HomeMy WebLinkAbout1979-10-17 Council PacketKenai City Council
Meeting Packet
October 17, 1979
Ao
AGENDA
KENAI CITY C. OL'NCIL o R£GULAR MEETING
OCTOBER 17, 1979 - 6: 0O P.~.!.
NATIONAL GUARD AR~IORY
PLEDGE OF ALLEGIA,~CE
ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS
1. Ordinance 52?-79, establishinff a capital project fund entitled #Addition to
"Fort Kenay" and increasing estimated revenues and appropriations in such
fund by $53,900.
C. PERSONS PRESEI~T SCHEDULED TO BE HEARD
1. Bh,. Robert Borgen, Street Excavation Ordinanee~
2. Mr. Richard .~lorgan - regarding attendance of Re~eaflon Dlreetm.
al City Council meetings
D. MINUTES
I. Minutes of the regular meeting of October 3, 1979
2. Minutes of the special meeting of O~tober 5, 1979
E. CORRESPONDENCE
I. MI'. James A. Elson
F. OLD BUSINESS
1. Resolution ?1)-137, ohange of ail'eat name from Wildwood £xtensicn to
Cook Inlet Drive
G. NEW BUSL'~ESS
I. Bills to be paid - bills to be ratified
2. Requisitions exceeding $500
3. Ordinance 529-79, UKenai Senior Citizen Project FY 1979-80~
4. Ol'dinance 530-79, eapitai project entitled '~¥111ow Sit'eat Lumtnairesn
5. Ordinance $$Io79, amendment to Airport lands ordinance
6. Ordinance 532-79, Tidelands Leasing Ol'dinanoe
7. Resolution 79-141, ti'snarer of funds in the amount of ~$0~ - Legal Department
8. Resolution 79-142, amending Resolution 79-131, LSR&T progl'am priorities
9. Resolution 79-143, tl'nnsfer of funds,in the amount of $~,500 ~ Shop Budget
I0. R~solution 79-144, awarding ~ontraot fol, architectural sorvioes - addition
to Fort Kenay
II. Payments to Wines, Corthell, Bvyson and F~eas
I2. Payment to USKH - Kenai Ael'i01 Photo/~1sp
13. Lease of Airport Lands ol' Facilities - Glorin June Woods and Sidney Uric
REPORT~
I. City Manager
2. City Attorney
3. l~layor ..
(a) Appoiniment to Planning Commission
4. City Clerk
5. Finance Director
$. Planning & Zoning Commission
?. K~ai Penin~la Borough Assc~ly
8. H~r Commission
PRESENT NOT SCIIEDULED TO BE I1EARD
ADJOUR.~.~IENT TO JOINT ?IEETIXG I~'ITII PLANNING COM.~.II$SION
KENAI CITY COUNCIL = REGULAR MEETING
OCTOBER 17, 1979 = 6:00 P.M.
NATIONAL GUARD ARMORY
MAYOR VINCENT O'REILLY PRESIDING
!
PLEDGE OF ALLKGIANCE
A. ROLL CALL
Present: Vincent O'Retlly, Edward Ambarian, Betty Glick and Ronald Malston.
.Absent: Miehael Seaman, Philip Abex' and Raymond Measles
AGENDA APPROVAL
Approved as distributed
B. PUBLIC HEARINGS
B-h Ordinance 527=79
Mayor O'Reilly read Ordinanee 527-79 by title only. nAn ordinance establishing a
capital project fund entitlednAddition to Fort Kenay" and tnoreasing estimated revenues
and appropriations in such fund by $§3, $00."
There was no public comment.
MOTION:
Councilwoman Oliek moved, seconded by Couneilman Malston, for adoption of
Ordinance 52?-?9, establishing a capital project %ddiflon to Fo~t Kenay".
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-l: Mr. Richard Morgan
Mr. Morgan, Chairman of the City Recreation Commission, came before Council to
recommend a change in policy wherein City Depai~ha~ent Heads are required to at~end
all Council meetings and, in particular, the Parks and Recreation Director being
compelled to attend when he has to be in attendance at several evening activities for the
recreation program. Mr. Morgan stated that Mr. McGillivray was vitally needed at these
other activities ~ attend meetings of the Council would sometimes have a
conflict ~~-'~'~ ~'i'~--~'~
Councilman Ambarian racommended that such requests go through the Administration
as it was a matter for them to bring before Council.
D. MINU~S
10/17/79 - Page Two
D-2:
Minutes of the regular meeting of October 3, 1979
Approved as corrected.
Minutes of the special meeting of October 5, 1979
Approved as dist/-ibuted
E. CORRESPONDENCE
l~-l: James A. Elson
Mayor O'Reflly acknowledged receipt of correspondence from Mr. Bison relative to
the advertising of ordinances that are set for public hearing.
F. OLD BUSINESS
F-B Resolution 79-137
MOTION:
Councilwoman Olick moved, seconded by Councilman Malston, to bring the matter of
Resolution 79-137 back from the table.
Motion passed unanimously by ton call vote.
Mayor O'Reilly opened the meeting to the public and there was no comment.
City Attorney Sehlereth advised that Mr. Miller of KNA was contacted and had no objection
to the change in the name of the street and further that the street dedication should be taking
place in the very near future.
MOTION:
Councilwoman Gliok moved, seconded by Councilman Ambarlan, for adoption of
Resolution 79-137, approving the recommendation of the Kenai Advisory Planning and
Zoning Commission to ehange a street name within the City of Kenat from '",~ildwood
P-xtansion" to "Cook Inlet Drive"
Motion passed unanimously by roll call vote.
G. NEW BUSINESS
G-l: Bills to be paid - bills to be ratified
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for approval of
bills to be paid and bills to be ratified as submitted in the Council packet.
Motion passed unanimously by roll call vote.
10/17/79 - Page Tlu'ee
I I' II I , I I= E -"
G-2: Requisitions exceeding $500
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
requisitions exceeding $500 as submitted.
Motion passed unanimously by roll call vote.
G-3: Oz. clinance 529-?9
Mayor O'Retlly read Ordinance 529-?9 by title only. "An ordinance increasing estimated
revenues and appropriations in the special revenue fund entitled "Kenai Senior Citizen
Project FY 1979-80' in recognition of a giant increase from the State of Alaska".
MOTION:
Councilman Malston moved, seconded by Councilman Ambarian, for introduction of
Ordinance 529-79, increasing revenues/appropriations in the Kenat Senior Citizen
Project FY 1979-80.
Motion passed unanimously by roll call vote.
G-4: Ordinance 530-79
Mayor O'Reilly read Ordinance 530-79 by title only. "An ordinance increasing
estimated revenues and appropriations in the capital project fund entitled "Willow Street
Lumina?res' by $13,042.'
MOTION:
Councilman Ambartan 'moved, seconded by Councilman Malston, for introduction of
Ordtn~uce 530-79, increasing revenues/appropriations in the Willow Street Lumina?res
fund by $13,042.
Motion passed unanimously by roll call vote.
G-5: Ordinance 531-79
Mayor O'ReiUy read Ordinance 531-79 by title only, "an ordinance amending the leasing
of Airport Lands Ordinance.'
MOTION:
Couneilm~n Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 531-79, amending the leasing of airport lands ordinance.
Motion passed unanimously by roll call vote.
G-6: Ordinance 532-79
Mayor O'Retlly read Ordinance 532-79 by title only. "An ordinance establishing a
procedure for the leasing of tidelands."
· t0/17~'79 - Page Four
~-~ MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordtnanee 532.-79, establishing a procedure for the leasing of tidelands.
Motion passed unanimously by roll call vote.
G-7: Resolution 79-141'
Mayor O'Reilly read Resolution 79-141, transferring $300 in the Legal Department budget
to provide funds for subscription books.
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-I41, transfer of funds within the Legal Depa~ment budget in the amount
of $300.
Motion passed unanimously by roll call vote·
0-8: Resolution 79-142
Mayor O'Reilly read Resolution 79-142 by title only. 'A resolution amending Res. 79-131
which established priorities for Local Service Roads and Trails (LSR&T) program funds."
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for adoption of
Resolution 79-142, amending Res. 79-131, which established priorities for the Local Service
Roads and Trails pro.'am. ,
Motion passed unanimously by roll eall vote.
Resolution 79-143
Mayor O'Reilly read Resolution 79-143, transferring $2,500 in the Shop budget to provide
monies to repah, the transmission of Unit No. 13, Fire Truck.
There was no public comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Gliek, for adoption of
Resolution 79-143, transfer of funds in the amount of $2,500 in the Shop budget.
Motion passed unanimously by roll call vote.
Resolution 79~144
10/17/79 - Pege Five
Mayor O'Reilly read Resolution 79-144 by title only. "A resolution of the Council awarding
the contract for architectural services in design of the addition to Fort Kenay to Cax-men f
Gintoli, Architect."
There was no ~ublic comment.
MOTION: -
Councilman Malst~n moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-144, awarding addition to Ft. Kenay to Carmen Gintoli foe architectural
services provided.
Motion passed unanimously by roll call vote.
G-Il: Payments to l¥tnce-Corthell
MOTION:
Councflwonmn GHck moved, seconded by Councilman Ambarian, for approval of payments
to Wince, Corthell, Bryson and Freas as follows: ?9-9-4 in the amo~mt of $3,947.16 and
?9-0 in the mount of $I1,640.71.
Motion passed unanimously by roll call vote.
G-12: Payment to USKH
NOTION:
Couneflm,n Ambarian moved, seconded by Councilwoman GHek, for approval of
payment in the amount of $22,410 to Unwin, Scheben, Korynta and Huetfl for services
provided in the Kenai Aerial Photo/Map project.
Motion passed unanimously by roll call vote.
Gl3: Lease of Ah'port Space
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
lease of Airport Terminal space (Lobby Space No. 31), 300 squat, e feet for annual
rental of $2 ,I60 to Gloria June Woods and Sklney Urie.
Councilman Ambarian requested that the clause relative to the City moving the facility
ff need be also be included within the lease document.
Motion passed by roll call vote with Councilman Malston voting no.
H. REPORTS
H-l: City Manager
(a)
Acting City Manager Charles Brown advised Council that CH2M Hill would like to meet
with the Public Woeks Committee from Council to discuss items and negotiate their
contract for the Step III project.
iiI. ~10/l~'j 79 - Page Six
Ii-2:
City Attorney
City Attorney Schlereth advised that he would have a report at the next meeting relative
to a Federal tax lien that has shown up on the Lockheed Constellation.
Mr. Schlereth also requested that Council consideration be given to the City Attorney
applicants as sooli as possible so that interviews could be scheduled.
H-3: Mayor
Mayor O'Reilly requested, with Council concurrence, that a special meeting of Council
be set on Tuesday, October 23rd for the purpose of discussing the revenue sharin~
programs and depa~-h~ental requests, City Attorney applicants and the interviewing
and selection of a City Clerk.
H-4: City Clerk
H-5:
City Clerk Sue Peter advised that she had received a telephone call from Mr. Charles
Brodigan of Social Security who had received a letter from the Fire Chief indicating
that the Social Security representatives could no longer utilize the Public Safety Building
on their monthly visits to Kenai. City Clerk Peter requested Council input as to another
facility in order to assist the Social Security representatives in their search for new
c~uarters.
l~inance Director
None
H-6: Planning & Zoning Commission
None
Assembly
Councilman Ambarian advised that one item in particular of interest to Kenai is that
the public hearing relative to the rezoning of Tract B, the site for proposed Care Center,
has been set for October 30th.
H-8: Harbor Commission
Of interest relative to the Harbor, the consultants hired by the Borough have been
asked to return and address the problems of the Kenai port.
I. PERSONS PRESENT NOT SCHEDULED TO BE ItEARD
(Mr. Borgen was scheduled under Persons Present earlier in the evening but was not
present to give his presentation. )
Mr. Borgen stated that he wished Council consideration to the enforcement of the
excavation ordinance as presently the City is not enforcing the requirement that all
lO/17/79-Page Seven
excavators must have a proper permit obtained through the Public Works Department.
Mr. Borgen stated that he had advised the Public Works Department on several occasions
of violations taking place and nothing had been done. Councilman Ambartsu requested
that the matter be referred to the Public Works Committee from Council for consideration
at theh' next meeting.
H-9: Public Sgorks Co.mmittee from Council
Councilwoman Glick advised that the Committee hsd addressed the problem of
the seem*ity in the long-term parking lot at the Airport and after much diseussicn
relative to a solution, it was de~lded that additional lighting eould be installed which
would greatly aid in alleviating the problem. Councilwoman Gltek advised thai
HF~ had been contacted to install the Hghting which would cost the City $25]pole.
Councilwoman Gliek also advised that the Committee suggested that when funding wes
available, the City should consider fencing the long-term parking area.
MOTION:
Councilman Ambarian moved, sesonded by Councilmo__n Malston, to direct Public Works
to proceed with the inst-_ H_atton of ten lighting poles at the Kenai Municipal Airport
including two lights on the south end of the
Motion passed unanimously by roll call vote.
Couneilwom~r~ Glick stated that one other item pertaining to the long-term parking area
was the suggestion to advertise for a franchise to rent out the parking lot and determine
if there was any interest.
MOTION:
Councilwoman Gliek moved, seconded by Councilman Ambarlan, to instruct
Administration to advertise for franchise fer rental of the long-term parking lot
which would involve such items as snow removal, parking of ears, sec~u'ity and so
Motion passed urm~tmo~sly by roll call vote.
There being no further business, the meeting adjourned at 7:25 p.m.
Respectfully submitted,
Sue~C. Peter, City Clerk
AGENDA
KENAI CITY COUNCIL - SPECIAL MEETING
OCTOBER 23, 1979 - 7:00 P .~I.
KENAI COM~JNITY LIBRARY CONFERENCE ROOM
PLEDGE OF ALI~GIANCE
A. ~LLC~L
B. N~¥ BUSINESS
1. Interview and selection of City Clerk
2. Discussion and scheduling of City Attorney ~pplicants
3. Discussion - utilization of Federal Revenue Sharing funds
C. ADJOURNMENT
' ' 1
K~NAI CITY COUNCIL - SPECIAL MEETING
OCTOBER 23, 1979 - ?: 00 P.M.
KENAI COlVI~IUNITY LIBRARY CONFERENCE HOOM
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
ROLL CALL
' 7 ....... Ilql'l - ~ ' 'T,T I I' I * I I I
Present: Michael Seaman, Philip Abet, Edward Ambarian, Betty GHok, Ronald
Malston, Raymond Measles and Vincent O'Reilly
Absent: None
ii /
B. NE$¥ BUSINESS
B-l: Intez~rlew and selection of City Clerk
Mayor O'Reilly presented an evaluation system by which the Council members could
rote eaeh applteant. The evaluation broke down ss follows: Education and baekgt'ound -
I0 points; Alaska residency - 10 points; understanding of government - 10 points;
secretarial capability - 30 points and business/government experience - 40 points.
The following candidates were interviewed: Samantha Collins, Lenore Jones,
Nancy Walters and Janet Whelan. The candidates were advised that the interviews
were public and they could be present for one anothers interviews f/they so wished,
however, atl candidates departed from the Council room & met individually with Council.
Upon tabulation of the final evaluation, Mrs. Janet Whelan was offered employment with
the City of Kenai as City Clerk at a beKinning salary of $20,500 which will be reviewed
within the next few months for increase.
Couneilman Ambarian suggested that Acting City Managqr Charles Brown strongly
consider appointing a replacement to the position of Administration Assistant as soon
as possible. Couneilman Malston suggested it be left to the Acting City Manager, however,
the Couneil could indicate no opposition in his f'filing the position.
MOTION:
Councilman Ambartan moved, seconded by Councilman Measles, that the Kenai City
Council hereby recommend to the Administration to fill the post of Administration
Assistant at the discretion of the Acting City Manager.
Motion passed with Councflmembers Gliek and Malston voting no.
Acting City Manager Charles Brown advised that he would talk with City staff members
to determine if there was an urgency in filling the position p~ior to the appointment of
a new City Manager.
B-2:
Discussion and scheduling of City Attorney applicants
City Attorney Schlereth advised that six applications had been received and he felt
they could be narrowed down to three as two applicants were not members of the Alaska
I0/~3/79 ~ Page Two
Bar and the other was a firm offering their services under contract to the City.
City Attorney Schlereth requested Council approval to contact the three individuals,
most preferably the two that are presently residing in Alaska, and schedule an inter-
view as soon as possible.
Council concurred that a meeting will be held at 12:00 noon in the Public Safety Building
on Saturday, October 27th for the purpose of interviewing City Attorney applicants
Joyce Rivers and Ben Delabay.
Discussion - Federal Revenue Sharing funds
After lengthy Council discussion the following items were considered for inclusion
in the appropriating ordinance:
Fire Department - squad truck - $18,000; Library - MierofiIm/microfiche - $6,135;
Parks & Recr~flon - Playground P-quipment - $11,978, Wood chipper - $4,750,
fencing- $10,000; Shop - engine analyzer - $5,500, electri~ door openers- $9,000,
City's share (lube rack/shop addition ~ $40,000; Streets - guardrails for bluff - $12,000,
snow blower (used) - $32,800, quick coupler - $3,000, welder - $6,000, one dump
t~uek - $?0,000, pavement saw with blades - $1,500, parts for repair of distributor
truek - $10,000, mobile o~sphalt reeyeler - SH ,000; Animal Control - fencing and
road to facility - $9,500; Clerk - small tape recorder - $I ,000; Building Maintenance -
addition to shop for use as building maintenance shop - $20,000; Water & Sewer -
mini pick-up - $6,000, dewatertng equipment - $12,000, portable generator - $6,500.
The total for the foregoing is $304,664.
Council directed Administration to prepare the proper appropriating ordinance
to provide for the utilization of the Federal Revenue Sharing funds as requested
by the individual departments and the difference in the requested amounts above
and the siloaation received by the City to be held in contingency. ~
ADJOURNMENT
There being no further business to be brought before Council, the meeting adjourned
at 10:I0 p.m.
RespsctfuHy submitted,
Sue/C. Peter, City Clerk
AGENDA
KENAI CITY COLrNCIL - SPECIAL MEET[NO
OCTOBER 27, 1979 - 12:00 .NOON
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ~_LT.V. GIANCE
A. ROLL CALL
NEW BUSINESS
1. Confirmation of new member to the Kenai Advisoz.y Planning
and Zoning Commission
2. Inter~riewtng of City Attorney applicants & possible appointment
ADJOURNMENT
KENAI CITY COUNCIL
OCTOBER 27, lg7g - 12:00 Noon
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OP ALLEGIANCE
ROLL CALL
Present: P~fl Aber, Ed Ambarian, Betty Glick, Ray Measles, Ron Malston,
Vincent O'Reilly, Mike Seaman
Absent: None
AGENDA APPROVAL
Mayor O'Reilly requested three additions to the agenda.
1. Discussion of letter from Snow Recruiters
2. Discussion of City of Kenai Comprehensive Plan
3. Discussion of City Hall Facilities
Councilman A~barian requested that each item addition be considered
separately. The Council agreed.by roll call vote.
1. Snow Recruiters - Council accepted.
2. Comprehensive Plan - Council accepted.
3. City Hall - Objection by Councilman Ambarian, addition denied.
B-1:
Confirmation of new member to Planning and Zoning Commission
Mayor O'ReiIly proposed James Blanning. Council concurred by voice
vote. City Clerk was directed to compose a letter to Mr. Blanning
indicating confirmation, and to inform the Planning & Zoning Co~nission
Chairman.
B-2: Interviewing of City Attorney Applicants.
Atty. Schlereth requested a presentation from Ms. Rivers. Council
had no objection.
Ms. Rivers stated she wished to withdraw her application. Family
considerations and an offer in Anchorage were the deciding factors.
