HomeMy WebLinkAbout1979-12-05 Council PacketCOUNCIL PACKETS
DECEMBER
Kenai City Council
Meeting Packet
December 5, 1979
AGENDA ( AS REVISED)
CITY COUNCIL - REGULAR MEETIIgG
DECL~iBER 5. 1979 - 7:00 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
PUBLIC HEARING9
I. Ordinance 537-79 - Codifying 1979 code, personnel ol'dtnanee of
the City Code as Title 23
2. Ordinance 538-79 - Increase in revenues, State Jail Contl'aet Fund
Budget in the amount of $10,000
3. Ordinance $39-79, increase in revenues, General Fund Budget,
Library Grant, $750
4. Ordinance 540-79 - Establishing capital I~roJect fund "Prontaire
Road", $18,000
5. Ordinance 531-79 - AL-~rt leasing
PERSONS PRES£1~T SCHEDULED TO BE HEARD
I. Loren L~h,r~n, CH~! Hill
2. Camnen Gintoli - Schematics of City Hall
3. Civic Center - Mrs. Settle
I. Minutes of special meeting of November 18, 1979
2. Minutes of re~_,!n~' meeting of November 21, 1979
E. CORRESPONDENCE
F. OLD BUSINESS
5.
NEW BUSINESS
Bills to be paid - bills to be ratified
Requisitions excaedtng $500
Ordinance 541-79 - amending Title 7 of the Kenai Municipal Code
Ordinance 542#79 - amending Title 4 of the Kensi Municipal Code
(a) Resolution 79-161 -App. roving& adopting the Comprehensive Plan
Co) Copital Improvement Program
(e) 84~tion ~6 - Development Plan
6. Resolution 79-162 - Awarding bids fo~ Durchase of vehicles to
Hutchings Chevrolet
7. Resolution 79-163 - Transfer of funds, 79-80 General Fund Budt~'t,
Purchase of two new police vehicles, $300
8. Resolution 79-164 - Transfer of funds, ?9-80 General Fund Budget,
Water · Sewer Fund, to replenish communication s~e~unts
Resolution 79-165 - Transfer of funds, ?9-80 General Fund ~o pureh~s, e
recording tapes · office supplies, Harbor Commission, $200
Resolution 79-166 - Transfer of funds, 79-80 Genaral Fund Budget -
Transportation to Juneau for Attorney for Municipal League, $I,$00 -
Mana~ment of Ah*po~ Land - ~q'q~AttoFney
Requ.es~. for proposal from firms to seek FAA funds
House numbee layout prepared by Glf~iee State
Tract A proposal
15. Publf~ Vehicle Co~t_~ion - dis~ussion · a~tion
16. WJnoe Co~thell - front~,e road improve__~___ts
REPORTS
~. City Attome~
3. ~yor -~ ~ "~ ~ ~ -~-'~
6. ~ & Zo~
K~ P~ B~ugh
8. H~ ~~
I. PKRSONS PRESKNT NOT SCHEDULED TO BE HEARD
AGENDA
RENAl CITY COUNCIL - REGULAR ~IE~TING
DECL~BER 5, 1979
PLEDGE OF .~.tUGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEAIUNGS
1.O~dlnm~e 537-79 - Cedffylng 1979 code, personnel ordfnanee
of the Cit~ as Title 23.
2. ~fn~e~e 538-79, fnc~'ense in revenues, ~tete Jail Contraet Fund
Budget in the mnount of M0,000
~. O~-a,~e 559-?9, ~ in rovenues, Genre, al Fund BudFet,
4. Ot~lfmmee 540-?9, eetabl!~t_,~ ~apital project fund "Fl~nta~e
~__~_d~ , ~18,000
C. I~I~SONS PI~ESENT SCHEDULED TO BE HEARD
1. Lo~m Lehman, CHgM Hill
2. Cermen Gfntolf - s~hematf~s of Cf~ Hall
1. l~flnute~of special meet~n~ of November 18, 1979
2. Minutes of regular meeting of November 21, 1979
E. CORI~$PONDEIqCI~
F. OLD BUS~I~SS
G. NI~W BUSINESS
I. Bills to be paid - bills to be ~'atffled
2. Requisitions exc~at-~ $500
$. O~inanee 541-79 - amending Tftle ? of the Kenat ~luniefpal Code
4. Ord~,~,,ee 542°?9 - amending Title 4 of Kenat .~tmf_~tpal Code
5. Resolution 79-161 - approvfn~ ~nd ,~doptfng the Comprehensive
Plan
6. Resolution 79-162 # awerding bids fo~ purchase cf vehicles to
Hutehings Chevrolet
?. Resolutien 79-163 # transfor of funds. 79-80 general fund budget,
purchase of two new polfee vehicles, $300.
8. Resolution 79-164 - t~ansfer of funds 79-80 t~eneral fund and
wateF · sewer fund to replenish communfefltion accounts
9. Resolution 79-165 - transfel, of funds. 79-90 ~neral fund to
purehese recording tapes and office supplies. Harbor
Co~ission. $200.
10. Resolution 79-166 - transfer of funds, ?9-80 general fund budget
transportatfon to Juneau for Attorney for ltfv~!e~pal League, $1,500.
11. Mena~ement of airport
12. Request for proposal from firms to seek FAA funds
13. House number layout prepared by Glacier State
14. Tract A proposal
15. Public Vehicle Comm!_m~__on - disc~_~_~on and actfon
H. REPORTS
I. city M~er
~. City Attorney
3. ~1ayox.
4. Clerk
$. F/nanee Dizeetor
6. ' Planning · Zoning
g. Kenai Borough Assembly
8. Hatbox, Con~,t,,aion
1. PIt,SONS PRESENT NOT SCHEDULED TO BE HEARD
ADJ0~
CITY OF KENAI
ORDINANCE NO. 537-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
CODIFYING INTO THE 1979 KENAI CODE THE PERSONNEL ORDINANCE
OF THE CITY OF KENAI AS TITLE 23.
WHEREAS, the City of Kenai has recently updated its Code in
the 1979 Kenai Code, and
WHEREAS, 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
WHEREAS, various older sections of the prior Kenai Code have
provisions dealing with merit system (1.60.040); Personnel
Board (1.60.059, 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,
1.60.070 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
ATTEST:
Janet Whelan, City Clerk
First Reading: November 7, 1979
Second Reading: November 21, 1979
Effective Date: December 21, 1979
Title 23
PERSONNEL REGULATIONS
Table of Contents
CHAPTER 5 - General
1. Employment-Qualifications and Fitness
2. Incentives and Conditions
3. Uniformity of Classification and Compensation
4. Appointments
5. Morale
6. Tenure
CHAPTER 10 - CATEGORIES OF SERVICE
1. General
2. Exempt Service
3. Classified Service
CHAPTER 15 - ADMINISTRATION
CHAPTER 20 - CLASSIFICATION
1. Initial Classification
2. Review of Classification Plan
3. Adjustments to Organization
CHAPTER 25 - COMPENSATION
1. Pay Plan-Development
2. Pay Plan-Adoption
3. Pay Plan-Amendment
4. Appointee Compensation
5. Pay Day
6. Overtime
7. Acting Positions
8. Promotion
CHAPTER 30 - PERSONNEL POLICIES AND PROCEDURES
1. General
2. Appointment
3. Probationary Period
4. Merit/Growth/Evaluation
5. Hours of Work
6. Attendance
7.. Personnel Records
8. Transfers
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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
CHAPTER 40 - BENEFITS
1. General
2. Holidays
3. Annual Leave
4. Terminal Leave
5. Leave of Absence without Pay
Leave of Absence with Pay
7. Education
8. Educational Opportunities
9. Retirement Age
10. Social Security
11. Industrial Accidents
12. Medical and Hospital Insurance
13. Maternity Leave
CHAPTER 45 - PERFO~4ANCE EVALUATION
1. Purpose
2. Periods of Evaluation
3. Performance Evaluations
4. Review of Performance Report
5. Unsatisfactory Evaluation
6. Appeal Procedure
CHAPTER 50 - CLASSIFICATION PLAN
CHAPTER 55 - PAY PLAN
1. ExemPt Salaries
2. Salary Structure-By Grade
3. Uniform Allowance
CHAPTER 60 - DEFINITIONS
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23.05.010 GENERAL PROVISIONS: It is hereby declared,
personnel policy of the City of Kenai, that:
~. Employment-Qualifications and Fitness: Employment
in City Government shall be based on qualification and
fitness, free of personal and political considerations, with
equal opportunity for all with no restrictions as to race,
color, Creed, religious affiliations or sex.
2. Incentives and Conditions: Just and equitable
incentives and conditions of employment shall be established
and maintained to promote efficiency and economy in the
operations of the City government.
3. Uniformity of Classification and Compensation:'
Positions having similar duties and responsibilities shall
be classified and compensated on a uniform basis.
4. Appointment: Appointments, promotions and other
actions requiring the application of the merit principal
shall be based on systematic evaluation, designed for the
position to be filled.
5. Morale: High morale shall be maintained by the fair
administration of this ordinance, by every consideration of
rights and interests of employees, consistent with the best
interest of the public and the City.
6. Tenure: Tenure of employees covered by this ordinance
shall be subject to good behavior, satisfactory performance
of work, necessity for the performance of work and the
availability of funds.
23.10.010 CATEGORIES OF SERVICE: 1. General: Ail
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 shall apply to positions in
the. exempt service as indicated in 2 below.
2. Exempt Service: The exempt service shall include
the following:
(a) Mayor - Only the following provisions shall apply
to the Mayor: Sec. 30.010, ll(b) and 11 (d) and Sec. 40.010,
10 and 11.
(b) Other elected officials and members of boards or
commissions. Only the following provisions shall apply to
such officials: Sec. 30.010, ll(b) and ll(d).
(c) The following Council appointed administrative
offices:
i. City Manager. The City Manager shall perform
all those duties mandated for his position by the
provisions of this chapter and shall be bound or re-
ceive the benefits of the following sections insofar as
they are applicable: Sec. 25.010, paragraphs 5 and
6(d); Sec. 30.010, paragraph li(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 months immediately
preceding the effective date of this ordinance except
for police, which shall be 12 months or;
ii. Shall serve a probationary period of 6 months
from the time of their appointment, which may be extended
before acquiring permanent status, if they have held
their position for less than 6 months, with the exception
of police, for which 12 months is substituted in the
above for the stated 6 month period.
23.15.010 ADMINISTRATION: The Dersonnel program
established by this ordinance shall be administered by the
City Manager. He shall administer all provisions of this
ordinance and of the personnel rules. He shall prepare and
recommend revisions and amendments to this ordinance as
deemed necessary. The City Manager shall draft such rules
as may be necessary to carry out the provisions of this
ordinance. Such rules shall be uniform application except
as specifically stated. Additionally, each department of
the City is encouraged to establish departmental rules,
regulations and procedures subject to the approval of the
City Manager. Such rules, regulations and procedures shall
be in harmony with the general rules of the City Manager and
provisions of this ordinance, and shall be binding on the
employees.
23.20.010 CLASSIFICATION: 1. Initial Classification:
The City Manager shall make analysis of the duties and res-
23-4
ponsibilities of all positions in the classified service and
shall recommend to the Council a job classification plan.
Each position in the classified service shall be assigned to
a job class on the basis of the kind and level of its duties
and responsibilities, to the end that all positions in the
same class shall be sufficiently alike to make use of a
single descriptive title, the same qualification 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, consolidiation,
division or amendment of the existing classes.
3. Adjustmants to Organization: Whenever a change in
the organization of the City adminiztration 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~tructure
to recruit and retain an adequate supply of competent employees.
2. Pay Plan and Adoption: The Ci%yManager shall
submit the pay plan and rules for its administration to the
City Council for adoption. Before the pay plan and the
rules for its administration are adopted by the Council, the
City Manager shall assign each job class to one of the pay
ranges provided in the pay plan. The Council shall adopt a
plan and rules by ordinance.
3. Pay Plan Amendment: The pay plan may be amended by
the City Council from time to time as circumstances require,
either by adjustment of rates or by reassignment of job
classes to different pay ranges. 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 Manager may cause the
23-5
appointment to be made at a salary level above the minimum,
but not more than Level D for the same class.
5. Pay Day: (a) Normally, employees shall be paid on
the 15th and last day of each month. If the pay date falls
on a Saturday, Sunday or a holiday, employees shall be paid
on the last working day preceding the pay date.
(b~ The mid-month pay shall be a pro rata draw or a
share of net entitlements for the monthly period, or period
employed if a new employee.
(c) Overtime payment, see paragraph 6.
6. Overtime: (a) Department heads and supervisors
shall assign to each employee regular work duties and res-
ponsibilities which can normally be accomplished within the
established work day and work week.
(b) When employees are required to work overtime,
department heads shall authorize compensatory time off or
overtime pay. Determination to grant cash or compensatory
time off shall rest with the department head. City Manager
or acting department heads, who shall give due consideration
to desires of the employee, to budgetary controls and to the
provisions of Sec. 25.010, 6(c) of this ordinance. Rates
for overtime shall be:
General Government
Regular Workday x 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 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-
2)
Holidays (hours beyond 8) x 2 Sundays
for which the employee is not scheduled
x2
However, 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
,. rI
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
overtime 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 ~he
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$¢ation form or
by any appointing authority shall be so framed as to attempt
to elicit information concerning race, color, ancestry, sex,
national origin, or political or religious affiliation for
the purposes of discriminating.
All statements submitted on the employment application
or attached resume shall be subject to investigation and
verification.
If required by the department, applicants shall be
fingerprinted prior to appointment.
Any job applicant or employee may be required to take a
physical examination. In cases where a physical ~xamination
is deemed advisable, the City shall pay the cost of the
examination.
3. Probationary Period: Ail 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 ~-~ .... ~
~ ..... , o.,a~ 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 necessitates the layoff of
the employee occupying the position.
4. Merit/Growth/Evaluation: (a) Evaluations shall be
required annually of all classified employees. Supervisors
shall indicate thereon his recommendation as to whether or
not the employee has merited a growth pay raise in accord-
ance with the City Pay Plan, Sec. 23.55.010.
(b) Approval of increment merit pay raises are vested
in the City Manager.
5. Hours of Work: (a) The hours during which City
offices and departments shall normally be open for business
shall be 8:00 a.m. to 5:00 p.m., DPW - 8:00 a.m. to 4:30
p.m., except Saturdays and Sundays, holidays and further
excepting Police and Fire which shall be open for business
24 hours a day. The library and Animal Control operations
shall be open for business as authorized by the City Manager~
(b) Public Safety employees, not including 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) Ail 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 fo~ disciplinary action.
7. Personnel Records: The City Manager shall cause a
service or personnel record to be maintained for each
employee in the service of the City of Kenai.
The personnel record shall show the employee's name,
title of position held, the department to which assigned,
salary, change in employment status, training received, and
such other information as may be considered pertinent.
A personnel action form shall be used as the single
document to initiate and update personnel records.
Employee personnel records shall be considered con-
fidential and shall be accessible only to the following: (a) the employee concerned,
(b) selected City officials authorized by the City
Manager.
Departmental per~o~nel 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: When employees are required to
travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred
shall be determined as follows:
(a) Prior to travgling 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: ?~enever 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 Transportatign Agreement
prior to employment. The Transportation Agreement stipulates
that the employee will reimburse the C. ity 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
- I I - II I II
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, TE~4INATION
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 of 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;
(c) Insubordination;
(d) Breach of discipline;
(e} Being absent from work without first notifying and
securing permission from the employee's supervisors;
(f) Being habitually absent or tardy for any reason;
(g) Misconduct;
(h) Conviction of a felony or a misdemeanor involving
moral turpitude;
(i) Using religious, political or fraternal influence;
(j) Accepting fees, gifts, or other valuable things in
the pesformance 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
department head within 5 working days after the supervisor's
oral reply is given, not including the day that the answer
is given.
(c) Step 3 - If the grievance is not settled in Step
2, the written grievance shall be presented along with all
pertinent correpondence, records and information accumulated
to date to the City Manager within 7 working days after the
department bead'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.
.Any grievance not taken to the next step of the grie-
vance procedure shall be considered settled on the basis of
the last reply made and received in accordance with the
provisions of this section.
If-the City fails to meet or answer any grievance
within the time limits prescribed for such action by this
section, such grievance shall automatically advance to the
next step. If the City fails to meet or answer any grie-
vance on the last step of the grievance procedure within the
time limits prescribed for such action by this section, it
shall be deemed that the City has considered the grievance
to be in favor of the grievant and shall resolve the matter
accordingly.
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 noticeof 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 y~ar
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.
Whe~ 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 ~nager 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: All regular full
time, regular part-time (15 hours and over per week) class{-
fled employees are entitled to the following benefits as
specified in this article.
2. Holidays: All regular employees of the City shall
be entitled to the holidays listed below with paym 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, 12 hour work day-12 hours annual leave, 10
hour work day-10 hours annual leave, 24 hour work day-24
hours annual leave.
(c) Leave continues to accrue during the period of
time an employee is on paid leave except during periods of
terminal leave. Leave does not accrue during periods of
leave without pay.
(d) Accrued and unused leave may be carried over from
one year to the next for the purpose of accumulating an
annual leave account or reserve. However, on December 31 of
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 ~t 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~um. 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 employee's
contribution in the Social Security Plan.
11. Industrial accidents: All employees shall be
covered under the State of Alaska Workmen's Compensation
program for industrial accidents and disease. Benefits
include medical treatment and care as well as disability
compensation during the periods of time lost from the job.
12. Medical and hospital insurance: 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 and follow-
ing childbirth, an employee is entitled to take a total of 9
weeks leave. This leave will be charged first to annual
leave and if this is insufficient to leave wit~nout 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. ~qhere a maternity leave of absence
is taken in accordance with this section, the employee shall
accumulate service credit during such paid leave of absence.
23.45.010 PERFORMANCE EVALUATION: 1. Purpose: The
primary purpose of the employee performance evaluation
program is to 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 ra~ing
officer in evaluating the rating officer's performance.
4. Review of performance reports: The rating officer
shall discuss the performance evaluation report with the
employee before the report is made part of the employee's
permanent record. If the rating officer plans to recommend
the denial of an in-grade salary increment or recommend an
extraordinary increment, the report must be discussed with
the reviewing officer and the City Manager prior to review
with the employee.
5. Unsatisfactory evaluation:. Employees who receive
an overall rating of "unsatisfactory" on their annual evalua-
tion shall not be eligible to receive an in-grade salary
increment. Employees who receive two consecutive overall
ratings of "unsatisfactory" shall be subject to dismissal.
6. Performance evaluation appeal procedure: Employees'
performance evaluation reports shall not be subject to the
standard grievance procedure. Employees shall have the
right to appeal their evaluation in accordance with the
following procedure:
Step 1-If, after a review of his performance evaluation
report with the rating officer, the employee feels that the
report is unfair, he may request a meeting wi~h 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 arrange 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
102
103
104
105
106
107
109
110
111
201
202
203
204
206
301
302
303
304
305
306
307
308
309
310
311
City Manager NG
City Attorney NG
City Clerk NG
Finance Director* 24
Public Works Director* 22
Police Chief* 22
Fire Chief* 22
Senior Accountant 19
Assistant Engineer 17
Code Enforcement Officer 17
Airport Operations Manager 17
ADMINISTRATIVE SUPPORT .
Department Assistant I 3
Department Assistant II 7
Administrative Assistant 8
Accounting Technician I 10
Accounting Technician II 11
Accountant 16
PUBLIC SAFETY
Assistant Fire Chief
Fire Fighter
Police Lieutenant
Police Sergeant
Police Officer
Dispatcher
Fire Engineer
Correctional Officer I
Correctional Officer II
Fire Captain
Fire Marshall
23-21
18
13
18
16
14
7
15
11
14
16
16
CLASS CODE CLASS TITLE
RANGE
401
402
403
404
405
406
407
408
409
410
PUBLIC WORKS
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.
Police 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-? $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
~LASS~¥IED SA~K¥ TABLE
RANOE A _ B C D _ E. - F AA __BB __
3 12,847 13,168 13,489 13,810 14,131 14,452 14,773 ' 15,~94
7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 18,357
8 16,406 16,816 17,226 17,636 18,046 18,456 18,866 19,276
9 17,221 17,652 18,083 18,514 18,945 19,376 19,807 20,238
10 18,078 18,530 18,982 19,434 19,88b --2~,338 20,790 21,242
11 18,979 19,453 19,927 20,401 20,875 21,349 21,823 22,297
12 19,936 20,434 20,932 21,430 21,928 22,426 22,924 23,422
,~ 20,922 21,445 21,968 22,491 23,014 23,537 24,060 24,583
14 21,980 22,530 23,080 23,630 24,180 24,730 25,280: 25,830
15 23,080 23,657 24,234 24,811 25,388 25,965 26,542 27,119
16 24,223 24,829 25,435 26,041 26,647 27,253 27,859~ 28,465
17 25,438 26,074 26,710 27,346 27,982 28,618 29,254 ' 29,890
· ~
48 26,709 27,377 28,045 28,713 29,381 30,049 30,717 31,385
19 28,038 28,739 29,440 30,141 30,842 31,543 32,244 32,945
20 29,654 30,190 30,926 31,662 32,398 33,13~ 33,870 34,606
22 32,455 33,266 34,077 34,888 35,699 36,510 37,321 38,132
24 35,833 36,729 37,625 38,521 39,417 40,313 41,209 42,105
llourly rates are determined by dividing annual salary by number of hours tn work year.
CC
15,415
18,748
19,686
20,669
21,694
22,771
23,920
25,106
26,380
27,696
29,071
30,526
32,053
33,646
35,342
38,943
43,001
23-24
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 ~ief has requested that $10,000 of this balance be used to
purchase an automobile and radio package for the Jail facility, and
WHEREAS, proper accounting practices require that all appropriations of City
monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the following increases in estimated revenues and appropriations be made:
STATE JAIL CONTRACT
Increase Estimated Revenues:
Contribution from Fund Balance
($10,000)
Increase Appropriations:
Jarl-Machinery and Equipment $10,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
De~ember, 1979.
SECOND READING: December 5, 1979
EFFECTIVE DATE: December 5, 1979
J~et Whelan, City Clerk
Approved by Finance Director.~'~.,.~..~
CITY OF lie NAI
ORDINANCE NO. 539-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAl, FUND
BUDGEr BY $750.
I~IEREAS, the City of Kenai has received $1,000 from the State of Alaska as a
library grant, and
WHEREAS, 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 inegeased as follows
in the 1979-80 General Fund Budget:
increase Estimated Revenues:
State Library Grant
$750
Increase Appropristions:
Library-Books
$750
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
De~ember, 1979.
AT TE ST:
Jariet Whelan, City Clerk
VINCENT 0 REIL~Y~AyoR'
FIRST READING: November 21,1979
SECOND READING: December 5,1979
EFFECTIVE DATE: December 5,1979
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:
Frontage 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 C/ITY OF KENAI, ALASKA this 5th
day of December, 1979.
VINCENT O' ~EILL~R
ATTEST:
J.~et Whelan, City Clerk
First Reading: November 21, 1979
Second Reading: December 5, 1979
Effective Date: December 5, 1979
Approved by Finance'~.,~..
CITY OF KENAI
ORDINANCE NO. 531-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING THE LEASING OF AIRPORT LANDS ORDINANCE.
WHEREAS, the City presently has an airport lands leasing
ordinance codified in 21.10.010, et seq of the 1979 Kenai
Code, and
WHEREAS, the codified code revision of this ordinance should
be amended to reflect certain additions within the body of the
ordinance contained in new airport lands leases which were
omitted from the pre-code airports ordinance and also to insert
sections of the pre-code airports lands ordinance which are
not contained in the codified revision.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA AS FOLLOWS:
Section 1: Section 21.10.010 to and including
21.20.020 of the 1979 Kenai Code are hereby repealed.
Section 2: A n~w 21.10.010 to and including 21.20.730
of the 1979 Kenai Code is hereby adopted in the form as attached
hereto and made a part hereof.
PASSED BY THE COUNCIL OF THE CITY~.~F KENAI, ALASKA th~s 7th
day of November, 1979. -- / ,-9 /
ATTEST:
Clerk
First Reading: October 17, 1979
Second Reading: November 7, 1979
Effective Date: December 7, 1979
Title 21
CITY AIRPORT AND AIRPORT LA.~DS
Chapters:
21.05
21.10
21.15
21.20
Airport Administration and Operation
Leasing of Airport Lands
Provisions Required in All Airport Land Leases
Policy Governing Modifications of Existing Leases
21.05.010 AIRPORT ADMINISTRATION & OPEPATION; Permit:
1. All lessees, owners or occupants of property within the
territorial jurisdiction of the Kenai Municipal Airport who
wish to construct or operate terminal or transportation
facilities of any kind thereon, including, but not limited
to, aircraft maintenance facilities, warehouses and all
other related transportation, commercial or industrial
facilities shall apply to the City Administrator for au-
thorization. Such application shall be accompanied by a
pian of the proposed construction that shall meet all
standards or requirements which may be required by the
ordinances of the City of Kenai relating to zoning, sub-
division regulations and.building construction standards.
2. The City AdminiStrator shall refer plans of the
type or location of the proposed construction which are in
conflict with the General Plan to the Planning Co~mission to
determine whether such proposed construction is in keeping
with the objectives of the General Plan. The decision of
the Planning'Commission shall be binding unless reversed by
the Council. The City Administrator, subject to conditions
of this section, may issue permits upon such terms and
conditions and for such durations as authorized by the
Council, and no construction shall be done nor operation'
carried on without a permit from the City Administrator.
3. Every permit, lease, deed or conveyance of any
right, title or interest from the City to any land within
the jurisdiction of the Kenai Municipal Airport shall
incorporate by reference, or otherwise, and shall be subject
to the restrictions contained in this section of the 1963
Kenai Code. (KC 17-23)
21.05.020 Invest~e. ation of Permit Hold,~_rs; Cancellation:
The City Administrator ma:' inc. uire ~nuo =he manner ~n which
obligations are carried o[~t, ,~nd the oractices of permit
holders for the purpose of determinin~ w!:etker the pro-
visions of the ;.~ermits are being corn?lied with. This section
shall authori--e access to books and records of permit holders
21-1
as may be reasonably necessary to enable making a deter-
mination thereunder. Should the City Administrator find
that at any time a permit holder is not complyin~ with the
terms of the permit issued, the permit may be cancelled upon
n¢~ice and in accordance with such procedure as may, by
regulation, be prescribed. (KC 17-24)
21.05.030 Regula%ion of Airport: The City Adminis-
trator may regulate the manner in which the Ken~i Airport
and compatible non-aviation facilities are operated w~th
reference to the safety, accommcdation and service to the
public. In order to implement this grant of authority, the
City Administrator shall have the power to adopt such rules
and regulations as may be necessary to carry out the duties
under this grant. In this connection, the rules and regu-
lations adopted prior to the enactment of this addition to
the 1963 Kenai Code are hereby ratified, and approved and
continued in full force and effect until further amended or
repealed by subsequent action of the City Administrator in
accordance with acceptable procedures for the adoption of
rules and regulations. (KC 17-25) ~See Appendix A attached
hereto)
21.05.040 Parking Automobiles and Aircraft: It shall
be unlawful for any person to park any automobile or air-
craft in any area contrary to the designation for that area
on the Kenai Municipal Airport~ the lands of the Kenai
Municipal Airport Terminal System, or fail to obey the
proper regulations for the control of ground traffic as
established by the Airport Manager or his designated rep-
resentative. Said Airport Manager or his designated rep-
resentative shall be vested with full police powers under
the authority of this City to endorse the provisions of t~is
section. (KC 17-34)
21.05. 050 Penalties: Any person violating any of the
provisions of th~ ~r or any of the rules, regulations
or orders made and issued under this chapter is guilty of a
misdemeanor, and upon conviction, is punishable by a fine of
not more than $100. (Ord 263)
21.10.010 LEASING OF AIRPORT LA.'.;DS; Lands A:'.~il;~ble
for Leasin$_: All the Air~ort lands within the limits of the
City to which the City holds title mn,; be leased ,~$ herein-
after provided.
21.10.020 Qualificaticns of A:::;lic~nts or Bidders: An
applicant or bidder for a lease ~$ qua!£h'~ed if t?.e ap:.~iicant
or bidder:
1. is an_..~~~-~,,~d..a~._ ~ . at lea:~t 19 :'ears ~f_ a.~e cr over:
21-2
2. is a grcup, association or corporation which is
authorized to conduct business under the laws of Alaska; or
3. is acting as an agent for another and has qualified
by filing with the City Clerk a proper Power of Attorney Or
a Letter of Authorization creating such agency. The agent
shall represent only one principal to the exclusion of
himself. The term "agent" includes real estate brokers and
agents.
21.10.030 Ap?lications: All applications for lease of
lands shall be filed with the City Clerk on forms provided
by the City available at City Hall. Applications shall be
dated on receipt and payment of filing fee. After filing, a
maximum of 30 days shall be allowed to complete the appli-
cation. Filing fees are not refundable.
With every application the applicant shall submit a
development plan, showing and stating: (a) the purpose of
the proposed lease; Cb) the use, value and nature of improve-
ments to be constructed; (c) the type of construction;
the dates construction is estimated to commence and be
completed (maximum of 2 years); and, (e) whether intended
use complies with the zoning or~{nance and comprehensive
plan of the City. Applications shall become a part of the
lease.
21.10.040 Richts Prior to Leasina: The filing of an
application for a lease shall give the applicant no right to
lease or to the use of the land applied for. The appli-
cation shall expire within 6 months after the application
has been made if a lease has not been entered into between
the City and the applicant by that time. Lease rates are
subject to change on the basis of an appraisal done every 6
months on the property applied for.
21.10.050 Classification Prior to Lea~e Required=
Except for concept lease applications descrxbed in the
sectio~ below, before accepting applications to lease lands
the area involved shall have first been classified for
permitted land uses and a land use plan of the area prepared
and publicly posted in the City Hall offices. The land use
plan shall be prepared by thc City Planning Commission and
approved by the Council prior to posting. The availability
of concept leases shall be made known in the posting.
21.10.060 ProcessinT Procedure: i. Applications
shall be forwarded ~o tt~e Advisory Plashing and Zoning
Commission u~,on receipt. The Advisory Planning and Zoning
Commission shall normully consider applications for specific
lands on a first-come, first-serve basis. Where there is
difficulty in obtaining a perfected application, details as
to development plans, etc., then the Advisory P1an~ing and
Zoning Com=dssio~ may, after due notice to the first ap-
plicant, consider a second applicant for the particular
lease.
2. The C~ty Council shall normally r~view a lease
proposal only after approval of the Advisory Planning and
Zoning Com~ission. However, appeals of Advisory P~anning
Council. Complct~d, sit;n,~d leases must be presented within
30 days after a!?rovai by the Advisory Planning and Zonin~
Commission.
3. Conceptual applications relative to unplatted land
and/or unreleased lands will also be considered on a first-
come, first-serve basis. On approval of concept by the
Advisory Planning and Zoning Commission and the City Council,
the applicant is assured the right of first refusal of the
lease following the determination of a lease rate in ac-
cordance with established policy.
21.10.070 Review: No leased land may be changed in
use, nor may any renewal lease be issued until the proposed
use or renewal has been reviewed by the Planning Commission
and approved by the Council.
21.10.080 Terms of Lease: Ail leases shall be approved
by the City Council before the same shall become effective.
The term of any given lease shall depend upon the durability
of the pzoposed use, the amount of investment in improvement
proposed and made, and the nature of the improvement proposed
with respect to durability and time required to amortize the
proposed investment.
21.10.090 Appraisal: No land shall be leased, or a
renewal lease issued, unless the same has been appraised
within a 6 month period prior to the date fixed for beginning
of the term of the lease or renewal lease. No land shall be
leased for less than the approved appraised annual rental.
Appraisals shall reflect the number and value of City services
rendered the land in question.
21.10.100 Annual Minimum Rental: Annual minimum
rentals shall be computed from the approved appraised market
value utilizing the method as described in section (a)
below. Annual minimum rental shall include:
(a) Taxes pertaining to the leasehold interest of the
Lessee.
(b) Sales tax now enforced or levied in the future
computed upon rent payable in monthly installments whether
rent is paid on a monthly or yearly basis.
(c) All taxes and assessments levied in the future by
the City of Kenai, as if Lessee was considered the legal
owner of record of the Leased Property.
(d) Interest at the rate of 8% per annum and 10%
penalties of any amount of money owed under this lease which
is not paid on or before the date it becomes due.
(e) Ail sales taxes due on payments under this lease
and to all sales taxes applicable to its operations.
(f) Ail special assessments for public improvements
levied by the City of Kenai, as.if Lessee were considered
legal owner of leased property.
2. Upon execution of the lease the lands demised
become taxable to the extent of its leasehold interest and
21-4
Lessee shall pay all rent property taxes levied upon such
leasehold interest in these lands, that the City as part of
the payment by the lessee of said assessments and taxes as
if he were the owner of said demised land.
3. Rent shall be paid annually in advance. Said
payments shall be prorated to conform with the City of
Kenai's fiscal year beginning July 1 and ending June 30. If
the equivalent monthly payment exceeds $200, then the lessee
shall have the option of making payments on a monthly or
quarterly basis.
21.10.110 Service by Realty Firms and Brokers: 1.
Realtors shall be entitled to a fee at the time the first
payment is made under such lease. Said fee shall be limited
to 10% of the first year's lease rate, excluding charges for
assessments, or 5% of each year for the first 5 years at the
broker's option. However, realtors a party to the lease
shall not be entitled to a commission.
