 1979, Page 2 5. Ordinance 540-79, establishing capital project fund "Frontage Road"-$18,000. 6. Resolution 79-152, transfer of funds in the amount of $350, Special Revenue Fund Budget, water and sewer services advertising. 7. Resolution 79-153, transfer of funds in the amount of $2,500, Water and Sewer Special Revenue Fund Budget, repair and maintenance. 8. Resolution 79-154, transfer of funds in the amount of $4,000, General Fund Budget, legal fees. 9. Resolution 79-155, acceptance of Comprehensive Annual Financial Report for FY 79-80. 10. Resolution 79-156, transfer of funds in the amount of $200, General Fund Budget, Animal Shelter utilities. 11. Resolution 79-157, transfer of the funds in the amount of $2,000 from the general fund for Annual Christmas Party. 12. Resolution 79-158, transfer of funds in the amount of $150 for submission of City's Financial statement to the Municipal Finance Officers Association. 13. Resolution 79-159, purchase of snowblower in the amount of $32,800 from Federal Revenue Sharing Funds. 14. Lease amendment, Andy's Flying Service. 15. Discussion of house number layout as prepared by Glacier State Telephone. 16. Approval of audit proposal-Coopers & Lybrand. 17. Schematic design for Ci~y~a~-Carmen Gintoli REPORTS City Manager City Attorney Mayor Clerk Finance Director Planning & Zoning Commission Kenai Peninsula Borough Assembly Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT CITY OF KENAI ORDINANCE NO. 533-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE. FEDERAL REVENUE SHARING FUND BY $306 , 750. WItEREAS, the Council of the City of Kenai has reviewed in a special Council meeting requests from City Department Heads for appropriations of Federal Reverlue Sharing Funds, and WItEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets for the City, and WHEREA~, based upon information from the U. S. Department of Treasury, adequate funds will be available in the fo~n of Federal Revenue Sharing for these improvements, and WI~RF, AS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KBNAI, ALASKA that: Section 1: The 1979-80 Annual and Capital Projects budgets of the City of Kenal be amended to include the items in categories as listed on Exhibit A, which is attached and made a part of this ordinance. Section 2. Estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund increase Estimated Revenues: Contribution from Fund Balance Federal Revenue Sharing $134,060 ..172,690~ Increase Appropriations: Transfers to General Fund Transfers to Water & Sewer Fund Transfers to Capital Projects $224,250 24,500 58,000 _$306,750 · ORDL~IANCE NO. 533-79, Page Two General Fund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund Increase Appropriations: Fire - Machinery & Equipm. ent Library - Machinery & Equipment Parks & Reereatien - lVJaehinery & Equtoment Parks & Recreation ~ Improvements Other Than Buildings Shop - Buildings Shop - Machinery & Equipment Streets ~ Improvements other than Buildings Streets - Machinery & £quipment Animal Control - Improvements Other Than Buildings City Clerk - Machinery & Equipment Water and Sewer Fund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund increase Appropriations: Water & Sewer - Machinery & Equipment Shop Addition Capital project Fund increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund Inerease Appropriations: Administration Construction Contingency 224.250 $ 20,000 6,200 16,750 10,000 9,000 5,500 12,000 134,300 9,500 1,000 ~224,250 $ 24~50~ 1,500 lo,000 O~DINANC]~ NO. 533-79, Page Three ~EXHIBIT A" List of Federal Revenue Sharing Appropriations by asset name: Department ,Item General Fund: Amount Deot. Total Fire Squad Truck $ 20,000 Library Microfilm/microfiche 6,200 Parks & Rte. Playground Equipment 12,000 Parks & Rec. Wood Chipper 4,750 Parks & Rec. Fencing 10,000 Shop Electric Door eveners 9,000 Shop En~ue Analyzer 5,500 Streets Guardralls 12,000 Streets Snowblower 32,800 Streets Quick Coupler 3,000 Streets Welder 6,000 Streets Dump Truck 70,000 Streets Pavement Saw with blades 1,500 Streets Asphalt Reeyeler 11,000 Streets Pump for Distribution Truck 10,000 Animal Control Fencing and Road 9,500 City Clerk Tape Recorder 1,000 20,000 6,200 26,750 14,500 146,300 9,500 1,000 Wa~er & Sewer: Water & Sewer Pick-up truck 6,000 Water & Sewer Dewatering Equipment 12,000 Water & Sewer 3-phase Generator 6,500 24,500 Capital Projects: Shop Shop Addition 58,000 58.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November 1979. ATTEST: VINCENT " ~~ Janet Whelan, City Clerk FIRST READING: November 7, 1979 SECOND READING: November 21, 1979 EFFECTIVE DATE: November 21, 1979 CITY OF k'ENAI ORDINANCE NO. 534-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREA.~ING ESTI~ATED REVENUES AND APPROPRIATIONS IN THE SHOP ADDITION CAPITAL PROJECT FUND BY $47,298. WHEREAS, the City of Kenai received a grant from the U. S. Economic Development Admini- stration (EDA) for the winterization of the Airport Terminal in the amount of $50,400, and WHEREAS, the project was terminated after accrual of $3,102 of this estimated revenue, and WHEREAS, EDA has authorized that the unused revenues of this grant be applied to the construction of an addition to the City Shop, and WHEREAS, $58,000 of Federal Revenue Sharing monies has also been appropriated to the Shoo Addition project, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations in the Shop Addition Capital Project Fund be increased as follows: Increase Estimated Revenues: Federal Revenues $47,298 Increase Appropriations: Construction $47,298 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21th day of November, 1979. ATTEST= VINCENT 'O R~ILL~MA.Y-OR Janet Whelan, City Clerk FIlleT READING: November 7, 1979 SECOND READING: November 21, 1979 EFFECTIVE DATE: November 21, 1979 CITY OF KENAI ORDINANCE 535-?9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 ANTI-RECESSION ASSISTANCE FUND IN THE AMOUNT OF $5,000. WHEREAS, under re~-vlations of the Revenue Sharing Act and under the loan agreement with the Department of Housing and Urban Development, the City is required to have financial and compliance audits performed by independent auditors at its Federal Revenue Sharing Fund, Anti-recession Assistance Fund, and the Airport Terminal Enterprise fund for the fiscal year ended June 30, 1979, and WHEREAS, the City of Kenal has monies available in the Anti-recession Assistance Fund for audit purposes, and WHEREAS, proper accounting Draetiees require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that estimated revenues and appropriations be increased as follows: Anti-Recession Assistance Fund Increase Estimated Revenues: Contribution from Fund Balance $5,000 Increase Appropriations: Transfer to Ah'po~t Te~ninal Enterprise Fund Professional Se~viees $1,500 3,500 $5,00~ ~Airport Terminal Fund Increase Estimated Revenues: Transfer from Anti-Recession Assistance Fund , ,I,5O0 Increase Appropriations: Professional Services $I. 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, A LA,~I~' this 21st d~y of Npvember, 1979. VINCENT O'REI~,~ MAYO~ FIRST REd.G: November 7, I979 J~ Whel~, City Clerk SECOND ~AD~G: November 21, 1979 EF~CT~ DATE: November 21, 1979 CITY OF KENAI ORDINANCE NO. 536-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI CODE OF 1979 BY ADDING THERETO A CHAPTER OFFICIALLY ESTABLISHING THE KENAI COMMUNITY LIBRARY. WHEREAS, the City of Kenai has recently updated its Code of ordinances as set forth in the Kenai Code of 1979, and WHEREAS, it is anticipated that the Code ordinances of the City of Kenai shall undergo gradual revision and updating in order to reflect necessary changes, and WHEREAS, the City of Kenai has a municipal library known as the Kenai Community Library, properly instituted through a financial (non-code) ordinance procedure, and WHEREAS, it is proper and fitting to set out by code ordinance the establishment, powers and duties of the librarian, NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, as follows: Section 1: A new chapter 56 in Title 1 of the 1979 Kenai Code is hereby adopted entitled "Kenai Municipal Library Department." ~ection 2: Said chapter shall read in its entirety as set forth in Chapter 56 of Title 1 "Kenai Municipal Library Department" as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City clerk First Reading: November 7, 1979 Second Reading: November 21, 1979 Effective Date: December 21, 1979 Ord. 536-79, Page 2 1.56.010 KENAI MUNICIPAL LIBRARY DEPARTMENT: There shall be a Municipal Library Department, the head of which shall be the Librarian, appointed by the City Manager for an indefinite term. The Librarian shall be an officer of the City and have supervision and control of the Kenai Community Library. 1.56.020 Rules, Regulations and Fines: The librarian shall establish rules and regulations for conduct on the property of and use of the Kenai Community Library and a fine or penalty charge schedule for overdue and/or damaged loaned library property, which rules and regulations besides being set forth below shall be posted in a location within the library on a bulletin board or readily visible by library patrons: RULES AND REGULATIONS OF LIBRARY USE 1. Borrowers' Cards: (a) Ail transactions will require the presence of valid library identification. (b) Upon application for a card, the borrower will be permitted to check out one book. After the card is received through the mail, the borrower may check out as many as 4 books each library visit. 2. Fines: (a) 5 cents a day on 14 day books (b) 10 cents a day on 7 day books and/or other library reading materials including periodicals, maps, atlases and newspapers. (c) $5 a day on non-book and non-reading materials which include cassette players, screens and projectors. 3. Service Charges: (a) $1 for lost books and/or other library'materials that are beyond repair. This shall be in addition to full replacement costs. (b) 50 cents for each postal card or telephone call that is necessary to effect return of overdue books and/or other library materials or settlement of other charges. 4. Replacement Charges: (a) 10 cents for each pocket (b) 5 cents for date slips (c) 25 cents for lost library identification 5. Damages: (a) $1 per page for torn pages, defaced covers or pages, or covers or pages containing scribbling or writing. (b) Replacement cost plus service charge for any reading material damaged to the extent that any part is illegible. (c) Professional repair cost or replacement cost (if not repairable) for any non-reading material loaned. Ord. 536-7~, Page 3 6. Limited Circulation: Books designated "Limited Circulation" are to be loaned only to borrowers with 6 months responsible library usage. A $5 fine will be imposed if any such book is deposited through the book drop. 7. Renewals: (a) Books and/or other library materials may be re- newed once if not on reserve. (b) Nothing will be renewed by telephone. 1.56.030 Sleeping and Resting Prohibited: No one shall sleep within the library or outside the library upon library property at any time, nor shall anyone lie in a reclined position within or outside the library or library grounds. To lie in a reclined position means to position one's body parallel to the floor or ground whether one is on the floor, ground, a table, bench, chairs, couch, counter, shelves, card cases or any other item of furniture. 1.56.040 Refusing to Return Loaned Material: No person, firm or corporation shall knowingly refuse to return any reading mater~al, including books, peridicals, newspapers, maps, atlases, or any non-reading material including cassettes, record players, screens and projectors loaned to said person, firm or corporation within 30 days after said reading or non-reading material becomes overdue. 1.56.050 Penalty: In addition to any fine levied or other penalty imposed pursuant to this ordinance or regulations imposed thereunder, any person, firm or corporation who shall violate any provision of this chapter including any rules and regulations as herein set forth, or fail to comply therewith upon conviction thereof shall be punished by a fine not exceeding $100. (Ord 536} I 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. ~EREAS, the City of Kenai has recently updated its Code in the 1979 Kenai Code, and ~{EREAS, it is anticipated that within the future months various updating and revisions will be made in several of the code ordinances themselves, 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 WKEREAS, various older sections of the prior Kenai Code have provisions dealing with merit system (1.60.040); Personnel Board (1.60.05~, 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, 1.60.050, 1.60.060, 1.60.b70 and 1.60.080 of the Kenai Code of 1979 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 21st day of November, 1979. ~ / ,.*'~ ~ / VINCENT O' REILLY, MA.~OR) ATTEST: Janet Whelan, City Clerk First Reading: November 7, 1979 Second Reading: November 21, 1979 Effective Date: December 21, 1979 '- '1 IIII Title 23 PEP~ONNEL 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 6. Tenure CHAPTER 10 - CATEGORIES OF SERVICE 1. General Exempt Service 3. Classified Service C~APTER 15 - ADMINISTRATION C~APTER 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 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 Employees 13. In-Service Training 14. Relatives in City Service CHAPTER 35 - ~ENERAL 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 C~APTER 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 - PERFORMANCE 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 C~APTER 55 - PAY PLAN 1. Exempt Salaries 2. Salary Structure-By Grade 3. Uniform Allowance CHAPTER 60 - DEFINITIONS 23-2 23.05.010 GENERAL PROVI$IOII$: It is hereby declared, personnel policy of the City of Kenai, that: 1- 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 mora!e 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 availability of funds. 23.10.010 CATEGORIES OF SERVICE: 1. General: All offices and positions of the City are divided into classified service and exempt service. All the provisions of this chapter shall apply to positions in the classifie~ service. The provisions of this chapter sha!l apply to positions in the e~empt 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). (e) 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} All 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 ~onths i~ediately 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 Dersonnel program established by this ordinance shall be administered by the City Manager. l{e shall administer all provisions of this ordinance and of the personnel rules, lie 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 th~s 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 require- 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 a~endment of the existing classes. 3. Adjustments to Organization: Whenever 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 salar~ structure to recruit and retain an adequate supply of competent employees. 2. Pay Plan and Adoption: The Ci%y 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 c].as~es to different pay ranges. All 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 unusual difficulty in filling the vacancy is experienced, or when the appointee is exceptionally qualified, the City Manzger 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. (bX 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 i 1/2 Saturday x 1 1/2 Holiday (Normal Workday) x 2-1/2 which includes holiday pay Holiday (hours beyond 8) x 2 Sundays 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 ~ 1/2 Saturday x 1 1/2 Holiday for which the employee is not scheduled x 2 1/2 which excludes holiday pay paid annually (Sec. 40.010- Holidays (hours beyond 8) x 2 Sundays for which the employee is not scheduled x2 Itowever, Public Safety employees must be in a paid status for their normal work week, Police (40) before over- time may be paid. Fire employees (56 hours average work week) must be in a paid status for the normal 2 week work period (112 hours) before overtime may be paid. Communi- cations employees (42 hour average) must be in a paid status for the normal 2 week period (84 hours) before overtime may be paid. Overtime rates for individual public safety 23-6 employees attending special activities not part of their usual work duties, the costs of which are reimbursable to the City, will be calculated at 1 1/2 times the hourly rate based'on a 2080 hour year. (c) Compensatory time accumulation shall not exceed 8 hours. Once this maximum accumulation has been reached, all overtimQ compensation earned by the employee shall automatically 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 on a non-cumulative basis. (e) Overtime shall be paid one pay day in arrears. 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 assignment. 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. (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 accordance 23-7 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 aptitudes of ap- plicants for the duties to be performed. NO question in any test or in any appl$cation 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. Ail 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 ~xamination is deemed advisable, the City shall pay the cost of the examination. 3. Probationary Period: All original appointments shall be tenative and subject to a probationary period of not less than 6 months consecutive service, except for Police, which shall be normally 12 months, subject to meeting criteria for certification which may be accomplished following 6 months of service. Promotional appointment probationary period shall, for all personnel, be not less than 6 months. 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. The employee shall be notified in writing of any extension and the reasons therefore. During the first 6 months of probationary period, a new employee (including police) shall not be eligible for vacation benefits, but he shall earn vacation credit from the first day of employment. 23-8 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. 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 necessitate~ 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 administrators, normal work week is: i. Police-4 shifts of 10 hours per week, 2080 hours annually; ii. Fire-24 hours on, 24 hours off/equivalent of 56 hours per week, 2912 hours annually; iii. Communication-12 hours on, 36 hours'off/equiv- alent of 42 hours per week, 2184 hours annually. (c) 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' attendance. 23-9 Any unauthorized absence of any employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. ~. 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 w~%ich 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 appointing power. Such requests shall be given consideration 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 effor~ to integrate those employees into another department by transfer. 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 relatively 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: ~en 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. 23-10 (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 per mile for the first 100 miles, $.10 per mile for the next 100 miles, and $.05 per mile 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 costs 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 expenditure is necessary to recruit qualified employees and funded by the Council. (b) The maximum reimbursable shall be subject to negotiation at the time of an offer of acceptance of appoint- ment. (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 Agreement 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 encourage 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. 23-11 '' Training sessions may be conducted during regular working hours at the 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, i~ 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 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 ~ non- prescription depressant, stimulant hallucinogenic or narcotic drugs on the job or arriving on the job under the influence of intoxicating beverages or such drugs. (b) Violation of a lawful duty; (¢) 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, demotion and finally dismissal from the City service, and depends on 23-12 the severity of the offense as well as the number and the frequency of previous acts of misconduct. It shall be the duty 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 increasingly 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. All 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 ~he immediate super- visor 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 departmen~ 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. 