She would like to be considered next time. Mayor O'Reilly accepted
for the Council and wished her the best of luck.
Council approved by voice vote the criteria for applicants set up
by Mayor O'Reilly.
Mr. Delahay gave a statement to the Council.
Mayor O'Reilly asked the Council if they wished to accept the appli-
cation of Mr. Delahay, or consider Daniel Allen. Councilman Ambarian
stated he felt we should have a comparison. Councilman Abet agreed.
MOTION:
Councilman Malston moved, seconded by Councilman Measles that the
KENAI CITY COUNCIL
OCTOBER 27, 1979
Page 2
Council hire Mr. Oelahay in~nediately with salary to be negotiated.
Motion passed with Councilmen Abet and Ambarian voting no.
Salary was Jiscussed. Mr. Delahay stated he felt the $30,000 to $35,000
figure was too low. Atty. Schlereth stated he was making $37,500 per
year. Councilwoman Glick stated the $3500 per month requested by
Atty. Delahay was $42,000 per year. She felt the salary should be
$37,500 because of the budget. Councilman A~barian agreed. Atty.
Delahay accepted, but reminded the Council he did not need any moving
expenses. Councilman Ambarian noted the Attorney, City Clerk and
City Manager are not subject to scheduled raises, this is negotiable
with Council. Atty. Delahay said four or five years ago, the City
finances were tight, but this situation is better now. He is willing
to wait for renegotiation in one year.
Mayor O'Reilly asked if he was planning to go to Municipal Leaguein
Sitka next week. Atty. Delahay said yes. He stated he would like
to use his credit card and request reimbursement from the City so
that he could have flight insurance. Mayor O'Reilly agreed he could
make his own arrangements, and contact the City Clerk if he needed
any help.
Atty. Schlereth noted there would be an overlap problem, there would
be two salaries on the budget. The Council will need an ordinance
to arrange payment, he would be willing to work part time. Atty.
Oelahay said he would be gone next week, but he needed time to work
with Atty. Schlereth. There should be some training time. Council-
man Ambarian said we would need Atty. Schlereth two weeks full time.
Mayor O'Reilly said he should check with Acting City Manager Brown
to get funds. Councilman Measles asked if there were funds in'the
budget for an assistant. Atty. Schlereth explained that the funds
were low because of the contract assistance we have had with the
Constellation sale and the newspaper suit.
B-3: Letter from Snow Recruiters
Mayor O'Retlly explained this letter is a follow-up from a phone
call from Snow Recruiters. Councilman Malston asked how many appli-
cants we have for City Manager. Mayor O'Reilly replied he didn't know.
MOTION:
Councilman Ambarian moved, seconded by Councilman Abet that we accept
the offer from Snow Recruiters. Councilman Ambarian then stated he
would Vote against it. He prefered direct contact with the applicants.
Also, there is a 25~ fee on the 1st year salary, and there are many
applicants we won't need to bother with. Councilman Malston said
he would like a background check only. Councilman Abet said most
firms charge 25~ if we hire in one year. Mayor O'Reilly gave the
chair to Councilwoman Glick. Mayor O'Reilly then suggested we not
pass or defeat the motion. We should use part of the offered services
or other similar firms. Can the Council delggate authority to another
agency? He would like verification on resumes, information given
KENA! CITY COUNCIL
OCTOBER 27, 1979
Page 3
to Counciq, and other information necessary for review. Then we
could negotfate the fee.
MOTION: .
Mayor O'Reflly moved, seconded by Councilman Measles that we table
the morton to a ttme certain when we can invite Ms. Emertck, and
see what she would be willing to negotiate.
Motion passed with Councilman Ambarian and Councilman Seaman voting
no.
Mayor O'Reilly then returned to the chair. He then asked the City
Clerk to compose a letter to Ms. Emerick asking her to submit (at
her expense) what could be offered to the Council. Councilman Abet
suggested the Council talk to the other recruiters. Mayor O'Reilly
said he would write a letter to the other recruiters.
B-4: Discussion of Kenai Comprehensive Plan
Mayor O'Reilly gave the chair to Councilwoman Glick. Mayor O'Reilly said
the Chamber of Coanerce feels the coanunity interests are involved.
There is a boycott proposed. They want action from the Council to
the conmnunity. He suggested the Council empower himself or a coanittee
to announce to the radio and the papers the position of the Council.
Mayor O'Reilly then presented a position paper he had composed. He said
hewould like to broadcast Monday or Tuesday, and release it to the
press at the same time. Councilman Measles stated he didn't ever
see the addition of Ntktski. Councilman Malston noted that part of
what is listed in the plan as North Kenat is actually Redoubt, and
this is already in the city limits. Councilman 6bet said that #2
in the statement, mentioning revenues, should not be worded quite
that strong. With the proposed industrial water line and plants
revenue, we can't predict what will happen. Council Malston said
we should word it as strong as we can, the industrial water line will
be Borough, not City. Atty. Schlereth suggested he and Atty. Delahay
go over the wording together. There are State statutes on the wording.
Councilwoman Glick said we would need to petition the Boundary Conmnission
to annex, then vote. She asked if we can annex if we provide services
only. Atty. Schlereth did not know. Atty. Delahay said we would need
an affirmative vote in both areas, or the Boundary Commission can
approve it. It is possible, but it must be in the best interests of
the coanunity. Councilman Abet said he felt we were tying future
Councils, it shouldn't be that strong. Mayor O'Reilly said he agreed
with Councilman Abet, but the City revenue is sufficient under present
knok.~ conditions, and annexation would cost the City money. Attorney
Oelahay said the statement was for the foreseeable future, but that
things could change. Councilman Abet noted the new gas wells brewing
that could also change the situation, and that people Would remember
what is said. Councilman Malston suggested we delete any reference
to annexation in the plan.
I1'[[ I'll
KENAI CITY COUNCIL
OCTOBER 27, 1979
Page 4
MOTION:
Mayor O'Reilly moved, seconded by Councilman Seaman, that a statement
be distributed via radio and newspapers, after review by the attorneys.
Motion passed, with Councilman Abet voting no. Councilman Ambarian
had to leave cluring discussion, and did not vote.
Mayor O'Reilly noted that a gas well discovery may mean areas will
want to annex. Our main concern, however, is inside the city, not
to those outside. Pacific Alaska could use our municipal bonding
power, and the IRS may require we annex to use our bonding power.
But we should specify it would be on_QB JilL for Pacific Alaska use, not
subject to taxes and not in the city limits. Councilman Malston
noted that the plan is a guideline, in three or four years, there
will be another one. Councilwoman Glick noted State statute requires
an update every two years. Mayor O'Reilly reiterated that if any of
the mentioned situations were problems, annexation would be necessary.
But the plan did not. Councilwoman Glick suggested spheres of influ-
ence. An example is: VIP subdivision is in the city limits, their
zoning request was turned down (to have commercial), this wasn't fair.
There was business near, but the people in the City are penalized.
Both sides should work together, this is not annexation. The City
should work with N. Kenai on the industrial water line, this is not
necessarily annexation. The Pact with N. Kenai for fire department,
is not undercover for annexation. In spite of the controversy on
the radio, only 19 people came to the public meeting. If the news
media was really concerned, neither radio nor papers showed up. Atty.
Schlereth spoke as a citizen, he asked why add flame to the fire,
forget it. Is there any reason to pursue this? Mayor O'Reill~ re-
plied at the Chamber luncheon there were comments made referring to
an economic boycott. Councilman Abet agreed with Atty. Schlereth.
Several years ago, a similar motion was made and sent to the papers.
It has been already forgotten. Councilwoman Glick said she resented
the fact the N. Kenat people are threatening the business men. We
are trying to do what's right. Councilman Malston remarked he concurred
with her. The retail merchants noticed a decline the last time. It
is the obligation of the Council to put minds at ease, but it may not
work. Atty. Oelahay agreed with Atty. Schlereth. The Council has to
set policy, when sales drop, the tax drops, and this affects the City.
But it is better to ignore it and drop the section involved when the
plan is proposed. Mayor O'Reilly said he would get the notice to the
radio and the papers.
ADJOURNMENT
Meeting adjourned at 2:15 PM.
Respectively submitted,
J~het' '
~ity Clerk
1979
Mayor 9ince O'Rilley
Jify of Kenal
Kenai, Alaska 99611
Dear ~yor O'Rtlley,
RE: CITY OF KENAI CO:4PREH~ISlVE PLAN
The Nikiski Anti-Annexation Committee respectively
requests a deletion of pages 1~6, entitled ~$pheres
of Influence", Para~aph A, B, and C, page 1~?, fl~re
37, page 1~8, "The Rationale and Analysis- Area I, page
159, figure 38, page 160, Area ~, 3, ~ and 5, page 161,
Area 6 and D "Recommendations,,. Al~o we request that
any on-going study and analysis of the North Kenai/Nik-
iski area be eliminated, and a written statement of policy
from the Kenai City Council regarding annexation from the
October ~6th, 1979, meeting of the council be incor-
pora~ed into the Comprehensive Plan.
Thank you for your consideration.
:ir. Barton Butler
~hairman
;;ikiski Anti-Annexation Committee
~/k~
~ena~. Peninsula Borough Assemb~
~ayo~ Don Gil=an, Kena~ Peninsula Borough
~laska State Boundary Commission
~enator Clem Tilllon
l~epresentative Hugh Malone
~epresentative Pat O'Connell
Community and Re~tonal Affairs Committee
~t~ S~e 1,8~,54 Octob~ ~e ~e~ice garl~s ~n~t~
~rat~ ~1 ~ny 4,140.12 ~pr~r ~tural ~s Irust 0 ig~y In lru~t 4,140,12
Un~n Oil ~p~y 4,141.46 S~t~r ~tural ~s Trust b Ag~y In Trust
City El~tric f02.80 ~atr at Vell No~ P2 ~ & 5 R~alr b ~lflc~e ~2.80
~1~ Fuel ~e 744.~8 5~e O11 5t~p ~attfli ~uppl~
XBN 502.91 ~st ~1~ ~1 Var~ Prl~ci~ & ~i~to~ ~O2.~1
~S~ 1,262.83 ~to~r ~s Var~ Ur IIIc~m 1,126.P~
~air H~t~ ~t~ Airp~t ~ Rc~alr b ~tnt~e 136.03
~r E~tr~ 1,012.00 3 P~ ~rvice ~-Lift S~t~ ~at~ ~tr~c~ 812.~ 10~
~tre Tr~sf~r ~-Ltfc S~ti~ ~at~ ~t~uct~ 2~.~
~ UttXtt~ 1,4~.92 Pipe/Fitt~/~upXtfl~ V & S ~air/~/nt. Su~I~ 1,4~,92 ~t72
~at~ 3,159.20 ~b~ Janl~r~l Se~iceo Te~i~l Profem~i~X 5~vlceo 2,693.~
~ J~i~r~X ~kes Libra~ Prof~s~l ~v~s 4~.~ 1~56
~o~ 858.00 ~1 ~at ~dto lirp~t ~in. ~hin~ 6 ~ui~t 8t8.~
~ ~air Fire ~air & ~t~ ~0.~ 109~1
T~ C~ck ~air ~t~ ~ir 6 ~~ 70.~ 1~78
State of Alaska
¢itF of ~i-EDA
C~ I~ur~
CI~ of
~I,71~oZ7
1.107.~f,
3,611.00
3,69~.00
3,0~8
6~.20
I~967.87
8,0S7.~
2~0,~0.00
10695
J'~-ta~e & As~aciates
g~nal ~all Travel
~ldtt~al ~orvey & Flatttn~oTract D
Air Fare to Portland ~rk~hop for
~5ilrlla& 3f~gol~erto~
~,rant Application for STP/Interceptor/
Outfa/l ~tep II! ~,rant
~o~Depa r tr~c~t.a 1
Professional ~ervices
Operatio~ Supplies
Transportatic~
695,0~
CP--STP Com~truct io~
Arch ~ag Basic Fee
CITY OF KENAI
ORDINANCE NO. 533-?9
AN ORDINANCE OF THE, COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REV]~N~JES AND APPROPRIATIONS IN THE. FED]~RAL REVENU~ SHARING
FUND BY $306 , 750 o
II~IEREA$, the Council of the City of Kenai has reviewed in a special Cotmeil meetinp/
requests from City Department Heads for appropriations of Federal Pevenue Sharing Funds,
and
WHEREAS, determination has been made concerning the desirability of and the need for
the purchase of certain assets for the City, and
WHEP~A~, based upon information from the U. S. Department of Treasm-y, adequate funds
will be av_~i!~ble in the form of Federal Revenue Sharing for these improvements, and
I~II~B, proper accounting practi~es 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:
.Set'don I: The 1979-80 Annual and Capital Projects budgets of the City of Kenai
be amended to include the items in categories as Hated on Exhibit A. which is atta=hed
and made a pa~t of thi= o~dinance.
Section 2.
Estimated revenues and appropriations be increased as follows:
Federal Revenue Sharing Fund
· lnc=ease ]~sttmated Revenues:
Contribution from Fund Balance
Federal Revenue Sharin~
$134,060
,, 7.?2,690
ln~rease Appropriations:
Transfers to General Fund
Transfers to Water & Sewer Fund
Transfers to Capital Projects
$224,250
24,500
58,000
__$_306,750
ORDL'gANCE NO. 533-79, P~ge Two
General Fund
Increase Estimated Revenues:
Transfer~ from Federal Revenue Sharing Fund
Increase Appropriations:
Fire ~ Mechfnery & Equipment
Librar~ - l~lachtnery & Equipment
Parks & Recreation ~ Machinery & Equioment
Pa~ks & Recreation - Improvements Other
Than Buildings
Shop - Buildings
Shop - Machinery & Equipment
Streets - Improvements other than Buildings
Streets - Machinery & Equipment
Animal Control - Improvements Other
Than Buildings
City Clerk - Machinery & Equipment
Water and Sewer Fund
lnerease Estimated Revenues:
Transfers fi'om Federal Revenue Sharing Fund
Increase Appropriations:
Water & Sewer - Machinex~j & Equipment
S, hop Addition Cal)ital Project Fund
Increase Estimated Revenues:
Transfer from Federal Revenue Sharing Fund
Increase Appropriations:
Administration
Construction
Contingency
$224.250
$ 20,000
6,200
16,750
10,000
9,000
5,500
12,000
134,300
9,500
1,000
~224r25~
1,500
46,500
10,000
ORDINANCE NO. 533-79, Page Three
"EXIIIBIT A"
List of Federal Revenue Sharing Appropriations by asset name:
Department Item Amount
General Fund:
Deut. Total
Water
Fire Squad Truck $ 20,000
Library Microfilm/microfiche 6,200
Parks & Rec. Playground Equioment 12,000
Parks & Rec. Wood Chipper 4,750
Parks & Rec. Fencing I0,000
Shop Electric Door Openers 9,000
Shop Engine Analyzer 5,500
Streets - Guardrafls 12,000
Streets Snowblower 32,800
Streets Quick Coupler 3,000
Streets Welder 6,000
Streets Dump Truck ?0,000
Streets Pavement Saw with blades 1,500
Streets Asphalt Recycler 11,000
Streets Pump for Distribution Truck 10,000
Animal Control Fencing and Road 9,500
City Clerk Tape Recorder 1,000
Sewer:
20,000
6,200
26,750
14,500
146,300
9,500
1,000
Water & Sewer Pick-up t~uek 6,000
Water & Sewer Dewatering Equipment 12,000
Water & Sewer 3-phase Generator , 6,500
Capital Projects:
24,500
Shop Shop Addition 58,000 _58.000
PASSED BY TI~ COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November
1979.
ATTEST:
Janet Whelan, City Clerk
VINCENT O'REILLY, 1V~,YOR
FIRST READING: November 7, 1979
SECOND READING: November 21, I979
EFFECTIVE DATE: November 21, 1979
CITY OF KENAI
ORDINANCE NO. 534- 79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF .KENAI, ALASKA INCREA.~ING ESTIMATED
REVENUES AND APPROPRIATIONS IN THE SHOP ADDITION CAPITAL PROJECT FUND BY
$47,298.
WI~REAS, the City of Kenat received a grant from the U. S. Economic Development Admini-
stration ~DA) for the winterization of the Airport Terminal in the amount of $50,400, and
~HERF, AS, the project was terminated after accrual of $3,102 of this estimated revenue, and
WHEREAS, EDA has authorized that the unused revenues of this grant be applied to the
eons~ction of an addition to the City Shop, and
WHEREAS, $58,000 of Federal Revenue Sharing monies has also been appropriated to the
Shoo Addition project, and
WHEREAS, proper accounting practices require that all appropriations of City monies be
made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations in the Shop Addition Caoital Project
Fund be increased as follows:
Increase Estimated Revenues:
Federal Revenues $47,298
Increase Appropriations:
Construction $47,298
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21th day of November,
1979.
ATTEST:
VINCENT O'tlEILLY, MAYOR
Janet Whelan, City Clerk
FIRST READING: November 7, 1979
SECOND READING: November 21, 1979
EFFECTIVE DATE: November 21, 1979
CITY OF KENAI
ORDINANCE 535-'/9
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS IN THE 1979-80 ANTI-RECESSION ~SSISTANCE
FUND IN THE AMOUNT OF $5,000.
WHEREAS, under regulations of the Revenue Sharing Act and under the loan agreement
with the Departmen~ of Housing and Urban Development, the City is required to have
financial and complt~tee audits performed by independent auditors at its Federal
Revenue Sharing Fund, Anti-recession Assistance Fund, and the Airport Terminal
Enterprise fund for the fiscal year ended June 30, 1979, end
T~IEREAS, the City of Kenai has monies available in the Anti-recession Assistance Fund
for audit purposes, and
WI-I~, 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 ss follows:
Anti-Recession Assistance Fund
Increase Estimated Revenues:
Contribution from Fund B~lance
Increase Appropriations:
Transfer to Airport Terminal Enterprise Fund
Professional Services
$5,__ooo
$1,500
3,500
$5.000
Air~ort Terminal Fund
Increase Estimated Revenues:
Transfer from Anti-Recession Assistance Fund $1,500
Increase Appropriations:
Professional S/~rvices .$1.500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of November, 1979.
ATTEST:
Janet Whelan, City Clerk
VINCENT O'I~J~ILLY, MAYOR
FIRST READING: November 7, 1979
SECOND READING: November 21, 1979
EFFECTIVE DATE: November 21, 1979
CITY OF KENAI
ORDINANCE NO. 536-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AMENDING THE KENAI CODE OF 1979 BY ADDING THERETO A CHAPTER
OFFICIALLY ESTABLISHING THE KENAI MUNICIPAL LIBRARY.
WHERF~S, the City of Kenai has recently updated its Code of
ordinances as set forth in the Kenai Code of 1979, and
WHEREAS, it is ahticipated that the Code ordinances of the
City of Kenai shall undergo gradual revision and updating in
order to reflect, necessary changes, and
WHEREAS, the City of Kenai has a municipal library properly
instituted through financial (non-code) ordinance procedure,
and
WHEREAS, it is proper and fitting to set out by code ordinance
the establishment, powers and duties of the librarian,
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, as follows:
Section 1: A new chapter 56 in Title i of the 1979
Kenai Code is hereby adopted entitled "Municipal Library
Department."
Section 2: Said chapter shall read in its entirety as
set forth in Chapter 56 of Title 1 "Municipal Library
Department" as attached hereto and mad~ a part hereof.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st
day of November, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Janet Whelan, City Clerk
First Reading: November 7, 1979
Second Reading: November 2, 1979
Effective Date: December 21, 1979
Ord. 536-79
Page 2
1.56.010 MUNICIPAL LIBRARY DEPARTMENT: There shall be
a Municipal Library Department, the head of which shall be
the Librarian, appointed by the City Manager for an indef-
inite'term. The Librarian shall be an officer of the City
and have supervision and control of the Kenai Municipal
Library.