2. Realtors shall treat any listing as they would any
other client in regard to advertising, promotion, etc.
3. Listings of platted lands available for lease shall
be announced and posted publicly. Such announcements shall
include block and lot number, parcel number and any special
limitations with restrictions as may be imposed by the
Advisory Planning and Zoning Commission and City Council.
Such restrictions or limitations shall be specific and in
addition to zoning restriQtions. No lease proposed by an
eligible realtor shall be denied if it meets such restric-
tions, applicable lease rates and zoning requirements in
effect at time of application.
4. Unplatted, released Airport lands and unreleased
lands shall not be listed with realtors. However, unless
positive action has been taken by the Advisory Planning and
Zoning Commission and/or the City Council to set aside a
certain tract as not available for lease at that particular
time, a realtor may, on behalf of a client, request a lease
of such lands. Such a lease request shall be considered as
described in the preceding ~pplication procedures, relating
to unplatted, unreleased lands. Normal fees shall be due to
the realtor on consummation of such a lease.
21.10.120 Biddinq Procedure: As an exception to
general policy listed above, the City Council may designate
a specific lo-t or lots to be made available only for bid.
This provision shall apply only when there is no outstanding
application pending on the lot or lots. As designated,
sealed bids shall be received offering a one-time premium in
addition to the established lease rate. Highest bid, how-
ever, shall be subject to all provisions of review and
approval established for all other lease applications.
21-5
21.10.130 Principles and Policy of Lease Rates: 1.
A fair return to the Airport System is mandated by the terms
and conditions of the quitclaim deed and appropriate deeds
of release, granting these lands to the Airport System by
the Federal Government. To insure a fair return, all leases
for a period in excess of 5 years shall include a redeter-
mination clause as of the fifth anniversary of each lease,
normally set for the 1st of July of that fifth year. In
pursuing a fair return, all lands for lease shall be appraised
prior to lease and again prior to redetermination. There-
fore, lease rates shall be based on: (a) fair market value
of the land, including an appropriate consideration of
facilities and services available (public water, public
sewer, storm sewers and other public utilities) as deter-
mined by a qualified independent appraiser, considering the
best use of the specific land; and (b) the actual rate of
return determined to be a fair return to the City shall be
set annually in May by resolution of the City Council and
shall apply to all leases thereafter requested.
2. Realizing that investors, developers and other
potential lessees need a reasonable assurance of stability
in future lease rates, the redetermination clause of all
future leases shall include the following language:
"At each 5-year interval, the fair market value'shall
be determined by qualified, independent appraisers.
The redetermined lease rate, (annual rent) under this
provision shall be limited to a 50% increase in the
prior lease rate until the 30th year anniversary of the
lease after which the 50% cap provision shall no longer
apply and the lease rate shall be redetermined every 5
years on the basis of fair market evaluation as deter-
mined in Section 080(1)(a) and (b)."
City leases existing at the time of Lhe enactment of
this chapter shall have a 30 year period determined from the
date from which the lease was originally entered into.
3. Recognizing that the redetermination procedure
provided for above may be in conflict with the mandate of
the quitclaim deed and the several deeds of release, the
City Council herein acknowledges its obligation to provide
the Airport Fund with those sums which the above redeter-
mination policy may cause the Airport Fund to lose. It is
the intent of the Council to provide for such a possible
shortfall by appropriating revenues relative to the assessed
valuation of Airport properties.
4. Those leases existing at the time of the effective
date of this chapter in which the lease rate has not been
redetermined at its previous 5 year interval, may be redeter-
mined at their next 5 year period, utilizing the 50% cap
provision of Section 21.05.130(2), on the basis of the 1977
property appraisal (gauged at 6% return) performed by the
City on the lots in question.
21-6
21.15.140 PROVISIONS REQUIRED; Proper Location: It
shall be the responsibility of the lessee to properly
locate himself and his improvements on the leased land. It
shall be unlawful go encroach on other lands of the City, or
on lands owned or leased by another, and violation shall
constitute a misdemeanor.
21.15.150 Responsibility to Properly Locate: It shall
be the responsibility of the lessee to properly locate
himself and his improvements on the leased land. It shall
be unlawful to encroach on other lands of the City, or on
lands owned or leased by another.
21.15.160 Lease Utilization: Leased lands shall be
utilized for purposes within the scope of the application,
the terms of the lease and in conformity with the ordinances
of the City and Borough, and in substantial conformity with
the comprehensive plan. Utilization or development for
other than the allowed uses shall constitute a violation of
the lease and subject the lease to cancellation at any time.
Failure to substantially complete the development plan of
the land, consistent with the proposed use and terms of the
lease, shall constitute grounds for cancellation.
21.15.170 Payment of. Rent: Rent shall be paid annually
in advance. Said payments shall be prorated to conform with
the City of Kenai's fiscal year beginning July 1 and ending
June 30. If the equivalent monthly payment exceeds $200,
then the lessee shall have the option of making pa~ents on
a monthly or quarterly basis.
21.15.180 Adjustment of Rental: All leases shall
contain the agreement of th6 lessee to a reevaluation of the
annual rent payment every fifth year.
21.15.190 Subleasinq: Leases may provide for sub-
leasing without prior Council approval. Subleases shall be
in writing and be subject to the terms and conditions of the
original lease.
21.15.200 Assignments: No lessee may assign the lands
leased to him without prio~ Council approval. The assignee
shall be subject to all of the provisions of the lease. Any
attempted assignment made in violation of this section shall
be void. Any assignment requiring Council approval will not
be unreasonably denied.
21.15.210 Modification: No lease may be modified
orally or in any manner other than by an agreement in writing,
signed by all parties in interest or their successors in
interest. Any such modification shall require Council
approval.
21-7
21.15.220 Cancellation-Forfeiture: 1. Leases in good
standing may be cancelled in whole, or in part, at any time
upon mutual written agreement by lessee and the City Council.
2. Any lease used for an unlawful purpose may be
cancelled.
3. If the lessee shall default in the performance or
observance of any of the lease terms, covenants or stipula-
tions thereto, or of the regulations now or hereafter in
force, and should said default continue for 30 calendar days
after service of written notice by the City without remedy
by lessee of the conditions warranting default, the City
shall subject lessee to appropriate legal action, including,
but not limited to, forfeiture of the lease. No improve-
ments may be removed by lessee or other person during any
time the lessee is in default. This provision shall not be
construed to prohibit the City from taking any appropriate
legal action, including, but not limited to, forfeiture of
the lease, immediately upon the occurrence of a default.
21.15.230 Notice or Demand: Any notice or demand
which under the terms of a lease or under any statute must
be given or made by the parties thereto, shall be in writing
and be given or made by registered or certified mail, ad-
dressed to the other party at the address of record. How-
ever, either party may designate in writing such new or
other address to which such notice or demand shall there-
after be so given, made o~ mailed. A notice given hereunder
shall be deemed delivered when deposited in a U.S. general
or branch post office, enclosed in a registered or certified
mail envelope, addressed as hereinabove provided.
11.20.250 Financing-Rights of Mortgagee or Lienholder:
1. For the purpose of interim or permanent financing
or refinancing from time to time of the improvements to be
placed upon the leased premises, and for no other purpose, a
lessee, after giving written notice thereof to the City, may
· encumber by mortgage, deed of trust, assignment or other
appropriate instrument, the~lessee's interest in the leased
premises and in and to the lease, provided such encumbrance
pertains only to such leasehold interest and does not pertain
to or create any interest in the City's title to the leased
premises. If such mortgage, deed of trust, or assignment
shall be held by a bank or other ~stablished lending or
financial institution (which terms shall include an established
insurance company and qualified pension or profit sharing
trust) and such institution shall acquire the lessee's
interest in such lease as a result of a sale under said
encumbrance pursuant to a foreclosure or other remedy of the
secured party, or through any transfer in lieu of foreclosure,
or through settlement of or arising out of any pending or
contemplated foreclosure action, such lending institution
shall have the privilege of transferring its interest in
21-8
such lease to a nominee or a wholly owned subsidiary corporation
with the prior consent of the City, p~ovided, however, such
transferee shall assume all of the covenants and conditions
required to be performed by the lessee, whereupon such
lending institution shall be relieved of any further liability
under such lease from any after such transfer. Such lending
institution or the nominee or wholly owned subsidiary corporation
to which it may have transferred such lease, or any other
lending institution which may at any time acquire such
lease, shall be relieved of any further liability under such
lease from and after a transfer of such lease.
2. A leasehold mortgagee, beneficiary of a deed of
trust or security assignee, shall have and be subrogated to
any and all rights of the lessee with respect to the curing
of any default hereunder by lessee.
3. If the holder of any such mortgage, or the beneficiary
of any such deed of trust, or the security assignee shall
give the City before any default shall have occurred in the
lease, a written notice containing the name and post office
address of such holder, and City shall thereafter give to
such holder a copy of each notice of default by the Lessee
at the same time as any notice of default shall be given by
the City to the lessee, and the City will not thereafter
accept any surrender or enter into any modification of this
lease without the prior written consent of the holder of any
first mortgage, beneficial interest under a first deed of
trust, or security assignee, in this lease.
4. If, by reason of any default of the lessee, either
this lease or any extension thereof shall be terminated at
the election of the City prior to the stated expiration
therefor, the City will enter into a new lease with the
leasehold mortgagee for the remainder of the term, effective
as of the date of such termination, at the rent and ~dditi0nal
rent, and on the terms herein contained, subject to the
following conditions:
(a) Such mortgagee, beneficiary or security assignee,
shall make written request to the City for such new lease
within 20 days after the date of such termination and such
written request shall be accompanied by a payment to the
City of all sums then due to the City under the lease.
(b) Such mortgagee, beneficiary or security assignee,
shall pay to the City, at the time of the execution and
delivery of such new lease, any and all sums due thereunder
in addition to those which would at the time of the execution
and delivery thereof be due under this lease; but for such
termination and in addition t~ereto, any reasonable expenses,
including legal and attorneys' fees, to which the City shall
have been subjected by reason of such default.
(c) Such mortgagee, beneficiary or security assignee
shall, on or before the execution and delivery of such new
lease, perform all the other conditions required to be
performed by the lessee to the extent that the lessee shall
have failed to perform such conditions.
21-9
5. If a lending institution or its nominee or wholly
owned subsidiary corporation shall hold a mortgage, deed of
trust, or similar security interest in and to this lease and
shall thereafter acquire a leasehold estate, derived either
from such instruments or from the City, and if such institution,
nominee, or corporation shall desire to assign this lease or
any new lease obtained from the City (other than to a nominee
or to a wholly owned subsidiary corporation as permitted by
the above provisions) to an assignee who will undertake to
perform and observe the conditions in such lease required to
be performed by the lessee, the City shall not unreasonably
withhold its consent to such assignment and assumption, and
any such lending institution, nominee, or subsidiary shall
be relieved of any further liability under such lease from
and after such assignment. If the proposed assignor shall
assert that the City in unreasonably withholding its consent
to any such proposed assignment, such dispute shall be
resolved by arbitration.
21.15.250 Entry and Re-entry: In the event that the
lease should be terminated as hereinbefore provided by
summary proceedings or otherwise, or in the event that the
demised lands or any part thereof should be abandoned by the
lessee during the said term, the lessor or its agents,
servants or representatives may, immediately or any time
thereafter, re-enter and resume possession of said lands or
such part thereof, and re~ove all persons and property
therefrom, either by summary proceedings or by a suitable
action or proceeding at law without being liable for any
damages therefor. No re-entry by the lessor shall be deemed
an acceptance of a surrender of the lease.
21.15.260 Forfeiture of Rental: In the event ~hat the
lease should be terminated because of any breach by the
lessee as herein provided, the annual rental payment last
made by the lessee shall be forfeited and retained by the
lessor as partial or total liquidated damages for said
breach.
21.15.270 Written Waiver: The receipt of rent by the
lessor with knowledge of any breach of the lease by the
lessee, or any default on the part of the lessee in obser-
vance or performance of any of the conditions or covenants
of the lease, shall not be deemed to be a waiver of any pro-
visions of the lease. No failure on the part of the lessor
to enforce any covenant or provision therein contained, nor
any waiver of any right thereunder by the lessor, unless in
writing, shall discharge or invalidate such covenants or
21-10
provisions, or affect the right of* the lessor to enforce the
same in the event of any subsequent breach or default. The
receipt, by the lessor, of any rent or any other sum of
money after the termination, in any manner, of the term
therein demised, or after the giving by the lessor of any
notice thereunder to effect such termination, shall not
reinstate, continue or extend the resultant term therein
demised, destroy or in any manner impair the efficacy of any
such notice or termination as may have been given thereunder
by the lessor to the lessee prior to the receipt of any such
sum of money or other consideration, unless so agreed to in
writing and signed by the lessor.
21.15.280 Easement Grants Reserved: City reserves the
right to grant and control easements in, or above the land
leased. No such grant or easement will be used that will
unreasonably interfere with the lessee's use of the land,
and lessee shall have free access and use of any and all
parking and loading rights, rights of ingress and egress now
or hereafter appertaining to the leased premises.
21.15.290 Lease Subordinate to Financinq Requirements:
Lessee agrees that City may modify the lease to meet revised
requirements for Federal or State grants, or to conform to
the requirements of any revenue bond covenant. However, the
modification shall not act to reduce the rights or privileges
granted the lessee by this lease, nor act to cause the
lessee financial loss.
21.15.300 Surrender on Termination: Lessee shall, on
the last day of the term of this lease or upon any earlier
termination of this lease, surrender and deliver up the
premises into the possession and use of City without fraud
or delay in good order, condition and repair, except for
reasonable wear and tear since the last necessary repair,
replacement, restoration or renewal, free and clear of all
lettings and occupancies unless expressly permitted by City
in writing, and free and clear of all liens and encumbrances
other than those created by City for loans to the City.
Upon the end of the term of this lease or any earlier
termination thereof, title to the buildings, improvements
and building equipment shall automatically vest in the City
without requirement of any deed, conveyance or bill of sale
thereon. However, if the City should require any such
document in confirmation hereof, lessee.shall execute,
acknowledge and deliver the same and shall pay any charge,
tax and fee asserted or imposed by any and all governmental
units in connection therewith.
21-11
[ ' ' 21;15.310 Sanitation: Tile lessee Shall comply with
all regulations ~ ~a~ces of the City which are promul-
gated for the promotion of sanitation. The premises of the
lease shall be kept in a neat, clean and sanitary condition,
and every effort shall be made to prevent the pollution of
water.
21.15.3201Buildinq and Zonin~ Codes: Leased lands
shall be utilized in accordance with the building and zoning
ordinances and rules and regulations of said authority.
Failure to do so shall constitute a violation of the lease.
21.15.33Q Fire Protection: The lessee will take all
reasonable precaution to prevent and take all necessary
action to suppress destructive or uncontrolled grass, brush
or other fires on leased lands, and comply with all laws,
regulations and rules promulgated and enforced by the City
for fire protection within the area wherein the leased
premises are located.
21.15.340 Inspection: The lessee shall allow author-
ized representatives of the City to enter the leased land
for inspection at any reasonable time.
91 ~ ~n Personal.Use of Materials: All coal, oil,
gas an~otner minerals aha all deposits of stone or gravel
v~!uable for extraction or utilization and all materials
subject to Title II, Division I, Chapters 4, 5 and 6 of the
Alaska Administrative Code are excepted from the operation
of a surface lease. Specifically, the lessee of the surface
rights shall not sell or remove for use elsewkere any timber,
stone, grav~l, peat moss, topsuil or any othe~ material
valuable for building or co[m~ercial purFoses; provided,
however, that material required for the develoFment of the
leasehold may be used if its use is first approvod by the
City Manager.
21.15.360 Restrictions and Reservations: The lease
shall contain such restrictions and reservations as are
necessary to protect the public interest.
21.15.370 Waste and I.n. jur¥ to Land: If an7 person
shall ccm:?.it waste, tres[:as$ or ot':t~:r injury upon Cit? land,
t!;e person so o:£end.~n{], iu additic:] to bein\] civilly liable
for any da.".;a4es cau£..~d, shall be deemed guilt'..' of a mis-
demeanor.
21.15.380 Warrant'.': T!:e Cit':' dces not warrant b%' its
classificat~-c:: or 1~.~:~:.::-3 of land ~.~%at t!:e land is iduali':'
s,."-uef, for uke use authori::.~d un{:.-a.: said cla£slfira%i::; or
21-12
21.2~.390 Rules: The lessee shall observe, obey and
comply with all applicable rules, etc., of the State or
Federal governments.
1. City reserves the right to adopt, amend and enforce
reasonable rules and regulations governing the demised
premises and the public areas and facilities used in connection
therewith. Except in cases of emergency, no rule or regulation
hereafter adopted or amended by the City shall become applicable
unless it has been given 30 days notice of adoption or
amendment thereof.
2. Lessee, in the conduct of its operations on the
demised premises, shall observe, obey and comply with any
and all applicable rules, regulations, laws, ordinances, or
orders of any governmental authority, federal or state,
lawfully exercising authority over lessee or lessee's conduct
of its business.
3. City shall not be liable to lessee for any diminution
or deprivation of possession, or of its rights hereunder, on
account of the exercise of any such right or authority as in
this section provided, nor shall lessee be entitled to
terminate the whole or any portion of the leasehold estate
herein created, by reason of the exercise of such rights or
authority, unless the exercise thereof shall so interfere
with lessee's use and occupancy of the leasehold estate as
to constitute a termination in whole or in part of this
lease by operation of law in accordance with the Laws of the
State of Alaska and of th~ United States made applicabl~ t~
the states.
21.20.400 Aircraft Operations Protected: 1. T. he City
shall reserve to itself its successors and assigns, for the
use and benefit of the public, a right of flight for the
passage of aircraft in the airspace above the surface and
all improvements approved by the City of the premises conveyed,
together with the right to cause in said airspace such noise
as may be inherent in the operation of aircraft, now or
'hereafter used for navigation of or flight in the air, using
said airspace of landing at, taking off from, or operating
on the Kenai Airport. (When plans for improvements pursuant
to section 230 are approved by the City, the City to the
extent of those improvements releases the easements here
expressed. )
2. The lessee by accepting conveyance expressly agrees
for itself, its representatives, successors, and assigns,
that it will not erect nor permit the erection of any structure
or object, on the land couve.ved, which would be an airport
obstruction within the standards established under the
Federal Aviation Administration Regulations, Part 77, as
amended. In the event the aforesaid covenant is breached,
21-13
the City reserves the right to enter on the land conveyed
hereunder and to remove the offending structure or object,
all of which shall be at the expense of the lessee or its
heirs, successors, or assigns.
21.20.410 Right to Enjoyment And Peaceable Possession:
The City shall agree and covenant that the lessee, upon
paying rent and performing other covenants, terms and conditions
of this lease, shall have the right to quietly and peacefully
hold, use, occupy and enjoy the said leased premises, except
that any inconvenience caused by public works projects in or
about the leasehold premises shall not be construed as a
denial of the right of quiet or peaceable possession.
21.20.420 Lessee To Pay Taxes: Lessee shall pay all
lawful taxes and assessments which, during the term thereof
may become a lien upon or which may be levied by the State,
Borough, City or any other taxlevying body, upon any taxable
possessory right which lessee may have in or to the reason
of its use or occupancy, provided, however, that nothing
herein contained shall prevent lessee from contesting as any
other land owner any incr~-ase in such tax or assessment
through procedures outlined in State statutes.
21.20.430 No Partnership or Joint Venture Created:
The City shall not be construed or held to be a partner or
joint venturer of lessee in the conduct of business on the
demised premises; and it is expressly understood and agreed
that the relationship between the parties thereto is, and
shall at all times remain that of landlord and tenant.
21.20.440 Default Bankruptcy_: If the lessee shall
make any assignment for the benefit of creditors or shall be
adjudged a bankrupt, or if a receiver is appointed for the
lessee or lessee's assets, or any interest under this lease,
and if the appointment of the receiver is not vacated within
30 days, or if a voluntary petition is filed under Section
18(a) of the Bankruptcy Act by the lessee, then and in any
event, the City may, upon giving the lessee 30 days' notice,
terminate this lease.
2120
~5n Nondiscrimination: The lessee, for himself,
21-14
and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the
land, that:
1. No person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in
the use of said facilities;
2. In the construction of any improvements on, over,
or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national origin
shall be excluded from participation, denied the benefits
of, or otherwise be subjected to discrimination;
3. The lessee shall use the premises in compliance
with all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in Federally-assisted Programs of the Department of Trans-
portation--Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended;
4. In the event facilities are constructed, maintained,
or otherwise operated on the said property described in this
lease, for a purpose involving the provision of similar
services or. benefits, the lessee shall maintain and operate
such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of:Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted Programs of the Department of Trans-
portation -- Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
21.20.460 Partial Invalidity: If any term, prouision,
condition or part of the lease is declared by a court of
competent jurisdiction to be invalid or unconstitutional,
the remaining terms, provisions, conditions or parts shall
continue in full force and effect as though such declaration
was not made.
21.20.470 Parole Modifications: It shall be mutually
understood and agreed betweeu~},¢ parties that the agreement,
as written, shall cover all the. agreements and stipulations
between the parties; and no representations, oral or written,
have been made modifying, adding to, or changing the terms
thereof.
21.20.480 Amendment of Lease: Notwithstanding auything
to t~e contrary, in order to aid the lessee in the financing
21-15
oo
of the improvements to be situated herein, the City shall
agree that in the event the proposed mortgagee, beneficiary
or security assignee under any interim or permanent loan on
the security of the leasehold interest of the lessee and the
improvements to be situated thereon so requires, the City
will make a reasonable effort to amend this lease in order
to satisfy such requirements upon the express condition and
understanding, however, that such variance in language will
not materially prejudice the City's rights thereunder nor be
such as to alter in any way the rental obligations of the
lessee hereunder nor its obligations to comply with all
existing laws and regulations of the City relating to the
leasing of airport lands, and to all applicable Federal
statutes, rules, and regulations, and all covenants and
conditions of the deed by which the City holds title to the
land.
21.20.490 Compliance With Laws: Lessee shall comply
with all applicab%e laws, ordinances, and regulations of
public authorities now or hereafter in any manner affecting
the leased premises or the sidewalks, alleys, streets, and
way adjacent thereto or any buildings, structures, fixtures
and improvements or the use thereof, whether or not any such
laws, ordinances and regulations which may be hereafter
enacted involve a change ~f policy on the part of the governmental
body enacting the same. Lessee agrees to hold City financially
harmless:
1. From the consequences of any violation of such
laws, ordinances and/or regulations; and
2. From all claims for damages on account of injuries,
death, or property damage resulting from suc5 violation.
Lessee further agrees it will not permit any unlawful
occupation, business or trade to be conducted on said premises
or any use to be made thereof contrary to any law, ordinance
or regulation as aforesaid with respect thereto.
21.20.500 Care of Premises: Lessee, at its own cost
and expense, shall keep the leased premises, all improvements
which at any time during the term of this lease may be
situated thereon, and any and all appurtenances thereunto
belonging, in good condition and repair during the 'entire
term of this lease.
21.20.510 Less:?e':~ Obligation to Remove Liens: Lessee
will not pez-.-..it any lie,is including, but not limlted to,
21.16
mechanics', laborers', or materialmen's liens obtainable or
available under the then existing laws, to stand against the
leased premises or improvements for any labor or material
furnished to lessee or claimed to have been furnished to
lessee or to lessee's agents, contractors, or sublessees, in
connection with work of any character performed or claimed
to have been performed on said premises or improvements by
or at the direction or sufference of lessee, provided,
however, lessee shall have the right to provide a bond as
contemplated by Alaska law and contest the validity or
amount of any such lien or claimed lien. On final determination
of such lien or such claim for lien, lessee will immediately
pay any judgment rendered with all proper costs and charges
and shall have such lien released or judgment satisfied at
lessee's own expense.
21.20.520 Condemnation: In the event the leased
premises or any part thereof shall be condemned and taken
for a public or a quasi-public use, then upon payment of any
award or compensation arising from such condemnation, there
shall be such division of the proceeds, such abatement in
rent payable during the term or any extension of the term
hereof, and such other adjustments as the parties may agree
upon as being just and equitable under all the circumstances.
If the City and lessee are unable to agree within 30 days
after such an award has been paid into court, upon what
division, annual abatement in rent, and other adjustments
are just and equitable, the dispute shall be determined by
arbitration provided in section 660 hereof.
21.20.530 Protection of Subtenants: To protect the
position of any subtenant(s) hereafter properly obtaining
an,.; interests in the leasehold estate granted lessee hereunder,
the City agrees that in tile event of tile cancellation,
termination, e::piration or surrender of this lease (the
ground lease), the City will accept tile subtenant, its
successors and assigns, as its lessee for a period equal to
the full elapsed portion of the term of the sublease, including
any extensions or renewals thereof not exceeding the term of
this lease, upon the same covenants and conditions therein
contained, to the e:.:tent that said covenants and conditions
are not inconsistent with any of tho terms and conditions of
this lease, provided such subtenant shall make full and
complete attornment to the City for the balance of tile term
of such sublease so as to establish direct privity of estate
and contract between the City and the subtenant with tile
same force and effect as though such sublease was originally
21-17
made directly between the City and such subtenant; and
further provided such subtenant agrees to comply with all
the provisions of the ground lease and all the terms of any
mortgage, deed of trust or security assignment to which such
leasehold estate is subject, except the payment of rent
under the ground lease and the payment of any debt service
under any such mortgage, deed of trust or security assignment.
21.20.540 Successors In Interest: This lease shall be
binding upon and shall inure to the benefit of the respective
successors and assigns of the parties hereto, subject to
such specific limitations or assignment as are provided for
herein.
21.20.550 Governing Law: The indenture of lease shall
be governed in all respects by the laws of the State of
Alaska.
21.20.560 Notices: 1. Any notices required by the
lease shall be in writing:and shall be deemed to be duly
given only if delivered personally or mailed by certified or
registered mail in a prepaid envelope addressed as follows:
To City:
City flail-City of Kenai
P 0 Box 580
Kenai, Ak 99611
To Tenant:
The City shall also mail a copy of any notice given to the
lessee, by registered or certified mail, to any leasehold
lender (mortgagee, beneficiary of a deed of trust, security
assignee) who shall have given the City notice of such
mortgage, deed of trust or security assignment.
2. Any such addresses may be changed by an appropriate
notice in writing to all other parties affected provided
such change of address is given to the other parties by the
means outlined in paragraph 1 above at least 15 days prior
to the giving of the particular notice in issue.
21.20.570 Fire Protection: The lessee will take all
reasonable precaution to prcvent and take all necessary
action to suppress destructive or u::controlled grass, brush
or other fires on leased lands, and comply with all laws,
regulations, and rules pro.--ul,.~ated and enforced by the City
for fire protection witkin ti~e area wherein th~ leased
pro'::ises are located.
21-lB
21.20.580 Inspection: The lessee shall allow authorized
representatives of the City to enter the leased land for
inspection at any reasonable time.
21.20.590 Personal Use of Materials: Ail coal, oil,
gas and other minerals and all deposits of stone or gravel
valuable for extraction or utilization and all materials
subject to Title II, Division I, Chapters 4, 5 and 6 of the
Alaska Administrative Code are excepted from the operation
of a surface lease. Specifically, the lessee of the surface
rights shall not sell or remove for use elsewhere any timber,
stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes; provided,
however, that material required for the development of the
leasehold may be used if its use is first approved by the
City.
21.20.600 Restrictions and Reservations: The lease
shall contain such restrictions and reservat£ons as are
necessary to protect the Rublic interest.
21.20.610 Waste and Injury to Land: If any person
shall commit waste, trespass or other injury upon City land,
the person so offending, in addition to being civill~ liable
for any damages caused, shall be deemed guilty of a misdemeanor.
'21.20.620 Warranty: The City does not warrant by its
classification or leasing of land that the land is ideally
suited for the use authorized under said classification or
lease, and no guaranty is given or implied that it shall be
profitable to employ land to said use. City bears no responsibility
for any water erosion of land.
21.20.630 Ap.si:oval of Other Authorities: Tho issuance
by the City of leases does not relieve the grantee or lessee
of responsibility of obtaining licenses or permits as may be
required by duly authorized Borough, State or Federal agencies.
21-19
21.20.640 Title Restrictions: All leases or sales of
property shall be made subject to r~trictions and reservations
in the patent, deed or other instrument under which the City
holds.
21.20.650 Insurance-Hold Harmless: Lessee shall
covenant to save the City harmless from all actions, suits,
liabilities, or damages resulting from or arising out of any
acts of commission or omission by the lessee, his agents,
employees, customers, invitees, or arising from or out of
the lessee's occupation, or use of the premises demised, or
privileges granted, and to pay all costs connected therewith.
In this connection, the lessee shall agree to arrange and
pay for all the following:
1. Public liability insurance protecting both the City
and/or its agents and the lessee, such insurance to be
evidenced by a certificate showing the insurance in force.
The amount of such public liability insurance shall have
limits not less than those known as $250,000/$500,000/$100,000.
2. Liquor liability (where applicable).
3. Lessee agrees to carry employer's liability insurance
and Workmen's Compensation insurance, and to furnish a
certificate thereof to th~ City, if applicable.
4. Insurance contradts providing liability insurance
and Workmen's Compensation shall provide for not less than
30 days/written notice to the City of cancellation or
expiration or substantial change in policy conditions and
coverage.
5. Lessee agrees that waiver of subrogation against
the City shall be requested of lessee's insurer, and shall
be provided at no cost to the City.
6. Cross Liability: It is understood and agreed that
the insurance afforded by this policy or policies for more
than one named insured, shall not operate to increase the
limits of the company's liability, but otherwise shall not
operate to limit or void the coverage of any one named
insured as respects claims against tho same named insured or
employees of such other named insured.
7. The insurance procured by the lessee as herein
required shall be issued in the name of the lessee and the
City by a company licensed to do business in the State of
Alaska, and shall contain endorsements that (a) such insurance
]nay not be cancelled or amend~d with respect to the City
without 30 days written notice by registered or certified
mail to the City by the insurance company; and (b) Lessee
shall be solely responsible for payment of premiums and that
City shall not be required to pay any premiums for such
insurance.
21-20
8. The amount of insurance coverage required above may
be subject to review for increase at each 5 year renegotiation
of the lease.
9. Upon review by the City, the lessee may be required
to obtain such other insurance protecting the City and
lessee that may be necessarily required or advisable owing
to the particularities of the harbor related activities on
the lease hold interest.
21.20.660 Insurance of Users-Subtenants: Lessee, for
its own protection, may require bona fide public users and
subtenants to execute agreements holding lessee harmless
from actions arising out of user's operations and may require
such bona fide public users and subtenants to show proof of
public liability insurance covering their operations on the
demised premises in such amounts as will adequately protect
them.
21.20.670 Annual Report: The lessee may be required
to submit to the City each year on or about March 15, an
annual report on its operations, particularly those services
and facilities offered to the public, whether on a fee or
non-fee basis.
21.20.680 Arbitration: In the event the City and
lessee shall be unable to agree as to any matter provided
for in the lease except as to the amount of the 5 yeaD rent
redetermination amount which is handled pursuant to section
180, such dispute shall be determined by 3 disinterested
arbitrators, (unless the parties can agree on one arbitrator).
Such arbitration shall be conducted upon request of either
the City or the lessee, before 3 arbitrators (unless the
City or the lessee agree to one arbitrator) designated by
the American Arbitration Association and in accordance with
the rules of such Association. The arbitrators designated
and acting under this lease shall make their award in strict
conformity with such rules and shall have no power to depart
from or change any of the provisions thereof. The expense
of arbitration proceedings conducted hereunder shall be
borne equally by the parties. The proceedings shall take
place in Kenai, Alaska unless otherwise agreed upon by the
parties.
21-21
21.20.690 Modifications of Existing Leases: Leases
shall only be modified to that extent deemed to be necessary
to protect the public's interest.
21.20.700 Unauthorized Removed of Material Prohibited:
Any person, firm or corporation who without written authority
from the City removes rock, gravel or other material from
the lands owned by the City without the express consent of
the City shall be deemed guilty of a misdemeanor. Any
criminal action taken against such person shall not preclude
the institution of civil proceedings by the City.
21.20.710 Removal Not Authorized By Lease: No deed or
lease granted by the City to any person shall contain terms
or be construed as granting any right to remove material
from City lands.
21.20.720 Disposition of Rights By Council: In recognition
that conditions may exist f~om time to time whereby use of
such lands and the material comprising the same may be
benefieial to the public interest and promote the progress
and development of the City, applications for the use thereof
may be received and considered by the Harbor Commission,
providing such applications fully disclose to the City all
material facts and plans for the proposed use. Such applications
shall be consistent with the Comprehensive Plan of the City
and referred to the City Planning Commission for its recommendations.
Disposition of such applications shall be made by the Council
after recommendation from the lIarbor Commission.
21.20.730 Penalties: 1. It is unlawful for any
person to violate any of the provisions of this chapter and
upon conviction thereof shall be fined in an amount not
exceeding $100. Each day such violation is committed or
permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
2. In addition to or as an alternative to the above
penalty provision, the City may impose a civil penalty not
to exceed $100 per day for the violation of any provision of
this chapter and seek injunctive relief for any infraction
tt%ereof for which the offending party will be charged for
reasonable attorney's fees and costs incurred by the City as
21-22
awarded by the court.