23-13 If the grievance procedures are not initiated within the time limits established by this section, the grievance shall be considered not to have existed. ~ny 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. 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 because of extenuating circumstances. The notice of resignation 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 fo~ 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. A reemployed individual shall acquire seniority based on the length of the employee's continuous service to the City since the employee's last date of hire. 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 23-14 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. 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 wilfully 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 part-time (15 hours and over per week) classi- fied employees are entitled to the following benefits as specified in this article. 2. Holidays: Ail 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 propDrtion 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. 23-15 Any general government employee who works on a recog- nized holiday as part of his regular work week shall be paid double time for that day which shall include his regular pay. .Any hours worked beyond normal on the holiday shall be paid at two times their regular rate of pay. Public safety employees shall receive pro rata an annual payment each December for appropriate holidays as follows: Fifefighters (56 hour week), 11.2 hours pay per holiday Police (40 hour week), 8 hours pay per holiday Dispatchers (42 hour week), 8.4 hours pay per holiday Holidays 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 and communications personnel: 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 hr. week. 22.4 hrs. per month-first 2 years of service 25.2 hrs. per month-3 through 5 years of service 28.0 hrs. per month-6 through 10 years of service 30.8 hrs. per month-more than 10 years of service iii. Communications Personnel: (Based on 42 hour week) ' 16.8 hrs. per month-first 2 years of service 18.9 hrs. per month-3 through 5 years of service 21.0 hrs. per month-6 through 10 years of service 23.1 hrs. per month-more than 10 years of service (b) Annual leave is charged on a hour for hour basis; i.e., normal work day of 8 hours would be charged at 8 hour annual leave, t2 hour work day-12 hours annual leave, 10 hour work day-t0 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 23-16 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 ho~rs for Communications. The maximum leave hours that may be accrued is 640 hours for regular classified and exempt, 896 hours for Fire and 768 hours for Communications. (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 minimum 80 hours of annual leave per year for General Govern- ment employees, 112 for Fire, 84 for Communications, and effect appropriate coordination with the Department head. (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 borrow up to a 6 month entitlement (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), 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. 23-17 (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. (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 pay 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 iii. The employee submits evidence of satisfactory completion of the course, and 23-18 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 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 participate in the State Public Employees Retire- ment 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 emp?oyee'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 inclu~.~ J~edical treatment and care as well as disability compensation during the periods of time lost from the job. 12. Medical and hospital insurance: As provided by Group Policy G & G A836288A (Travelers Insurance Company) at no cost to the employee. Life, major medical, hospital- ization, dental and vision insurance are included as part of Group Insurance. 13. Maternity leave: Immediately preceding a~d 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 PERFOR~NCE EVALUATION: 1. Purpose: The primary purpose of the employee performance evaluation program is to inform employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluation shall also 23-19 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 of 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. 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 em~oyee'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 r~ports 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. 23-20 The rating officer will then immediately forward the report to the reviewing officer who will a~range to meet with the employee within 5 working days after receiving the report. The r~viewing 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. 23.50.010 CLASSIFICATION PLAN CLASS CODE CLASS TITLE RANGE 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 22 106 Police Chief* 22 107 Fire Chief* 22 108 Senior Accountant 19 109 Assistant Engineer 17 110 Code Enforcement Officer 17 111 Airport Operations Manager 17 ADMINISTRATIVE SUPPORT , 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 PUBLIC SAFETY 301 Assistant Fire Chief 18 302 Fire Fighter 13 303 Police Lieutenant ].8 304 Police Sergeant 16 305 Police Officer 14 306 Dispatcher 7 307 Fire Engineer 15 308 Correctional Officer I 11 309 Correctional Officer II 14 310 Fire Captain 16 311 Fire Marshall 16 23-21 CLASS CODE CLASS TITLE RANGE PUBLIC WORKS 401 402 403 404 405 406 407 408 409 410 Building Inspector 15 Shop Foreman 15 Maintenance Supervisor 15 Treatment Plant Operator 13 Water & Sewer Operator I 12 Mechanic Helper 12 Maintenance Worker I 11 Mechanic 14 Maintenance Worker II 12 Water & Sewer Operator II 13 SOCIAL SERVICES 501 502 503 504 Librarian* 14 Sr. Citizen Coordinator 8 Parks & Recreation Director* 16 Animal Control Officer 10 *Department Directors 23.55.010 PAY PLAN: 1. Exempt Salaries: (a) City Manager $43,000 annually (b) City Attorney $37,500 annually (c) City Clerk $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. PolJce Officer Intermediate Certification Advanced Certification $720/year $1,440/year 23-22 Police Sergeant Intermediate Certification Advanced Certification $720/year $1,440/year Police Lieutenant Advanced Certification $720/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: EMT I Instructor $ 60/year EMT II $120/year EMT III $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. Uniform allowance: (a.) The following annual allowances are established to defer the cost of uniform cleaning, maintenance and replacement for second and succeding years of service: Jail $150; Police $250; Fire $200; 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. 23-23 3 7 9 10 11 12 15 16 17 19 2O 22 24 CLASSIFIED SALARY TABLE · : A B C D E F AA BB CC 12,847 ' 13,168 13,489 13,810 14,131 14,452 14,773' 15,620 16,011 16,402 16,793 17,184 17,575 17,966 16,406 16,816 17,226 17,636 18,046 18,456 18,866 17,221 17,652 18,083 18,514 18,945 19,376 19,807 18,078 i8,530 18,982 19,434 19,886 2~,338 20,790 18,979 19,453 19,927 20,401 20,875 21,349 21,823 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 21,980 22,530 23,080 23,630 24,180 24,730 25,280 23,080 23,657 24,234 24,811 25,388 25,965 26,542 24,223 24,829 25,435 26s3.~1 26,647 27,253 27,859 25,438 26,074 26,710 27,346 27,982 28,618 29,254 ' · 26,709 27,377 28,045 28,713 29,381 30,049 30,717 28,038 28,739 29,440 30,141 30,842 3],543 32,244 29,654 30,190 30,926 31,662 32,398 33,134 33,870 32,655 33,266 34,077 34,888 35,699 36,510 37,321 35,833 36,729 37,625 38,521 39,4].7 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,&65 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 ltourly rates are determined by dividing annual salary by nu:nber of hours fn work year. 23-24 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. Whereve~ 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 employe~ 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) 23-25 KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 7, 1979 KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Michael Seaman, Ray Measles, Vincent O'Reilly, Ed Ambarian, Betty G'ltck, Ron Malston Absent: Phil Abet AGENDA APPROVAL Mayor O'Reilly proposed the addition of a motion to accept the attorney and city clerk applicants, and two resolutions. Council approved by voice vote. Mayor O'Reilly gave the chair to Councilwoman Glick. MOTION: Mayor O'Reilly moved, seconded by Councilwoman Glick, to approve the appointment of Ben Delahay as City Attorney at a salary of $37,500 annually and Janet Whelan as City Clerk at a salary of $20,500 annually. Motion passed by roll call vote. Councilwoman Gltck returned the chair to Mayor O'Reilly. B. PUBLIC REARINGS B-l: Ordinance 529-79, increase in revenues, Kenai Senior Citizen P~oject FY-lg7g-80, grant from the State of Alaska. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian for adoption of th~ ordinance. + Motion pas~ed by roll ca~l vote. B-2: Ordinance 530-79, increase in revenues, Willow Street Luminaires by $13,042. MOTION: Councilman Malston moved, seconded by Councilwoman Glick for adoption of the ordtna~.~. Motion pas~ed by roll call vote. B-3: Ordinance 531-79, amending the leasing of airport lands ordinance. Attorney Delahay requested a delay until the first week in December Mayor O'Reilly asked if there was any reason to do it right away. Attorney Delahay deferred to Attorney Schlereth, who explained it was Just a housekeeping measure. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to table o:~on oassed by roll calT vote. November 7, 1979 Page 2 B-4: Ordinance 532-79, establishing a procedure for the leasing of tide- lands. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption Qf the.ordinance. Motion pas[ed by roll Eall vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD Everett Nixon, of Coopers & Lybrand, introduced Pat Patterson, also of Coopers & Lybrand, who worked on the audit, then explained the audit of the annual financial report as presented by the fi- nance department for the fiscal year 1979-80. Finance Director Brown has submitted the report to the MFOA for a certificate of conformance. Because the report was received too late to be in- cluded in the council packet, Mr. Nixon reviewed the audit in detail. Councilman Ambarian questioned the wording regarding Water & Sewer revenue. Mr. Nixon agreed the wording should be changed to state "the policy of the City is that Water & Sewer is not on a self-supporting basis" and including appropriate provisions for depreciation. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to acknowledge receipt of the audit report for 1979-80, and next meeting's agenda will have a resolution to accept the report. Motion passed by roll call vote. D. MINUTES 1. Minutes of the regular meeting of October 17, 197g. Approved as ~tis~t~tbuted. ~o ..... ~ 2. Minutes of the special meeting of October 23, 1979. Approved as distributed. Ee 3. Minutes of the special meeting of October 27, 1979. Approved as corrected. ~ CORRESPONDENCE \~'~t~ Mayor O'Reilly received a letter from the Nikiski Anti-Annexation Con~nittee, requesting deletion of portions of the Kenai Compre- hensive Plan. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to acknowledge receipt of the letter. G. NEW BUSINESS G-l: Bills to be paid, bills to be ratified November 7, 1979 Page 3 MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve bills to be paid and bills to be ratified as submitted in the Council packet. Motion passed by roll call vote. G-2: Requisitions exceeding $500 MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve requisitions exceeding $500 as submitted by Council. Motion passed by roll call vote. G-3: Ordinance 533-79, increase in revenues, Federal Revenue Sharing project fund, $306,750. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to a~ the ordinance. Motion passed by roll call vote. G-4: Ordinance 534-79, increase in revenues, shop addition capital project fund in the amount of $47,298. There was no public comment. . ~.~ MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, to a4apeeve the ordinance. Motion passed by roll call vote. G-5: Ordinance 535-79, increase in revenues, 1979-80 anti-recession assis- tance fund in the amount of $5,000. There was no public comme&t. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to aide the ordinance. Motion passed by roll call vote. G-6: Ordinance 536-79, amending 1979 Code, establishing Kenai Municipal Library. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to ~k4~ap~ the ordinance with the name corrected to read, "Con~unity Library." Motion passed by roll call vote, with correction. G-7: Ordinance 537-79, codifying 1979 Code, personnel ordinance of City as Title 23. There was no public con~ent. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to ,~,e~~the ordinance. · Motion passed by roll call vote. November.7, 1979 Page 4 G-8: Resolution 79-145, transfer of funds in the amount of $400, general fund from recreation, salaries to recreation, professional services, to hire artists to conduct Arts & Crafts workshops. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. Motion passed by roll call vote. G-9: Resolution 79-146, transfer of funds in the amount of $500, airport terminal enterprise fund from contingency to advertising & improve- ments other than buildings to fund advertising costs in the terminal and fund installation of light poles in the terminal parking lots. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the resolution. Motion passed by roll call vote. G-lO: Resolution 79-147, transfer of funds in the amount of $750, jail fund budget from operating supplies to professional services for physicals for jail personnel. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Malston, to approve the resolution. ~otion passed by roll call vote. G-11: Resolution 79-148, transfer of funds in the amount of $9,000, general fund from City Manager salaries to City Manager Machinery & Equipment for the purchase of a vehicle and FAA radio for City Manager. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. Councilman Seaman asked if this was a used vehicle. Acting City Manager Brown replied no. Motion passed by roll call vote. G-12: Resolution 79-149, authorizing the contract for architectural/engineer- ing design for the new city administration building between the City of Kenai and Carmen Gintoli, architect. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. Councilman Ambarian asked if the administration will develop a contract. Acting City Manager Brown replied, no, this was only the authority to have a contract drawn up. Councilman Ambarian noted this was not done this way before. November 7, 1979 Page 5 Motion passed, with Councilman Ambarian voting no. G-13: Resolution 79-150, establishing the authorized signatures for deposit or withdrawal of funds from depositories of municipal funds. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. Mayor O'Retlly asked if the new stgnators had been bonded. The insurance representative, Mr. Emery, explained the position is bonded, not the name. Motion passed by roll call vote. G-14: Resolution 79-151, transfer of funds in the amount of $650, general fund budget from contingency to Harbor Comnission, transportation, to allow two members of the Harbor Coanission to attend a Statewide meeting of Port & Harbor Commissioners in Seward, November 14, 15 and 16, lg7g. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, to approve the resolution. Motion passed by roll call vote. G-I$: Lease of airport land or facilities - Raven Transit MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the lease. Councilman Malston asked administration if they are current in their old lease. Acting City Manager Brown replied yes. Council- man ambarian asked if the AAI lease was current. Mr. Brown replied yes, they had become current last week. Councilman Ambartan asked if the assignment of lease was filed with Wien yet. Mr. Brown answered no. Councilwoman Glick asked if the Right to Move clause k~s in the lease. Attorney Schlereth replied it should be in the lease, if it was not, he would put it in. Motion passed by. roll call vote. G-16: Payments to US~ - Kenai aerial photo/map, in the amount of $13,977. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bill. Motion passed by roll call vote. G-17: Payment to Tolchfna Excavating & Construction - installation of street sign names, in the amount of $5,770. November 7, 1979 Page 6 MOTION: Councilman Malston moved, seconded by Councilman Seaman, to approve the bi 11. Councilwoman Glick asked if the installation was complete. Public Works Director Kornelis replied that 200 were covered by the contract, the rest are being done by the department. Motion was passed by roll call vote. G-18: Payment to CH2M Hill, sewarage project design, in the amount of $37,300. MOTION: Councilman Seaman moved, seconded by Councilman Malston, to approve the bill. Motion was passed by roll call vote. G-lg: Payment to CH2M Hill, Central Peninsula Septage Disposal Study,in the amount of $1,052.47. MOTION: Councilman Seaman moved, seconded by Councilman Measles, to approve the bt11. Acting City Manager Brown stated this should be the final bill, Public Works Director Kornelis confirmed that it was. Motion passed by roll call vote. G-gO: Games of Chance & Skill.- Beta Sigma Phi International. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the application. Motion passed by roll call vote. H. REPORTS H-l: City Manager's Report Regarding the frontage road, Malone Surveying said the State of Alaska had done the surveying work, we can contact the surveying firm. This can be funded by Roads & Trails funds. MOTION: Councilman Malston moved, seconded by Councilwoman Gltck, that the administration proceed with this. Motion passed by roll call vote. The City is in need of insurance for their warm storage for the winter months. The insurance agent, Mr. Emery, explained it was only for $ or 6 months, the cost will be spread out. Public Works Director Kornelis explained a change order in the well house lO1 for additional lighting. He will have a resolution at the next Council meeting. i) i November 7, 1979 Page 7 Acting City Manager Brown stated the City will have to set a date for a meeting to establish the !,osition of the City on fish-flying. Council- man Ambartan stated he will set the date ,by the next meeting. Mr. Brown stated we should respond to the people on Lilac Street. When we dealt with EOA, we set a date of completion. If the project goes past April, we will need two audits. Public Works Director Kornelts stated he had talked with EDA in Seattle. If there's any money left, it can be used for the changes, but a letter must be sent to EOA. It must go out to bid, there can be no City crews used. Mayor O'Reilly stated 42~ or $0~ (depending on which way the report is read) want the street paved, but will they pay for it? Mr. Kornelis replied the poll only asked what they wanted. Councilwoman Glick said when the people came before the Council, the ditches had no water, so they were of no use. Nov/, with the rain, the ditches are full of water. If we fill these ditches in, where would the water go? She questioned the wisdom of pulling culverts. The people should have better access and parking, but the City should consider what is for the con~on good. Councilman Ambartan suggested it be submitted to the Public Works Comntttee for review. Mayor O'Retlly asked if the report had been sent to the landowners for reveiw. Mr. Kornelis replied no, but a resident had made a lengthy report on the findings. Mayor O'Reilly asked the administration to send the results to the residents of Lilac Street. Council concurred, with a request to Mr. Kornelis to send them by certified mail. Mr. Kornelis said he is still getting replies, should he include these? Councilwoman Gltck replied no, the report should be based on this, but the coanittee would like to see those submitted later. Regarding the contract for the architectural/engineering design with Carm~n Gtntolt. Councilman Ambarfan requested the Council be atven a copy of the contract. Acting City Manager Brown agreed to do this. Councilwoman Gltck emphasized the contract would be based on the proposal. Mr. Brown said yes. Mayor O'Retlly requested the admin- istration prepare a draft contract for the next Council meeting. Mr. Gtntolt stated he is willing to start work without a contract, but he would need to begin ianediately with the soil test~, MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that Mr..Gintolt be allowed to do the soil testing before the ground freezes, and before the contract is completed. Motion passed by roll call vote. Councilwoman Glick asked if the advertisements for a franchise on the airport parking lot had been sent out, per the minutes of October 17, 1979. Mr. Kornelts explained that the money had not been authorized until this meeting, that the advertisements would begin now. Attorney's Report. None H-3: Mayor's Report Novenber 7, 1979 Page 8 Mayor O'Retlly proposed Richard Hultburg for the Parks & Recreation Commission. