HomeMy WebLinkAbout1980-01-16 Council PacketKenai City Council
Meeting
Packet
January 16, 1980
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~ AGENDA '
~ KENAI CITY COUNCIL - AEGi1LAR 1!~lP.ETING
JANLJARY 16, 1980
- PLEDGE OF AI.LEGIANCE ~
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A. ROLL CALL
AGENDA APPROVAL ~
B. PUBLIC HEARING3 ~
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Z~y,Y 1. Ordinance 531-79 - Amendment to Airport Leasing Ordinance
a{,~ r.:~.+2. Ordinance 53?-?9 - Amending the N4unicipal Code, Title 23, ~ ;
Personnel CAmend~ed) ,
3. Ordinance 5~5-80 - Federal Revenue Sharing Funds, Purchase ~,
of Fire Department Vehicle - 58,774 ~Amended) _- :
4. Ordinance 546-80 - t3eneral Fund Budget - Topo~raphic Mapping ~
~ Project - ;7,641 i
5. Ordinance 54?-80 - General Fund Rudget - Transportation & Related ~
. Expenses, Legislative, to Juneau -$s3,000 ~... .. ~: .~i ~ ' 1
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C. PERSONS PRESENT 3CHEDULED TO BE I3EARU ~ ~
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_ 1. Jesse tyade - Assessment Distrlcfs _- ,
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. 2. BiU Auandt - Assessment Districts ' a
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D.
~ NIINUTES ' '
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1. Minutes of regular meetfng of November 21, 1979 ;
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' 2. Minutes of regular meeting of December 19, 1979 '
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E. CORRESPONDENCE ~ ~
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1. Ted Forsi Contract and Amendment to EnA Grant •~ j
' ~ . F. OLD BUSINESS
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1. Bills to be Paid, Rills to be R.atified ~
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f ; 2. Requisitions Exceeding $500 ~
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3. Resolution 80-4 - Additional Tuition Cests -.~r900
z_ ; 4. Resolution 80-5 - Awerd of Micraform fteader/Printer. Lfbrary
-- .- - 5. Resolution 80-6 - V"ater & Sewer Bud~et. Rppair of Cyclo-Rlower - , ~
- -. ; $1,500
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i 6. Reso2ution 80-? - Reconnaissance Report, '~avi~ation Tmnrovements, '
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U. S. Dept . of Engineers
-- ?. Lease of Airport Lanfl - Stcehner. ~iba Aretic Fuel
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8. Lease of Terminal Space - Polnr Airlines
9. Lease of Airport Lands - Ti~D Realtq
10. CH2M Hill - Sewe~age Project Aesign - 540,000
11. Games of Chance ~ Skill - Kenai Elks Lod~e
12. Manaqement of Airport Land - City Attorney
13. Design Development Drawings for ApprovRl - rarmen Gintoli
I4. Cftq Hall Design Contracts - Carmen Gfntoli -(2)
15. Carmen Gintoli -.Invoice - #8,800
16. 11Zechanical Mairttenance of Citq Buildings
i~. Diecussion - Atreet Nanies
H REPORT3
l. City Manager
2. City Attorneq
3. Maqor N . ~.~..~. ~ , ;~ ,- . . ,~
4. Citq Clerk - . v- . .,_~ t, , ~ '. ~, , ~ ~ ~ . ~ ~ r s ~ s
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5. Finance Director
6. Planning ~ Zoning
7. 8enai Peninsula Borough
8. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BB HEARD
ADJOURNNIENT
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Vincent O'~teilly ~ y ~/ , y . ,~ ~ ~ ~y i ~=--~-
Phil Aber }
"Ed Ambarian ~ y ~1 ~/ 1 ~ \ ~ t . ~ ~' + y
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COIII~CIJ. AIEETI~ OF - 1 (p -- ~U .
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Beriq (31ick ~ ~ ` ` \• _ ~
Mike 3eaman ~'
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CITY OF KENAI
ORDINANCE N0. 531-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF RENAI, ALASKA
AMENDING THE LEASING OF AIRPORT LANDS ORDINANCE.
WFiEREAS, the City presently has an airport lands leasing
ordfnance codified in 21.10.010, et seq of the 1979 Kenai
Code, and
WHEREAS, the codified code revision of this ordinance should
be amended to reflect certain additions within the body of the
ordinance contained in new airport lands leases which were
om~.tted from the pre-code airports ordinance and also to insert
sections of the pre-code airports lands ordinance which are
not contained in the codified revision.
NOt~, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA AS FOLLOWS:
Section 1: Sectian 21.10.010 to and including
21.20.020 of the 1979 Kenai Code are hereby repealed.
Section 2: A new 21.10.010 to and including 21.20.730
of the 1979 Kenai Code is hereby adopted in the form as attached
hereto and made a part hereof.
PASSED BY THE COUNCIL OF THE CITY !3F KENAI, ALASKA this 7th
-_--- day of November, 19?9.
, ' INCENT O' REILLY, 1~1A3t
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ATTEST:
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First Reading: October 17, 1979
Second Reading: November ?, 1979
Effective Date: December 7, 1979
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~ Title 21 ~
i CITY AIRPORT AND AIRPORT LA*IDS
Chanters:
21.05 Airport Administration and Operation
21.10 Leasing of Air~ort Lands
21.25 Provisions Required in All Airport Land
21.20 Yolicy Governinq Modifications of Exist
' 21. O5. Q10 AIRPORT AD"II*IISTRP-TIO~i & OPEP.ATION; Permit :
~ 1. All le~~ees, ocaners or occupants of property within the
' territoriai jurisdiction of the Kenai Municipal Airgort who
~ ~ wish to construct or operate terminal or transportation
- facilities of any kind thereon, including, but not limited
i to, aircraft maintenance facilities, warehouses and all
~ other related transportation, commercial or industrial
facilities shall apply to the City Ad:ninistrator for au-
; thorization. Such application shall be accompanied by a
~ plan af the proposed construction that shall meet all
~ ~ standards or requirements which may be required by the
ordinances of the City of Kenai relating to zoning, sub-
~ division regulations and.buildinq construction standards. -~
~ 2. The City Admini~trator shall refer plans of the _-
~ type or location of the proposed construction which are in
=-- conflict with the General Plan to the Planning Cammission to
determine whether such proposed construction is in keepinq
with the objectives of the General Plan. The decision of
' i the Planning Commission shall be binding unless reversed by
, the Council. The City Administrator, subject to conditions
of this section, may issue perr.-its upon such terr.is and
conditi.ons and for such durations as authorized by the
Council, and no construction shall be done nor operation
? carried on without a permit from the City Administrator.
_ 3. Every permit, lease, deed or conveyance of any -
` riqht, title or interest fron the City to any land within
:`, the jurisdiction of the I:enai I~iunicipal Airport shall
7: incorporate bl reference, or otherwise, and shall be subject
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~ to,the restrictions cor.tainad in this section of the 1963
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~- Kenai CoBe. tF:C 17-23)
t,`. 21.05.020 Investiaation o~ Perr.-i~ Holders; Cancellation:
The City Adr,:ini~trator r:iay inquire into the manner in c~nich
_~~ obligations are carried ou" and the oractices o: permit
holders for thQ ~urpose of ~eterMining ~at:~ti:er the pro-
,, visions of the permits are beina cor.:~lied c.~ith. This section
-~--- shall a~thorize acc?ss ~o books an~ recor?s o: per::i~ :~~lders
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~ as mav be reascr.abl7 necessary to enable making a deter-
mination thereunder. Should the City Administrator find
that at any time a permit holder is not complyir.g with the
terms of the permit issued, the permit may be cancelled upon
notice and in accordance with such procedure as may, bj
regulation, be prescribed. (RC 17-2-~)
21.05.030 Requldtion of Airport: The City Adminis-
trator may regulate the manner in cahich the Kenai Airport
and com~atible non-aviation facilities are operated with
reference to the safety, accommcdation and service to the
public. In order to impler~ent this grant of autr.ority, the
City Administrator shall have the power to adont sucn rules
and regulations as may be necessarl to carry out the duties
under this grant. in this connection, the rules and regu-
lations a~opted prior to the enactment of this addition to
the 1963 Kenai Code are hereby ratified, and apnroved and
cantinued in fu21 force and effect until further amended or
repea2ed by subsecuent action of the City Adr.tinistrator in
accordance with acceptable procedures for the adoption of
rules and regulations. (KC 17-25) (See Appendix A attached
here~o)
21.05.040 Parkinq Automobiles and Aircraft: It shall
be unlaco~ul for anl person to park any automobile or air-
~ craft in anf area contrary to the designation for that area
on the Kenai t~Iunici~al Airport~, the lands of the Kenai
riunicipal Airport Terminal System, or fai2 to obey the
pro~er regulations for the control of graund tra:fic as
estab2ished by the Airport Manager or his designated rep-
resentative. Saia Airport ~Ianager or his designated rep-
resentative shall be vested with full police powers under
the authoritl o~ tnis Cit~ to endorse t~ie provisior.s of this
section. (KC 17-3~)
21.05.050 Penalties: Any person violating any of the
provisions of this chapter or any of the rules, regula~ions
or orders made and issued under this chant~r is guilty of a
misdemeanor, and upon conviction, is punishable by a fine of
not more than S1Q0. (Ord 263)
21.10.010 L~?SI:IG OF nIRPO:T I.A:~DS; Linds Available
for Leasin~: All the AirNOrt lan.:s within the li:.iits o~ ttie
Citj to which the City holds titl~ c^sy be leased as herain-
after proviced.
21.20.03~ tualific~tions o_° ~,:::;lic-:nts or 9id~ers: An
ap;~lican~ or bid~er ~er a laase is uusli:icd i° t"e a~plicanr
or biddar:
1. is an ir.divic:;:al at le~s~ I9 :•ears of a~~~ or. o~•er; or
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2. is a qroup, association or corpozation which is .
authorized to conduct business under the laws of Alaska; or
3. is acting as aa agent for another and has qualified
by filinq with the City Clerk a proper Power of Attorney or
a I,etter of Authorization creatinq such agency. The aqent
shall represent only one principal to the exclusion of
himself. The tern "agent" includes real estate brokers and
agents.
21.10.030 A lications: AlI applications for lease of
lands shall be f led with the City Clerk on fozms provided
by the City available at City Hall. Applications shall be
dated on receipt and payment of filinq fee. After filinq, a
maximtua of 30 days shall be allowed to complete the appli-
cation. Filinq fees are not refundable.
With every application the applicant ahall submit a
development plan, showing and stating: (a) the purpose of
the proposed lease; (b) the use, value and nature of improve-
ments to be constructed; (c) the type of construction; (d)
the dates construction is estimated to commence and be
completed (maximum of 2 years); and, (e) whether intended
use complies with the zoninq ordinance and comprehensive
plan of the City. Applications shall become a part of the
lease.
21.10.040 Rights Prior to Leasing: The filing of an
application for a lease shall qive the applicant no right to
lease or to the use of the land applied for. The appli-
cation shall expire within 6 months after the application
has been made if a lease has not been entered into between
the City and the applicant by that time. Lease rates are
subject to chanqe on the basis of an appraisal done every 6
months on the property applied for.
21.10.050 Classification Prior to Lease Required:
Except for concept lease applications described in the
section below, before acceptinq applications to lease lands
the area involved shall have first been classified for
permitted land uses and a land use plan of the area prepared
and publicly posted in the City Rall officea. The land use
plan shall be prepared by the City Planning Comaission and
approved by the Council prior to postinq. The availability
of concept leases shall be madc known in the postinq.
21.10.060 Processing Procedure: 1. Applicationa
shall be forwarded to the .ldvisory Planninq and 2onixg
Commission upon receipt. The Advisory Planninq and Zoning
Commission shall normally consider applications for specific
lands on a first-come, first-serveQbasis. Where there is
difficulty in obtaininq a perfected application, details as
to development plans, etc., then the Advisory Plnnning and
Zoning Commission may, after due notice to the first ap-
plicant, considcr a second app2icant for the particular
1@SSe. CJnS:~~r {-Or
2. The City Council shall nor,nallyAreview a lease
proposal only after approval of the Advisory Planning and
2oning Cortunission. iiowever, appeals of Mlvisory Planning
and 2oning Commission disappro~al )~ be made to thp-~it}•
Council. lesse~ust be presented-ZSithin
30 days after approval by the .ldvisory Planning and Zoning
commission. ^' S ~q„~ b.~ q~~~~*~.~'
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3. Conceptual applications relative to unplatted land
and/or unreleased lands will also be considered on a first-
come, first-serve~Qbasis. On approval of concept by the
Advisory Planning and Zoning Commission and the City Council,
the applicant is assured the right of first refusal of the
lease following the determination of a lease rate in ac-,
cordance with established policy~ J~~e-~-~0 -E~~~ ~r~-~-...+`~ .~•~-~ •
21.10.070 Review: No leas,ed land may be changed in
use, nor may any renewal lease be issued until the proposed
use or re:.ewal has been reviewed by the Planning Commission
and approved by the Council.
21.10.080 Terms of Lease: All leases shall be approved
by the Ca.ty Council be rof e the same shall become effective.
The term of any given lease shall depend upon the durability
of the pzo posed use, the amount of investment in improvement
proposed and made, and the nature of the improvement proposed
with respect to durability and timz required to amortize the
proposed investment.
21.10.090 Appraisal: No land shall be leased, or a
renewal lease issued, unless the same has been appraised
within a 6 month period prior to the date fixed for beginning
of the term of the lease or renewal lease. No land shall be
~ leased for less than the approved appraised annual rental.
Appraisals shall reflect the number and value of City services
rendered the land in question.
21.10.100 Annual Minimum Rental:~Annual minimum
rentals shall be computed from the approved appraised market
value utilizinq the method as described in section (afi ~
below. Annual minimum rental shall include: P?/./0•!30 ~
(a) Taxes pertaining to the leasehold interest of the
Lessee.
(b) Sales tax now enforced or levied in the future
computed upon rent payable in monthly installments whether
rent is paid on a monthly or yearly basis.
(c) All taxes and assessments levied in the future by
the City of Kenai, as if Lessee was considered the Iegal
owner of record of the Leased Property.
(d) Interest at the rate of 8$ per annum and 10~
penalties of any amaunt of money owed under this lease which
is not paid on or before the date it becomes due.
(e) All sales taxes due on payments under this lease
and to all sales taxes applicable to its operations.
(f) All special assessments for public improvements
levied by the City of Kenai, as if Lessee were considered
leqal owner of Ieased property.
~,?~ Upon execation of the lease the lands demised
b come taxable to the extent of its leasehold interest and
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I,essee shall pay all ,re~~ property taxes levied upon such
leasehold interest in these lands, that the City as part of
the payment by the lessee of said assessments and taxes as
~ if he were the owner of said demised land.
3. Rent shall be paid annually in advance. Said
payments shall be prorated to conform with the City of
Kenai's fiscal year beqinning July 1 and ending June 30. If
~ the equivalent monthly payment exceeds $200, then the lessee
shall have the aption of making payments on a monthly or
, quarterly basis.
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21.10.110 Service by Realty Firms and Brokers: k
Realtors shall be entitled to a fee at the time the first
payment is made under such lease. Sai.d fee shall be limited
to IO$ of the first year's lease rate, excluding charges for
assessments, or 5% of each year for the first 5 years at the
broker's option. However, realtors a party to the 2ease
shall not be entitled to a commission.
b~: Realtors shall treat any listing as they would any
other client in regard to advertising, promotion, etc.
~~: Listings of platted lands available for lease shall.
be announced and posted publicly. Such announcements shall
include block and lot number, parcel number and any special
limitations with restrictions as may be imposed by the
Advisory Planning and Zoning Commission and City Council.
Such restrictions or li.mitations shall be specific and in
addition to zoning restric,tions. No lease proposed by an
eligible realtor shall be denied if it meets such restric-
tions, applicable lease rates and zoning requirements in
effect at time of application.