3. Nothing in this section shall be deemed to restrict
the City's exercise of any of its rights pursuant to the
lease agreement including those enumerated in section
and __ hereof. ~'~) j~-~,.}
21-23
MEMBERSHIP IN
CULTURAL FACILITIES DEVELOPMENT
COMMITTEE
A. Participation and membership in the CFDC statewide effort to construct Alaskan Cultural Facilities
is ~pen to all communities. However, to be an active voting member the [oliowing preliminary work
sh-uld be completed.
1. A current, updated comprehensive report of facility planning conducted by a qualified theater/
mu.~eum consultant.
2. Summary s~atement of the facility: purposes for which it will be used; why it is needed; what
benefits will accrue to the community; how maintenance, staffing and programming for the facility will
be financed.
3. Summary of physical layout: space allocations, dimensions and schematic drawings, if possible.
4. Site acquisition: a copy of written agreements where applicable.
5. Updated cost breakdown: architects and engineer's fees, equipment, parking, inflation (1979-
1980 construction target dates), 1% construction cost for art works.
6. Current official letter or resolution from municipality to show municipality's willingness to
administer funds for construction and management of facility.
7. Payment of assessed membership costs.
8. Pledge a firm commitment by continued participation in the statewide project before and after
fm~ding and for a period of at least 10 years.
B. CFDC is the coordinating agency for information, data gathering, provides pre-planning assistance,
re~.iews construction plans and costs and proiected operating costs.
C. Membership costs will be assessed annually by the voting members of the committee. Annual active
v~ling membership will include paying a fee as designated. Associate non-voting memberships are open
t~, any interested community. An associates communication fee of $25.00 will be required.
KENAI CITY COUNCIL - SPECIAL MEETING
NOVEMBER 18, 1979
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O~REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Ray Measles, Vincent O'Reilly, Ed Ambarian, Ron Malston
Absent; Mike Seaman, Phil Abet, Betty Gliek
AGENDA APPROVAL
Agenda was approved for special meeting, road repairs for
Cinderella Street.
MOTION:
Couneilman Ambarian moved, seconded by Councilman Malston, that
the Council declare that an emergency exists on Cinderella Street, and
a special emergency meeting be called.
Motion passed by unanimous consent of the Council.
G. NEW BUSINESS
G-l:
M~or O'Reilly asked City Engineer Bill Nelson to start discussion of
the problem. Mr. Nelson said calls from residents started Monday.
City crews were sent down Cinderella St., the water was moving really
fast, the trucks were stuck twice. Since that time they have been in a
monitoring position. The water has been flowing into the street to a
drain. We have had a record precipitation this year, also Beaver
Creek may have a log jam. Councilman Ambarian asked how does this
problem affect the landowners. Mr. Nelson replied the road is tm-
passable from the intersection, a small car can't get down the road.
There was audience reaction to this reply, and Mr. Nelson explained
he hadn't checked past the intersection. One resident noted he had
water up to the edge of the house, and there was water in the base-
ment of the duplex. Mr. Nelson explained that the water is trapped
in the street. It is a two-fold problem, the City can't get in there now,
and the water would ~. there till Spring and create a break-up problem.
It may percolate, buti~ is coming in faster than it is going out. Mayor
O'Reilly asked how the problem could be corrected. Mr. Nelson replied
V-
KENAI CITY COUNCIL
NOVEMBER 18, 1979
Page 2
that before we dig a drainage ditch, we have two problems:
A bulldozer sinks, we will try to use a backhoe.
The land might be owned by the federal government, and the City
may have a liability problem. It may be federal land we are
draining into.
Councilman Ambarian said it was airport land. Mr. Nelson said he
wasnft sure, it might be wetlands. He didn't know who owned it. Mayor
O'Reilly asked Mr. Nelson if the ditch would be on Cinderella, past
Princess, with the embankment on Princess. Mr. Nelson replied yes.
Mr. Nelson said he was not positive the ditch is lewo~' than Cinderella,
ff it is higher, they would have to dig farther down the ditch. They
would start the ditch at Cinderella to make sure we are going downhill.
Councilman Ambarian asked what are the alternatives. Mr. Nelson
replied:
1. Digging, we are not sure if it would work.
2. Pumping, we will need much hose.
Mayor O'Reilly noted there is danger of equipment getting stuck on
Cinderella to Princess. Mr. Nelson stated we will have to dig all the way
through. Councilman Ambarlan asked if they had gotten elevations. Mr.
Nelson replied yes, he felt the ditch was lower than Cinderella, but just
because there's a section Hne, doesn't guarantee an easement. Councilman
Ambarian replied there is an easement on a section line. Mr. Nelson
suggested we could run a grade line through to see how long the ditch
could be, but not how long. it will take.
B-l: Resolution 79-160, transferring $5,000 in the general fund budget to provide
monies for street maintenance, for Cinderella Lan~..
Councilman Ambarian moved, seconded by Councilman Measles, for adoption
of the resolution.
Publie'Comment:
Mayor O'ReiLl¥ requested that all comments be restricted to a solution to
the problem.
Vesta Leigh stated it was doubtful if emergency equipment COuld reach the
homes: fire, fuel, ambulance, etc. She also noted her 1980 car can't run
after driving through the water.
V--
KENAI CITY COUNCIL
NOVEMBER 18, 1979
Page 3
Ray Rogers said this is airport land, and there is a 15 ft. drop on Cinderella
Lane. He suggested starting the ditch at a different area. He also warned
that if the water was left to freeze up, there will be damage.
Mr. McCollum said that with a backhoe, it should be dry to wet, not wet to
dry. He thought the water would drain if a ditch was dug from Princess to
Cinderella, but it won't work from there to the highway.
An unidentified man said the City should get on it, the wale.,' ~'aised 3 inches
since yesterday in his house.
Vesta Leigh asked if the resolution was dealing specifically with this area.
Mayor O'Retlly replied yes.
Mrs. McCollum asked after the water was drained off, what was the City
going to do to the road. It was a one-lane road with ditches, the gravel
had been sc~'aped off into the ditches over a period of years, and it needs
repair.
Counclman Ambarian asked if this could be classified as a natural disaster
and could the Borough or Civil Defense help. Atty. Delahay noted there
was a $4,600 fund. Councilman Ambarian noted that if it was a natural
disaster, what does $5,000 cover. Mr. Nelson said he didn't know. In
the past, they have paid $800 to $1,000 per day for similar equipment.
Councilman Ambarian asked if this was a week end rate. Mr. Nelson replid
this was a fiat rate. As far as manpower gees, the City had 3 or 4 m6n
available. Councilman Ambarian asked how many feet of ditch there would
be. Mr. Nelson replied it depended on how deep we would have to go.
Without survey, he wouldn't know how deep or far. At least 1500 ft.,
we don't have alot of facts. Councilman Ambarian asked Mr. McCollum
how long he thought it would take. Mr. McCollum replied one day, it
depends on who does it. It may have to be let out on contract. It it's
wide enough, it won't have to be too deep. He also suggested that the
excess be put on the north side.
Mrs. Metz asked who will be responsible for removing damaged goods
from basements. Mayor O'Reilly replied he didn't know, that it may
not be the fault of the City if the damage is all over.
Mrs. Metz asked why haven't they surveyed. Councilman Ambarian
asked Mr. Nelson ff the equipment was lined up. Mr. Nelson replied
he knew of 3 pieces available, but they are not lined up yet. Mayor O'Reilly
asked Acting City Manager Charles Brown if it was okay to get from a single
source.
KENAI CITY COUNCIL
NOVEMBER 18, 1979
Poge 4
Mr. Brown replied the initial expense must be under $2, $00. Councilman
Ambartan proposed Mr. Nelson line up the contractors immediately.
There was a 15 minute recess.
After the recess, Mr. Nelson reported 3 people oould start the next day.
Mr. MeCollum said they couldn't move equipment today. Mr. Nelson
said the 3 are:
Ben Davis
Jackson Garland
Zubeck Excavating
Mr. MeCollum said we don't need one as big as D~vis', a larger one is
more hasale. He thought Jackson had one. Mr. Nelson said he had used
Zubeek before, and it worked well. He has also used Redoubt F. xcavaflng
before,but couldn't eontect them. Councilman Amba~ian asked Mr. Nelson
who he would recommend. Mr. Nelson replied Zubeek was his first choice,
Redoubt was his second, if available. Councilman Ambarian asked if
pads could be rented from one company to anotl~er. Mr. Nelson replied
he didn't know.
MOTION:
Councilman Amba~ian moved, seconded by Councilman Malston, to amend
the resolution to state the emergency, caused by abnormal amount of rain
over the last $ months and homes a~e in danger of being severely damaged.
There was no public comment.
Motion passed unanimously.
MOTION:
The main motion, as amended, was proposed.
There was no public comment.
Motion passed unanimously.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to direct
the Acting City Manager to contract to have the work begin November 19, I979,
that the Council authorize expenditures for emergency supplies.
KENAI CITY COUNCIL
NOVEI~IBER 18, 1979
Page 5
There was no public comment.
Motion passed unanimously.
Councilman Malston suggested the administration start today to see if
they can start tomorrow, and if they can shoot the lines today.
Mr. Nelson replied, no problem, they can even get the equipment in
today.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to direct
the Acting City Manager to proceed and contact Civil Defense, the Borough
Mayor, and the Representatives in Juneau to pursue assistance.
There was no public comment.
Motion passed unanimously.
Mayor O'Reilly confirmed that the lines would be shot today, and the
equipment would start at daybreak tomorrow.
ADJOI.~RNMENT
There being no further business, the meeting adjourned at 12:00 Noo~.
Respectively Submitted,
Jr %Vhelan, City Clerk
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 21, 1979
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Phil Abet, Ed Ambarian, Betty Gliek, Ron Malston, Ray Measles,
Vince O'Reilly, Mike Seaman
Absent: None
A~A~P~VAL
Mayor O'Reflly noted that ordinances 533,534, 535, and 537 had been signed
in error, before final passage.
Mayor O*Reilly also noted that G-17, Schematic Design of City Hall, Carmen
Gintolt, was in error, Council was approving funds for architectural drawings.
Mayor O'Reflly asked all present to stand for one minute in recognition of
concern for the hostages in Iran.
B. PUBLIC ~IEARINGS
B-h Ordinance 533-79, increase in revenues, Federal Revenue Sharing in the
amount of $306,750. '
MOTION:
'Councilman Malston moved, seconded by Councilman Seaman to approve
the ordinance.
There was no public comment.
Motion passed by roll call vote.
B-2
Ordinance 534-79, increase in revenues, shop addition capital project fund
in the amount of $47,298.
MOTION:
C, ouncilwoman Glick moved, seconded by Councilman Seaman to approve
the ordinance.
There was no public comment.
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 2
Motion passed by roll call vote.
B-3: Ordinance 535-79, inerease in revenues, anti-recession assistance fund
in the amount of $5,000.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick to approve
the ordinance.
There was no public comment.
Motion passed by roll eall vote.
B-4: Ordinance $1~$~79, amending 1979 Code, establishing Kenai Community
Library.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick to approve
the ordinance.
There was no public comment.
Motion passed by roll call vote. ~'
B-5: Ordinance 537-79, codifying 1979 Code, personnel ordinance of the
City as Title 23.
MOTION:
Councilman Ambartan moved, seconded by Councilwoman Glick, to table
this till next meeting.
A committee consisting of Councilman Ambarian, Councilman Malston and
Councilman Seaman will review the Code. Acting City Manager Brown stated
he will make more changes. Councilman Amba~'ian asked if the committee
will meet with Mr. Brown, Mr. Brown replied yes.
C. PERSONS PRESENT SCHEDULltD TO BE HEARD:
None
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 3
D. MINUTES
Mechanical corrections were suggested by' Councilwoman Glick for
the minutes of N~,ember ?, 1979.
Minutes were approved as corrected.
Minutes for the meeting of November 15, 1979 were approved as
distributed.
CORRESPONDENCE
Mayor O'Refll¥ reviewed a letter from the Alaska Dept. of Natural
Resources regarding conveyance of land areas to Cook Inlet Region, lne.
Administration was directed to send a letter of non-objection
to the State.
G. NEW BUSINESS
G-l: Bills to be paid - Bills to be ratified.
MOTION:
Councilwoman (]lick moved, seconded by Councilman Malston to approve
Bills as submitted in the Council packet.
Motion passed by roll call vote.
G-2: Requisitions exceeding $500.
MOTION:
Couneflman Malston moved, seconded by Councilman Seaman to approve
requisitions as submitted in the Council packet.
Mr. Brown exp!~ined the Cordova Const. bill was a change in vendor.
Motion passed by roll call vote.
G-3: Ordinance 538-79, inerease in revenues, State Jail Contract Fund - $I0,000.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick to introduce
the ordinance.
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 4
G-4:
Motion passed by roll call vote.
Ordinance 539-79, increase in revenues,
amount of $750.
State Library Grant, in the
MOTION:
Councilman Malston moved, seconded by Councilwoman Gltck to intro-
duce the ordinance.
G-5:
Motion passed by roll call vote.
Ordinance 540-79, establishing capital project fund "Frontage Road" in
the amount of $1S,000.
MOTION:
Cour~ilman Ambarian moved, seconded by Councilwoman Glick to intro-
duce the ordinance.
Mayo. r O'Reilly asked if this was the road parallel to Spurt Rd. Council-
man Ambarian replied yes.
Motion passed by roll call vote.
G-6: Resolution 79452, transfer of funds, water and sewer services advertising
in the amount of $350. ~'
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston to approve
the resolution.
· Motion passed by roll call vote.
G-7: Resolution 79-153, water & sewer special revenue fund, repair and maintenance,
in the amount of $2,500.
MOTION:
Councilman' Seaman moved, seconded by Councilman Measles to
the resolut ton.
Motion passed by roll call vote.
aDDrOVe
G-8: Resolution 79-I54, transfer of funds, general fund, legal fees, in the
II
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 5
amount of $4,000.
MOTION:
Councilman Seaman moved, seconded by Councilman P~alston to approve
the resolution.
Motion passed by roll call vote.
G-9: Resolution 79-155, aeceptanee of Comprehensive Annual Financial Report
for FY 1979-80.
MOTION:
Councilwoman Gltck moved, seconded by Councilman Seaman to approve
the resolution.
.Mayor O*Reilly noted this was a great piece of work, and extended his
compliments and those of the Council to Finance Director Charles Brown.
Motion passed by roll call vote.
G-10: Resolution 79-156, transfer of funds, animal shelter utilities, in the
amount of $200.
MOTION:
Councilman Malston moved, seconded by Councilman Seaman to approve
the resolution.
Motion passed by roll call vote.
G-II: Resolution 79-157, transfer of funds, annual Christmas party, in the
amount of $2,000.
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles to approve
the resolution.
Motion passed by roll call vote.
G-12: Resolution 79-158, transfer of funds, submission of City's Financial
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 6
Statement to the Municipal Finance Officers Association in the amount of
$15o.
MOTION:
Councilman Seaman moved, seconded by Councilman Measles to approve
the resolution.
Motion passed by roll call vote.
G-13: Resolution 79-159, purchase of a snowblower in the amount of $32,800,
from Federal Revenue Sharing Funds.
MOTION:
Councilman Seaman moved, seconded by Councilman Malston to approve
the resolution.
Mayor O'Reilly stated that this was a used snowblower.
Motion passed by roll call vote.
G-14: Lease amendment, Andy's Flying Service.
Aet"ing City Manager Charles Brown explained this was at the direction
of Council.
MOTION:
Councilman Ambarian moved, ~oc_o,ded by Councilwoman Glick to
approve the lease.
Motion passed by roll call vote.
G-15: Discussion of house number layout as prepared by Glacier State
Telephone.
Mayor O'Reilly suggested that this be held, because the Public Works
Department did not have a representative. The Council concurred.
G-16: A,)proval of audit proposal - Coopers 2 Lybrand.
Finance Director Charles Brown explained there were two proposals:
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 7
1. Audit airport terminal fund
2. Federal Revenue Sharing & Anti-recession
In previous years we have lust sent our regular audit, but we can't do
that any more. The motion for approval was divided into 2 parts.
MOTION:
Councilwoman Glick moved, seconded by Councilman l~ialston, to approve
the airport terminal audit.
Motion passed by roll call vote.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian to approve
the Revenue Sharing & Anti-recession audit.
Motion passed by roll call vote.
G-17: Approval of funds for architectural drawings, Carmen Gintoli.
Carmen Gintoli explained his proposal. This was an idea of space required,
He would need a budget figure from the Council to complete it. The attorney
needs more space, There is access needed between the City Managerts office
and the Council Chambers, and he plans to reverse the building official and
the Public Works Directorts office. It is an open concept, access to anyone
eoming in. What the plan does is show what the City needs, there is room
for expansion. The Council ehambers have sliding doors, and a permanent
set-up for executive sessions. He computed $80 per sq. ft. for construction.
Mr. Brown said the Health Center can be bond money, he will cheek with
Atty. Delahay. He also said we have $337,000 bond money and $400,000
in the reserve general fund. Mr. Gintoli said he could start at break-up.
Councilman Ambarian asked Mr. Brown if we still have working capital.
Mr. Brown replied yes. Councilman Ambarian asked Mr. Gintoli for an
estimate of site development, road and water & sewer. Mr. Gintoli replied
road estimates are unknown. There is some pa~*kinl~ available to use. We
would have to add 30% ff we have to have all new parking. Councilman
Ambarian asked if we are leasing or purchasing the land. Mayor O'Reilly
replied he didntt know. Mayor O~Reilly asked if there was any estimate
on furnishings. Councilman Ambarian replied $30,000 to $40,000. Council-
man Abet confirmed this did not include carpets, etc. ~!r. Ointoli explained
we will be using what we have whenever possible. The Council Chambers
need some seats, he would advise against fixed seating. Councilman Ambarian
asked if there was matching funds for the Health Center. lt~r. Gintoli explained
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 8
his understanding was: 1000 sq. ft. times cost per sq. ft. of the building
gives us the total money to withdraw from Civic Center and apply cost
of City Hall. Councilwoman Glick asked if we are still providing the
H~.alth Center. Mr. Gintoli replied yes, at last discussion. Councilwoman
Glick stated she understood the State Dept. of Revenue was moving out of
Kenai. Mr. Brown said the City was not opposed to the ~tate taking over
but not to their moving out of Kenal. The latest report is Jan. 1, 1980 that
the State will take over, he hasn't heard any confirmation. Councilwoman
Gliek said we should confirm this as soon as l~ossible, we need definite
plans. Mr. Brown said he will cheek on .~!onday. ~r. Gintoli noted that
Dept. of Revenue is downstairs, if is not used, it will be storage. But we
should know from the State. Mayor O'Reilly asked Mr. Gintoli if he basically
needed a dollar figure, Mr. Gintolt replied yes. Councilman Ambarian said
he figures $950,000 with site development, oarkin~, etc., and su~gested we
should lease the land from the City. Councilwoman Glick concurred, and
suggested a 55 year lease.
Councilman Aber asked if we had planned a dead storage area. Mr. Brown
said he wasn't sure ff we needed a walk-in vault. },ir. Gintolt said a concrete
wall with a steel door for 2-3 hours fire proofing was sufficient. Councilman
Abet noted we should have a storage area for special papers and microffim
if we start using it.
Councilman Ambarian said the mechanics need access to the back. Mr. Gintoli
noted this had already been considered.
Councilwoman Glick asked if public comment sessions are in his plans. Mr.
Gtntoli replied his contract will have development plans to submit to Council
meetings. He has already been contacted re~arding air circulation. Council-
man Malston asked if there were windows. Mr. Gintolt showed him those
planned in the Council Chambers, Manager's office, Clerk's office, Attorney's
office and the Health Center.
Councilman Ambarian asked if the schematics will be reviewed by the Public
Works Committee, Mr. Gintoli replied yes. A meetin~ was set for the following
Thursday.
Mayor O*Reilly asked if the $750,000 was for the buildtnt~. Councilman Ambarinn
replied it would be easier if the figure included everything. $750,000 was for
the building,- $200,000 was for site development..~r. Gtntolt noted the contract
will go out to one contractor. Councilman Ambartan asked if was on contingency.
Mr. Gintoli replied yes, he will .l~Ive costs as they 1~o along. Councilman
Ambartan said $950,000 was the maximum, the plan will include alternates
F-
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 9
if it goes higher. Mr. Gintoli said that will be determined as we !~o along.
Mayor O'Reilly asked if Federal Energy Saving grants were involved. Mr.
Gintoli replied $50,000 on alternate energy forms was available through the
U.S. Dept. of Ener~. Councilman Abet asked about the State Appropriate
Technology Pro,ram. Mr. Gintoli replied he has been trying to get information
on that, they do have a loan program. Mayor O'Reilly said there is alot of
money available, we should be checking into this. Mr. Gintoli noted that
with solar energy for water, funds were available.
Atty. Delahay discussed some housekeeping changes in the contract.
MOTIO.~h
Councilman Ambarian moved, seconded by Councilwoman Gliek , that
the ag'reement between the City of Kenai and Gintoli Architectural
construction costs are not to exceed $9 50,000, to tnolude contingency.
Discussion:
Councilman Abet said he was not in favor of weeky inspections, we wiil
need daily inspections. Atty. Delahay agreed, the owner usually furnishes
the inspector, the architect should furnish the inspector. But
the proposal was set up this way by the architect ~nd a~n, eed by the City.
Councilman Abet felt that once a week by the architect or anyone else was
not sufficient. Mr. Gintoli said a full-tiroe inspector is
$15.00 an hour, for a total of $15,000 plus. The Council can increase the
cost as it goes along, at their option, it is in the contract. Councilman
· Ambartan asked how long the tests would take, one hour or all day. Some
weeks it will take more time. Mr. Gintoli replied he would attend the special
meetings and weekly inspections per the proposal. Some times he will
need more time than others, it is up to the Council. Mayor OtReilly noted
that for a job of this size, it would need an inspector. He asked Atty. Delahay
if the Council could call on Mr. Gtntoli if needed for inspection. Atty. Del-
ahay refered ix) the contract, and asked Mr. Gintoli how much a full-time
inspector cost. Mr. Gtntoli replied $20.00 an hour, plus $20.00 an hour
for drafting, and $10.00 for secretary. Councilman Ambarian said he
would disapprove the contract as written, he aR'reed with Phil Abet. Atty.
Delahay said the City could set the hours to inspect, when extra inspections
were needed.
MOTION:
Amendment to main motion.
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 10
Mayor O'Reilly proposed an amendment to oage 1 of the agreement, Part II-B,
For Employees' time at:
Project Inspector ....... $20.00 per hour.
Amendment to main motion passed by roll call vote.
Mr. Brown asked if the total construction costs are listed. Mr. Gintoli refered
to the contract.
Councilman Aber asked for clarification of page 7 of the agreement. Do we
furnish soils personnel for testing. Mr. Gintoli replied the contract documents
would specify, and refered to Atty. Delahay. Mr. Delahay said it was removed
from the architect. Councilman Abet asked why, the City will have to furnish
f'rrms for testing. Mr. Delahay explained it usually goes to a lab, the City will
contract. We don't do, just pay fey. The arohitect will demand the test, the
City will pay for it. Councilman Abet said he understands, but it is not working
that way. Mr. Gintoli explained that in the contract, the contractor will be
responsible. Any special testing, the City will nay. Determinations can only
be made at the time. Arty. Delahay said if an architect has to ovex'see tests,
their fee will rise to cover the contingency. Councilman Abet said that con-
tractors have been hurt by testings not done correctly. Atty. Delahay noted
that we're paying so the architect will be encouraged to insist on tests. Mr.
Gintolt reiterated that the contracts will have standard testing, this is just for
special testing. If the results are necative, the contractor nays, if' vostflve,
the City pays.
MOTION:
The main motion was voted upon. Motion passed with Councilman
voting no.
H-l: City Manager's Report
There will be a meeting of the airport committee Monday evening.
H-2: City Attorney's Report
City withdrawal from Social Security. Atty. Delahay explained that the
Police were separate from the other departments, and Atty. Schlereth had
asked the State for an opinion. The State said no, it couldn't be done that
way. If it does pass the vote, it cannot become effective until Dec. 31, 1981.
He suggested the City Clerk bring the subject up for a vote at that time.
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 11
Councilman Ambarian said it has been delayed over six months now, and was
brought up by Public Safety. By adding other employees, the motion has been
slowed down. Atty. Delahay explained that by law is cannot be in effect before
Dec. 31, 19~I. Why make a decision now when it cannot be done till then, two
calendar years after notice. Councilman Abet asked if everybody was on the
option, Councilman Ambarian replied yes. Atty. Delahay said we are in a
state of withdrawing, but it cannot be official until Dee. 31, 1981, and all could
change. Councilman Abet asked why wait to vote. Atty. Delahay explained
the Public Safety wanted it. Councilman Abet said Public Works voted yes, but
the others in administration can vote yes or no. Atty. Delahay read the letter
from the State that explained all departments would vote together. Councilman
Abet noted that Public Safety is more than 50% of the total personnel, Mr. Brown
said just barely, with the dispatchers. Councilman Abet said it is not fait* to
the older employees, it should be an option. Atty. Delahay explained the ernoloyee
would still have what he bought in, but it would be decreased. He felt the Coun-
cil was spinning its wheels, we cantt do anythinF, till 1981. Councilman Ambarian
said the original intent was for Public Safety only. Counefl intended to protect
the older employees. Atty. Sehlereth beg2n the work. Councilman Abet said
everyone will forget in one and a half years. Councilman Ar~barian said we
should pursue a State decision, other municipalities have done this. Mayor
OtReilly appointed Councilmen Ambarian, .~4alston and Seaman to cheek into
this. Atty. Delahay said he would check the social security law.
Atty. Delahay then discussed Daddy*s Money liquor license. They want to
change the lease to a set amount instead of percentage, the proposal would mean
more money. It is separate from the liquor license. Councilman Ambarian said
the purpose of the City name on the license is:
a. It is a City-owned facility
b. Two tenant's ago, they tried to sell with our name on the license.
The ABC Board have told lessees the 10% fee makes us part owners, this is
wrong. Our name on the license protects our interest. The percentage of
the gross was an incentive to lessees to increase business. $25, O00 is only
one-half of the space, it could be increased, and the profits wflI increase.
Councilman Abet noted we get 10% whether our name is on the license or not.
Councilman Ambartan said the liens against Ettel and Butter are holding up
the lease with the new owners, but they are not against the City. Atty. Delahay
said the letter does not require Council action. Any control we earl have over
the license is to the Ctty*s benefit. ~ayor OtReilly asked Atty. Delahay to
cheek into the legality of the license. Councilman ~,~easles asked of the City*s
liability in a lawsuit. Atty. Delahay answered we are responsible for the oder-
ation if our name is on the license. Chief Ross explained, at Mayor O*Reilly's
request, that the license cannot be transferred, it must be at the airport.
Councilman Abet asked about liability. Chief Ross said we have insurance that
states we have liability as a bar-owner. ~'e are on the license, the building
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 12
H-4:
H-5:
H~6:
H-?:
lease is too far-fetched for liability.
Mayor O'Reilly discussed Cinderella St. The line is not a section line. The
property was sold without a survey or right-of-way. Mr. Brown tried to
eoniaet the owners, but could not. The land lies under power lines, is
brushed out. The City went ahead with the project.
Mayor's Report
None
Clerk's Report
Councilman Ambarian explained his negative reply to the telephone poll,
regarding the cutting edges for the grader. He felt it was bad management
to wait for the snow.
Finance Director's Report
None
Planning & Zoning Commission
Councilwoman Glick said at the meeting of November 14, the ComDrehensive
Plan was discussed with corrections and additons. Little comment was made.
A zone change was made.
The Commission reviewed approval of Taxiway C and unanimously agreed that
the Council should explore any way to enhance development as soon as possible.
Mayor OtReilly noted he would like to have the State's share of the funding as
mentioned by Pat Ryan be accelerated. He has written him a letter. Council-
woman Glick said the water study survey was discussed. The people who spoke
felt industry should pay for water needed, this duseusalon was well-represented.
Mayor OtReilly complimented Councilwoman Gliek for chairing the committee.
Councilwoman Glick said the Commission acknowledged receipt of the letter from
the anti-annexation committee.
Kenai Peninsala Borough Assembly
Councilman Ambarian said the Borough lands will not be considered for the
land sale until the suit is settled. There is $20,000 Federal Revenue sharing
for the Kenai Peninsula Convention Center.
'--II'lll'l-'l I I III
KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 13
H-8:
l/~bor Commission
ltlayor O'Reilly directed the administration to send a letter to Sea Catch. He
would like to have consultants prepare a report on rivers, re~arding the small
boat harbor study. Couneiln~an Ambarian noted the Borough Port & Harbor
study will have a rewrite of Kenal River I)roblem by the Dee. 10 meeting.
He is concerned about a possible split between H~rbor Commission efforts
and the Borough effort. He is not a~ainst the Harbor Commission effort, but
a cooperative effort would be better.
Councilman Abe~' said $5,000 can't do much, he will fret a copy of the old
Dept. of l~n~ineer's report. Ilo cannot do anything about the river problems
with $5,000. Councilman Ambarian said he would like to meet with Bob
Peterkin and see. Mayor O'Reilly noted we should leer with the State legislators
lonll before the session
Councilman Abet said the $600,000 available for development of harbors has
been there a long time. Mayor O'Reilly asked Atty. Delahay ff the money
can be used for development. Atty. Delahay said he will check. Councilman
Abet said this was researched before, we need a feasibility study first.
Councilwoman Glick asked if this would include planning. Mayor O'Reiily
said Councilman Ambarian will meet with Mr. Bigelow and Bob Peterkin, we
need a temporary plan. Councilman Abet said the government would require
a study. Councilman Ambarian said Mr. Btgelow is rewritinl/~ the study.
Mayor O'Retlly discussed the Tract D, Roper proposal. He recommended it not
be approved. Councilwoman GHck said Mr. Roper has a lease on Tracts
B&C. He signed the rights over to Kenal Harbor Development, was this con-
sumated? Mayor O'Reilly replied the Harbor Commission is trying to keep
Tract D out of the Tracts B&C 10roblem.
Mayor O'Reilly directed the administration to send a letter to the federal gov-
ernment applying for Port of Entry status for Kanai.
KENAI CITY 'COUNCIL
NOVEMBER 21, 1979
Page 14
Mayor O'Reilly discussed the Tract A oroposal and su~,~ested adminis-
tration get local firms to give cost estimates. Councilman Abet said he
doesn't want to, but it would cost more money piecemeal. Councilman
Ambarian asked that it be put on the next agenda so we can study it.
Two Harbor Commission members recently went to .seward for a meeting,
and there were some unused funds. They requested the Council to let them
use the balance to go to Cordova for a meeting with harbor officials there.
MOTION
Councilman Malston moved, seconded by Councilman ,~eaman to have the
Harbor Commission use the unused funds to go to Cordova.
Motion passed by roll call vote.
I. PERSONS PI~SENT NOT SCHEDULED TO BE HEARD
Ruby Coyle: The Harbor Commission should be commended for the direction
it is taking. We have been a first class City for 20 years, and nothing has been
done for the river and harbor area. We should ~o full speed ahead to develop
the river, the Councils have not done their share.
She also mentioned the Water Resources Hearing to be held l~onday night. As
we s~et industry, we will need a water line. ~'e should push for this. There
was no concern shown for Schedule A in the report, we should object. If
they go above wells to give water to N. Kenai, the City will suffer, why not
go to the Kenai River and forget Schedule A. Councilman Abet noted that
there is an ordinance that requires approval by the City to drill within the
City. Mrs. Coyle sugl,~ested the City should research this ordinance to see
if we have rights to the water. Couneilwon~an Glick said the meetin~ of
Dec. 3 will go into this, then the Borough Asset,by acts. If there is much
comment, there will be a second meeting. She asked Atty. Delahay to re~
search this ordinance.
Mayer O'Reflly said the letter from Glacier .State will be discussed at the
Thursday night meeting, and asked the Clerk to notify Mr. Hampton of the
meeting.
ADJOURNMENT
Meeting adjourned at 10:25 PM.
Respectively Submitted,
Janet Whelan, City Clerk
VE~'DOR
¥OR APPROVAL
Bob~s Texaco
Borge~ & Son
Coopers 6 Lybrand
Gl~cier S~ate
hrath~ ~1 ~y
~ F~e
Tire City
Union Oil Core. my
Zubeck Excavatic8
PestnsuLa Enterprises
FOR RAYIF2CA~IOH
H~cicn~l ]~unk of Alaska
'I-HE FOI.LO~ING II'EHS ARE OVER $500.00 WHICH {{£ED COUNCIL APPROVAL OR RATIFICATION
AMOUI~ DESCRIPTION PROJ E~,T/DEPARTMENT ACCOUNT CHARGE
12/$/79
2,07&.47 Tires Shop
13,720.00 Gravel Streets
Gravel Airport
Gravel CT-Parks E. Kenai Tr
701.93 Gaaolioe Shop
1,550.00 Final Billies 78-791~ Audit
2,238.39 ~ove~ber Phone Sill Various
3,895.00 Voice Analyzer Systm Police
6,336.62 October Cas Trust & A~e~cy
32,800.00 Used Snovblo~er FRS-Streets
2,381.20 CuttinS gdses Shop
2,56~o00 Cate Repair Airport
Fe~cin8 Parks
2,0~7.12 Tires Shop
6,323.66 Octobe~ Cas Trust &Agency
702.50 Backhoe Vork Streets
2,500.00 December Lease Payment Airport J~O
200,000.00 REPO-11/27/79 Central Treasury
Repair/Maint. Supplies 2,076.&7
Repair/Haint. Supplies 6,735.00
Repair/Haint. Supplies 2,2&5.00
Construction 4,740.00
0peratius Supplies 701.93
Professional Services 1,550.00
Cmmunications 2,238.39
~achJ~et7 & ~quip~eat 3,895.00
In Trust 6,336.62
Hach~nery & Equipueat 32,800.00
Operattn8 Supplies 2,381.20
Repair & Haiotenance 80.00
Iuprovemesta O/T aldas. 2.484.O0
Repair/Haint. Supplies 2.O~7.12
In Trust 6,323.66
Repair & Haint~-=flce 702.$0
Rentals 2,500.O0
Ceacral Treasury 200,000.00
10870
10664
1066~
1066~
11044
10782
11162
11095
11094
I078~
10869
11157
10695
C!