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the appointment. Motion passed by roll call vote. Mayor O'Retlly appointed a committee to examine the proposal to make a Transportation Conmtttee. Councilman Ambartan will chair the Committee and Councilwoman Glick will be the additional member. The League of Cities will be having a series of meetings November 24, 25 & 26. The City of Kenai is a member group, Mayor O'Reilly had se- lected Councilwoman Glick to attend. He wondered if the Legislative Session in Juneau was more important, in view of the limited traveling funds the Council has. Councilman Ambarian felt the Legislative session was more important. Councilwoman Glick stated she was not sure if she would be able to attend, due to prior coneitments. She felt the Leg- islative session was more important. Mayor O'Reilly agreed, he will defer. Attorney Oelahay noted he has a legislative coa~nittee appointment in the Municipal League. There will be a meeting in December to decide what will be pushed in the Legislative session. He will sub- mit this to the Council. Mayor O'Reilly stated he hoped Atty. Delahay will attend the conference, Mr. Oelahay replied yes. H-4: City Clerk None Councilwoman Gltck noted that the minutes of August 1 have been lost on the recording tape, due to mechanical failure, that this should be reflected in the minutes. H-5: Finance Director None H-G: Planning & Zoning Comnission Councilwoman Glick said there have been 2 meetings. The change of lease for Andy's Flying should have been on the agenda tonight. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to concur with the P&Z Co~nission regarding Andy's Flying lease changes. Councilman Ambarian noted the rates would stay as set until ren- ewal date. Motion passed by roll call vote. flove~ber 7, 1979 Page 9 The Council directed administration to note that the rates would stay the same until renegotion of the lease. Councilwoman Glick noted some complaints against Servicemaster had been corrected. Gentry Enterprises, Taco Time, may change the lot applied for because of water & sewer availability. At the last meeting, a review of the Comprehensive Plan was made, and only 19 people showed up, only 4 of these spoke. On November 14, 1979 there will be another review. Councilman Ambarian requested administration draw up a resolution or an ordinance reflecting that once the Council approves a lease, it should be returned within 30 or 40 days. Councilwoman Glick agreed, but felt there vas already a policy. Concept leases are null & void if not received within a stated time. Councilman Ambarian explained that once the concept lease is approved, the formal lease should be signed in a stated length of time, to keep people from speculating. H-7: Kenai Peninsula Borough Assembly Councilman Ambarian said 3 ordinances were passed affecting Kenai: 1. Location of Churches 2. Hospital facilities 3. Rezoning of the Care Center H-8: A resolution regarding land sale proposals failed. Harbor Cen~nission Mayor O'Reilly said 2 actions were taken: 1. The old application for Sea Catch is null & void, they will have to submit a new application 2. A letter has been sent to the U.S. Secretary-Treasury request- ing the City of Kenai become a Port of Entry. I: Persons Not Scheduled to be Heard Carmen Gintoli spoke regarding the Senior Citizens Grant for the ceramic studio addition. It must be completed by July l, lgSO or the grant will be pulled. Mayor O'Retlly asked when did the City get the award? Acting City Manager Brown said last month. Mayor O'Reilly directed the a~inistration to contact the senators and representatives involved and report back to the Council at the next meeting. Councilman Ambarian moved, seconded by Councilwoman Glick that Mr. Gintoli proceed with the addition. Mr. Gintoli also pro- mised he would have the schematics for the City Hall at the next meeting. Councilwoman Glick mentioned she had a discussion with Finance Director Brown regarding the $500 limit on expenditures. She felt the limit should be raised. Mr. Brown said this was proposed in last year's November 7, 1979 Page 10 managenent letter. There Js a need for control, but he felt $500 was too low. Many of the City Manager's applicants also felt that tt was too low. Councilwoman Gltck agreed, and proposed that the limit be raised to $1000. Mr. Brown suggested the bid limit be raised too. Mayor O'Retlly asked tfa resolution be dra~m up. Councilman ambartan said this has failed before, because Council wants to have control. Controls are the reason we are tn the finano cia1 position we are tn now. Council agreed to $1000 by voice vote. Councilman Halston suggested a $3500 limit on bidding. Administration was directed to change the contract av~ard limitation and bills to be paid limitation. Councilman Halston noted the speaker in the outside room was not ~ork- Jng and asked the admtntstrattento have it repaired. N)JOURI~IENT Meeting adjourned at 9:15 PI~. Respectfully Submitted et ~lhelan, City Clerk KENAI CITY COUNCIL - SPECIAL MEETING NOVEMBER 15, 1979 - 7:O0 PM FORT KENAY MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Ed Ambarian, Ray Measles, Betty Gliek, Ron Malston, Mike Seaman Absent; Phil Aber AGENDA APPROVAL Approved as distributed. B. NEW BUSINESS 1. Council meeting of November 21, 1979 Administration was directed to arrange to have the meeting in the public safety building if possible. Councilman Ambarian suggested that G-13 on the proposed agenda, schemstin design for City Hall, could be handled in a work session. Arty. Delahay noted a decision must be made on the size of the building. Mayor O'Reilly said it should be left on the agenda in that case. 2. Annual City Christina s Party With eoneurrance of the Council, Mayor O'Reilly directed the City Clerk to proceed with the party. We will include the administration, City commissions, City Assembly members, Chamber of Commerce president & director, the Mayor of Soldotna and all spous es. Mayor O'Reflly also directed Finance Director Brown to wii. bdl, s~funds to cover the party. -V'r~,~s fre~ 3. Mayor O*Reilly noted that there will be a meeting November 19, 1979 at 7:30 PM at the Nikiaki Fire Hall, station #2 to discuss the Borough Water Supply report. He said the consultant*s reoort felt we must start design quickly, by 1980, for water demands to be met. He asked Atty. Delahay to take steps necessary to check on our involvement. Councilwoman Gliek said she will chair the meeting. 4. City Manager's Applications By general discussion, the number of applicants was reduced to eight finalists. An evaluation sheet was used to select the four finalists. The four finalists are William Brighton, Charles Carlson, Larry KENAI CITY COUNCIL NOVEMBER 15, 1979 Page 2 Smith, and Doug Stark. Councilman Ambarian requested the City Clerk send a cop), of all applicant information to the Council. The City Clerk was also directed to set up appointments with all four. The two from Anchorage will be interviewed November 18, 197 9. The other two will be s~heduled as soon as possible, but preferably not during the 4-day Thanksgiving holiday. 5. Mayor O'Peilly noted that November 15, 1979 was the 10th anniversary of Woody Mahurin becoming a City policeman. Council is taking special notice of his 10th anniversary and will send him a copy of the minutes reflecting this. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 PM. Respectively Submitted, helan, City Clerk F~ CITY OF' K£NAI P. O. B~]X ~BO * K[NAI, ALABKA gg&ll · PHONE; 2B3-'7535, DAT£ GI~N£D DltPAIITMItNT OF NATUIL%I, iI~::SOUIICES KETUIlN IIECEIP~ REQUESTED Noveaber 6, 1979 323 E. 4TH A VENUE ANCHORAGE, ALASKA 99~01 ,[ ~ayor Vincent O'Reilly City of Kenai P.O. Box 580 genai, AK 99661 Dear Flayor O'Reilly: Subject to the provisions of AS 38.05, the Department of Natural Resources is proposing to classify the rolls,ring lands as Reserved Use and subsequently convey said lands to the United States for the purpose of reconveyance to Cook Inlet Region, Inc., under the 'Terms and Conditions for Land Consolidation and ~anagement ~n the Cook Inlet Area." The subject lands, consisting o£ approxt,~tely 9,443.61 acres of surface estate only, 5,110.64 acres of subsurface estate only, and 10.92 acres of surface and subsurface estate, are described as follows: Kenat Pool Seward ~ertd~an, Alaska Surface Estate Only T. 2 S., R. 11 ~., that portion of Tract "A" more particularly described as (protracted): Sec. 32, Sec. 33, S~, Containing 640.00 acres 320°00 acres 160.00 acres 1,120.00 acres T. 3 S., described as (protracted): Sec. 3, Ail; Sec. 4, All; Sec. 5, Sec. I0, Sec. I1, Alii 11 ~., that portion of Tract '~' more particularly 640.00 acres 640.00 acres 160.00 acres 320.00 acres 640.00 acres t Nayor Vincent O~eilly 2 ~ovember 6, 1979 Sec. 1~, Contain 160.00 acres 2,560.00 acres T. 4 $., R. 13 W. Sec. 5, Lots 1-4, 165.16 acres S~½, 160.00 acres S~a; 320.00 acres Sec. 6, Lots I and 2, 83.15 acres SE%, 160.00 acres S-~IF~; 80.00 acres Sec. 7, Ell; 320.00 acres Sec. 8, All; 640.00 acres Sec. 9, All; 640.00 acres Sec. 17, All; 640.00 acres Sec. 18, Lots 1-4, 157,88 acres ~Et~, 160.00 acres F~; 320.00 acres Sec. 19, LOts I-4, 158.12 acres F,~, 160.00 acres ~; 320.00 acres Sec. 20, All; 640.00 acres Sec. 30, Lots 1-4, 159.30 acres F. tt~, - 160.00 acres ~.~; 320.00 acres Containing 5,763.61 acres Total Surface Estate 9,443.61 acres Kenai Pool SewardMeridian, Alaska Subsurface Estate 0nly N., R. 9 W., Sec. 9, SF~,~IEtaSE%;, that portion south of Sterling Highway; Sec. 18, Lots 3, 6, and 7, Containing 5.00 acres 115.41 acres 60.00 acres 160.41 acres Nayor ¥incent O'Reilly 5No, R. lO l~., Sec. 13, Containing November 6, 1979 160.00 acres 80.00 acres 80.00 ac-res 320.00 acres T. SN., R. 11I~., ~ Sec. 2, Lot 3, 40.01 acres ~S!g~Ik; 80.00 acres -'~ ~ec. 3, Lots 1-~, 160.00 acres Sl~%lql~, 40.00 acres b3~, 160.00 acres NE~SEta, 40.00 acres S~SE~;; 80.00 acres '~/ Sec. 4, NEkSI~, 40.00 acres Lots I, 2, and 7, 81.43 acres S~NI~; 80.00 acres "" Sec. ~, Lots 9-11; 31.70 acres ,Sec. 6, Lots 14, 41-60, 62-126, 128, 133-174; 197.37 acres ~ Sec. 7, F~SI~, 40.00 acres Lots 4-15, 46.65 acres S ~t;;S~,~IFJa; 10.00 acres ' ~ec. 8, Lots 1-8, and 10, 288.61 acres N~.~IE~;, 40.00 acres Sl~%lq~, 40.00 acres S~F~; 40.00 acres Sec. 9, SltSi~;, 80.00 acres NEkS~%, 40.00 acres LOts 4, 5 and 6, 81.10 acres SJg%IF.~, 80.00 acres S~; 160.00 acres Sec. lO, LOts 4-6 and 8-11, 155.87 acres SI~S F~; 40.00 acres 'Sec, 11, Lots 6-9, 116.49 acres E~i;i~%; 80.00 acres Sec. 16, Lots 1-I0, 253.64 acres lqblP,~, 40.00 acres S~;, 160.00 acres SE¼SWk; 40.00 acres Sec. 17, Lots i and 4-6, 92./46 acres Nr~IE~;; 40.00 acres' Nayor Vincent OtReilly November 6, 1979 Sec. 18, Lots 2 and ~; ContaintnE T. 6 N., R. II · Sec. 33, Lots I-4, 7, and 10-12, Sec. 34, Lots 1-5, 9, 10, 12-14, 37, 38, 54, 56, ?2, 76, 93, 94, 96, 97, 99-101, 103, IO4, 108, 109, 118, 120, 121, 125-129, 142, 143, 145, 147, 150, 153, 154, 160, 162, 163, 16~1~0, 172 ~s~, s~sa, ~c. 35, N~S~, S~%Sa, Sec. 36, Al1~ ~ntaintn~ Total Subsurface Estate 42.42 acres 3,037.73 acres 20.00 acres 20.00 acres 20.00 acres 80.00 acres 40.00 acres 20.00 acres 122.50 acres 20.00 acres 80.00 acres 10.00 acres 5.00 acres 20.00 acres 10.00 acres 20.00 acres 10.00 acres 10.00 acres 10.00 acres 20.00 acres 40.00 acres 80.00 acres 20.00 acres 40.00 acres 155.00 acres 80.00 acres 640.00 acres 1,592.50 acres 5,110.64 acres Kenat Pool Seward Heridian, Alaska Surface and Subsurface Estate To 5 N., R. 8 W., Sec. 36, Lots 2-4 and Tract A of Block i of ASL$ 73-146; Total Surface and Subsurface Estate 10.92 acres 10.92 acres l~ayor Vincen~ O~Re~lly 5 November 6, 1979 The City of Kenai is invited to comment on the proposed actions. Upon request by the governing body, chief executive officers or plannin8 agency, the Department of Natural Resources ~rill consult vith an official named in the request. The cou,~,ents or request for consultation must be received by the Land and Resources Planning Section, Division of Research and Development9 Department of Natural Resources, 323 E. 4th Avenue, Anchorage, Alaska 99§019 ~rlthin 15 days after receipt of this notice. If no com,nents are received ~ithin the 15 day period prescribed above9 the Department of Natural Resources ~rlll proceed · rlth the proposed classification action and the subsequent conveyance of the subject land to the United States. Sincerely, STEP~HREEVE, Chief Land and Resources Planning Section DItPARTMItNT OF NATUR,%L RESOURCES CERTIFIED NAIL ~7740697 November 6, 1979 323 Eo 4TH A VENUE ANCHORAGE, ALASKA 99501 l~yor Vincent O'Reilly City of Renai P.O. Box 580 Kenai, AK 99661 Dear Hayor O'Reilly: Subject to the provisions of A~ 38.05, the Department of Natural Resources i$ proposing to classify the follo~rln§ lands as Reserved Use and subsequently convey said lands to the Uaited States for the purpose of reconveyance to Cook Inlet Region, Inc., under the '~ezms and Conditions for Land Consolidation and }lanagement in the Cook lnlet Area." The subject lands, consisting of approxhnately 9,443.61 acres of surface estate only, 5,110.64 acres of subsurface estate only, and 10.92 acres of surface and subsurface estate, are described as follows: Kenai Pool Seward }~rfdian, Alaska Surface Estate Only T. 2 S., R. i1W., that portion of Tract "A" more particularly described as (protracted): Sec. 32, All;. 640.00 acres ± Sec. 33, S~, 320.00 acres ± N~; 160.00 acres ~ 1,120.00 acres ± Containin§ T. 3 S., R. 11W., that portion of Tract "A" mote particularly described as (protracted): Sec. 3, All; 640.00 acres Sec. 4, All; 640.00 acres Sec. 5, NE~; 160.00 acres Sec. I0, N½; 320.00 acres Sec. 11, All; 640.00 acres IO, dTLH llayor Vincent O*Reilly 2 Novmaber 6, 1979 Sec. 14, Con t a in T. 4 S., R. 13N. Sec. 5, Lots 1-4, Sec. 6, Lots I and 2, ~ec. 7, Sec, 8, All; Sec. 9, All; ~ec. 17, All; Sec. 18, Lots 1-4, Sec. 19, Lots 1-6, r~; Sec. 20, All; Sec. 30, Lots 1-4, ~ontaininS Total Surface Estate Kenai Pool Seward Neridian, Alaska Subsurface Estate Only Sec, 9, SEtaNF~E¼, that portion south of Sterling Highway; Sec. 18, Lots 3, 6, and 7, Containing 160.00 acres 2,560.00 acres 165.16 acres 160.00 acres 320.00 acres 83.15 acres 160.00 acres 80.00 acres 320.00 acres 660.00 acres 660.00 acres 660.00 acres 157.88 acres 160.00 acres 320.00 acres 158.12 acres 160.00 acres 320.00 acres 660.00 acres 159.30 acres 160.00 acres 320.00 acres 5,763,61 acres 9,663.61 acres 5.00 acres 115.61 acres 60.00 acres 160.6I acres Kayor Vincent O'Rsilly N., R. I0 Sec. 13, E~, Containing November 6, 1979 160.00 acres 80.00 acres 80.00 acres 320.00 acres T. 5 N., R. 11W., Sec. 2, Lot 3, 40.01 acres Stgql~; 80.00 acres - Sec. 3, Lots 1-~, 160.00 acres S~lq~, 40.00 acres S~¼, 160.00 acres NF~SF~, 40.00 acres S~SF~; 80.00 acres Sec. 4, NE~, 40.00 acres Lots 1, 2, and 7, 81.43 acres St~NF~; 80.00 acres Sec. 5, Lots 9-11; 31.70 acres Sec. 6, Lots 14, 41-60, 62-126, 128, 133-174; 197.37 acres Sec. 7, E~tSF~, 40.00 acres Lots 4-15, 46.65 acres SE~SFJ~IF~; 10.00 acres Sec. 8, Lots 1-8, and !0, 288.61 acres l~g~F~, 40.00acres S~N~, 40.00 acres SE~I~; 40.00 acres Sec, 9, Stt~ta, 80.00 acres NFJaS~, 40.00 acres Lots 4, 5 and 6, 81.10 acres StrIFe, 80.00 acres SF.~; 160.00 acres Sec. 10, LOts 4-6 and 8-11, 155.87 acres S~t/SF~; 40.00 acres Sec. I1, Lots 6-9, 116.49 acres F__,~; 80.00 acres Sec. 16, Lots I-I0, 253.64 acres l~ql~, 40.00 acres SF~, 160.00 acres SFJ-,,SI~; 40.00 acres Sec. 17, Lots I and 4-6, 92.46 acres NF~NEQ; 40.00 acres ~ayor Vincent O'~eilly 4 November 6, 1979 Sec. 18, Lots 2 and 4; Containing 42.42 acres 3,037.73 acres T. 6 N., R. lib/., Sec. 33, Lots 1-~, 7, and 10-12, Sec. 34, LotS 1-5, 9, 10, 12-14, 37, 38, 54, 56, 72, 76, 93, 94, 96, 97, 99-101, 103, 104, 108, 109, 118, 120, 121, 125-129, 142, 143, 145, 147, 150, 153, 154, 160, 162, 163, 168-170, 172 Sec. 35, ~ excl. Sec. 36, All; Containing Total Subsurface Estate 20.00 acres 20.00 acres 20.00 acres 80.00 acres 40.00 acres 20.00 acres 122.50 acres 20.00 acres 80.00 acres 10.00 acres 5.00 acres 20.00 acres 10.00 acres 20.00 acres 10.00 acres 10.00 acres 10.00 acres 20.00 acres 40,00 acres 80.00 acres 20.00 acres 40.00 acres 155.00 acres 80.00 acres 640.00 acres 1,592.50 acres 5,110.64 acres Kenat Pool Seward Neridian, Alaska Surface and Subsurface Estate T. 5 N., R.'8 ~., Sec. 36, Lots 2-4 and Tract A of Block i of ASLS 73-146; 10.92 acres Total Surface and Subsurface Estate 10.92 acres Hayor Vincent O~Reilly 5 November 6, I979 The City of Kenai is invited to c~nt on the proposed actions. Upon request by the governing body, chief executive officers or planning agency, the Department of Natural Resources ~rlll consult ~ith an official named in the request. The comments or request for consultation must be received by the Land and Resources Planning Section, Division of Research and Develotment, Department of Natural Resources, 323 E. 4th Avenue, Anchorage, Alaska 99501, ~rlthin 15 days after receipt of thisnotice. If no comments are received ~tthtn the 15 day period prescribed above, the Department of Natural Resources ~ill proceed ~lth the proposed classification action and the subsequent conveyance of the subject land to the United States. Sincerely, STEPHE~ REEVE, Chief Land and Resources p!_n_nning Section THE FOLLO~I~G ITENS ARE O¥~R $500.00 llillCH ~IfED COUNCIL APPROVAL OR RATIFICATIOI~ · ~lOUl~ DESCRIPTION PROJF. CT/DgPAR'I~EN? ACCOL~T CHARGE 11121/79 FOR APPROVAL Air-Tek, Inc. 797.50 FAA Radio Airport Admin. ~fachtnery & Equipment Baker & Taylor 546.20 Books Library Books Books Library Books Books Library Books Bo~anan Distribution 528.80 Supplies Shop Operatin~ Supplies Supplies Shop ~ OperatinS Supplies Chevron 6~o87 Gasoline Shop OperatinS Supplies Doyle's Fuel Service 729.00 Propane was Operating Supplies Stove 011 Shop Operatin$Supplles Firestone Stores 1,898.90 Chains Shop Repair/Hatnt. Supplies Richard Carnett 2,754.00 Hemvi-D~ty Electric 2,~&.OO go~er Electric 5,415.08 Travel 1,9&6.0~ Oct. Legal Services City Attorney Professional Services Current Regulator Airport N$O Repair &~aincenance October Electricity Various Utilities Trouble C~ll WSS Repair &Hainte~nce Air Fare Police Trnaaport~tion Air Fare Lelinlative Transpor~ation Air Fare P~-Ad~in. Tr~spor~ation City Naaaser Position City Renager Advertising Special Heeting City Clerk AdvortisinS City Attorney Position City Attorney Advertising Co~rehon~ive PLan Legislative Advertising Public Outcry Auction l~-Ag~in. Advertisin8 City Clerk Position City Clark AdvertistnS Sno~ Removal l~-Admis. Advertisin~ City Bid List l~-A~in. Advertising Co~prehensive Plan P~-Admin. Advertising Police Vehicles City C1ork Advertisin8 ~OU~IT 797.50 228.96 310.26 6.98 659.05 69.75 65&,87 21.00 708.00 1,898.90 2,754.00 2,444.00 5,314.73 100.35 599.O& 1,O77,60 269.60 65.36 22.50 75.00 52.50 125.00 75.00 65,00 30.00 37.50 18.7~ 10576 10~52 10437 10823 10086 10949 10986 00933/ 10569 P~ninsuLa Clarion 526.61 10574 10978 10780 10901 10901 10935 10625 10699 10757 10793 10779 10816 10926 10961 1100~ 11/~''v9 Pase 2 V~R Kenai Peniosul~ Borough FOR Tr~eler~ I~u~a~e ~Y Yi~l ~y Depar~ C~ I~urance ~cy pnn ~ F~T I DFPARTHE..