1.56.020 Rules, Regulations and Fines: The librarian
shall establish rules and regulations for conduct on the
property of and use of the Municipal Library and a fine or
penalty charge schedule for overdo and/or damaged loaned
library property, which rules and regulations besides being
set forth below shall be posted in a location within the
library on a bulletin board or readily visible by library
patrons:
RULES AND REGULATIONS OF LIBRARY USE
1. Borrowers' Cards:
(a) Ail transactions will requirethe pre~ence of
valid library identification.
(b) Upon application for a card, the borrower will be
permitted to check out one book. After the card is received
through the mail, the borrower may check out as many as 4
books each library visit. 2. Fines:
(a) 5 cents a day on 14 day books ~
(b) 10 cents a day on 7 day books and/or other library
reading materials including periodicals, maps, atlases, and
newspapers.
(c) $5 a day on non-book and non-reading materials
which include cassette players, screens and projectors. 3. Service Charges: ,
(a) $1 for lost books and/or other library materials
that are beyond repair. This shall be;in addition to full
replacement costs.
(b) 50 cents for each postal card or telephone call
that is necessary to effect return of overdue books and/or
other library materials or settlement of other charges.
4. Replacement Charges:
(a) 10 cents for each pocket
(b) 5 cents for date slips
(c) 25 cents for lost library identification
5. Damages:
(a) $1 per page for torn pages, defaced covers or
pages, or covers or pages containing scribbling or writing.
(b) Replacement cost plus service charge for any
reading material damaged to the extent that any part is
illegible.
(c) Professional repair cost or replacement cost (if
not repairable) for any non-reading material loaned.
Ord. 536-?9
6. Limited Circulation: Books designated "Limited
Circulation" are to be loaned only to borrowers with 6
months responsible library usage. A $5 fine will be imposed
if any such book is deposited through the book drop. 7. Renewals:
(a) Books and/or other library materials may be re-
newed o~ce if not on reserve.
(b) Nothing will be renewed by telephone.
1.56.030 Sleeping and Resting Prohibited: No one
shall sleep within the library or outside the library upon
library property at any time, nor shall anyone lie in a
reclined position within or outside the library or library
grounds. To lie in a reclined position means to position
one's body parallel to the floor or ground whether one is on
the floor, ground, a table, bench, chairs, couch, counter,
shelves, card cases or any other item of furniture.
1.56.040 Refusing to Return Loaned Material: No
person, firm or corporation shall knowingly refuse to return
any reading mater~al, including books, peridicals, newspapers,
maps, atlases, or any non-reading material including cassettes,
record players, screens and projectors loaned to said person,
firm or corporation within 30 days after said reading or
non-reading material becomes overdue.
1.56.050 Penalty: In addition to any fine levied or
other penalty i~posed pursuant to this ordinance or regulations
imposed thereunder, any person, firm or corporation who
shall violate any provision of this chapter including any
rules and regulations as herein set forth, or fail to comply
therewith upon conviction thereof shall be punished by a
fine not exceeding $i00. (Ord 536)
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.
ATTEST~
VINCENT O'REILLY, MAYOR
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 P~acords
Transfers
23-1
9. Layoffs
10. Outside Employment
11. Travel Expenses
12. Moving Expenses-New Employees
13. In-Service Training
14. Relatives in City Service
CHAPTER 35 - ~ENERALCONDUCT
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
6. Leave of Absenc~ 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 - PERFOP~4ANCE EVALUATION
1. Purpose
2. Periods of Evaluation
3. Performance Evaluations
4. Review of Performance Report
5. Unsatisfactory Evaluation
6. Appeal Procedure
C~APTER 50 - CLASSIFICATION PLAN
CHAPTER 55 - PAY PLAN
1. Exempt Salaries
2. Salary Structure-By Grade
3. UniformAllowance
CHAPTER 60 - DEFINITIONS
23-2
23.05.010 GENERAL PROVISIONS: It is hereby declared,
personnel policy of the City of Kenai, that:
1. Employment-Qualifications and Fitness: Employment
in City Government shall be based on qualification and
fitness, free of personal and political considerations, with
equal opportunity for all with no restrictions as to race,
color, dreed, 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 b~low.
2. Exempt Service: The exempt service shall include
the following:
(a) Mayor - 0nly the following provisions shall apply
to the Mayor: Sec. 30.010, il(b) and 11 (d) and Sec. 40.010,
10 and 11.
(b) Other elected officials and members of boards or
commissions. Only the following provisions shall apply to
such officials: Sec. 30.010, ll(b) and ll(d).
(c) The following Council appointed administrative
offices:
i. City Manager. The City Manager shall perform
all those duties mandated for his position by the
provisions of this chapter and shall be bound or re-
ceive the benefits of the following sections insofar as
they are applicable: Sec. 25.010, paragraphs 5 and
6(d); Sec. 30.010, paragraph ll(b)(c)(d); Sec. 40.010,
paragraphs 2, 3, 4, 8, 10, 11, 12 and 13.
ii. City Clerk. Only those provisions specifically
enumerated under "i" above shall apply to the City
Clerk.
23-3
iii. City Attorney. Only those provisions specif-
ically enumerated under "i" above shall apply to the
City Attorney.
'(d) Volunteer personnel and personnel appointed to
serve without pay. None of the provisions of this chapter
shall apply to such personnel.
(e) Consultants and counsel rendering temporary pro-
fessional services. Such services shall be by contract and
none of the provisions of this chapter shall apply.
(f) Positions involving seasonal or temporary work.
All of the provisions of this chapter shall apply to such
positions but only insofar as they are applicable.
3. Classified Service: The classified service shall
include all other positions in the City service.
(a} 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 Bersonnel 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, conso!idiation,
division or amendment of the existing classes.
3. Adjustments to Organization: Whenever a change in
the organization of the City administration is brought about
by changes in the classification system outlined above, the
City Manager shall submit to the Council a chart or table of
organization of the administration, indicating the new
structure and reporting relationship.
23.25.010 COMPENSATION: 1. Pay Plan-Development:
The City Manager, in consultation with the Finance Director,
shall prepare a pay plan and rules for its administration.
The rate and range where each class shall be such as to
reflect fairly the differences in duties and responsibilities
and shall be related to compensation for comparable positions
in other places of public employment. The objective of the
pay plan shall be to provide an appropriate salary structure
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
r~les 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 l§th 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. Overtly: (a) Department heads and supervisors
shall assign to each employee regular work duties and res-
ponsibilities which can normally be accomplished within the
established work day and work week.
(b) When employees are required to work overtime,
department heads shall authorize compensatory time off or
overtime pay. Determination to grant cash or compensatory
time off shall rest with the department head. City Manager
or acting department heads, who shall give due consideration
to desires of the employee, to budgetary controls and to the
provisions of Sec. 25.010, 6{c) of this ordinance. Rates
for overtime shall be=
General Government
Regular Workday x 1 1/2
Saturday x i 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
x 2
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
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 the
higher class. If the employee's current rate of pay falls
within the range of the higher class, his pay shall be
adjusted to the n~xt 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) ~'~enever practical, the results of a competitive
written examination or demonstration test, which shall be a
fair and valid test of the abilities and aptitudes of ap-
plicants for the duties to be performed.
No question in any test or in any appl$cation form or
by any appointing authority shall be so framed as to attempt
to elicit information concerning race, color, ancestry, sex,
national origin, or political or religious affiliation for
the purposes of discriminating.
All statements submitted on the employment application
or attached resume shall be subject to investigation and
verification.
If required by the department, applicants shall be
fingerprinted prior to appointment.
Any job applicant or employee may be required to take a
physical examination. In cases where a physical examination
is deemed advisable, the City shall pa~ the cost of the
examination.
3. Probationary Period: All original appointments
shall be tenative and subject to a probationary period of
not less than 6 months consecutive service, except for
Police, which shall be normally 12 months, subject to
meeting criteria for certification which may be accomplished
following 6 months of service. Promotional appointment
probationary period shall, for all personnel, be not less
than 6 months.
In cases where the responsibilities of a position are
such that a longer period is necessary to demonstrate an
employee's qualifications, the probationary period may be
extended; however, no probationary period shall be extended
beyond 12 months or 18 months for police. The employee
shall be notified in writing of any extension and the
reasons therefore.
During the first 6 months of probationary period, a new
employee (including police) shall not be eligible for vacation
benefits, but he shall earn vacation credit from the first
day of employment.
23-8
Upon completion of the probationary period, the em-
ployee shall be considered as having satisfactorily dem-
onstrated qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so
informed through his supervisor.
During the probationary period, a new hire may be
terminated at any time without appeal.
In the case of promotional appointments, the promoted
employee may be demoted at any time during the probationary
period without appeal, provided that the probationary em-
ployee be reinstated in the class designation from which he
was promoted, even though this necessitates the layoff of
the employee occupying the position.
4. Merit/Growth/Evaluation: (a) Evaluations shall be
~"equired annually of all classified employees. Supervisors
shall indicate thereon his recommendation as to whether or
not the employee has merited a growth pay raise in accord-
ance with the City Pay Plan, Sec. 23.55.010.
(b) Approval of increment merit pay raises are vested
in the City Manager.
5. Hours of Work: (a) The hours during which City
offices and departments shall normally be open for business
shall be 8:00 a.m. to 5:00 p.m., DPW - 8:00 a.m. to 4:30
p.m., except Saturdays and Sundays, holidays and further
excepting Police and Fire which shall be open for business
24 hours a day. The library and Animal Control operations
shall be open for business as authorized by the City Manager.
(b) Public Safety employees, not including administrators,
normal work week is:
i. Police-4 shifts of 10 hours per week, 2080
hours annually;
ii. Fire-24 hours on, 24 hours off/equivalent of
56 hours per week, 2912 hours annually;
iii. Communication-12 hours on, 36 hours off/equiv-
alent of 42 hours per week, 2184 hours annually.
(c) All other employees' normal work week is 40 hours/8
hours a day, 2080 hours annually. Standard work day is
midnight to midnight succeeding. Standard work week is
midnight Sunday to midnight Sunday succeeding. Operating
hours may be adjusted to meet special situations on timely
notice.
6. Attendance: Employees shall be in attendance at
their work in accordance with the rules regarding hours of
work, holidays and leaves of absence.
An employee shall not absent himself from work for any
reason without prior approval from his supervisor. When
prior approval is not obtained, an employee, who for any
reason fails to report to work, shall make a sincere effort
to notify his supervisor of his reason for being absent. If
the absence continues beyond the first day, the employee
shall notify the supervisor on a daily basis unless other
arrangements have been made with the supervisor.
Departments shall maintain records of employees' attendance~
23-9
Any unauthorized absence of any employee from duty
shall be deemed to be an absence without pay and may be
cause for disciplinary action.
$. Personnel Records: The City Manager shall cause a
service or personnel record to be maintained for each
employee in the service of the City of Kenai.
The personnel record shall show the employee's name,
title of position held, the department to which assigned,
salary, change in employment status, training received, and
such other information as may be considered pertinent.
A personnel action form shall be used as the single
document to initiate and update personnel records.
Employee personnel records shall be considered con-
fidential and shall be accessible only to the following: (a) the employee concerned,
(b) selected City officials authorized by the City
Manager.
Departmental personnel files should not be developed or
maintained, except as working records; i.e., accumulating
data for evaluation reports. Departmental personnel records
are therefore unofficial and have no standing.
8. Transfers: Requests from employees for transfers
from one department to another shall be made in writing and
shall be directed to the employee's present department head
and referred to the appropriate department head and the
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 traveling outside the City, the employee
shall obtain permission for the trip and the mode of travel
from the department head.
23-10
(b) Travel on official business outside the City by a
single individual shall be via public carrier or city-o~ed
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 $.09 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: ~'rnenever 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
appoint__ment.
(d) New employees who are assisted with their moving
expenses shall be required to sign a Transportation Agreement
prior to employment. The Transportation Agreemen~ 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
Training sessions may be conducted during regular
working hours at the discretion of department heads.
14. RelaLiu~$ in CiL~ $~vi~ Two memb~ of an
immediate family (spouse, children, brother, sister or
parents) shall not be employed under the same supervisor.
Neither shall two members of an immediate family be employed
at the same time regardless of the administrative depart-
ment, i~ such employment will result in an employee super-
vising a member of his immediate family. This section shall
not be construed to prohibit employment by the City of
relatives of City Council members.
The provisions of this section shall apply to promotions,
demotions, transfers, reinstatements and new appointments.
Cohabitation by adults of the opposite sex presumes a
family relationship and shall be construed as such.
23.35.010 GENERAL CONDUCT, DISCIPLINE, TERMINATION
AND APPEAL: 1. Personal Appearance and Conduct: Public
relations shall be an integral part of each employee's job.
All employees shall be neat and clean in appearance and
shall conduct themselves in a manner which is appropriate
for an employee in public service. Departmental regulations
may ~pose 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: ~hen
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 ia
the performance of the employee's official duties for the
City;
(k) Inability to perform the assigned job;
(1) Political activity as restricted by the Charter.
3. Forms of Disciplinary Action: Disciplinary action
ranges from oral or written reprimands to suspension, demotion
and finally dismissal from the City service, and depends on
23-12
the severity of the offense as well as the number and the
frequency of previous acts of misconduct.
It shall be the duty of all City employees to comply
with and to assist in carrying into effect the provisions of
the C~ty'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 e~)loyee grievances relating to employ-
ment conditions and relationships. Furthermore, the City
desires to adjust the causes of grievances informally-both
supervisors and employees are expected to resolve problems
as they arise.
The following steps shall be followed in submitting and
processing a grievance:
(a) Step 1 - The aggrieved employee or group of employees
shall orally present the grievance to the 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 m,~t or answer any grie-
vance on the last step of the grievance procedure within the
time limits prescribed for such action by this section, it
shall be deemed that the City has considered the grievance
to be in favor of the grievant and shall resolve the matter
accordingly.
The time limits prescribed in this section for the
initiation and completion of the steps of the grievance
procedure may be extended by mutual consent of the parties
so involved. Likewise, any step in the grievance procedure
may be eliminated by mutual consent. Mutual consent shall
be indicated in writing and shall be signed by all parties
involved. No employee shall be disciplined or discriminated
against in any way because of the employee's proper use of
the grievance procedure.
5. Resignation: To resign in good standing, an employee
shall give the appointing authority not less than 10 working
days prior notice of such resignation unless the appointing
authority agreed to permit a shorter period of notice because
of extenuating circumstances. The notice of resignation
shall be in writing and shall contain the reasons for leaving
the City service.
Failure to comply with this section shall be entered in
the employee's service record and may be cause fo~ denying
future employment with the City.
6. Reemployment: Permanent and probationary employees
with a satisfactory record of service who resign their
positions (in accordance with the provisions of this or-
dinance for resignation from the City service) may, on their
written request, withdraw such resignation within one 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 zince the employee's last date of hire.
7. Cost Consciousness: City employees shall practice
every economy possible in the discharge of their duties.
Employees are encouraged to recommend to their super-
visors work procedures which will result in a cost saving or
improved service to the public.
8. Safety: The City Manager shall be responsible for
the development and maintenance of a safety program, equal
23-14
to but not limited to OSHA requirements. Such program shall
include safety regulation and discipline controls.
Department heads, supervisors and employees shall guard
the safety of themselves, fellow employees and the public.
When accidents occur on City property, the employee
shall contact his supervisor immediately and the supervisor
shall cgmplete an accident form. In case of a motor vehicle
accident, the Police Department shall also be notified
i_.m~_..ediately.
The City Manager shall be notified of all accidents in-
volving City employees and City equipment as soon as possible
and not later than the next work day.
9. Legal Liability: Employees shall abide by all laws
and regulations which govern the performance of their duties,
and shall perform their duties as reasonable, ~rudent 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) classi-
fied 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 pay~ Full
time employees shall receive regular compensation; part-time
employees shall be compensated in propprtion 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 hours for Communications. The maximum leave hours that
may be accrued is 640 hours for regular classified and
exempt, 896 hours for Fire and 768 houz~ 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 ~hat each employee shall plan at a
minimum 80 hours of annual leave per year for General Govern-
~ent employees, 112 for Fire, 84 for Communications, and
effect appropriate coordination with the Department head.
(g) Excess leave above the amount authorized for
accrual (Paragraph iii d above) existing on December 31
shall automatically be paid at the then existing rate for
the individual employee.
(h) Department heads shall Schedule vacations for
their respective employees with due consideration for the
desires of the employees and the work requirements facing
the department. Vacation schedules may be amended to allow
the department to meet emergency situations.
(i) In the event of a significant illness or injury
not covered by Workman's Compensation, an individual per-
manent employee on exhausting annual leave may borrow up to
a 6 month entitlement (i.e., 6 x 16 hours) to avoid a no-pay
status.
4. Terminal leave: Upon separation during initial
probation (first 6 months for Police), accrued annual leave
shall not be granted nor paid to the employee. In other
separations, accrued leave shal be paid in a lump sum. The
salary or hourly rate to be used in computing the cash
payment shall be the rate which is being received by the
employee on the date of application for cask 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
workihg 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: Ail full-time employment employees are
required to participate in the State Public Employees Retire-
merit System. See PER~ 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 a6¢idents 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 A836258A (Travelers Insurance Company) at
no cost to the employee. Life, major medical, hospital-
ization, dental and vision insurance are included as part of
Group Insurance.
13. Maternity leave: Immediately preceding a~d follow-
ing childbirth, an employee is entitled to take a total of 9
weeks leave. This leave will be charged first to annual
leave and if this is insufficient to leave without pay for
the balance of the period of 9 weeks.
Upon application and under extenuating circumstances,
additional leave may be granted by the appointing authority.
A physician's certificate shall be required to support the
additional leave request. Where a maternity leave of absence
is taken in accordance with this section, the employee shall
accumulate service credit during such paid leave of absence.
23.45.010 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:
(al End of probationary period: Each employee shall be
evaluated 30 days prior to the completion of his probationary
period. The employee must have an overall evaluation of at
least "satisfactory" in order to become permanent.
(b) Annual: Each employee shall receive an annual
performance evaluation 30 days prior to his anniversary
date.
(c) Time of separation: Each employee shall be eval-
uated at the time of separation and such record shall become
part of his permanent personnel file. 3. Performance evaluators:
(a) Rating officer: The rating officer shall normally
be the employee's immediate supervisor. The rating officer
shall be responsible for completing a performance evaluation
report at the time prescribed for each employee under his
supervision.
(b) Reviewing officer: The reviewing officer shall
normally be the rating officer's immediate supervisor or
department head. The reviewing officer shall review the
performance evaluation report completed by each rating
officer under his jurisdiction before the report is dis-
cussed with the employee. The reviewing officer shall
consider the performance evaluations completed by the rating
officer in evaluating the rating officer's performance.
4. Review of performance reports: The rating officer
shall discuss the perfo~-mance evaluation report with the
employee before the report is made part of the employee's
permanent record. If the rating officer plans to recommend
the denial of an in-grade salary increment or recommend an
extraordinary increment, the report must be discussed with
the reviewing officer and the City Manager prior to review
with the employee.
5. Unsatisfactory evaluation: Employees who receive
an overall rating of "unsatisfactory" on their annual evalua-
tion shall not be eligible to receive an in-grade salary
increment. Employees who receive two consecutive overall
ratings of "unsatisfactory" shall be subject to dismissal.
6. Performance evaluation appeal procedure: Employees'
performance evaluation reports shall not be subject to the
standard grievance procedure. Employees shall have the
right to appeal their evaluation in accordance with the
following procedure:
Step 1-If, after a review of his performance evaluation
report with the rating officer, the employee feels that the
report is unfair, he may request a meeting with the reviewing
officer by checking the appropriate section on the report.