~ ~4: Unplatted, released Airport lands and unreleased
lands shall not be listed with realtors. Iiowever, unless
positive action has been taken by the Advisory Planning and
Zoning Commission and/or the City Council to set aside a
certaf.n tract as not available for lease at that particular
time, a realtor may, on behalf of a client, request a lease
of such lands. Such a lease request shall be considered as
described in the preceding application procedures, relating
to unpl.a*_.ted, unreleased lands. Normal fees shall be due to
the realtor on consummation of such a lease.
21.10.120 Biddinq Procedure: As an exception to
general policy listed above, the City Council may designate
a specific lot or lots to be made available only for bid.
This provision shall apply only when there is no outstanding
application pending on the lot or lots. As designated,
sealed bids shall be r~ceived offering a one-time premium in
addition to the established lease rate. Hiqhest bid, how-
ever, shall be subject to all provisions of review and
approval established for all other lease applications.
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~, 21.10.130 Principles and Policy of Lease Rates: X~'
A fair return to the Airport System is mandated by the terms
and conditions of the quitclaim deed and appropriate deeds
I of release, granting these lands to the Airport System by
; the Federal Government. To insure a fair return, all leases
~ ; for a period in excess of S years sha11 include a redeter-
~ i mination clause as of the fi.fth anniversary of each lease,
normally set for the lst of July of that fifth year~ ~ In
! pursuing a fair return, all lands for lease shall be appraised
; prior to lease and again prior to re etermination. '"~.~~
; £a~e, L~ease rates; sn-" '-- `~---d..o.~~a) fair market value
; of the land, including an appropriate consideration of
i facilities and services available (public water, public
~ sewer, storm sewers and other public utilities) as deter-
~ mined by a qualified independent appraiser, considering the
~ ~ best use of the specific land; and (b) the actual rate of
;, return determined to be a fair return to the City shall be
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set annually in May by resolution of the City Council and
shall apply to all leases thereafter requested.
~ 1j..,2: Realizing that investors, developers and other
~~ potential lessees need a reasonable assurance of stability
in future lease rates, the redetermination clause of all
future leases shall include the following language:
~ "At each 5-year interval, the fair market value shall
be determined by qualified, independent appraisers.
The redetermined lease rate, (annual rent) under this
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provision shall be limited to a 50~ increase in the
prior lease rate until the 30th year anniversary of the
Zease after which the 50~ cap provision shall no longer
apply and the lease rate shall be redetermined every 5
years on the basis of fair market evaluation as deter-
mined in Section )."
KNC. at,t0. 130
City leases existing at the time of the enactment of
this chapter shall have a 30 year period determinecl from the
, date from which the lease was originally entered into.
~` c. -~: Recognizing that the redetermination procedure
. provided for above may be in conflict with ~he mandate of
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the quitclaim deed and the several deeds of release, the
~-. ~ City Council herein acknowledges its obligation to provide
; the Airport Fund with those sums which the above redeter-
!~ ~ mination policy may cause the Airport Fund to lose. It is
'` the intent of the Council to provide for such a possible
~ shortfall by appropriatinq revenues relative to the assessed
?, va
uation of Airport properties.
', ~
~~ Those leases existing at the time of the effective
~ i~:': date of this chapter in which the lease rate has not been
-,.(' ~j redetermined at its previous 5 year interval,5`°~ ~be redeter-
__ _ ~~ mine d at t heir next 5 year period, utilizing the 50~ cap
„. ;~ provision of Section 21.05.130(2), on the basis of the 1977
-- ~ property appraisal (gauged at 6$ return) performed by the
i ~ City on the lots in question.
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21.15.140 PROVISIONS REQISIRED; Proper Location: It
shall be the responsibility of the lessee to properly
Iocate himself and his improvements on the leased land. It
shall be unlawful to encroach on other lands of the City, or
on lands owned or leased by another, and violation shall
constitute a misdemeanor.
21.15.150 Responsibility to Pro erly Locate: It shall
be the responsibila.ty of the lessee to properly locate
himself and his improvements on the leased land. It shall
be unlawful to encroach on other lands of the City, or on
' lands owned or leased by another.
21.15.160 Lease Utilization: Leased lands shall be
utilized for purposes within the scope of the application,
the terms of the lease and in conformity with the ordinances
of the City and Borough, and in substantial conformity with
the comprehensive plan. Utilization or development for
other than the allowed uses shal,l constitute a violatian of
the lease and subject the lease to cancellatian at any time.
Failure to substantially complete the development plan of
the land, consistent with the proposed use and terms of the
lease, shall constitute ground~. for cancellation.
21.15.170 Payment of•Rent: Rent shall be paid annually
in advance. Said payments shall be prorated to conform with
the City of Kenai's fiscal year beginning July 1 and endinq
June 30. If the equivalent monthly payment exceeds $200,
then the lessee shall have the option of making payments on
a monthly or quarterly basis.
21.15.180 Adjustment of Rental: All leases shall
contain the agreement of the lessee to a reevaluation of the
annual rent payment every fifth year.
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21.15.190 Subleasing: Leases may provide for sub-
leasing without prior Council approval. Subleases shall be
in writing and be subject to the terms and conditions of the
original lease.
21.15.200 Assiqnments: No lessee may assiqn the lands
leased to him without prior Council approval. The assignee
shall be subject to all of the provisions of the lease. Any
attempted assignment made in violation of ~his section shall
be void. Any assignment requiring Council approval will not
be unreasonably denied.
21.15.210 hiodification: No lease may be modified
orally or in any manner other tttan by an agreement in writing,
signed by alI parties in interest or their successors in
interest. Any such modification shall require Council
approval.
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21.15.220 Cancellation-Forfeiture: Y. T,eases in good
standing may be cancelled in whole, or in part, at any time
upon mutual written agreement by lessee and the City Council.
Ij ~: Any lease used for an unlawful purpose may be
cancelled.
-3: If the lessee shall default in the performance or
ob~rvance of any of the lease terms, covenants or stipuia-
tions thereto, or.of the regulations now or hereafter in
force, and should said default continue for 30 calendar days
after service of written notice by the City without remedy
by lessee of the conditions warranting default, the City
shall subject lessee to appropriate legal action, including,
but not limited to, forfeiture of the lease. No improve-
ments may be removed by 2essee or other person during any
time the lessee is in default. This provision shall not be
construed to prohibit the City from taking any appropriate
legal action, including, but not limited to, farfeiture af
the lease, immediately upon the occurrence of a default.
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21.15.230 Notice or Demand: Any notice or demand
which under the terms of a lease or under any statute must
be given or made by the parties thereto, shall be in writing
and be given or made by registered or certified mail, ad-
dressed to the other party at the address of record. How-
ever, either party may designate in writing such new or
other address to which such notice or demand shall there-
after be so given, made or mailed. A notice given hereunder
shall be deemed delivered when deposited in a U.S. general
or branch post office, enclosed in a registered or certified
mail envelope, addressed as hereinabove provided.
a!. /s: z Y~
n"--..'~,s:o- Financing-Rights of Mortgagee or Lienholder:
q X For the purpose of interim or permanent financing
or refinancing from time to time of the improvements to be
placed upon the leased premises, and for no other purpose, a
lessee, after giving written notice thereof to the City, may
encumber by mortgage, deed of trust, assignment or other
appropriate instrument, the lessee's interest in the leased
premises and in and to the lease, provided such encumbrance
pertains only to such leasehold interest and does not pertain
to or create any interest in the City's title to the leased
premises. If such mortgage, deed of trust, or assignment
shall be held by a bank or other established lending or
financial institution (which terms shall include an established
insurance company and qualified pension or profit sharing
trust) and such institution shall acquire the lessee's
interest in such lease as a result of a sale under said
encumbrance pursuant to a foreclosure or other remedy of the
secured party, or through any transfer in lieu af foreclosure,
or through settlement of or arising out of any pending or
contemplated foreclosure action, such lending institution
shall have the privilege of transferring its interest in
21-8
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such lease to a nominee or a wholly owned subsidiary corporation
with the prior consent of the City, provided, however, such
transferee shall assume all of the covenants and conditions
required to be performed by the lessee, whereupon such
lending institution shal be relieved of any further liability
under such lease from ''" after such~transfer. Such lending
institution or the nominee or wholly owned subsidiary corporation
to which it may have transferred such lease, or any other
lending institution which may at any time acquire such
lease, ~~a~ ~ *~~ Ya~ove ~-~#~ex ~a~~~~~~e~ s~e~
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p.~2'. A leasehold mortgagee, beneficiary of a deed of
trust or security assignee, shall have and be subrogated to
any and all rights of the lessee with respect to the curing
of any default hereunder by lessee.
~~. If the holder of any such mortgage, or the beneficiary
of any such deed of trust, or the security assignee shall
give the Ci~y before any default shall have occurred in the
lease, a written notice c~ Qn~taining the name and post office
address of such holder, a~-City shall thereafter give to
such holder a copy of each notice of default by the Lessee
at the same time as any notice of default shall be given by
the City to the lessee, and the City will not thereafter
accept any surrender or enter into any modification of this
lease without the prior written consent of the holder of any
first mortgaqe, beneficial interest under a first deed of
trust, or security assignee, in this lease.
4: If, by reason of any default of the ].essee, either
this lease or any extension thereof shall be terminated at
the election of the City prior to the stated expiration
therefor, the City will enter into a new lease with the
leasehold mortgagee for the remainder of the term, effective
as of the date of such termination, at the rent and additional
rent, and on the terms herein contained, subject to ~he
following conditions:
(a) Such mortgaqee, beneficiary or security assignee,
shall make written request to the City for such new lease
within 20 days after the date of such termination and such
written request shall be accompanied by a payment to the
City of all sums then due to the City under the lease.
{b) Such mortgagee, beneficiary or security assignee,
shall pay to the City, at the time of the execution and
delivery of such new lease, any and all sums due thereunder
in addition to those which would at the time of the execution
and delivery thereof be due under this lease~ btst for such
termination and in addition thereto, any reasonable expenses,
including legal and attorneys' fees, to which the City shall
have been subjected by reason of such default.
(c) Such mortqaqee, beneficiary or security assignee
shall, on or before the execution and delivery of such new
lease, perform all the other conditions required to be
performed k~y the lessee to the extent that the lessee shall
have failed to perform such conditions.
21-9
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C~ ~,-. If a lending institution or its nominee or wholly
owned subsidiary corporation shall hold a mortgage, deed of
trust, or similar security interest in and to this lease and
shall thereafter acquire a leasehold estate, derived either
fram such instruments or from the City, and if such institution,
nominee, or corporation shall desire to assign this lease or
any new lease obtained from the City (other than to a nominee
or to a wholly owned subsidiary corporation as permitted by
the above provisions) to an assignee who will undertake to
perform and observe the conditions in such lease required to
be performed by the lessee, the City shall not unreasonably
withhold its consent to such assignment and assumption, and
any such lending institution, nominee, or subsidiary shall
be relieved of any further liability under such lease from
and after such assignment. If the proposed assignor shall
assert that the City iSa unreasonably withholding its consent
to any such proposed assignment, ~uch dispute shall be
resolved by arbitration. . _ :
21.15.250 Entry and Re-entry: In the event that the
lease should be terminated as hereinbefore provided by •
summary proceedings or otherwise, or in the event that the
demised lands or any part thereof should be abandoned by the
lessee during the said term, the lessor or its agents, - '
servants or representatives may, immediately o~~any ti.me
~ thereafter, re-enter and resume possession of said lands or ,
`~' such part thereaf, and reniove all persons and property
therefrom, either by summary proceedings or by a suitable ~ .
action or proceeding at law without being liable for any
damages therefor. No re-entry by the lessor shall be deemed
an acceptance of a surrender of the lease.
21.15.260 Forfeiture of Rental: Zn the event that the
lease should be terminated because of any breach by the
lessee as herein provided, the annual rental payment last
made by the lessee shall be forfeited and retained by the
lessor as partial or total liquidated damages for said
breach.
21.15.2?0 Written Waiver: The receipt of rent by the
lessor with knowledge of any breach of the lease by the
lessee, or any default on the part of the lessee in obser-
vance or performance of any of the conditions or covenants
of the lease, shall not be deemed to be a waiver of any pro-
visions of the lease. No failure on the part of the lessor
to enforce any covenant or provision therein contained, nor
any waiver of any right thereunder by the lessor, unless in
writing, shall discharge or invalidate such covenants or
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provisions, or affect the right of the lessor to enforce the
same in the event of any subsequent breach or default. The
receipt, by the lessor, of any rent or any other sum of
money after the termination, in any manner, of the term
therein demised, or after the giving by the lessor of any
notice thereunder to effect such termination, shall not
reinstate, continue or extend the resultant term therein
demised, destroy or in any manner impair the efficacy of any
such notice or te'rmination as may have been given thereunder
by the lessor to the lessee prior to the receipt of any such
sum of money or other consideration, unless so agreed to in
writing and signed by the lessor.
21.15.280 Easement Grants Reserved: City reserves the
right to grant and control easements in, or above the land
leased. No such grant or easement will be used that will
unreasonably interfere with the lessee's use of the land,
and lessee shall have free access and use of any and all
parking and loading rights, rights of ingress and egress now
or hereafter appertaining to the leased premises.
21.15.290 Lease Subordinate to Financin Requirements:
Lessee agrees that City may modify the lease to meet revised
requirements for Federal or State grants, or to conform to
the requirements of any revenue bond covenant. However, the
modification shall not act to reduce the rights or privileges
granted the lessee by this lease, nor act to cause the
lessee financial loss.
21.15.300 Surrender on Termination: Lessee shall, on
the last day of the term of this lease or upon any earlier
termination of this lease, surrender and deliver up the
premises into the possession and use of City without fraud
or delay in qood order, condition and repair, except for
reasonable wear and tear since the last necessary repair,
replacement, restoration or renewal, free and clear of all
lettings and occupancies unless expressly permitted by City
in writing, and free and clear of aIl liens and encumbrances
other than those created by City for.loans to the City.
Upon the end of the term of this lease or any earlier
termination thezeof, title to the buildings, improvements
and building equipment shall automatically vest in the City
without requirement of any deed, conveyance or bill of sale
thereon. However, if the City should require any such
document in confirmation hereof, lessee shall execute,
acknowledqe and deliver the same and shall pay any charge,
tax and fee asserted or imposed by any and all governmental
units in connection therewith.
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21:15.31
Sani.tation: The lessee shall coc:iplf with
~ all regulations or ordinances of the City which are promul-
~ gated for the promotion of sanitation. The premises of the
i lease shall be kept in a neat, clean and sanitary condition,
~ and every eifort shall be made to prevent the pollution of
' • water.
21.15.320~ Building and Zoninq Coces: Leased lands
snall be utilized in accordance with the building and zoning
ordinances and rules and requlations of said authority.
Failure to do so shall cons~itute a violation of the lease.
21.15.330 Fire Protection: The lessee will take all
reasonable precaution to preven~ and take all necessary
action to suppress destructive or uncontrolle~ grass, brush
- or other fires on leased lands, and comply with all laws,
regulatians and rules promulgated and enforced by tne City
for fire protection within the area wherein the leased
premises are located.
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21.15.340 Inspection: The lessee shall allow author-
. ized representatives of tne City to enter the leased land
for inspection at any reasonable time.
~ ~-~
~ 2~. 1~.350.Personal;Use of htaterials: AlI coal, oil,
gas an otner minerals and aIl deposits of stor.e or gravel
- valuable for e:straction or utilization an~ all materials
subject to Tit].e II, Division I, Chapters 4, S and 6 of the
~ Alaska Administrative Code are excep~ed from the opera~ioa
of a surface lease. S,~ecific:-lly, the lessee of the surface
rights shall not sell or remo~•e for use elsewrere an~• ti^~er,
stone, gravel, peat moss, topsvil or any ~ther material
, valuable for buildinq or comnercial purroses; grovided, .