~'T 2,265.42 Tires Shop 999.00 Signs Airport )fid) Signs Streets I · 571.23 Supplies STP Counters & Sink STP 589.90 Election Judge Expe~e City Clerk 646.59 Travel Reimburse~ent City Attorney 9,102.78 October ~edical Insurance Various 21,093.75 Principal Revenue Bomts lnterest Te~ml 3·4&7.00 October Workmen'a Co~. Various 250·000.00 Cert. of Deposit-Ill6/79 TO) Z)0,000o00 Cert. of Deposit-Ill6/79 TCD 250·000.00 Cert. of Deposit-Ill6/79 TO) 3)0·000°00 Cert. o[ Deposit-Il/6/79 TCD 275,000.00 Cert. of Deposit-Il/9/79 TO) ACCOU~IT CItARGE Repair/Haint. Supplies Repair/~lalnt. Supplies Repair/Haint. Supplies Operating Supplies Repair & )laioteaance Professional Services Transpor~ation Health Insurance Payable Interest ~/ork~en * s Compensation Central Treasury Central Treasury Central Treasury Central Treasury Celltral Treasury 2,26).42 400.40 )98.60 391.48 1,179.75 )89.90 646.59 9.102.78 15,000.00 6,093.75 3,441.00 250,000.00 250,000.00 250,000.00 350,000.00 275,000.00 P.Oo 10871 i0~15 10415 1069& 02215 10989 DESCRIPTION REQUISITIONS OVER $500oO0~HICH NEF. D COUNCILAPPROVAL 11/21/79 DEPArTmENT AC~O~T ~40Ul'ff, Air-Tek, Inc. Cordova Construction Kc*nat PeninsuLa Borough tl~tchinery & Drill Repair Terminal & Run~ay Lighting System Airport Terminal InstalLation of Counters aC STP STP Election Judge Expense City Clerk Rebuild Cyclo Blm~er STP Repair & liain£enance Repair & ~lalntenance Repair & Naintenance Professional Services Repair i ]tatntenance 1,000,00 1,000.00 600.00 589.90 1,200.00 .* CITY OF KENAI ORDINANCE NO. 538-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 STATE JAIL CONTRACT FUND BUDGET IN THE AMOUNT OF $I0,000. WHEREAS, the City of Kenai has approximately $20,400 remaining in the State Jail Contract Fund Balance, and WHEREAS, the Police c3qie£ has reouested that $I0,000 of this balance be used to purchase an automobile and radio package for the Jail facility, and WHEREAS. proper accounting practices require that all aporopriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations be made: STATE JAIL CONTRACT Increase Estimated Revenues: Contribution from Fund Balance Increase Appropriations: Jail-Machinery and Equipment ($10,000) $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR FIRST READING: December 5, 1979 SECOND READING: December 19, 1979 EFFECTIVE DATE: December 19, 1979 Janet Whelan, City Clerk Approved by Finance Director,~.~-~ CITY OF KE NAI ORDIN/U',,ICE NO. 539-79 AN ORDINANCE OF TIIE COUNCIL OF THE CITY OF KENAI, ,~.LASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL FUND BUDGLZr BY $750. WHEREAS, the City of Kenai has received $I, 000 from the State of Alaska as a library grant, and WItEREAS, the City included $250 of this amount as estimated revenues in the original 1979-80 General Fund budget, and WHEREAS, it is now the desire of Council to appropriate the remaining $750, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows in the 1979-80 General Fund Budget: Increase Estimated Revenues: State Library Grant $750 Increase Appropriations: Library-Books $750 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of De~ember, 1979. ATTEST: VINCENT O'REILLY, MAYOR ~\-~\-'t ~ FIRST READING: ~ 1979 SECOND READING: r, .,,o~- ~, I~70 EF~CTI~ DATE: ~ ~. ,. ~a Janet Whelan, City Clerk Approved by Finance Director CITY OF KENAI ORDINANCE NO. 540-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "FRONTAGE ROAD" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN SUCH FUND BY $18,000. WHEREAS, it is desirable that Frontage Road in the City of Kenai be upgraded, and WHEREAS, engineering design is necessary to acquire cost estimates of completing the upgrading, and WHEREAS, some $31,720 of 1974 Refunded Street Bond monies are as yet unappropriated, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: !?ronta~e Road Capital Pro~ect Fund Increase Estimated Revenues: 1974 Refunded Bonds (Streets) $18,000 Increase Appropriations: Engineering $18,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of December, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk First Reading: November 21, 1979 Second Reading: December 5, 1979 Effective Date: December 5, 1979 Approved by Finance-~.,~. CITY OF KENAI RESOLUTION NO. 79-152 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following transfer of monies be made in the 1979-80 Water and Sewer Special .~evenue Fund Budget: WATER AND SEWER SERVICES From: Contingency ($350) To: Advertising $350 This transfer is needed for advertising necessary to acquire 7.59 acres of State land for use as a well site and sanitary reserve. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST: Janet Whelan, City Clerk Approved by the Finance Directort~.~, VINCENT O'REILLY. MAYOR CITY OF KENAI RESOLUTION NO. 79-153 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following transfer of monies be made in the 1979-80 Water a~l Sewer Special Revenue Fund Budget: From: Water & Sewer Services - Contingency To: Water and Sewer Services - Repair and Maintenance Supplies ($2,500) $2,500 This transfer is needed to replenish the repair and maintenance supply account, which has been depleted due to water line breaks and related repair costs. PA.-q,~ErJ BY TILE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of !Iovcmbe~' 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet ~¥helan, City Clerk Appl'oved by the Finance Director ~ /,.~ f~ Vr CITY OF KENAI RESOLUTION NO. 79-154 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: Contingency ($4,000) To: Legal-Professional Services $4,000 This transfer provides monies for the estimated charges remaining for attorney fees relatiI~g to the Constellation Aircraft Case and the Kenai Peninsula Newspaper Case. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST= VINCENT O'P. EILLY, MAYOR Janet Whelan, City Clerk Approved by Finance: ~z.~/~ CITY OF KENAI RESOLUTION NO. 79-155 A P.E$OLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING TBE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1979, AND THE REPORT TO MANAGEMENT DATED OCTOBER, 1979. WHEREAS, the Finance Department has completed the annual financial report for the fiscal year ended June 30, 1979, and WHEREAS, the firm of Coopers and Lybrand has issued an opinion on the annual financial report and has prepared its ~eport to Management, and WHEREAS, representatives of Coopers and Lybrand presented to the City Council the above-mentioned reports at the regular Council meeting of November 7, 1979. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Comprehensive Annual Financial Report for the f£scal year ended June 30, 1979 and the Report to Management dated October, 1979 be hereby accepted by the Council of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST= Janet Whelan, City Clerk VINCENT OtREILLY, MAYOR CITY OF KENAI RESOLUTION NO. 79-156 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= Animal Control-Operating Supplies ($200) To= Animal Control-Utilities $200 This transfer is needed to pay the water and sewer utilities through June 30, 1980 for the Animal Shelter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk Approved by Finance: 6g~ CITY OF KENAI RESOLUTION NO. 79-157 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: City Manager-Salaries ($2,000) To: Legislative-Miscellaneous $2,000 This transfer provides monies for a Christmas party for City employees and other invited guests. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. ATTEST: VINCENT O'REILLY, MAYOR Janet Whelan, City Clerk Approved by Finance:6'~j.' CITY OF KENAI RESOLUTION NO. 79-158 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-Transportation ($150) To: Finance-Miscellaneous $150 This transfer provides additional monies for submission of the City's financial statement to the Municipal Finance Officers Association for review. PASSED BY THE COUNCIL OF THE CITY OF K~AI, ALASKA this 21st day of November, 1979. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: CITY OF KENAI RESOLUTION NO. 79-159 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI) ALASKA) AUTHORIZING THE PURCt~SE OF A SNO~BLOWER. I~HEREAS, the need for a snowblower for the City of Kenai has been established, and I~HEREAS, Federal Revenue Sharing Funds have been appropriated for the purchase of a snowblower, and WHEREAS, it is in the best interest of the City of Kenai to purchase a used snowblower, and I~HEREAS, there is only one supplier which can furnish a used snowblower suited to the needs of the City of Kenai. NOIr, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI) ALASKA that the Council hereby authorizes the purchase of one used loader mounted Caterpillar snowblower £or $32,800, according to the provisions of Section 7.15.050 {2) o£ the £enai Municipal Code. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979. VINCENT OtREILLY, I~IAYOR ATTEST: Janet ~helan, City Clerk AMENDmeNT TO LEASE The lease dated August $, 1977 between the City of Kenai and Andy's Flying Service, Inc. recorded in Book 113, Page 61 in the Kenai Recording District is hereby amended in the following respect= 1. On page 2, first paragraph should read: 'The purpose for which this Lease is issued is: for aircraft tie-downs. In all other respects, the main body of the lease shall remain the same. DATED this __day of November, 1979. CITY OF KENAI By: Acting City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT On this day of November, 1979, before me personally appear~d~s A. BRO~N, known to be the person who executed the above Amendment to Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. Notary Public in and for Alaska My Commission Expires: 'D STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this /~ day of November, 1979, before me personally appeared Davi~--L. Diamond, known to be the person who executed the above Amendment to Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein. Ndta.Z~ Public in and fOr-Alaska My C6mmission Expires: COOPERS & LYBRAND 430 V~/£$T $£v£.1'. AV[NU£ A#¢HOI;AGI~ AI.A.~K4 99501 1901! Z'/4 - 3602 October 25, 1979 City of Kenai P. O. Box 580 Kenai, Alaska 99611 Dear Sirs: In reply refer to: Audit Proposal: Airport Terminal Fund - HUD - Public Facilities Loan Location: Kenai, Alaska In accordance with your request for proposal to perform an audit for fiscal year ended June 30, 1979 - Airport Terminal Fund, HUD - Public Facilities Loan, we submit the following information: We are "Independent Public Accountants" as defined in the "Audit Guide for Audit of Loan Management Activities of the Public Facilities Loan Program for Use by Independent Public Accountants" according to Chapter 2, Item 4. . e We will comply with the guidelines in the Department of Housing and Urban Development, Office of Inspector General "Audit Guide for Audit of Loans Management Activities of the Public Facilities Loan Program for Use by Independent Public Accountants." 3. Classification of Accountants: Staff Assistant; $37 per hour or $296 per 8 hour day. Senior; $48 per hour or $384 per 8 hour day. Manager; $85 per hour or $680 per 8 hour day. Partner; $135 per hour or $1,080 per 8 hour day. PUBLIC ACCOUNTANT5 City of Kenai - Page 2 October 25, 1979 e We estimate that 4 man-days will be required to perform the audit.. We estimate $200 in out-of-pocket costs. The estimated maximum fee based on conditions present at the time of the job survey including out-of-pocket costs to be charged for the audit will not exceed $1,500. We estimate that the audit will begin on or about November 1, 1979, and our report will be delivered by December 15, 1979. If during the course of our examination, it becomes apparent that we will not meet this deadline, you will be promptly notified. Enclosed is an agreement for auditing services. If the terms of the agreement are acceptable to you, please indicate by signature of an authorized official of the City. Respectfully submitted, Enclosure COOPERS & LYBRAND 4'40 WE:~T ,~Ir~E:NTH AVE:NUE: ANCHORAGE:. At.~.f, KA 99501 (~,07] 274°3602 October 24, 1979 City of Kenai P. O. Box 580 Kenai, Alaska 99611 Dear Sirs: In reply refer to: Audit Proposal: Federal Revenue Sharing Funds Location: Kenai, Alaska In accordance with your request for proposal to perform an audit for the fiscal year ended June 30, 1979, Federal Revenue Sharing Funds, we submit the following information: We are "Independent Public Accountants" as defined in the "Audit Guide and Standards For Revenue Sharing and Antirecession Fiscal Assistance Recipients" according to Section 51.101 of the Revenue Sharing Act (Title I of State and Local Fiscal Assistance Act of 1972 Public Law 92-512 as Amended). e We will comply with guidelines in the Department of the Treasury, Office of Revenue Sharing "Audit Guide and Standards For Revenue Sharing and Antirecession Fiscal Assistance Recipients.': The scope of the financial and compliance audit will include Federal Revenue Sharing Funds and Antirecession Fiscal Assistance Funds for the fiscal year ended June 30, 1979. The resulting audit reports will be sufficient to meet the requirements of these instructions. 3. Classification of Accountants: ae Staff Assistant; $37 per hour or $296 per 8 hour day. Senior; $48 per hour or $384 per 8 hour day. Manager; $85 per hour or $680 per 8 hour day. Partner; $135 per hour or $1,080 per 8 hour day. City of Kenai - Page 2 October 24, 1979 We estimate that 6 man-days will be required to perform the audit. We estimate $500 in out-of-pocket costs. The estimated maximum fee based on conditions present at the time of the job survey including out-of-pocket costs to be charged for the audit will not exceed $3,500. We estimate that the audit will begin on or about November 1, 1979, and our report will be delivered by December 15, 1979. If during the course of our examination, it becomes apparent that we will not meet this deadline, you will be promptly notified. Enclosed is an agreement for auditing services. If the terms of the agreement are acceptable to you, please indicate by signature of an authorized official of the City. Respectfully submitted, Enclosure AGREEMENT BET~IEEN OWNER A~O ARCHITECT THIS AGREEMENT made this day of November, 1979, between CITY OF KENAI, P. O. Box'-~0, Kenat, Alaska 99611, the Owner, and CAR/dEN VINCENT GINTOLI, Suite 210 Professional Building, P. O. Box 3504, Kenai, Alaska 99611, the Architect. It is the intention of the Owner to erect a City Hall hereinafter referred to as the Project. The Owner and the Architect agree as set forth below. I. THE ARCHITECT shall provide professional services for the Project with a total construction cost not to exceed in accordance with the Terms and Con- dltiohs of this Agreement. II. THE OrtNER shall compensate the Architect, in ac- cordance with the Terms and Conditions of this Agreement (and over and above the previous payment in the amount of $2,500.00 for initial work on preparation of Schematic Designs for this Project) as follows: a. FOR THE ARCHITECT'S BASIc SERV/CES, as described in Section 1.1, including weekly periodic visits pursuant to Paragraph 1.1.11, Basic Compensation (which includes payment for a Project Inspector during actual con- struction) in the amount of 8% of Construction Cost of the Project, but not to exceed $49,000.00 sift;jeer to Section 6.1 and Article 8 herein. b. FOR T~EARCHITECT'S ADDITIONAL SERVICES, as described in Section 1.3, compensation computed as followss For Principal's time at the fixed rate of $45.00 per hour. For the purposes Of thisAgreement, the Principal is: Carmen Vincent Gintoli, Architect For Employees' time at: Drafting ..... $20.00 per hour ~ecretarial . . . $10.00 per hour C. FOR THE ARCHITECT'$ REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6 and Article 8. TERMS ABD CONDITIONS OF AGREEME~T ARTICLE 1 ARCHITECT'S SERVICES 1o i Basic Services The Architect's Basic Services consist of the four phases described below and include normal structural, m~chanical and electrical engineering services. (Schematic designs previously presented will be continued and additional work thereon is included in the payment schedule set herein. ) These services include without being limited thereto, the services set forth in the Proposal of Architect dated September 14, 1979 (a copy of which is attached as ~-xhibit 't'] and the further proposals contained in 'S~ope of Services to be Provided' dated Octob%r 18, 1979 (a copy of which is attached as ~-xhihit Pesi~ Development Phase 1.1.1 The Arohitect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Develop- ment Documents consisting of' drawings and other d0euments to fix and describe the size and character of the entire Project as to structural, mechanical, and electrical systems, materials~_. and such other essentials as may be appropriate, and insofar as possible all such structural, mechanical, electrical, and other materials fixed and described shall be standard materials readily obtainable on lo~al markets, which shall include the Anchorage, Alaska area, unless use of other materials is agreed upon by the Owner in writing after full disclosure of advantages and disadvantages of use and ~omparable costs by the Architect. The Architect shall ascertain the availability of any ouch alternative materials which are not standard procurement items in the Anchorage, Alaska area and shall inform Owner of the length of any probable delays in the procurement of these items by the Contractor. 1.1.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost sot to eXceed 90% of the construction budget for the Pro~ect, as set in Paragraph I on Page 1 hereof. Construction Documents Phase 1.1.3 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the cOnstruction of the entire Pto~ect providing for a structurally sound building in which all systems work efficiently, including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Contraot, and the form of Agreement between the Owner and the Contractor. The Architect shall supply 35 sets of construction documents. The sub- stantial aspects of the design as indicated by the working drawings and specifications shall comply with the requirements and regulations adopted pursuant to the Occupational Safety and Health Act (OSHA) and all requirements of local and state building, fire, and other codes at the time of comple- tion of the construction d0cu~ent phase of the work. ARCHITECT AGREEMENT - 2 1.1.4 The Architect shall provide the Owner with a Cost Estimate of the Project. Said estimate to be reviewed during the Construction Document Phase with the Owner to determine budget requirements. 1.1.5 The Architect shall file the required documents for the approval of state and local governmental authorities having Jurisdiction over the Project and be responsible for obtaining all necessary approval. Biddin~ Or Negotiation Phase 1.1.6 The Architect, following the O~mer's approval of the Construction Documents and of the Cost Estimate, shall assist the Owner in preparing the construction contract and obtaining bids or negotiated proposals thereon, and in awarding the contract. Construction Phase - Administration of the Construction Contract 1.1.7 The Construction Phase will co~ence with the award of the Construction Contract and will terminate when the final Certificate for Payment is approved by the Owner. 1.1.8 The Architect shall provide Administration of the Construction Contract as set forth herein, and the exteut of his duties and responsibilities and the limitations of his authority as assigned hereunder shall not be modified without written consent of both parties. 1.1.9 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with thgOwner, and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided herein unless otherwise modified in writing. The Architect shall provide the Owner with copies of all respondence relating to the Project and shall promptly inform the Owner of any circumstances affecting the quality, cost, or completion of the work. The Owner reserves the right to approve and to make all final de~erminations of whether an item or material proposed by the Contractor as a substitute for a specified item or material equals or exceeds the item or material specified in the construction documents. 1.1.10 Both the Architect and the Owner shall at all times have access to the Work wherever it is in preparation or progress. 