23-20
The rating officer will then immediately forward the report
to the reviewing officer who will arz'ange to meet with the
employee within 5 working days after receiving the report.
The reviewing officer will then forward a decision in writing
to the employee within 5 working days after the date of
their meeting.
Step 2-In the event that the employee is dissatisfied
with the decision of the reviewing officer, he may within 5
working days of receipt of the decision appeal his performance
evaluation report, in writing, to the City Manager. The
City Manager shall within 5 working days meet and discuss
the report with the employ=e. 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
108
109
110
111
201
202
203
204
205
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
PUBLIC WORKS
401
402
403
404
405
406
407
408
409
410
Building Inspector 15
Shop Foreman 15
Maintenance Supervisor 15
Treatment Plant Operator 13
Water & Sewer Operator I 12
Mechanic Helper 12
Maintenance ~';orker I 11
5~chanic 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 annua1 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
Adva~ced Certification $720/year
(bi 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 F24T certification
for eligible grades of firefighter, engineer and lieuten-
ant are as follows:
F24T 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:
II $180/year
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 he~d shall
issue from stock or purchase from appropriate funds a basic
uniform and equipment issue.
(c) Department of Public Works, ~ater & Sewer and
~%n{m~l 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 emmloyees:
PT-1 $3.40/hour
PT-2 $3.65/hour
PT-3 $3.90/hour
PT-4 $4.15/hour
PT-5 $4.40/hour
PT-6 $4.65/hour
PT-7 $4.90/hour
6. Stand-by pay: Where employees are regularly placed
on a stand-by status for a Saturday, Sunday or Holiday, they
shall be entitled to a minimum of 2 hours pay for such
stand-by status. In the event of a "call out," overtime
shall be paid for hours worked but not less than the minimum
of 2 hours.
23-23
..................................... ¥-iim ..... I I
CLASSIFIED SALARY TABLE
P.A,;gE A B C D £ F AA BB CC
3 12,847 ' 13,168 13,489 13,810 14,131 1&,452 14,773' 15,094 15,415
7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 18,357 18,748
8 16,406 16,816 17,226 17,636 18,046 18,456 18,866 19,276 19,686
9 17,221 17,652 18,083 18,514 18,945 19,376 19,807 20,238 20,669
10 18,078 18,530 18,982 19,434 19,886 20,338 20,790 21,242 21,694
11 18,979 19,453 19,927 20,401 20,875 21,349 21,823 22,297 22,771
12 19,936 20,434 20,932 21,430 21,928 22,426 22,924 23,422 23,920
~.1~3 20,922 21,445 21,968 22,491 23,014 23,537 24,060 24,583 25,106
'~/14 21,980 22,530 23,080 23,630 24,180 24,730 25,280 25,830 26,380
15 23,080 23,657 24,234 24,811 25,388 25,965 26,542 27,119 27,696
16 24,223 24,829 25,435 26,041 26,647 27,253 27,859 28,465 29,071
17 25,438 26,074 26,710 27,346 27,982 28,618 29,254' 29,890 30,526
· ~
38 26,709 27,377 28,045 28,713 29,381 30,049 30,717 31,385 32,053
19 28,038 28,739 29,440 30,141 30,842 31,543 32,24& 32,945 33,646
20 29,454 30,190 30,926 31,662 32,398 33,134 33,570 34,606 35,342
22 32,455 33,266 34,077 34.855 35.699 36,510 37,321 38,132 38,943
24 35,833 36,729 37,625 38,521 39.417 40.313 41,209 42.105 43,001
ltourly rates are determined by dividing annual salary by number of hours in ~or~: year.
23-24
23.60.010 DEFINITIONS: As used in this ordinance the
following terms shall have the meanings indicated:
1. Department= A major functional unit of the City
government established by the City Council.
2. Department Head= A person directly responsible to
the City Manager for the administration of a department.
$~hereve~ under the provisions of this chapter, approval of
a department head is required, if the person requesting
approval is a department head, the approval shall be obtained
from the City Manager.
3. Full-time Employee: An employee who works the
normal amount of working hours for the class assigned.
4. General Government Employee= A City employee other
than a Public Safety employee.
5. Grievance: An employee's oral or written expression
of dissatisfaction with some aspect of his employment, a
management decision affecting him, or an alleged violation
of his rights for the purpose of attempting to gain an
adjustment of said cause of dissatisfaction.
6. Permanent Part-time Employee= An employee who is
employed regularly for less than the normal number of working
hours, but who normally follows a pre-determined, fixed
pattern of working hours.
?. Permanent Employee: An employee who has been
retained in his appointed position after the completion of
his probationary period.
8. Probationary Employee: An employee who has not yet
~ompleted his probationary period.
9. Probationary Period: A working test period during
which an employee is required to demonstrate his fitness for
the duties tx) which he is appointed by actual performance of
the duties of the position.
10. Publ~.c Safety Employee: A person employed in the
Police, Fire or Communications departments.
11. Supervisor: Any person who i~ responsible to a
higher divisional or departmental level of authority and who
directs the work of others.
12. Temporary Employee= An employee who has been
appointed for a limited period not to exceed 6 months. (Ords
336, 336(a), 364, 385, 414, 440, 458, 482, 503 & 513)
23-25
F'-
CITY OF I~ENAI
R£S(~LUTION NO. 79-145
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT
THE FOLLOWING TRANSFER OF MOI~qE$ BE MADE IN THE 1979-80 GENE~L
FUND BUDGET.
FROM;
Re~restion - Salaries
($400)
TO.
Recreation - Professional Services
$400
This transfer provides monies to hire artists to conduct Arts and Crafts
5iorkshops.
PASSED BY THE COUNCIL OF THE CITY OF I~/NAI this 7th day of Novembee,
1979.
Attest:
VINCENT
~,/nst t~he~n, ci~ C~erk
Approved by Finance Director ~.~.~_
CITY OF KENAI
RESOLUTION NO. 79-146
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
AIRPORT TERMINAL ENTERPRISE FUND BUDGET.
FROM:
Contingency
($500)
TO:
Advertising
Improvements Other Than Buildings
$200
300
This transfer is needed to (I) fund advertising costs in the Terminal, and
(2) fund installation of light poles in the Terminal parking lots.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this ?th day of November, 1979.
Allest:
VINCENT 0 REILL~I~A~OR
~net Whelan, City Clerk
Approved by Finance Director
CITY OF KENAI
RESOLUTION NO. 79-147
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I~NAI, ALASKA
THAT TIlE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
JAIL FUND BUDGET:
FROM:
Operating Supplies
($75o)
TO:
Professional Services $750
This transfer provides monies fo~ physicals fo~ Jail personnel.
PASSED BY THE COUNCIL OF THE CITY OF KE, NAI, ALASKA this 7th
day of November, 1979.
VINCENT O~REILL~YOR
ATTEST:
et Whelan, City Clerk
Approved by Finance Director~....~
CITY OF KENAI
RESOLUTION NO. 79-148
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI THAT THE
FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL
FUND BUDGET.
FROM:
City Manager - Salaries
TO:
City Manager - Machinery & Equi0ment
($9,000)
$9,000
This transfer is to provide monies for the purchase of a vehicle and FAA
radio for the City Manager.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day
of November, 1979.
ATTEST:
VINCENT O'REILLY, ~R
et Whelan, City Clerk
Approved by Finance Direetor~-~_~.
CITY OF KENAI
RESOLUTION NO. 79-149
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
AUTHORIZING THE CONTRACT FOR ARCHITECTURAL/ENGINEERING DESIGN
FOR THE NEW CITY ADNINISTRATION BUILDING BETWEEN THE CITY OF
KENAI AND CARREN V. GINTOLI, ARCHITECT.
NHEREAS, the City of Kenai received seven proposals for this
project, and
WHEREAS, this project is funded with CEIP funds, and
WHEREAS, this project has been authorized by the Council of the
City of Kenai, and
IfltEREAS, all seven firms were given consideration and interviews
by the Council, and
WHEREAS, after careful evaluation by the Council this list of
seven was narrowed down to three, and
IfItEREAS, the final three firms were further interviewed, and
IVHEREAS, the Council as a Committee recommends to the Council as
a whole that the contract for this project be awarded to
Carmen V. Gintoli, Architect, and
WHEREAS, the funding agency of CEIP is aware and approves of the
methods used in selection of this architect, and
WHEREAS, the maximum not-to-exceed figure of $49,000 listed in
Carmen V. Gintoli*s Scope of Services is within a budgeted amount
for the project.
NO~, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI
that Carmen V. Gintoli, Architect be awarded the project for design
for a new City Administration Building.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of
November, 1979.
Vincent O' Rei'll¥,
ATTEST:
Whelan,' City Clerk '
CITY OF KENAI
RESOLUTION NO. 79-150
A RESOLUTION OF THE CITY OF KENAI, ALASYJ~ ESTABLISHING THE AUTHORIZED
SIGNATURES FOR DEPOSIT OR WITHDRAWAL OF FUNDS FROM DEPOSITORIES OF
MUNICIPAL FUNDS. $
WHEREAS, emp)oyee turnover has reduced the number of authorized signators
on accounts of the City of Kenai, and
WHEREAS, an additional signator should be designated for efficient operation
of the City business.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, AJ~ASKA,
as follows:
Section l: That for banking purposes, the persons listed hereinafter
are authorized as signators on accounts of the City of Kenai and any two
of such persons may sign negotiable instruments for the City of Kenai.
Ben T. Oelahay, City Attorney
Charles A. Brown, Finance Director
Ltllian Hakkinen, Accountant
Janet Whelan, City Clerk
Section 2: That, for purposes of internal control, one of the
follo~ng combinations of signatures must appear on any negotiable
instrument of the City of Kenai.
Ben T. Oelahay, City Attorney
Charles A. Brown, Finance Director
Or
Ben T. Oelahay, City Attorney
Ltllian Hakkinen, Accountant
Or
Charles A. Brown, Finance Director
Janet Whelan, City Clerk
Section 3: That all prior resolutions designating and authorizing
stgnators are hereby rescinded.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of
November, lg79.
ATTEST:
~n~tWhelan,~ City Clerk
VI-NCEIN~ 0" REILLY, NAIyOR
CITY OF KENAI
RESOLUTION f(O. 7g-151
BE IT RESOLVED by the Council of the City of Kenai, Alaska that the follow-
ing transfer of m~nies be made in the lg79-80 general fund budget:
Contingency ($650)
To:
Harbor Coamntssion - Transportation
65O
This transfer provides monies to allow two members of the Harbor Cai~dssion
to attend a Statewtde meeting of Port and Harbor Con~nissioners in Seward,
November 14, 15 and 16, 1979.
PASSEl) BY THE COU~ICIL OF THE CITY OF KENAI, ALASKA this 7th day of
November 1979.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan,' ci'tyclerk'
L~:~ OF
AIRPORT LA,':D.g OP- FACILITIES
THIS AGP~E~tE~.I?, entered into this day of
· 1979, by and between the CITf OF KE:~AI, a hem-e-ruled
~u'nicipal corporation of Alaska, hereinafter call~ 'CitT,' and
~I T~SIT, I~C., C/O ~UG HA'~S, ~X 6067, ~I~0~, ~ 99502
hereinafter call~d 'Lessee.'
That the City, in consideration of the payments of
the rents and performance of all the covenants herein contained
by the L~ssee, does hereby demise and lease to the Lessee the
foll~ing described property in the Kenai Recording District·
State of Alaska; to wit:
COU1;TER SPACE II~ER 16 (42 SQUARE I~ET), FIRST FLOOR, KZIlA!
RJ~IIlCIPAL AIRPORT TEI~I4I~iAL BUILDItlG, A~ D~gCRIBZD I~ T~IAT
DI~VD FROZ Ti~£ lISA TO THE CITY OF KElIAI, FILED Ill BOOK 27, PAGE 303,
KI~IAI RECORDIIIG DISTRICT
[al The term of this Lease is for O~E year,i,
commencing on the 1st day of . auly , 19 ~-~-~, to the
hday of June , 198~ , at the annual rental
498.96
k _ {b) The term of this Lease may be extend_~
I~.s.se .-~__ successive periods of y~ by °
giving writt~e to the Lessor nO--ix (~) ~x)nths
'prior ~ing term. Eac'h'ext~ded
~ti6ns as provided in
thi~ te~. ~~ill not ~e permitted to
~d t~_rm..~P~F~rnination of
ed term
shall terminate all rights of extension hereunder.
~_ . -~
ese, the rental specified herein sh_.4~l--~_ payable
~upanci is authorized as
of the day of ~ T~-~.alld the first rent shall
$ ~ day for days, equals
Cb) Annual rent for the fiscal year be~innin9
July 1 and ending June 30 shall be payable in ~vane. ~n or
before the first day of July of each year. if the ..,nual rent
exceeds $2,400, then the Lessee may opt at the time of the execution
hereof or at the beginning of each new Lease year to pay rent in
equal monthly installments, payable in advance on or before the
first day of July and on or before the first of each month there-
after.
(c) Rental for any peri(w3 which is less than one
(1) year shall be prorated based on the rate of the last full
year.
(d} The rent specified herein is calculated as
fellows: 42 square feet at $, 99 per square foot
per year, or $ 498.96 per year.
In additio~l to the rents specified above, subject
to General Covenant Ho. 10, the Lessee agrees to pay to the City
fees as hereinafter provided:
Revised 3/30/79
LESSOR :- - '
LEA~E OF
AIRPORT LAIlDS OR FACILZTIE.5
THIS AGREE~E~IT, entered into this day of
· 1979, by and b~tween the CITY OF ~t~I~,' a home-ruled
municipal corporation of Alaska, hereina~r call~ ~Cit~,' and
~zeinaltez call~ *~s~e.'
That the City· i~ consideration of the payments of
the rents and perfo~nance of all the covenants herein contained
by the Lessee· does hereby demise and lease to the Lessee the
followinq described property in the Zenai P~cording District,
State of &laska~ to wit;
COU~TBi SPAC£ l',lr~SF2 16 (60 SOUARE F. EET), FIleT FLOOR, Ki[/AI ~UItlCIPA~ AIRPORT
TEI~I~iAL ~UILDING, AS DESCRIBED I~i THAY,CERTAIN DEED FROM THE USA TO THE CITY
OF KETiAI, FILED I~i BOOK 27, .PAGE 303, KEIiA! RECORDII~G DISTRICT
(a) The te~n of ~.h!s Le~e is for 0tl£ year#·
commencing on ~e lc day of J,)v , 1979 , ~ t~
day of JlltiK , ~, at the annual rental
$712.80 m
(b) The ~er~ of this Lease may he extended by
Lessee for successive periods of lf~each, by
giVi~-~F, itte-~--~ottce to the Lessor not . .e-~-/s~?lan SiX (6) months
'prior ~o tha expiration of the then exis}ing term. Each extended
te~n s~11 b~' on.the sa~m farms and cpn/titions u provided in
this Lea~ for the t~.ittal tern. ~see will not be permitted to
extend th~Lease bey6nd .the ext,.haled term. Any termination of
this L~ase H~ring the initia~/erm or during any extended term
~ Subject to the terms of ~eneral Covenant
NO. 10 of this Lea~je~ th~ rental specified herei, n shall be payable
a~ follows, / ~
/(al P~ight o~entry and o~-~pa,cy is a~thorized as
of the ~ ~ay of . . ~. 19 ; and the first rent'shall
be oomput----~H-f~om such date untll~'~D-~-lO, , at the rate of
/ per day for . days, ~quals ~
(bi Annual rent for the fiscal year beginning
July I and ending lune lO shall be payable in advance on or
before the first day ct July of each year. If the annual rent
exceeds $2·400, then the Lessee may opt at the time of the execution
hereof or at the be~inning of each ne~ Lease year to pay rent in
equal monthly installments, payable tn advance on or before the
first day of July and on or before the first o£ each month there-
after.
(c) Rental for any period which is less than one
(1) year shall be prorated based on the rate of the last full
(d) T~e rent specified herein is calculated as
follo~s~ 60 square feet at $ .99 per square foot
p~r year,' or $ /I/.i0 per year.
In addition to the rents specified above, subject
to General Covenant Ilo. 10, the Lessee agrees to pay to the City
fees as hereinafter provided:
LEASE - Page 1
Revised 3/30/79
LESSOR
(a} h'~:.c $cr-ent s for
-Taxe~-pe r ta i n ing - t~--the--lea sehold-in tere --t. of
Sales tax now enforced or levied in the
f~ture computed u~n rent payable in ~nthly installments whether
rent is paid on a ~nthly or yearly basis.
(d; ~ssee a~rees to pay all
~nts levied in the futur~y~he-~i~y~[-~i, as if ~ssee was
'~nsidered-~~Q~er of record of the ~ased Property.
(e] Interest. at the rate 9f eight
~r annum and ~en ~rcent (i0%) ~nalties on any amount of money
~ed ~nder this ~ase which is not paid on pr before the date it
~co~s due.
(f) ~ditional charges ~s ~t forth In Schedule
A, attached.
~e purpose for which this ~ase
~ER SPACE ~ ~S ~O LI~4OUSINE SERVICE
~E~ CO--ANTS
1. USES: Except as provided herein, any regular
use of ~ands or fac~ties without t~ ~it~n consent of the
City is prohibited. ~is prohibition shall not apply to use of
areas ~signated by the City for s~cifted public uses, such as
passenger terminals, automobile parking areas, and stree~r. ·
2. USES ~g~ CON~D PROHIBI~D: Solici~tion
of donations or the promotion or operation of any part or kind of
business or co~rcial enterprise, other than as s~cffi~lly set
forth herein, u~n, in or a~ve airport lands, without ~e ~itten
~nsent of the City is prohibited.
~. ~SI~T: (Not for collateral pu~ses)
~ssee with City*s ~ consent, which will not be ~reason-
ably denied, ~y assign, in :;hole or in part, its rights as
~ssee (~asehold Estate) hereunder except assig~ents for
collateral put,scs will ~ allowed pursuant ~ ~e provision of
p~agraph ]~ herein.
~y assignee .(except assignee' s for collateral
~rposes, which will conform to the provisions of Paragraph
instead of this paragraph) of part or all of the leased premises
s~ll ass~e the duties and obligations of the ~ssee as to the
such part or all of the leased premises. No such assig~ent,
however, will discharge ~ssee from its duties and obligations
hereunder.
4. ~UBLETTI~]G~ ~ssee ~y sublet part or all of
its interest in the leasehold premises without prior City approval,
egcept that ~ssee agrees to send a copy of his executed sublease
~ the City within 10 days after its execution. In addition, all
subleases are subject to the te~s and conditions of the ~in
lease, and no subletting shall affect the obligation of the
~ssee to perform all of the covenants required to be performed
by the ~ssee herein.
5. TREAT~dENT OF DE:4IGE: Tho ~ssee agrees to
keep the premises clean and in good order at its own expense,
suffering no strip or waste thereof, nor removing any material
therefrom, without written permission of the City. At the ezpiration
LEASE - Page 2
Revised 3/30/79
1NITIALS / ~ ,/
LESSOR~
If the City and ~_.:;~;0*e tam,GL ugree on one apprl, i:;t-r
as above provided, or either objrct-; to the written report of
appraiser as at×,ve provided, the City and Lessee shall each
select an appraiser from either of the above groups who holds any
of the above-required designations. Either party may select the
appraiser who was jointly selected as above provided and whose
report was rejected. These two appraisers shall select a thir~
appraiser from either of the above groups and who holds any of
the required designations. The appraised fair market value
agreed upon in writing by two of these appraisers, or upon failure
of any two to agree, the average value of the two appraisals
closest to each other, shall be conclusive and binding upom City
and Lessee for the purpose of adjusting the rental. Each party
shall pay the fee of its selected appraiser and one-half the fee
of the third appraiser.