, t hoo~ever, trat material required for the de~•elop~tent of the
,
~•.~, j leasehald may be use~ if its use is first approv~d by the
1 City t~ianager.
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2I.15.360 Restrictions and Reservations: The lease
j ! shall contain such restrictions and raservations as are
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I necessary to protect the public interest.
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21.15.370 tJaste and In'u] r`~ to Land: If any person
~ sliall com~nit araste, tre~^ass or otit~.r injury u~on Cit}• Iand,
; the person so oFfendinq, in addition to bein.7 ci•,;i111 liable
;; ( for any da~ayes cau~ad, sh~ll be d~e-:~ed guilt.: of a:~is-
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=--- -- ' 21.15. 380 ta~1rra::tv: T::e Cit.• d~es r.ot t,~arrant ~: its
classiiicatio:~ or l~asinc? c_ land th~~t the lar.c: is id~all:•
-- sui~e~ ior tne use aut.".cri~-~d u: c•~r ssic classi:ics~ic:~ or
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21.2~.390 Rules: The lessee shall observe, obey and ~
comply with all applicable rules, etc., of the State or
Federal governments.
q~. City reserves the right to adopt, amend and enforce
reasonable rules and regulations governing the demised
premises and the public areas and facilities used in connection
therewith. Except in cases of emergency, no rule or regulation
hereafter adopted•or amended by the City shall become appl9.cable
un2ess it has been given 30 days notice of adoption or
amendment thereof.
jj y. Lessee, in the conduct of its operations an the
demised premises, shall observe, obey and comply with any
and all applicable rules, zegulations, ].aws, ordinances, or
orders of any governmental authority, federal or state,
lawfully exercising authority ovez lessee or lessee's conduct
of its business.
G,3: City shall not be liab].e to lessee for any diminution
or deprivation of possession, or of its rights hereunder, on
account of the exercise of any such right or authori.ty as in
this section provided, nor shall lessee be entitled ta
terminate the whole or any portion of the leaseho2d estate
herein created, by reason of the exercise of such rights or
authority, unless the~exercise thereof shall so interfere
with lessee's use and occupancy of the leasehold estate as
to constitute a termination in whole or in part of this
lease by operation of lawfin accordance with the Laws of the ~-
State of Alaska and of the United States made applicable to
the states.
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21.20.400 Aircraft Operations Protected: ~Y. The City
shall reserve toitself its successors and assigns, for the
use and benefit of the public, a right of flight for the
passage of aircraft in the airspace above the surface and
all improvements approved by the City of the premises conveyed,
tagether with the right to cause in said aizspace 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 airspaceJ``°~ef landinq at, taking off from, or operating
on the Kenai Airport. (t~ t
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,fj ~2! The Iessee by acceptinq conveyance expressly agrces
for itself, its representatives, successors, and assigns,
that it crill not erect nor permit the erection of any structure
or object, on the land conveyed, which would be an airport
obstruction within the stsndards established under the
Federal Aviation Administration Regulations, Part 77, as
amended. In the event the aforesaid covenant is breached,
21-13
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the City reserves the right to enter on the land conveyed
hereunder and to remove the offending structure or object,
all of which shail be at the expense of the lessee or its
heirs, successors, or assigns.
21.20.410 Right to Enjoyment And Peaceable Possession:
The City shall agree and covenant that the lessee, upon
paying rent and performing other covenants, terms and conditions
of this lease, shall have the r9.ght to quietly and peacefully
hold, use, occupy and enjoy the said leased premises, except
that any inconvenience caused by public works projects in or
about the leasehold premises shall not be construed as a
denial of the right of quiet or peaceable possession.
21.20.420 Lessee To Pay Taxes: Lessee shall pay all
lawful taxes and assessments which, during the term thereo€
may become a lien upon or which may be levied by the Sta~e,
Borouqh, City or any other taxlevyinq ~o4dy, ~?o'n~ ~any taxable
• possessory right which lessee may have~in or~~,~'~reason
of its use or occupancy, provided, however, that nothxng
~ herein contained shall prevent lessee from contes~ing as any
other land owner any increase i.n such tax or assessment
through procedures outlined in State statutes.
21.20.430 Na Partnership or Joint Venture Created:
~ The City shall not be construed or held to be a partner or
. joint venturer of lessee in the conduct of business on the
, demised premises; and it is expressly understood and agreed
; tha~ the relationship between the parties thereto is, and
- shall at all times remain that of landlord and tenant.
21.20.440 Default ~iankruptcy: If the lessee shall
make any assignment for the benefit of creditors or shall be
adjudged a bankrupt, or if a receiver is appointed for the
lessee or lessee's assets, or any interest under this lease,
and if the appointment of the receiver is not vacated within
30 days, or if a voluntary petition is filed under Section
18(a) of the Bankruptcy Act by the lessee, then and in any
event, the City may, upon giving the lessee 30 days' notice,
terminate this lease.
~ 2,1.2~.45n Nondiscrir~ination: Tt~e lessee, for himself,
his heirs, persona r~presen atives, successors in interest,
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and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the
land, that:
4..~ No person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in
the use of said facilities;
b,Z. In the construction of any improvements on, over,
or under such land and the furnishing of services thereon,
~ no person on the grounds of race, color, or national origin
shall be excluded fzom participation, denied the benefits
i of, or otherwise be subjected to discrimination;
~ 3: The lessee shall use the premises in compliance
~ coith all other requirements imposed by or pursuant to Title ,
~ 49, Code of Federal Regulations, Department of Transportation,
~ Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
~ in FeBerally-assisted Programs of the Department of Trans-
~ portation--Effectuation of Title VI of the Civil Rights Act
~ of~964, and as said Regulations may be amended;
~1: In the event £acilities are constructed, maintained,
or otherwise operated on the said property described in this
lease, for a purpose involving the provision of similar
, services or benefits, the lessee shall maintain and operate
sucli facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of;Transportation, Subtitle A, `1
Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted Pragrams af the Aepartment of Trans-
portation -- Effectuation of Title VI of the Civil Rights ,
Act of 1964, and as said Regulations may be amended.
. ~ 22.2~.45~ P»~~ial T_^;,a~i~itl~• If ar.,, te~-^.;~ grovision,
' condition or part of the lease is declared by a court of
I competent jurisdiction to be invalid or unconstitutional, ~
the remaininq terms, provisions, conditions or parts shall
,~-'j! continue in full force and effect as though such declaration ;
+ was not made.
.~+ 21.20.470 Parole Modifications: It shall be mutually i
'; ~ understood and aqreed between ~he parties that the aqreement,
;' as writ~en, shall cover all the agreements and stiipulations
I;~~ ~~ between the parties; and no representations, oral or caritten,
have been made modifying, ac3ding to, or changing the terms
-
~f~ thereof.
~
,`~i 21.20.480 Amendment of Lease: Notcaithstanding an}~thing ,
I~-!-:~ , to the contrary, in order to aid the Iessee in the financing
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21.20.490 Compliance With Lac~s: Lessee shall comply
with all applicable laws, ordinances, and regulations of
public authorities now or hereafter in any manner affecting
the leased premises or the sidewalks, alleys, streets, and
way adjacent thereto or any buildings, structures, fixtures
and improvements or the use thereof, cvhether or not any such
~^ laws, ord~.nances and regulations which may be hereafter
~•.~ enacted involve a change af policy on the part of the governmental
body enactinq the same. Lessee aqrees to hold City financially
harmless:
0.~ From the consequences of any violation of such
laws, ordinances and/or regulations; and
~,2! From all claims for damages on account of injuries,
death, or property damage resulting from such violation.
Lessee further agrees it will not permit any unlawful
occupation, business or trade to be conducted on said premises
or any use to be made thereof contrary to any law, ordinance
or regulation as aforesaid with respect thereto.
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~ of the improvements to be situated herein, the City shall
agree that in the event the proposed mortgagee, bene£iciary
or security assignee under any interim or permanent loan on
the security of the leasehold interest of the lessee and the
improvements to be situated thereon so requires, the City
will make a reasonable e£fort to amend this lease in order
to satisfy such requirements upon the express condition and
understanding, however, that such variance in langnage will
not materially prejudice the City's rights thereunder nor be
such as to alter in any way the rental obligations of the
lessee hereunder nor its obligations to comply with aIl
existing laws and regulations of the City relating to the
leasing of airport lands, and to all applicable Federal
statutes, rules, and regulations, and all covenants and
conditions of the deed by which the City holds title to the
land.
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21.20.S00 Care of Premises: Lessee, at i.ts own cost
and expense, shall keep tihe leased premises, aIl improvements
which at any time durinq the term of this lease may be
situated thereon, and any and all appurtenances thereun~o
belonging, in good condition and repair during the enti.re
terni of this lease.
21.20.510 Lessee's Obliqation to Remove Liens: Lessee
`~_:~ c~ill not perr•iit any li`ns it~cludinq, but not limited to,
~.r
21.16
mechanics', laborers', or materialmen's liens obtainable or
available under the then existing laws, to stand against the
leased premises or improvements for any labor or material
furnished to lessee or claimed to have been furnished to
lessee or to lessee's agents, contractors, or sublessees, in
connection with work of any character performed or claimed
to have been performed on said premises or improvements by
or at the direction or sufference of lessee, provided,
however, lessee shall have the right to provide a bond as
contemplated by Alaska law and contest the validity or
amount of any such lien or claimed lien. On final determination
of such lien or such claim for lien, lessee will immediately
pay any judgment rendered with all proper costs and charges
and shall have such lien released or judgment satisfied at
lessee's own expense.
21.20.520 Condemnation: In the event the leased
premises or any part thereof shall be condemned and taken
for a public or a quasi-public use, then upon payment of any
award or compensation arising from such condemnation, there
shall be such division of the proceeds, such abatement in
rent payable during the term or any extension of the term
hereof, and such other adjustments as the parties may agree
upon as being just and equitable under all the circumstances.
If the City and lessee are unable to agree within 30 days
after such an award has been paid into court, upon what
division, annual abatement in rent, and other adjustments
are just and equitable, the dispute shall be determined by
arbitration provided in section 660 hereof.
21.20.530 Protection of Subtenants: To protect the
position of any subtenant(s) hereafter properly obtaining
any interests in the leasehold estate granted lessee hereunder,
the City agrees that in the event of the cancellation,
termination, expiration or surrender of this lease (the
ground lease), the City will accept the subtenant, its
successors and assigns, as its lessee for a period equal to
the full elapsed portion of the term of the sublease, including
any extensions or renewals thereof not exceeding the term of
this lease, upon the same covenants and conditions therein
contained, to the extent that said covenants and conditions
are not inconsistent with any of the terms and conditions of
this lease, provided such subtenant shall make full and
complete attornment to the City for the balance of the term
of such sublease so as to establish direct privity of estate
and contract between the City and the subtenant with the
same force and effect as though such sublease was originally
21-17
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made directly between the City and such subtenant; and
further provided such subtenant agrees to comply with all
the provisions of the ground lease and all the terms of any
mortgage, deed of trust or security assignment to which such
leasehold estate is subject, except the payment of rent
under the ground lease and the payment o£ any debt service
under any such mortgage, deed of trust or security assignment.
21.20.540 Successors In Interest: This lease shall be
binding upon and shall inure to the benefit of the respective
successors and assigns of the parties hereto, subject to
such specific 19.mitations or assignment as are provided for
herei.n.
21.20.550 ~verning Law: The indenture of lease shall
be governed in all respects by the laws of the State of
Alaska.
a
~ 21.20.560 Notices: .~. Any notices required by ~he
lease shall be in writing:and shall be deemed to be duly
given on2y if delivered personally or mailed by certified or
registered mai2 in a prepai.d envelope addressed as follows:
~,p ~?n ~ ~ a,r'~ :~ s as re.-t- ~~.- a.~CO V2 o r K=r
c.sy,..,. .a..~e.~ b ~ w~}~ ,+o'~ ~`c t .
The City shall also mail a copy of any notice given to the
J.essee, by registered or certified mail, to any leasehold
lender (mortgagee, beneficiary of a deed of trust, security
assignee) who shall have given the City notice of such
mortqage, deed of trust or security assignment.
/s~ Any such addresses may be changed by an appropriate
notice in writing to all other parties affected provided
such change of address is given to the other parties by the
means outlined in paragraph 1 above at least 15 days prior
to the giving of the particular notice in issue.
21.20.570 Fire Protection: The lessee will take all
reasonable precaution to prevent and take all necessary
~ action to suppress destructive or uncontrolled grass, brush
or other fires on leased lands, and comply with all laws,
regu2ations and rules promulgated and enforced by the City
for fire protection within the area wherein the leased
premises are located.
21-18
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21.20.580 Inspection: The lessee shall a11ow authorixed
representatives of the City to enter the leased land for
inspection at any reasonable time.
21.20.590 personal Use of Materials: All coal, oil,
gas and other minerals and all deposits of stone or gravel
valuable for extraction or utilization and all materials
subject to Title II, Division I, Chapters 4, 5 and 6 of the
Alaska Administrative Code are excepted from the operation
of a surface lease. Specifically, the lessee of the surface
rights shall not sell or remove for use elsewhere any timber,
stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes; provided,
however, that material required for the development of the
leasehold may be used if its use is first approved by the
City.
21.20.600 Restrictions and Reservations: The lease
shall contain such restrictions and reservations as are
necessary to protect the public interest.
21.20.610 Waste and Injury to Land: If any person
shall commit waste, trespass or other injury upon City land,
the person so offending, in addition to being civilly liable
for any damages caused, shall be deemed guilty of a misdemeanor.
•21.20.620 Warranty: The City does not warrant by its
classitication or le s'ng of land that the land is ideally
suited for the use authorized under said classificata.on or
lease, and no guaranty is given or implied tha~ it shall be
profitable to employ land to said use. City bears no responsibility
for any water erosion of land.
21.20.630 ~pPzoval oE Other Authorities: The issuance
by the City of leases does not relieve the grantee or lessee
of responsibilit}~ of obtaining licenses or permits as may be
required by duly authorized IIorough, State or Federal agencies.
21-19 ,
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21.20.640 Title Restrictions: AlI leases or sales of
praperty shall be made subject to restrictions and reservations
in the patent, deed or other instrument under which the City
holds.
21.20.650 Insurance-Hold Harmless: Lessee shall
covenant to save the City harmless from all actions, suits,
liabilities, or damages resulting from or arising out of any
acts of commission or omission by the lessee, his agents,
employees, customers, invitees, or arising from or out of
the lessee's occupation, or use of the premises demised, or
privileges granted, and to pay all costs connected therewith.
In this connection, the lessee shall agree to arranqe and
pay for aZl the following:
a~r. Public liabi].ity insurance protecting both the City
and/or its aqents and the lessee, such insurance to be
evidenced by a certificate showing the insurance in force.
The amount of such public li.ability insurance shall have
limits not less than those kno~an as $250,000/$500,000/$100,000.
b ~: Liquor liability (where applicable).
c.a: Lessee agrees to carry employer's liability insurance
and Workmen's Compensation insurance, and to furnish a
certificate thereof to the City, if applicable.
uQ -+4: Insurance contracts providing liability insurance
and Workmen's Compensation shall provide for not less than
3Q days written notice to the City of cancellation or
expiration or substantial chanqe in policy conditions and
coverage.
c~ Lessee agrees that waiver of subrogation aqainst
the City shall be requested of lessee's insuror, and shall
be provided at no cos~ to the City.
~-6: Cross Liability: It is understood and agreed that
the insurance afforded by this policy or policies for more
than one named insured, shall not operate to increase the
2imits of the company's liability, bu~ otherwise shall not
operate to limit or void the coverage of any one named
insured as respects c2aims against the same named insured or
employees of such other named insuzed.