1.1.11 For the contract fee the Architect, or his consultants, shall make periodic visits to the site for familiarization generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to ascertain whether the work then in process is in accordance with ~he Contract Documents and to inform and to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in eonneutlon with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents except for the responsibilities contained in Paragraphs 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.17, and 1.1.19. ARCHITECT AGREEMENT 1.1.12 Based on such observations at the site and on the Contractor's Applications for Payment, the Archite~t ~h~ll determine the amount owing to the Contractor and shall i~ue Certificates for Payment in such amounts, but the Architect may request proof of payment to sub-contractors or material- men, or releases from subcontractors or materialmen, before issuing Certificate for Payment. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architectes observations at the site as provided in Paragraph 1.1.11 and on the data com- prising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qual- ifications ~tated in the Certificate for Payment), and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract Sum. 1.1.13 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by the Contractor. The Architect shall make decisions on all claims and questions of the Contractor relating to the execution and progress of the Work and on all other matters or questions related ~"~. thereto. -~ 1.1.14 The Architect shall have authority to stop process of Work, or reject Work, which does not conform to the Contract Documents. ~fnenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisA~ns of the Contract Documents whether or not such Work be then fabricated, installed, or completed. 1.1.15 The Architect shall review and approve shop drawings, samples, and other submissions of the Contractor for con- formance with the design concept of the Project and for compliance with the information given in the Contract Docu- ments. 1.1.16 The Architect shall prepare Change Orders as directed by, and for approval by, Owner. 1.1.17 The Architect shall conduct inspections to determine the Dates of Substantial Completion and Final Completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment on final completion of the Work in full compliance with the Construction Documents. When the Architect has determined the Date of Substantial Completion, he will issue a Certificate of Substantial Completion allowing for beneficial occupancy by the Owner, setting a reasonable time for the Contractor to correct any deficiencies and complete the Work, and making recommendations (based on then current market values end labor costs) of the amounts of payment to be withheld by the Owner until the deficiencies are corrected and Work completed. ARCHITECT AGREEMENT - 4 1.1.18 The Architect shall not be respOnsible for the acts or omissiog~ of the Contractor, or any Subcontractors, or any cf the Contractor's or Subcontractors* agents or employees, or any other persons performing any of the Work which is not within the scope of the duties of the Architect under this contract or assumed by the Architect or one of his employees. 1.1.19 The Architect shall provide full inspection services as follows= Provide a minimum of one weekly visit to the site and provide written report of the Contractor's progress. Attend additional job site meetings as required or for any problems which may arise during construction. The Architect anticipates more frequent visits to the site, due to his geographic proximity, but this is not required under the terms of this Agreement. Review and approve ~aterial~ submittal% and shop drawings. Verify Contractor's compliance wit~ CEIP regulations. 1.1.20 The Architect shall be responsible to the Owner for any deficiencies in the Work or variance from the Contract Documents which were noted, or should have been noted, by the Architect in his weekly inspections unless the Architect uses the authorities, granted herein to secure correction by Contractor of such deficiencies or variances. 1.1.21 The Architect shall furnish the Owner within three months after final completion of the Work, with necessary sets of all documents prepared under this contract and at the conclu~ion of the Work shall furnish either #As Built# Drawings or, at the option of the O~er and without additional cost, the original reproducible WorkingD~awings and the marked-up prints, drawings and other data shOWing the building #As Built' and furnished to Che Architect by the Contractor. All drawings required herein shall be on good quality vellum, mylar, or equivalent.so that they will be fully reproducible. The Project shall not be closed out until all required drawings have been submitted to, and accepted by, the Owner. 1.1.22 The Architect agrees to carry all insurance required by law, and standard policies to'insure the Architect and the Owner against any claim arising out of or caused by errors or omissions of the Architect in the performance of duties tinder this Agreement and to furnish to the OwRer a copy of such policy or policies or a Certificate of Insurance providing for a 30-day notice of cancellation. 1.1.23 The Architect shall immediately submit to the O~ner copies of all written correspondence received from or sent to the Contractor. 1.1.24 If the Architect is then in the Kenai area, he shall make an inspection, with Owner and Contractor, one year after completion of Project and will provide a written report of deficiencies found in such inspection which should be corrected in order to bring the Project into compliance with the Contract. ARCHITECT AGREEMENT 1.2 Additional Services If any of the following Additional Services are authorized by the Owner in writing, after being informed that the services requested would require additional archi- tectural fees and an estimate of the amount, they shall be paid for by the Owner as hereinbefore provided. 1.2.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.2.2 Providing financial feasibility or other special studies. 1.2.3 Providing planning surveys, site evaluations, or comparative studies of prospective sites. 1.2.4 Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 1.2.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.2.6 Preparing documents for alternate bids or out-of- sequence services requested by the Owner, unless contemplated in original agreement for services. 1.2.7 Providing interior design and other services required for, or in connection with, the selection of furniture and furnishings. 1.2.8 Making major revisions in Drawings, Specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.2.9 Preparing supporting data and othe~ services in con- nection with Change Orders except when required because of design deficiences. 1.2.10 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or in- ventories required Jn connection with construction performed by the Owner. 1.2.11 Providing consultations concerning replacement of any Work damaged by fare or other cause during construction, and furnishing professional services of the type set forth in Section 1.1 as may be required in connection with the re- placement of such Work. 1.2.12 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract unless such default of the Contractor is caused by design deficiencies or ether Work performed, or which should have been performed, by the Architect. 1.2.13 Providing extensive assistance in the utilization of any equipment or system such as initial start up or testing, adjusting and balancing, preparation of operating and main- tenance manuals, training personnel for operation and main- tenance, and consultation during operation. ARCHITECT AGREEMENT - 6 1.2.14 Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded as extended by more than 30 days through no fault of the Architect when 20 days' written notice thereof has been given the Owner by the Architect, providing specifically, however, that the Owner reserves the right to administer the contract after receipt of such notice, and no payment will be made hereunder to Architect for Additional Service for providing Contract Administration prior to delivery of a written order of the Owner to the Architect to continue providing Contract Administration. 1.2o15 Providing services after issuance to the Owner of the Final Certificate for Payment, other than for completion and delivery of Record Drawings and conducting a year end inspection as provided in Section 1.1.24 abOve. 1.2.16 Preparing to serve or serving as an expert witness in connection with any public hearing, if requested by the Owner in writing. 1.2.17 Providing any other services not otherwise included in this A~reement or not Customarily furnished in accordance with generally accepted architectural practice. AI~TICLE 2 THE O?h~ER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The City Manager (or in absence of a City Manager, the Acting City Manager) of the City of Kenai is hereby designated as representative for the Owner authorized to act in its behalf with respect to the project, and he is hereby authorized, by written notice to the Architect, to appoint, and to rescind the appointment of, a deputy to exercise such authority in his place. The Owner's representative, or his deputy, shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's Work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements, and adjoining property; rights-of-way, restriction~, easements, encroachments, zoning, deed restriC- tions boundaries, and contours of the site; locations, dimensions, and conkDlete data pertaining to existing buildings, other improvements, and trees; and full information concerning available service and utility lines, both public and private, abOve and below grade, including inverts and depths. 2.4 The Owner shall furnish structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the Contract Documents. 2.5 The Owner shall furnish such legal, accounting, and insurance counselling services as may be necessary for the Project, and such auditing services as the Owner may require to ascertain how or for what purposes the Contractor has used the monies paid to him under the Construction Contract. 2.6 The services, information, surveys, and reports required by Sections 2.3 and 2.4 above shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARCHITECT AGREEMENT - 7 2.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, be shall give prompt written notice thereof to the Architect. 2.8 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost does not include the compensation of the Architect and consultants, the cost of the land, rights-of-way, movable equipment or furnishings, or other costs which are the responsibility of the Owner as provided in Section 2.3 through 2.6 inclusive. 3.2 Statements of Probable Construction Cost and Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construc- tion industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials, or equipment, over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. 3.3 If a Statement of Probable Construction Cost or a f'~. Cost Estimate exceeds 90% of the construction budget for the %~w Project, the Owner shall (1) give written approval of an increase in such fixed limit or (2) cooperate in revising the Project scope and quality as required to reduce the Probable Construction Cost. If the lowest bona fide bid or negotiated proposal exceeds the construction cost established as a condition of this Agreement, the Owner may, in its discretion, elect to (1) give written approval of an increase in such fixed limit, (2) cooperate in revising the Project scope and quality as required to reduce the Construction Cost, or (3) authorize rebidding the Project within a reasonable time. In (2) of either case the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the said statement, estimate, or bid within the fixed limit. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compensation in accordance with this Agreement. ARTICLE 4 GROSS SALARY 4.1 Gross Salary of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers, and typists, in consultation, research, and design, in producing Drawings, Specifications and other documents pertaining to the Project, and in services during construction at the site. 4.2 Gross Salary means the hourly rate of pay of such employees prior to any withholding required by state or federal law or contracted for or agreed to by said employees, ARCHITECT AGREEMENT - 8 and such hourly rates are set forth in Exhibit 'B' which is attached hereto and by reference incorporated herein. 4.3 The Architect shall bill the Borough promptly each month for all services performed during the preceding calendar month. Services which have not been billed within 90 days of performance shall not be paid for. ARTICLE 5 REINBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Paragraphs: 5.1.1 Expense of fees paid for securing approval of authorities having Jurisdiction over the Project. 5.1.2 Expense of reproduction of contract documents, if any, required in excess of 35 sets which Architect has agreed to furnish tn Section 1.1.3 above. 5.1.3 If authorized in advance by the Owner, expense of overtimework requiring higher than regular rates. 5.1.4 Expense of computer time when used in connection with Additional Se~vices. ARTICLE 6 PAYMENTS TO THEARCHITECT 6.1 Payments on account of the Architect's Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion o~feach Phase shall equal the following percentages of the t6~al Basic Compensation: I Initial Payment on Execution of Agreement .......... $4,900.00 Schematic Design Phase ..... 4,900.00 Design Development Phase .... 9,800.00 Construction Documents Phase . . 22,050.00 Bidding or Negotiation Phase . . i/3 of balance Construction Phase ....... 1/2 of unpaid balance Furnishing 'As Built" Drawings.. remaining balance This contract is autom~tically suspended after each of the above phases until Owner approves such phase, which will authorize proceeding with the next phase, and no payments will be due or made for any part of a phase performed before such approval of the previous phase. 6.2 Payments for Additional ~ervices of the Architect as defined in Section 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect*s statement of services rendered. 6.3 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to automatic suspension under 6.1 or prior to receipt of written ARCHITECT AGREEmeNT - 9 notice from the O~er of suspension or abandonment, together with Reimbursable Expenses then due and all terminal expeuses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of the Architect's Direct Personnel, Consultant, and Reimbursable Expenses pertaining to the Project, and recOrdS of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized represent- ative during normal office hours. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement msy be terminated By either party upon seven days' written notice should the other party fail to stlbstantially perform in accordance with the terms thereof without fault of the party terminating. This agreement may also be termi~ated when, in the sole discretion of the Owner, it becomes unfeasible or unnecessary to build the project contemplated by this agreement. In the event of termination not due to the fault of the Architect, the Architect shall be paid his compensation for services perfor~ to termination date, including Reimbursable E~penses then due and all terminal expenses, and this shell constitute the Architect's sole right and recourse against the Owner. Should this contract be terminated because the Architect has failed to substantially perform his duties in a timely manner, then the Architect shall be paid only for the reason- able value of his services to-date less any damages or additional costs incurred by the Owner as, a result of the Architect's failure to perform his duties. The Architect expressly waives any other recourse against the Owner. 8.2 This Agreement may be terminated by Owner upon seven days' written notice to Architect in the event no agreement can be reached between the parties on renegotiation of Architect's compensation under Section 6.3. ARTICLE 9 OWNERSHIP OF DOCUMENTS 9.1 Drawings and Specifications, whether or not completed, which arc produced and paid for under this contract, shall be the property of the Owner whether the Project for which they are made is executed or not, with all rights of use thereOf. The Owner specifically relieves the Architect of any responsibility or liability pertaining to any u~e thereof, in whole or in part, unless the Architect is employed for such use. ARTICLE i0 SUCCESSORS AND ASSIGNS 10.1 The Owner and the Architect each binds himself, his ARCHITECT AGREEMENT - 10 partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners, successors, assigns, and legal representatives of such other party, with respect to all covenants of this Agreement. ~either the ~ner nor the Architect shall assign, stab~et, or transfer his interest in this Agreement without the written ~Onsent of the other. ARTICLE 11 EXTEhlT OF AGREEN~IT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both ~a~er and Architect. ARTICLE 12 C,O'v'g~ilNG LAW 12.1 Unless othe~wise specified, this Agreement shall be governed by the law of Alaska, and a~y lawsuit brought thereon shall be filed in the Third Jmticial District at Kenai, Alaska. 12.2 This Agreement is entered into pursuant, and shall be sub, eot to, the provisions of that Contract for Serviges, including Appendix A and Appendix S attached thereto, between the City of Kenai and the Department of and Regional Affairs dated July 2~, 1979, a copy of which is attached hereto as Exhibit ARTICLE 13 TI~iS OF PERFOI~,UIIICT, 11.1 The Agreement of A~chitect included in th~ Proposal (Exhibits "A" and "B") to provide Contract Documents by March ~1, 1980, was _..~a4e dependent on notice to proceed by Owner, and performance requires approval by O~ner of various phases under this contract as follows~ 13.1.1 13.1.2 1~.1.$ Program Approval, including area desired and maximum construction budget ..... 11/21/79 Schematic Designs ...... 12/5/79 Design Development ..... 1/16/80 This Agreement is executed on the day and year first written above. ARCHITECT AGRE£M~IT - 11 City r4anager Po O° Box 580 ~enai, Ak 99611 ARCHITECT AGI~EM~NT - 12 carmen vincent gintoll, architect ~Xna;~as~~! building suite 210 907 283'7732 Clty of Kenal September 14, 1979 ., R~FO,~L , To fulf~l[ ell requirements of the Design Consultants In accordance with Coastal Energy Impact Program Ccertract wlth t~he City. -, Ir~ addition to these requirements we propose.to do the tgi Io~lng: · ~,ontlnue the schematic design phase which thls fire began under a separate contract untll a satisfactory solution Is achieved. ! -Research Innovative energy conservation techniques end prepare grarr~ appl Icath~ns for same through the U. S. Department of Energy #Rl~proprlate Technology Grant" end "Demonstra~ ! on .ProJect Grant" programs. I f the Clty chooses to accept said technlqueso -Upofl the completion of ~he Preliminary Design Phase present the City with a finished, scaled model and full color rendering of the ProJect. -Complete ~he Contract'Document Phase for blddlng no later than · ' March 1980 to aliow for best posslble blds and to begln construction In early Spring of 1980. This date wi II depend upon Notice to Proceed to us from the City. -Provide the Clty ~l~rh 35 sets of Contract Documents for Bidding Purposes. -Provide supervlslen and Inspectlon services during constructlono .