10. LEdgE UTILIZATION: Leas%d lands shall be
utilized for purposes within ~he scope of the application (made a
part of this X~ase and attached hereto) the terms of the Lease,
and in conformity with the ordinances o'~ the City and Bl)rough,
and in substantial conformity'with the comprehensive plan.
Utilization or development for other tha~ 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, sha22 constitute grounds for cancellation.
ll. CONDITiC?: OF PREMISES: ~"ne premises demised
herein are uni~rove~ and a~e leased on an "as is, where is"
basis.
12. PROTECTION OF AIRCRAFT: No building or
peri,anent structure ~hall be placed within
property line fronting a landing-strip,~i~ay, or apron without
the ,~itten~approval-of-th~-'City. This area shall be used for
par~{ng-~ra f t only.
13. OFFER TO LEASE ACCEPTANCE: ~ne offerrto
lease ks made subject to appli6able laws and regulati0ns of City,
and ~y be withdrawn without notice at any time after thirty (30)
days from submission thereof, unless within such thirty (30) days
the Lessee executes and returns the lease to the City.
14. UNDERLYING TITLE: The interests transferred,
or conveyed by this Lease are subject to any and all of the
covenants, terms or conditions contained in the Instruments
cl)nveying title or other interests to the City.
15. RIGHT OF INSPECTION: City shall have the
right of all reasonable times to enter the premises, or any part
thereof, for the purposes of inspection.
16. INSURANCE: Lessee covenants 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 agrees to arrange and
pay for all the following:
(a) Public liability insurance protecting l~th
the City and/or its agents and the L~ssee, 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 $250,000/$~00,000/$i00,000.
LEASE - Page 4
Revised 3/30/79
INXTIALS~/,~//
LESSOR:
· 9
free and clear of all lettings and occupancies; unle~:s expressly
permitted by City in writing, and free and clear of all liens and
encumbrdnces other than those created by for loans to City.
Upon the end of the term of this Lease or any
earlier termination thereof, title to the buildings and improve_
ments and building equipment shall automatically vest in City
without requirement of al~y deed, conveyance or bill of sale
thereon. However, if 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 herewith.
22. RULES: Lessee shall observe, obey and comply
with all applicable rules, etc., of the State or Federal Govern-
ments.
o
23. AIRCRAFT OPEPJ~TIO~:S'PROTECTED:
(a) There is hereb~ reserved to the City,
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 herein 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 paragraph ? are approved by the City, the City to the
extent of those improvements releases the easement here expressed.}
(b) The Lessee by accepting this conveyance
expressly agrees for itself, its representatives, successors, and
assigns, that it will not erect nor permit the erection of any
structure or object, nor permit the growth of any trees on the
land conveyed hereunder, which would be an airport obstruction
within the standards established under the Federal Aviation
Administration Regulatio~s, Part 77, as amended. In the event
the aforesaid covenant is breached, the City reserves the right
to enter on the land conveyed hereunder and to remove the offending
structure or object, and to cut the offending tree, all of which
shall be at the expense of the Lessee or its heirs, or successors,
or assigns.
24. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION:
City hereby agrees and c'oveWants 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, ~se,
occupy and enjoy the said leased premises, except that any in-
convenience 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.
25. LESSEE TO PAY TAXES% Lessee shall pay all
lawful taxes and a~sessments which, during the term hcroof.j~ay--~'
become a lien upon or which may be levied by the.$tate~'"B~rough,
City or any other taxlevying body, upon-any-t~xable possessory
right which Lessee may have in or'th the reason of its use or
occupancy, provided,-however, that nothing herein contained shall
prevent. Lesse~'~rom contesting any increase in such tax or assessment
· hf6~gh procedures outlined in State statutes.
26. SPECIAL SERVICES: Lessee agrees to pay City
a reasonable charge ?~-~ any special services or facilities required
by Lessee in writing, which services or facilities are not provided
for herein.
LEASE - Page 6 INITIALS~//~ //
Revised 3/30/79 LESSEE.'.~/.~//./Jf ' ''
LESSOR:
W
allow Lhe 1,3aseh,.,]d ~r~..l~::o..:,-~-~J-'~,-~ u:.t.~¥ '/~ dn uf~]-,wlul j,,,rpo.';e. ~'~
55. APPIIOVAI0 OF OTiIKF. AUTIIORITII;C: The i~sua:~cc
by the City of Lea~es does not relieve the ~.~;e~ of resl~n~ibi~i~y
of obtaining licem;e~ or permits a~ may be required by duly
authorized Borough, State or f'ederal agencies.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their h~ds, the day and year stated in the individual
ledgments below.
CITY OF KENAI
By:
STATE OF ALASKA ) ,
)SS
.THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared JOHN E. WISE,
City Manager of the City of Kenai, known to be the person who
executed the above Lease and acknowledged that he had the author-
ity to sign the same, for the purposes stated therein.
GIVEN UNDER fly HAND AND SEAL OF OFFICE, this ~__~fday of
,. /.:...(, .'!!,
My Commission Expires:
, ,.----.
LESSEE
CORPORATION ACKNOWLEDGMENT
STATE OF ALASKA )
)ss
TIIIRDJUDICIALDISTRICT )
Before me, thc undersigned, a Notary Public in and for the
Sta~e of Alaska· on this day personally appeared.
and , known to me to be the persons and
officer~ who~e names are subscribed ~o the foregoing Lease, who
bei~g duly sworn, did say tha~ they are the President and __
, respectively, of Company, a
corporation, and acknowledged to me that they executed said Lease
as their free act and deed in their said capacities, and the free
act and deed o£ sa~d corporation, for Lhe purposes stated therein.
GIVEN b~DER MY ~AND AND SEAL OF OFFICE, this __day of · 19
Notary Public in and for Alaska
Ny Con~ission Expires:
LEASE - Page 13
REVISED 3/30/79
INITIALS
LESSOR:
UNWIN · SCHEBEN · KORYNTA · HUETTL
2515 A STREET
ANCHORAGE, AK. SBS03 L~78- 4~4B
CITY OF
C/O NO~NELIS P.0. BOX 580
i[~,JOICE r4.q.
(JUST. Nrj.
JOB NO.
i{Er~I AERIAL PHUrO
AND MA~P lr4(;
FOR PROFESSICX~%. SERVICES REeF. D;
Ae~iai Photo 200% $5270,00
~vound Control 100% 28~40, oo
Nappfnff 15~ (~800) 6?20.00
LESS: ~ev. Inv. (2~900.00)
15530.(
TERMS: VI~I. per month service charge on all past due accounts. TO avoid additional service charge, pay balance due within 15 clays of the date of the billing.
*Rfls~ return yellow copy with payment.
F
Tolchina Excavating & Const. Co.
P.O. BOX :326 KENAI. ALASKA 996!
Pi,o.. 28~4221
Custome~ Clt. v O~ Ken~t.
Add~ss P.O, Box 8~0 Kenais Ak.
Job Location
INVOICE NO.._z~
Dote
Hrs. DJscrJptJon Rate Amoufl!
Installation of 200 4" iq ~" ....
__ Post~ wt~h .qtre~t ~t~n
An bid August 10. lOTq, S28.85 577(I.0f
, , Tnx
II
CH2M
'-" engineers 310 K Street, Suite 602 Anchorage, Alaska 99501
planners. 907/279-6491
economists
scientists
Date 15 ~tober 1979
~ob No. K12720.00
City of Ke~i Client Ref. ~o.
~X 580 Invoice No. 9966
Ke~i, Alas~ 99611
Attn: Mr. Charles Brown, Acting City &hnager
STATEMENT
For professional services from 25 July through 24 Sept~-ber 1979 regarding
the Sewerage Projects design. For detail regarding this billing period
refer to Progress Report No. 6.
Professional Services
Expenses
I~Jstafa, Hong & Associates (Minority sub.)
Fee
$23,70q. Gq
2,691.21
5,772.77
5,131.38
Total
$37,300.00
$37,300.00
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH I$
AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS ~IONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILl.. BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
CH2M
"HILL
engineers
planners.
economists
scientists
City of Kena[
Box 580
Kenai, Alaska
99611
Attn: Charles Breve, Acting City &~nager
Anchorage Office
310 K Street, Suite 602 Anchorage. Alaska 99501
907/279-6491
Date 15 October 1979
Job No. K10510.D0
Cliem Ref. No.
Invoice No. 9970
For services from 25 AuGust 1979 through 2q Septerber 1979 regardinD
Central Peninsula Septage Disposal Study.
Professional Services
Labor SqO2.5q
Expenses 6q9.93
~,~ov~ 8Y
CLERK
0R~NAL COPY
$1,052.q7 ~
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH tS
AN ANNUAL PERCENTAGE RATE OF 1296 (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
ALASKA DEPARTHENT OF REVENUE
APPLICATION FOR PER}lIT FOg AUTHORIZED GAMES OF CHANCE Ai~D SKILL
RETURN TO:
Dept. of Revenu~ - Audit
Games of Chance & Skill
Pouch SA
5uneau, Alaska 99811
CALENDAR YEAR 19,7 9
PER}lIT FEES:
$20.00 due with application
1~ of entire net proceeds due with annual
financial statement
FIRST APPLICATION
X PERMIT RECEIVED PREVIOUSLY
APPLICATION MUST BE COMPLETED IN ACCORDANCE WITH 15 AAC 05.460
ORGANIZATION: Phi Chapter, Beta Sigma Phi
Name: Lujean Dia___mond, Treasurer
Address: P.O. Box 1118
Kenai, Alaska 99611
qUALiFiCATIonS FOR A PEI~T:
A.
Type of organization (Check one)
(1) X Civic or Service (6)... Veterans
(2) Religious (7). Police or Fire Company
(3),, Charitable (8) Dog Mushers
(&) Fraternal (9) Fishing Derby
(5) Educational (10) Political
(11) Labor '
B. State how long organization has been in existence -"%.!e!ve years i.n Kenai
C. Reco~nized as a non-profit organization under the Federal Income Tax Laws.
Yes No
Include a copy of IRS Certificate if not previously submitted.
D. Affiliation with National Organization:
Name of National: Beta Si.oma Phi Imt~rna~inmal
Headquarters Address: P.O. Box 8500: Kan~a~ City: Mi~nnri
E. Organized as a _X Corporation; Association; Partnership; Firm;
__Company.
Include a copy of original Charter, By-Laws and a current list of 25 local
members, if not previously submitted.
***ALL ANSk~RS MUST BE PRINTED IN INK OR TYPEWRITTEN***
0~-643 (8~78)
(over)
·
John Pierce
Mrs. Konte
'-' Mr. Bassett
Hrs. Kleineick
Vivian Dye
Sharon Wells
"k-Hrs. Bassett
Nfs. Bassett
Kay Shearer
Mr, HacBride
Tim Wisniewski
DATE
RECEIVED
9/27/79
10/l/79
10/3/79
10/8/79
i0/11/79
10/11/79
lO/8/79
lO/iS/.?9.'
· I0/16/79
10/22/79
10/24/79
CITY r 'ENAI
S£RVICE RE~UEST£D
Can Road between Cart's and AK T.V.
be graded.
Lilac is very sandy-large trucks
~ontributing to problem and tearing
up the street.
· ater smells bad- Broad & Peninsula
DATE INVEST.
CO)~LETED
;0/l/79
lO/~/79
10/3/79
Lilac Street-one lane traffic and
road is soft and falling apart.
.10/8/79
En4 of Pine in 'Northgate is flooded.
Need to have ditch dug across Birch..
~ater smells like sewer-?en~ &'Broad.
~ater stil~ snells'bad esp. the hot..
Street light pole knocked down and
needs to be repaired. 'Central Heights'
Sth Street off Birch needs grading.
'S-tOp sign knocke, d down-Pen. & Ilain
i0/1~/~9'
-10/11/79
10116/79
10/29/~9
10/29/~9
~ .' '. ;:.? .... '.''
DATE
CITIZER
ROTIFIED
DEPART~E~.~I'AL REPGRT
Private Drive - City does not
naintain,
o
City is hauling in ~r9vel°and
repairing'road where tru~ks
have torn up the road.
Clyde went out to proper~y I n
no one ~as hone so tested out-
side faucet-there was no
smell., checked with neighbors
no other conplaint.
City is hauling out sa~d and
hauling in gravel and ~ill
ask trucking co. to stop
using the street for a turn
around.
Developer has promised to
make retention basin.
Water hole drained by ditch
across ~irch.
Clyde went out again and '~
flushed'hydrants.' ~
Lonnie took a water'sa~ple-
from hot water.tap and it'.-'
was sent in to be tested. ?
Test Satisfactory. ,,~
Pole reported to light ~ '
company far repairs. .~'
Street too wet to work.
~ign up.
DATE
Nfs. Douthit 10/30/79
Kenai ~led. Cen. I0/31/79
CITY · ~ENAI
CITIZEN PE?ITIO~ MONTHLY REPORT
SERVICE REqb~STED
~alker Lane needs grading.
Frontage Road and the road into
INlet ¥iew needs grading.
DATE INVEST.
COMPLETED
10/31/79
10/31/79
DATE
C~TIZEN
~OTIFI£D
DE PART[4~N'TAL REPORT
~alker Lane Bladed.
Rogers Road grade~ I0/I1
.Frontage Rd. graded 11~1
V-
DATE
~A:'E RECEIVED
joLn ¥cagcr 10/1/79
l;ill quandt 'Ib/3/79
Sharon ~ells 10/$/79
Sandy Lilderback 10/S/79
Cindy 10/8/79
Rays llayes .10/9/79
Dave Smith I0/10/7~
Annabelle 1~ecd~ 10/11/79
Annette 10/12/79
llugh Gray 10/1S/79
Oskolkoff 10/1S/79
Lisa Bergen 10/15/79
Angela HcCullough 10/I~/7~
Pam French
Hr. Saffel
Jim Doyle
Hike Dohicky
-I0/Z2/79.
lO/Zi/79
lO/ZZ/79
10/22/79~
CI?Y
CITIZE~ PETITIO~ MON~HLY REPORT
SERVICE REqUeSTED
Lost ~:olden Retriever F~q~py
Dogs in yard. ~ild~ood Ixt.
~irch St. Dogs running loose
Candlelight l)r. DoEs running loose
Lost tlanx Kitten
Neighbors letting dogs loose
at night.
Lost female Husky, 6 mos old
Lost dog blk long hair ~earing
I. D. tag
pegs running loose. Birch St.
Dogs in neighborhood Coning up on
porch and bothering guests
Lost Sanoyed. f dogs running' loose
Stray dog. Plea!e pick up
Lost blk pu~py.
Found Blk Lab.
Lost Gernan 5hepard2
Lost t~o Boxers·
DATE I~VEST.
COHPLETED
lo/1/~"
10/3/79
lO/5/7o
]0/s/7~
I0/8/79
10/9/79
10/10/79
10/11/70
· I0/1Z/79 '
10/1S:/79
10/16/79
~o/16/79
10/17/79
i~/22/79
'10/Z2/7~
lo/zz/?~ -.
DATE
CITIZEN
ROTIFIED
· Dogs.getting into garbage
DEPARTI.~I~AL REPORT
Lost 1~o1: File.
Fatrol area as tir. e per,,its
· Patrol ·area ,as tit~ p~r~its.
Patrol area as tir.,e pgrmits
Lost cat 'file
Conlacteg Ilr. ilayes about
problen
Lost dog File.
Lost dog file
Patrol area as'times permit
Discussed solutions with [irs,
Gray then contacted owners.
Lost ~og file. Patrol grea:~
Dog' gone ~hen I ~rrive~
Lost Dog Fil~
Please contact if ouner~ome
looking for dog. ..-;.
Lost dog file, .:'
Lost do~ file.'
Contacted blrs. Dohicky, will
check' th'ier place when I patx~.
~..~
~,
'~,. !;.
. .:?~.
DATE
RECEIVED
Joseph Shankel 10/22/79
'Judy Russell 10/24/79
~lr. Ivanhoff 10/24/79
~lrs. Gray 10/24/79
Brian Johansen 10/25/79
Eric Encelcuski 10/25/79
Becky llughes 10/25/79
Juno Cissell 'I0/25/79
Donna Strait 10/31/79
Linda Superman 10/$0/79
CITY~?ENAI
CITIZEN PETITIO~ ~O,'i"I'HLY REPORT
SERVICE REQUESTED
Found small male dog.
Lost German Shepard. Sterling
Dog~ running loose on Birch St.
Dogs running loose on Lilac St.
DATE INVEST,
COMPLETED
10/22/7~
10/24/79
10/24/79
10/25/79
Lost Siberian ltusky, Blk i uhite
Lost Pitt hull puppy
Lost ~hite Poodle
Found small dog terrier mix
Lost Springer Spaniel.
Lost ~epard boxer nix.
10/25/79
I0/2S/79
10/2S/79
10/2S/79
DATE
CITIZEN
NOTIFIED
DEPARTI. fE~AL REPORT
Please contact if owner calls
Lost dog file.
'Patrol'area.
Cited ~lrs. Gray's ~eighbors
at her request.
Lost Dog File,
Lost dog file
Lost dog file.
Picked ~p.
Lost dog ~ile..
Lost dog file. '
ANIMAL CONTROL REPORT
MONTH IMPOUNDED DESTROYED
October 76 42
D.(~.A.
29
ADOPTED
!
CLAIMED
4
Left from Sept.
Carried to Nov.
" "' ' CITY OF KENAI
P. O. BOX S80 ICENAI, ALASKA 9961
TELEPHONE 283 - 753S
October 29, 1979
MEMO
TO:
FROM:
SUBJECT:
Mayor and Council o£ the City of Kenai
Keith Kornelis, Director of Public ~orks
~hat's Happening Report for City Council Meeting
November 7, 1979
ALASKA DOT - WILLO~ STREET PROJECT
The following is a press release that we have just given to the
Peninsula Clarion and KSRM.
According to the Project Engineer, the fall phase of
construction on the Willow Street Improvement Project will
be concluded by Friday, November 2. At that time, the
installation of storm drainage will be completed as well as
patching of the pavement which has been removed by the
contractor.
~ork of further improvements including street widening,
repaying, curbs, gutters, sidewalk, and illumination is
scheduled to resume in April, 1980 and should be completed
by the end of July, 1980.
RENOVATION OF WELL HOUSE 101
City Electric, the electrical contractor on the project, still has
a considerable amount of work to do. They have assured us that
they will meet the November 21, 1979 deadline.
AIRPORT NAY - WATER,.SEWER, AND STREET
The only things that we are waiting for on this project are the
sewer cleanout covers. IYe are still retaining $2,200 for this
work.
~hat's liappening Report
Page 2
October 29, 1979
~ARM STORAGE BUILDING
This project is a design and build project. The documents here
been sent tp FAA and we are waiting at this time for FAA approval.
LUBRICATION FACILITIES AND SHOP ADDITION
The Drawings and Specifications have been changed to include
a small building maintenance area. The Plans and Specifications
have been completed and have been sent to E~A for their approval.
SELCTION OF ARCHITECT FOR CITY ADMINISTRATION BUILDING
Interviews were held on October 18, 1979 for the three finalists
for the design of the City Administration Building. At the
outset of this meeting, I was instructed to draw up a Resolution
awarding the project to Carmen Gintoli. This Resolution will
come before Council this upcoming meeting. I contacted .James
Andregg with CEIP concerning the procedures and the steps that
were used in the selection of this architect. This procedure
meets with his approval. A contract with CEIP for this
$50,000 grant has already been signed and is complete.