~~ The insurance procured by the lessee as herein
required shall be issued in the name of the lessee and the
City by a company liceiised to do business in the State of
Alaska, and shall contain endorsements that (a) such insurance
may not be cancelled or amended ~aith respect to the City
without 30 days written notice by registered or certified
mail to the City by tlie insurance company; and (b) Lessee
shall be solely responsib2e for payment of premiums and that
Ci~y shall not be required to pay any premiums for such
insurance.
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t~.8: The amount of insurance coveraqe required above may
be subject to review for increase at each 5 year renegotiation
of the lease.
~,S. Upon review by the City, the lessee may be required
to obtain such other insurance protecting the City and
lessee that may be necessarily required or advisable owing
to the particularities of the harbor related activities on
the lease hold interest.
I 21.20.660 Insurance of Users-Subtenants: Lessee, for
' its own protection, may require bona fide public users and
~ subtenants to execute agreements holding lessee harmless
I from actions arising out of user's operations and may require
such bona fide public users and subtenants to show proof of
I public liability insurance covering their aperatians on the
demised premises in such ainounts as will adequately protect
them.
~ 21.20.670 Annual Report: The lessee may be required
, to submit to the City each year on or about March 15, an
annual report on its operations, particularly thase services
and facilities offered to the public, whether on a fee or
~ non-fee basis. ,
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21.20.680 Arbitration: In the event the City and
lessee shall be una le to agree as to any matter provided
for in the lease except as to the amount of the 5 year rent
redetermination amount which is handled pursuant to section
180, such dispute shall be determined by 3 disinterested
arbitrators, (unless the parties can agree on ane arbitrator).
Such arbitration shall be conducted upon request of either
the City or the lessee, before 3 arbitrators (unless the
City or the lessee agree to one arbitrator) designated by
the American Arbitration Association and in accordance with
the rules of such Association. The arbitrators designated
and actinq under this lease shall make their asaard in strict
conformity with such rules and shall have no power to depart
from or change any of the provisions thereof. The expense
of arbitration proceedings conducted hereunder shall be
borne equally by the parties. The proceedings shall take
place in Kenai, Alaska unless othercoise agreed upon by the
parties.
21-21
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21.20.690 Modifications of Existing Leases: Leases
shall only be modified to that extent deemed to be necessary
to protect the publ.ic's interest.
21.20.700 Unauthorized Removed of Material Prohibited:
Any person, firm or corporation who without written authority
from the City removes rock, gravel or other material from
the lands owned by the City without the express consent of
the City shall be deemed guilty of a misdemeanor. Any
criminal action taken against such person shall not preclude
the institution of civil proceedings by the City.
21.20.710 Removal Not Authorized By Lease: No deed or
lease qranted by the City to any person shall contain terms
or be construed as granting any right to remove material
~ from City lands.
, 21.20.720 Disposition of Riqhts By Council: In recognition
~ that conditions may exist from time to time whereby use of
~
..i such lands and the materi~l comprising the same may be
beneficial to the public interest and promote the progress ° y
~, and development of the City, applications for the use thereof
may be received and considered by the Harbor Commission,
~ j providinq such applications fully disclose to the City all
- ~ material facts and plans for the proposed use. Such applications
shall be consistent with the Comprehensive Plan of the City ~
~ and referred to the Cit;- Planning Coimnission for its recommendations. ~
' Disposition of such applications shall be made by the Council ;
~,
, ~ after recommendation Prom the Harbor Commission.
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, 21.20.730 Penalties: Xa It is unlawful for any
y,; person to violate any of the provisions of this chapter and
~- upon conviction thereof shall be fined in an amount not
a` exceeding $100. Each day such violation is comtnitted or
_~~_ ,
permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
S f~ 2: Zn addition to or as an alternative to the above
,;` penalty provision, the City may impose a civil penalty not
' to exceed $100 per day for the violation of any provision of
___;_~_ this chapter and seek injunctive relief for any infraction
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thereof for which the offendinq party will be charged for
--- reasonable attorney's fees and costs incurred by the City as
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awarded by the court.
c~ 3: Nothing in this section shall be deemed to restrict
the City's exercise of any of its rights pursuant to the
lease agreement including those enumerated in section
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21-23
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Y. O. BOX S80 KENAi, ALASKA 99~i1
TEtEV110NE ~d3 • 7535
~ ' January 11, 1980
MEMO
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; T0: Honorable Mayor and Council of the City of Kenai
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~ FROM: Ben T. Delahay, City Attorney
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~ i SUBJECT: Ordinance No. 537-79--Personnel Ordinance
g,
On the agenda before the Council is Ordinance No. 537-79 which
codifies the Personnel Ordinance into the 1979 Code. At the
work session to study this Ordinance last Thursday night, it
became apparent that there was some confusion about the
contents of the Ordinan~ce.before you. Since the Council
has never amended or made any motion to amen t e oriAinal
Ordinance that was introduced. that ori~inal ordinance is '
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still the endin matter before tl~e bod . This Ordinance
wil e t e irst to appear in your pac et. Just beneath
this is an Qrdinance which is marked at its top "FIRST
SLIBSTITUTE ORDINANCE" which is the ordinance containing
all of the changes outlined in the memorandum of the City
Manager and which changes have been previously explained
to Council.
I have previously checked the original Ordinance No. 537-79
and found that it is in fact nothing but a recodification--
that is, the contents are the same as the ordinances presently
in existence. In order that the Council may be fully aware
of the changes in the first substitute ordinance which would
amend or modify the present Code, I have gone through both
ordinances and marked the passages in both ordinances which
have been changed. In order to distinguish between them, I
have numbered each marking so that the Council can compare
the lines opposite the No. 1 marking (which happens to be
the adapting ordinance) of the original with No. 1 on the sub-
stitute ordinance. Throughout the Code, each provision is compared
with the comparable provision of the other ordinance by the
same number--that is, No. 3 to No. 3, No. 7 to No. 7, etc.
You will note that most of these marks are perpendicular
lines which mark one, two, or more lines in which changes occur,
but there are some horizontal lines in the margin. These
horiZOntal lines indicate that where that 2ine appears there
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Page 2 -
January lI, 1980
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is nothing in that ordinance, but there is something in the
other ordinance in that place. Thus if the horizontal line
is in the original ordinance, then the vertical line in the
substitute ordinance marks an a~ldition to the original ordinance,
but if the horizontal line is in t4e substitute ordinance,
then it marks a deletion of the mar~erial previously contained
in the original ordinance.
In examining this ordinance, I have found that the numbering
system in the new Municipal Code has not been followed. This
has led to a great deal of confusion in trying to ascertain
just where in the,ordinance one is working. There are sometimes
two or three pages in one Section O10 with various letter and
number paragraphs and many paragraphs with no designation ~
whatsoever. I am expecting my secretary back from vacation
Manday, and if at all passih2e I wi11 prepare a"Second
Substitute Ordinance'• to be placed before you at the night
of the meeting. THERE ~4ILL BE NO CHANGES OF WORDING IN THE
PROPOSED ORDINANCE-- C S F. NG
S STEM A TE H ADIN S AND S CT N DI t is
or inance is prepare , I will also mar it ~ust as I have the
First Substitute Ordinance so that it can be compared so far
as changes or modifications from the present Code is concerned.
If I have time to accomplish this, I believe you will find it ,
much easier to locate a position in the Code that is being -
talked abeut. -
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p. O. iAX S/0 KEHAI, ALASKA 99~i1
TEIEPMONE 2i3 - 75Z5
January 11, 1980
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M-E-M-O-R-A-N-D-U-M .
T0: CITY COUNCIL
FROM: Charles A. Brown, Finance Oirector
RE: Personnel Ordinance, Ord.#537-79
Thraugh administratlve error, Ordinance No. 537-79 as it appea~ed last in ypur
packet (December 14, 1979) was changed from the Ordinance No, 537-79 that was
introduced on November 7, 1979.
The changes were those listed in my memo to Councjl of Oecember 3, 1979
(attached~ and changes requested by ~ whictL loW:
,~.~ ,
1. 23.30.O1Q,5(b1 i shou]d re d, "Police -~ shifts of 10 hpurs
per week, 2080 hours annual~y~ When wopking this shift, lst
and 3rd days off shall be treated as Saturdays and the middle
day off (the 2nd day) sha11 be tpeated as a~unday for purposes
of paying overtime;"t 7his change is requested tq prpvide one
day of the work week for which police could receiYe double-time
pay, as with other employees,
2. 23.55.010 3 a Police Lieutenant Advanced Certtffcatton
c anged to ,440{from $720).
3. 23.55.010 4 a Uniform allowances changed to: Jafl 5250
100 increase); Police $400 ($150 increase); Fire 5300
($100 increase); Animal Control $250 {no change).
Additfonally, the following changes were requested by the City Administration
that are of a c]arifyinq nature and have also been incorporated into the
ordinance:
1. 23.30.0]0 3 In the third paragraph, the working "probationary period"
has b~'~"~een cFianged to "original probationary period". Also, in the
fourth paragraph, the working "the date that probation ends" has
been changed to "the date that original probation ends". And "until ,
promotion or transfer" has been added to the last sentence of the
fourth paragraph. These changes are necessary because of cases ~
where an employee transfers from ane department to another, or is
promoted without a b-•eak tn service,
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City Council ~
- 2. 23.40.010 1 Verbage has been added to limit medical and
osFi~pital nsurance benefits to the empioyees working no
less than 25 hours per week. This is a requirement of our
r, health plan. (A sfmilar requirement, with a 30 hour limit,
was in the former health pian).
3. 23.40.010 12 Mention of the specific health insurance
carr er was eleted; replaced by simply, "provided by a
group policy".
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becember 3, 1479
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To: Kenai City Council and City Employees
Prom: Charles A. Brown, Finance Director
The following changes to Ordinance I3o. 537-79 are recommended by the
Finance Director. Please make comment prior to 12-11-79 for inclusion
into the ordiaance for placement on the 12-19-79 regular Council
Meeting Agenda.
Title 23, Personnel Regulations: .
Section 25.010, 6(e) should read "T'ne Finance Departmeat shall
ask emploqees to submit monthly time sheets on a date near enough
to the end of the month to allow for processing of pay checks bq
the last pay day of the month as explained in paragraph 5(a) of •
this section. Overti.me appearfng on such time sheets shall be paid
oa the Iast pay day of the month. Overtime worked between the submission
of time sheets and the end of the month shall be entered on the following
month's time sheet and paid on the last pay day of that month."
Section 25.010, 6(b) should read "When employees are required to work
overtime, department heads shall authorize cornpensatory time off or
overtime pay. Determiaation to grant cash or compensatory time off
shall rest with Lhe department head, City Manager or actiag department
heads, who shall give due consideration to desires of the employee, to
budgetary controls aad to the provisions of Sec. 25.010, 6(c) of this
ordinance. Rates for overtime shall be:"
Geaeral Governmeut: Regular TJorkday @ 1 1/2 .
Saturdaq @ 1 1/2
Holiday (Scheduled Workday) @ 2
. • which includes regular pay
Holiday (Not Scheduled Workday) @ 2 1/2
, which does not include regular paq
Holiday (Hours beyond 8) @ 2
Sunday (Not Scheduled IJozkday) @ 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 iJorkday @ 1 1/2
' Saturday @ 1 1/2
Holiday (~Iot Scheduled Workday)
2 1/2 whfch excludes holiday pay
paid annually (Sec. 40.010-2)
Holfday (Hours beyond 8} @ 2
Sunday (Not Scheduled) @ 2
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December 3, 1979
Page 2
However, Yublic Safety aaployees must be in a paid status for thefr
aormal work week before overtime may be paid:
Police 40 hours
Fire 56 hours
Communications 42 hours
• Jail 42 hours
Sectioa 25.010, 6(d) First two sentences ok, ttiird sentence to read,
"In lieu of papment, time off is suthorized with a maximum accumulation
of eight (8) hours:"
- Section 30.010, 3. Everq place it says "Police", saq "Police and Fire".
Oa page 23-9, at end of first paragraph, add:
"For emploqees who have not gaiaed regular status by July 1, 1977;
. the date~ u~at~probation ends shala. be the employee's anniversarq"-
date. For emploqees who have gained regular status bq July 1,
1977, July 1 shall be the e~ployee•s anaiversarq date.
Section 30.010, 3. First sentence "tentative" is spelled wrong. Also,
ia (3) add "including those that result from traasfers" after the word
appointments in first line.
Section 30.010, 5(6) ii should read "Fire-24 hours on, 24 hours off
for 6 day cycle, then fhree (3) daqs off /equivaleat of 56 hours per•
"week, 2912 hours anaually; .
Section 30.010, S(6) iii should read "Communications and Jail-12 hours .
on; for tbree (3) days; off for three (3) days/equivalent of 42 hours
per week, 2184 hours annually."
Plalce Sectioa 30.OI0, 5(c), 5(d) instead.
F1ake 30.010, 5(c) to read "Sever Treatment Plant employees work a 4t~ hour
week on a shift basis that allows at least one employee to be at the plaat
on a givea day. When scheduled days off are two consecutive calea3ar
daqs, the first day off shall be treated as a Saturday and the second
day off shall be treated as a Sunday for purposes of paying overtiaie."
Section 30.010, 11 (6) $.?.0 first 100 miles
$. .15 next 100 miles .
$ .10 thereaf ter
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; December 3, 1979
Page 3
! Section 35.010, 6 last paragraph should read, "No benefits toward
seaiority or leave accrual shall accrue due to prior periods of service."
I, Section 40.010, 2. belete "Any general government eaiployee who works
oa a recognized holiday.....include his regular pay. My hours worked
.....two times their regular rate of pay."
Also add "Jail" to "Dispatchezs (42 hour week), ..."
' Sectioa 40.010, 3(a) i"...less l~irefighters, Communications and Jail
personnel:"
Sectioa 40.010, 3(a) iii "Cocamunicatioas and Jail personnel: (....."
Section 40.010, 3(d) !'.....84 hours for Communications and Jail."
Maximwa is "6~2 hours fo~ Coa~uaicatioas and Jail."
Sectioa 40.010, 3(f) :'.....84 hours for Communication aad Jail."
Sectioa 40.010, 3(i) '.'..... on exhausting annual leave may, with the
approval of the City DTanager, .,...r'
.~
Sectioa 40.010, 4".....(first six (6) moaths for Police and Fire),....."
Section 40.OI0, 7(a) li "The employee has made applicatioa for appzoval
~ of.....to his department head.....registratioa for such course (and the
department head subsequeatly gives such approval), and"
Sectioa 40.010, 12 "Medical and hospftal insurance: As provided
;I by Group Policq ia force at ao cost to the employee. Life....."
~~.~ Section 55.010, 6. At the end of paragraph, add "To be eligible for
: stalsd-by pay, an employee must formally be placed oa stand-by status,
~~• with the approval of the Citq Manager, and the proper documentatioa
indicating such approval placed ia the empioyee's personnel records.
` t., ~~ Aa employee in stand-by status must be avai2able for call-outs and snust
'' 'I be in a location whereby the responaible City persos~riel caa commuaicate
r i ~) with hiw or her."
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CITY OF KENAI
' ORDINANCE NO. 537-79
AN ORDSNAI3CE OP THE COUNCIL OF THE CITY OF KEI3AI, ALASKA ~
CODIF'YING ZNTO THE I979 KENAI CODE THE PERSONNEL ORDIIJANCE
OF THE CITY OF KEI3AI AS TITLE 23.
WHEREAS, the City of Kenai has recently updated its Code in
the I979 Kenai Code, and •
WHEREAS, it is anticipated that within the future months 1
various updating and revisions will be made in several of 1.
the code ordinances themselves, ar~d ~
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 nuraerous 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 (1.60.054, 060, 070 and O80) 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 sec~ions in the Code,
NOW, THEREFORE, BE IT ORDAINED BY THE COLSNCIL OF THE CITY QF
KENAI, ALASKA as £ollows:
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 '
Regulatio-' ns, in the form as attached hereto and made a part
hereof.