CITY OF KENAI
ORDINANCE NO. 541-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING CERTAIN SECTIONS OF TITLE 7 OF THE 1979 KENAI CODE
TO RAISE THE MONETARY LIMITS ON PURCHASES WITHOUT COUNCIL
APPROVAL, REQUIRING AUTHORIZATION BY TELEPHONE POLL IN
EMERGENCIES, AND FOR REQUIREMENT OF COMPETITIVE BIDDING.
WHEREAS, the effects of inflation and steadily rising costs
have made unrealistic the monetary limits set on contracting
for, Or purchasing of, supplies, materials, equipment, or
gontractual services by the City Manager without prior
approval by Council, for purchasing without competitive
bidding, when telephone poll may be made by the City Manager
to obtain authorization from Council for purchasing budgeted
supplies, materials, or services if the need is critical in
his estimation, and when disbursements require review by the
Council, and
WHEREAS, it is the intent of Council to raise these limits
to more realistic levels,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: 7.15.030 of the 1979 Code is amended to
read as follows:
"7.15.030 When Prior Approval by Council is Requirea:
1. Every contract for or purchase of supplies, materialsl
equipment or contractual services shall require the prior
approval of the Council. The only exceptions will be: (a)
Utility bills (electricity, gas, fuel and telephone); (b)
City's routine investment purchasing; (c) Monthly payments
for payroll deductions (i.e., income tax, F.I.C.A., retire-
ment, and fringe benefits), including both employer's and
employee's share; (d) Monthly natural gas payments under
trust for Kenai Utility Service Corporation (i.e., Marathon
& Union); (e) Authorized debt; (f) Monthly contracted
janitorial service; and (g) contracts for, or purchase
of, supplies, materials, equipment, or contractual services
for sums less than $1,000 which are authorized by the
City Manager or his designated official.
2. Ail such exceptions will be paid when they fall due
and payments will be ratified by Council at the next regular
Council meeting.
Ordinance 541-79, Page 2
Section 2: The introductory wording and subsection 1
of 7.15.050 of the 1979 Code are amended to read as follows:
"7.15.050 Purchasinq, When Competitive Biddin~
Not Required: The following may be purchased without
giving an opportunity for competitive bidding:
1. Supplies, materials, equipment or contractual
services whose cost does not exceed $3,500 in a single
transaction."
Section 3: The introductory wording and subsection (1)
7.15.080 of the 1979 Code are amended to read as follows:
"7.15.080 Telephone Polls-Authority, procedure,
Recordation: Authority: The City Manager may obtain
authorization from Council by telephone poll to (1) purchase
budgeted supplies, materials or services in excess of $1,000
if the need is critical in his estimation, and"
Section 4: 7.25.050 of the 1979 Code is amended to
read as follows:
"7.25.050 Review of Disbursement: Ail disbursements by
the City in excess of $1,000, with the exception of payroll
checks, shall be reviewed by the Council."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th
day of December, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Janet Whelan, City Clerk
First Reading: December 5, 1979
Second Reading: December 19, 1979
Effective Date: December 19, 1979
CITY OF KENAI
ORDINANCE NO. 541-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING CERTAIN SECTIONS OF TITLE 7 OF THE 1979 KENAI CODE
TO RAISE THE MONETARY LIMITS ON PURCHASES WITHOUT COUNCIL
APPROVAL, REQUIRING AUTHORIZATION BY TELEPHONE POLL IN
EMERGENCIES, AND FOR REQUIREMENT OF COMPETITIVE BIDDING.
WHEREAS, the effects of inflation and steadily rising costs
have made unrealistic the monetary limits set on contracting
for, or purchasing of, supplies, materials, equipment, or
contractual services by the City Manager without prior
approval by Council, for purchasing without competitive
bidding, when telephone poll may be made by the City Manager
to obtain authorization from Council for purchasing budgeted
supplies, materials, or services if the need is critical in
his estimation, and when disbursements require review by the
Council, and
WHEREAS, it is the intent of Council to raise these limits
to more realistic levels,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: 7.15.030 of the 1979 Code is amended to
read as follows:
"7.15.030 When Prior Approval by Council is Require~:
1. Every contract for or purchase of supplies, materials,
equipment or contractual services shall require the prior
approval of the Council. The only exceptions will be: (a)
Utility bills (electricity, gas, fuel and telephone); (b)
City's routine investment purchasing; (c) Monthly payments
for payroll deductions (i.e., income tax, F.I.C.A., retirement,
and fringe benefits), including both employer's and employee's
share; (d) Monthly natural gas payments under trust for
Kenai Utility Service Corporation (i.e., Marathon & Union);
(e) Authorized debt; [AND] (f) Monthly contracted janitorial
service[.]; and (g) contracts for, or purchas~
of, supplies, materials, equi'pment, or contractual services
for sums less than $1,000 which are authorized by the
City Manager or his designated o~ial.
2. Ail such exceptions will be paid when they fall
due and payments will be ratified by Council at the next
regular Council meeting.
F
Ordinance 541-79, Page 2
[3. ONLY THE CITY MANAGER OR HIS DESIGNATED OFFICIAL
MAY AUTHORIZE CONTRACTS FOR, OR PURCHASE OF, SUPPLIES,
MATERIALS, EQUIPMENT OR CONTBACTUAL SERVICES FOR SUMS LESS
THAN $500. ]"
Section 2: The introductory wording and subsection 1
of 7.~5.050 of the 1979 Code are amended to read as follows:
"7.15.050 Purchasing, When Competitive Biddin~
Not Required: The following may be purchased without
giving an opportunity for competitive bidding:
1. Supplies, materials, equipment or contractual
services whose cost does not exceed $3,500 [$2,500] in a
single transaction."
Section 3: The introductory wording and subsection
(1) 7.15.080 of the 1979 Code are amended to read as follows:
"7.15.080 Telephone Polls-Authority, Procedure,
Recordation: Authority: The City Manager may obtain
aut'horization from Council by telephone poll to (1) purchase
budgeted supplies, materials or services
in excess of $1,000 [$500] if the need is critical in his
estimation, and"
Section 4: 7.25.050 of the 1979 Code is amended to
read as follows:
"7.25.050 Review of Disbursement: Ail disbursements
by the City in excess of $1,000 [$500], with the exception
of payroll checks, shall be reviewed by the Council."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
19th day of December, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Janet Whelan, City Clerk
First Reading: December 5, 1979
Second Reading: December 19, 1979
Effective Date: December 19, 1979
CITY OF KENAI
ORDINANCE NO. 542-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ~
AMENDING TITLE 4, UNIFORMBUILDING CODE OF THE 1979 KENAI
CODE TO ADOPT THE 1979 EDITION OF THE UNIFORMBUILDING CODE.
WHEREAS, the City of Kenai presently has a .Uniform Building
Code codified in Title 4 of the 1979 Kenai Code, and
WHEREAS, it is desirable to update the Code by adopting the
1979 Edition of the Uniform Building Code, Uniform Code for
the Abatement of Dangerous Buildings, Uniform Sign Code,
Uniform Mechanical Code, and the Uniform Plumbing Code, and
WHEREAS, the National Electrical Code, 1978 Edition, has not
been updated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1: Section 4.05.010 to and including 4.25.060
of the 1979 Kenai Code are hereby repealed.
Section 2: Section 4.05.010 to and including 4.25.060
of the 1979 Kenai Code are hereby replaced by the enclosed
pages 4-1 through and including 4-5.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this i9th
day of December, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Janet Whelan, City Clerk
First Reading: December 5, 1979
Second Reading: December 19, 1979
Effective Date: January 19, 1979
Title 4
UNIFORM BUILDING CODE
Chapters:
4.05
'4.10
4.15
4.20
4.25
Uniform Building Code
Uniform Code for Abatement of
4.30
4.35
4.40
Dangerous Buildings Adopted
Uniform Sign Co~e Adopted
Uniform Mechanical Code Adopted
Uniform Plumbinq Code Adopted
National Electrical Code Adopted
Trailer Placement; Definitions
Board'of. Appeals
4.05.010 UNIFORM BUILDING CODE: There is hereby
adopted for the purpose of establishing rules and regu-
lations for the construction, alteration, removal, demo-
lition, equipment, use and occupancy, location and main-
tenance of buildings and structures, including permits and
penalties, that certain bound voltune known as the "Uniform
Building Code," 1979 Edition, of the International Confer-
ence of Building Officials, including the appendices, except
for such portions as are herein deleted, modified or amended,
and the same is hereby adopted and incorporated as fully as
if set out verbatim herein. (KC 4-1; Ords 97-66, 162-69,
269-75, 395-78, 542-79)
4.05.020 Building Official: The Building Official of
this City shall have the powers, duties and functions
prescribed for the "Building Official" by the Uniform
Building Code, adopted by Section 4.05.010 provided that the
said powers, duties and functions may be performed by
authorized representatives of the Building Official and
under his supervision and control.
The City Administrator shall be ex officio building
official unless he appoints another person to be Building
Official. The authorized representatives of the Building
Official referred to above, when and if appointed, shall be
appointed by the City Administrator. (KC 4-3; Ords 97-66,
162-69, 269-75, 395-78, 542-79)
4.05.030 Permit Fees: The first paragraph of Sec.
304(a) of the Building Code adopted by this chapter is
amended to read as follows:
"Sec. 304(a) Bui!~ing Permit Fees. A fee for each
building permit shall be Pai-d to the Building Official
as set forth in Table No. 3-A, except that fees shall
be charged for new construction of Group R-3 and Group
M-1 occupancies, or portions thereof as follows:
4-1
(1) Group R-3 $0.09 per square foot
of foundation area.
(2) Group M-1 $0.04 per square foot
of foundation area."
(KC 4-5; Ords 97-66, 162-69, 269-75, 395-78, 542-79)
4.05.040 Exit Facilities: Ords 395-78, Repealed 542-
79)
4.05.050 Snow Load: Sec. 2305(d) of the Building Code
adopted by this chapter is amended by deleting the last sen-
tence in paragraph 2 and substituting the following:
"The basic design snow load shall be 40 pounds per
square foot on the horizontal projection of the roof."
(Ords 97-66, 162-69, 269-75, 395-78, 542-79)
4.05.060 Wind Pressure: Sec. 2311(a) of the Building
Code adopted by this chapter is amended by deleting the
second sentence and substituting the following:
"Wind pressure shall be computed from Column 25 in
Table 23-F." (Ords 162-69, 269-75, 395-78, 542-79)
4.05.070 Foundation Ventilation:
269-75, 395-78, Repealed 542-79)
(Ords 97-66, 162-69,
4.05.080 Exits:
542-79)
(Ords 97-66, 269-75, 395h78, Repealed
4.05.090 Energy Conservation in New Building Construction:
Chapter 53 of the Building Code adopted by this chapter is
amended by adding sections 5302 and 5303 which shall read:
"Sec. 5302 Vapor Barrier: A vapor barrier of 4 mil
polyethylene or equal shall be applied to the warm side
of insulated areas."
"Sec. 5303 Alternate Standard: Complying with ASHRAE
standard 90-75 will be considered as complying with
this chapter." (Ord 542-79)
4.05.100 Special Hazards-Section 608: Section 608 of
the Uniform Building Code as adopted by this chapter is
amended by deleting the exception. (Ord 542-79)
4.05.110 Special Hazards-Section 708: Section 708 of
the Uniform Building Code as adopted by this chapter is
amended by deleting the exception and substituting the
following:
"Exception: Buildings not more than one story in
height of Group B Division 2 occupancy with an occupant
load of less than 30." (Ord 542-79)
4-2
4.05.130 ~pecial Hazards-Section 808: Section 808 of
the Uniform Building Code as adopted by this chapter is
amended by deleting the exception. (Ord 542-79)
4.05.130 Special. Hazards-Section 1008: Section 1008
of the Uniform Building Code as adopted by this chapter is
amended by deleting the exception. (Ord 542-79)
4.10.010 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS ADOPTED: There is hereby adopted for the purpose
of establishing rules and regulations for the abatement of
dilapidated, defective buildings which endanger life,
health, property and public safety, that certain code known
as the "Uniform Code for the Abatement of Dangerous Buildings,"
1979 Edition, of the International Conference of Building
Officials, except for such portions as are hereinafter
deleted, m6dified or amended, and the same is hereby adopted
and incorporated as fully as if set out verbatim herein.
(Ords 45-63, 269-75, 395-78, 542-79)
4.10.020 Building. Official: The Building Official of
this City shall have the powers, duties and functions pre-
scribed for the "Building Official" by the Uniform Code for
the Abatement of Dangerous Buildings, adopted by Section
4.10.010 provided that the said powers, duties and functions
may be performed by authorized representatives of the Building
Official and under his supervision and control. (0rds 269-
75, 395-78, 542-79)
4.15.010 UNIFORM SIGN CODE ADOPTED: There is hereby
adopted for the purpose of establishing rules and regulations
to promote the development of better sign construction and
to provide minimum standards to safeguard life, health,
property and public welfare, by regulating structural re-
quirements for all signs and sign structures located outside
of buildings, that certain code known as the "Uniform Sign
Code," 1979 Edition, of the International Conference of
Building Officials, except for such portions as are herein-
after deleted, modified or amended; and the same is hereby
adopted and incorporated as fully as if set out verbatim
herein. (Ords 269-75, 395-78, 542-79)
4.15.020 Building Official: The Building Official of
this City shall' have the powers, duties and functions prescribed
for the "Building Official" by the Uniform Sign Code
adopted by Section 4.15.010 provided that the powers,
duties and functions may be performed by authorized repre-
sentatives of the Building Official and under his supervi-
sion and control. (Ords 269-75, 395-78, 542-79)
4-3
4.15.030 Fees: Sec. 304 of the Sign Code adopted by
this chapter is amended to read as follows:
"Permit fees shall be computed according to the valuation
of construction and erection of each sign in accordance
with Table No. 3-A of the Uniform Building Code, adopted
by Chapter 5." (Ords 269-75, 395-78, 542-79)
4.20.010 UNIFORM MECHANICAL CODE ADOPTED: There is
hereby adopted for the purpose of establishing rules and
regulations for the installation and maintenance of heating,
ventilating, cooling and refrigeration systems, that certain
code known as the "Uniform Mechanical Code," 1979 edition,
of the International Conference of Building Officials,
including the appendices, except for such portions as are
hereafter deleted, modified or amended; and the same is
hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79)
4.20.020 Building Official: The Building Official of
this City shall have the powers, duties and functions
prescribed for the "Building Official" by the Uniform
Mechanical Code adopted by Section 4.20.010, provided that
the powers, duties and functions may be performed by author-
ized representatives of the Building Official and under his
supervision and control. (Ords 64-64, 269-75, 395-78, 542-
79)
4.20.030 Fees: Sec. 304 of the Mechanical Code adopted
by this chapter is amended to add the following:
"If a building permit is issued, these fees shall be
considered as paid as a part of such permit fee. If no
such building permit is issued, then the fee schedule
set forth herein shall apply." (Ords 64-64, 150-68,
269-75, 395-78, 542-79)
4.25.010 UNIFORM PLUMBING CODE ADOPTED: There is
hereby adopted for the purpose of establishi'ng rules and
regulations for the qualification of persons engaged in the
'bUsiness of plumbing and the installation, alteration or
repair of plumbing systems, that certain bound volume known
as the "Uniform Plumbing Code," 1979 Edition, of the Inter-
national Association of Plumbing and Mechanical Officials,
including the appendices, except for such portions as are
hereinafter deleted, modified or amended; and the same is
hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79)
4-4
4.25.020 Fees: Sec. 20.7 of the Plumbing Code adopted
by this chapter is amended to add the following:
"If a building permit is issued, these fees shall be
considered as paid as a part of such permit fee. If no
such building permit is issued, then the fee schedule
set forth herein shall apply." (Ords 64-64, 269-75~
395-78, 542-79)
4.25.030 'Minimum Standards: Sec. 201(c) of the
Plumbing Code adopted by this chapter is amended to add the
following:
"ABS and PVC pipe, commonly referred to as "plastic
pipe," shall be used only above the basement floor."
(Ords 64-64, 269-75, 395-78, 542-79)
4.25.040 Plumbing Material Standards: Table A of
Chapter 2 of the Plumbing Code, adopted by this chapter, is
amended by deleting therefrom the following:
"Homogenous bituminized fiber drain and sewer
pipe."
"Polyethylene building supply (water service
lines) (installation)." (Ords 64-64, 269-75, 395-
78, 542-79)
4.25.050 Sewer Required: Sec. 303(b) of the Plumbing
Code adopted by this chapter is amended by adding the
following:
"Besides meeting the requirements of this Code, such
private sewage disposal system shall comply with 18 AAC
72.020 and 18 AAC 72.100." (Ords 269-75, 395-78, 542-
79)
4.25.060 Vent Termination: (Ords 269-75, 395-78,
Repealed 542-79)
4.25.070 Protection of Piping Materials and Structures:
Sec. 315 of the Plumbing Code adopted by this chapter is
amended to add the following:
"(g) Water service pipe sha~l have the thaw wire con-
nected at the water main, and brought to the surface at
the curb stop or other convenient location. Such wire
shall not be smaller than 2/0 AWG." (Ords 269-75, 395-
78, 542-79)
4.25.080 Air Chambers:
~epealed 542-79)
(Ords 126-67, 269-75, 395-78,
4-5
4.30.010 NATIONAL ELECTRICAL CODE ADOPTED: There is
hereby adopted for the purpose of establishing standards
governing the installation of electrical conductors, fittings,
devices and fixtures, hereinafter referred to as "electrical
equipment," within or on public and private buildings and
premises, that certain code known as the "National Electri-
cal Code," 1978 edition, except for such portions as are'
hereinafter deleted, modified or amended; and the same is
hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 269-75, 395-78)
4.30.020 Wiring. Requirements: No electric wiring for
light, heat or power shall be installed hereafter in a
building or a structure, or on any premises, nor shall an
alteration or extension of an existing electric wiring
system be made, except in conformity with the provisions of
this chapter and the provisions of the National Electrical
Code.
All electric wiring and other electrical installations
shall be performed by experienced and capable electricians.
(Ords 269-75, 395-78)
4.30.030 Electrical Permit Required: No person, firm
or corporation shall commence the installation, alteration,
extension or repair of any electric wiring system, without
first obtaining a permit for the work from the Building
Official.
Applications for permits shall state the intent and
scope of the work to be performed, the type of building and
purpose for which it is to be used. (Ords 269-75, 395-78)
4.30.040 Inspections: The Building Official shall,
during the installation of an electric wiring system, make
the necessary inspections to assure compliance with this
chapter.
No work in connection with an electric wiring system
shall be covered or concealed until it has been inspected
and approved by the Building Official.
The Building Official may order work to be stopped at
any time, should it be determined that it is not being
carried out in accordance with the provisions of this
chapter or is a menance to the safety and welfare of the
public. It is unlawful for any person, firm or corporation
to proceed with such work after a stop-order has been
issued unless the restriction is lifted and authorization to
proceed has been given by the Building Official. (Ords 269-
75, 395-78)
4.30.050 Minimum Size of Conductors: The first sentence
of Sec. 310-5 of the"Electrical Code adopted by this chapter
is amended to read as follows:
4-6
"Whether solid or stranded, conductors shall not be
smaller than No. 12 copper or No. 6 aluminum or copper-
clad aluminum." (Ords 269-75, 395-78)
4.30.060 Fees: Permit fees shall be considered paid
as part of the building permit fee. If no such building
permit is issued, then the fees shall be computed according
to Table No. 3-A of the Uniform Building Code adopted by
Chapter 5. (Ords 269-75, 395-78)
4.35.010 TRAILER PLACEMENT; DEFINITIONS: For the
purpose of Chapter 35, the term "trailer" shall mean the
same as "mobile home."
The term "lean-to" shall mean an accessory structure
attached and appurtenant to a trailer. (Ords 97-66, 269-75,
395-78)
4.35.020 Standards: Trailers placed or "set-up" for
occupancy within the City of Kenai shall conform to the
following:
1. Those standards prescribed by A.S. 45.30.
2. The foundation area upon which the trailer is
placed shall be excavated to non-frost susceptible material
or 42 inches from the adjacent surface, whichever is the
lesser depth. Such excavation shall be backfilled with non-
frost susceptible material to the same or higher elevation
as the surrounding terrain.
3. Trailers shall be placed upon substantial blocking.
"Substantial" in this context shall mean adequate to support
the trailer and its contents and sustain the shocks or
vibrations of occupancy in such fashion as to permit all
doors or exits from the trailer to operate in accordance
with their design.
4. The determination of adequate conformance to the
standards specified herein shall be made by the Building
Inspector. (Ords 45-63, 269-75, 395-78)
4.35.030 Lean-Tos: Structures designed as lean-tos
shall conform to all applicable codes as adopted by the City
of Kenai, except that lean-tos may be set on foundations as
specified in Section 4.35.020 for trailer foundations.
If any lean-to covers both exits from a trailer, then
the lean-to shall have 2 exits remote from each other.
(Ords 45-63, 269-75, 395-78)
4.35.040 Building Permits Applicable to Trailers and
Leans-Tos: 1. A building permit shall be obtained before
trailer placement and before starting construction of a
lean-to.
2. The fees for a building permit for a trailer shall
be computed at the rate of 4 cents per square foot.
4-7
3. The fees for a building permit for a lean-to shall
be computed at the rate of 4 cents per square foot.
4. If work on placement of a trailer or construction
of a lean-to commenced before obtaining a building permit,
the fees specified herein shall be doubled. The penalty fee
shall not relieve the owner from complying with any other
requirements of this chapter. (Ords 45-63, 269-75, 395-78)
4.35.050 Application of Trailer Regulations: The
provisions of this chapter shall apply to trailers set up on
individual lots and to trailers moved from one location to
another within the City. Any improvements to existing
trailers or lean-tos shall comply with this chapter. (Ords
45-63, 269-75, 395-78)
4.40.010 BOARD OF APPEALS: The City Council shall sit
as a Board of Appeals in order to provide for final inter-
pretation of the provisions of this title and to hear appeals
provided for hereunder. The Board may adopt reasonable
rules and regulations for conducting its business and shall
render all decisions and findings in writing to the appellant
with a copy to the Building Official. (Ords 269-75, 395-78}
4.40.020 Penalty: Any person, firm or corporation
violating any of the provisions of this chapter shall be
guilty of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day
or portion thereof d~ring which any violation of any of the
provisions of this chapter is committed, continued or permitted;
and upon conviction of any such violation, such person shall
be subject to punishment by a fine of not more than $100.
(Ords 269-75, 395-78)
4.40.030 Conflicting Provisions: If any provisions of
the Uniform Codes hereby adopted by reference conflict with
any other provisions not so adopted contained in this title,
then those provisions not so adopted by reference will
prevail. (Ords 269-75, 395-78)
4-8
CITY OF KENAI
ADVISORY PLANNING AND ZONING COM~HSSION
RESOLUTION NO. PZ-54
WHEREAS, a Comprehensive Plan has been prepared for the City
of Kenai by the firm of R. O. Thorpe and Associates, and
IfliEREAS, the Advisory Commission has reviewed interim technical
reports dealing with the subject matter of the Comprehensive
Plan over the last ten months, and
I~HERE~S, an attitude survey, workshop sessions, open houses,
special presentations to the Chamber of Commerce and the Parks
and Recreation Commission, and regular Planning Commission meetings
have been held to gain public participation in the plan, and
WHEREAS, a joint Kenai City Council and Kenai Advisory Planning
and Zoning Conuuission Public Hearing was held on October 17, 1979
to obtain public participation on the Draft Plan, and
WHEREAS, additional public input was obtained at the regular
Advisory Commission meeting on October 24, 1979, and
lfl-IEREAS, an additional public hearing was' held November 14, 1979
to obtain further public comments, and
tfltEREAS, all public testimony has been considered.
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. The Draft Kenai Comprehensive Plan dated ~eptember, 1979
be modified by the attached list of Amendments and Corrections;
Section 2. The Plan as so modified is hereby approved by the
~dvisory Commission and is recommended to the Council as a
Revision to the existing adopted Kenai Comprehensive Plan included
in the documents "Comprehensive Planning Program, Kenai Peninsula
Borough, Recommendations," and "Kenai Peninsula Borough, Comprehensive
Plan, Goals and Objectives 1973-1974" as adopted by the Borough
Assembly on December 17, 1974.
ADOPTED THIS /~ DAY OF~F~C, 1979.
ATTEST:
S~r-etary to {h~Commission
· \ Chai'r'man ~
CITY OF KENAI
RESOLUTION NO. 79-161
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
APPROVING AND ADOPTING THE CONPREHENSIVE PLAN FOR THE
CITY OF KENAI.
~HEREAS, a Comprehensive Plan has been prepared for the City
of Kenai by the fitnn of R. I~. Thorpe and Associates, and
~H£REAS, the Kenai Advisory Planning and Zoning Commission
has held numerous workshop sessions, open houses, public
meetings and public hearings and has obtained suggestions
and comments from the citizens o£ Kenai, and
I~HEREAS, the Kenai Advisory Planning and Zoning Commission
has passed a resolution reconunending approval of the draft
Comprehensive Plan with certain modifications.
NO~, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA THAT:
Section 1. The Draft Kenai Comprehensive Plan dated
September 1979 and modified by the attached list of
Amendments and Corrections, is hereby approved and
adopted as the Comprehensive Plan for the City of Kenai.
Section 2. This plan is hereby recommended to the Kenai
P~'ninsUla Borough for adoption as the official Borough
Comprehensive Plan within the boundaries of the~City
o£ Kenai.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th
day o£ December, 1979.
ATTEST:
VINCENT"O'REILLY, MAYOR
Janet Whelan, City Clerk
.. " CORRECTIONS AND ~JODIFICATIONS TO
TIIE DRAFT KENAI COMPREIIENSIVE PLAN
Page 2, figure 2; correct spelling of Skilak Lake on
Vicinity map,
Page 6; correct historical dat~ to reflect that Fat. h~,r
Egumen Nicholas arrived in 1846 and that worked for 21 years.
Page 7, 1st paragraph: restate last sentence to read "The
Russian Orthodox Church in Kenai is perhaps one of the most
'visible of the few reminants .... "
Page 8: correct to reflect completion of Seward-Anchorage
· Highway by 1952, the territory open to homesteading in
September 1947, the army station at Wildwood was first known
as "Seward Station" and that construction started in 1951,
that ownership was transferred to the Kenai Native Association
as part of the Alaska Native land claims settlement,~that the
,discovery of the Swanson River oil field was in
'-._.~- _:_:_~rycr~ted ~-y.~n.~_.1959~
Page 9, figure 4: No. 9 is the "Rely Assumption of the Virgin
Mary Russian Orthodox Church" and is q Registered Historical
Landmark, No. 12 is "Bluff View and Meeks Crossing", No. 15
is "Kenai Co.mmercial Company", No. 20 is "Kenai Community
Center", No. 14 on the map should be the east side of upland
and No. 22 should be located on the map on the east side of
Main at the Kenai Spur Highway.
Page 10: insert Attachment A (Economic Ilistory and Overview)
between paragraphs 1 an~ 2.
Page 10, figure 5: decimals in employment figures should be
shifted one digit to the.left. Table to be labelled Kraal-
Cook Inlet Census Division.
Page 11, figure 6: decimals should be placea one ~igit to
the left in employment figures. Table to be labelled Kenai-
Inlet Census Division.
e
Page 13, table 1: 1978 Borough population should be 25,335
and Kenai's percent of Borough popula:ion should be 17.3%.
10.
Page 13: Kenai's population at duly 1978 was enumerated
at 4,374 inhabitants.
11.
Page 13: provide graph depicting historical and projected
(base case and oil development scenar~io) populations for the
City.
12.
13.
Page 14, table 2: correct 1978 column and adjust 1979-1990
columns as required.
Page 16, table 4: provide totals for each column, and any
adjustments resulting from change in Table 2.
14.
15.
16.
17.
Page 18, Exi.--:ting Land Use Map: label as Figure 7 and add
missing data from work:Cheers to £ina] graphic (old town area.
Beaver Creek area, churches), provide symbol designations for
.major docks.
Mdps following Wage 22: label as Figures 9 and 10, substitute
revised land ownership map identifying airport lease lands
and public lands in thc Beaver Loop/Spur Highway area.
Page 25: insert Attachment B (Goals and Objections) following
1st paragraph.
Page 25: correct last paragraph tO reflect that an update
of the Kenai Comprehensive Plan was made by the Alaska State
· Housing Authority in the fall of 1970 and further modified
by the Goals and Objectives Report 1973-1974, and that both
of these were adopted by the Borough Assembly on December
17~ 1974.
18.
Page 27: Comprehensive Plan map: correct designation at the
Beaver Loop-Spur intersection to reflect General Conmlercial
and to eliminate the Conservation designation on the buildable
areas here, as shown on Figure 9 "Buildable Areas". Expand
the proposed park to the west to include the lands adjacent
to Beaver Creek.
19.
20.
21.
Page 29: middle of page: should read "proposed Land Use Plan".
Page 29: subparagraph 2 should read "will retain the ~quivalent
of their present zoning".
Page 30: insert Attachment C between the lqt and 2nd paragraphs
under Residential Uses.'
22.
Page 33, second paragraph, second line: reference~should be
to Table 8.
23.
Page 33, second paragraph, third line: refePence ~hould be
to Table 9.
24.
25.
Page 38, second line: should read "The westerly intersection
of Beaver Loop Road and the Kenai Spur ll'i~hway."
Page 39, subparagraphs 3: should read "Tile City Lands ,Manager
would be responsible .... etc."
26. Page 41: delete "convenience" from 1st line.
27.
Page 44: delete from first sentence "to connect with the
future extension of tile Airport Road."
28.
Page 44: correct sentenc(, midway through first par:~graph
eliminate rel'erenc~, to alterna!iw: plans, and tel)lace with
reference to "the plan.'
29.' Page 44: insert Attachment D (l:ishing/Port Rel:~ted Industry) and
Attachment E (other Land Uses) at end of industrial section.
30.
:31,
32.
33.
34.
35.
36.
37,
38.
39.
40.
41.
42.
43.
44.
45.
46.
Page 47, figure 15: lal)el graphic as "Concept.Plan".
Page 50: add Beaver l~op site as a possible fire station
site.
Page 55, table 10: correct East Kenai Park acreage to read
"80 acres", Birch Park to read "Spruce Park", D street Park
to read "4th Street Park" and facilities at Kenai Municipal
Park to reflect "2 little league fie]ds" rather than softball,
and no ice skating rink. Ch.l,l/e.,.,% ~l~ ],rca ~'~ ['e,~(:~~ C~:¢¢~ Po~'k.
Page 57: correct available Community Park acreage to read
"125.66 acres" and the Total Available Park acreage to read
"146.46 acres."
Page 58, figure 16: label graphic as "Concept Plan"
Page 60, figure 17: label graphic as "Concept Plan."
Page 62, figure 19: label graphic as "Typical Development"
Page 65, table 13: Kenai Municipal Park to include overnight
camping and youth ball field{ Birch Park to read "Spruce Street
Neighborhood Park", D Street to read "4th Street Neighborhood
Park" and eliminate ~oftball field and add children's play to
Page 66: eliminate reference to Borough in last paragraph.
Page 67 and top half of 69: delete to "Existing Conditions".
Page 70, Circulation Plan: add Toglak and N. Do~'ood as
collection Roads, delete Walker Lane connection to Beaver
Loop, d~lete minor arterial between Princess and a~rport
control tower, designate Wildwood, Redoubt and Forest as minor
arterials, label 4th Street, Inlet View, Walker Lane, Princess,
Rogers, Tinker Lane, Linwood and Strawberry. ·
Pag~ 69, last paragraph, last line: reference to Figure B
should be to Figure 21.
Page 72, last paragraph, eighth line:
D should .be to Figure 22.
reference to Figure
Page 79: delete 2nd seutence from 3rd paragraph.
Page 79, 2nd paragraph: restate second sentence as "tho most
important new addition to thc, circulation system is the re-
commended upgrading of First Street .... "
Pages 67.-90: change reference from Official Streets and
Ilighways Plan to Circulation Plan.
Page 85: "...developers would bo .on.co. uraged to ensure that
their project site is connected to an arterial .... "
47.
48.
49.
50.
51.
52.
53.
54.
Page 87, 1st paragraph: provide for Advisory Commission
review of new road alignments £rom Public Works Director.
Page 89, table 16: delete Walker Lane and Cannery Road,
No. 6 should read "Tinker Lane from Spur to Lawton", No. 11
should read "Rogers" instead of Princess, No. 18 should re-
flect this is a new ~igna] at Willow Street.