LILAC STREET
The results of the letter poll concerning improvements on Lilac
Street have been compiled. The letter was sent to all property
o~ners via certified mail on October 9, 1979. ~e asked that
the property o~ner reply prior to October 22, 1979. There were
a total of 30 letters sent out. Sixteen people replied prior
to the October 22 deadline. Of the thirty letters se~ht, only
16 percent wanted the ditches filled in. 10 percent wanted the
road left the way it is and 27 percent ~eodld like to see it
· paved with curbs and gutters. The results of this letter were
compiled on October 26, 1979. Between the 22nd and 26th we
received three more letters. By including these late letters,
the percentages change as follows: 27% paved with curbs and
gutters; 23% would like the ditches filled in; and 13% would
like to leave the road as is. Attached is a copy of the tally
sheet. The left-hand portion of the sheet is the part that
was sent to the property o~eners. They were asked to check
one of the four boxes at the left and/or write any comments
that they wished concerning the street.
The team leader for EDA was contacted concerning the problems
which the residents have with Lilac Street. He stated that
we could Still use some of the grant money that is within the
project but that the streets must be completed in accordance
with the project documents and dra~in~. If there ~ere to be
any changes on the street a full explanation in ~riting must be
sent to EDAo He cannot give any verbal O.K. to this change in
scope of project. Approval would have to be done in ~riting and
signed by the Regional Director. No force account work can be
What's ttappening Report
Page 3
October 29, 1979
done on ihe project. If there is a change in scope of project
above $10,000, it would have to go out for bid. Since the
City of Kenai has an ordinance requiring items over $2,500
having to ge out to bid, the City's Ordinance would take
precedence.
INSTALLATION OF STREET SIGNS
Tolchina Excavating has submitted an invoice for completion of
installation of street signs. The City has completed the repairs
to the sign making machine and has delivered the needed signs
to Tolchina. There are quite a few signs around the City that
are still in the need of repair but were not a part of Tolchina's
contract. Final inspection on this project will be on the
5th, 6th, or 7th of November.
WORKSHOP FOR SEWER TREATMENT PLANT OPERATORS
There is an Activated Sludge Workshop in Portland,Oregon on
December 11, 12, and 15. This workshop is slated to be one
of the best of the year and the Public Works Department desires
to send our sewer treatment plant operators to the workshop.
Both EPA and DEC officials have commented on the unbelieveable
improvement that our treatment plant 'has seen over the past
two years. Both of our operators have taken a considerable
amount of interest in cleaning up and properly operating the
plant. We have recently received our compliance inspection
which is done yearly and hove received a comment from the EPA
inspector of the plant that our plant was one of the best in the
State. Test results from our operators and the pro£e~sionals
of EPA are unbelieveably close. Both operators have made
improvements in their education also and are both certified.
There are continuous changes in the sewer treatment plant business
that our operators should be aware of. Construction of the new
sewer treatment plant addition is scheduled to start next construction
season. Our operators need continued educational benefits and
this workshop could be important to our operators. Approval for
the cost to send them will come before Council at this next meeting.
If approved, I plan to use someone from the Water and Sewer crew
to watch the plant during these three days. Attached is the
summary of the cost for the workshop plus a description of the
workshop.
MISCELLANEOUS ITEMS
The Public Works Departnlent has been reviewing Clt2M Hill's drawings
on the Interceptor Sewer Line and the Sewer Treatment Plant
Addition. We have made a few comments on their drawings and are
awaiting their reply.
I~'hat's Happening Report
Page 4
October 29, 1979
An applidation has been sent in to IlEA for 10 yard lights in
the City of Kenai's Airport parking lot. Six to go in the
long term parking lot, 2 in the short term, and 2 by Daddy's
Money. ·
I am still awaiting a cost estimate from Malone Surveying
for work on the Frontage Road south of the Spur Highway. Wince,
Corthell, Bryson,and Freas seem to be knowledgable about this
area, and I have therefore asked them to look into a cost
estimate for engineering of a project for pavement, curb and
gutter,and storm drainage. This project should be of top
priority since there is an indication that the property owners
would be willing bear some of the cost for construction and
because this area needs to be cleaned up.
KK/j et
October 1 1979
1'O:
FRO:.I:
Ail Lilac Street Residents
Keith Kernel is, Director of Public ~'/orks ~3
SUBJECT: Lilac Street
le validity of the letter poll cf April 13, 1979 h,~s been Replies
~estioned. This poll was to ask the owners of lots on Lilac Prior 10/22 Combined
:feet what their feelings are concerning the improvqments '1
tde last year. , ~.,
.ease check one of the boxes below and return this..sheet.in o
~e enclosed, self-addressed, stamped envelope by October 22, 1979-
· is important thor you return the poll no matter ho~ you
~ Leave :he road as it is. (Including continued maintenance.
~ I fc~l Lilac S:reet has never had a ~rainage problem, and
the City should spend additional m~ey ~o pull the culverts
and fill :he ditghes with. sand and gravel ....
~ I feel that Lilac Street should b~ paved with curbs and
~ I really do not care what happens.
Other cpmments:
'
Total number of letters sent
The
q
the
It
Compiled on /~/~/7~
CITY OF KENAI
P. O. BOX 5~0 KENAI. ALASKA 99&$ !
TELEPHONE 283 · 7535
October 22, 1979
ACTIVATED SLUDGE WORKSItOP
Portland C. C.
Rock Creek Campus
December 11, 12, 13, 1979
Air Fare for Jim Wolverton and Ken Siirila
AAI Round Trip to Anchorage
Western Round Trip to Portland
$ 90.00
603.88
Hotel Reservations Monday, Tuesday, ~ Wednesday
Estimated SSS/per night
Per Diem for Monday, Tuesday, Wednesday, $ Thursday
at $20/day each
Taxi Fare from Airport to Lodgings and Campus-Estimated
165.00
160.00
40.00
$1,058.88
Tfl p O RAH
~ugh ~he coopore~on of the
muflit¥ college ~ yo~r ~ ~d -
State ~ of ~d~n, ~n-
fffe~n~ up~d~ ~ to the
gon. - '
s flyer covers o[lly those courses .'. :~;' ~ .: . . ..: : . ..
· red during the 1979 Fall academic ' ' PUMPS AND PUMPING
~er (Bept, through Dee.). Llnn~ -*:PUMPS AND :* * :: ' This coursqcovers the operation,
· : ~:.?"-':THE HORKSXOPS THE DESCRIPTIOrIS
CHLORINATION
Att Op~l*'dtor course for t~
~CHLORINATIO~ - ~,,fh~,t ~.~n ~ ~ ~ ~nsWle for c~o~fl~ ~u~m~t..
': ' ' '' C-~;'~"aU'-~';~'~' B-~"" T~ ~u~ ~ ~ver the eh~ of
S ........... ' ehloa~en the delilah of C]
. ' ~ . _. , preventive and ~utb~e
1
. . ~ . -- -..-; p~s.
- Chemeketa C.C.
Salem
'* Oct. 9, i0, 11,_19.~9
:.
· HYDRANTS AND
.VALVES . - Umpqua'C.C.
Roseburg
: ' -' . Oct. 23,24,25, 1979
· ;. CROSS-CONNECTION
CONTROL - Linn-Benton C.C.
Albany
.*-'. ' Nov. 6,?,8, 1979
- Treasure Valley C.C.:.
Ontario
Dee. 4,5,6, 1979'
- Portland C.C.
- _'l~.o~k.~C'~;~k.-C-a~ p u s
Dee, 11,12,13,"1979'
maintenance basic theory, and nomen-
.. elature of centrifugal end suction pumps,
· special attention given to selection and
"" replacement of peeking and mechenical
seals, preventative maintarmnee, repair
· and replacement of pump parts.
-HYDRANTS AND VALVES
...4';ill give water works operators the
skills to service end install c~mon types
of hydrants. Also includes inspection,
testing and re~ords.
. CROSS-CONNECTION'CONTROL
For operation and management
personnel. Will cover contamination
i~;.:es, sources and testing type~, use,'
' installation and inspection of control.
· i SMALL WATER SYSTEMS
A course for the owner and/or
- operator of small water systems (10-400
connections). Covers wells, pumping
· systems, surface water colleetfon,
· ehiorinstion, siorage reser~oLes, distri-
bution systems, hydrants end meters,
Major emphasis will be placed on main-
'~ termnco of pumping and piping system.
ton will be mallL, lg to you a flyer PUMPING
ate Novembe~ covering those courses -
locations dm'tng Winter quarter
~. through March). A flyer will.
~ be marled In late February for
se courses offered Spring quarter
· rtl through
WILL NOT be sanding individual -
· rs fro' eeell workshop. Therefo.-'e,
encourag~ you to refer to this
,r and the LBCC Training Calendar
dan your trainin~ activities for
eo~ing yes~, .:
~EGISTRATION PROCEDURE
s year I, BCC ~ be handling all S&eALL WATER
-registration, Fill out the attached .SYSTEMS
istreflon form and mail to the
tess Indicated, The fee for all ..
.kshops is $4S pes' person ~hieh
· be paid In advanco o~' at the work- .-
p. Cheeks for ali fees paid in .- ACTIVATED
anco and billL~g requests should be '.. SLUDCE '
io out to LBCC, You wffi be sent a.-~.
istraflon confirmation whleh will ' ' * '-. * .
teate e~aet workshop loeatloa and . -*** .:
or specific lnstm~'~on~. - .... *
CA,I, CUI, ATOR TO ALL '~ORKSHOPS -* -
-. i' ACTIVATED SLUDGE
" -- ' ' i Intermediate level instruction on
· .. "~ theory and operation of the activated
· - .. i sludge process. Control schemes and
! operational lab tests valll be covered
Introduction to Opera!fo__ne! Strat-
SVI. MCRT, SRT, F/M Ratio
Sludge Age, Sludge ~uaiit¥,
Respiration Rate
Biological Principles of Se~0ndary
Treatment
Process Control Calculations
Setileometer, Centrifuge and
Sludge Units
DAY '2
Activated Sludge Microbiology
Sludge Concentration Chareeter*
istics
' Return Slud~e Flow Control
Trend Charts
DAY 3
Sludge Wasting
Data Handling
Trouble Shooting Problems
;OR MORE DETAILED INFORMATION
r%BOUT SPECIFIC OUTLINE TOPICS,
;~LEASE CONTACT OUR OFFICE:
Linn-Bentan Community College
· Water/Wastewater Department ,
I 6100 $W Pacific Blvd.
Albany, Oregon 97321
Phone: ~03-928-2361 Ext. 330
October 19, 1979
CITY OF KENAI
· ,4
ILO. lOX SI0 KENAI, ALASKA ~&ll
I'GEPIIONE 283.7~3S
RE: Conttngency Aircraft Parking Plan - Fish Processors
The proposed 1000 foot strip adjacent to taxt~y "C" could be developed
tn approximately one week at an estfmated cost of under $10,000. This
space would then be leased to processors.
John Arsenault, FAA Tower Chief, sees no control problems and concurs with
using that area if necessary.
Floyd Patttson, Chief of Airports Branch, FAA, also could see no problems
when described to him on the telephone. He has been sent a letter and
diagram explafnfng the situation.
JES:Jw
Attach.
o
n
October 26, 1979
PUBLIC STATEMENT BY THE KENAI CITY COUNCIL CONCERNING SPHERE OF INFLUENCE
AND ANNEXATION STUDY AS PRESENTLY STATED IN THE DRAFT COMPREHENSIVE PLAN.
The draft comprehensive plan is not before Council. The Plan must go before
the City Plannfng & Zoning Advisory Commission for public input, revision
and recon~endatton to Council. The Ceaeission plans a work session Nov. 6, 1979
and a formal session November 14, lg7g.
The proposed plan, when it reaches Council for formal consideration nmy
by quite different than the present form.
The City Council, acting in a spirit of cooperation, desires the following
to b e clearly stated:
The main facts considerations and recon~ndations of the draft plan
deal with the internal development of the City. The Plan analyzes
the amount of land within the City, the amount of usable land, the
ovmershtp of usable land. The a~unt of residential, cea~ercial and
industrial growth that can take place on such land - the findings of
the Draft Plan is that substantial growth can and should take place
within the present City limts.
The major focus of the Plan, 174 pages out of 179, are concerned with
the interior future growth of the City.
As regards the five pages of the 179 which ~iscuss "spheres of influences
and future study areas" the Council wishes~t6clearly state the only reasons
for boundary adjustment would be the following:
If the City were in a fully developed status and found itself
in a landlocked situation.
The Plan rather clearly demonstrates the population of the City
utilizing present usable land can reach $3,721, compared to the
present 4,500.
It is apparent the City is not in a landlocked situation and will
not be in one until a future date, if ever.
g. To produce net increase in municipal revenues.
In this regard the City presently receives revenue from:
a. Taxation of personal and private property, sales tax, user
fees, Federal and State revenue sharing and other sources.
b. The City has land assets which it contemplates selling, the
proceeds of such sales will be used to offset capitol expenditures.
Such sources of revenue are presently sufficient to fund reasonable
growth within acceptable time frames. Further any extension of
City boundaries at this time as proposed for study in the plan,
would cost the City more to provide services than the revenues
from the newly acquired area.
I - 'lmmllll~ - - '[
-2-
Thus it is apparent, there is no financial advantage to the City
in acquiring additional areas.
Only after mutual study, consideration and consent of the people
in the area involved, would boundary adjustments be enacted.
The Draft Plan at this time calls for "ongoing study and analysis
rather than a progrmaned annexation plan." The Draft Plan recom-
mends Borough action as regards zoning on the areas bordering
the City but that is a matter to be decided by the persons in
those areas, not by the persons in the City.
In conclusion and review:
The Draft Plan is not before the Council but is before the City Planning
and Zoning Advisory Cuim. lssion. The Plan is subject to revision before
reca~m~ndatton to the Council.
The City does not have a landlocked situation requiring border adjustments.
On the contrary, the analysis shows the City can grow to 15 times its present
population based on present usable land.
The City revenues are reasonably sufficient under presently known conditions
to meet programmed growth. Adjustments of the City limits would be financially
unfeasible.
Any adjustment of City limits would only take place after mutual study
consideration and consent of the people in the areas involved.
Ao
B.
C.
D.
E.
F.
KE.XAI i'E,X I;¢:;UI.A BOROUGH
A{;ENDA FOR TIlE RE(iUI.AR ASSIL'.!BI.Y ;.II.ETING
SI;I'T}:MIH~R [g, 1979; 7:30
BOROIIGI] ADH I X I STRAT I 0~ l;H [ I,D I ~G
P. O. 15OX 850
SOI.DOfNA, AI.ASKA 9~669
AGENDA-
CALL TO {}RI)ER AND ROLl. CALL
Pt. EDGE OF AI. LEGIA.~JCE
SEATING OF NEff ASSI:'MBI. Y,~IE.~IiiI'~RS (none)
AGEXDA APPROVAL
APPROVAL OF blINUTES OF SEPTE,~IBER 4, 1979
ORDINt~CE tIEARINGS, OR OTIIER PUBLIC IIEARINGS
{a}
{bi
(c}
Ca}
(e}
Ord. 79-50 "Establishing a Borough-~ide
E~onomi~ Development Council"
Ord. 79-$2 "Establishing the Position of
Assistant to the Mayor'for Civil Defense
for the Fiscal Year 1979-80 and Appropri-
ating Funds"
Ord. 79-53 "Providing for the Disposal of
Certain'~arcels of Borough Selected Lands
by Lottery and by Negotiated Sale"
Ord. 79-54 "Providing for the Rezoning of
~'~~of Killen Estates, Addition No. 1
Subdivision, City of Kenai, from Rural
Residential to General Commercial"
~e NO.
Approved
Enacted
I Enacted
2 Enacted as
Amended
7 Enacted
Ord. 79-55 "Rezoning a Portion of the
Beaver Creek Alaska Sub., City of Kenai, ~
From Rural Residential to General
Commercial" , 7 Enacted
G. CONSIDERATION OF RESOLUTIONS
Res. 79-133 "Amending the Contract for
S$1dovia ~hool Site Improvements to
Include Additional Fencing"
(a)
Res. 79-134 "Authorizing the Sale of
Shrplus B~'~ough Personal Property"
Res. 79-135 "Promulgating Regulations
~verning the Lottery Sale of Borough
Selected Lands"
(b}
(c}
7 Adopted
7 Adopted
7 Adopted as
~anended
Res. 79-136 "Awarding a Contract for
:Survey Services-' for the Bestgn of Bear. ,,
Creek Drive to Alpine Consulting Engineers 10 Adopted
Ii. INTRODUCTION OF C?.)INANCES'
Ord. 79-59 "Amending Section 2.40.090 of
ihe Boroudh Code Relating to Per Diem and
Travel Expenses of Planning Commission
Members"
(a)
10 Set for
ltearing
10-30-79
FOR HIXIH'I.S 01' St'Pti :rl.r~.~ I ~..
~d)
Ord. 79-60 Ar.,.endin;: tL,. ~ic'~,,i 7. o. ing
~db~'ilZT' t~--i;cTl~,:it ti,:' l.¢,,'ation ~,f (.Lt'rcLe:.
ns a Condition:ti {l:,e in the t,ei.cr;l]
Coo,sc. re in I Zone"
Ord, 79 fiI "^-thorizin:: the l.xl,:'~,liture
~t' l~olo~,?.h' Fund:; to Proceed 'll,ro:lilh the
Conz. truction 1)oct,:er,:s Phases of ArcLitec-
rural Services for Proposed l'ul,lJc Schools
Projects at Xorth Kc.~ai Jr. llit;h ScL,,ol,
tgikol;,ev~k Sch,,ol Additio{:, 5ini]chJk
School Addition, ~<t.'~: lioz:er Elc~::c;~lar5,
School, Fo,ir Classroo:-~ Y. ddilions at l:orlh
Kenai l:lcncntary School, tlo{aer Ilij:h School
Phase II (lheater Auditcrit,~, Food Service
Facility), Ilomer !-liddie School, KennJ. Cenlral
Iligl; School Auditoriu:;, and Soidotnn
iligh School Addition"
Ord. 79-62 "Authorizing the L×Fenditure
~T l;oroul:h Fur'{ds to l'rocecd Thio:~gh thc
Con:;truct ion Documents t>l, asc. s of Architec-
turnl Se~zices for l'roposed Central
Peninsula 6eneral llospJtal Facilities"
I. FOR'.IAL PRESE:;TATIO:{S I~'I'ill PRIOR XOIlCE
,*.large 3lJller - La:~d Sale
J. kO,~-!:l I TTIiI: RtiI'ORTS
School Board (Arnegs)
OIi11I' {Fi$cher/t. losos)
Finance (llllle/Cooper/Cr:a:ford/;!cCloud/
Corr/Doug]
Solid {gaste (Fischc. r/?.larl Jn/Ctmi,erj
Roads 6 Trails {lony;/5;artin/Ci, rr)
{'ort~ ~ IMrbors (Arncss/Cnmpl
Ne~o 80-30; Igood{~ard-Clyde
present at i on by Cha~ I es gJ
l,ocal Affairs (Cm.,l,bell/Amha,'i;,n/l~i~,,r, ick/
Arness)
K, ~.IAYOR' S Ri;PaRT
(a) Finance Report for August, 1979
SCllOOl. COX.e, Ti-:UCTIC,~: (nor:e)
OTt I1.1', BUS I.~ES5
(a) AppoJnl~.~:.nt o£ E],.ctio-..Itldl:t.s for t,ciol,t.r
~, and Oclober 23 197!)