PASSEA BY TIIE COUNCIL OF TII~ CZTY OF KENAI, ALASKA this
21st day of Noveniber, 1979.
ATTEST:
i. ;=..-- ~ ~
, --~~ ~ !r~-=~, Janet whelan, City Clerk
VINC~NT O'REII,LY, MAYOR
First ReadinR: November 7, 1979
3econd ~teading: November 21, 1979
Third Readfng: December 5, 1979
Fourth tteading: liecember 1~, 187~
Fifth Reading: January 16, 1980
Effective Date: February 16, 1980
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Title 23 • • ~
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E
NNEL REGULATIOI3S
Table of Contents
CHAPTER 5 - General
•
1. Empl'oy.ment-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 - ADMZNISTRATION
CHAPTEB 20 - CLASSIFICA,TION ~
~1. Initial Classification .
2. Review of Classification Plan ~
3. Adjustments to Organization ,~•~ '
CHAPTER 25 - COMPENSATION .
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1.
Pay Plan-Development . ~
2.
Pay Plan-Adop~ion c
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3. Pay Plan-Amendment ~
. 4. Appointee Compensation ,~
5. Pay Day ' • ~
~ 6. Overtime ~ ~
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7. Acting Positions
8.
Promotion ~
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CHAPTER
30 - PERSONNEL POLZCIES AI~D PROCEDI3RES h
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l. General ;~
2. Appaintment ~
3. Probationary Period
4. Meri.t/Growth/Evaluation '';
5. Hours of Work
6. Attendance ~~
?. Personnel Records
8.
Transfers ~
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~ ~. Layoffs f
10. Outside Employment
11. Travel Expenses
12. Moving Expenses-New Employees
13. In-Service Training
14. Relatives in City Service
CHAPTEP. 35 - GEZIERAL CONDUCT
~ : 1. Appearance ~ -
i 2. Causes for Warninq, Suspension or Dismissal
i 3. Disciplinary Actions
' 4. Grievance Procedures
~ 5. Resf.gnation
, 6. Re~mploymen~
7. Cost Coasciousness
8. Safety
9. Legal Liability
CHAPTER 40 - BENEFITS
~ 1. General
2. HoZidays •
3. Annual I,eave
4. Terminal Leave
5. Leave of Absence without Pay
~~ E. Leave of Absence with Pay
7. Education
~ 8. Educational Opportunities
9. Retirement Age
10. Social Security
11. Industrial Accidents
~ 12. Medical and HospitaJ. Insurance
~ 13. Maternity Leave
~~ CHAPTER 45 - PERFORt~IANCE EVALUATION ~
1. Purpose
2. Periods of Evaluation
3. Performance Evaluations
`~ ~+., '~~ ~ 4. Review of Performance Report
;~, j 5. Unsatisfactory Evaluation
: : ~ . ;) 6 . Appeal Procedure
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CHAPTER SQ - CLASSIFICATIO:J PLAN
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, CHAPTER 55 - PAY PLAN
1. Exempt Salaries
_ ~` 2. Salary Structure-By Grade .
` 3. Uniform .'~llowance
_ 7=- I ~ CHAPTER 60 - DEFINITIONS
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~~• 23.05.010 GENERAL PROVISIOPJS: It i~ hereby declared, ~
personnel policy of the City of Kenai, that:
1. Employment-Qualifica~ions and Fitness: Employment
in Ci~y Government shall be based on qualification and
fitness, free of personal and political cor.siderations, with
equal opportunity for all with no restrictions as to race,
color, Creed, religiaus affiliati~ns or sex.
2. Incentives and Conditions: Just and equitable
incentives and~conditions of emplo}~ment shall be established
and maintained to promote efficiency and economy in th~
operations of the City government. _
3. Unifor~~ity of Classificati~n and Compensaticn:
Positions having similar duties and responsibiliti~s sha1Z
be classified and compensated on a uniform basis.
4. Appointment: Appointments, pr~motions and o~her •
ac~fons requiring the application of the mezit principal
shall be based on systematic evaluation, desiqned for the
position to be filled.
5. Morale: High mora2e shall be maintained by the fair
administration of this ordinance, by every consideration of
rights and interests of employees, consistent with the best
fnterest of the public and the City.
5. Tenure: Tenure of employees covered by this ordinance
shall be subject to good behavior, satisfactory performance
of work, necessitl for the performance of work and the
~ availability of funds. . ~
23.10.010 CATEGORIES OF SERVICE: 1. General: AI1
offices and positions of the City are divided into classified
service and exempt service. All the provisions of this
chapter shall apply to positior.s ir. the classified service.
The provisions of this chapter shall ap~ly to positions in
the e•r.empt service as indicated in 2 b~low.
2. Exempt Service: The exempt service shall include
the following:
(a) Mayor - Only the following provisions shall apply
to the Mayor: Sec. 30.010, 11(b) and 11 (d) and Sec. 40.010,
10 and 11.
(b) Other elected officials and members of boar~s or
commissions. On2y the following provisions shall agply to
such officials: Sec. 30.010, 11(b) and 11(d). ~
(c) The following Council appointed administrative
of fices:
i. Ci~y Manager. The City Manager shall perform
all those duties mandatcd foz his position by the
provisions of this chapter and shall be hound or re-
ceive the benefits of the following sections insofar as
they are applicable: Sec. 25.D10, paragraphs 5 and
6(d); Sec. 30.010, paragraph 11(b)(c)(d); Sec. 90.010,
,~ paragraphs 2, 3, 4, 8, 10, 11, 12 and 13. ~
ii. City Clerk. Only those provisions specifical2y
enumerated under "i" above shall apply to the City
Clerk.
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/+ 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 involvi.ng 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 annua_
budget or salary guide adopted by resolution of the City ~
Council. Any new position created at the start or duri.ng
the budget year and either ratified or a£firmed 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
f~r police, whi.ch shall be 12 months or;
+ ii. Shall serve a probationary period of 6 months
(1 from the time of their appointment, which may be extended
before acquirinq permanent status, if they have held
their positiion for less than 5 months, with the exception
of golice, for which 12 months is substituted~in the
above for the stated 6 month period. ~
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23.15.010 AD24INISTRATION: The personnel program -
established by this ordinance shall be administered by the
City Manager. Iie 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 inay 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 encouraqed 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 bianager and
provision~ of this ordinance, and shall be binding on the
employees.
~ 23.20.010 CLASSIFICATION: 1. Initial Classification:
The City Manaqer shall make analysis of the duties and res-
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~ ponsibilities of all positions in the classified service and ~
shall recommend to the Council a job classification plan.
i Each position in the classified service snall be assigned to
, a job class on the basis of the kind and leve2 of its duties
and responsibilities, to th~ e.^.d that all ~ositions in the
~ ~ same class shall be aufficiently alike to make use of a
j single descriptive title, the same qualification require- ~
i ~r~ents, the sam~ test of competence and the same pay scale.
~ A job class maj+ contain one position or more than one position.
~ The Council shall ad~pt a classification plan by ordinance.
i 2. Revisions to C2assification Plan: The initf.al .
~ classification plaa shall be revised from time to time as
changing positions require it, with the recommendation of
" the City Managzr and the approva2 of the City Counci2. Such
revisions may consist of ad3ition, abolishment, conso~idiation, '
divisioa or amendment of the existing classes.
~ 3. Adjust~n~nts to Organizatf.on: Whenever a change in
~ the orqanization af the City administration is brought ahout
! by changes in the classification system outlined above, the
I City Manager sha21 submit to the Council a chart or table of
organization of the administration, indicating the new ~ ~
; structure and reporting relationship.
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` 23.25.010 COMPENSATION: 1. Pay Plan-Development: ~.
I The City Manager, in consultation with the Finance Directoz, ~
shall prepare a pay plzn and rules for its administration.
- The rate ar.d range where each c2ass shall be such as to
refiect fairly the differences in duties and respansibilities
and shall be related to compensa~ion for comparable pcsitions ~
,, in other places of public eMployment. The objective of the
! pay plan shall be to prcvi8e an appropriate salarp'structure
_ to recruit and~retain an adequate su~ply of competent employees.
~! 2. Pay Plan and Adoption: The Ci"ty Manager shall
submit the pay plan and rules for its administration to the
f~` ' City Council for adoption. Before the z ~
rules for its administra~ion are adoptad bypthn Council, the ~
! City Manager sY.all assign each jcb class to one oE the pay ~
`~ ~ ranges provided in the pay plan. The Council shall adopt a
4.. ~ plan and rules by ordinance.
~~ ~ 3. Pay Plan Amendment: The a
,J,, F; ~ p y plan may be amended by
. the City Council from time to time as circumstances require, ~
either by adjustment af rates or by reassignment of joh
classes to different pay ranges. AI1 modifications shall ~
, ~ apply uniformly to all positions in the same class.
4. Appointee Compensation: (a) Upon initial appoint-
~ ment to a positian, the empl~yee shall receive the minimum `"
____-' salary for the class to which the position is allocated.
'.i` (b) However, in the cases when unusual difficulty in ~
-~-- - fillin~ the vacancy i:, experienced, or ~her. the appoi:ttee is '
_';__ - exceptionall}• qu~Iifie~, the City Dianager may cause _he -~
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~ appointnient to be made at a salary lES~e~. above the minimum,
but r_ot more than Level D for the same class.
• 5. Pay Day: (a) Normally, employees shall be paid on
the 13th and last day of each month. If the pay date falls
on a Saturday, Sunday or a holiday, employees shall be paid
on the last working day preceding the pay date.
.(b) The mid-month pay shall be a pro rata draw or a
share of net entitlements for the monthly period, or period
employed if a new employee.
(c) Overtime payment, see paragraph 6.
~ 6. Overtime: (a) Department heads and supervisors
shall assign to each employee regulaz work duties and res-
ponsibilities which can normally be accomplished within the
established work day and wark 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 qive due consideration
to desires of the employee, to budqetary controls and to the
provisions of Sec. 25.010, 6(c) of this ordinance. Rates
for overti.me shall be:
General Government Reqular workday x 1 1/2
Saturday x 1 1/2
Holiday (Normal Workday) x 2-1/2 I~
~ which includes holiday pay ~
Holida,y (hours beyond 8) x 2
Sundays x 2 .
However, General Government eraployees must be in a paid
status for 40 hours in the wark week before overtime may be
paid.
Public Safety Regular Workday x 1 1/2 .
Saturday x 1 1/2 .
Iioliday 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 whicY: the employee is not scheduled
x 2 •
Iiowever, 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 (212 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
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employees attending special activities not part of their ~
3 usua~ work duties, the cos~s of which are reimbursable to
the City, will be calculated at 1 1/2 times the hourl~ ra~e
based"on a 2080 hour year.
(c) Compensatory t±me accumulation shall not exce2d 8
hours. once this maximum accumulation has been reached, all
overti~e compensation earned by the eml~loyee shall autonatically
~ be paid in cash.
(d) For so~e positions, overtime is considered part of
the job respansibility and, therefore, does not justify
overtime pa~. Cash comgen~ation for overtime shall not be
qrante3 to the following positions - Department Heads or
' exe:apt personnel to which this provision applies. In lieu
~ of payr~ent, time off is authorized on a non-cuiculative ~
basis.
(e) O-~ertime shall be paid one pay day in arrears. ~
7. Actinq Positions: Cornpensation during temporary
assignment-an e~ployee 41}10 is temporarily assigned to a
pcsition ~~ith a hiqh~r pay range for a period of 10 daya or
raore shall be paid at the first ~tep of-the higher pay range
' or, he shall be granted a one step pay increase, whichever
, is hiqher, for the period worked in the temporary assignment.
An employee who is temporarily assigned to a position ~~ith a
lower pay range, for any perfod, shall not receive a reduction
in pay. No such temporary assiqnment shall exceed 6 m~onths.
8. Promotion: When an employee is promoted from one ~
class to another having a hiqher pay range, he shall recei~~e
an increase of not less than one pay step. If the employee's
current rate of pay is below the minimum for the higher
class, his pay shall be increased to the minimum rate of the
higher class. If the employee's current rate of pay falls
within the range of the higher class, his pay shall be
adjusted to the next hiqher pay step in the ranqe for the
higher class, which is at l.east equal to one increment ab~ve
his current pay rate. . .
23.30.OI.0 PERSONDIEL 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 Iimits. Departmental Rules shall
establish response times required by that clepartment.
(d) Minimum age for City employment shall be in accordance
with State of Alaska laws.
(e) Employment of qualified, handicapped persans shall
be encouraged. ,
(f) Employment rights for veterans sball be in accordance~
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~ with applicable State and Federal laws.
(g) Applicants must possess an agpropriate 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 detazl to equate to a City
form.
(i)' Preference in appointment shall be given to qual-
iffed City residents.
2. Appointment: All appointments to vacancies shall
be made solely on the basis of inerit, efficiency and fit-
ness. These qualities sha12 be determined through careful
and impaztial evaluation of the following:
(a) The app2icant`s level of training relative to the
requirements of the posftion for a~hich applied.
(b) The applicant's physical fitness relative to the
requirements of the position for which applied.
(c) The results of an oral interview, and
(d) Whenever practical, the results of a competitive
written examination or demonstration test, which shall be a
fair and valid test of the abilities and aptitudes of ap-
plicants for the duties to be performed.
No question in any test or in any appl#.cation form or
. by any appointing authority shall be so framed as to attempt
to elicit information concerning race, color, ancestry, sex,
national origin, or political or religious affiliation for
~ the purposes of discriminating. • .
All statements submitted on the employment application
or attached resume shall be subject to investiqation and
verification.
If required by the department, applicants shall be
fingerprinted prior to app~intment.
Any job applicant or emo~.oyee may be required to take a
physical examination. In cases where a physical e~camination
is deemed advisable, the City shall pay the cost of the .
examination. '~
3. Probationary Period: All oriqinai appointments
shall be tenative and subject to a probationary period of
not less than 6 months consecutive service, except for
Police, which shall be norinally 12 months, subject to
meeting criteria for certification which may be accomplished
following 6 months of service. Promotional appointment
probationary period shall, for aIl personnel, be not less
than 6 months.
In cases where the responsibilities of a position are
sucb that a longer period is necessary to demonstrate an
employee's qualifications, the probationary period may be
extended; however, no probationary period shall he 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 b months of probationary period, a new
~ emoloyee (inc2uding police3 shall not be eliyible for vacation
benefits, but he shall earn vacation credit from the first
day of employment.
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Upon completion of the probationary period, the em- ~
ployee shall be considered as having satisfactorily dem-
onstrated qualifications for the position, shall gain
zegul~r status, one step in pay raise, and shall be so
~ informed through his supervisor.
Durinq the probationary period, a new hire may be
tersninated at any time without appeal.
Zn 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 thouqh this necessitates the layoff af
the employee occupying the position. •
4. Merit/Growth/Evaluation: (a) Evaluations shall be
required annually of all classified employees. Supervisors
shall indicate thereon his recommendation as to whether or .
not the emplayee has merited a growth pay raise in accord-
ance with the City Pay Plan, Sec. 23.SS.Ol~aises are vested
(b) Approval of increment merit pay
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
exceptinq 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 Safe~y 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; ~
ifi. Communication-12 hours on, 36 hours off/equiv-
I~ I alent of 42 hours per meek, 2184 hours annually.
All other employees' normal work week is 40 hours/8
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hours a day, 2080 hours annual2y. Standard work day is
midniqht to midnight succeeding. Standard work week is
midniqht 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 regardinq hours of
work, holidays and leaves vf absence.
An employee shall not absent himself from work for any
reason without prior approval from his supervisor. When
prior approval fs 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
arranqements have been made with the supervisor. 1
Departments shall maintain records of employees' attendanc~
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Any unauthorized absence of any employee from duty
~ shall be deemed to be an absence without pay and may be
cause far disciplinary action.