-Provide "As built" dra~lng.s upon completion of construction° -include all Iter~ usually considered "reimbursables", such as Con~ract Document I)rlntlng~ travel~ long dlsta~qce com~unlcaflons and etc. City of Kenel PrOposal Septe~nber 14, 1979 Page Two -Provide the City wlth reproducible drewlngs-of the projec~o As part of thls proposal Is our Intpnt to u~e local englne~rlng consultants in disciplines which are avallableo A~ac.hed herewith and a part of thi~roposal are ~he resumes of key personnel who will be directly Involved in the project. Respectively Submitted ,. cemn vincent ~Intoll, architect Carmen V.'Olntoll carmen vincen~ ~;ntoli, arc,~i~ect l~ox ~50.4. p~fe. ssional building suite 210. Kenal, alaska gS511 907 283'7732 .10 October Ig7g TO: The City of Kenai Subject: Proposals for City Ad~lnls;ra?;on Bul Idtng SCOPE OF SERVICES TO BE PROVIDED Eevle~ all progra~ tnformetlon obtelned during the scheretic design phase ~hlch thls flrm'began under · separate contract. Review schematics previously prepared wlth the Councll for ']' eddltlonal input. - .... ~ Revle~ schematics wlth Glty Adminlst~atlon Department.heads for confirmation of spaclal.requlrements and proximity with ~ther departments. Review schemetlcs with Heath Center and Depa~ment of ~evenue Directors. Arrange fo~.Publlc Hearing for input from the Community, if' Council so d==lres. . ~ UpOn acceptance of the Schematic Design Phase, begin model construction and rendering for Pu~ll~ display. . . S~ILS TESTING: D~ sufficient soils testing to determine stablllty for the proDOsed project; aha further determine tha suitabll?y of the so~:s for future ve~cle expansion. (Soils lnvestlgaticn t~ ~c.~;n u;,on ecce~tcnce cf this proF~sai.) DESItiN S~H£~ATIC~: To ~e continued ,;~On =cceptahce o~ the PR. OSR~?~ING Phase, and ~evelope~ ~s,to Prettminary Design Phase. Upon compleflon of the Prelimln~ry Design ~hase, another revle~ ~lll be held ~ithCouncll and Administration, end the Public. CONTRACT DOCumENTS: Prepare Contract Dre~ings a,,d Technical SpeclftcetlOn in accordance ~ith City of Kenal e~d CEIP reculrements. Said docu~t.ts to ~e completed durln~j t.'acc~ of 1933. {This dele de;e~oc u~on d~te of notice to ~rc=esd from the City.) 18 October City of Kenai Scope of Services page Provide the City with 35 sets of Contract Documents for distrubulton during the Bidding Phase. BIDDItI$ PHASE Arrange for the Advertisement for Bids in local and Anchorage newspapers. D Record distribut ton. Account for Bid Document deposits end arrange for return upon receipt of said documents. Arrange for Pre-Bid Conference, ... Conduct the Bid opening or assist the City Adminstratlon at same. Revle~ Bids with the City and offer any assistance re- quired in se~ectlng the Contractor, Arrange and conduct pre-construction conference. It~SPECTION SERVICES:.Provtde. fui! inspection services as iai lows: Provide a minimum written r. eport of the Contr~actorts progress. Attend additional .job site meetings as required or for any problems which may arise during construction. Ye anticipate more frequent visits to the site, due to Our geographic proximity. -..' ' Revle~ and approve materials submittals and shop drawings. Review and approve Contactorts request for payments. Verify Contractorts compllan~e ,tth cEIP regulations. Verify that Contract Documents have bee~ complotly complied.with before final payment is executed. Provide reproducible and as bul Id drawlngs. The fee for the above work and as further outlined in the Proposal dated September 14th ]979 shell be Eight percent of the construction cosf~ with a maximum not to exceed forty-nine thousand (ag,000) dollars. Respectful ly submitted cer/~en vlnce~.t gJr. tc. ll 0 architect ;t* THIS AGREU. IE~, entered Into as of this ~ . day of ~ · 1979, by and between the CITY OF K£1/AI (herein called the "Contractor"), and the OEPARr~EUT OF COI:-~rIITY A~IO REGIOtlAL AFFAZRS (herein called the "Department"), MITUESSETH THAT: ~HERERS the Department desires to engage the Contractor to render certain technical or professional services hereafter described in con- nection with an undertaking which is expected to be partially financed by a grant from the Uattonat Oceanic and Atmospheric Administration of the United States Department of Con~erce under Section 308(b)($)(B) of the ~attonal Coastal Zone Management Act of 1972 as amended; H~, THEREFORE, the parties hereto do mutually agree as follo~s: 1. Employment of Contractor. The Department hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of Services. (a) The eontractor shall do, perform, and carry out T~a satisfactot~ and proper manner, as determined by the Oepart~nent, the scope of services described In Appendix A;' 3. Personnel. (a) The Contractor represents that he'has or will · ~cure at~-lTo~n expense ali personnel required tn performing the services under this contract. Such person;~el shall not be emploxees of or have any contractual relationship ~tth the Department. (b) All of the s~rvtces required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged tn the ~ork shall be fully qualified and shall be authorized under State and local la~ to perform such services. (c) ~one of the v~ork or services covered by the contract shall be subcontracted ~fLhuut the prior ttrltten approval of the Department. 4. Time of Performance. The services of the Contractor are to co,once as sonn as practicable after the execution of this contract and shall be undertaken and co,~pleted in such sequence as ~o assure their expeditious completion in the light of the purposes of this contract, but in any eyelet alt of thdservices required hereunder shall be co~- pleted by~ay 31, 1980. Tl~e period of performance may be extended for additional portodsby the a~utua! ~ritten agreement of the parties herein. 5. Co_q~nsatton. The Department agrees to compensate or reim- burse the Contractor th~ s~n of $50,090 for the satisfactory performance of services in the co~plettun of the ~ork program described in this contract. Page I of 7 c-! Any travel or perdie~ required for the completion of the project will be reimbursed in accordance with established municipal policy, but not to exceed the General Government Bargaining Unit State rate. Written authority must be obtained fro~ the Depart~..ent for a11 out-of-State travel. The contractor agrees to keep a record of expenses for travel and subsistence, which shall be open to inspection by the Department. $. ~ethod of Pa~nent. The Department ~t11 pay to the Contractor the amount or amounts set forth in paragraph $, which sba1! constitute ful! and complete cempensation for the Contractor's professional services hereunder. Such sum will be paid in the following manner, in every case subject to receipt of a requisition for payment and a progress report fro~ the Contractor specifying that he has performed the work under this contract and that he ts entitled to receive the amount requisitioned. All expenditures incurred against the contract must have recorded docu- mentation, and such documentation shall be made available to the Oeparto merit upon request. Payment ~fll be reimbursable and made on the basis of ~ork cem- pleted. Certified btlliegsmay be submitted to the Department ~onthly. Such billings shall reflect the total costs to date, less 10 percent of the amount eligible for payment by the Oepartment. The billing shall be itemized by category of expense claimed, which itemization shall re¢lect total project costs Incurred. A sum of $5,000 or approximately 10 percent of the amount of compensation set in paragraph 5 shall be retained, tn the manner described above, until the services have satisfactorily been completed, as determined by the Oepartment. Ftnal billing for work performed under this contract ~t11 be sub° m~tted to the Department no later than 60 days after the contract completion date specified In paragraph 4. ~t is expressly understood and agreed that ~n no event ~t1~ the total compensation and reimbursement on the part of the Oepartment, if any, to be paid hereunder exceed the maximum sum of $50,000. 7. ?ermtnatton of Contract for Cause. ~f, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obli- gations under this contract, or if the Contractor sba11 violate any of the covenants, agreements, or stipulations of this contract, the Depart- merit shall thereupon have the right to temtnate this contract by giving ~rttten notice to the Contractor of such terutnatton and specifying the effective date thereof, at least ftv~ (5) days before the effective date of such termination, in that event, ali finished or unfinished docu- ments, data, studies, surveys, dra~tng~, maps, ~odels, photographs, and reports or other ~ateria! prepared by the Contractor under this contract shall, at the option of the Department, become its prooerty, and the Co~tractor shall be entitled to receive Just and equitable compensation for any sat~sfactory~ork completed on such documents and materials. Page 2 of 7 flot~tthstandJng the above, the Contractor shall not be relieved of any liability to the Oepartm. ent for damages sustained by the Oepartment by virtue of any breech of the contract by the Contractor, and the Oepart~nent ma), v~tthhold any pa~nnents to the Contractor for the purpose of setoff until such time as the exact amount of damages due the partment from the Contractor ts determined. 8. Termination for Convenience of Department. The Oepart~ent ~ay terminate this contract at an), time by giving ~rttten notice to the Contractor of such termination and specifying the effective date there- of, at least fifteen days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in paragraph 7 above shat1, at the option of the Oepartuaent, become its property. If the contract is terminated by the Oepartment as provided herein, the Contractor ~tlI be paid an amount ~.&tch bears the same ratio to the total compensation as the services actually performed less payments of compensation previously made: p.rovtde.d.~, however, that if less than 60 percent of the ser¥fces covered by this contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (tn addJtton to the above payment) for that portion of the actua! out-of-pocket expenses (not otherwise reimbursed under this cont. ract) incurred by the Contractor during the contract period ~htch are directly attributable to the.uncompleted portion of the services covered by this contract. ~f this contract is terminated due Lo the fault of the Contractor, paragraph 7 hereof relative to termination shall apply. ' g. ~. From time to time, either party may propose changes tn the scope of services of the contract to be performed hereunder. Such changes, Including any increase or decrease tn the amount of the Contractor's compensation, ~hfch are mutually agreed upon by and bet~men the Oepartment and the Contractor, shall be incorporated tn Yn'ttten amendments to this contract. 10. Revision of Estimated Proj.e.c.t 8udqet. The Contractor shall request prior appro~a! ~rom Lhe Department of an~' revision tn the estimated pro~iect budget which results tn a line item change exceeding 5~ of that line item. !n accordance ~tth the Office of ~.~anagement and 13udget Circular 10g (formerly Fi.lC 74-7) Attach,r,~nt K. cumulative ad~ustn~nts exceeding $~, of the grant budget of $50,000 ~t11 require federal approval. 11. £qual Employment Opportunit~'. (a) The Contractor ~t11'not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Th~ Contractor shall take affSr.~tattve action to ens,re that applicants are e~ployed and that esnployees are treated during e~nplo~ent ~fthout regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to, the folloafng: er~ployme~t, upgrading, den~otJnn~, or transfers; recruJt~.ent or recr,~it..-ent advertising; layoff5 or' termin- ations; rates of pay or Oth~.r for~s of compensation; selection for Page 3 of 7 training, including apprenticeship; and participating in recreational and educational activities. The Cm~tractor agrees to post, in conspicuous places available for employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor, will, in ali solicitations or advertisements for employees placed by or on behalf of the Contractor, state that a11 qualified applicants will receive consideration for employment utthout regard to race, color, religion, sex, or national origin. The Contractor ~ilI cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (bi The Contractor shall keep such records and sub~tt such reports concerning the racial and ethnic origin of applicants for emplo~ent and employees as the Department may require. (c) The Contractor agrees to comply with such rules, regulations, or guidelines as the Department may issue to implement these requirements. 12. Interest of Members of O~part~ent and Others. rio officer, member, or empl'oyee of the Department a~d no members of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being c~rrted out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or having any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. 13. Assignability. The Contractor shall not assign any interest in this contract and shall not transfer any interest in the same (~hether by assignment or notation) without the prior written consent of the Oeparbr~nt thereto: provided, however, that claims for money due or to become due to the Contractor from the Department under this contract may be assigned to a bank, trust company, or other financial institution ~ithout such approval. ~otice of any such assignment or transfer shall be furnished promptly to the Department. 14. Interest of Contractor. The Contractor covenants that he presently has no interest and ~a11 not acquire any interest, direct or indirect, which would conflict in any manner or degree with the perfor- mance of services required to be perforn~ed undqr this contract. The Contractor further covenants that in the perfo~ance of this contract, no p?$nn having any such interest shall be employed. , Page 4 of 7 15. Ftndtnqs Confidential. Any reports, information, data, etc., given to or prepared or ~sse,~b'Fed by the Contractor under this contract which the Department requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Oepartment. 16. Officials llot to Benefit. Iio t~e~bers of or Delegate to the Congress of 'the United"S~ates"bfA~..erfca and no Resident Commissioner shall be adtnttLed to any share or part hereof or to any benefit to arts~ herefrom, ilo member of the Legislature or officer of the State of Alaska shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents. A11 reports, maps, and other documents completed as a part bf 'this contract, other than documents exclusively for internal use within the Department, shall carry the official logo of the Alaska Coastal f.~nagement Progrm'~ and the follo~ing notation on the front cover or a title page (or tn the case of ~aps, tn the same block) containing the name of the Department: "The preparation of this (report, map, document, etc.) vas financed tn part by funds from the Ataska Coastal ~naqement Program and the Office of Coastal Zone Hanagement, llattonal Oceanic and A~:usp~ertc Administration, U.S. Department of Co~rce, administered by the Div- ision of Con, unity Planning, Oepartment of Con~unityandR~egtonal Affairs." 18. Publtc~tton, Reproduction, and Use of [~tertals. 'l~materfal produced, Jn ~hole or tn' pa'rt¥'bnder this contract s'~a11 be ~ubJect to copyright in the United States or in any other country. The Department shall have unrestricted authority to pubtfsh, disclose, distribute and otherwise use, in whole or tn part, any reports, data, or other materials prepared under this contract. 1~. Audits and inspections. At any time during non,al business hours and ~s"~ften as the Department and/or the CumpLroller General Of the United States may deem necessary, there shall be made available to the Oepartjnent and/or representatives of the CompLroller General for examination a11 of its records ~ith respect to all matters covered by this contract and will permit the Department and/or representatives of the Comptroller General to audit, examine, and make excerpts or trans- cripts from such records, and to make audits of a11 contracts, invoices, materials, payrolls, records or personnel, conditions of employment, and other data relating to all matters covered by this contract. ~0. Project Honttoring~_Q_n~d..~pp.~.t~g.. The project will be mon- itored by ~he Department of Co~m)ity and Regional AfFairs. Progress reports ~ill be submitted to the Oep~rtment as a prerequisite to reim- bursement and will provide the follo~ing information: ia) activities completed to d~te; (b) activities planned fo~ U,e next reporting period; (c) comparison of co~;pleted activities to total project work. Page 5 of 7 ~'X /t l ~ i'r' 21. federal Ch'ant Conditions Applicable. The Contractor agrees to be bound by Standard ierms and CO~k~o--~A" through ~'..' (attached as Appendix 8) of the federal grant fro,~ wMch thcs*, contract'funds are made avaHable. ~:hHe ~ver¥ atte,~pt has been made to accurately ~nclude federal requtrer,~ents ~n paragraphs 1 through 19 above, any confltct or omission betueen the above paragraphs and the federal crqd~t~ons w~11 be resolved ~n favor of the federa! requirements. Sepctf~c att. ent~on ts dtrected to Standard Terms E, "A11o~able Cost;" F, "Grantee Hnanctal l.~anagement System;" H, "Third Part.v PartJcfpatJon;" and K~ "Access to Records and Right to Audit." ]1'1 HIT[lESS ~HEREOF, the Department and the Contractor have executed this agreement as of the da), first above uritten. STATE OF ALASKA DEPARTt~IEtIT OF CO)~-IUtlITY Al'ID COIITRACTOR REGXO~LRL AFFAIRS -- Htle~ Pase 6 of 7 APPE[;;,.) I X A SCOPE OF SERVICES In preparation for meeting expected groath in demand for municipal services which will be required by a rapidly qrowing pupulation, the Contractor will carry out all planning and engineering design necessary to provide for a new city administration building. I-tore specifically, the Contractor will: 1) assess city needs for additional space and better space utilization; g) analyze suitable building sites; 3) carry out sufficient soils testing to provide for recon~.en- datfons; 4) prepare ftnal working drawings end specifications setting forth in detail the requirements for the construction of the entire project, including but not limited to: advertisement for bids; general and supplementary conditions; and a project construction cost estimate in sufficient detail that it may be used to evaluate bids frumconstruction contractors. Six copies of alt materials developed in the course of this design will be provided the Department at the conclusion of the work {this require- ment includes the three copies specified in paragraph H of Appendix Bi. Estimated Project Budget Consultant Fee for Design ............. S4g,50~ Municipal Administration .............. SOO Page 7 of 7 °o APPE~IDtX B o~ e~ t~t rea~o~ ~st~ a~soci~f~d ~ole~-y ~%~--h grant clc~e~u=, available in 1075, ~ ~ ~. 74-4, p~ ~s~t of, ~ ~ng for, ~.n~ ~S ~t ~ wri~.e~ r~r.t~ to the ~.~ee that it has ~ ~ ~y '~h ~ ~ ~ ~ ~ 931, ~J. grantee ~h~ll w~ke ~sitive efforts to utilize small bus,ness a ~te or !