Ch:,n~.le o£ ,%l¢.¢liJH: !;~lc.s fur Corel,er
OCtObCl' 9, a~.d (k't.{ '.'~
(c) 3':~x A,:.ju'~tli,ent l:eque:.is
l'liNl)l ;;(; l.{.(; 1 ..... CI J (;'i
AS.<t!?.IBI.Y ,'~.~t) :,IAYC:: ' S I't):.I'IKTI :g
I'UBI, IC COM,'.!I:NI'S; ;.Ir. l)n I e Sm:u':ers, llo:acr SC, l)! ic
ll,:l:l{ll:.lA'rlOf:.;l, :.:A'FI:I' 13.1., (' /C;D l::~l'O:~ I':;
10 .~;e! for
tle:,r i~g
I0 Set for
11 Set for
Jlcaring
l] ;;ut present
11
12
l 2 Ac~no;:lcdgcd
12
12 Apl.rOved
] 2 ,~l'P""~ i'd
]3 Adel,lcd as
ABSENT:
LATE*
CALL TO OllilliR .'O.D llOl. I. CAI. I.
l'res. [IsDn called the ~:eeting to order al. al,l, rr. xi~,.,ately 7:50
PgESE:;T: A.~seJnblyr.,.er.]ber$ l.onga, ;.lartin** l. loses, .%IcCloud,
A~barian, ^mess, CaTapbell, Cooper, Corr, Crat~ford,
Davis*, l/iaL~ick, Douglas, Elson, Fischer*,' tlille;
;.~ayor {ii lin:m*, Adr~in..lsst. Baxley, Atty. satisfy
Finance Director Barton, X~se.~sor l'hof,]as, Planning
Director l','aring, Econo:.~ic Development Director
,~Icllharge)-, Public l'/orks Director llakert, Land
.~lanagement Agent Barnes, gorough Clerk Brymer
gone
C,
The
E.
The
F.
2'he
for
PLEDGE OF ALLEGIANCE
SEATIgG OF NEll' ASSEHBLY;.;EblBERS (none)
AGE:.;DA APPROVAL
agenda was approved as submitted.
~IISUTES OF SEPTEMBER 4, 1979
minutes were declared approved as written.
ORDD:A,~;CE IlEARINGS~ OR OTHER PUBLIC IIEARI.gGS
(a) Ord. 79-50 "Establishing a Borough-$;'ide
£cb'nomic Development Counci I"
ordinance ~as read by title only as copies ~,'ere ava~.lable
the public. Public hearing vms opened.
/.Ir. Mcllhargey reported the ordinance is .~ formal identification
of a boroughwide economic development program }tith an eleven
member council, rn;s :s a reorgantzat~,.o,n of what ~'as previously
referred to as the OEDP Committee. It ~:ill concentrake more
effort on expanding business and attracting mete industry. Organ-
izationally it v;i. li retain borought¢ide representation and develop-
ment interests.
Mr. Scott llammon believed if the council was established it would
be a further step toward regional government,
t,.'. no one else wished to speak, public hearing ~.tas closed.
ASSE~IBLY:.IEMBER McCLOUD lqO%'ED TO ENACT ORD~. 79-50 AND h'ITIIOUT
DISCUSSION Tile ORDIXA:gCE ILlS UgAI;I.~IOUSLY ENACTED.
-(b) Ord. 79-52 '°Establishing the Position o£
Ag~istant to the [layor for Civil Defense
for the Fiscal Year 1979-80 and Appropriating
Funds"
The ordinance was read by title only as copies ~ere available
for the public, As no one wished to speak, public hearing was
c 1 o s ed.
ASSI;~.IBLY:.fl'31BER DI[.ISlICK ,~IOVED FOR ENACT/,IE.~T OF ORD. 79-52 AND
KI'fHOUT DISCUSSION 'THE ORDI:iANCE IVAS UNA:;I3IOUSLY ADOPTED.
considered for sale. tlc
purchase these lots for Ibc apprui.',.':! value as lie ha." Ih'-' on!y
,accessible ,cote to the
~lr. Pat Grine.;, North Y. oarl, pre.icntcd ii letter conceri:in,..l a land
sale parcel, Zo. 9~. It states .'.iii:; ia~:d has t, ctn ,,-itiu;r;:'~a~ fro;;
the sale at this ti,ac :.:ich thc. rcc,.::.:.':cnd;::ion it ),c he;d. Th,.-re
fl,fl ~:as sbocl:r'r: to l¢'ar,~ !!,is pre.-.: .,'t'.,' t:ar i,(ludgd in the bo,-ouCh
laiid sale. She is ,:illinl; ~a Pc'7 a fair p':'ic; for thc property
thc parcel at ~: ne,.:otiated sale· ~t.e record :;t:.o',> ~eceii:t of tl;e
letter frei: fat
~,Ir. Tru,aan t:::udscn .stated t,:. ;;at; ~;c)I ;:p=al.in., fm an}' pc,,tic.,,far
parcel, bu~ be;i. cvcd thc,
r~ot~ ].;t~ iii its control, t..'c bad ~,uped th:: hr,;,;: ..... '
~:ould b= a~-2::aed allrl ¢-n:;c*.ed to l;r~,;'i.4, c fo:' free llq,:? :,s that is
sell it at a lot..' price.
outcry a:icticm ratb:~r 11,~:1 lottery
equitable ~.:ay of di..~¢osln;; of
Section .I, a,hl nc~ ~uhscction 9 to read:
"9. All lmrCels are sold "as-is" and the purcha:;er shall
bc respvnsibl~ for ri~iting the r~cel and lev ascertaining
the condition ~f the site."
Section -l, add a n¢~ Snbse~tion 10 to read:
"hhcuever the principal amouzt of the purchase price is
reduced by an incre::ent of 20~, the purchaser ~aay request
the gorough to release its right, title and interest to
105 of the total acreage of the parcel selected by the
purchaser for purposes of subdivision of the property.
Ihe borough shall release all right, title and interest
to any such portion on condition that the purchaser sill
comply with ;ill subdivision regulations and ~ill not transfer
any osnership ri::hts, title, or interest by deed, or other
instrument, or contract of sale, until the final subdivision
plat is approved by the Planning Co~.n. ission."
Section 4, add a ne~ Subsection 11 to read:
"The Planning Co:=ission shall not permit the subdivision
of any sale land upon ~hich there exists an unpaid principal
balance, except acreage released pursuant to Section 4 (10),
until suitable arrangements have been made to assure payment
in full of the balance due to the borough."
Add a Xew Section 7 to read:
"Section 7. The conditions recommended by the Planning
Commission for the disposal of certain parcels of ~sale
lands~, as set forth in the docuaent 'Planning Commission
Recommendations', dated August 27, 1979 are incorporated
into this ordinance. These conditions, together with such
other conditions of sale as the 3~ayor may deem necessary to
protect the interests of the borough, shall be incorporated
into the contract for sale and included in the deed for
the affected parcel if necessary."
ASSE~BLYME)IBER CORR )lOVED TO DELETE SUBSECTIO~ 10 FRO)I TIlE
.~4EXD:dE~T.
)Ir. Fischer stated he also had reservations about Section ~0
as it would allow a purchaser to buy a piece pf lend, pay off
20% and then subdivide 10% of the total acreage. If that 10~
of the land has 805 of the value, then the purchaser could de-
fault and the borough wo~ld have to take back the less desirable
90%.
~r. Arness objected to Subsection I0 stating it puts the borough
in the real estate business. If the borough proceeds in this
manner more people will have to be hired for the Planning Dept.
31r. Gert agreed stating consideration should be given to getting
homes and other improvements on property rather than just allowing
subdivision speculation.
~r. Cooper commented the borough is already in the real estate
business as it has acreage to select and dispose of under state
Iau.
~rs. ~ouglas commented the borough may be in the real estate
business, hot it does not have to be the banker.
QUESTION I~AS CAI. LED ON TIlE ASlEND~I£~T TO TIIE A~END~IIiNI' ~ItlCt!
PASSED BY A VOTE OF 126.5 "YES" TO 17.5 "XO"; Campbell and
Cooper voting negatively.
- 3-
~ KENAI PE!~INSULA BOROUGII ASSEr, IBLY REGULAR I, IEETING MIr;UTES
S_~_?_T_~!B_~_R_ 1~, 1979 PACF. 4
ASSEblBLY~.IEMBER DI.~4ICK ~IOVED TO Al. fEND TIlE ^,~fEND,~IE,'IT BY D~LETING
F~bI SECTION 4, NE[~ SUBSECTION i1, "except acreage released
pursuant to Section 4 (10)" AND RENUNBER Tills SUBSECTION "I0",
NOTION P~SED BY A VOTE OF 118,5 "YES" TO 25.5 "NO"; Long, 14artin
and NcCloud voting '~o".
QUESTION ~AS CALLED ON DII,~,flCK~S MIEND~IENT AS ~IE~DED AND THE
)lOTION P~SED BY A VOTE OF 135 "YES" TO 9 "NO"; ~fartin voting
negatively.
~SENBL~IE~IBER HILLE ~IOVED, BY REQUEST OF TItE FIN~{CE CO~[ITTEE,
TO ~IEND ~HE O~INANCE BY DELETING FRO}l THE TITLE "AND BY I;EGO-
TIA~D SALE"~ DELETING S~CTION ~ M;9 SECTION 5 IN THEIR ENTIRETY~
REndERING T~E ~t.~INI~G SECTIONS AND IN TIlE LIST OF LM;D$ DELETE
ALL PARCELS DESIGNATED FOR NEGOTIATED 5AL~.
Mr. Hille reported the co~ittee felt the negotiated ~ale portion
of the ordinance is too broad and thc committee ~ould like to
see the administration prepare an ordinance that specifically
addresses negotiated sales as a separate issue, approved by the
Pla~ing Co=ission.
QUESTION l/~ CALLED AND THE ~IEND~NT P~SED BY A VOTE OF 117
"YES" TO 27 "NO"; )lartin, Arness and Corr voting negatively.
Mr. ~ille referred to the provided amendment to Re~. 79-1~$ shich
includes the right o~ the spouse to Iile an application also.
~SN~BL~IEMBER HILLE IlOVED TO M, IEND THE O~IN~CE IN SECTION 6,
PA~G~PH ($) TO STATE "A person may file an application ~or
gurchase only on his or her o~n behal[" ~19 DELETE 'or that o[
is spouse." THE ~.IENDIIENT PASSED BY A VOTE OF 117 "YES" TO 27
"NO"; ~rtin, 9avis and Douglas ~oting negatively,
~SE}~L~IE~IBER FISCHER ~IOVED TO ~4END SECTION 6~ PA~G~P~ (~)
TO ADD T~E FOLLOI~'ING SENTENCE: "An applicant must have been a
resident oK the borough for one year prior to the sale".
~r. Fischer clarified his motion by stating he referred to
residency i~ediatel~ preceding the sale.
qUESTION I~A$ C~LED AND THE ~IEND~IE}IT I~AS APPROVED BY A VOTE
102.5 "YES" TO 41.5 "NO"; ~loses~ Campbell, Cooper, Crab,oral
and ~i~ick voting negatively.
.aSSE~IBLYt. IEMBER FISCIIER t. IOVED TO ~IEND PAGE 5, SNCTION 4~ ITEM 7 TO
RE~: "There shall be a 51 reduction in sale price for each year
of borough residency up to a ~axi~u~ of
~tr. liartin questioned the legality of the residency provision~
and borough residency vs. state residency. The question
directed to Atty. Sarisky ~ho replied that on several occasions he
ha~ cautioned the assembly about residency rcquirement~ in vie~'
of the U.S. and Alaska State Supreme fiourt~s decisions construing
the equal protection cl~use of the ~eder~1 and ~tate constitution~.
~lr. Sarisky read a portion o~ the concurring opinion of J~stice
Rabino~-itz in the Bierne Initiative c~s~. In this case Justice
Rabino~dtz is saying that th~ Alaska constitution is ~ore protec-
tive of the equal protection right than the federal constitution
and he has further stated that Alaska Supreme Court is going to
require a compelling state or public interest that r~lates to
the purpose of the legislation before people can be excl~ded
simply because they are not residents.
~layor Gilman hoped ~Ir. Fischer ~'ould be prepared to ~'rite the
o 4 o
L'r. C,~:.F:"~II bc'li'-'vc-d it ~ill be diffic,slt to coy'er all the
proble:: ~reas in tki~ p.:rt i,:ular ;.il,. :~;~.{ ~tJ~. a:;z,~r*LIy ~Loisld
';~til ~:fter thi~ sale an,.~ the;~ ~ork o':t t~e pr,~blet~ for
reduczion allo,re.] in the sale price for each full year of Borough
residency ~;p to a naxinuz; credit of
~r, ~artin questioned wEethcr the borou:;h actually o?in~ the land
being 5~ld. [~avor Cilnan reported at thi~ tir,,e the borou~
235 acre~ of th~ 878 being considered. In dJ5cusaion ~ith the
9irector of the Diviaion of Land5 at 3 p.ra. today, he ha~ stated
the b~rough ~ould hare title to the 30,0~0 acre~ ~hich it has
signed the necessary doc.nent~ for by October 20~ houever~
~re been told that before. The >-layer recozneflded proceeding
~ith the sale a5 all docm~entation i5 in place to a5sert tho
borough ha5 unqualified right to the lands.
~ESTIO:t ~ CALLED OX TIIE M~E:;D~E~;T ~lllCil PASSI~ BY A '~OIg OF
113.5 "YES" TO 30.5 "l';O"; ~artin, Canpbell, Cooper and Craaford
voting negativoly.
ASfi~)IBL~IE~IBER ARf;ESS 5~OYED TO ~.IE:~I} SECTIO~ 6, (1) TO DELETE:
"Each participant zill be entitled to nuke one application
~pecifying the particular land ~ale unit for .hich the applicant
desires to be considered."
In support of the notion, f-lt. Artless stated anyone ~ho ~iahea to
get ao~e land ~ill be linited if they can only file on one piece
of ground. The per, on should have the option to put his clai~
off any nu<ber of tracts to increase his chances.
CAr; Of;LY APPLY FOR FOUR If{ACTS AT A TI3iE AT EACI! 5ALE.
To clarify the amendment :4r. Cooper noted rather than deleting
the sentence, Mr. Corr is suggesting the sentence be left
but changing it to "each participant ~:o~tld be entitled to make
four applications for specifying the particular land ~ale unit
for ~hich the applicant desires to be considered.'*
QUESTIO:; ~{~S CALLED l:;a 'rile ,X;fI:~;D~,IENT TO TIlE AME//D~IEST FAILED BY
A Vfffg OF 18 "rES" TO 126 "~;O"; Corr and Fischer voting "Yes".
Tile ~IF.,EI);IENT PAS$ED BY A VOTE OF 117.5 "YES" TO 26.5 "~O";
Canpbell, Cooper and Corr ~,otlnz negatively.
LM;J) ~fA~;AG~,IE~T OFFICER SET ASIDE 30~ OF TIlE PARCELS FROH Tills
SALE TO BE OFFEREt) A] TIlE SA~IE TItlE AT A LOTTERY FOR RESI~E~ITS OF
~0 YEARS OF AGE A~;D U~/DER.
Itaynr Gilman requested the b'ordjng be changed to authorize thc
l, layor to set aside the land rather than the Land Management
officer. )Ir. Corr concurred,
Mr. Martin reported he ~ould rote against the amendment aa it
dlscriminat,s against other claaae~ of people.
- 5 o
THE A~fEND~E~T FAILED BY A VOTE OF 9 "YES" TO 135 '~O"; Corr
voting affirmatively.
AStENBLY~E~BER C~FORD ~OYED TO M4END SECTIO:; 6, (1), LAST
SENTEYCE TO ClIA~GE Tf[E "the" TO "each". ~OTIO~ PASSED BY A ¥OTE
OF 126 "YES" TO 18 "~O"; Corr and Davis voting negatively.
AStENBL~NBER DHE. flCK ~OYED TO A~fEND TIlE PORTIONS OF ~lE
ORDINAI~CE THAT REFER TO A LOTTERY, TO A SEALED BID SALE.
Nfs. ~i;mick reported she is not the only asse~blyme~ber who is
uncomfortable with the lottery concept. The original Planning
Commission recommendation was for a sealed bid sale and this is
the best compromise between the people who wish to see an outcry
auction in order to get the best dollar for the taxpayers of the
borough who will not be getting the direct benefit of land, and
the people who support a lottery and who would like to see the
land available to borough residents. This would not change the
SO~ credit or the residents* requirements. She did not like the
idea o£ ga~bling for land as land is too important.
Er. Davis asked if the borough ~ould need a permit to conduct a
lottery. Atty. tarisky replied this is not looked upon as a
gambling device, but a ~ay of selecting who is qualified to
purchase the land. At this time he could not reply as to the
need for a state permit.
Hr. Davis stated the courts across the nation have held that a
lottery consists of three things; a prize, consideration, and
chance. The prize is the award of the land, the consideration is
the $10.00 in cash, and the chance is the dra~ing. ~r. Davis
preferred the sealed bid method.
Atty. tarisky state~ the prize here is not in the sense of the
usual lottery where you walk a~ay with a prize that is far in
excess of its value. Here you are selecting the purchaser ~ho
will then not obtain a prize, but be entitled to purchase pro-
perty at the fair market value as determined by the appraiser.
Nr. Noses commented that earlier members seemed to rely on the
state*s ability to conduct a lottery and tha~ ~as all right at
that ti~e as long as we were talking about residency. Apparently
tho state did not have a lottery license. A fe~ years back tho
federal government used the lottery system to get people into
the army and that certainly wasn't a prize, lie believed the
sale should be looked at for what it is rather than fabricating
something else out of it.
~rs. Vimmick stated that either tinder thc lottery or sealed bid
syste~, once the person has title to the land, they can sell it,
subdivide, etc. Referring to a comment on the "carnival atmos-
ghere" of the asse~;bly discussion, she believed this seems to
e the only way to ha~mer things out without working behind
closed doors or using a rubber sta~p.
Following further discussion of merits of various ~ethods of
sale, ~fayor gilman stated if the sealed bid method is used he
uished to see some standards set which addresses the Si credit
for residency and ~hat is going to be required to prove residency.
~r. Cooper stated this ~ill be addressed in the resolution.
QUEST10~ ~A5 CALLED AND TIlE ~V, IE~DI.ltit;T FAII,ED BY A V01E OF 56.66
"YES" TO 87.54 "SO"; Arness, Cooper, Davis, Dimmick, llouglas, and
Elson voting is~ the affir~lative.
- 6-
I
I'I,:;I:;:;III.A Bol{Ol]{;ll 3.';.:;I :.Ii:LY l.'ll f;~l.~:,' ,tll,l. I'I:;G
1979 PAt;l; ?
A VO'I'I[ OF 99 "¥i]S" T{} .[5 ""O"'.. , :l.:rtm, Amass, ll:l¥is, l)i:.uaick
and Douglas voting neg.itivoly.
{d) Ord. 79-54 "Providing for the" ~ '
Subdirision, City of gem, i, fro;a
gesidential to General Co:a.aercial"
The ordinance iias read by title only as copies ~'ere available
for the public. Public hearing :~as opened and as no one wished
to speak, :cas closed.
ASSE~.IBI.YSIEIIBER AglBARIAX ;,IOVED TO IiX.ICT ORD, 79-S4 AND I~'I'I'tiOHT
DISCUSSIOX, Tile ORDINA~CIi IfAS IJNAX [5:OUSLY Ii}i.~CTED.
(e) Ord. 79-~5 "Rezoning a Portion of the Beaver
Urebk Alaska Subdivision, City of Eenai, from
Rural P, esidential to General Co~nmercial"
The ordinance :las read by title only as copies ~'ere available
for the public. Public hearing :~as opened and as no one :}'ished
to speak, tias closed.
ASSEMBLYJIE31BER ,U.IBARIAN MOVED FOR ENACT}lEgiT A}~B I~'ITItOUT DISCUSSION
TIlE ORDINAl;CE i~AS UNANIIIOUSLY ENACTED.
G. CONSIDERATION OF RESOLUTIONS
(a) Res. 79-13~ 'A~cnding the Contract for Seldovia
SchBOl si't'e I~provements to Include Additional
Fencing"
ASSE~BI.Y~IE?.~BER C~XI/FORD MOl'ED TO ADOPT RES. 79-155 AXD
DISCUSSIO:i TIIE RESOLU'rION l/,XS UXANI}IOUSLY ADOPTED.