'l. 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 xecozd shall show the employee's name,
title of position held, the department to which assigned,
salazy, change,in employment status, training received, and
such other information as may be considered pertinent.
A personnel action form shall be used as the si.ngle
document to initiate and update personnel records. -
Employee personnel records shall be considered con-
fidential and shall be accessible only to the follbwing: .
(a) the employee concerned,
(b) selected City officials authorized by the City
Manaqer.
Departmental personnel files should not be developed or
maintained, except as working records; i.e., accumulating
data for evaluation reports. Departmental perso~el records
are therefore unofficial and have no standing.
8. Transfers: Requests from employees for transfers
from one department to another shall be made in writinq and
shall be directed to the employee's present department head
arsd ~eferred 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 ~o a position for which he does not possess
the minimum qualifications. • .
9. Layoff: Zf there are changes of duties in the
organization, lack of work or lack of funds, the appointing
authority may lay off employees; however, the appointinq
authority shall first make every reasonable effort to
integrate ~hose employees into another department by transfer.
When layoffs are required, the appointing authority shall -
base the decision on relative merit, and shall qive due ~
consideration to seniority in the City service only cvhere
the employee's qualifications and ab-lity 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: t4hen employees are required to
travel outside the City on City business, reimbursement,
subject to advances received, far 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.
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(c) To be eligible for the total allowance for an
employee who is ~he head of a household, his dependents must
accompany him or join him within one year of the date of his
appointment.
(d) New employees who are assisted with their moving
expenses shall be required to sign a Transportation Agreement
prior to employment. The Transportation Agreement stipulates
that the employee will reimburse the C,ity for all or part of
such expenditures in the event of voluntazily leaving City ~
service within a period of 2 years according to the follo~,ring
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 opportuni~ies 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-t~ide
personnel needs and to prepare employees for promotion to
positions of greater responsibility.
(b) Travel on official business outside the City by a ~
single individual shall be via public carrier or city-owned
vehicle whenever practical. If, for extenuating circum-
stances, the employee is authorized to use a private vehicle,
total mileage shall be paid at the rate of $.20 per mile for
the first 100 miles, $.10 per mile for the next 100 miles,
and $.OS per mile thereafter. This rate includes alI travel,
insurance and storage expenses of the vehicle.
(c) Those employees who habitually use their privately
owned vehicle for City business shall be reimbursed $20 per
month, subject to authorization by the City Manager.
(d) The authorized per diem rates are $20 per day. plus
lodging expenses. Part days will be reimbursed for actual _
costs incurred. Claims for lodging expenses will be supported
by receipts.
12. Moving Expense for New Employees: Whenever a pro- ~
fessional or technically trained person changes his place of
residence more than 50 miles, for the purpose of accepting
employment with the City, such a person may be reimbursed
for actual and necessary expenses under.the following conditions:
(a) The employee must be appointed to a position or a
class for which the City Manager certifies that such expenditure
is necessary to recruit qualified employees and funded by
the Council.
(b) The maximum reimbursable shall be subject to
negotiation at the time of an offer of acceptance of appoint-
ment. ~
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Traininq sessions map be conducted during reqular
~ working hours at the discretion of department heads.
14. Relatives in City Service: Two members of an
itnmediate family (spouse, children, brother, sister or
parents) shall not be employed under th~ 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 pramotions,
demations, transfers, reinstatements and new appointments.
Cohabitatian by adults of the opposite sex presumes a
family relationship and shall be construed as such. .
23.35.p10 GENERAL CONDUCT, DISCIPLIPIE, TER2~IINATION
AND APPEAL: 1. Personal Appearance and Conduct: Public
relations shall be an integral part of esch 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 puhlic service. Departmental regulations
may impose reasonable specific standards of dress and ap-
pearance.
~ Employees shall be courteous, efficient and helpful to
everyone in their work and shall do the best job possible on
~ every assignment.
2. Causes for Warning, Suspension or Dismissal: S~Jhen
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) Drinkinq intoxicating beverages or use of non-
prescription depressant, stimulant hal,lucinogenic 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 wi~hout first notify~.ng 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 frateznal influence;
(j) Acceptinq fees, gifts, or other valuable things in
the performance of the employee's official duties for the
City;
(k) Inability ta 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
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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 Cfty's personnel rules and regulations. No employee
shall be disciplines except for violation of established
rules and requlations, and such discipline shall be i.n ac-
cordance with procedures established by the personnel rules
and regulations.
Every dep~rtment 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 sexwe 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 qrievances in accordance with the provisions
set forth belaw.
4. Grievance Procedure: The City shall promptly consider
and equitably adjust employee grievances relating to employ-
ment conditions and relationships. Furthermore, the City
desires to adjust the causes of grievances informally-both
supervisors and employPes are expected to resolve problems
as they arise.
The following steps shall be followed in submittinq and
processing a grievance: . „
(a) Step 1- The aggrieved employee or group of employees
shall orally present the qrievance to the immediate super-
visor within 5 working days of the occurrence, nat 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 workinq days after the supervisor's
oral reply is given, not including the day that the answer
is qiven.
(c} Step 3- If the gzievance is not settled in Step
2, the written grievance shall be presented along with all
pertinent correpondence, records and infarmation accumulated
to date to the City Manager within 7 working days after the
department head's response is qiven, not including the day
that the response is given. The City rfanaqer shall meet
with the aggrieved emp2oyee or qroup of employees, the
immediate supervisor and the department head. The City
rianager shall reply to the grievance in writing within 7
working days of the date of presentation of the written
qrievance. The decision of the City i~ianager sha12 be fina2
and binding on the employee or group of employees.
23-13
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If the grievance procedures are not initiated within
~ the time limits established by this section, the grievance
shall be considered not to have existed.
Any grievance not taken to the next step of the grie-
vance'procedure shall be considered settled on the basis of
the last reply made and received in accordance with the
provisions of this section.
•If.the City fails to meet or answer any grievance
within the time limits prescribed for such action by this
section, such grievance shall automatically advance to the
next step. If the City fails to meet or answer any grie-
~ vance on the last step of the grievance procedure within the
time limits prescribed for such action by this section, it
shall be deemed that the City has considered the grievance
to be in favor of the grievant and sha21 resolve the mattez
accordingly.
The time limits prescribed in this section for the
initiation and completion of the steps of the grievance
proceduze 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 emplcyee shall be disciplined or discriminated
aqainst 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 appainting authority not less than 10 working
days prior notice of such resignation unless the appointinq
authority aqreed 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 for denying
future employment with the City.
6. Reemployment: Permanent and probationary employees
with a satisfaetory record of service who resign their ~
positions (in accordance with the provisions of this or-
dinance for resignation from the City service) may, on their
written request, withdraw such resignation within one year
fram 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 eliqibility of all candidates for re-
employment shall expire 2 years from the date on which they
become entitled to the zeemployment rights.
A reemployed individual shall acquire seniority based
on the length of the employee's continuous service to the
City since the employee's Iast 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 gublic.
8. Safety: The City Manager shall be responsible for
the development and maintenance of a safety program, equal
23-14
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' to but not limited to OSIiA requirements. Such progzam 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 cqmplete an accident form. In case of a motor vehicle
accident, the Police Department shall also be notified
immediately. •
The City Manager shall be notified of all accidents in-
volving City employees and City equipment as soon as possible
and not later than the next work day. ~
9. Legal Liability: Employees shall abide by all laws
and regulations which qovern the performance of their duties,
and shall perform their duties as reasonable, prudent persons.
Defense of legal claims against an employee relating to an
official s~atus with the City, shall be the responsibility
of the City.
Zf 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: Al1 regular full
time, regular part-time (15 hours and over per week) c2assi-
t6 fied employees are entitled to the following benefits as
specified in this article. -
2. Holidays: Al1 reqular employees of the City shall
be entitled to the holidays listed below with pay. Full.
time employees shall receive reqular compensation; part-time
~mployees shall be compensated in propQrtion to the number
of hours they are normally scheduled to work.
(a) New Year's Day
(b) Washing~on's Birthday
(c) Memorial Day
(d) Independence Day
(e) Labor Day
(f) Alaska Day ~
(g) Veterans Day
~h)~ Thanksqiving Day
(i) Day after Thanks~iviiiy
( j ) Christmas Day
(k) A floating holiday to be selected by the City
Manager
If any such holiday falls on a Sunday, the folloc~ing
Monday shall be given as a holiday. If such holiday falls
on a Saturday, the preceding Friday shall be qiven as a
holiday.
23-I5
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Any general government employee who works on a recog-
~ nized holiday as part of his regular work week shall be paid t
double time for that day which shall include his regular 7
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 ~
t8
Holidays which occur during vacation shall not be
charqed against such leave. .
3. Annual leave:
(a) accrual rate:
i. Regular full-time classified and exempt employees
Iess firefiqhters 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 throuqh 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 ~he same rate as a full-time employee
except on a proportional basis as to hours. •
ii. Firefighters-Fire Engineers--Based on a 55 hr.
O
week. '
o
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-5 through 10 years of service
30.8 hrs. per month-more than 10 years of service
~
iii. Communications Personnel: (Based on 42 hour . (
,Z,O ~
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 durinq the period of
time an employee is on paid leave except during periods of
terminal leave. Leave does not accrue durinq periods of
leave ioithout pay.
(d) Accrued and unused leave may be carried over from
one year to the next for the purpose of accumulatinq an
~
annual leave account or reserve. However, on December 31 of
23-1G
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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 hours for Communications.
(e} Annual leave may be used for any purpose desired
by the employee. Zncidental absences for sickness as un-
planned are not controllable. However, planned absences
must be coordinated with and approved by the appropziate
department head.
(f) It is expected that each employee shall plan at a
minimum 80 hours of annual leave per year for Genera2 Govern-
a2o2. r ment employees, 112 for Fire, 84 for Communications, and
effect apprapriate coordination with the Department head.
(g) Excess leave above the amount authorized for
accrual (Yaragraph iii d above) existing on December 31
shall automatically be paid at the then existinq rate for
the individual employee.
(h) Departrnent 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 me~t emergency situations.
(i) In the event of a significant illness or injury
not covered by Workman`s Compensation, an individual per-
0'~3 manent employee on exhausting annual leave may borro~a up to
a 6 month entitlement (i.e., 6 x 16 hours) to avoid a no-pay
status.
4. Terminal 2eave: Upon separation during initial
a,9. i probation tfirst 6 months for Police), accrued annual leave
shall not be granted nor paid to the employee. In other
separations, accrued leave shal be paid in a lump,.sum. The
salary or hourly rate to be used in computing the cash
payment shall be the rate which is being received by the
employee on the date of application for cash payment, or
when resignation/separation is signed by the employee.
5. Leave of absence without pay:
(a) Leave without pay may be granted to an employee .
upon recommendation of the department head and approval of
the City Manager for up to 18U days. Each request for snch
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 gay shall not be requested nor
granted until such time as a21 accrued annual leave has been
exhausted, except when an employee is absent and drawing
t~Torkman's Compensation Pay.
(b) If an employee uses more than 30 days total leave
withaut pay during his 2eave 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
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(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 accrua2.
(b) Military Leave: An emplayee who has successfully
completed the probationary period and who is a member of the
Natfonal Guard or a reserve component of the Armed Forces of
the United States or of the United States Public Health
Service shall be entitle@, upan applicatian, 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 reguZar
and mi.litary pay including COLA, but not including other
regular allowances) or other leave, and without impairment
of inerit 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 iE the em-
ployee does not return to his position immediately followinq
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 Manaqer. Permission shall be granted.
on the basis of an employee's particip~tion in or the direct
relationship of his work to the subject matter of the meeting.
t+lembers 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-
playee's work and conducted outside the employee's regular
working hours, provided that:
i. Funds for such expenditures are availab~le in
the current budget,
ii. The employee has made application for approval
o£ the course and tuition reimbursement to his depart-
ment head at least 10 days prior to the registration
for such course, and
fii. The empYoyee submits evidence of satisfactory
completion of the course, and
23-18
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iv. The employee is not receivinq reimbursement ~
for tuition from any other source.
(b) Courses which are only offered during regular
workirig hours raay 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, conf~rences 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. Tf the City purchases any of the
textboaks and publications for such courses, said textbooks .
and publications shall become the property of the City.
8. Retirement: All full-time employment employees are
required to participate in the State Public Employees Retire-
ment System. See PERS Handbook for details.
' 9. Retirement age: As authorized and required by
Public Employees Retirement System. .
10. Social security: The city shall match the employee's
_ contribution in the Social Security Plan.
lI. Industrial accidents: All emp2oyees shall be
covered under the State of Alaska Workmen's Compensation
program for industrial accidents and disease. Benefits ~;
include medical treatment and care as we1.l as disability ~
compensa tion during the periods of time lost from the job. ~
~ 12. Medical and hospital insurance: As provided by
a,(P ~ Group Policy G& G A836288A (Travelers Insurance Company) at '
no cost to the employee. Life, major medical, hospital- ~
~ . ization, dental and vision insurance are included as part of ~
Group Insurance. j
13. Maternity 2eave: Immediately preceding and folloco- j
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 extenuatinq circumstances, - f
I additional leave may be granted by the appointing authority.
1~ A i ia 's certificate shall be re uired to su ort the +
I phys c n 4 PP
additional leave request. Where a maternity leave of absence !
~ is taken in accordance with this section, the employee shall !
accumulate service credit darinq such paid leave of absence.
{ ~ ~ j
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2 3. 4 5. O 10 PERI'ORi~]11NCE EVALUATION : 1. Purpose : The ~
primary purpose of the employee performance evaluation `
i proqram 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 -~ !
i
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~ be considered in decisions affecting salary advancement,
promations, 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:
• (a2 End of probationary period: Each employee shall be
evaluated 30 days prior to the completion of his probationary
period. The es~ployee must have an overall evaluation of at
least "satisfactory" in order to become permanent.
(b) Annual: Each employee shall receive an annual
performance eval.uation 30 days prior to his anniversary
da~e.
(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:
(aj 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 officez: 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 zatinq
officer in evaluating the rating officer's performance.
4. Review of performance reports: The rating officer
shall discuss the perfarmance evaluation report with the
employee before the report is made part of the emp„~.oyee's
permanent record. If the rating officer plans to recommend
the denial of an in-grade salary increment or recommend an~
extraordinary increment, the report must be discussed with ~
the reviewing officer and the City Manager prior to revieco
with the employee.
5. Unsatisfactory evaluation: Employees who receive
an overall ratinq of "unsatisfactory" on their annual evalua-
tion shall not be eligible to receive an in-grac3e salary
increment. Employees wtio receive two consecutive overall
ratings of "unsatisfactory" shall be subject to dismissal.
6. Performance evaluation appeal procedure: Employees'
performance evaluation reports sha7.1 not be subject to the
standard grievance procedure. Em~layees.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 caith 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
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TY~e rating officer will then immediately fo rward the report
to the reviewing officer who will arrange t
o meet with the ~
employee within 5 working days after receiv ing the report.
The reviecaing o fficer 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 dissati.sfied
with the decision of the reviewing officer, he may within 5
working days of receipt of the decision appeal his performance
evaluation repo rt, in writing, to the City Manager. Tha
City Manager shall within 5 working days meet and discuss
the report with the employee. The City Manager will, in
~ writing, make a decision within 10 working days from the
date of their meeting. Th8 decision of the City Manager
will be final. ~
23.50.010 CLASSIFICATION PLAN
CLASS CODE CLASS TITLE RANGE ~
I
101 City Manager . NG ~
102 City Attorney NG
103 City Clerk NG i '
104 Finance Director* 24 ~
~
105 Public Works Director* 22 ~
,
• 106 Police Chief* 22 --
107 Fire Chief* 22
108 Senior Accountant 19
109 Assistant Engineer 17
110 Code Enforcement Officer 17
. 111 Airport Operations Manager 17 ~,
ADMINISTRATZVE SUPPORT . .