~ g~/e~ent or fc-~eral!y r~iz~ in~i~ -4- 7. All con~.rac~ ar~ ~tb~'.ant~ in pro~s~s for ~on ~ ~t ~ ~i~ ~ w~h ~a~ for ~fa~t ~ ~!1 or ~r~ ~ ~t ~ ~t., ~.) ~'s ~ ~e ~ ~ ~e r~~ of ~h 8 4~ ~ ~1t~-~ %{i~ Ti~e ~ of ~ Civil ~ ~ of 1964 (P.L. 88-352;, ~~, (42 U~ 200~; ~ ~ r~~~ ~ ~ ~ons of a~ ~ ~ ~s~ ~ ~ Uni~ S~tes s~ll, o~ ~m ~ of r~, ~r, or ~ orig., ~ ~1~ fr~ ~ici~n or a~vi~ for ~ ~ ~ r~i~s F~er~ f~ci~ ~sis~ w~l ~!a~ly t~ ~y mm~es n~s~y ~ eff~te this a~t. ~tio~r~si~. J. Off~ ~ ~ ~efit K. ~s ~ ~ ~ ~qht ~ ~t 1. ~ ~e ~ ~t ~ ~o11~ ~ of ~ U~ S~tes ~a~nof ~ (3) y~s rr=~ ~ ~ of ~ss~nof ~ f~al f~c~ r~ ~ ~is ~t, ~ve ~s ~ ~ ~ ri~t ~ ~.e J~ ~ r~cn for =o~ts ~=~ ~ of a~t ~-m~ not ~ ~ti=ute N. ~ ~c~ ~~ ~,~¥~ ~ ~ ~ ~ ~~ ~ of 1972, ~ ~=% F~ ~t ~ ~ ~ a~ for ~ ~ ~ A-102, Atilt E. ~~, D.C. 20235 2o CiTY OF KENAi · P. O. BOX Si0 KENAI, ALASKA 9961 TGI:PHONE 283 · 7S3S November 16, 1979 MEMO TO: FROM: SUBJECT: Mayor and Council of the City of Kenai Bill Nelson, City Engineer What's Happening Report for City Council Meeting November 21, 1979 WATERLINE BREAK - AIRPORT WAY A ruptured water main on the recently completed Airport Way project resulted in a road washout and closure. Since this project is guaranteed by the contractor for a period of one year from the date of acceptance, the contractor was called upon to repair the break and the road at his own expense. The contractor has completed the repair of the water line and should be finished with temporary repair of the road by Friday.evening, November 16. The water main is presently undergoing pressure testing to insure adequacy of the repair. Final paving and repair of the street is to be completed next summer. WILLOW STREET - Department of Transportation and Public Facilities Due to the poor condition of Willow Street' following the installation of storm drainage by the State's contractor, we have sent a letter to Ro~e Reddick, District Bngineer for DOT/PE in Anchorage. Outlined in the letter are specific complaints as well as a request for acquisition of coldmix paving material to repair some portions of Willo~ Street. The State has previously agreed to require the Contractor to provide the City ~ith a stockpile of coldmix to be used for maintaining Willow Street during the interim between construction phases. CINDERELLA STREET The recent record precipitation has caused extensive flooding along Cinderella Street. Although this is a City maintained street, adequate drainage has never been constructed for this area. Currently, water is flooding into the street from the swampy areas to the north. Attempts have been made to bulldoze a diversion ditch; however, the ground is too soft to operate the equipment. We ~ill make another attempt to dig a diversion ditch this afternoon. We would recommend that the citizens of this area be polled to determine interest in forming a local improvement district to provide drainage and road improvements. What's Happening Report Page 2 November 16, 1979 ANImaL CONTROL FEES A new list of fees for animal disposal has been formed and is included for your interest and recommendation. BN/jet CiTY OF KENAi · P, O. lOX M0 KENAI, ALASKA 9961 ~ovember 6, 1979 MEMO TO: FROM: SU ILI£CT: Keith Kornelis, Director of Public Works Rondel ltamar, Chief Animal Control Officer Requesting change in rate schedule for Animal Shelter. Due to the increased costd of operation I feel the rates charged for disposal should be changed. These rates were set by Resolution 77-5 in January 1977. Since these rates do not cover the actual costs involved and since many of the animals are from outside the city limits I suggest we either change our rates or pass a new resolution requtreing that only residents can turn. a dog in for disposal. The following is a suggested new schedule for disposal fees. Disposal Fees for Residents: Dog $15.00 Puppy ( 6 mos ~ under) $10.00 Cat $10.00 Kitten ( 6 mOs ~ under) $ 5.00 ~i~posal Fees for Non-Residents: Dog $25.00 Puppy (6 mos & under) $15.00 Cat $1S.00 Kitten ( 6 mos ~ under $10.00 The rest of the fees remaining the same. Rll/rdh CITY OF KENAI RESOLUTION NO. ?7-5 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING FEES FOR'ANIMAL CONTROL PROGRAM. ' I~IEREAS, the City of Kenai's Animal Control Program is experiencing increasing costs in the i~nplementation of the program, and WHEREAS, in order to offset the costs incurred in the disposal, impoundment and adoption of animals it becomes necessary to develop a schedule of rates. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following schedule of rates be hereby adopted for Animal Control: ~isposal Fees: Dog $15.00 Puppy (6 mos. & under) $10.00 Cat $10.00 Kitten (6 mos. & Under) $ 3.00 A~doptton Fees: Flat fee plus purchase of City tag, vaccinations, ~, veterinarian costs incurred by City, ff any. Impound Fees: Impound Fine Boardin~ Fee $ 5.00 $25.00 $ 3.00/per day Annual Ta~ Fees; Neutered/spayed $ 3.00 Non-neutered/non- spayed $ 5.00 PASSED BY THE COUNCIL OF TIIE CITY O~F..,KENAI ,ALASKA, this 19th day of i. ELSO . ATTEST,; ~S~e 'C. pet~, Ci~ Clerk November 15, 1979 State of Alaska Department of Transportation Attention: Ro~e D. Redick 4111 Aviation Avenue Pouch 6900 Anchorage, AK 99502 Dear lit. Redick: It looks as though what I was afraid might happen has happened to ~illow Street in Kenai. Evidently, the contractor has £inished his work on the project for this construction season. Unfortunately, he did a very poor job of patching the areas torn up in the construction. 'The contractor did not use a pavement saw when he removed the pavement for installation of the storm sewer and there are large potholes running along the length o£ the pavement break. I don't know what type of material that he used in patching on ~illow Street but it is not holding up at all. There are numerous large potholes and the ne~ portion of the road is torn up badly. During the pre- construction conference, there was a verbal agreement that the contractor would provide the City with a stockpile o£ cold mix for repairing such potholes. The City of Kenai has not received this stockpile and is very much in need of it. The City o£ Kenai has received numerous complaints concerning the condition o£ ~illow Street. These complaints have come both from the citizens and thc property owners along ~illow Street. The property owner complaints included cracks caused by construction at Ron's Rental parking lot and remow~l of gravel surface at Kenai Aviation parking lot. Both these items were pointed out to the project engineer by Bill Nelson, City of Kenai Engineer during the street maintenance inspection. There have been some complaints received concerning the decision that the State arrived at in settling the conflict of where the storm drainage system intercepted the se~er service lines. Some cases the sanitary sewer was drastically changed to miss the storm drainage system and in other cases the storm drain culvert was actually reduced in half so that the sanitary se~er line could pass through it. State of Alaska Page 2 November 13, 1979 Willow Street is presently in a very poor state of repair. It is very apparent that the situation will deteriorate even more this spring at breakup. The small stockpile of cold mix would be helpful. Sincerely, Keith Kornelis, Director Department o£ Public Works KK/jet BOX 157 K~Ai. A~ 996l OC~B~ 1979 Circulation Adult Juvenile Fiction 1~05 329 Non-Fiction 179~ 108 Total Book Circulation Easy Books 1157 255 Films, Phonodtscs, Pamphlets, Periodicals Total Circulation for October 5o~8 Additions Adult Juvenile Easy Books Total Gifts 100 6 1 107 Purchases 2~0 1~ 2 256 Total Additions for October Remedial and He-worked ,,Books~ 363 Adult Juvenile Easy Books Total 121 5 6 132 ~nterltbrary Loans Ordered Received Returned Books 3~ 33 20 Phono~ises/AV ~2 36 60 lnterlibraryL~ansbyOurLibraa~ Volunteers 21 Number Total Hours 2~ 273 Income Fines and Sale Books ~ost or Damaged Books Xerox Donation $~05.20 18.20 213.50 10.00 Total Income for October $6~T.lO A PUBLIC LIBRARY IN 6£RVIC~ 61NCF. 194~ BOX 157 KENAi. ALASKA 99611 BOP~O~' S C~DS FOE OCTOBEr, 1979 Kena! Sol~otna ~ilof Ninilchfk CI~ Gulch Sterling 117 5 2 159 ] [1 Ill 11 [ ~ CITY OF KENAI P. O. BOX S80 KENAi, ALASKA 9961 TELEPHONE 283 - 753S November 15, 1979 MEMO TO: FROM: SUBJECT: Mayor and Council of the City of Kenai Charles A. Brown, Finance Director Glacier State Telephone Company Invoice On March 29, 1979, Glacier State Telephone Company submitted an invoice to the City of Kenai for $31,426.00 for relocation o£ existing telephone cable during road widening projects in the summer o£ 1978. Correspondence relating to this invoice is attached. I brought this invoice to the attention o£ Council on May 2, 1979; no action was taken at that time. Glacier State has requested a meeting to discuss this billing. The City Administration has held that Glacier State must show that the lines had originally been placed in accordance with accepted national industry standards. See John Wise's June 13, 1979 letter to Glacier State for more detail~. CAB/jet Glacier State Telephone Company A Memb~, of Conlinemol Telephone System P. O. Bo~ 560 Kenoio Alos~o 99611 [907! 283-7121 November 06, 1979 Kenai City Council City of Kenai P. O. Box 580 Kenai, Alaska 99611 Re: City Project 07-51-26998 Gentlemen: In the summ@r of 1978 Glacier State Telephone Company was required to repair and relocate numerous cables in association with the above-referenced project. At the end of the First Quarter of 1979 we had completed all job order docu~entationand submitted a registered billing invoice to the City of Kenai. To date, we have not received payment of that invoice. In June I personally contacted John Wise, then City Manager of Kenai. He said he would send me a letter indicating the reasons the City did not pay our claim. Attached is a copy of his letter. Unfortunately, before could respond to this letter, Mr. Wise terminated his association with the city. At this point, I referred the matter to our attorney; his suggestion was to discuss the matter with the City Attorney before taking legal action. Approximetely six weeks ago, I met with the City Attorney Ernie Schlereth. He indicated he would arrange a meeting with the appropriate parties within approximately two weeks. To date, he has not contacted me and it's now my understanding he is no longer in the employ of the City. I would like to make one last effort to resolve this problem. It is my opinion our differences can be resolved if we discuss them openly. respectfully request the City Council appoint an individual or committee Kenai C%ty Council City of Kenai November 06, 1979 Page Two .... Jif [ II with the power to negotiate a settlement of our claim. Since this matter has drug on for an extended period, ! feel justified asking the Council to respond to my request by November 30, 1979. Attachment as noted Ken Larson Duane White Lynn Pike LouisA gl, Attorney Ely, Guess & Rudd Sincerely, District }~anager Mr Hampton, District Manager Glacier State Telephone Company Box 560 Kenai, Alaska 996~! RE BILLINGS FOR CITY PROJECT 07-51-26998 Dear Mr Hampton Regarding the above subject, we must point out that preliminary engineering drawings were provided your finn in the fall of 1977. The location data on such preliminary and final drawings were taken from Glacier State as builts as they existed. In May 1979 a contractor, inspector, engineer and utility company conference was held with comments made concerning relocation costs and who was to bear them. My position has always been that the City would consider relocation costs where utility lines were installed according to accepted national industry standards and relocation of such were required for the completion of the City's project. Since th~ time of this May meeting, no representative of Glacier State has presented the City with any information, data or estimate ofx4vhat relocation work ~.~ould be necessary and which elements of such work would be justified for reimbursement. I will present appropriate claims to the City Council for consideration provided that in each element the following data can be established: 1) What line relocations were made ~.:hcn the initial lines had been properly placed in accordance with accepted national industry standards. 2) Were lines relocated the same capacity as before; If the lines were not the same (upgraded), then only a prorated charge by individual street or street section can be considered. Please provide also your industry procedures for the distance from property line or center line cables (lines) may be laid and the depth at which they are to be laid. I will recommend the City Council provide payment for the a~propriate sum where the above data can clearly establish a relocation at the convenience of the City. Sincerely John E Wise City Manager JEW/pw REGISTER BILLING · Ctl:y of Kena:[ Y. O. Box 580 Kenai, Alaska 99611 ACCOUITr DESCRIPTION Bill to City of Kenat for ~he reloca:ton of existing telephone cable to facilitate the road ~rldenin§ procedure in various locations,throughout the City limits o£ Kenai, Labor $22,488.00 }~ter!al 4,030.00 Overheads 6,908.00 Total Direct Cost Please~ke check payable to: Glacier Scare Telephone Co. P. O. Box 560 Kenai, Alaska 99611 Approved by: ~, LeSlie Il. Taylor (/ District l'fanager ~ A~OUNT ~31,626.00 F-- Glacier State Telephone Company A .M~mb~ of Come--m! Te~.pho~e $~sfem P.O. ~: ~ 30 April, 1979 Hr. Charles Brovm Flnance Director Clty of Kenai P.0. Box 580 Kenai, Alaska 99611 Dear ttr. Brown: In reply to our telephone conversations, I am sending a copy of our computer print-out of charges against City of Kenai E.D.A. Project 07-51-26~98, which includes: 1. Lilac Street \ 2. Kaknu Vay / ~3. Valker Lane /4. Fourth Avenue kS. Lupine Drive 6, Airport Loop 7. Redoubt ~ay This ~ork was necessary to comply with the City of Kenai~s request so that improvements and upgrading of the above mentioned streets could be achieved. I have also included a copy of our timesheets. AIl labor time and materials for the above Job 07-51-26gg8 were charged against Glacier State Telephone Company Job Order K84~0-I! and was then transferred to KgqO~-Ol due to dollar value. It was assumed that all ~ork done on the above mentioned streets by Brown & Ooyle was part of E.D.A. Pro~ect Should you have any questions in regards to the foregoing, please feel free to contact me at any time. Sincerely, GLAC I ER STATE TELEPHOtlE COI'4PA~IY ENG~.NEERI NG'q~EP~RRTPIENT Lynn Pike Oistrlct Engineer LP/JG/dl CTXWXTY AREAS ersonal Dy.n amj;.s. eadership ,_, pir. ltual " outh Ass. is.=ante ;uman I. mpro.v, ement :rlmin;il Justice und Rai sing amily life :conomlcs !nvironment lealth Safety Energy :ommunications 'ublications ,ovsrnmental. Affairs ,~ANDING : I NAN.CE ,IEMBERSHIP ~_ROGRAM ~.0 M..R El. AT I 0 N.$ ~UBLICAT I O N S :IECOGNITION ~£CIAL CO~N!~S I -'-LECTION GAINING NANAG~NT AND LEADERSHIP SKILL Tr~OUGH COI~!UNITY SERVICE November 1, 1979 Jaycees Seu~cors Representatives Nayors Chamber of Commerces Politic~t Parties Dear Reader: The Cold Rush Jaycees welcome this opportunity to convey to you ou~ interests in and concerns for the character and i~$e out various elected officials portray or exhibit, whether it is on the local, state or national level. The primary purpose of the Cold Rush Jaycees promotin$ a Code of Ethics for Elected Officials is to emphasize the line of the Jaycee Creed which reads "Gove~u~ent should be of laws rathe= than men" and to show our concern that elected officials be responsible and accountable. Ethical standards of professional conduct often exceed but are never less than those required by law. ,~ost professional organizations, including foresters, medical doctors, teachers, la~yers, engin- eers, ~ournalists and police have in their training a Code oZ Ethics which makes for an equitable, Judicial and fair working relationship with the community and their peers. Now, so do the politicians. Some Jayceee in New Jersey Sot involved in developin$ a Code of Ethics for eXected officials in the early 1970s. Codes of Ethics were embodied in Congressional rules as a result of the post-~ater;ate mood of reform that swept the country in the mid-197Os. The movement prosressed so that the Federal Election Campaisn Acc of 1971 was passed, followed by H.R. 3180 (~ublic Law 93-191, =elatin$ to franking priviled~es) in December 1973; then another Federal Election Campaign Ac~ in 1976, b-lth Senate Resolution I10 in 'April 1977, and the Ethics in ~overnment Act of October 1978. And all ~his year we have seen activity takin$ place on the na~io~__~l level relatin$ to the Codes. Host states and local 8overnment en~ities have incorporated similar le$islation. Code of Ethics Project Page 2 The Jaycees believe that conditions can be improved. We also realize t~at where value judgments are involved, confor=~ng iOOZ is impossible. Bun the attached code seems philosophically more mean/ngful and workable than the present financial disclo- sure iaw~. Elected officials will be ethical when they conform to the rules of good conduct expected of them by the public and peers. They should be dedicated and socially concerned. ~e understand ethics to be the science of values, social responsibility, and a branch of philosophy which should appeal to the inner and finer ~ustiucts without /mposing sanctions or penalties. It is well if the private, as well as the public lives of officisls be above reproach, so that their conduct does not re- flect adversely upon their office or restrict their efficiency and h~dependence. ~e want people to realize that ethics pervades not only a public life, but also a business life and a private life. They are simply not acquired t---odtately upon entering a specific arena. They are carried around constantly. Ethics in politics is, therefore, the ethics of the society at large as externalized by those in public life who are, more than anybody else, exposed to public scrutiny by the very nature of their active and involving life-style and work. Constituencies often demand from their officials not what is ethical and moral, but rather what is expedient and good for them. Therefore, compliance with these canons will'help to ~ assure mutual confidence, trust, respect, and responsible ideals. What we really want to attack is the hypocritical atti- tude and double standard that seems to be prevalent today. ~any things are accepted as lon$ as the boat is not rocked. ~hen the boat is rocked we say "rich, rich, how embarrassing" and shortly afterward forge= the vhole thing. Irl=~-~tely =he solution lies in eleva~ing the standards of the politicml institution itself, and i= will only reform itself to the ~xtent that the American people insist that it reform. Politic/ans tend to ~ake a lot of promises. 9e want to see if their actions make them become realities. This can and wilt be done by tabula~ing the vo~ing records for their years of service and compare their trend with newspaper accounts durin~ the campaign and with his campaign brochures. Code of Ethics Pro~ect Page 3 Other concerned groups arovn~ the council might be interested in Joining the Jaycees in chis project by recom- mending one or more or all of the folloving: Adopt the Code into Party Platforms Incorporate into Rules of the Legislature Incorporate into Rules of the Administration Establish a State Board of Ethics Set up a Watchdog Committee Ask Legislature/Assemblies to adop~ as a loint resolution Develop examples of unethical behavior/prac~ices Develop a quiz/ques~ioa~ire ~hich~l.tl demonstrate e£hical positions ~e~ould very much Like to get your co~ents and feedback pertainin$ co the concept of this pro~ect. Please feel free to include this idea in any press ~elease or - publication articles you get involved ~rlth. ~e vould certainlyappreciate any clippings should you decide to use this pro~ect for publication. Perhaps the issue could be brough~ before c~didates ~or the 1980 elections and their responsas recorded for those interested. Hay we hear f~on you soon? II I t I Sincerely, La~rence Hayden Pro~ect Chairman 5803 Perry Drive Anchorage, Alaska 9950~ THE UNDERSIGNED HEHBERS OF THE '~OLD RUSH JAYCEES OF ANCHORAGE ALASKA DO HEREBY SUPPORT THE ACCOIiPAKYI. NG CODE OF ETHICS FOP, ELECTED OFFICIALS AND THEREBY ENCOURAGES THOSE OFFICIALS TO ADHERE TO THE PP,INCIPLES EXPRESSED IN THE CODE OF ETHICS. 1979 AN'ELECtED PUBLIC OFFICIAL $11OULD IIONOR TilE lllGll RESPONSIBILITY balICII:'TIlE OFFICE DENANDS By respecting the Constitutional rights of ail citizens By always thinking in terms of truth first By representing as best possible one*s district and constituency By accepting the responsibility of becoming well informed By not offering any favor, service or thing of value to obtain personal gain By respecting the rights of each person*s o~n opinions By believing in the worth and dignity of each human being By upholding the public*s trust and faith By accepting varying points of view By holding paramount the safety, health and welfare of the public in the performance of one's policy making By not deliberately suppressing or distorting subject matter relevant to legislation By not accepting any gratuity, gift, or favor that might impact or appear to influence professional decisions or actions By refraining from financial and business dealings tlmt tend to reflect adversely on onets impartiality, interfere with one's duties, or exploit onets position By building one's accountability through the merit of his past working service, knowledge and effectiveness By recognizing the historical insight of predecessors and associates and the merit of their work By not knowingly makine false or malicious statements about a colleague. Do .......... iiI 11 i KENAI PENINSULA BOROUC, II AGENDA FOR TIIE REGULAR ASSEMBLY ,~IEETING OCTOBER 30, 1979; 7:30 I'.M. BOROU Gll AD;.I 1 N I ST RAT I 0:; BUI 1.1} I X G P. O. BOX 850 SOLDOTNA, ALASKA 99669 AGENDA- CALl, TO ORDER AND ROLL CALl. PLEDGE OF ALI, EG1ANCE SEATING OF ASSE~IBLY~IEMBERS 1. Canvassing Board Report 2. Res. 79-148 "Certifying the Results of t~o-~'f--Election of October 23, 1979" 3. Oaths of Office 4. Election of Officers AGENDA APPROVAL APPROVAL OF ~IINUTES OF: October 9, 1979 ORDINANCE HEARINGS, OR OTIIER PUBLIC ilEARIXGS (a) Assemblymembcrs McCloud Pickarsky Sikorsky /uabarian Arness Campbell Cooper Corr Crawford Davis l}imlick Elson Fischer }l~lle Long ~artin (d) Ord. 79-59 "Amending Section 2.40.090 of th~ Borough Code Relating to Per Diem and Travel Expenses of Planning Commission ].Ienbers" Ord. 79-60 "Amending the Kenai Zoning Code to Permit the Location of Churches as a Conditional Use in the General Commercial Zone" Ord. 79-62 "Authorizing the Expenditure of l~brough l-~nds to Proceed Through the Construction Documents Phases of Architectural Services for Proposed Central Peninsula General llospital Facilities" Ord. 79-58 "Rezoning Tract B, Park View g~fb'~-i~.