(b)Res. 79-134 "Authorizing the Sale of Surplus
Borougll Personal Property"
ASSEMBLY~IE3IBER DIVE, lICK 5IOVED FOR ADOPTIO:i OF RI~S. 79-134,'AND
~ITII APPRO;'AL OF TIlE FIXANCE COSBIITTEE TIIE RESOLUTION I'IAS ADOPTED
BY A UXANUIOHS BALLOT.
(c)Res. 79-135 "Promulgating Regulations Governing
~e' Lotter~ Sale of Borough Selected Lands"
ASSEMBI.Y~IE:.IBER DAVIS ::IOVED FOR ADOPTION OF RI[S. 79-135 AND TO
REFER TO LOCAL AFFAIRS CO;,~.IITI'EE Ai(D REOJ:.I:,iE],:D ACTIO:q BY OCTO-
BER 9, 1979.
Mr, Arness stated the resolution must be a~ended based on the
changes ~ade to Ord. 79~3 and suggested it be returned to the
administration to have changes made, bring back the resolution
October 9.
,-,a;~r Gi,,,,m suggested proceeding ~'ith the adoption of the regula-
tions after ~'hich the administration can establish reasonable
re~idenc~ requircnente ~o that after a person has been selected,
a criteria can be developed to shorn length of residency for both
the one gear and the 5[ discount. 0ther~'ise, every individual
applying v;ould have to provide residencF verification at time
of filing. One issue ~hich he felt must be settled
·eant by a resident of the borough; is it one )'ear of continuous,
collective, or consecutive residency? The ~layor further ~tated
in the ordinauce there is a certain amount of time allm~cd for
notification to the public and it states the application pro-
- ? -
KE~AI PENINSULA BOROUGH ASSEMBLY REGULAR ,~IEETING MINUTES
SEPTE~!BER 18~ 1979 . . . PAGE 8
cedure will cease 10 days prior to the sale which is October 10.
If the resolution is held up the borough will be operating with-
out gound rules until October 9.
Mrs. Dimmick believed the sale should be postponed in order to
allow time for the assembly to act on Resolution 79-135 after
it returns from committee.
ASSEMBLYI~E~KER C~!PBELL MOVED TO ~IEND THE RESOLUTION BY ADDING
A SECTION I0 TO READ: "Adequate documentation of continuous
borough residency will be required of all successful purchasers."
Nr. Corr objected stating that the borough should require last
year's income tax or drivers license when the person makes the
application. It is conceivable a person from another state could
file and if he wins, and is turned down because he is not a
resident, the borough be taken to court over the residency re-
quirement.
FOLLOWING FURTHER DISCUSSION ~D A BRIEF RECESS, ASSEMBLY~IE~BER
DAVIS WlTHDRE~ HIS MOTION TO REFER AND ASSENBLYME~BER C.~IPBELL
~ITHDRE~ HIS ~OTIO~ U~TIL TttE ATTORNEY'S RECO~IE~DATIO~S ~tlCtt
FOLLO~ COULD BE CONSIDERED:
(1) Each individual 18 years of age or older may
participate in ~ny given land lottery. (A land
lottery is defined as a lottery consisting of any
number of parcels held on any given date.)
(delete "submit one application to")
(2) This refers to disqualification for filing more than
one application on the land and the entire Section
2 is to be deleted in order to be compatible with
Ord. 79-53.
(3) This section remains the same.
(4) Individuals must make their applications in person.
Delete "and identify themselves to the Borough
representative taking the applications. (Persons
not having proper personal identification will not
be permitted to fill out an application/ Identi-
fication may be made by (a) driver's license,
(b) birth certificate, (c) personal papers or
other.)"
(S) The application form shall contain the individual's
full name, mailing address and age and shall desig-
nate the land unit number selected for the lottery.
Delete "...social security number, and certification
as to the fact that this is the only application
being submitted for a particular lottery,"
(6) A ten dollar registration fee must be paid in cash,
money order, traveler's check, or cashier's check
for each land unit selection.
(7) This section would remain the same.
(8) This section would remain the smile except to delete
"of non-duplication" from the first line.
(9) Delete "cash, cashier's check, or mono)' order", third
line.
- 8-
(I0) Add a new section to read:
A credit of 55 for each year's lmrot,.,.:h residency,
up to a maxi.mm of 505, shall be credited to the
purchase price.
{I1) Add n nes,' section to read:
the burden of proof and verification of residency
is on the purchaser sqllo must establish such residency
' by tax records, voter registration, church registers,
employ~nent records or other valid documentation to
the satisfaction of the borough Finance Director.
(12) Add anes,' section to read:
lq~erever residency is a requirement it refers to
continuous and permanent residency for the period
of time imniediately preceding the purchase of the
land.
CLERK'S NOTE: By deletion of item 2, the resolution items
stere renumbered ~ghen the resolution teas finalized.
ASSE31BLYHEMBER ARNESS MOYED TO APPROVE TIlE SUGGESTED ,~.IE?;DSItiNTS
3~XDE BY ATTORNEY SARISKY ASD ALSO ,~,IEND SECTION 3 TO INCLUDE
"{e} genai City tlall".
/
In support of the addition of Kenai City ltall, ~.Ir. Arness reported
the people in North Kenai have to drive 30 miles to get to the
borough building.
~.layor Gilman had no objection to the addition of the City of
genai. He reported the other cities had been asked to partici-
pate and had accepted; if asked, the City of Kenai ts, ould probably
accept also.
ASSE31BLY24EMBER DOUGLAS 31OVED TO AHEND THE ~.IOTION TO DELETE
SECTION 4 iVIIICII REFERS TO FILING AX APPLICATION IN PERSON.
51rs. DougLas believed there tqould be people in hospitals and
handicapped persons ~cho scould not be able to file in per~n.
Mr. Barton stated there ~ill be a problem because the forms
i¢ill be prenmnbered for control and if [ndi~'iduals do not come
in and register in person, the borough xqill lose control of the
forms, tle believed the problem of the handicapped and those
in hospitals could be handled in-house.
MRS. DOUGLAS ;~ITIIDRE[~ IIER MOTION.
Atty. Sarisk)' suggested using ;,Ir. Campbell's amendment as item
No. 11 and there t,'as no objection.
ASSE~.IBLY?.IEFIBER CORR FIOVEB TO ~'.IEND TIIE RESOLUTION PUTTING SECTION
2 BACK IN AND ~LXlENDING IT TO READ "Any individual filing more
than one application to participate in any given lot I~ili b~
disqual i lied."
Mr. Fischer stated if there is a suitable piece of ground a
person ~'ants he could file any number of applications to increase
his chances, lie believed the amendment ~'ould help eliminate the
speculator.
QUESTION IfAS CALLED OX HR. CORR'S ,<,IE~;D~4ENT I~'llICII FAILED BY A
VOTE OF 59.81 "YES" IO 84.16 "NO"; Hartin, McCloud, Ambarian,
Corr, Crag'ford, Fischer and llille voting affirmatively.
- 9 -
KEICAI PENINSULA BOROUGII ASSEblBLY REGULAR MEETING MINUTES
SEP'I'E.~IBER 18~ 1979 PAGE
QUESTION SVAS-CALLED ON TIIE M.1ENDSIE:';TS PROPOSED BY ATTY. SARIS}:Y
INCORPORATING C~-II'BELL'S MOTIOf; AND ADDI:iG TIlE CITY OF KENAI TO
ITEM 3 AND TIlE MOTION PASSED UNANIMOUSLY.
TIIE RESOLUTIOI¢ I~'AS UN~XIMOUSLY ADOPTED AS ~IENDED.
(d) Res. 79-136 "Awarding a Contract for Survey
~er~iceS fo'r the Design of Bear Creek Drive to
Alpine Consulting Engineers"
ASSEMBLY~IE.XlBER LONG MOVED FOR ADOP~IO,X OF RES. 79-136 AN[} {VITIIOUT
DISCUSSION THE RESOLUTION Il'AS ADOPTED BY A ~'OTE OF 135 "YES" TO
9 "NO"; Douglas voting negatively.
H. INTRODUCTION OF ORDINM;CES
(a) Ord. 79-59 "Amending Section 2.~0.090 of the
Borough Code Relating to Per Diem and Travel
Expenses of Planning Conuaission Members"
ASSEMBLYblE}.IBER McCLOUD ,xlOVED TO SET ORDIN.&NCE FOR IiEARING
OCTOBER 30, 1979.
Mrs. Dimmick reported the ordinance states the Planning Commis-
sion will receive per diem and travel expenses incurred on au$fi-
orized official business and asked ~ho ~¢ould authori'ze the
expenses.
blayor Gilman stated it was his assumption the authorizing
authority would be the Planning Commission Chairman.
In reply to further questions, Atty. Sarisky reported the
section being amended refers to other sections of the Code
which authorize Planning Commission members to obtain per diem
and travel on the same basis as borough employees and assembly-
members, the ordinance does not attempt to change anything but
donverts numbers in the code into a statement of per diem provision.
Mrs. Dimmick believed the ordinance should be amended to clarify
who will authorize travel and an amendment ~¢i1,I be presented
at time of public hearing.
QUESTION lqAS CALLED AND ORD. 79-59 SET FOR IiEARING BY A VOTE
OF 135 "YES" TO 9 "NO"; Martin voting negatively.
(b) Ord. 79-60 "Amending the Kenai Zoning Code to
Permi't ih6 Location of Churches as a Co~ditional
Use in the General Co~uaercial 2one"
ASSEMBLY~IEMBER McCLOUD MOVED TO SET ORD. 79-60 FOR IIEARING ON
OCTOBER 30 AND TIlE VO~'E h'AS UNANI,xIOUS FOR AFl'ROYAL.
Ord. 79-61 "Authorizing the Expenditure of
gbrough Funds to Proceed Through the Construction
Documents Phases of Architecutral Services for
Proposed Public Schools Projects at North Kenai
Jr. ltigh School, Nikolaevsk School Addition,
Ninilchik School Addition, New IIo:.aer Elementary
School, Four Cla'ssroom Addition at North Kenai Elementary
School, llomer lligh School Phase II (Theater
Auditorium, Food Service Facility), Ho~ner Middle
School, Kenai Central lligh School .Xuditorium,
and Soldotna Jr. High Scheo! Addition"
ASSE,XlBLYbIEblBER AMBARIAN MOYED TO SET ORD. 79-61 FOR IIEARING
OCTOBER 30 AND TIlE ¥OTI': I';AS U,~ANhqOUS.
Kl:.";-'tl I'I.,';I';~[II.A BOI~uIIGII A:~tH.,",IBI.¥ i'.I~t;LII. AI~ ;,H:l:rl;;¢;
;it i'l'l:;.lllt.il l,~j lq?9 I'At;li I1
· '[',['; .... '~TF[
A.'i.'il:.tlllLY:,ll.,~lllliR II I I,I.E ,'I~Vi".D TO A.'.!I::;D ;:iI:I:'I'I~JN I '1'0 liE^II: "That
$~Z,Ollll is hervhy tra~l'.il'errc, d fl'oi~ tile surplus bond
b;~Iance in lhe Soldoln:t Ilillh School t:apital Project for the
purpose of funding construction docu;;~t, nts for the schools
listed in Section 2." Agt) TIIAI' SECTION 2, LAST PARAGILU'II
A~.II.XDL!I TO: "l'he amotmt of thc. exi~enditures authorized by this
ordi~lance sA.ill be relurl~ed to the sttrt)Its$ bond fund in the
5oldotna Iligh School I;nl~it;~l Project f~'o~ the proceeds of th~
sale ~f bonds after the school bo~d issue is funded, and these
authori:ed expenditures shall properly be accounted for in the
respective school projects."
~Ir. llille reported these anendments ~'ere discussed at the flip, ante
Comnittee which recommended their inclusion in the or,timmce.
Because of the time frame lnvolved in proceeding ss'[th the projects
if the school bond ordinance passes, the ~iayor suggested setting
the date for hearing October 9.
ASSE?.IBLYI, IE).IBER A?.IBARIA~ A~REED TO CIIAXGE ItlS MOTIO?i TO OCTOBER 9
AND TIlE .~-tEXD~IENT AXD ~IOTION I~ERE APPROVED UgANI~IOUSLY.
(d) Ord. 79-62 "Authorizing the Expenditure of Borough
Ftinds to Proceed Through the Construction ~ocm;~ents
Phases of Architectural Services for Proposed Central
Peninsula ~;eneral tlospital Facilities"
ASSE)qBLY~,IE~.~BER LOXG ~-tOVE~ TO SET ORDI~;A;iCE FOR IIEARI)iG OCTOBER
50, 1979 AND TIlE ~IOTION I;AS UNA~I~IOUSLY APPROVED.
I. FO~b~L PRESEHTATIONS IilTII PRIOR EOTICE.
(a) ~.Irs. Blarge t. llller left the meeting prior to this
agenda item.
J. CO~BIITTEE REPORTS
(a) School Board (Arness)
~Ir. Corr reported the board discussed a new elementary ~chool
)'ear book and this ~tas defeated. Pay scales were discussed.
The construction report is in the packet ~hich gives the infor-
mation on the Soldotna High School. There appears to be a
problem i~ith the se~-ter line ~h~ch is being resolved.
(b) OEDP (Fischer/~.loses)
~Ir. Fischer reported ~lr. ~lcllhargey is assisting Tyonek in
gettlng a management type grant.
(c) Finance (reported previously)
Solid liaste (no report
(e) Roads and Trails (no report)
(f) Ports and flarbors (Arness/Campbe11/Ambarlan)
~Ir. ~rness asked ~r. l~'aring to introduce ~Ir, Charles Bigelo~ of
l~'oodward-Clyde. ~4r. Bigelo~t reported the August 1979 Port and
llarbor Demand and Feasibility Study is the second of a ser~es
of reports being prepared and it ~iI1 be followed by the Objec-
tive of the O~'erall Project, ~hich is thc action plan for the
borough~s use in undertaking any plan toward port development.
ltith this summary and related reports the borough should assess
;ts overall development goals, revie~ its potentials for
population/economic growth, and select a strategy to be the
focus of the action and master plans for i~plementing the overall
goals and related port improve~ents.
II III
k'F~IA! PENI.~SHLA BOROUGlt ASSEMBLY REGULAR ~.IEETING ~,IINUTES
SEPTEMBER I~t 1979 rr~us, s~...
Following .Mr. Bigelow's presentation, it was noted in thc memo
from Mr. h'aring that SVoodward-Clyde needs to kno~¢ what port and
harbor and related development option the borough and cities
wish to pursue. Once they kno~ which option is desired they
will prepare a detailed step-by-step program. This information
is needed by October S.
~layor Gilman explained that the timing is critical as this
project ~as funded frora the Coastal Energy Impact Program,
administered by the State of Alaska. The funds are in a certain
fiscal year to be expended. The)' have allot'ed the borough an
extension to December ~1 to complete the project. Mr. Bigelo~
feels that he has sufficient tinie, but the borough must give
him direction.
(Ir. Arness reported worksessions t,.ill be held in the various
cities during the last ~'cck of September and the committee v;ill
report back to the assembly on 0ctobcr 9 with its reco~.endations.
~lr. Bigelow stated the later time frame will require some
accommodation on the part of thc staff, and he believed it
could be ~-orked out, hovlever, the master plan ~ight appear a
little later than scheduled in order to give time to work on
the action plan.
(g) Local Affairs (no report)
£, ~iA¥OR~S REPORT
(a) Finance Report, August 1979
ASSEMBLY~IE.XiBER IlILLE ,~IOVED TO ACKNOI~'LEDGE RECEIPT OF THE FINAECE
REPORT FOR AUGUST 1979 AND ASKED UXANI~IOUS CONSENT. THERE
EO OBJECTION AND SO ORDERED.
L. SCltOOL CONSTRUCTION (none)
M. OTIIER BUSINESS
(a)Appointment of Election Judges for October 2 and
October 2~, 1979 borough elections '
ASSE~IBLYbtE,XlBER COOPER ~IOVED FOR APPROVAL OF Till; APPOINT.~IENT OF
ELECTION JUDGES AS SUB:,IITTED *ND REQUESTED UNANI,'.IOUS COXSI!XT.
TilERE SVAS NO OBJECTION AND SO ORDERED.
(b) Change of t. leeting Dates for October to October 9
and October ~0.
ASSE~IBLY~IE.~IBER C/OIPBELL MOVED TO CIb~XGE TIiE ,XIEETIXG DATES FOR
OCTOBER BECAUSE OF TIlE ELECTIONS. UNAXI,HOUS CONSENT 1~'.\$ ASKED
AND GRANTED.
(c) Tax Adjustment Requests
ASSEMBLY?,IE~IBER COOl)ER ~IOYED TO At'PROYE Till! TAX ADJUSTHLXT REQUESTS
AS PRESENTED BY TIlE ASSESSING DIiI'AR'FMI:X~ AS FOI. I,OI¥S:
1979 Additions $ 72,827
1979 Deletions 126,053
1978 Additions 3,225
1978 Deletions 16,835
TIIE ~IOTIOX ~IET UNANIMOUS AI'I'I.'.OVAL.
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kEN '~ 1 I't. XI N:;III.A I:OiO]U~;ll .V~:;I.SI!ILY Ri:G!JI..'G! :.il!!:T I N(; .qIXU'I ES
:;EI'/I:;IBIR !.;_, 15)'9 I)AGI~ 15
t'toNI) 1X6 LEG I :-;LA r I ON -
Res. 79-131 "Ur::ina the State of Ala:;ka to
bSil.i.,rt iht State of .X;evada in Asserting State
P. is!tts of ~.l:ma:;emcnt of l'~dcral l,ands" :si th
Memo 80-31
ASS-~:.IiN,YSIIi:,ISER FISCIIEP, ,".!O~I..D It) ADOPT RES. 79-131 AND 'I'P.L:; :.IOYEII
're .'OILX'3 TIlE RI'SOLItIIO.X 'I'iIIIOUGIIOUT CII.%XGIXG TIlE {¥ORt)
'l'O "O;5:;ERSIIIP". TIlE ,%HEXtL'.II::~r ANt/ TIIE '..IAIN /.lOTION ~II;RI;
MOUSLY .\PPROYED.
N. ASS...-IBL~ AXI) MAYOR ' S CO.q-"-IENTS
A$SF.31BLY,~.IE.MBtiI{ CORR .'.IOYL'I) FOR IM:IED lATE RECO:;S I DiiRAT I0.~
OF RES. 79-135 A.XD TIlE :.lo'rio:; FAILED BY A VOTE OF 45.17
"YES" TO 93.83 ".XO"; favoring reconsideration were
Long, 3tcCloud, Ambarian, Corr and Fischer.
(b) Pres. Elson requested an excused absence for To~my
Corr for September 4, 1979 meeting.
O. PUBLIC CO}I~.IENTS
(a) l. lr. Dale Sumr.;ers, lloner
Regorte,t the septic waste dumping is becoming a problem in the
tlo~er area as the city has disallo~..'ed dumping ami there appears
to be no options available, lie urged the assembly to support
efforts to get state participation in providing some place to
dur. p septic waste. 3here is an added problem as the soils in
the ilomer area are not suitable to accept the waste.
Mr. Davis requested a resolution of the assembly for the next
meeting urging state assistance for tho septic v.'a=te problem.
P. II~FOR,"L%TIOXAL ,%tTERIALS AND REPOR'rS
Pres. Elson noted receipt of .~in:ttes from the school bogcd,
planning and zoning commission and Nik£ski Fire qervice Area,
in addition to other correspondence.
NOTICE OF NEXT .qEETI.~iG AND ADJOIJRX?-IENT
The next regular meeting is scheduled for October 9, 1979.
,~leeting adjourned at 12:30 a.m.
Date approved October 9, 1979
ATTEST:
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