Page 89, last paragraph: should read a total cost of
"about $~3 million."
Page' 94: change "in the Borough" to "outside of the City"
in 1st paragraph.
Page 124: insert the following before Corps of Engineer
Permit Process: "In addition to the above agencies which
are keyed to the Corps of Engineers permit process, the
Kenai Harbor Commission has review, jurisdictxon over
the Kenai tidelands.'
Page 139: 1st paragraph, middle of fifth line, substitute
for remainder of paragraph:" ....of the Comprehensive Plan.
This zoning draft incorporates measures to implement many
of the concepts discussed in the plan, and to overcome the
deficiencies in the existing ordinance. Subdivision Design
standards have also been drafted, consistent with the proposed
zoning and with this Plan. Both of these drafts will, of course,
require detailed community review and public input prior to
finalization and adoption."
Page 140: delete 2nd sentence of Community Facilities and
Circulation Elements.
Page 140: replace Airport Advisory Planning CommiTtee with
the following: "Airport Lands and Tidelands. A more for-
malized and streamlined process is required to coordinate
the development, lease or sale of airport and riverfront
lands in the City. The agency or body with primary jUl'iS-
diction over the harbor and the airport (whether they are
separate Airport and Harbor Connnissions, or .a combiued
Ports Commission) will need to coordinate its development
plans and programs %¥ith tile overall Comprehensive Pla,l, and
with {he' 'Advisory Planning Commissiou. All matters dealing
· with tile exchange, sale or lease of airport or harbor lands
should fall unde~- tile .jurisdiction of the Airport/llarbor
Commission(s). The Advisory Planning Commission will be
responsible fei- site plan review and insuring that any
proposed development is in conformance %¥ith the overall
Plan, Z.oning and Subdivision Regulations. The review
process that is established should reflect tile different
focuses-of the conm]issions involved.
Page 143: 2nd paragraph:..."tile city land.n manager shall
schedule a ptlblic hearing b(-'for~-, tile Advi.~ory C6mmis.nJon'
or Airport or lhtrbot-Commission to present the merits of
the proposed transact/on .... "
56. Page 143: delete 3rd paragraph
57,
Page 146: subparagraph 8:" .... rural residential is
customarily rezoned .... "
58. Page 147: delete subparagraphes 12, 13 and 14.'
59. Page 149: delete 2nd and 3rd paragraphs and ali of pages
150 through 155.
60. Page 162: delete 2nd, 3rd and 4th paragraphs
61.
Page 164: table 22: delete Borough as a provider of road
services, show State/Federal as sources of revenue for
Roads and Trails; show .Borough as a provider of Zoning
service and as a source of revenue; include city as a
provider of subdivision service.
62.
Page 175: change Police to read: "The Kenai City Police
Department currently has 12 officers, 6 dispatchers and
5. Jailers. The Police/Fire Facility, built in 1972, is
adequate to serve the needs of the present and projected
population of the City to the year 1990."
GENERAL
a. All figures to be labeled appropriately, all misspellings
corrected.
b. Brid~e Crossing Road to be correctly labeled and strengthened
on all maps.
c. All references to "North Kenai" neighborhood should be
~hanged to "West Kenai".
ATTACItMENT A
Economic llistory ~,nd Overview
Historically, the economic viability of the Kenai-Cook Inlet region has been
based upon the commercial fishing and fish proces.~int; indt,$tries, and more re-
cently, tourism and recreational industries, as well as the gas and oil industry.
The commercial fishing industry and related activities date back to the late
1800's and remained the primary basic industry in the region until the mid-1950's.
The completion of the Sterling llighw y in 1952 opened the recreational assets of
the region to Anchorage area residents and the discovery of natural gas in the
Swanson River in 1957 launched Kenai as tile center of Ala=ka's oil and gas in-
dustry.
Commercial fishermen in Cook Inlet harvest salmon, king crab, tanner crab, dunge-
ness crab, halibut, shrimp and herring, all of which are sufficient to support a
large fishing fleet and fish and shellfish processing plants. Cook Inlet is
divided into two management areas: Upper and Lower Cook Inlet. lhe former is
about four times as productive as the latter and is characterized by set and
drift gill net salmon fishing which yields approximately 90% of the salmon catch
in that management area.
In 1976, fishing permits were issued to 309 Kenai residents and 142 Soldotna resi-
dents. However, a more accurate assessment of the economic value of the comer-
cial fishing industry in this area may be determined from a review of the capi-
tal investment in boat and gear that is required to participate in the various
fisheries. For example, salmon purse seining and other fisheries which neces-
sitate a large capital investment, yield the highest financial return, whereas,
the drift gill net fishery requires modest capital commitment and produces mod-
. est income. The former category is characterized by full-time local resident
fishermen and the latter attracts many part-time and non-resident ~ishermen.
Sport fishing, boating and other outdoor recreational activities in the western
Kenai peninsula attract thousands of visitors from the Anchorage area each sea-
son. Thus, as the general population in the Anchorage area increases, these com-
ponents of the area's economic base may be expected to increase at a commensurate
rate.
However, during the past 20 years, the stimulus for economic expansion has shifted
from the commercial fishing domain to the exploration and development of the oil
and gas resources, both upland and offshore, in the Cook Inlet Province.
~tts region hosts a mature otl and gas complex consi.~ting of a fnll range of oil
field service and supply industries; it is al.~o tile nexus of ptpeline.~ for col-
lection of crude el) and natural gas production and contains treatment facilities,
refineries, a petro-chemical plant, a liquid natural gas (LNG) plant and marine
facilities for the transfer of crude oil and LNg for support of offshore opera-
tions. Cumulative production of hydrocarhons tn Cook Inlet Basin was 755 million
barrels of oil through 1976, over 2 billion cubic fc~t 'of casinghead and dry gas .
and over 5 million barreln of natural gas liquids. Oil production pt.akt.d in 1970
and has continued to rise with a new peak tn 1976. Although the
yield of these resources in cou:;lderod to haw~ peaked, explorations of federal and
state lease lands i~ expected to generate addltlo'nal employment.
~e conPtructt~n of five major industrial plants and their various addition:;, h,
the Nit;isi area from 1963 to 1969 instigated for ltenai the cycle of boom growth
and difficult readjustment that has characterized the region' in the pa~t 15
yearn.
These plants include the $OCAL (now Chevron) oil refinery, the 9rift River crude
oil storage and loading facility, the Collier Carbon and Chemical Corporation
amon£a-urea plant, the Phillips }~rathon Ltlg plant and the Te$oro-Ala~ka re£in-
ery. Cumulatively, these five facilities generate over 500 direct, permanent,
non-seasonal manufacturing jobm in predominantly the ~ikiski area. D~le pri-
marily to the expansion and diversification of the petrochemical industrial
base in the ~ikiski industrial comples, the Kenai-Xikiski area contains approxi-
mately 65.8% of the region's additional employment since 1970. Further, as of
1978, oil and gas exploratto=, development and production activities generated
an additional 750-g00 Jobs in the region in the mining sector.
Moreover, two petrochemical projects have been proposed for the ~ikiskl area:
Pacific-Alaska LNG would construct a $830 million LNG plant to liquify natural
gas for shipment to California markets and Tesoro-Alaska Refinery would install
a hydracking unit at its refiner in 1980 or 1981 to broaden its product output.
These projects would involve a major construction program and a permanent addi-
tion to the ~iktski region's manufacturing employment base.
However, employment growth in these four fields has progressed at an uneven rate,
for ~ust as the fishing and tourism industries are subject to seasonal oscilla-
tions, construction of industrial facilities is subject to repeated boom-bust
cycles as a result of successive stages of economic growth.
Traditionally, the Keoai-Cook Inlet labor force is marked by an unemployment
rage approximately 50% higher than the statewide rate, which, in turn, is usually
one of the highest rates in the nation.
Further, the labor intensive character of construction projects for the key in-
dustrial facilities has made the Kenai-Nikiski area prone to exaggerated expansion-
contraction cycles and high rates of job turnover. Typically, ~onstruction pro-
jects generate a brief, furious boom in activity followed by a curtailment to a
new employment plateau which is well below the boom peak, level, but somewhat
higher than before the construction activity. The rapid growth of the region
has outpaced the rate of natural population increase; it may be inferred, then,
that the region's opportunities have attracted job seekers in excess of avail-
able employment opportunities.
ATTACHMENT B
GOALS AND OB.IECTIVES
' I I 'Iii"
24-I
r [ '1
PRIMARY GOAL
To create a living environment of the highest possible quality based upon the
city'm population growth potentials and consistent with the ecological, economic,
social and physical goals and charactertstices of the City of Kenat.
ORGANIZATIONAL GOAL
To employ government in a positive, creative, and responsive role by providing
for citizen participation in the planning process at all levels.
OBJECTIVES:
To actively and aggressively implement a public communications
program as a functional part of government on an ongoing basis
to better serve the public needs.
To apply government solutions with restraint, recognizing that
minimum government or involvement often is the best government.
c. To avoid duplicating services in government.
d. The Planning Advisory Commission shall hold at least one annual
public hearing to review the comprehensive plan.
e. The City of Kenai be positive, innovative and responsive in
providing service at the least cost.
f. Encourage citizen participation in formulating programs. ~
g. To provide an organizational structure that will assist in
delivering governmental services in outlying area~.
SOCIA~GO~
To create and maintain conditions in which all residents have an equitable
opportunity to share in emplo)vaent, education, healtl,, housing and recreation
as well as in {he'responsibilities of service to'the community.
OBJECTIVES:
ae
Provide referral information relative to the basic human needs of
food, clothing, housing and health care.
b. To encourage policies and programs to prevent crime.
c. To encourage co~unity dew~lepment that pr'ovi'des a mix of l~m,seholds
of varied ages, incomes and backgrounds.
24-2
To provide re$ideut$ with equal opportunities to achieve an
adequ-~te standard of living.
To expand and diversify opportunities for residents to develop
a sense of community.
Coordinate human and social services provided by various agencies
to achieve maximum effectiveness.
TRANSPORTATION GOAL
Provide an efficient transportation infrastructure which affords a high level
of mobility for area residents and provides a good accessibility to principal
activity centers within the community; which guides and enhances orderly
growth and development with the City; enhances the variety of transportation
modes available for local travel and reduces dependency on single occupant
vehicles; enhances the range of transportation modes available for regional
travel to and from the City of Kenai and improves regional travel facilities
snch as the airport and marine port facilities; and provides adequate levels
of service for both local and through travel in all modes of travel in the
City of Kenai.
OBJECTIVES:
Relating to these general transportation goals are a number of specific objec-
tives for enhancement Of the transportation system within the City of Kenai.
The principal Lransportation objectives are:
Develop an integrated system of well-defined streets, arterials
and regional access highways.
b. Provide an efficient transportation system which reflects and
enhances the adopted land development policies embodied in the
Comprehensive Plan. -
c. Reduce transportation/land use conflicts through proper design
of roadways and control of access along arterial streets.
d. Reduce dependency on the automobile by encouraging high-density
residential areas near commercial uses and major emplo)~ent
centers.
e. EncoUrage policies and programs directed to the development of a
comprehensive trail system 1ntegrated with parks, open space and
other modes of transportation.
f. Encourage the design of transportation facilities compatible with
the natural features of the land and responsive to traffic needs.
Improve the safety and capacity of the existing street and high-
way system in areas ,low developed, whtle mi. ni,.nizing the use of
additional land.
Provide a systematic extension of the present street system to
serve developing areas.
24-3
Encourage development of intrastate and marine tran:rportation modes
to serve the people of Kenai.
Continue to maintain and improve the Kenni airport facilities and
seek more frequent passenger and air cargo service by interstate
air centers. Respond to the space needs and ground services
required by the fish transit and processing industry and other
airport related industries.
Improve the Kenai River harbor facilities including the development
of a s~all boat harbor, improved commercial docking facilities and
medium draft capacity for port facilities, and waterfront industrial
facilities.
LAI~D USE GOAL
To develop an enforceable land use plan for the community, determined by economic
and social requirements of the community and consistent with the natural character-
istics of the area.
1. RESIDENTIAL OBJECTIVES:
a. Adopt and implement policies and programs which aid in reducing
land use conflicts and nonconfor~uities within the community.
b. Enhance the' residential community by incorporating natural open
space, vegetation and trail systems, interconnected throughout
the residential neighborhood.
Future land development should incorporate and protect natural
land forms, vegetation and ~cenic vistas.
de
The City and Borough should encourage a range in choices of housing
within neighborhoods. ~
hq~ere deficiencies exist in developed nefghborhooqs, the Municipal-
ity should insure that public facilities and open space are provided
to enhance the continued lfvability of the neighborhood.
Established residentially zoned neighborhoods should be protected
from the intrusion of incompatible land uses and their effects
(nois. e~. glare, dust).
Residentially Zoned land siloutd be brot,ght fqto balance with housing
needs.
he
Higher residential development densities should be permitted and
encouraged in those areas where amenities can be provided, where
the land is suited to such development, ::here access may be provided
withot, t constituting a hazard or overloading of residential streets,
and wi;ere tile development can be designed .to minimize conflicts with
other uses.
2. INDUSTRIAL OBJECTIVES:
To concentrate industrial activity in areas especially suited for
intensive development.
24 -4
Industrial areas should have the following e×i:;ting .or planned.
characteristics.
A range of utilities and business services appropriate
for the industry.
Adequate and efficient access to major transportation
systems without reliance on residential streets.
The existence of major natural or nan-made barriers or
buffers that separate industrial areas and their effects
from other existing or anticipated noncompatible land use.
Supporting business services which complement industrial
use should be encouraged.
Resource extraction areas should not necessarily be classified
industrial; this use should be treated as a temporary special
exception with conditional use permits.
3. C~LMERCIAL OBJECTIVES:
.D
ee
a. Commercial development should be concentrated at strategic locations,
rather than allowed to expand along major arterials.
b. Promote the' development of Kenai Central Business District·
c. In locating commercial uses, criteria should be considered such
as accessibility, existing or planned utilities and facilities,
suitability of terrain and environment, and the location of existing
or proposed compatible or complementary uses.
d. }LaJor commercial developments should be planned to encourage and
permit the greatest level of accessibility for a variety~f trans-
portation modes, including pedestrian movement to and within such
development·
Neighborhood centers should be established with convenience shops
trading in those goods and services required on a day-to-day basis
by the population of the immediate area.
f. Com~.ercial areas should have the following existing or planned
characteristics:
· A range of utilities and business services appropriate
for the category of development.
· Adequate and efficient access to nh~jor transportation
.systems without reliance on residential streets.
· Adequate off-street parking.
. The existence of nm jot natural or man-made barriers that
separate con~ercial areas and their effects from other
existing or anticipated noncompat~blt, land use.
.D
24-5
Supporting business services, which complement .commercial.
use should be encouraged.
ge
Commercial planned unit developments shll be encouraged in all
categories which provide for a mfzture of uses, and shall be
required in the case of major developments.
NATURAL AND ~Li.N-MADE ItAZARDS:
a. To protect the public from natural and man-made hazards and nuisances
by:
Regulating development of those lands which, if improperly
developed, would be hazardous to the health, safety or
property of individuals in the community.
Hinimizing potential hazards from development on unstable
soils.
To minimize the possibility of structural damage or failure and
excessive public installation and maintenance costs resulting
from building on unstable soils, the City should insure that
development will avoid such areas unless adequately designed and
engineered.
Provide for proper storr~.~ater drainage and detention where
appropriate to mitigate impacts of peak storms and spring run-off.
Developers should be encouraged to utilize marginal lands by
incorporating them in their development plans as open space and
less intensively used areas.
5. COI~FJNITY UTILITIES:
a. Utility installation should be coordinated to achieve savings and
prevent conflicting utility placement.
b. The priorities for the scheduling, design, and installation of
· public utilities should be in accordance with the comprehensive
development plan and capital improvements program.
Ce
Where development is proposed in areas beyond the planned extensions
of public services, the City shall carefully relate the uses and
densities to site characteristics in qrder to preclude future water
pollution, inaccessibility or emergency services problems.
de
bltnimize extension of utilities through areas which are to be
preserved for recreation or are defined as wetlands, steep slopes,
floodplains or hazardous lands.
Municipal utility systems should be extended only to those areas
where it is economical to provide both se~:cr 'and water and where
residential den~ttles including and greater tltau 1-5 units per
acre can be reasonably anticipated and accommodated within an
entire planning ~ommunity.
24-6
Where the economic extonsfon of both sewer and water utilities'
is feasible and where natural site liniitations exist relating to
soils, topography and ;later, on-site systems and land development
practices should be related to the general capacity of the area
to accommodate such systems.
Where on-site utility systems are required and where natural site
limitations exist, community utility systems and clustering of
dwelling units may be required.
he
New methods of treating and disposing of on-site sewage should be
actively sought. When perfected, these new systems should be
required by the City where public sewers are not available.
When utilities are installed, they should be designed with capacity
to meet planned land use intensity.
Conservation of energy should be encouraged by the public utilities
through a rate structure which rewards conservation.
6. COASTAL ZONE M/hWAG~[ENT:
ae
To develop a plan for the orderly regulation and development of the
coastal zone within the City, while recognizing that all of Cook
Inlet is an integrated unit and part of the entire coastal resources
of the State.
be
To adopt and implement policies and programs which will protect and
enhance the unique natural features of the coastal zone.
Ce
To cooperate with the State and Borough governments in formulating
policies for the entire coastal zone of the State.
HOUSINg COAL
To encourage access to safe, decent, affordable housing, providing a socially and
structurally sound housing resource.
OBJECTIVE~
guidelines should be established which would allow smaller
plan~ed, unit developments and snbdivisions to be processed
solely by administrative review.
be
Zoning, subdivision and building requirements sho, ld be
reviewed to determine if changes in those requirements could
be m~do which would lower housing cos.ts, while maintaining
housing quality.
.O
Zoning incentives, such as permitting density increases,
shoulfl be created to encouCage an increast: ~n the quantity
of housing, particularly for modes incomc: groups, as well
as an improvement in the quality of housing.
24-7
.D
de
}lousing code enforcement of public buildings (t-ldex or larger)
should be upgraded and systematized with a view to maintenance
of the exi:;ting housing .stock.
ENVIRO~IENTAL GOAL
To insure that the natural environment is enhanced, maintained, and protected
by establishing high quality standards for the protection of soil, vegetation,
air, water~ sound and sight with appropriate surveillance and enforcement of
these standards.
OBJECTIVES:
Encourage activities that preserve existing and promote more
vegetation in the urban area.
Establish criteria for controlling unacceptable noise levels
and establish programs to implement and enforce these criteria.
Establish standards for water quality ~ith appropriate surveil-
lance and enforcement to insure that there will be no significant
deteriorat(on below current levels and so that there will be
improvements in quality.
Establish policies to protect water recharge, watershed and
floodplain areas.
Conduct environmentdl education to enhance understanding of the
inseparable relationship between human well-being and environ-
mental quality.
f. The impact of development proposals on wildlife l~bttat areas
should be evaluated.
g. High-quality wetlands and marshes should be identified so that
they might be protected and preserved as open space.
CENTRAL BUSINESS DISTRICT GOAL
To promote a people-oriented central business district as the focal point of
Kenai with a full-range of urban uses, activities, and shopping opportunities.
OBJECTIVES:
Promote a mixture of financial, retail, cultural, recreational,
government and office orientt, d development' in the CBD.
Encourage the pret;ervatfon of historical resources in the
original townsite area.
Develop the central l,u:~fness di,~trict to a hum;m scale, keeping
in ~llnd the relationship betweeu qpeu sp;lce, structures and
pedestrian movemt'nt, safeLy ail,[ comfort.
Provide a balauce of parking facilities within, adjacent to and
snrroundtng the CBD.
2/, -8
e. Develop better acces.~ to and around the Cl;D.
RECREATIONAL GOAL
To provide a vide range o~ cultural and recreational opportunities to all
segments of the community.
OBJECTIVES:
In providing for park and recreation needs within individual
communities, a balance between development and acquisition will
be emphasized, except that where minimum standards of park and
acquisition have not been met, special emphasis will be placed
on acquisition.
Expand parks system to provide for balance between neighborhood,
major sports facilities, passive recreation and tourist needs.
c. Provide for usable publicly o~med open space.
de
To promote use of geological hazard areas and marginal lands
for parks, recreation and open space.
To encourage the implementation of active recreation and
cultural programs within publicly owned lands and facilities.
Establish greenbelts, along the major streams in the City,
however~ the City will not embark on a course of obtaining
title or-allo~ing unrestricted access to all such water~ays.
Park, recreation and com~unity facilities should be combined
with school sites, where feasible, in order to best serve
residents of the area and reduce costs.
EDUCATIONAL GOAL
To provide a full choice of edueational opportunities to ali segments of the
community, utilizing all community facilities and programs to maximum vantage.
OBJECTIVES:
To meet the educational needs of children, alternative school,
special education and other innovative programs shall be
encouraged.
To eneonrage full-time recreational and educational programs
using present school facilities and corot,unity buildings.
c. To m~et the educational needs of adults.
de
To tusure that adequate land he made available for educational
facilities through advanced site acquisition.
ECONOMIC GOAl,
To encourage a broadly based economy focused on clean industry, which provides
...... · 'lll'l' [II -
24-9
opportunities for employment and economic growth while accounting for the full
cost of development.
OBJECTIVES:
a. Work to increase emplo}~ent opportunities.
Develop indices to measure economic, social and environmental
cost of growth and najor developments, including social and
environmental programs; keep them current and well publicized,
and insure that t~ey be considered in every decision.
Periodically examine taxation and assessment policies to insure
that they complement municipal goals and objectives.
ATTACIIMENT C
Housing development within the different density areas would reflect,
to a large degree, the existing trends in different parts of the City.
ltigh density areas would reflect intensive multiple-family and
house development. Medium density areas would reflect a predominant
pattern of single-family development with some degree of two-family
and multiple family development. The Iow density areas would reflect
a predominant single-family pattern. These predomlnant 'patters would
not necessarily be exclusive, however, especially in the case of
multiple-family development in the medium and Iow density areas.
Since a goal of the plan is to encourage a range of choice of housing
within neighborhoods, multiple-family dwellings (and to a certain
extent, mobile homes) should be permitted within all density areas
of the City. The principal concerns will be the overall density of
the area as established in the plan, and the comparability of different
housing forms to each other, and how this comparability can be insured.
To this extent, provisions should be made in the zoning ordinance to
permit multiples as a part of a Planned Unit Development in normally
single-family areas, subject to site and density controls that will
protect adjacent residential development and lands.
ATTACItMENT D
Fishtn~/ffort Related Indu~tr~
The fishing and port industrial activities ~ithin the City of Kenat have been
historically i~portant to the s~ability of Kenai's fluctuating economy. As indi-
cated in the introduction to the economic section, the fishing industry has and
will continue to flourish and provide a steady base of employment for the future.
In other sections Of the Draft Comprehensive Plan the ecological importance of
the Kenai River drainage basin and its associate wetlands has been considered.
The econoatc importance of the Kenai River and Cool; Inlet to the City of ~enai is
equally important. Although it is not ~irhin the scope of the planning study to
devel6p a detailed analysis of wa~er related and industrial facilities, it is
portent to consider present projeeted needs in vie~ o~ potential land use require-
ments. The Port and Harbor Development and Feasibility Project now being under-
taken by the Borough should provide sene important background data and alterna-
tives for the City to consider for the potential deveIop~en~ of smll or general
cargo port facilities within the City. This study has taken into consideration
.the regional context of major port and fishing industries and ~ill present a ~ore
complete analysis of the regional market and defend for both small boat and gen-
eral cargo port and harbor facilities. $o=e basic findings follow ~hich should
assist in considering the potential land use considerations for facilities within
the City of Kenai.
1. The City of Kenaf now has sufficient industrial zoned land to acco~nodate
projected future growth.
e
$later dependent industrial land uses should be given priority for industrial
zoned land ~ith rater frontage.on the Kenai River.
Associated industrial activities which support water oriented industrial land
uses should be given second priority for locations along the F~nat River.
Industrial zoned land now located ~est of the Beaverloop Road should be lim-
ited to industrial uses that are dependent upon waterfrgnt locations.
Industrial land uses within the Office I.~nufacturtng Park (OHP) designation
should recognize the need and accommodate cargo transfer and loading facili-
ties realted to the fishing and port industries.
The transportation system between the O:.IP/Alrport area and the industrial
land along the Kenai River should be given priority consideration and if
necessary, reflected 'in ihe capital iaprovem~mts program. The development
of a rail connection is not recon~ended in the short range.
Tile city views devolopmo, nt of a small boat harbor as an essential
element in organizing the river front ilI*t,il for contimlod gl'owth
in the fishing, processing and industrially related indust~'ic-s.
ATI'AC! LHI~'.;I'
Other Land Uses
Resource Ex£raetion
Ihe previous discussion of the Conservancy designation included commento in re-
gards to accommodating the needs for resource extraction ~'ithin the Comprehensive
Plan. It is proposed that both gravel er. traction and petroleum product extrac-
tion be acconmodared as conditional u~es within the Conservancy designation or
the low-dermfty residential designation in the Conprehensive Pla'n. 2hose indus-
trial act£vit£es are relatively short-term uses on any specific site and land
reclamation ts feasible. ~he conditional use pemait process would be provided
for within the zoning code and applfcat£on for such would be made to the Planning
Corm£$~ioa and City Council. Both of these £nd~strlaI activities are regulated
by Federal and State standards and local consideration should expand its concerns
to include ho~ the specific project ~ti1 relate to surrounding land use and con-
sideration of post development land reclar~tion and potential future uses of dis-
turbed land.
Private Recreation Use/The Kenai River
A look at the Snventor7 of the park and recreational f~-cilities along the Kenai
River reveals the tremendous need for public access to the Kenat River. AC the
present time, there are fe~4 points of direct access to the Kenaf River for sports
fishing a. ctivigies during the stur~er months. In order to acco.~zn...odate the private
recreational development of lands adjacen~ to the Kenai River, the consultants
suggest that private recreational development be considered as a conditional use
on land fmzaediately adjacent to tho ][enai P. iver. %'ne conditional use permi~
process ~ould be handled under the zoning code with application mmde to the Plan-
ing Commission and City Council. As with resource extraction activities, the
Planning Con%mission and City Council shouh_d be concerned with the specific site
planning of a private recreational development as it relates to s~rrounding land
uses a~d the Kenai River. Consideration should al~ays be given to the mainten-
ance of the ecology of the Kenaf River.
13111
CITY OF KENAI
RESOLUTION NO. 79-162
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AWARDING BIDS FOR THE PURCHASE OF VEHICLES TO HUTCHINGS
CHEVROLET.
WHEREAS, the City of Kenai solicited bid proposals for
the purchase of two 1980 Police vehicles and one 1980
Jail vehicle, and
WHEREAS, the following bids were received:
Bidder Vehicle Bid
(1) Sedan (Jail):
Hutchings Chev. Impala
Peninsula Ford LTD
Car Co. Impala
(2) Station Wagon (Police):
Hutchings Chev.
Peninsula Ford
(3) Sedan (Police):
$6,850.60
6,986.96
7,750.00
Impala $8,434.00
LTD 7,63~.69
Hutchings Chev. Impala $8,013.00
Peninsula Ford LTD ~ 7,638.69
Car Co. Impala 8,190.37
WHEREAS, HUTCHINGS CHEVROLET is low bidder on Vehicle #1 above,
and
WHEREAS, PENINSULA FORD'S bids for Vehicles %2 and #3 above
contain significant exceptions to the bid specifications, and
Hutchings Chevrolet is the next lowest bidder.
NOW, TIIEREFORE, BE. IT RESOLVED BY THE COUNCIL OF TIIE CITY OF
KENAI, ALASKA that the following bids be awarded for the purchase
of vehicles:
Resolution 79-162, Page 2
BIDDER VEHICLE BI~
Hutchings Chev.
Hutchings Chev.
Hutchings Chev.
Impala Sedan (Jail) $6,850.60
Impala Wagon. (Police) 8,434.00
Impala Sedan (Police) 8,013.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th
day of December, 1979.
ATTEST:
Janet Whelan, city Clerk
Approved by Finance:~__~
VINCENT O'REILLY, MAYOR
TO;
F RO,~!:
SUBJECT:
DATE:
CITY CLERK .JANET I~'HELAN
CHIEF OF POLICE RICHARD ROSS
POLICE CARS AND JAIL CAR BID
November 29, 1979
After review of the bids submitted and consulation with the
mechanic foreman the Kenai Police Department ~akes the following
recommendations:
I. Standard 4 door passenger sedan for jail:
Bidder Vehicle Bid
Hutchings Chnvrolet 1980 Impala $6,850.60
Peninsula Ford 1980 Ford LTD 6,986.96
Car Company 1980 Impala 7,750.00
Recommendation:
Award of bid go to Hutehings Chevrolet.
Low
Just i ficat ion:
Low bid with no exceptions to specifications.
Police Package 4 door Station l~agon ~
.B~gder Vehicle Bid
Peninsula Ford 1980 Ford KI'D $7,638.69
Hutchings Chevrolet 1980 Chev. Impala 8,434.00
Car Company No Bid
Low
Recommendation:
Award of bid go to ltutchings Chevrolet.
Justification:
Peninsula Ford was Iow bidder. However, in their bids they made
fifteen (15} exceptions to bid specifications. The exceptions to
specifications are as follows:
I. No heavy duty brakes on front.
2. No guages (temperature, oit, etc.).
3. No heavy duty floor mats.
4. No rear stabilizer bars.
5. No heavy duty front seat.
6. No high output (I00 amp) alternator.
7. No roof reinforcement.
8. lqo heavy duty inside heater.
9. Dual exhaust not available.
10. Rear deck release not at';lilahle.
11. St,bstitute of t~eo (2} barrel carburator for four f4) barrel.
12. I~o heavy duty radiator.
13. No auxiliary transmission oil cooler.
14. Pot~er steering is standard.
15. I~o fast idle control.
lqith these exceptions to bid specifications, many of ~hich are essential to
proper functioning and longer life of a patrol vehicle, the Iow bid as
submitted by Peninsula should not be accepted.
Police Package 4 door sedan
Bidder Vehicle Bid
Peninsula Ford 1980 Ford LTD $7,638.69
Hutchings Chew~let 1980 Chevrolet Impala 8,013.00
Car Company 1980 Chevrolet Impala 8,190.37
Recommendation:
Award of bid to Hutchings Chevrolet.
Justification:
Peninsula Ford, the Io~ bidder, took six (6) exceptions to bid.
to bid were as follo~s:
1. go added roof re-inforcement.
2. No guages (oil, water, temperature}.
$. Single exhaust substituted for dual exhaust.
4. Two (2} barrel carburator substituted for four (4) barrel.
5. ~o manual fast idle control.
6. ~o heavy duty heater.
Exceptions
CITY OF KENAI
RESOLUTION NO. 79-163
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING THE FOLLOWING MONIES IN THE 1979-80 GENERAL
FUND BUDGET:
From ~
Police-Operating Supplies ($300)
To:
Police-Machinery & Equipment $300
This transfer provides additional monies in order to award
the bid for the purchase of two new police vehicles.
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
Approved by Finance~ ~.z~.~
CITY OF KENAI
RESOLUTION NO. 79-164
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING MONIES IN THE 1979-80 GENERAL FUND AND WATER
AND SEWER FUND BUDGETS:
General Fund
From:
Contingency ($2,050)
To:
Legislative-Communications $ 250
City Clerk " 350
Finance " 200
Dept. of Revenue" 500
Fire " 150
Public Works Admin." 600
$2,050
Water and Sewer Fund
From:
Sewer Treatment Plant-Contingency
($ 250)
$ 250 -
To:
Sewer Treatment Plant-Communications
This transfer is needed to replenish Communications accounts
due to (1) increased number of long-distance telephone
calls, and (2) the installation of a telephone extension
at the Sewer Treatment Plant.
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
Approved by Finance: ~.%'
CITY OF KENAI
RESOLUTION NO. 79-165
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONEY BE MADE IN THE 1979-80
GENERAL FUND BUDGET:
From:
Harbor Commission - Overtime ($200)
To:
Harbor Commission-Office Supplies $200
This transfer is needed to purchase recording tapes and other
office supplies for use at the Harbor Commission meetings.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th
day of December,. 1979.
ATTEST~
Janet Whelan, City Clerk
Approved by Finance:
VINCENT O'REILLY MAYOR
CITY OF KENAI
RESOLUTION NO. 79-166
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 ($1,500)
To=
Legal-Transportation $1,500
Th£s transfer provides monies for transportation expenses for the
City Attorney to travel to Juneau to attend Alaska Municipal
League Legislative C~$ttee meetings.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day
of December, 1979.
VINCENT O~REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
Apprgved by Finance~ C~
CITY OF KENAi
P. O. SOX SI0 KENAI, ALASKA 99&11
TlaEPHONE 283 - 7S~S
MEMO
TO:
FROM:
DATE:
RE:
HONORABLEMAYORAND CITY COUNCIL
BEN T. DELAHAY, CITY ATTORNEY
NOVEMBER 30, 1979
WINCE, CORTHELL, BRYSON & FREAS
PROPOSAL FOR ENGINEERING SERVICES
FOR IMPROVEMENTS TO SOUTH KENAI
SPUR FRONTAGE ROAD
Dear Mayor and Councilmembers:
I have reviewed the proposal for engineering services for
improvements to South Kenai Spur Frontage Road and have
several questions which should be asked the engineer before
action on the proposal and a couple of recommendations for
the Council.