201 Department Assistant I 3
2p2 Department Assistant II 7 ,
203 Administrative Assistant 8 ~
204 Accounting Technician I 10~ ~
205 Accounting Technician II 11 +
206 Accountant 16 i
PUSLIC SAF~TY ~ ;
~
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301 Assistant FirQ Chief 18 ;
302 Fire Fighter 13
303 Police Lieutenant 18 ~
304 ~ Police Sergeant 16 ~
305 Police Officer ~4 ~
~
306 Dispatcher ~ !
307 Fire Engineer 15 _~
308 Correctional Officer I 11
309 Correctional Officer II 14 / ~
310 Fire Captain 16 ~
311 Fire Marshall 16 ;
. 23-21 ~
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PUBLIC WORKS
401 Building Inspector 15
~ 402 Shop Foreman 15
403 . Maintenance Supervisor 15
~
~ 404 Treatment Plant Operator 13
405 Water & Sewer Operator I 12
i
406 ,
Mechanic Helper 12
407 Maintenance Worker I 11
~ 408 Mechanic 14
409 Mai.ntenance Worker II 12
410 Water & Sewer Operator II 13
SOCIAL SERVICES
501 Librarian* 14
502 Sr. Citizen Coordinator 8
503 Parks & Recreation Director* 16
504 Animal Control Officer 10
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*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 anriive~-
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 SB to CC is 2 years.
3. Qualification pay: In recognition of professionaJ.
development, personal time and effort of the individual to
achieve same, the following annual recognition entitlement
is authorixed, payable on a pro rata monthly basis.
This recognition entitlement is not considered when
calculatinq hourly rates for overtime, double-~ime, annual
leave or holiday pay.
(a) Police Department: Certification in accordance
with State of Alaska Certification Standards.
Police Officer
Intermediate Certification S720/year
Advanced Certification $1,440/year
23-22
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Police Sergeant
, Intermediate Certification $720/year
, Advanced Certification $1,440/year
~ Police Lieutenant ~
~7 ~ Advanced Certification $720/year
. ,
-~- (b) Fire Department:
, i. Recoqnition entitlements for an associate
degree in fire scfence is $480 per year. Eligible
grades are firefighter, engineer, lieutenant and
,_ captain. ,
ii. Recognitfon entitlements.for EMT certification
for eligible grades of fi.refighter, engineer and lieuten-
-. ant are as follows:
EMT I Instructor $ 60/year
EMT II $120/year
_ EMT III $300/year
c. Water and sewer utility: recognition entitlements
for water and sewer certification are:
W & S II 5180/year
,. W & S III $300/year
..
. 4. Uniform allowance:
(a.) TY,e following annual allowances are established
to defer the cost of uniform cleaning, maintenance and
__ replacement for secand and succeding years of service:
,28 ~ Jail $150; Police $250; Fire $200; Annimal Control $250
Payment shall be made based on pro-rata service and
paid in July lst and January lst installments.
~ ' (b) On hiring, the respective department head shall
:.~~ issue from stock or purchase from appropriate funds a basic
~ ~ uniform and equipment issue. ,
' (c) Department of Public Works, Water & Sewer and ~
;".,~i Animal Control personnel shall be authorized by purchase
.~...;~ from appropriated funds, safety shoes, hard hats and other
_ ;i OSHA required items. Laundry service will also be provided
;''~ for those c2othing items furnished.
y.~;r~"'; 5. Hour2y rates-part-time employees:
_ ~ . I' PT-1 $3. 40/hour
.~
~.{_.;~. PT-2 $3.65/hour
' -' PT-3
'~ .' 53.90/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
---=-r°~ on a stand-by status for a Saturduy, 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
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~ CLASSIFIED SALARY TABLE
.
RAMGE
A . .
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F
AA .
BB
CC
3 12.847 ' 13,1G8 13,489 13,810 14,131 14,452 7,4,773 ' 15,094 15,415
' 7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 28,357 18,748
8 16,406 16,816 17,226 17,636 18,046 18,456 18,866 19,276 I9,6 86
-- 9 17,221 17,652 18,083 18,514 18,945 19,376 19,8Q7 20,238 2Q,669
10 18,078 18,530 18,982 19.434 19,886 - ~ 20,338 20,790 21,242 2 1,694
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 23,9 20
_ ~
~ ~ 20,922 21,445 21,968 22,491 23,014 23,537 24,060 24,583 2 5,106
~. ; i4 21,980 22,530 23,080 23.630 24,150 24~730 25,230
~ ~ 25,830 26,380
__=-y-'-
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15
23,080
23.657
24,234
24,811
25,333
25,965
2b,542
27,119 .
27,696
_• ) 16 24,223 24,829 25,435 26,041 26,G47 27,253 27,859 28,4b5 2g,p71 I
I
__ ~ 17 25,438 26,074 26~710 27,346 27,952 28,613
. ,,,
29,254 ~ 29,890 30,526
:
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26,709
27,377
28,045
28,713 ,
29,381 .
30~0~-9
30,7 U
31,335
3 2,0 53
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.. , 19 28,038 28,739 29,b40 30,141 30,342 31,543 32,244 32,945 33,646 ~
U
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) 20 29,h54 30,190 30.92G 31,6G2 32,398 33.134 33,870 34,G06 3 5,3 42
~~
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22
32,~i55
33,266
34,077
34,333
35,G99
3G,510
37,321
35,132 .
38,943
"' ',' -
2k
35,833
3G,729
37,625
38,5?1.
39,~i17
40,313
41,209
42,1b5
43,001
.
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, 1lourly rates are det.:r:ained by divicIin+~ an:iunl salary b}• nur.ihcr oE h~~urs in t:or~: }car.
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' 23.60.010 DEFINITIONS: As used in this ordinance the
following terms shall have the meanings indicated:
' 1. Aepartment: A major functiona2 unit of the City
government established by the City Council.
2. Department Head: A person directly responsible to
the City Manager for the administration of a department.
Whereve~ under the provisions of this chapter, approval of
a department head is required, if the person requesting
approval is a c~epartment 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 riqhts for the purpose of attempting to qain an
adjustment of said cause of dissatisfaction.
6. Permanent Part-time Employee: An emgloyee who is
employed regularly for less than the normal number of working
hours, but who normally follows a pre-determined, fixed
pattern of working hours. ~
7. Permanent Employee: An employee who has been
retained in his appointed position after the completion of
his probationary period.
8. Probationary Employee: An employee who has not yet
completed his probationary period.
9. Probationary Period: A working test period during
which an employee is required to demonstrate his fitness for
the duties to which he is appointed by actual performance of
the duties of the position.
10. Public Safety Employee: A person employed in the
Police, Fire or Communications departments.
11. Supervisor: Any person who 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 peziod not to esceed 6 months. (Ords
336, 336(a), 364, 385, 414, 440, 958, 482, 503 & 513)
23-25
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FIftST SUF3STITUTF. ' ~~
CITY OF KENAI •
ORDINANCE NO. 537-79 . J
~ ~ .~
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AN ORDINANCE QF 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. f•
WHEREAS, the City of Kenai has recently updated its Code in
the 1979 Kenai Code, and
WHEREAS, certain changes to the Personnel Regulations have ~J
been requested by the City Administration, and 1
trtIiEREAS, 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
Baard (1.60.OS0, 060, O70 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, SE IT ORDAINED BY THE COUNCZL OF THE CZTY OF
IiENAI, ALASKA as follows:
Section 1: Sections 1.60.040, 050, 060, 070, and 080
of the 1979 Kenai Code are hereby repealed in their entirety.
, ;~
',~ Section 2: There is hereby adopted Title 23, Personnel
Regulations, in the form as attached hereto and made a part
hereo£.
~ PASSED BY THE COITNCIL OF TIiE CITY OF I{ENAI, ALASKA this ^
- 19th day of December, 1979. ~
-+ ! y '. . .
, s ~y -=
~;.; VINCENT O'REILLY, MAXOR
F
I ° I ~ ATTEST :
~% < Fl Sanet t~ihelan, City Clerk '
,. ( First Reading: November ?, 29~9
'~, ~ Second Reading: November 21, 1979
---" Third Readinq: becember 5, 19T9
~-~ ~ Fourth Reading: December 19, 1979
~_-,_;: ~~ Fifth Readin~: January 16, 1980
~ ,~ ~~ F.ffective Date: FebruAryl6, 1980
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' ~ Title 23
PERSONNEL REGULATIONS
Table of Contents
CHAPTER 5 - General ~ ..
_
1. Empl'ayment-Qualifications and Fitness
2. Incentives and Conditions
t. 3. Uniformity of Classification and Compensation
`, 4. Appointments .
5. Morale
~;- 6. Tenure
CHAPTER 10 - CATEGORIES OF SERVICE
l. General
~ 2. Exempt Service .
3. Classified Service
CHAPTER ].5 - ADMINISTRATION
CHAPTER 20 - CLASSIFICATION '
1. Initial Classification
. 2. Review of Classification Plan
3. Adjustirtents 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 AhD PROCEDURES
l. Cenera 1 •
Z. Appaintment ~
3. Probationary Perioc3
• 4. Merit/Growth/Evaluation
5. Hours of Work
6. Attendance
7. Personnel Records
8. Transfers
,. . . . . 23-1
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9.
Layoffs
i ~ 10. Outside Employment
t 11. Travel Expenses
, ll. Moring Expenses-New Employees .
13. In-Service Training
14. Relatives in City Service
CHAPTEF. 35 - GEPJER~IL CQNDUCT
1. Appearance ~
2. Causes for Warning, Suspension or Uismissa2
3. Disciplinary Actions
4. Grievance Procedures .
~ 5. Resignation
- 6. Reemployment
7. Cost Consciousness
8. Safety '
,-.- ~- ; 9. Legal Liability
CFiAPTER 40 - BENEFITS
~ 1. General •
2. Holidays
3. Annua2 Leave
~ 4. Terminal Leave
5. Leave of Absence without Pay ~ .
E. Leave of Absence with Pay
O 7. Education
_.. 8. Educational Opportunities
9. Retirement Age ~
10. Social Security
.., 11. Industrial Accidents
.°. 12. Medical and Hospital Insurance
13. Maternity Leave
~ n, ~ CHAPTER 45 - PERFORI4ANCE EVALUATZON
: • ` • '
~ 1. Purpose
' '-`:. ~
~t 2. Periods af Evaluation
. ~: 3. Performance Evaluations
,
w,~. ! 4. Review of Pe~formance Report
: ;~ ; 5. Unsatisfactory Evaluation
1; 6. Appeal Procedure ~
: -~ ~
~ ~-' ~ CHAPTER 50 - CLASSIFICATZO:J PL1~N '
~~~ ~' ' CHAPTER 55 - PAY PLAN
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1.
Exempt Salaries
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. 2. Salary Structure-By Grade
l 3. Uniform Rllowance
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CHAPTER
60 - DEFZ:IITIONS
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23.05.010 GENERI~*. PRJVIS20NS: It i~ hereby declared,
personnel policy of the City of Kenai, that: .
~
1. Employment-Qualifications and Fitness: Employment
in Ci~y Government shall be based on qualification and
fitness, free of personal and political cor.siderations, with
equal opportunity for all with no restrictions as to race,
color, creed, religiaus affiliatians or sex. :'
2. Incentives and Conditions: Just and equitable
incentives and••conditions of employment shall be establ:shed
and maintained to promote efficiency and economy in the
operations of the City government.
3. Uniformity of Classificati~n and Comp2nsaticn:
Positions having similar duties and responsibilities shall
be classified and compensated on a uniform ba3is.
4. Appointment: Appointments, pr~motioas and other
actions requiring the application of the inerit principal '
shall be based on systematic evaluation, designed for the
position to be filled.
5. Morale: Iiigh moraZe 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, sati.sfactory performance
of work, necessitl for the performance of wark and the
availahility of funds.
. ~
23.10.010 CATEGORIES OF SERVICE: 1. General: All y
offices and positions of the City are divided into classified
• service and exempt service. All the pzovisions of this '
chapter sha].1 angly t~ ~osi*_ior_s ir. the classified service. ~
The provisions of this chapter shall a~ply to gositions in .
the exempt service as indicated in 2 below. ~
2. Exempt Service: The exempt service shall include ~ p
the following:
(a) Mayor - Only the followinq provisions shall apply K
to the Mayor: Sec. 30.010, 11(b) and 11 (d) and Sec. 40.010,
10 and 11. ~
(b) Other elected officials and memb2rs of boar3s or
commissions. On2y the following provisions shall apply to ~
such off icials: Sec. 30.010, 11(b) and 11(d). ~
'
(c) The following Council appointed administrative ~
offices: ;
i. City Manager. The City Manager shall perform i
all those duties mandated for his position by the °
provisions of this chapter and shall be bound or re- g
ce~ve the benefits of the following sections insofar as ~
they are applicable: Sec. 25.010, paragraphs 5 and °
6(d); Sec. 30.010, paragraph 11(b)(c)(d); Sec. 40.010, ~
paragraphs 2, 3, 4, 8, 10, 11, 12 and 13. i
ii. City Clerk. On2y those provisions specifically ~
enumerated under "i" above shall apply to the City
Clerk. ;
23-3
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- iii. City Attorney. Only those provisions specif-
~ icall.y enumerated under "i" above shall apply to the
City Attorney.
; id) Volunteer personnel and personnel appoi.nted 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 involvinq 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 i.mmediate2y
preceding the effective date of this ordinance excegt
~ - f~r 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 substitnted in the
above far the stated 6 month period.
~
23.15.010 ADMINISTRATION: The personnel program .
established by this ordinance shall be administered by the .
City Manaqer. He shall administer all provisions of this
ordinance and of the personnel rules. He shal]. 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 degartment of
the City is encouraged to establish departmental rules,
regulations and procedures subject to the approval of the
City rianager. Such rules, regulations and procedures sh~ll
be in harmony with the general rules of the City rianager and
provisions of this ordinance, and shall be binding on the
employees.
23.20.010 CL~'~SSIFICATION: 1. Initial Classification:
The ~~ity hianager shall make analysis of the duties and res-
23-4
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ponsibilities of all positions in the classified service and
shall recommend to the Cosncil a job classification plan.
Each position in the classified service sttall be assigned to
a job class on the basis of the kind and leve2 of its duties
and responsibilities, to th~ e::d that all gositians in the
same class shall be sufficiently alike to make use of a,,
single descriptive title, the same qualification require-
n.en~s, the same test of competence and the same pay scale.
A job class may contain one position or more than one position.
The ~ouncil shall ad~pt a classification plan by ordinance.
2. Revisions to Classification Plan: The initial
classification plaa shall be revised from time to time as
changing positians require it, with the recom.mendation of
the City Managzr and ~r~e approval of the City Council. Such
re~isions may consist of addition, abolishment, conso~idiation,
division or amendment of the e:{istin~ classes.
3. Adjustments to Organization: Whenever a change in
the arqanizat~.on af the City xdministration is brougrt a23out
by chanqes in the classification system outlined above, the
City Manager sha21 submit to the Council a chart or tahle of
organization of the administration, indicating the new
structure and reporting relationship.
23.25.OI0 COMPENSATION: 1. Pay Plan-Development:
The City Manager, in consultation with the Finance Director,
shall prepare a pay plzn and rules for its administration.
The rate and range where each class shall be such as to
reflect fairly the differences in duties and respansibilities
and shall be related to compensa~ion for comparable pcsitions
in other places of public e~ploym~nt. The objective of the
pay plan shall be to prcvide an appropriate salary structure
to recruit and retain an adeqLate supply of competent employees.