~n, City of Kenai from Conservazion District to Urban Residential District" g. CONSIDERATIO~ OF RESOLUTIONS (a) (b) Cc) (d) Rcs. 79-146 "Approving Job Descriptions for t-he Classified Service" Res. 79-147 "Making Technical Corrections to a 'R'~-s~'i'~tion Granting a Right-of-I~'ay Easement to the City of Soldotna for the Purpose of Extendim.,. and Paving Marydale Avenue Along Borough School Prot)orty" Res. 79-149 "Urging the Constrvction of t~[6~' ld-i~ Lake llydroelectric t'roject ~o Provide Electrical l'ower Generation Facilities in the Borough" Rcs. 79-150 "Authorizing Expenses for ~ber.~?the As senh ly ' s F i hence Commi t tee to Travel to New York to Promote the l.ull Faith and Crc,tit Ratii~gs of the goroullh the National Bond Harket" 7.5 I1 9 i0.66 9 7.5 10 9 4 9 9 10.67 9 10.67 9 9 AGEEI)A FOR OCTOBER 30, 1979 page 2 Res. 79-151 "Approving the Application Form 'for the $'i~,000 Exemption of Residential Real Property" Cf) Res. 79-152 "Authorizing Reimbursement to the City of Soldotna For the 1977 Construction and Paving of Marydale Avcnuc" blemo 80%1 (h) Res. 79-153 "Approving the Purchase of ~-~--~ool Chlorination Equipment for Soldotna lligh School" Memo 80-$0 Res. 79-154 "Approving Revised Personal Property Forms" (i) Res. 79-155 "Approving a Change Order Incor- poratin~ Additional Fencing Into the Soldotna lligh School Construction Cq,tract" Memo 80-55 Res. 79-156 "Approving the Purchase of a tlt'ili'ty Vc-~icle for the liikiski Fire Service Area" Finance llerao (k) Res. 79-157 "Approving Plans for the Renovation bf the Borough Administration Building" INTRODUCTION OF ORDINANCES (a) Ord. 79-64 "Amending the Seward ,Xlunicipal Dist'ric't'~-oning Code to Incorporate Specific Standards for Townhouse Developments" (c) (d) Ord. 79-65 "Authorizing the Purchase of gb~tain' Property As a Site for thc New llomer Elementory School and Making ~ecessary Appropr ia t ions" Ord. 79-66 "Providing for the Repeal of Ord. 7-~--an-nq-Res. 79-155" Ord. 79-67 "Providing for the Disposal of Borough g~lected Lands by Lottery Sale" I. FORI, LkL PRESENTATIONS WITII PRIOR NOTICE (a) Mrs. Sandy llenrichs; re child care (b) Mr. Gene blcBridc; school land proposal J. COMMITTEE REI'OR'FS (a) School Board (Cooper) (b) OEDI' (Fischer) (c) Finance (Ill lle) (d) Solid l~'aste (Fischer) (e) Roads and Trails {Long) (f) Ports and llarbors (Arness) Local Affairs (Cmnpl,dl) K. blAYOR' S REPORT (a) ~lemo 80-48 Planning Com,aission Appointnent (b) Memo 80-49 Appointment to Pi:inning Commission, Seldovia r AGENDA FOR OCTOBER 30~ ]979 p~ge 3 Lo SCIIOOL CONSTRUCTION (a) Furniture and Fquipment l,iit for Soldotna lligh School, approved 10-15-79 by School Board ~. OTIIER BUStNESS (a) Tax Adjustment Requests (b) Request for l~aiver of Time for Filing Senior Citizen Exemption; Schenck (c) Request for $~aiver of Penalty and Interest; Givens (d) Request for Waiver of Penalty and Interest; Seversen (e) Request for l~'aiver of Penalty and Interest; .~;ussbam;~ N. ASSE.~-IBLY AND ,'4AYOR'S CO~.L~IE~TS O. PUBLIC COt. I:-IENTS P. INFOP2.IATIONAL 3IATERIAI.S AXD REPORTS ~inutes: School Board, 10-1-79, Bear Creek Fire S.A. Board Central Peninsula Ilospital S.A. "Brief" 10-15-79 Board Mi scel] aneous "Citizens for a Better Nikiski" Letter of resignation; L. t'.;ood, XPRSA Letter, Kenai llarbor Co~uu~is$ion Letter~ John i~'iese, land sale Letter, Sen. I, lil:e ~ravel £PB Plat Committee minutes~ 9-24-79 KI'B Planning Commission minutes, 10-1-79 KPB Planning Commission ~ninutes, 9-]7'-79 NOTICE OF NEXT ~IEETI:~G AXD AD3OURN.~IENT KENAI HARBOR COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 6, 1979 A. ROLL CALL PRESENT: Chester Cone, Bob Peterkin, Bob Tepp, Bill Burnett, Ex-Officio Member Mayor O'Reilly ABSENT: Tom Ackerly, Tom Wagoner, John Williams, Ex-Officio Member Betty Glick AGENDA APPROVAL Chairman Peterkin requested the following addition to the agenda #El-New Business "Port of Entry." Commission agreed by unanimous approval to the agenda addition. B. MINUTES De Chairman Peterkin was advised by r~. Miles Dean that there needed to be a correction made on the minutes of the October 23, 1979 meeting. Under Old Business, the new sentence on the second line should read: "He said Mr. Roper wanted to buy his interest out but so far no money has been paid." Minutes for the October 23, 1979 meeting were approved as amended. CORRESPONDENCE None OLD BUSINESS 1. Homer Port Commissioner. Chairman Peterkin said he telephoned Chairman Dave Vanderbrink of the Homer Harbor Commission but was not available. He talked to Gary Daley who is the Harbor Master and ex-officio member of the Harbor Commission and he would be happy to either have a special meeting in Homer or come to Kenai to meet with us. We want to confer with the Homer Harbor Commission to see what their experience has been in running a small boat harbor. Homer is in the midst of a huge expansion project at the present time that will enlarge their boat harbor and will include a shopping center. Mr. Daley made mention of a Port Commissioner's meeting to be held in Seward November 14, 15 and 16 to be attended by all commissions in Alaska. Homer's Harbor Commission would not be present due to their meeting being scheduled for November 14, 1979. KENAI HARBOR C0~4ISSION REGULAR MEETING NOVEI-~ER 6, 1979 Page 2 The Commission decided to decline attending the November 14th meeting in Homer and a new date would be worked out. Regarding Seward meeting, members would let Chairman Peterkin know if they could attend. Mayor O'Reilly advised that he would check with City Council at Council meeting of November 7th to see if funding could be obtained so that one or 2 members could attend the Seward meeting. Chairman Peterkin said he would call Seward to obtain an agenda to determine what the most important meetings during these 3 days are. 2. Tabling of Tract D. Commissioner Burnett made a motion pertaining to the tabling of Tract D and after much discussion it was prepared as follows: Commissioner Burnett made a motion, seconded by Com- missioner Cone to postpone Tract D until such time as this same Commission is furnished with complete details from presently interested parties or new applicants. Motion passed unanimously by roll call vote. 3.' Letter to Borough and st&re regarding Harbor Commission. Commissioner Peterkin directed the Commission's attention to the letter in the packet reference Kenai Harbor Commission. This letter was prepared since it was brought to the Commission's attention that portions of the Borough government and other City government at State level didn't know of the existence of this Commission. (See attached list for distribution) The letter will include a map prepared by the Chamber of Commerce. Commissioner Cone made a motion, seconded by Com- missioner Burnett to distribute the letter as amended. The motion passed unanimously. 4. Tidelands Ordinance-Application Forms. Attorney Schlereth did not have an opportunity to review the forms with Attorney Delahay as yet. Chairman Peterkin explained that this application form is an information sheet and the lease form goes into more detail. Applicant receives this booklet and must attach a financial plan and proof of their ability to obtain a performance bond conditioned upon completion of construction. When this is returned a lease is prepared. This form is then KENAI HARBOR COMMISSION REGULAR MEETING NOVEMBER 6, 1979 Page 3 presented to Council for their approval, provided applicant obtains the permit. After discussion it was decided to make the last sheet referring to attaching of a financial plan and obtaining of a performance bond a part of the lease application which will be retyped and redistributed. Commissioner Burnett also requested another change be made. He requested a block be made on page 1 stating "For City Use Only." Chairman Peterkin also requested it to include date received, time, location and a signature of the person who logged it in with that person's capacity at the City. Mr. Dean commented that permits could be obtained quicker if the municipalities and boroughs obtained them. Chairman Peterkin pointed out that we are an advisory commission to the Council and it would be up to the Council to obtain permits. The purpose of the Thorpe study was to show the Corp~what develop- ment would take place on the wetlands. Mayor 0'Reilly said that if the Cor~ saw a careful plan for development, they would be more apt to grant permits. Chairman Peterkin referred to the Sea Catch lease. He stated that she will be spending approximately $4 million for 15 acres. If Sea Catch doesn't get the lease she still has the property tied up with no development done on it. After we find a project that is viable, we want to give a time limit for them to obtain permit and at that time they will receive a lease. Land will be tied up one or possibly two years but they will be making payments on the land during this time to the City. He said the Corp sent out their modified or total version of the plan to several bodies. Corp has the final say but 12 to 13 agencies must concur. Perhaps we should schedule a meeting to discuss problems between the lease application and permit to make it clearer. Then we could find out what action the Council wants to take from there. 5. Fact Sheet-Sea Catch. Commissioner Burnett said Sea Catch has been on the agenda for three meetings and a representative has failed to show up. Chairman Peterkin said this application was accepted by Planning & Zoning Commission and the problem is that the application is dated March 21. According to the ordinance we have 6 months; we are now on the 8th month. Mayor O'Reilly said the Harbor Commission should recommend to the Council that Sea Catch has been notified 3 times, has not appeared and that the lease application no longer stands. He recommends that a letter be drafted. KENAI HARBOR COMMISSION REGULAR MEETING-NOVEMBER 6, 1979 Page 4 M~Rei~ made a motion, seconded by Commissioner Cone that the Harbor Commission recommend to the City Council that a letter be sent to Doris Lashley stating that her lease application dated March 21, 1979 has been on the agenda three times, she has not appeared, and in view of this that her lease application no longer has any standing. AMENDMENT: By unanimous consent, motion was made. to add: "in view of the age of the application that a new application would be considered." By roll call vote, motion passed unanimously. Mayor O'Reilly did not feel that this would be the proper time to .approach the Council on the merger but felt in another 2 to 3 months the time would be better. Since he does not want the proposal rejected by Council, he wants this to be well thought out. He would like to appoint 2 Council members to meet with 2 Commission members to work out an arrangement. Mayor O'Reilly advised that at the present, there is an airport committee which consists of FBO operators. Chairman Peterkin said the delay is satisfactory to the Commission as many things needed to be finished before the new year. Old Business .~ Commissioner Burnett asked if copies of a book that Mr. Arness had at the last meeting could be made and distributed to the Commissioners. He also requested that copies be made on anything pertaining to harbors, etc., so we would ~ow first-handed about these reports. Chairman Peterkin said that copies would be made and distributed. As far as getting copies of other studies, that's what the purpose of the letter is for, to make others aware of the Harbor Commission. Chairman Peterkin advised that after discussion on the merger of the Harbor into the Transportation Commission he heard no negative comments from the Commission. Cor~missioner Burnett said that at the last Commission meeting Mr. Arness's comment was that the Corps was not interested in general cargo facilities in the Kenai area in the near future, nor did Mr. Arness feel we need a waterfront facility. What Mr. Arness said we need instead is to have 5-747s landing daily to bring our supplies into the airport. In speaking with Mr. Bielef~ld (ex-council member) he said the airport is not capable of handling 747s in its present design. If we attained a Port of Entry standing we could derive many benefits. He talked with Mr. Grinwall, Assistant District Director of Customs in Anchorage to find out how we could become a Port of Entry. There are 3 ways: 1) by congressional action, 2) executive order by the President, and 3) designation by the Secretary of the Treasury. The latter would be the easiest way to obtain it. After a KENAI HARBOR COI~ISSION NOVEMBER 6, 1979 Page 5 letter is received then they can give us further information. Commissioner Burnettmade a motion, seconded by Commissioner Cone that a letter be initiated by the City Council to the District Director of Customs to request from the Secretary of Treasury of the United States of America that the port of Kenai be designated a port of entry and the request to include a boundary of a 25 mile radius of the City of Kenai. There was discussion as to the merits of having the area include a 25 mile radius. The Commission is thinking of the future so the plan sounds reasonable. The Secretary makes the designation as to who is selected and the selection is made on what the need for the community is. AMENDMENT-Motion was amended by Commissioner Burnett, seconded by Commissioner Cone to add: "from the post office." Motion passed by unanimous consent. Mr. Dean wanted to know if the lien status on Tracts B & C had been researched by the attorney. Chairman Peterkin said Attorney Schlereth was supposed to attend tonight's meeting and give a report. Attorney Delahay is to check with Attorney Schlereth and will discuss it at the November 20th meeting. There being no further business, the meeting adjourned at 10:17 p.m. Respectfully submitted, CITY OF KENAI P. O. lOX $80 KENAI, ALASKA 99611 TELEPHONE 283 - 7S3S November 21, 1979 Kenai City Council P. O. Box 580 Kenat, Alaska 99611 Oear Council Members: Ref: Letters sent to: Robert Roper Sea Catch Port of Entry - City Council The Harbor Comnisston at their regular meeting of November 20, 1979, unanimously approve the following; Commissioner Peterkin moved that letters be sent as proposed to: ROBERT ROPER, SEA CATCH, PORT OF ENTRY - CITY COUNCIL. Seconded by Coanissioner Williams. R~/ /l_ Harbor Co~nisston RP:lJ CITY OF KENA! ,,oa ¥ P. O. BOX S80 KENAI, ALASKA 9961 ! TELEPHONE 28:3 - 7S3S November 20, 1979 ~nat Ct~ Council Ref: Letter to Doris Lashl~ P. O. Box 580 as proposed ~nat, Alaska 99611 Dear Council Mem~rs: The Harbor Commission at their regular meeting of Nov~ber 20, 1979, unanfmously approve the following; Recoanend: Oorts Lashl~ has been invited to and placed on the agenda several times and has not appeared, tn vtew of the age of her application the Harbor Commission has rejected her application, ~rther, if Sea CaSh ts still interested in obtaining a lease the Harbor Conetsston would constder a new lease application. Harbor Commission RP:IJ CITY OF KENAI ,,oa 4 P. O. r, ox $80 KENAI, ALASF~. 9961 TELEPHONE 283 - 763S November 21, 1979 Kenat City Counctl P. O, Box 580 Kenat, Alaska 99611 Ref: SMALL BOAT HARBOR STUDY Dear Counct1 Members: The Harbor Comission at their regular meeting of Novembm- 20, 1979, unanimously approve the following: Comissioner Wagoner moved to request that the City have a survey done on Site Proposals for the most likely location for a small boat harbor with an estimated cost of $5,000.00. Seconded by Co~eissioner Williams. Harbor Comi ssi on RP:IJ CITY OF KENAI ,,oa P. O. BOX 580 KENAI, ALASKA 99011 TELEPHONE 28:3 - 7S3S November 21, 1979 ~nai Ci~ Council Ref: Letter to Robert Roper P. O. Box 580 as proposed ~nai, Alaska 99611 ~ar Council Members: The Harbor Commission at their regular meeting of November 20, lg7g, unanimously approve the following; Recon~nend: Lease application on Tract D, Port of ~nai; After maw hours of consideration, the Harbor Con~nission recommends that this lease would not be in the best interest of the Ci~ of ~nai and reconeends the Ci~ Council dew this lease application. Harbor Commission RP:IJ CITY OF KENAI 4 P. O. ~OX $80 KENAI, ALASKA 99611 TELEPHONE '283 - November 21, 1979 Kenai City Council Ref: Letter to Port of Entry P. O. Box 580 City Council Kenai, Alaska gg611 Dear Council Members: The Harbor Cmmission at their regular meeting of November 20, lg7g, unanimously approve the following; Recommendation: Submit letter to District Director of Customs to request from Secretary of Treasury of the United States of America, that the Port of Kenai be designated a Port of Entry, said request to include a boundary of a 25 mile radius (from the current U. S. Post Office - Kenai) of the City of Kenai. i~R~spectfull! Harbor Con~nission RP:lJ CITY OF KENAI ¥ P. O. 8OX S80 KENAI, ALASKA 99611 TELEPHONE 283 - 7S3S November 21, 1979 Kenai City Council P. O. Box 580 Kenai, Alaska 99611 Ref: Engineering Study Tract A Dear Council Members: The Harbor Commission at their regular meeting of November 20, 1979, unanimous)y:approve the following; Con~isstoner Williams moved to contact various engineering firms to ascertain; As to what they would charge us for an engineering study and cost estimate for the following work; A. Plan of tract A showing location of access to Tract A, facilities now in place and general terrain, treeltne, waterline etc. B. Cost of upgrading access tofull useable gravel cap, graded road of a width of 30'. C. Cost per acre of fill and cap with gravel substantial enough to support Boat Storage Facility. O. Upgrade and repair, and double the width of existing ramp, repair pileing. E. Installation of holding tank type Restroom Facilities. F. Guard rail at edge of gravel to prevent cars from going into river. G. Regulatory Signs "No Park etc". H. Out door mercury vapor or such, Night Lighting. I. Representative of firm to confer wit~%.aarb~ission prior to start of work. {~ ~ Seconded by Commissioner Wagoner. ! ~'~' -bLf RqSpec,t~.ully, ~ ./. ~ Rdbert Peterl~fn,-Chairman Harbor Commission RP:lJ Kenai City Council P. O. Box $80 Kenai, Alaska 99611 CITY OF KENAI ¥ P. O. ~OX ~ KENAI, ALASKA ~&ll TELEPHONE 283 · 763S November 21, 1979 ~~ Ref: Engineering Study Tract A Dear Council Members: The Harbor Con~nisston at their regular meeting of November 1979, unanimous]y:.approve the.following; Coanlsstoner Ntlltams moved to contact various engfneertng firms to ascertain; As to what they would charge us for an engineering study and cost estfmate for the following work; A. Plan of tract A showing location of access to Tract A, facilities now in place and general terrain, treellne, waterline etc. B. Cost of upgrading access tofull useable gravel cap, graded road of a wtdth of 30'. C. Cost per acre of ffll and cap with gravel substantial enough to support Boat Storage Facility. O. Upgrade and repair, and double the width of existing ramp, repair ptletng. E. Installation of holding tank type Restroom Facilities. F. Guard rail at edge of gravel to prevent cars from going into river. G. Regulatory Signs "No Park etc". H. Out door mercury vapor or such, Night Lighting. I. Representative of firm to confer wit. b.4tat:bo~-~aoLanission prior to start of work. F ~ R spec. / Robert PeterlrFn, Chairman Harbor Con,mission RP:lJ Telephone Poll November 19, 1979 To approve P.O. to N.C. machinery in the amount of $2,381.20 to purchase 10 cutting edges for the Champion Grader, and I0 cutting edges for the 14G Grader Need to do this prior to November 21, 1979 Council meeting because it takes approximately two days to get them. If we have heavy snow over the fou~ day weekend, we would be in trouble. Approved: CAB, Finance Director V. O'Reilly No answer P. Aber Yes E. Ambarian NQ R. Measles Yea B. Gliok Ye~ R. Malston Yes- M. Seaman Yes .......... [[lr'-T -IF--- ! Il i ! ii .t-'