1. Does the proposal include (within the work to be
provided for a maximum cost of $18,000) assistance with.
preparation of contract and bid documents and advertising
for bids?
2. The preliminary cost estimate includes an amount
for contract administration of $28,000--is this estimated on
the basis of engineer's standard rates and charges, and if
so, is it based on .Engineer I, II, or III and under Schedule
A or Schedule B?
3. Under the Schedule of Rates & Charges, there is no
hourly rate for project inspection--does the engineer
consider this a part of contract administration or would
this be an additional service?
4. If the project inspection would be an additional
service, what would be the hourly rate of charge for that
service?
I would recommend that if this proposal meets the approval
of the Council, it be accepted sub~ect to engineer acceptance
of contract forms approved by the City Attorney.
MEMO
November 30, 1979
Page 2
I would also strongly recommend in this contract, and all
future architectural or engineering contracts that the
professional responsible for the design be made responsible
for project inspection to insure that the construction is in
accordance with the design. This places complete respon-
sibility on the professional to see that his designs are
carried out, and if there is any fault or breakdown in the
final completed product, would place responsibility on the
professional--I believe this enhances the probability of
selection of highly-competent inspection personal and sharp
overseeing of construction in order to insure that the
designer's plans are properly carried out. This greatly
simplifies the obtaining of judgment for damages by the City
if the project does not stand up.
Sincerely,
Ben T. Delahay
City Attorney
BTD/md
CDRISLILTING ENGINEERS
~lovember 15, 1977
City of Eenai
P.O. Box 580
Kenai, Alaska
996L1.
Attention: Eeith Kornelis
Subject:
Proposal for Engineering Services
Improvements to South Kenaf Spur
Frontage Road - Main St. to Lake St.
This letter is written in response to a request from the City Council to
sutm~it an engineering proposal for the subject project.
As visualized, based on a meeting with Mr. Kornelis and subsequent field
observations, the project will consist of the preparation of plans and speci-
fications to reconstruct and partially realign the South ]{enai Spur l~ontage
Road between Main and Lake Streets, and more specifically, incorporating
existing curb and gutter, new curb and gutter, storm drain inlets, sidewalk,
parking, A.C. pavement, and other associated work.
The project will be performed under the direct supervision of Philip Bryson.
Surveying will ~e performed 1fy a local survey company. Tentatively, we would
propose a schedule of phased completion as follows:
Notice to Proceed
Phase Y - Prellminaz-y Report (1 week review)
Phase YI - Preliminary Plans(1 week review)
Phase III- Final Plans/Specifications
Prior to Dec. 1, 1979
~an. 5, 1380
Feb. 1, 1980
~zr. 15, 1980
~';e propose to perform the work as Itemized, at our standard rates and charges,
for a not-to-exceed cost of .$18,000.
For budgeting purposes, we estimate the following very preliminary costs:
Basic Construction
Concrete Sidewalks
Street, Parking marking
Contingency (Construction)
Design Engineering
Contract Administration/ReS. Engr.
Project Total -
$170,000 -.213,O00
28,000
5,O00
37,000
18,000
28/000
$286,000- 32~,O0~.
BOX 1041 KENAI,AL. ASI,(A
' I
Eetth Eornelis
Page 2
November 1~, 1979
Both the Basic Construction and Project Total, as noted, are intended to re-
present a range of costs dependent upon presently unknown subsurface and
drainage requirements.
It should be kept in mind that there are several items, apparent at this
time, that could a~versly influence an early construction scheduling.
A. An anticipated sewer interceptor construction within the
project, presently under design.
B. Establishment of an Improvement District.
C. ~Mdificmtions to property lines along m~ch of the project
and particularly critical at the ~ansen (Benco) and Black
properties near Main Street.
D. Possible DOT concerns over modifications to Highway access
at ~in Street.
We appreciate the opportunity to submit this proposal.
you have any questions, please contact our office at your convenience.
.Very truly yours,
WI~C~COI~..LL-BRYSON & FREAS
Bryson, P. ~
Encl:
Schedule of Rates & Charges
Proposed Contract
~MO
November 30, 1979
Page 2
I would also strongly recommend in this contract, and all
future architectural or engineering contracts that the
professional responsible for the design be made responsible
for project inspection to insure that the construction is in
accordance with the design. This places complete respon-
sibility on the professional to see that his designs are
carried out, and if there is any fault or breakdown in the
final completed product, would place responsibility on the
professional--I believe this enhances the probability of
selection of highly-competent inspection personal and sharp
overseeing of construction in order to insure that the
designer's plans are properly carried out. This greatly
simplifies the obtaining of judgment for damages by the City
if the project does not stand up.
Sincerely,
Ben T. Delahay
City Attorney
BTD/md
CONSULTING ENGINEERS
November 15, 1977
City of Kenai
P.O. Box
Xenai, Alaska
99611
Attention: Keith Kornelis
SubJect:
Proposal for Engineering Services
Improvements to South Kenai Spur
Frontage Road - Main St. to Lake St.
This letter is written in response to a request from the City Council to
submit an engineering proposal for the subject project.
As visualized, based on a meeting with }~r. Kornelis and subsequent field
observations, the project will consist of the preparation of plans and speci-
fications to reconstruct and partially realign the South Kenai Spur Frontage
Road between Main and Lake Streets, and more specifically, incorporating
existing curb and gutter, new curb and gutter, storm drain inlets, sidewalk,
parking, A.C. pavement, and other associated work.
The project will be performed under the direct supervision of Philip Bryson.
Surveying will be performed by a local survey company. Tentatively, we would
propose a schedule of phased completion as follows:
Notice to Proceed
Phase I - Prelfm~naz-! Report (1 week review)
Phase II - Preliminary Plans(1 week review)
Phase III - Final Plans/Specifications
Prior to Dec. 1, 1979
Jan. 5, 1280
Feb. 1, 1980
~ba'. 15, 1980
We propose to perform the work as itemized, at our standard rates and charges,
for a not-to-exceed cost of $18,000.
For budgeting purposes, we estimate the following very preliminary costs:
Basic Construction
Concrete Sidewalks
Street, Parking marking
Contingency (Construction)
Design Engineering
Contract Administration/Reg. Engr.
Project Total -
$170,000 - . 213,000
28,000
5,000
37,000
18,000
28 t 000
$286,000- 329,000.
BOX 1041 KEENAIsALAISi~A EIEI611 PHONEgc~o7]2B:3-4~$7~
Xetth Kornelis Page 2
November 15, 1979
Both the Basic ~onstruction and Project Total, as noted, are intended to re-
present a range of costs dependent upon presently unknown subsurface and
drainage requirements.
It should be h.ept in mind that there are several items, apparent at this
time, that could adversly influence an early construction scheduling.
A. An anticipated sewer interceptor construction within the
project, presently under design.
B. Establishment of an Imprevement District.
C. ~difications to property lines along much of the project
and particularly critical at the Hansen (Benco) and Black
properties near Main Street.
~D. Posstl~le DOT concerns over modifications to Highway access
at ~in Street.
l~e appreciate the opportunity to submit this proposal.
Zf you have any questions, please contact our office at your convenience.
· Very truly yours,
1~_NCE-CORTEEIZ-BRYSON & FREAS
Encl:
Schedule of Rates & Charges
Proposed Contract
SCi~'EDULE OF PATES A:.rD CHARGES FOR ENGIrrEERING SERVICES
EFFECTIVE JULY 1, 1919
~GIL~2ERING
RATE PER HOUR
Schedu/e A Schedule B
Engineer I
Engineer II
Engineer III
Engineer Technician
Senior Draftsm~n
Draftsman
T~ist (Reports and Specifications Only)
· ,~2. oo $45.00
$37.00 $~o. oo
$32.00 $35.00
$27.00 $3o. oo
$23.00 $25.00
$18. oo $20.00
$18. oo $2o. oo
Schedule A shall apply to all individual Jobs for
during any four consecutive weeks, is 80hours or
apply on all other work.
which the total time charged,
mor~. Schedule B shall
SURVEYING
3-Man Party
2-~'~n Party
Crew Chief Alone
Electronic Distance ~asuring Equipment
Special Equipment
ADDITIONAL~iARGE$
$110.00
$86. oo
$33. oo
$9.00
At Subcontract Cost
Automobile travel for trips to points in excess of five miles from office,
at the rate to $0.25 per mile both ways.
Actual cost of airline, charter, train, bus or cab fare or auto rental.
Actual cost of subsistence and lodging.
Actual cost of lone-distance telephone calls, telegrams, freight and express
charges, and postage other than ordinal, first-class.
Actual cost of materials required for the Job and used in surveying, printing
and reproduction costs.
6. Actual cost of special tests and services of special consultants.
To the total amount of Items 2 through 6 above, an amount of ten percent (10%)
shall be added for administrative and overhead costs.
PUBLIC VEHICLE COItlMIS$ION
Jesse Wade, Chairman
Tim Wisniewski
Mary Thornton
CITY OF KENAI
¥
P, O. BOX SSO KENA/, A~.ASKA 99611
~E ~ - 7~5
November 30, 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
December 5, 1979
CINDERELLA STREET
Pursuant to Council request of November 18, 1979, the Public
Works Department retained Zubeck Excavating to dig a drainage
ditch along the East-West half Section line of Section 33 from
Cinderella Street to the swamp near Princess Street. Before
excavation began, Public Works personnel ran a level survey to
insure that the swamp was lower than Cinderella Street. ~ith
reassurance that the swamp was one foot lower than the street,
we proceeded to excavate a 1400' drainage ditch which relieved
the standing water on Cinderella Street. There is still a
current of water flowing into the street at one end which is
being carried away by the drainage ditch. The unusually high
water table is still causing flooding of basements in the area.
GLACIER STATE REQUEST ,F~R PAYMEN~
A meeting to discuss Glacier State's request has been set up for
December 11, 1979, Tuesday, at 7 p.m. in the Fine Arts Building.
PMA (Phil Aber), Wince, Corthe11, Bryson, and Freas (Craig Freas),
and Brown Construction (Don Brown) have been invited to attend.
AIRPORT PARKING LIGItTING
HEA responded quickly to our request to install 10 sodium vapor
security lights in the Airport Parking lot. Presently, 8 of the
10 lights have been installed and are operating. The final
2 lights, near Daddy's Money Parking, will be installed when
IlEA receives shipment on some back ordered fixtures.
WELL HOUSE. 101 RENOVATION
Final inspection will be conducted on December 5. This addition
of the system is very timely due to the fact that we have been
experiencing trouble with Well House No. 2 as a result of corrosion
What*s Happening Report
Page 2
November 30, 1979
of electrical components caused by the recent chlorine lehk. The
water and sewer crew is closely monitoring Well House No. 2.to
insure an uninterrupted water supply. Last week, one o£ the distrib-
ution pumps in Well House No. 2 failed to start up which caused the
3 Million Gallon Water Storage Tank to come on the line. Minor
adjustments by the crew to the automatic starters at ~ell House
No. 2 enabled them to restore normal operation within a few hours.
TOPO STUDY
We have received verbal confirmation from James Anderegg's office
that additional CEIP funding has been granted for four extra
quarter sections to be included in the Topo Study.
AIRPORT I~AY - SfATER, SE~ER, AND STREET
Jackson and Garland Excavating has requested that t~e final
retainage be released on this project so that the general contractor
PR~S can free up their bonding for the project. We recommend
that the retainage be held until repaying and pressure testing in
the area o£ the recent water line break on this job are completed
next spring or unti! a cash bond is put up to cover the cost
of the above items.
BN/jet
CITY OF KENAI
~N~ ~ - 7~S
November 29, 1979
Mr. Charles Hosack
State of Alaska
Oepartment of Public Safety
Otvtston of Vehicles
P. O. Box 960
Anchorage, Alaska 99510
Dear Mr. Hosack:
This letter is a followoup of our telephone conversation of
Novenber 27, lgTgo concerning the Kenat Motor Vehicle Office.
! have again discussed this matter with City Council Members
and ! wish to relay their desires to you.
Agatn, the Counctl ts not opposed to the State taktng over
the Notor Vehicle Offtce. However, they have a strong desire to
keep the offtce tn Kenat. Ne are presently designing a new City
Administration Building, and the Counct1 wants the Motor Vehtcle
Office to eventually move tnto that building. Scheduled cempletton
date ts late autumn of 1980. We hope that at that time, the Ctty
can offer you a favorable leastng arrangement for space in the new
building.
If ! may be of assistance to you, please contact me. -
Sincerely,
Charles A. Brown
Acting City Manager
CAB:IJ
cc: Carman Gtntolt
Hugh Malone
Pat O'Connell
City Council Members
ALASKA MUNICIPAL LEAGUE
POLICY STATE~tBNT
1980
Adopted at the Business Meeting
of The Twenty-Ninth Annual Conference of the
ALASKA ~JNICIPAL L~AGUE
Sitka, Alaska - November 2, 1979
PART I
TAXATION AND FINANCE
A. State Collected~ Locally Shared Taxes
1. ~lunicipalities in Alaska presently derive significant revenues
from state-collected, locally-shared taxes to help meet their basic
operating expenses. Any curtailment of such revenues would have a
serious adverse effect upon the operation of municipal governments,
resulting in either a marked increase of local property taxes or a
reduction in the level of services offered to the public. The
League, therefore, opposes reduction of such revenues through elim-
ination of such taxes unless other equal sources of revenue are made
available to local government, or appropriations to compensate for
lost revenues are made by the state.
2. The League continues to urge adequate funding of the Abandoned
Motor Vehicle Fund with special emphasis paid to the cost incurred
in handling abandoned vehicles which have no value.
3. The League supports legislation which would enable municipalities
to levy, by local option, a tax on the same tax sources as are
authorized for levy under the Alaska Income Tax Act, without re-
strictingmunicipalities' rights to levy taxes on other sources.
The League further recommends that the municipal income tax be
collected and administered by the state.and refunded.to the Juris-
diction levying the tax.
4. The League urges the Legislature to fund the local government
share of the Corporate Income Tax at no less than the minimum auth-
orized by law.
B. Locally. Collected Taxes
1. Sources of local revenue for municipalities in Alaska are limited
to a very extensive degree, to the income derived from local property
and sales taxes. Therefore, the League opposes the imposition of
state-mandated exemptions of certain classes of property, individuals,
organizations or commodities from the applications of such taxes
unless adequate compensation is made by the state to reimburse local
government for revenues lost due to these exemptions.
2. Several laws have been enacted in the past few years which have
mandated eze~ptions, partial exemptions and deferrals from local
property taxes or assessments. In most oases provisions have been
included which cause the state to reimburse municipalities for lost
revenue. The League urges the Legislature to include in all such
reimbursement legislation the provision that this reimbursement is a
lien in favor of the State against the property exempted, except
that this lien provision will not apply to exemptions granted under
AS 29.53.020(e).
3. The State of Alaska is increasingly acquiring property within the
various municipalities and as such demands the local governmental
services for such property to include fire, police and other amenities
from the human resource standpoint. The League, therefore, endorses
the position whereby the state would pay to the local governments a
payment in lieu of ad valorem taxes for the state owned property, as
well as payments for its share of the cost of improvements which
benefit such property.
C. Local Taxing Powers
1. The League opposes any further effort on the part of the State to
levy a property tax which would infringe upon the rights of local
governments to levy the same rate of tax as levied on other property
within the taxing Jurisdiction.
2. The municipalities in Alaska must assess property at 10~ of its
fair market value for purposes of taxation. To assure the public of
fair and equitable treatment to protect the property owner from im-
proper ~ssessing practices, municipalities have established adequate
procedures for hearings and appeal. The League! therefore, opposes
any attempt to restrict local assessment procedures without a thorough
review of the statewide impact those restrictions might have.
3. The League supports efforts by the Department of Community and
Regional Affairs and the Alaska Association of Assessing Officers
to promote more professional standards among ~unicipal assessors and
appraisers through expanded educational programs.
D. State Shared Revenues
1. The League strongly supports increased funding of the State
Shared Revenue Program to a level at least three'times the 1979
funding level, including any new programs to foster economic deve-
lopment, and continues to support the philosophy ~f HB 192 a~
troduced in the 1st Session of the llth Legislature.
2. The League supports legitimate and reasonable changes in the
amount of money requested for the municipal services shared revenue
program and remains ada/r~__nt in the belief that each Legislature has
the obligation to fund the program 100% annually.
3. State road maintenance of local roads (under the state revenue
sharing program) has been set at $1,500 per mile for a number of
years. Over this period of years, the-actual cost of road maintenance
has increased substantially. The League hereby supports an increase
of available state funding for road maintenance to realistically
reflect today's cost of road maintenance with this increase funded
by an additional legislative appropriation.
E. Bondin~
1. The League opposes any legislation which would limit the municipal
authority to levy taxes for payment of bonded debt.
F. Fundin~ the Newly ,Organized Municipalities
1. The League requests the enactment of legislation to provide ade-
quate block grants to assist in the formation of new municipalities.
G. Public .E~.p.l.oyee Retirement
1. The League urges that legislation which increases benefits ~nder
the Public F~nployees Retirement System provide that the increased
cost shall be borne by contributions from the employees. The League
urges the Legislature to recognize the effect on participating
municipal employers if any amenchnents are made to PEPS.
2. The League supports legislation that would allow locally elected
officials, including those who are active members in the Alaska
State Teachers Retirement System, and former elected officials to
participate ih the Public Employees Retirement System.
H. CulturaI~ Civic and Convention Centers and ~useums
1. ~hile legislation has been enacted into law to enable the state
to assist local comities in the construction, maintenance and
operation of cultural, civic, convention and con~nunity recreation
centers, only minimal funding has been available for this purpose.
The League, therefore, urges the Legislature to authorize the issuance
of bond~ for this or any similar legislation in an a~ount sufficient
to meet the construction requir~nents in Alaska communities.
2. The League urges the Legislature to provide state assistance for
the acquisition, construction, maintenance and operation of muse~m~
by Alaskan con~nunities in order to preserve and display materials
illustrative of the history of the state, the connnu~ity and its
people.
I. Local Hospital Use
1. It is the practice of the Public Health"Service a~d other health
agencies to transport patients from local con~nunities with modern
hospital facilities and professional expertise to regional hospitals
for treatment and convalescence. If local ~0mmunity.hospitals are
to survive and provide the professional services conmunities require,
these cases should remain in the local hospitals. The League, there-
fore, urges the state and federal agencies responsible for health
care to utilize the local health facilities and to transport patients
to regional centers only when the necessary services are not available.
2. The League supports legislation that would retain full funding of
the State Shared Revenue Program but would remove "aid to hospital
construction" funding from the state shared revenue program. The
League strongly supports increased state funding of hospital con-
struction and operating costs but feels that this should be funded
outside the State Revenue Sharing Program and within the Department
of Health and Social Services.
3
J. Role of the Permanent Fund
1. The League supports legislation which would mandate the investment
of a percentage of the permanent fund into the development of energy
resources and potable water supplies.
2. The League, which recognizes that the concept of the permanent
fund is to take revenues from a non-renewable resource and turn
these revenues into a renewable resource, urges the Legislature to
increase the percentage of income going into the fund to help guar-
antee the economic stability of the state.
K. ~nti-Cyclical Polic~
1. The Alaska Municipal League requests the executive and legislative
branches of state government to develop a clear anti-cyclical policy
to provide as much as possible for the scheduling of state capital
projects projected for municipalities during periods of lower economic
activity in the municipality and to direct other state activities
with consideration of municipalities whose economies are depressed
from normal levels.
L. Tax Credit
1. The League strongly supports the development and implementation
of a tax credit program which would allow state income tax payers to
use as a tax credit on their state income tax return that portion of
Alaska local taxes they pay for local school support.
2. The League supports efforts to amend current legislative programs
authorizing state funded property tax exemptions l~nited to certain
classes of Alaskan citizens (i.e. senior citizens, farmers, e'~e.) to
provide a broader, more comprehensive property tax relief program
available to all citizens of Alaska.
3. The League supports tax credit programs being installed to reduce
the net income tax paid by Alaskan residents and property owners
through the existing state income tax system.
4. The League supports legislation that will clarify the deter-
mination of the amount which is exempt under the senior citizens
property tax exemptions.
M. Loans for H~d~Qe!ectric Projects
1. The League ~uppcrt3 uninterrupted continuance of loan funds from
the state for feasible hydroelectric projects within the state and
further supports that long term, low interest loans for these projects
be funded from non-renewable resource revenues such as those presently
being generated by oil and gas receipts.
4
P~RT I I
EDUCATI ON
A. School Support
1. The Constitution of Alaska is very specific in its requirement
that education is the responsibility of the state. Therefore, the
League urges the Legislature to fund annually 100~ of the costs of
Public School Foundation Program, special education, student trans-
portation (including kindergarten, hazardous bus routes and inclement
weather), and community schools. Appropriations for these programs
must reflect annually the increased costs incurred by school districts
and full funding should not be used as a catalyst for the state to in*
fringe upon the rights of local people to administer local schools.
2. The League further encourages the Legislature to continue to
support school capital projects at 80~ construction level or higher
(as defined by the rules and regulations established by the Department
of Education) and calls upon the Legislature and.the Governor to fund
this amount annually. The League strongly supports legislation that
will provide for a supplemental appropriation to fully fund the 1979
fiscal year school capital project fund at the legislated 80% level.
The League also supports legislation under which the state will pro-
vide the 804 funding for all approved school capital projects to the
local district at the time of approval.
3. The League recommends-that t~e-state Legislatt~e fund fully all
special programs.required by Public Law.
4. The League recommends that.the state reduce a~d'simplify the
paper work requirement for local school districts receiving state
and federal funds.
5. The League recommends that the stateLegislature adopt legislation
to endorse and fund education programs in the area of alcohol and
drug abuse with staff training, such programs being optional by each
school district.
6. The League urges the Governor and the Legislature to act as soon
as possible on establishing the amount of the publlc school foundation
support (basic educational unit) for the 1980-81.school year.
7. The League strongly recommends thet the State. Legislature review
and reevaluate the rural high school construction'program. The
League further urges that any addi~ionai funding~nust come from a
state bond issue rather than a direct appropriation.
B. Assembl~/Council-School Board Relationship~
1. The League supports legislation to clarify assembly/council-
school board relationships and opposes legislation which would
diminish assembly/council authority in education matters.
5
C. Public Communications
1. The League encourages state and federal governments to seek
immediate and expeditious activation of satelllte communication
faciltiies for education in the State.
2. The Second Session of the Ninth State Legislature implemented
initial funding for limited televising of legislative sessions. The
League now urges adequate funding of the program to assure that the
general public has the greatest access possible, not only to floor
sessions, but also to committee hearings.
3. The League supports legislation that would support communities
served by television cable systems that are applying for issuance
of FCC construction permits for mini TV translators.
PART III
PUBLIC SAFETY
1. The demand for trained competent local police and fire departments
is accelerating throughout Alaska. It is urged that the Legislature,
at an early date, assure that police, fire and emergency medical per-
sonnel training programs throughout the state have adequate facilities
and program resources for training of local safety people, and provide
financial support to assist the communities who participate.
2. Because the Alaska Police Standards COuncil ha~-'tost all federal
support, the League recommends the establishment of state assistance
proportional to the cost of on-going assistance to ~hose members of
municipal police agencies attending courses in order to meet the
-requirements of the Alaska Police Standards Act.
3. Recognizing corrections is a state function, the.League urges the
'State of Alaska to fund the construction, if necessary, and the
operation of short term detention facilities within local communities.
4. The League supports legislation which would permit municipalities
to tax, assess or impose a surcharge on the distribution and/or sale
of alcohol within its boundaries.
5. The League supports legislation authorizing municipalities to
establish additional standards for the issuance, renewal and trans-
fer by the state of liquor licenses within the Jurisdiction of the
municipality.
S. The League urges the State of Alaska to establish a comprehensive
fire education progrnm, through the State Fire Marshall's office,
that will utilize professionally trained public fire educators.
7. The League urges the state to develop policies on those who are
arrested on "state charges" in Alaska. When a municipal police
officer makes an arrest for a state violation, it should be clarified
that the state has the legal and financial responsibility for the
alleged violator at the time of his arrest.
8. The League urges the State of Alaska to reform the Alaska Juvenile
Justice System so that the peoples' confidence in the rule of the law
will be restored and our traditional form of government will continue
to provide security for the law abiding citizen.
PAHT IV
LAND USE
A. Local Options
1. The League feels strongly that laws pertaining to the powers of
local planning and zoning must allow for the greatest flexibility at
the local level.
B. Land Selection
1. The League urges (1) immediate conveyance of Native and State
lands presently identified and Jointly agreed upon for selection,
and (2) the State of Alaska move expeditiously to convey lands to
municipalities. (3) The League encourages a cooperative intergovern-
mental land use planning process that considers municipal, state and
federal lands affected by the land selection process.
2. The language of chapter 180 SLA 1978, which was enacted to solve
the problems municipalities have faced in acquiring lands within
their boundaries for local management appears to.contain certain
language which prevents the use o~ "redestgnated'~ mental health
lands 'to calculate the entitlement of "cities".which are not located
within a borough. Every ~ffort should be made to'correct this inter-
pretation by statutory amendment.
C. d(2) Lands in Alaska
1. The League supports land use recommendations which follow the
multiple use ~oncepts, and would be based on professionally thorough
and unbiased analysis of land use potential and compatibility of
uses, giving appropriate weight to economic, social and environmental
factors.
2. The League urges that potential hydroelectric projects be elimi-
nated from federal d(2) selections by providing headwater rights,
sites for dam sites, corridors for water and electric transmission
lines, power houses, associated substations and all attendant facil-
ities. The League further supports the preservation of rights-of-way
across all land selection and classification for the purpose of
providing for future construction of public accesses of various types.
D. Historic Sites
1. In order to help municipalities to retain as much as possible of
Alaska's colorful and historic past, the League supports establish-
ment of a state matching grant program and funding for acquisition,
maintenance and rehabilitation of momuments and historic sites.
7
E. Coastal Management
1. The League supports continued and maximum local control in the
develol~nent and management of the coastal policies, coastal planning
and implementation of coastal policies.
2. The League supports the concept of "extra-territorial' planning
by municipalities in the unorganized borough with statutory provisions
to permit the Alaska Coastal Policy Council to adopt said "extra-
territorial' planning as part of the Alaska Coastal Management
Progr~n until such time as a resource district plan is adopted.
3. The League urges the state agencies ~o abide by a municipality's
interpretation of coastal management standards from the time of
conceptual approval by the municipality until fiscal approval by the
Legislature.
F. Subdivisions
1. Subdivision of land is a major factor in community development
creating patterns which have long lasting effects. Although present
legislation clearly recognizes the need for regulation of subdivision,
means of enforcement are inadequate. The League supports legislation
which would require proof of approval by local authorities prior to
the filing of an instrument affecting the boundaries of land and
prior to any Judicial partition o~ real property.
2. The League supports legislation which would require legal access
to all state land disposals; and that, except for state subdivisions
in remote area~or for dispersed entry, local subdivision improvement
requirements be honored by the state by either installing such improve-
ments or by acquiescing in the formation of service areas and local
improvement districts containing such property and honoring the
obligation to pay LID assessments on such property while it is in
state ownership.
3. The League supports the concept of an Enterprise Fund as a means
for the state to provide required improvements in state land disposals.
G. State Land Disposal
1. The League supports legislation which mandates land use capability
and resource inventory findings for each tract of land included in
the disposal bank.
H. Grazing Districts
1. The League supports legislation which delegates to local govern-
ments the establishment of controlled grazing districts within
organizednmnicipalities.
I. Minerals
1. The League supports legislation that the state provide funds for
necessary quantitative definition studies and market analysis of
minerals other than oil and gas.
r-
PAHT V
THANSPOI~TATION, DOCKS AND POHTS
A. Surface and Marine Highways
1. With the ongoing development of natural resources in Alaska, the
League supports legislation which will expand the Alaska Marine
Highway to Western Alaska and improve transportation to tie the
Central Alaskan ports in with the Aleutian Alaskan ports and further
supports the expeditious procurement of an ocean going vessel to
accomplish the expansion of the Alaska Marine Highway System as
stated above.
2. Since Alaska's economy depends heavily upon ocean and inland
water shipping, fishing and other marine travel, the League finds
the existing port and harbor grant programs to be inadequately
funded and urges expansion of those programs. Major port and harbor
facility plans should be prepared and developed consonant with the
municipalities' plans.
3. The Les~ue supports efforts to provide efficiencies in the oper-
ation of the Alaska Marine Highway System providing these efficiencies
are based on publicaly available economic and technical data. How-
ever the League strongly objects to any reduction in existing marine
highway systems absent technical, economic or other criteria, strongly
urges co~nunity input be required prior to establishing marine high-
way rates,' schedules and operational changes, and requests public
input for any studies affecting the operation of the Alaska Marine
Highway System be solicited on a state-wide basis.
4. With the difficulty in acquiring public rights-of-way throughout
the state, primarily due to different land classification and owner-
ships, the League supports the identification of adequate corridors
for construction for public access through such lands and early
acquisition of adequate rights-of-way.
5. The League supports efforts toward an expanded railroad system to
serve areas beyond the current northerly railroad terminus and south-
easterly extensions linking the State of Alaska with Canadian rail
facilities. The League supports the extension of the existing line
to the Kenai Industrial Complex.
6. Since the Alaska economy depends on the existence of transportation
routes, the League supports the continued use and.state maintenance
of the state highways and trails systems.
7. The League supports an effort by the state to improve the land
transportation service between Southcentral Alaska and the Whittier
Gateway to Prince William Sound.
8. The League requests that the State of Alaska support mandatory
shipping corridors within Alaskan waters.
9. The League requests the state to intervene in the matter of inter-
pretation and enforcement of federal regulations pertaining to the
transportation of hazardous cargo on passenger vessels and aircraft
in order to reduce the financial penalties now imposed upon certain
con~nunities.
10. The League supports the expeditious development of a transportation
program based on technical data with the maximum public participation
possible which identifies the needs and establishes an improvement
program for all forms of transportation in Alaska to include comercial
and private air, marine and land transportation systems and adequate
consideration for emergency airstrips.
ll. The League requests that the state Join in asking the President
of the United States to intervene in the interpretation of the Jones
Act by the Customs Service, as it limits the time permitted and
number of port calls in Alaska by foreign bottom cruise ships.
12. Port Authorities: Insufficient 'mechanisms exist under Alaska law
to create Joint port authorities, free port of entries and trade
zones. Therefore, the League supports legislation to expand the
powers of home rule and general law municipalities to create, finance
and operate port faciltiies and ancillary authorities to enhance
connnerce within the State of Alaska.
13. The League requests the state provide the option for municipal-
ities to assume Jurisdiction over control of the movement of local
street and highway traffic within its boundaries.
14. The 'League Urges DOT/PF to make planning funds available to
enable all municipalities to do the transportation planning within
their boundaries that is required of coastal municipalities by the
Alaska Coastal Management Program.
15. The League requests that the state consider a transportation
system comprised of marine and land highway components. This system
would embody shorter ferry runs between adjacent connnunities with
extensions to the land highway system and by the utilization of high
speed ferries and end-loading vessels with more frequent ferry
service with minimal on-board facilities for passengers.
16. The League supports major and minor in-state ferry maintenance.
17. The League requests the Division of Marine Highways improve the
ferry reservation system.
18. The League urges the state to make an increased level of road
construction funding available to all municipalities subject to
state land disposals within their Jurisdictions.
19. The League supports early construction of the Sitka-Rodman Road
which would make daily ferry service available to all major conununities
in Southeast Alaska.
10
B. Air Transportation
1. The League supports the concept of continued expansion and up-
grading of the airports and air navigational aids in Alaska.
2. The League supports municipal acquisition of federal and state
lands to provide for needed expansion of port and airport facilities
and operations.
PART VI
MUNICIPAL UTILITIES
A. State Regulation
1. Alaska is undoubtedly unique among the fifty states in its pre-
ponderance of municipally-owned utilities. However, most of these
utilities are currently over-burdened because of unprecedented
growth of recent years. The League supports expeditious funding
which would make available to the various municipal utilities in the
State of Alaska low interest loans in order that they may im~ediately
be brought into adequate service for the people, and that the Alaska
Power Authority be adequately funded to meet the needs of the munic-
ipalities for water and power source development and distribution.
2. Despite the demonstrated ability of municipal and cooperatives'
utilities to operate their respective utilities in the best interest
of consumer public, efforts are. constantly being made to subject
these utilities to regulation by'th~ Alaska Public Utility Commission.
~egulation by the APUC is an unnecessary infringement on local govern-
ment authority as well as that of federally regulated cooperatives.
The League opposes any legislation which would continually inflict
this undue re~ulation by the state.
3. The Le~-ue supports legislation which would make it clear that
muni¢ip~lities and cooperative utilities may include construction
work in progress in the utilities rate b~se.
4. The Leagu& supports the concept of direct grants and low interest
loans fr~n state funds for the construction of power and water
projects in order that rates paid by the Alaska consumer for these
necessary services may be set at a reasonable level which is within
the ability of the citizen to pay.
5. The League supports the strengthening of laws relating to the
alteration, tampering with and bypassing of utility meters.
Acquisition
1. One of the alleged benefits to accrue from the enactment of the
Alaska Public Utility Commission Act was the amicable solution to
the service area conflicts between competing utilities. To further
this commendable objective, the League, therefore, supports legislation
which would allow municipalities operating utilities to acquire the
facilities of a competing utility under specific terms which would
fairly compensate the competing utility.
11
C. Sewage Disposal
1. Amendments were passed by the U.S. Congress to allow exemptions
to the Clean Water Act with respect to sewerage disposal in tide
water with sufficient fluctuation. The League opposes any regulations
which would unduly burden the Alaska communities in receiving these
exemptions. The costs of preparing and presenting the applications
should be an eligible expense and be reimbursed by the State of Alaska.
2. The League also endorses the concept of the State of Alaska's
paying up to 75% for sewage and water systems constructed by munici-
palities under the State of Alaska Construction Grant Program.
3. The League endorses an amendment to Federal law which would allow
the operational cost of sewage treatment facilities to receive
general fund support from the State of Alaska and its municipalities.
D. Solid Waste
1. The League supports legislation which would authorize up to 50%
of the costs of capital improvements for construction of solid waste
disposal facilities by municipalities under the State of Alaska Con-
struction Grant Program. This program shall be applicable to those
facilities currently under construction at the time the Act passes.
The League also supports legislation which would allow the operational
cost of solid waste disposal systems to receive general support in
the form of state revenue sharing from the State of Alaska.
E. Fresh Water
1. The League endorses amendments to federal and state regulations
to permit waivers of the Fresh Water Drinking Standards as long as
public health is protected.
2. The League endorses a comprehensive effort by state and federal
officials to develop alternative energy sources in Alaska, as well
as innovative and appropriate technologies including cogeneration.
Specific emphasis should be placed on the uses of these in the pro-
vision of sewage treatment and water supplies and solid waste
facilities ~n the State.
3. The League supports legislation which would make available funds
to municipal energy conservation programs as well as low cost home
improvement loans which demonstrate energy conservation approaches.
PART VII
~NICIPAL ELECTIONS
A. Majority Elections
1. The League strongly supports legislation which would permit a
municipality, with voter ratification, to opt out of the 404 plurality
requirement for election to office and which would clarify tho 40%
rule for municipalities that continues to use it.
12
B. Poll Hours
1. Experience has proven that extension of polling hours has not
increased voter turnout and has been costly. The League, therefore,
opposes legislation which would extend the hours beyond the present
8:00 am to 8:00 pm.
C..Re~istration
1. The League opposes legislation which would eliminate or erode the
State of Alaska registration system.
2. The League supports legislation which would expand the state
voter registration laws (AS 15.07.030) to include as part of voter
history for registration and purging purposes, voting in a municipal
election.
D. Administration
1. The League supports legislation which consolidates all functions
pertaining to election, conflict of interest, campaign disclosure
reporting, and qualifications for candidates into one agency.
Disclosure Restrictions
1. Although the League opposes campaign and financial disclosure
restrictions imposed upon local governments, it recognizes the improb-
ability of complete repeal of these statutes. The League, however,
urges the Legislature to review and revise the laws making the
reporting requirement less onerous than presently in effect. The
League specifically supports legislation which would exempt from
campaign disclosure and/or financial disclosure elected or appointed
advisory boards as defined tn 29.63.090.
F. Voter~ualiftcation
1. The League supports legislation which would require a person to
be registered to vote, under the state registration system, in the
municipality in which he seeks to vote.
6..~ualifications for Elective Office
1. The Lea~ae supports legislation that would include provisions in
Title 29 for municipalities to set qualifications for all elected
municipal officials and to delete that section in Title 14 relating
to municipal school board member qualifications.
2. The League supports legislation that would amend Title 29 to
include reference to the requirements of AS 15.13 and AS 39.50
pertaining to qualifications of candidates.
H. Title 29 Revisions
1. The League supports legislation which would clarify AS 29.28.070(b)
to specify that signature requirements for petitions be based upon
the last regular election held Just preceeding the date of first
circulation of the petition.
13
2. The League supports legislation amending AS 29.28.070 to provide
that the ntunber of signatures required to initiate a petition for
referendum, initiative or recall be 25% of the number of voters
voting in the last regular election regardless of population of the
municipality.
3. The League supports revision of the reapportionment provisions of
Title 29 for clarification, simplification, flexibility, and autonomy
at the local level.
PART VIII
LOCAL GOVE~ POWERS
Local Autonomy
1. Because certain restrictions currently exist in the Alaska Statutes
which impede effective independent local government, the League supports
legislation which would promote more effective and independent local
gover~nent in all organized boroughs and cities, and opposes any
legislation which restricts local government powers.
2. The League supports the continued exemption of municipal officials
and employees from the lobbying reporting requirements under AS 24.25.
3. The League supports legislation at both state and federal levels
placing municipalities in an equal posture with state governments
with respect to federal anti-trust laws.
4. The League opposes state restrictions on enforcement of municipal
ordinances and supports legislation clearly establishing local
autonomy in the creation of mandatory sentences and other remedies
for violation of local ordinances.
5. The League supports the co~munity council concept and also supports
legislation which would require that the local governing body be the
management unit for local community councils. The local governing
body should be both the requester and receiver of state funds that
will be.used to fund community councils.
B. Public Employee Labor Relations
1. The League strongly opposes any legislation which would force
municipalities to be subject to the provisions of the Alaska 'Public
Employees Labor Relations Act. The League opposes Just as strongly,
any legislative efforts 2o dictate the provisions of local public
employees labor relations ordinances.. The League supports legislation
to allow each municipality at any time to reject or withdraw from
the terms of the Alaska Public Employees Relations Act.
2. The League opposes legislation imposing binding arbitration on
local governments. Such legislation would hinder local governments'
ability to determine their personnel costs and prevent local govern-
ment from having complete control of determining the local tax rate.
14
C. Third Class Borough
1. The League supports elimination of language from Alaska Statutes
which would allow for the future creation of third class boroughs.
Any existing third class borough would be allowed to continue in
existence until such time as it reclassifies. The League believes
that a third class borough, as currently defined in statute, does
not meet standards for a general purpose local government.
D. Local Government Study
1. The League endorses, and strongly supports, legislative action
that would create and adequately fund a committee which would be
charged with investigating current and future state/local government
relations and finance in Alaska and the current and future status of
local government structures, specifically including the unorganized
borough. The committee shall be comprised of state administrative
officials dealing with local governments, local government officials
and residents from large and small cities and boroughs, specifically
including the unorganized borough and legislators. The committee
shall prepare a report on its findings, including proposed legislation
and constitutional changes, and shall submit the report to the State
Legislature and all local governments.
E. Public Officials
1. The League supports legislation to allow public officials of par-
ttctpattngmuntctpalities to enroll in the Public Employees Retirement
System at any time during their term of office.
2. The League urges the State Legislature to extend to municipalities
that opt out of the Social Security System the right to participate
in the state's social security benefit substitute package.
PART IX
RESOURCES
A. Non-Renewable
1. The ~laska Municipal League supports a clear policy requiring the
processing of state royalty oil and gas within Alaska.
2. The League encourages a state policy requiring the distribution
and sale within Alaska, to the extent it is economically feasible,
the products of Alaska processed oil and gas.
3. In response to the energy shortage and its economic impact on the
people of the state, the League urges the federal government, the
State of Alaska, and League members to design, construct and use
their buildings with an emphasis on energy efficiency.
4. In consideration of anticipated shorages of petroleum products
for energy production, the League urges the State of Alaska to
pursue the development of Alaska's coal resources.
15
5. The League supports legislation which establishes a clear mineral
policy to encourage resource development; in-state ore concentration
and/or reduction; and protects mineral land from imposed incompatible
land uses.
B. Renewable
1. The League requests that the executive and legislative branches
of state government establish a policy requiring the development and
processing of renewable resources in Alaska and through appropriate
inventory and management practices make all renewable resources
available for development and processing on a substained yield basis.
2. The League supports legislation which would establish and continue
existing long range research and development in high value finfish
and shellfish aquaculture and enhancement and for the development of
an aggressive bottom fish program.
3. The Alaska Municipal League requests the executive and legislative
branches of our state government to accelerate market studies and
market development of Alaska's renewable resources.
4. The League supports legislation for the development of an aggres-
sive bottomfish program including substantially accelerated marketing
studies and market developemut for Alaskan bottomfish products.
5. The League requests the legislture and Administration to adopt by
statute and for regulation the policy that hydroelectric energy is
one of the most advantageous and acceptable methods of generating
renewable energy for use by the many citizens of Alaska.
6. The League recommends'legislation establishing a state energy
policy which addresses both rural and urban situations and provides
incentives to development of energy sources specific to community
need~ giving preference to renewable energy sources and/or new
technologies.
7. The League recognizes sport fishing as an important renewable
resource which has economic as well as recreational value and should
be protected and developed.
C. Human Resources
1. The Alaska Municipal League supports and encourages, within the
confines of the constitution and human resources limitations, any
efforts on the part of the Governor and the Legislature to implement
an Alaska hire policy.
2. The League encourages the State Legislature and Administration to
use both the human resources and technical resources of the insti-
tutions of higher learning within the state whenever possible.
16
PART X
ECONOMIC DEVELOPMENT
1. The exploration, development and industrial utilization of renew-
able and non-renewable resources, both inside and outside municipal
boundaries, creates a substantial and immediate impact on the need
for municipal facilities and services which exceed the financial
ability of mo~tmunicipalities to meet in the short period of time
available to have such facilities and services operational. The
League urges adoption of legislation which would provide financial
assistance to municipalities which are proposed for such impacts.
2. The League supports and urges the State Legislature to establish
and provide 4~mediate funding of programs that will create, assist,
or aid both public and private enterprises to plan, finance, and
develop Job related industries, businesses, and facilities that are
compatible with the desires of local government.
3. The League supports legislation that will aid in the exploration,
development, and in-state processing of Alaska's raw materials and
vast mineral wealth, and urges the state to provide state tax incen-
tives to those industries engaging in in-state primary and secondary
processing of Alaska's resources.
The League supports increases in ~tate Revenue Sharing for local
ecdnomic dqvelopment programs.
· 5, The.L~ue supports a,~eduotion.oJ~:~ta~, regu~:ion. ~d requir~ment
.of redundant.information,reports for small businesses and local
.:' government8.
17
CiTY OF KENA!
¥
P. O. BOX SI0 KEN.4J, ALASKA 99&11
TELEPHONE 28,% · 753S
TO:
FROM:
DATE:
RE:
HONORABLE MAYOR AND CITY COUNCIL
BEN T. DELAHAY, CITY ATTORNEY
NOVEMBER 26, 1979
CONSTELLATION
Dear Councilmembers:
You will find enclosed a memo dictated by Ernie before he
left regarding an offer of settlement suggested by Rick
Baldwin, attorney for McNamara. Before we found out that
Ernie had left town and would not be here to sign this memo,
I received a telephone call from our attorney, Jim Bendell
(with Rick Garnettts office), informing me that Mr. McNamara
refused to go along w$thMr. Baldwin's offer.
You will find enclosed a letter from Mr. Baldwin making a
written offer of settlement for your consideration.
Since this is an entirely different offer from the one which
Ernie had received, and since there is no offer to move the
plane before next May, I feel that his advice to accept the
other offer and get the plane moved would not be repeated
under the current conditions.
If any discussion of this situation is to occur in the
Council meeting, it should be only in an executive sessio~.
Sincerely,
Ben T. Delahay ~'
BTD/md
Enclosure
CiTY OF KENAi
·
P. Oo 8OX S80 Kf. NAIo .dKASKA 99611
TELEPHONE 283 - 7S3S
~MO
HONORABLE MAYOR AND CITY COUNCIL
FROM= E~EST SCHLERETH, CITY ATTORNEY
DATE: NOVEMBER 9, 1979
CONSTELLATION
Dear Councilmembers=
As you recall in a previous memorandum, I described to you
how a kink had developed in the transaction of the sale and
removal of the Constellation whereby the IRS asserted a lien
against the aircraft.
Since that time the IRS has made an offer to Mr. McNamara
stating that the IRS would be willing to release its lien
against the Constellation for the sum of $2,000.
In turn, Mr. McNamara, through his attorney, contacted our
outside counsel in the matter and stated that they would be
willing to pay this $2,000 fee if the City would forgive the
tie-down fees against the plane which have been taken out of
the $10,000 cash bond money. Additionally, they would enter
into an "iron-clad" agreement whereby the plane would def-
initely be removed as soon as the ground was frozen. Mr.
McNamara's plan apparently is to have the plane moved to an
FBO area off City property. Apparently at that location
they will be able to work on their plane at their leisure
rather then having to worry about the incoming fish fliers
this next season.
My last recommendation to the Council before completely
turning over the reins to Ben Delahay would be to strongly
urge that such an agreement for the removal of the plane be
entered into. My personal feeling is one of disappointment
at ~. McNamara's failure to go through with his agreement.
However, on the other hand I believe that personal feelings
have no place when one is representing the City as an officer
or public servant. Looking at the matter as impartially as
possible one could say that Mr. McNamara has expended time,
MEMO
November 9, 1979
Page 2
energy and money by hiring a mechanic to work on the plane
for a good month, house such a mechanic in a local hotel,
and otherwise expended his energy at moving the plane.
Therefore, at this time I think the best way to handle this
matter is to make an agreement to have the plane removed
under the condition as offered by Mr. McNamara.
Respectfully submitted,
Ernest Schlereth
Es/n~
ROGERS & BALDWIN.P.C.
Hovember 14, 1979
(907) 28 )- 7167
Jim Bendell
Attorney at Law
900 West Fifth Avenue, Suite 540
Anchorage, Alaska 99501
Re:
My Client, McNamera &
Associates, Inc.; Your
Client, City of Kenai
Dear Jim:
After our phone conversation of November 9th, I spoke
by telephone with my client in California. ~y client is
at this point unwilling to make any payments to the Internal
Revenue Service to induce it to release its lien on the
aircraft. It is my client's position that it is the
obligation of the City of Kenai to release that lien.
The basis for this position is that the City of Kenai,
bot~ through the oral representations of its Attorney Ernest
Schlereth and its City Manager John Wise, warranted that
the aircraft was free of any liens or other encumbrances
as of the date of sale. In addition to the oral
representations, the aircraft was represented to be free from
encumbrances by the Notice of Public Auction published [4ay
25, 28 and June 24, 1979, the Information for Bidder~ dated
June 4, 1979, and the Final Judgment and Confirmation of Sale
dated July 5, 1979, which was prepared by the City Attorney
fop the signature of Judge Hanson. I have not had an
opportunity to review the Partial Judgment and 0r~er dated
May 24, 1979. That instrument also .lay co~tai~% such a
representation.
My client feels that it has not yet received that which
it thought it was purchasing, and which the City represented
that it was selling on the purchase date. In spite of the
fact that the City has yet to deliver clear title to the
aircraft, the C~ty has sough~ ~.~ charge my c]ie~t with
tie-down fees, has threatened to take it upon itself to
dismantle the aircraft and charge the cost of dismantling
against my client's bond, and has caused my ct lent to incur
attorney's fees which at this point appc. ar to be ove~ $~,200.
RECEIVED
;','..qV. O 197~
~1¥ LEGAL
Jim Bcndell
~.Iovember 1~, 1979
Page Two
My client has also advised me that because of the
existence of the Internal Revenue Service lien on the
aircraft, it has lost the opportunity to sell the aircraft
for profit. The Internal Revenue Service has advised me that
in the event my client does find a purchaser for the
aircraft, the IRS intends to take from the proceeds of the
sale any amounts which my client might realize over and above
the money which heretofore has been invested in the aircraft,
in order to satisfy its lien.
Consultants which have been retained by my client to
assist it in readying the aircraft for flight have advised
my client that it would be unwise to attempt to move the
aircraft until the tires have been changed. Apparently,
the existing tires are so old that they may blow out in
the event the aircraft is moved. I understand that if one
tire blows out, the chances are good that all the tires
will blow out. As you are aware, a substantial amount of
· engine work will also need to be done in order to ready
the aircraft for flight.
At this po£nt my client is unwilling to expend further
money on an aircraft which it does not yet own. Obviously,
the state of the title of the aircraft is such as to
discourage any serious qualified purchasers.
My client' has requested that I make the following
proposal on its behalf. It proposes (1) that the City refund
any tie-down fees which have been taken from the bo,~d it has
posted with the City; (2) that the City collect no ~ie-down
fees until the title is clear; (5) that the City release
$1,500 f~om the bond to pay accrued and anticipated
attorney's fees; and (4) their the bond be conv~r~ed into an
intemest-bearing certificate of deposit with the interest
inuring to my client.
In return, my client would agree Lo move the aircraft
by ~ay 15, 1980, or within ninety days after the title is
clear, and the FAA records reflect that title vests Jn my
client, whichever date is later.
Hopefully, this matter can sti. l] be resolved short
of litigation. For this to be accomplished, ho?~ever, it
will be necessary for the City of Ke~ai to live up to its
Jim Bendell
November 14, 1979
Page Three
end of the bargain. Please advise me as to the City's
position in this regard after you have had an opportunity to
consult with your client.
CRB:jh
Very tr__u~7~ur~,
C. R. BALDWIN
Attorney at Law
cc:
McNamara & Associates, Inc.
1693 Mission Drive, Suite 203
Solvang, California 93&63
MEMO
TO:
FROM:
DATE:
RE:
CiTY OF KENAi
P. O. BOX S~0 KENA~, ALASKA 99&11
TELEPHONE 2~. - 7S3S
HONORABLE MAYOR AND CITY COUNCIL
BEN T. DELAHAY, CITY ATTORNEY
NOVEMBER 28, 1979
SOCIAL SECURITY COVERAGE
Dear Councilmembers:
Attached hereto is a copy of a letter from Paul B. Arnoldt,
Director of the Division of Retirement & Benefits, received
in response to a letter from Ernie, a copy of which is also
enclosed.
I reported the receipt of the letter from Arnoldt at the
last Council meeting, but was not able to get a copy in the
packet for your full consideration.
Some Councilmember mentioned that we had other information
that the Department of Safety could be considered a separate
group, but I have not been able to trace down the source of
that report. I understand the information was received
through a member of the Police Officers' Association from an
employee of Social Security in Anchorage, however, any
coverage tinder Social Security fo~ State and Municipal
employees is made dependent on State action by the Federal
laws. Therefore, I think that Mr. Arnoldt's statements are
more than likely accurate.
Since the City has already passed a resolution giving notice
of intent to withdraw from Social Security to be effective
December 31, 1981, even if the Social Security Administration
approves the withdrawal, there is no urgency to take any
further action prior to the fall of 1981.
Long before that time there may have been almost a complete
change in the employees of the Fire/Police Department or the
general government, a complete change in the Social Security
laws which could change the attitude of employees, or a
drastic change sweeping everybody into the system without
option.
November 28, 1979
N~MO
Re: Social Security Coverage
Page 2
In the meantime, there is nothing further that the Council
can do, and even if the Council desires to take a vote
amongst the employees, I would advise that such a vote be
delayed until the fall of 1981. If the laws are not changed
prior to that time, there would still be ample opportunity
to ~ake a decision at that time as to whether the City
should rescind its action of withdrawal or let it go through.
Sincerely,
BTD/md
Enclosures (2)
CITY OF KENAi
P. C). BOX S80 KENAI, ALASKA 99611
TELEPHONE '283 - 7S3S
Paul Arnoldt, Director
Retirement and Benefits Branch
State Retirement System
Pouch CR
Juneau, Ak 99811
Dear Mr. Arnoldt:
Enclosed herewith please find a resolution of the City of
Kenai representing an intention to withdraw from Social Security.
We hereby request information as to referendum procedures placing
the ma~er to a vote by the affected city employees and also in-
formation about the "Escrow" requirements and whatever otherin-
formation you feel we should be apprised of.
The City of Kenai intends to place the question of withdrwal to
a vote among the City employees. Howevert since we understand
~at the city's full time public safety DersonDe~ ~ay withdraw~
from Social Security .as a ~gparate entity or qroup of employee?
the City plans to set up the voting procedure in such a way as
to treat this group separately in tallying the votes. Such a
procedure, it is thought, would insure fairness since it is an-
ticipated that public safety personnel ( a younger group of em-
ployees) would choose to opt out in a far greater percentage than
might other employees as a whole. '
If you have any questions please don't hesitate to call me
collect at 283 7539.
Very truly yours,
Ernest S~hlereth, City Attorney
JAY S. HAMMOND.
DEP/~RTMENT OF .,~DMIN ISTRATION
POUCH CR
JUNEAU. AL.4$KA 9.9811
October 3l, 1979
Mr. Ernest Schlereth
City Attorney
City of Kenai
P. O. Box 580
Kenai, Alaska 99611
NOV 1 3 1979
BY L~GAL,
C/TY Oft
~ar Mr. Schlereth:
Thisisinresponsetoyourlet~rregardingwithdr~wal fromthe
~cial Securi~program. Pleasebeadvisedthat, on behalfoftheCi~
of ~nai, the State of Alaska has submitted notice of intent ~ withdraw
to be effective December 31, 1981. We will noti~you as soon as this
vets the app~val of the Social Securi~ Administration.
~ a referendum is not required ~ effect volunta~ temination
there are no fomal pmcedures for placing the mtter to a vote before
the affected ci~ empl~ees. However~ the.~spmption thatlPUblic Safety
personnel may withdraw separa~gly from the City is incorreg~.
emo]ovees of the Ci~of Kenai constitute an absolute coverage group
~'~f~-Ts a permanent gmuping of employees. ~t exists as a coverage
group for all purposes; coverage, reporting, and te~ination. ~blic
Safety employees are not a sQparate entity and therefore, cannot opt out
of theprOgramassuch.
Once app~ved by the Social Securi~ Administration, temination of
coverage is effective two years from the end of the calendar year in
which temination was requested. The City must Continue to submit
~ports and contributions through the two year waiting period. Therefore,
you should not be required to hold any pa~ents in escrow.
Please keep in mind that, under current Federal law, when Social
Security coverage is teminated, it may never again be reinstated.
However, a~ entity may a% any time durin9 the two year waitin~ period
rescind its notice of withdraual.
I trust the above provides the infomation you need. If not,
please feel 'free to write or call ~ office at 465-4473.
R£C~IVED Since~ ~ly,
Paul B. Arnoldt
Di rector
NOTE:Pleata Include Yout So~l,l S~utlty Number tn All Corr$$ponclence & R~qu~
PBA/PB/ja
t~MO
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN T. DELAHAY, CITY ATTORNEY
DATE:
RE:
NOVEMBER 29, 1979
MEETING OF THE LEGISLATIVE COMMITTEE
OF THE ALASKA MUNICIPAL LEAGUE
Dear Mayor and Councilmembers:
You will find attached a letter of the Chairman of the
Legislative Committee of the Alaska Municipal League setting
a meeting in J%lneau on December 14, 1979 of that Committee
together with an agenda for that meeting. A copy of the
1980 Policy Statement of the Alaska Municipal League is
being enclosed in the Council packet for the December 5,
1979, Council meeting, but in order to be sure that you get
a copy before this weekend I am attaching a copy to this
memo and will try to get it delivered at one of the special
work sessions this week.
I hope that you will have time to go over this policy'.
statement (and the agenda) this weekend so'that the Council
may be able to give me direction at the December 5th meeting
as to anything in the policy statement that is not included
in the agenda that the Council might wish me to try to
advance. Also, if the Council wishes to take a position on
anything on the agenda as to whether I should press for
action, drag my feet, or direction in which I should influence,
or attempt to influence, the Legislative Committee, it
should be done at that meeting so that I will have an opportunity
to try to develop arguments or drafts to present to the
Committee.
I regret that there has not been more time before this
meeting so that a position of the City on the various
matters which might be accomplished could be set, but this
communication was not received until this afternoon.
MEMO, PAGE 2
November 29, 1979
Lacking any expression of intent from the Council, or on
items in which the Council feels the City does not have a
direct interest, I will attempt to make any draft laws as
reasonable and understandable as possible, and will try to
see that they follow the intent of the Policy Statement.
Sincerely,
Ben T. Delahay
· City Attorney
BTD/md
Enclosures
* ~ .AJNF_AU. AJ_Ac,..C~
586-6526
November 26, 1979
To: A~Legislative Committee
From: RonLarson, Chair
Re: December Heeting
There will be a meeting of the Legislative Co~mittee at
9:30 a.m., Friday, December 14 in the City/Borough of Juneau's
Assembly Chambers.
Please notify the League staff in the Juneau office if you can
~ttend and your arrival
ME'MBER OF 'l~E NA'I'tONAL L.E. AGuE OF CIT;E$ A~iD TH[ NATIONAL AS~OCfATION OF COUNTI[$
Tentative Agenda
4q)~AM, Juneau
ALASKA ~UN]CIPAL LEA¢;UE
LEG]SI,ATIVE CO:.'~4ITTEE MEE'FII.~G
~ve finger--Z2, 1979
Municipal Offices
STAFF TO PROVIDE:
1. Status of League sponsored Bills pending
2. List of League membership by municipality
3. List of the complete Legislative Committee - Board of Directors,
Officers and Staff.
ACTION LIST:
(From Policy Statement for November 30, 1979)
Page 3, G(2) Public Employee Retirement.
A. ACTION NEEDED: Draft and get legislation pre-filed
" (by Ron Larson, Chairman)
Bill to "split-out hospital funding from Revenue-Sharing"
(to Health & Social Services)
A. ACTION NEEDED: Draft and get legislation pre-filed
(by Legislative Committe'e)
B. PHILOSOPHY:
AML supports hospital funding, but
not under Revenue-Sharing (retain
present funding of Revenue-Sharing
in Revenue-Sharing)
Page 4, M(4) Senior Citizens.
A. ACTION NEEDED: Draft bills:
(1) to exempt entire parcel; -
(2) to exempt "reasonable" amount with a lien.
(by Lee Sharp)
House Bill 66 Corrections. Lee Sharp will draft and circulate
to municipal attorneys.
A. Will be presented to Legislative Committee at it's
November 30, 1979 meeting.
Grazing. Jim Nordale will have appropriate legislation for
Committee consideration during November 30, 1979 meeting.
Land Disposal. Page 7, B(2) Mental Health Lands. Legislation
will be drafted by Mike Mikell and Allen Cronk for the Novem-
ber 30, 1979 meeting.
'8.
Page 8, g(2):
Judi Slajer will try and have something
for the November 30, 1979 meeting
Page 11, A
Majority Elections. There is a Bill drafted,
and we need to determine status for Nov-
ember 30, 1979 meeting
;C. IL, Legislative Co:~.mittee
Agenda- Page 2
Page 11, D So]id Waste. Perry Lovett will have draft
for Novu~.~>o.r 30, 1979 meeting.
10. Pa. ge 14, F(2)
11.
12.
13.
Social Security Participation. Jim
Nordale will draft legislation on
this for the November 30, 1979 meet-
ing (local option).
Page 15, A(5) - (PART IX). Jim Nordale and Allan Tesche
will draft legislation for the November 30,
1979 meeting.
Long Range Low Interest Loans for Water & Sewer Projects.
Title 29 Revision. Jim Nordale will give report at
November 30, 1979 meeting.
Boat Tax (Committee)
A. ACTION NEEDED: To find out committee status and make up.
League should have volunteers to serve on this committee.
(1) League in-put should be completed before the
committee on "Boat Tax" meets next summer.
(2) Help can be obtained from DOT, Division of
Harbors, ~arves,etc.
(3] Legal aid can be obtained through the
Legislation Committee
Reapportionment Bill (Sponsored by Branson)
A. Objective to be a "Title 29 clean-up" bill.
B. Need to circulate to all municipalities for comments
and in-put.
(1) Purpose: Workable Bill - League drafted if
necessary. ~.
(a)
Sub-committee: Borough Attorneys from:
Matanuska-Susitna Borough
Kenai Peninsula Borough
Ketchikan Gateway Borough
Need to get direction from President Walsh
on committee and its direction
(c)
Marilyn Dimmick, Kenai Peninsula Borough,
will assist.
ALASKA UUNICIPAL LEAGUE
POLICY STATEMENT
1980
Adopted at the Business Meeting
of The Twenty-Ninth Annual Conference of the
ALASKA MUNICIPAL LEAGUE
Sitka, Alaska - November 2, 1979
PART !
TAXATION A~q) FINANCE
A. State Collected~ Loqally Shared Taxes
1. Municipalities in Alaska presently derive significant revenues
from state-collected, locally-shared taxes to help meet their basic
operating expenses. Any curtailment of such revenues would have a
serious adverse effect upon the operation of municipal governments,
resulting in either a marked increase of local property taxes or a
reduction in the level of services offered to the public. The
League, therefore, opposes reduction of such revenues through elim-
ination of such taxes unless other equal sources of revenue are made
available to local government, or appropriations to compensate for
lost revenues are made by the state.
2. The League continues to urge adequate funding of the Abandoned
Motor Vehicle Fund with special emphasis paid to the-cost incurred
in handling abandoned vehicles which have no value.
3. The League supports legislation which would enable municipalities
to levy, by local option, a tax on the same tax sources as are
authorized for levy under the Alaska Income Tax Act, without re-
stricting municipalities' rights to levy taxes on other sources.
The League further recommends that the municipal income tax be
collected and administered by the-state and refunded to the Juris-
diction levying the tax.
4. The League urges the Legislature to fund the local government
share of the Corporate Income Tax at no less thyn the minimum auth-
orized by law.
B. Loca!1y Collected Taxes
1. Sources of local revenue for municipalities in Alaska are limited
to a very extensive degree, to the income derived from local property
and sales taxes. Therefore, the League opposes the imposition of
state-mandated exemptions of certain classes of property, individuals,
organizations or commodities from the applications of such taxes
unless adequate compensation is made by the state to reimburse local
government for revenues lost due .to these exemptions.
2. Several la~vs have been enacted in the past few years which have
mandated exemptions, partial exemptions and deferrals from local
property taxes or assessments. In most cases provisions have been
included which cause the state to reimburse municipalities for lost
revenue. The League urges the Legislature to include in all such
reimbursement.legislatioa the provision that this reimbursement is a
lien in favor of the State against the property exempted, except
that this lien provision will not apply to exemptions granted under
AS 29.53.020(e).
1
3. The State of Alaska is increasingly acquiring property within the
various municipalities and as such demands the local governmental
services for such property to include fire, police and other amenities
from the human resource standpoint. The League, therefore, endorses
the position whereby the state would pay to the local governments a
payment in lieu of ad valorem taxes for the state owned property, as
well as payments for its share of the cost of improvements which
benefit such property.
C. Local Taxing Powers
1. The League opposes any further effort on the part of the State to
levy a property tax which would infringe upon the rights of local
governments to levy the same rate of tax as levied on other property
within the taxing Jurisdiction.
2. The municipalities in Alaska must assess property at 100% of its
fair market value for purposes of taxation. To assure the public of
fair and equitable treatment to protect the property owner from im-
proper assessing practices, municipalities have established adequate
procedures for hearings and appeal. The League, therefore, opposes
any attempt to restrict local assessment procedures without a thorough
review of the statewide impact those restrictions might have.
3. The League supports efforts by the Department of Co~munity and
Regional Affairs and the Alaska Association of Assessing Officers
to promote more professional standards among municipal assessors and
appraisers through expanded educational programs.
- D. State Shared Revenues
1. The League strongly supports increased funding of the State
Shared Revenue Program to a level at least three times the 1979
funding level, including any new programs to foster economic deve-
lopment, and continues to support the philosophy of HB 19~ a~ in-
troduced in the 1st Session of the llth Legislature.
2. The League supports legitimate and reasonable changes in the
amount of money requested for the municipal services shared revenue
program and remains adamant in the belief that each Legislature has
the obligation to fund the program 100% annually.
3. State road maintenance of local roads (under the state revenue
sharing program) has been set at $1,500 per mile for a number of
years. Over this period of years, the actual cost of road maintenance
has increased substantially. The League hereby supports an increase
of available state funding for road maintenance to realistically
reflect today's cost of road maintenance with this increase funded
by an additional legislative appropriation.
E. Bondtn~ ..
1. Tho League opposes any legislation which would limit the municipal
authority to lev~, taxes for payment of bonded debt.
2
F. Funding the ,~wI~_Organized Munici~alities
1. The League requests the enactment of legislation to provide ade-
quate block grants to assist in the formation of new municipalities.
Public Employee Retirement
~. The League urges that legislation which increases.benefits under
the Public Employees Retirement System provide that .the increased
cost shall be borne by contributions from the employees, The League
urges the Legislature to recognize the effect on participating
municipal employers if any amendments are made to PERS.
2. The League supports legislation that would allow locally elected
officials, including those who are active members in the Alaska
State Teachers Retirement System, and former elected officials to
participate in the Public Employees Retirement System.
H' Cultur~l.~ Civic and Convention Centers and Museums
1. While legislation has been enacted into law to enable the state
to assist local communities in the construction, maintenance and
operation of cultural, civic, convention and community recreation
centers, only minimal funding has been available for this purpose.
The League, therefore, urges the Legislature to authorize the issuance
of bonds for this or any similar legislation in au amount sufficient
to meet the construction requirements in Alaska communities.
2. The League urges the Legislature to Frovide state assistance for
the acquisition, construction, maintenance and operation of museums
by Alaskan communities in order to preserve and. display materials
illustrative of the history of the state, the community and its
people.
I. Local Hospital Use
1. It is the practice of the Public Health Service and other health
agencies to transport patients from local communities with modern
hospital facilities and professional expertise to regional hospitals
for treatment and convalescence. If local community hospitals are
to survive and provide the professional services communities require,
these cases should remain in the local hospitals. The League, there-
fore, urges the state and federal agencies responsible for health
care to utilize the local health facilities and to transport patients
to regional centers only when the necessary services are not available.
2. The League supports legislation that would retain full funding of
the State Shared Revenue Program but would remove "aid to hospital
construction" funding from the state shared revenue program. The
League strongly supports increased state funding of hospital con-
struction and operating costs but feels that this should be funded
outside the State Revenue Sharing Program and within the Department
of Realth and Social Services.
" 3
J. Role of the Permanent Fund
1. The League supports legislation which would mandate the investment
of a percentage of the permanent fund into the development of energy
resources and potable water supplies.
2. The League, which recognizes that the concept of the permanent
fund is to take revenues from a non-renewable resource and turn
these revenues into a renewable resource, urges the Legislature to
increase the percentage of income going into the fund to help guar-
antee the economic stability of the state.
K. Anti-Cyclical Policy
l. The Alaska Municipal League requests the executive and legislative'
branches of state government to develop a clear anti-cyclical policy
to provide as much as possible for the scheduling of state capital
projects projected for municipalities during periods of lower economic
activity in the municipality and to direct other state activities
with consideration of municipalities whose economies are depressed
from normal levels.
L. Tax Credit
1. The League strongly supports the development and implementation
of a-tax credit progra~which would allow state income tax payers to
use as a tax credit on their state income tax return that portion of
Alaska local taxes they p~¥ for local school support.
2. The League supports efforts to amend current legislative pzograms
authorizing state funded property tax exemptions limited to certain
classes of Alaskan citizens (i.e. senior citizens, farmers, etc.) to
provide a broader, more comprehensive property tax relief program
available to all citizens of Alaska.
3. The League supports tax credit programs being ~nstalled to reduce
the net income tax paid by Alaskan residents and property owners
through the existing state income tax system.
4. The League supports legislation that will clarify the deter-
mination of the amount which is exempt under the senior citizens
property tax exemptions.
M. Loans for H~droelectric Projects
1. The League supports uninterrupted continuance of loan funds from
the state for feasible hydroelectric projects within the state and
further supports that long term, low interest loans for these projects
be funded from non-renewable resource revenues such as those presently
being generated by oil and gas receipts.
PART II
EDUCAT I ON
A. School SuppoEt
1. The Constitution of Alaska is very specific in its requirement
that education is the responsibility of the state. Therefore, the
League urges the Legislature to fund annually 100% of the costs of
Public School Foundation Program, special education, student trans-
portation (including kindergarten, hazardous bus routes and inclement
weather), and community schools. Appropriations for these prcgrams
must reflect annually the increased costs incurred by school districts
and full funding should not be used as a catalyst for the state to in-
fringe'upon the rights of local people to administer local schools.
2. The League further encourages the Legislature to continue to
support school capital projects at 80% construction level or higher
(as defined by the rules and regulations established by the Department
of Education) and calls upon the Legislature and the Governor to fund
this amount annually. The League strongly supports legtsIation that
will provide for a supplemental appropriation to fully fund the 1979
fiscal year school-capital project fund at the legislated 80% level.
The League also supports legislation under which the state will pro-
vide the 80% funding for all approved school capital projects to the
local district at the time of approval.
3. The League recommends that tb~ stat.e Legi$1at~!~ fund fully all
.: ~.-- special progr~ns.requ£red by Public Law.
.4. The League recommends that the state reduce and simplify the
paper.work requirement for local school districts receiving state
an~ federal funds.
· . 5. The League recox~ends that the state Legislature adopt legislation
to endorse and fund education programs in the area of alcohol and
drug abuse with staff training, such programs being optional by each
school district.
· 6. The League urges the Governor and the Legislature to act as soon
as possible on establishing the amount of the public school, foundation
support (basic educational unit) for the 1980-81 school year.
7. The League strongly recommends thet tho State Legialature review
and reevaluate the rural high school construction pxogram. The
League further urges that any additional £unding nmst come from a
state bond issue rather than a direct appropriation.
B. Assembly/Council-School Board Relationshfp_~s
1. The League supports legislation to clarify assembly/council-
school board relationships and opposes legislation which would
diminish assembly/council authority in education matters.
5
C. Public Communications
1. The League encourages state and federal governments to seek
immediate and expeditious activation of satellite communication
faciltiies for education in the State.
2. The Second Session of the Ninth State Legislature implemented
initial funding for limited televising of legislative sessions. The
League now urges adequate funding of the program to assure that the
general public has the greatest access possible, not only to floor
sessions, but also to committee hearings.
3. The League supports legislation that would support communities
served by television cable systems that are applying for issuance
of FCC construction permits for mini TV translators.
PART III
PUBLIC SAFETY
1. The demand for trained competent local police and fire departments
is accelerating throughout Alaska. It is urged that the Legislature,
at an early date, assure that police, fire and emergency medical per-
sonnel training programs throughout the state have adequate facilities
and program resources for training of local safety people, aud provide
financial support to assist the communities who participate.
2. Because the Alaska Police Standards Council has-last all federal
support, the League recommends the establishment of state assistance
proportional to the cost of on-going assistance to those members of
municipal police agencies attending courses in order to mee~ the
requirements of the Alaska Police Standards Act.
3. Recognizing corrections is a state function, the Leagu~ urges the
State of Alaska to fund the construction, if necessary, and the
operation of short term detention facilities within local communities.
4. The League supports legislation which would permit municipalities
to tax, assess or impose a surcharge on the distribution and/or sale
of alcohol within its boundaries.
5. The League supports legislation authorizing municipalities to
establish additional standards for the issuance, renewal and trans-
fer by the state of liquor licenses within the jurisdiction of the
municipality. '
6. The League urges the State of Alaska to establish a comprehensive
fire education progrmn, through the State Fire Marshall's office,
that will utilize professionally trained public fire educators.
7. The League urges the state to develop policies on those who are
arrested on "state charges" in Alaska. When a municipal police
officer makes an arrest for a state violation, it should be clarified
that the state has the legal and financial responsibility for the
alleged violator at the time of his arrest.
6
8. The League urges the State of Alaska to reform the Alaska Juvenile
Justice System so that the peoples' confidence in the rule of the law
will be restored and our traditional form of government will continue
to provide security for the law abiding citizen.
PART IV
LAND USE
A. Local pptions
1. The League feels strongly that laws pertaining to the powers of
local planning and zoning must allow for the greatest flexibility at
the local level.
B. Land Selection
l. The League urges (1) immediate conveyance of Native and State
lands presently identified and jointly agreed upon for selection,
and (2) the State of Alaska move expeditiously to convey lands to
municipalities. (3) The League encourages a cooperative intergovern-
mental land use planning process that considers municipal, state and
federal lands affected by the land selection process.
2. The language of chapter 180 SLA 1978, which was enacted to solve
the problems municipalities have faced in acquiring lands within
their boundaries for local management appears to contain certain
language which prevents the use of '*redesignated" mental health
lands to calculate the entitlement of "cities" which are not located
within a borough. Every effort should be made to correct this inter-
pretation by statutory amendment.
~... d(2) Lands in Alaska
1. The League supports land use recommendations which follow the
multiple use concepts, and would be based on professionally thorough
and unbiased analysis of land use potential and compatibility of
uses, giving appropriate weight to economic, social and environmental
factors.
2. The League urges that potential hydroelectric projects be elimi-
nated from federal d(2) selections by providing headwater rights,
sites for dam sites, corridors for water and electric transmission
lines, power houses, associated substations and all attendant facil-
ities. The League further supports the preservation of rights-of-way
across all land selection and classification for the purpose of
providing for future construction of public accesses of various types.
D. Historic Sites
1. In order to help municipalities to retain as much as possible of
Alaska's colorful and historic past, the League supports establish-
ment of a state matching grant program and funding for acquisition,
maintenance and rehabilitation of momuments and historic sites.
J
E. Coastal Management
1. The League supports continued and maximum local control in the
development and management of the coastal policies, coastal planning
and implementation of coastal policies.
2. The League supports the concept of "extra-territorial" planning
by municipalities in the unorganized borough with statutory provisions
to permit the Alaska Coastal Policy Council to adopt said "extra-
territorial" planning as part of the Alaska Coastal Management
Program until such time as a resource district plan is adopted.
3. The League urges the state agencies to abide by a municipality's
interpretation of coastal management standards from the time of
conceptual approval by the municipality until fiscal approval by the
Legislature.
F. Subdivisions
1. Subdivision of land is a major factor in community development
creating patterns which have long lasting effects. Although present
legislation clearly recognizes the need for regulation of subdivision,
means of enforcement are inadequate. The League supports legislation
which would require proof of approval by local authorities prior to
the filing of an instrument affecting the boundaries of land and
prior to any Judicial partition of real property.
2. The League supports legislation which would require iegal access
to all state land disposals; and that, ~xcept f~r!$tat~ subdivisions
in remote areas or for dispersed entry, local subdivision improvement
requirements be honored by the state by either installing such improve--
merits or by acquiescing in the formation of service areas and local
improvement districts containing such property and~ honoring the
obligation to pay LID assessments on such property, while it is in
state ownership.
3. The League supports the concept of an Enterprise Fund as a means
for the state to provide required improvements in:state land. disposals.
State Land Dis~qsal
1. The League supports legislation which mandates land use capability
and resource inventory findings for each tract of land included in
the disposal bank.
Il. Grazing Districts
1. The League supports legislation which delegates to local govern-
ments the establishment of controlled grazing districts within
organized municipalities.
I. Minerals
1. The League supports legislation that the state provide funds for
necessary quantitative definition studies and market analysis of
minerals other than oil and gas.
PART V
TRANSPORTATION, DOCKS AND PORTS
A. Surface and Marine Highways
1. With the ongoing development of natural resources in Alaska, the
League supports legislation which will expand the Alaska Marine
Highway to Western Alaska and improve transportation to tie the
Central Alaskan ports in with the Aleutian Alaskan ports and further
supports the expeditious procurement of an ocean going vessel to
accomplish the expansion of the Alaska Marine Highway System as
stated above.
2. Since Alaska's economy depends heavily upon ocean and inland
water shipping, fishing and other marine travel, the League finds
the existing port and harbor grant programs to be inadequately
funded and urges expansion of those programs. Major port and harbor
facility plans should be prepared and developed consonant with the
municipalities' plans.
3. The League supports efforts to provide efficiencies in the oper-
ation of the Alaska Marine Highway System providing these efficiencies
are based on publicaly available economic and technical data. How-
ever the League strongly objects to any reduction in existing marine
highway systems absent technical, economic or other criteria, strongly
urges community input be required prior to establishing marine high-
way rates, schedules and operational changes, and requests public
input for any studies affecting the operation of the Alaska Marine
Highway System be solicited on a state-wide basis.
4. With the difficulty in acquiring public rights-of-way throughout
the state, primarily due to different land classification and otmer-
ships, the League supports the identification of adequate corridors
for construction for public access through such lands and early
acquisition of adequate rights-of-way.
5. The'League supports efforts toward an expanded railroad system to
serve areas beyond the current northerly railroad terminhs and south-
easterly extensions linking the State of Alaska with Canadian rail
facilities. The League supports the extension of the existing line
to the Kenai Industrial Complex.
6. Since the Alaska economy depends on the existence of transportation
routes, the League supports the continued use and state maintenance
of the state highways and trails systems.
7. The League supports an effort by the state to improve the land
transportation service between Southcentral Alaska and the Whittier
Gateway to Prince William Sound.
8. Tile League requests that the State of Alaska support ~andatory
shipping corridors within Alaskan waters.
9
9. The League requests the state to intervene in the matter of inter-
pretation and enforcement of federal regulations pertaining to the
transportation of hazardous cargo on passenger vessels and aircraft
in order to reduce the financial penalties now imposed upon certain
communities.
10. The League supports the expeditious development of a transportation
program based on technical data with the maximum public participation
possible which identifies the needs and establishes an improvement
program for all forms of transportation in Alaska to include commercial
and private air, marine and land transportation systems and adequate
consideration for emergency airstrips.
11. The League requests that the state join in asking the President
of the United States to intervene in the interpretation of the Jones
Act bF the Customs Service, as it limits the time permitted and
number of port calls in Alaska by foreign bottom cruise ships.
12. Port Authorities: Insufficient mechanisms exist under Alaska law
to create joint port authorities, free port of entries and trade
zones. Therefore, the League supports legislation to expand the
powers of home rule and general law municipalities to create, finance
and operate port faciltiies and ancillary authorities to enhance
commerce within the State of Alaska.
13. The League requests the state provide the option for municipal-
ities to assume jurisdiction over control of the movement of local
street and highway traffic within its boundaries.
14. The League urges DOT/PF to make planning funds available to
enable all municipalities to do the transportation planning within
their boundaries that is required of coastal municipalities by the
Alaska Coastal Management Program.
15. The League requests that the state consider a transpoTtation
system comprised of marine and land highway components. This system
would embody shorter ferry runs between adjacent communities with
extensions to the land highway system and by the utilization of high
speed ferries and end-loading vessels with more frequent ferry
service with minimal on-board facilities for passengers.
16. The League supports major and minor in-state ferry maintenance.
17. The League requests the Division of [larine Ilighways improve the
ferry reservation system.
18. The League urges the state to make an increased level of road
construction funding available to all municipalities subject to
state land disposals within their jurisdictions.
19. The League supports early construction of the Sitka-Rodman Road
which would make daily ferry service available to all major communities
in Southeast Alaska.
10
F
B. Air Transportation
1. The League supports the concept of continued expansion and up-
grading of the airports and air navigational aids in Alaska.
2. The League supports municipal acquisition of federal and state
lands to provide for needed expansion of port and airport facilities
and operations.
PART VI
~NICIPAL UTILITIES
A. State Regulation
1. Alaska is undoubtedly unique among the fifty states in its pre-
ponderance of municipally-owned utilities. However, most of these
utilities are currently over-burdened because of unprecedented
growth of recent years. The League supports expeditious funding
which would make available to the various municipal utilities in the
State of Alaska low interest loans in order that they may immediately
be brought into adequate service for the people, and that the Alaska
Power Authority be adequately funded to meet the needs of the munic-
ipalities for water and power source development and distribution.
2. Despite the demonstrated ability of municipal and cooperatives'
utilities to operate their respective utilities in the best interest
of consumer public, efforts are constantly being made to subject
these utilities to regulation by the Alaska Public Utility Commission.
Regulation by the APUC is an unnecessary infringement on local govern-
ment authority as well as that of federally regulated cooperatives.
The League opposes any legislation which would continually inflict
this undue regulation by the state.
3. The League supports legislation which would make it clear that
municipalities and cooperative utilities may include construction
work in progress in the utilities rate base.
4. The League supports the concept of direct grants and low interest
loans from state funds for the construction of power and water
projects in order that rates paid by the Alaska consumer for these
necessary services may be set at a reasonable level which is within
the ability of the citizen to pay.
5. The League supports the strengthening of laws relating to the
alteration, tampering with and bypassing of utility meters.
B. Acquisition
1. One of the alleged benefits to accrue from the enactment of the
Alaska Public Utility Commission Act was the amicable solution to
the service area conflicts between competing utilities. To further
this commendable objective, the League, therefore, supports legislation
which would allow municipalities operating utilities to acquire the
facilities of a competing utility under specific terms which would
fairly compensate the competing utility.
11
C. Sewage ,Disposal
1. Amendments were passed by the U.S. Congress to allow exemptions
to the Clean Water Act with respect to sewerage disposal in tide
water with sufficient fluctuation. The League opposes any regulations
which would unduly burden the Alaska communities in receiving these
exemptions. The costs of preparing and presenting the applications
should be an eligible expense and be reimbursed by the State of Alaska.
2. The League also endorses the concept of the State of Alaska's
paying up to 75% for sewage and water systems constructed by munici-
palities under the State of Alaska Construction Grant Program.
3. The League endorses an amendment to Federal law which would allow
the operational cost of sewage treatment facilities to receive
general fund support from the State of Alaska and its municipalities.
D. Solid Waste
1. The League supports legislation which would authorize up to 50%
of the costs of capital improvements for construction of solid waste
disposal facilities by municipalities under the State of Alaska Con-
struction Grant Program. This program shall be applicable to those
facilities currently under construction at the time the Act passes.
The League also supports legislation which would allow the operational
cost of solid waste disposal systems to receive general support in
the form of state revenue sharing from the State of Alaska.
E. Fresh Water
1. The League endorses amendments to federal and state regulations
to permit waivers of the Fresh Water Drinking Standards as long as
public health is protected.
2. The League endorses a comprehensive effort by state and federal
officials to develop alternative energy sources in Alaska~ as well
as innovative and appropriate technologies including cogeneration.
Specific emphasis should be placed on the uses of these in the pro-
vision of sewage treatment and water supplies and solid waste
facilities in the State.
3. The League supports legislation which would make available funds
to municipal energy conservation programs as well as low cost home
improvement loans which demonstrate energy conservation approaches.
PART VII
51UNICIPAL ELECTIONS
A. Majority Elect~ion~
1. The League'strongly supports legislation which would permit a
municipality, with voter ratification, to opt out of the 40% plurality
requirement for election to office and which would clarify the 40%
rule for municipalities that continues to use it.
12
B. Poll Hours
1. Experience has proven that extension of polling hours has not
increased voter turnout and ha~ been costly. The League, therefore,
opposes legislation which would extend the hours beyond the present
8:00 ara to 8:00 pm.
C. Registration
1. The League opposes legislation which would eliminate or erode the
State of Alaska registration system.
2. The League supports legislation which would expand the state
voter registration laws (AS 15.07.030) to include as part of voter
history for registration and purging purposes, voting in a municipal
election.
D. Administration
1. The League supports legislation which consolidates all functions
pertaining to election, conflict of interest, campaign disclosure
reporting, and qualifications for candidates into one agency.
E. Disclosure Restrictions
1. Although the League opposes campaign and financial disclosure
restrictions imposed upon local governments, it recognizes the improb-
ability of complete repeal of these statutes. The League, however,
urges the Legislature to review and revise the law~-making the
reporting requirement less onerous than presently in. effect. The
League specifically supports legislation which would exempt from
campaign disclosure and/or financial disclosure elected or appointed
advisory boards as defined in 29.63.090.
F. Voter qualification
1. The League supports legislation which would require a person to
be registered to vote, under the state registration system, in the
municipality in which he seeks to vote.
G. Qualifications for Elective Office
1. The League supports legislation that would include provisions in
Title 29 for municipalities to set qualifications for all elected
municipal officials and to delete that section in Title 14 relating
to municipal school board member qualifications.
2. The League supports legislation that would amend Title 29 to
include reference to the requirements of AS 15.13 and AS 39.50
pertaining to qualifications of candidates.
H. Title 29 Revisions
1. The League supports legislation which would clarify AS 29.28.070(b)
to specify that signature requirements for petitions be based upon
the last regular election held just preceeding the date of first
circulation of the petition.
13
2. The League supports legislation amending AS 29.28.070 to provide
that the number of signatures required to initiate a petition for
referendum, initiative or recall be 25% of the number of voters
voting in the last regular election regardless of population of the
municipality.
3. The League supports revision of the reapportionment provisions of
Title 29 for clarification, simplification, flexibility, and autonomy
at the local level.
PART VIII
LOCAL GOVERNMENT POWERS
A. Local Autonomy
1. Because certain restrictions currently exist in the Alaska Statutes
which impede effective independent local government, the League supports
legislation which would promote more effective and independent local
government in all organized boroughs and cities, and opposes any
legislation which restricts local government powers.
2. The League supports the continued exemption of municipal officials
and employees from the lobbying reporting requirements under AS 24.25.
3. The League supports legislation at both state and federal levels
placing municipalities in an equal posture with state governments
with respect to federal anti-trust laws.
4. The League opposes state restrictions on enforcement of municipal
ordinances and supports legislation clearly establishing local
autonomy in the creation of mandatory sentences and other remedies
for violation of local ordinances.
5. The League supports the community council concept and also supports
legislation which would require that the local governing body be the
management unit for local community councils. The local governing
body should be both the requester and receiver of state funds that
will be.used to fund community councils.
B. Public Employee Labor Relations
1. The League strongly opposes any legislation which would force
municipalities to be subject to the provisions of the Alaska Public
Employees Labor Relations Act. The League opposes just as strongly,
any legislative efforts to dictate the provisions of local public
employees labor relations ordinances. Tile League supports legislation
to allow each municipality at any time to reject or withdraw from
the terms of the Alaska Public Employees Relations Act.
2. The League opposes legislation imposing binding arbitration on
local governments. Such Iegislation would hinder local governments'
ability to determine their personnel costs and prevent local govern-
ment from having complete control of determining the local tax rate.
14
C. Third Class Borough
1. The League supports elimination of language from Alaska Statutes
which would allow for the future creation of third class boroughs.
Any existing third class borough would be allowed to continue in
existence until such time as it reclassifies. The League believes
that a third class borough, as currently defined in statute, does
not meet standards for a general purpose local government.
D. Local Government Study
1. The League endorses, and strongly supports, legislative action
that would create and adequately fund a committee which would be
charged with investigating current and future state/local government
relations and finance in Alaska and the current and future status of
local government structures, specifically including the unorganized
borough. The committee shall be comprised of state administrative
officials dealing with local governments, local government officials
and residents from large and small cities and boroughs, specifically
including the unorganized borough and legislators. The committee
shall prepare a report on its findings, including proposed legislation
and constitutional changes, and shall submit the report to the State
Legislature and all local governments.
E. Public Officials
1. The League supports legislation to allow public officials of par-
ticipating municipalities to enroll in the Public Employees Retirement
System at any time during their term of office.
2. The League urges the State Legislature to extend to municipalities
that opt out of the Social Security System the right to participate
in the state's social security benefit substitute package.
A. Non-Renewable
PART IX
RESOURCES
1. The Alaska Municipal League supports a clear policy requiring the
processing of state royalty oil and gas within Alaska.
2. The League encourages a state policy requiring the distribution
and sale within Alaska, to the extent it is economically feasible,
the products of Alaska processed oil and gas.
3. In response to the energy shortage and its economic impact on the
people of the state, the League urges the federal government, the
State of Alaska, and League members to design, construct and use
their buildings with an emphasis on energy efficiency.
4. In consideration of anticipated shorages of petroleum products
for energy production, the League urges the State of Alaska to
pursue the development of Alaska's coal resources.
15
5. The League supports legislation which establishes a clear mineral
policy to encourage resource development; in-state ore concentration
and/or reduction; and protects mineral land from imposed incompatible
land uses.
B. Renewable
1. The League requests that the executive and legislative branches
of state government establish a policy requiring the development and
processing of renewable resources in Alaska and through appropriate
inventory and management practices make all renewable resources
available for development and processing on a substained yield basis.
2. The League supports legislation which would establish and continue
existing long range research and development in high value finfish
and shellfish aquaculture and enhancement and for the development of
an aggressive bottom fish program.
3. The Alaska Municipal League requests the executive and legislative
branches of our state government to accelerate market studies and
market development of Alaska's renewable resources.
4. The League supports legislation for the development of an aggres-
sive bottomfish program including substantially accelerated marketing
studies and market developemnt for Alaskan bottomfish products.
5. The League requests the legislture and Administration to adopt by
statute and for regulation the policy that hydroelectric energy is
one of the most advantageous and acceptable methods of generating
renewable energy for use by the many citizens of Alaska.
6. The League recommends legislation establishing a state energy
policy which addresses both rural and urban situations and provides
incentives to development of energy sources specific to community
needs giving preference to renewable energy sources and/o~ new
technologies.
7. The League recognizes sport fishing as an important renewable
resource which has economic as well as recreational value and should
be protected and developed.
C. Human Resources
1. The Alaska Municipal League supports and encourages, within the
confines of the constitution and human resources limitations, any
efforts on the part of the Governor and the Legislature to implement
an Alaska hire policy.
2. The League encourages the State Legislature and Administration to
use both the human resources and technical resources of the insti-
tutions of hi~her learning within the state whenever possible.
1G
PAItT X
ECONOI~II C DEVELOPI~IENT
1. The exploration, development and industrial utilization of renew-
able and non-renewable resources, both inside and outside municipal
boundaries, creates a substantial and immediate impact on the need
for municipal fa¢il£ties and services which exceed the financial
ability of most municipalities to meet ~n the short period of time
ava£1able to have such facilities and services operational. The
League urges adoption of legislation which would provide financial
assistance to municipalities which are proposed for such impacts,
2. The League supports and urges the State Legislature to establish
and provide immediate funding of programs that will create, assist,
or aid both public and private enterprises to plan, finance, and
develop job related industries, businesses, ~nd facilities that are
compatible with the desires of local government,
3. The League supports legislation that will aid in the exploration,
development, and in-state processing of Alaska's raw materials and
vast mineral wealth, and urges the state to provide state tax incen-
tives to those industries engaging in in-state primary and secondary
processing'of Alaska's resources.
4. The League supports increases in State Revenue Sharing for local
2eco~o~ic development programs.
.5. The League supports a reduc'~ion, of..$~a~_ ~egal~tiou and requirement
of redundant information reports for small businesses and local
... · .-' governments.
17
................. I II I I I I I II I IIIII I
IT¥ OF [£NAI
P. O. BOX 580 KEN,J. AL.4SKA ~611
TELEP~NE 283 - 7S3S
I
1
MEMO
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN T. DELAHAY, CITY ATTORNEY
DATE:
RE:
NOVEMBER 30, 1979
ADDITIONS TO CODE AND RECOMMENDED
ORDINANCE PROCEDURES
Dear Mayor and Councilmembers:
I am recommending that the 1979 Kenai Code be amended by
addition of ordinances patterned after Kenai Peninsula
Borough ordinances 1.08.080-130 (copy of which is attached).
Some of these ordinances should be added to clarify the Code
and its interpretations, such as making the ordinances in
the Code prima facie evidence of ordinances and the numbering
system.
The primary reason for my avocating such an ordinance a~
this time is because I believe the adoption of 1.08.100(B)
would ease the burden of Councilmembers in the study of
ordinances in their packet to determine what changes are
being made by amending ordinances. This provision, which
adopted the practices of the Alaska Legislature, provides
that in amending a previous ordinance, all new material to
be inserted in the ordinance would be underlined and any
material presently in the ordinance to be deleted would be
placed in brackets and the letters therein placed in caps.
Thus, instead of having to read a section of an ordinance
and compare it word for word with an old ordinance, any
councilmember would merely examine the ordinance in his
packet and by looking at the underlined passages to be added
and the passages in brackets to be deleted could see precisely
what change.was being made with some saving of time.
November 30, 1979
Page 2
As an example, I have prepared Ordinance 541-79 in this
format, labeled it a "draft" and attached it to Ordinance
541-79 which has been prepared at request of Council to
change limitations on financing matters requiring Council
approval. The normal presentation of Ordinance 541-79 shows
the Council what is being passed, but it does not show what
change is being made, and that can only be determined to
referring to the old ordinance and making a comparison.
However, when you read the form of Ordinance 541-79 marked
"draft" the changes are obvious where $500 is changed to
$1,000, for instance, and note particularly the changes in
Section 7.15.030. In going over this particular section, I
noted that what is presently contained in sub-section 3
should actually be shown as an exception under sub-section
1--otherwise sub-section 1 would not allow such contract or
purchase. An examination makes it obvious that a part (g)
is being added to sub-section I and that sub-section 3 is
being deleted. A comparison in the wording in these two
changes can easily be made without having to refer to the
municipal code.
Those Councilmembers who are not on the Borough Assembly and
who are not familar with bills prepared for consideration of
Alaska Senate or House may take a short time before they
completely understand the system so that they do not have to
stop to figure out which portions are being inserted and
which portions are being deleted, but this should not'take
very long and thereafter I believe the Council's work will
be simplified.
If the Council approves this modification of form and procedure,
I will prepare the necessary ordinances to place before the
Council.
Sincerely,
Ben T. Delahay /
City Attorney
BTD/md
Enclosures'
1.08.070--I.08.TM
1.08.070 Severability. of provisions. The sections,
paragraphs, sentences, clauses and phrases of this code are
severable, and if any phrase, clause, sentence, paragraph or
section of this code is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remain-
ing phrases, clauses, sentences, paragraphs and sections of
this code. (KPC ~1.05. 025).
1.08.080 Provisions--Numberi-~ sy-~-e~i---A/1--a-d-d~tions or
amendments to this code of ordinances shall be numbered in
accordance with the numbering system of this code. (Ord. 74-
58 §l(part), 1974: KPC §1.05.030(1)).
1.08.090 Provisions--Additions to code--Form. A. In
the event a new title, chapter, section, or subsection, not
heretofore existing in the code, is to be added thereto, sub-
stantially the following language shall be used:
"That the Kenai Peninsula Borough Code of Ordinances is
hereby amended by adding a new__(fill in "title, .... chap-
ter,'' "section," or "subsection") to be numbered
which shall read as follows:";
B. The new addition shall then be set out in full as
desired. (Ord. 74-58 §l(part), 1974: KPC ~1.05.030(2)).
1.08. 100 Provisions--Amendments to code--Form. A. Amend-
ments to any of the provisions of this code shall be made by
amending such provisions by specific reference to the section
or subsection number of this code in substantially the fol-
lowing language:
"That (fill in the code citation of the portions
to be amended-)-is hereby amended as follows:".
B. Following the above statement the portions to be
amended shall be set out including all language which is to
be added thereto in addition to all of the language contained
therein prior to proposed amendment with the additional lan-
: guage, including any numerals or punctuation, to be under-
. lined and with all language sought to be deleted therefrom,
including numbers and punctuation, to be enclosed in brackets
~ with all letters contained in said brackets to be capitalized.
C. In event of adoption of any such amendments, the .
clerk or revisor, in preparing the revi.,ed provisions for in-
'clusion in the code, shall delete all underlining and delete
all brackets and all material within the brackets so that the
.code will then reflect only the wording effective after the
~amendment. (Ord. 74-58 ~l(part), 1974: KPC §1.05.030(3)).
1.08. 110 Provisions--Re~?eal requirements. All title.q,
:chapters, sections or subse~ti'o'ns dosi'r~d to ~e repealed shall
uo.]zu ~ --1.08.160
be specifically repealed by title, chapter, section or subsec-
tion number or other designation, as the case may be. (Ord.
74-58 ~l(part), 1974: KPC §1.05.030(4)).
1.08.120 Provisions--Preparation of changes. In the
case of additions to this code or amendments to, or repeal
of, any provisions of this code by subsequent ordinances, the
clerk or other revisor shall prepare new pages of the code to
be placed in the proper order to show such added provisions,
to replace the amended provisions with the new provisions as
amended, and to omit the repealed provisions. (Ord. 74-58 §1
(part), 1974: KPC §1.05.030(5)).
1.08.130 Provisions--Ordinance as prima facie evidence
of change. Tile subsequent ordinances as numbered and included
or omitted in the case of repeal, shall be prima facie evi-
dence of such subsequent ordinances until this code of or-
dinances and subsequent ordinances numbered and included, or
omitted, are readopted as a new code of ordinances by the
borough assembly. (Ord. 74-58 §l(part), 1974: KPC §1.05.030
(6)).
1.08.140 Code--Alterations p.r0.hibi.ted when. It is un-
lawful for any person to change or amend by additions or
deletions, any part or portion of this code or to insert or
delete pages, or portions thereof, or to alter or tamper
with such code in any manner whatsoever, except by ordinance
or resolution or other official act of the borough which
will cause the law of the Kenai Peninsula Borough to be mis-
represented thereby. (KPC §1.05.035).
1.08.150 Resolutions--Effect and status. Ail resolu-
tions he'retofore enacted which purport to enact, r~peal,
amend, alter, enlarge or create ordinances as of the effec-
tive date of such resolutions are hereby ratified, confirmed,
validated and enacted as ordinances of the borough; provid-
ing, however, no such resolution shall have the status of
an ordinance and shall not hereby acquire the status of an
ordinance unless the title or contents of such resolution
clearly shows an intent to have the effect of an ordinance.
(KPC §1.05.040).
1.08.160 Laws of Alaska--Obedience required--Scope.
No person sh'all Viol.~'te any 'law of the state of AlaSka, nor
any rule or regulation adopted by any duly authorized agency'
of the state of Alaska; and no enumeration of particular
laws, rules or regulations in ordinances or resolutions of
the borough shall be held to be exclusive. (KPC §1.05.045).
CiTY OF KENAI
P. O. BOX 580 KENAI, ALASKA 9961 !
TELEPHONE 283 - 7535
lb~MO
TO:
FROM:
DATE:
RE:
HONORABLE MAYOR AND CITY COUNCIL
BEN T. DELAHAY, CITY ATTORNEY
NOVEMBER 30, 1979
AUTHORIZED USE OF FUNDS FOR KENAI
HARBOR DEVELOPMENT
Dear Mayor and Councilmembers:
At the last Council meeting I was requested to check on the
possibilities of the use of some of the $600,000 for Kenai
Harbor Development for planning of that development.
I have checked the statutes and correspondence involved, and
it is apparent that "planning" must be distinguished in
answering this question. The cost of feasibility studies
required in making application for a grant is specifically
not included as a "project cost." However, once the grant
is made, the funds can be used for financing, site acquisition
and rights-of-way, planning, engineering and designing,
construction, equipment acquisition and installation.
The feasibility studies which are the initial expense of the
City must show that the project is economically feasible and
also that the project is justifiable on the basis of public
convenience and necessity. This study must be conducted by
consultants, engineers, or other technical experts, who may
be officers or employees of the municipality in making
application for a grant.
The grant may not exceed 90% of project cost for municipalities
under 5,000 population.
I believe this is sufficient to give the Council guidance in
this matter.
Sincerely,
Ben T. Delahay /
City Attorney
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