2. Pay Plan and Adoption: The City Manager shall .
submit the pay plan and rules for its administration to the~
City Council for adoption. Before the pay plan and the
rules for its adminis~ra~ion aze adoptad b~ th~ Council, the
City Manager sl:all assiqn each jcb class to one of the p~y
ranges provided in ~he ~ay plan. The Council ~hall adopt a
plan and rules by ordinznc~. ~ -
3. Pay P].an Amendment: The pay plan may be amended by
the City Council f~om time to time as circumstances require,
either by adjustment of rates or by reassignment of joh
classes to different pay ranges. All modifications sha22
apply uniformly to all positions in the same class.
4. Appointee Compensation: (a) Upon initial appoint-
ment to a position, the emplayee sha12 receive the minimum
salary for the class to which the position is allocated.
(b) However, in the cases when unusual difficulty in
fillin~ the vacancy is experienced, or hher. the appointee is
~
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exceptionally quali~ied, the City :San:ger may cause ~he ~
23-5
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appointment to be made at a salary level above the minimum,
~ but not more than Level D for the same class.
5. Pay Day: (a) Normally, employees shall be paid on
the 15th and last day of each month. If the pay date falls
- on a Saturday, Sunday or a holiday, employees shall be paid
on the last working day preceding the pay date.
'" {b) The mid-month pay shall be a pro rata draw or a
. share of net entitlements foz the monthly period, or period
employed if a new employee.
(c) Overtime payment, see paragraph 6.
° 6. Overtime: (a) IIepartment heads and supervisors
shall assign to each employee reqular work duties and res-
ponsibilities which can normally be accomplished within the
established work day and work week. ~
~ (b) When employees are required to work overtime,
department heads shall authorize compensatory time off or
.
overtime pay. Determination to grant cash or compensatory
~ time off shall rest with the department head, City Manager
-- or acting department heads, who shall give due consideration
to desires of the employee, to budgetary controls and to the
provisions of Sec. 25.010, 6(c) of this ordinance. Rates
for overtime shall be:
General Government Regular Workday x 1 1/2
.
Saturday x 1 1/2
Holiday (Scheduled Workday) x 2
A
~ ~ which includes regular pay
Holiday (Not Scheduled Workday) ~
x 2 1/2 which does not inc2ude
. regular pay
Holiday (Hours beyond 8) x 2
Sunday (Not Scheduled Workday) x 2
Hosaever, 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 -
;. I) Holiday (NOt Scheduled Workday)X ~
~
' r~ 2 1/2 which excludes holiday pay
: paid annually (Sec. 40.010-2)
,,;" ,
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' Ho 1 iday ( Hours beyond 8) x 2
~
~,. Sunday (Not Scheduled) x 2
4- However, Public Safety employees must be in a paid
t. status for their normal work caeek before overtime may be
t ;~ ~ paid:
~~' ~~ Police 40 haurs ~ 3
-.. . Fire 56 hours
Communications 42 hours
- _
;. ) ~
i Jail 42 hours
23-6
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(c) Compensatary time accumulation shall not exceed 8•~
hours. Once this maximum accumulation has been reached, all ~
. overtime compensation earned by the employee shall auto-
matically be paid in cash.
' (d) For some positions, overtime is considered part of
j the job responsibility and, therefore, does not justify
) overtime pay. Cash compensation for overtime shall not be
granted to the followinq position: - Department Heads or~
4 I exempt personnel to which this pravision applies. In lieu
I of payment, time off is'authorized with a maximum accumula-
~ ~ tion of 8 hours. ,
(e) The Finance Department shall ask employees to
~ . submit monthly time sheets on a date near enough to the end
~ of the month to allow for processing of pay checks by the _
last pay day of the month as explained in paragraph 5(a) of
this section. Overtime appearing on such time sheets shall .
~ be paid on the last pay day of the month. Overtime worked '
between the submissian.of time sheets and the end of the
month shall be entered on the fo2lowing month's time sheet
and paid on the last pay day of that month.
7. Acting Positions: Compensation during temporary
assignment-an employee who is temporarily assigned to a '
position with a higher pay range for a period of 10 days or
more shall be paid at the first step of the higher pay ranqe
or, he shall be granted a one step pay increase, whichever
' is higher, for the period worked in the temporary assign- ,
ment. An employee who fs temporarily assiqned 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 pzomoted from one
. class to another having a hiqher pay range, he shall receive
an increase of not less than one pay step. If the employee's
current rate of pay is belo~a the minimum for the higher
class, his pay shall be increased to the minimum rate of the
higher c].ass. If the employee's current rate of pay falls
within the range of the higher class, his pay shall be '
adjusted to the next higher pay step in the range for the ,
higher class, which is at least equal to one increment above '
his current pay rate. ;
~ I
23.30.010 PERSONNEL POLICIES AND PROCEDUR~S: 1. ~
General: ~
(a) Recruitment and appointing authority shall be ~
vested in the City Pianager. ~
(b) Applicants must be United States citizens in order
to be emp..oyed by the City. j
(c) Applicants for positions in the City service need
not reside within the City limits. Departmenta], Rules ~shall ~
establish response times required by that department.
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i (d) Minimum age for City employment shall be in
~- ~ accordance with State of Alaska laws.
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(e) Employment of qualified, handicapped persons shall
_ be encouraged. ~
(f) Employment rights for veterans shall be in ac- ~
cordance with applicable State and Federal laws.
(g) Applicants must possess an appropriate valid
Alaska State Driver's License, should employment requi.re"
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 inerit, efficiency and fit-
ness.. These qualities shall be determined through careful '
and impartial evaluation of the following:
(a) The applicant's level of training relative to the
requirements of the position for which applied.
(b) The applicant's physical fitness relative to the
requirements of the position for which applied. ~ ~
(c) The results of an oral interview, and
(d) Whenever practical, the results of a competitive
written examination or demonstration test, which shall be a
~~ fair and valid test of the abilities and aptitudes of ap-
plicants for the duties to be performed. ~
, ~ No question in any test or in any application form or
by any appointing authority shall be so framed as to attempt
to elicit information concerning race, color, ancestry, sex,
- national oriqin, or political or religious affiliation for
, the purposes of discriminating. '
` ; All statements submitted on the employment application
", i or attached resume shall be subject to investigation and
verification.
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If required by the department, applicants shall be
~ fingerprinted prior to appointment.
' Any job applicant or employee may be required to take a
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' I physical examination. In cases where a physical examination _
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_ ~ is deemed advisable, the City shall pay the cost of the
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~ 3. Probationary Period: All. oriqinal appointments ~ Jf'"
„;.? including those that result from transfers shall be tent-
< ative and subject to a probationary period of not less than
, ~ 6
6 months consecutive service, except for Police and Fire,
~ which shall be normally 12 months, subject to meeting
~- criteria for certifica~ion which may be accomplished fol-
lowing 6 months of service. Promotional appointment
probationary period shall, for all personnel; be not less
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'~. ~ than 6 months.
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In cases where the responsibilities of a position are
such that a longer period is necessary to demonstrate an
employee's qualific~tions, the probationary period may be
extended; however, no probationary period shall be extended
beyond 12 months or 18 months for police and fire. The
employee shall be notified in writing of any extension and
the reasons therefore. ,
During the first 6 months of original probationary~~
period, a new employee (including police and fire) shall not.
be eligible for vacation benefits, but he shall earn vacation
credit from the first day of employment.
Upon completion of the probationary period, the em-
ployee shall be considered as having satisfactorily dem-
onstrated qual.ifications for the position, shall gain
regular status, one step in pay raise, and shall be sa
informed through his supervisor. For emplayees who have not
gained regular status by July 1, 1977, the date that oriqinal
probation ends shall be the employee's anniversary date.
For employees who have gained regular status by July 1,
1977, July 1 shall be the employee's anni.versary date, until
promotion or transfer.
During the probationary period, a new hire may be
terminated at any time without appeal.
Zn the case of promotional appointments, the pramoted
employee may be demoted at any time durinq the probationary
pericd 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) Evaluatians shall be
required annually of all classified employees. Supervisors
shall indicate thereon his recommendation as to whether or
not the employee has merited a growth pay raise in accord-
ance with the City Pay Plan, Sec. 23.55.010.
(b) Approval of increment merit pay raises are vested
in the City Manager. ~
5. Hours of Work: (a) The hours during which City '
offices and departments shall normally be open for business
shall be 8:00 a.m. to 5:00 p.m., DPt~i - 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 au~horized by the City Manager.
(b) Public Safety employees, not including administra-
tors, normal work week is: ~
i. Police-4 shifts of 10 hours per week, 2080
hours annually. When caorking this shift, lst and 3rd
days off shall be treated as Saturdays and ~he middle
day off (the 2nd day) shall be treated as a Sunday for
purposes of paying overtime;
ii. Fire-24 hours on, 24 hours oif far 6 day
cycle, then 3 days off/equivalent of 56 hours per week,
2912 hours aanually;
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iii. Communications and 3aiI-12 hours on, for 3
~ day~; off for 3 days/equivalent of 42 hours per week,
2184 hours annually.
(c) Sewer Treatment Plant employees work a 40 hour
week on a shift basis that allows at least one employee to
be at the plant on a given day. When scheduled days off are
two consecutive calendar days, the first day off shall be
treated as a Saturday and the second day off shall be treated
as a Sunday for purposes of payinq ove.rtime.
(d) All other employees' narmal 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 emp2oyee shall nat 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 repert to work, shall make a sincere effort
to notify his ~upervisor of his reason for beinq absent. If
the absence continues beyond the first day, the employee
shall notify the supervisor on a daily basis unless other
arrangements have been made with the supervisor.
~ Departments shall maintain records of employees' at-
tendance.
Any unauthorized absence of any employee from duty
shall be deemed to be an absence wi~hout pay and may be
cause for disciplinary action.
7. Personnel Records: The City Aianager shall cause a~
service or personnel record to be maintained for each
employee in the service of the City of Kenai.
The personnel record shal.l 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-
fidentia2 and shall be accessible only to the following:
• (a) the employee concerned,
(b) selected City officials authorized by the City
Manaqer.
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 ane department to another shall be made in writinq and
shall be directed to the employee's present departr.ient head
~ and referred to the appropriate department head and the
~
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appointing power. Such zequests shall be given considera-
tion when a suitable vacancy occurs; however, no employee
shall be transferred to a position for which he does not
possess the minimum qualifications.
9. Layoff: If there are changes of duties in the
organi2ation, lack of work or lack of funds, the appointing
authority may lay off employees; however, the appointinq.,
authority shall first make every reasonable effort to -
integrate those employees into another department by trans-
fer. When laybffs are'required, the appointinq authority
shall base the decision on relative merit, and shall give
due consideration to seniority in the City service only
where the employee's qualifications and ability are relativ-
ely equa2. .
10. Outside Employment: No full-time employee shall
accept outside employment, whether part-time, temporary or
permanent that could reasonabl~ interfere, conflict ar
ref2ect~on the City. It is the individual employee's res-
pansibility to insure comp2iance with this section. Can-
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 m!~~6 of travel
from the department head.
(b) Travel on official business outside the Ctty by a
single individual shall be via public carrier or ci~ty-owned
vehicle whenevez practical. If, for extenuating circum-
stances, the employee is authorized to use a private vehicle,
tota2 mileaqe shall be paid at the rate of $.20 first 100
j.[~. ~ miles, $.15 next 100 miles, and $.10 thereafter. This rate
includes all travel, insurance and storage expenses of the
vehicle.
(c), Those employees who habitually use their privately
owned vehicle for City business shall be reimbursed S20 per
month, subject to authorization by the City Manager.
(d) The authorixed per diem rates are $20 per day plus
lodging expenses. Part days will be reimbursed for actual
costs incurred. Claims for lodging expenses wi21 be supported
by receipts.
12. Movinq Expense for New Employees: Whenever a pro-
fessional or technically trained person changes his place of
residence more than 50 miles, for the purpose of accepting
employment caith ~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 l~ianagez certifies that such ex-
penditure is necessary to recruit qualified employees and
funded by the Council.
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(b) The maximum reimbursable shall be subject to
~ negotiation at the time of an offer of acceptance of ap-
pointment.
(c) To be eligible for the total allowance for an
employee who is the head of a household, his dependents must
accompany him or join him within one year of the date of his
appointment.
(d) New employees who are assisted with theiz moving
expenses shall be required to sign a Transportation Agree-
. ment prior to.employment. The Transportation Agreement
stfpulates that the employee will reimburse the City for all
or part of such expenditures in the event of voluntarily
leavinq City service within a period of 2 years according to
the following schedule:
1000 - Less than 6 months
~ '75~ - 5 months but less than 12 months
50~ - 12 months but less than 18 months
25~ - 18 months but less than 24 months
0~ - 2 years and over
New employees may not be given an advance against
moving expenses without prior written approval of the City
Manager.
13. In-Service Training: The City Manager shall en-
courage train~ing 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 .
~ traininq programs designed to meet i.mmediate City-wide
personnel needs and to prepare employees for promotion to
positions of qreater responsibility.
Training sessions may be conducted during reqular
workinq hours at ~he discretion of department heads.
14. Relatives in City Sezvice: Two members of an
immediate family (spouse, children, brother, sister or
parents) shall not be employed under the same supervisor.
Neither shall two members of an immediate family be employed
at the same time regardless of the administrative depart-~
ment, if such employment will result in an employee super-
visinq 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 cons~rued as such.
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23.35.010 GENERAL CONDUCT, DISCZPLINE, TERtitINATION
AvD APPEAL: 1. Personal Appearance and Conduct: Public
relatians 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
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for an employee in public service. Departmental zegu2ations
tnay impose reasonable specific standards of dress and ap- ~
pearance.
Employees shal2 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 Aismissal: When
an employee's conduct falls below desirable standards, he ~
may be subject to disciplinary action.
General raasons for which an employee may be disciplined
include:
(a) Drinking intoxicating beverages or use of non-
prescription depressant, stimulant hallucinogenic or nar-
cotic drugs on the job or arriving on the job under the ~
influence of intoxicating beverages or such drugs.
(b) Violation of a lawful duty; ,
(ca insubordination;
(d) Breach of discipline;
(e) Being absent from work without first notifying and
securing permission fram the employee's supervisors; '
(f) Beinq habitually absent or tardy for any reason;
(g) Misconduct;
(h) Convfction of a felony or a misdemeanor involving
moral turpitude;
(f) Using religious, political or fraternal influence;
(j) Accepting fees, gifts, or other valuable things in
the performance of the employee's official duties for the
City;
(k) Inability to perform the assigned job; ~
(1) Political activity as zestricted by the Charter.
3. Forms of Disciplinary Action: Disciplinary action :
ranges from oral or written reprimands to suspension, ~
demotion and ffnally dismissal from the City service, and ;
depends on the severity of the offense as well as the number
and the frequency of previous acts of misconduct. !
It shall be the duty of all City employees to comply !
with and to assist in carrying into effect the provisions of ;
the City's personnel rules and regulations. No employee ,
shall be disciplines except for violation of established ..
rules and regulations, and such discipline shall be in ac-
cordance with procedures established by the personnel rules '
and requlations. ~ ;
Every department head shall discuss impzoper 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 increasinqly ~
proqressive severity whenever possihle. ;;
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 qiven to the emp2oyee at the time such action is taken. -
A copy of the notice signed by the employee shall be placed a
in the employee's personnel file and shall serve as prima ~ ~
facie evidence of delivery. ~
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All perman~~:.~ employees shall have the right to appeal
~ disciplinary action taY.en against them within 5 working days
after the effective date of disciplinary action. Appeals
shall be taade as grievances in accordance with the provisions
set forth below.
. 4. Grievance Procedure: The City shall promptly consider
and equitably adjust employee grievances relatinq 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 qroup of
employees shall orally present the grfevance to the im-•
mediate sugervisor within 5 working days of the occurrence,
not including the date of presentation.
(b) Step 2- If the qrievance 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 ~f employees an8 shail be presented to the
department head within 5 working days after the supervisor's
oral reply is qiven, 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 Manaqer within 7 workin
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department head's response is given, not including the day
that the response is given. The City Manager shall meet
wfth the aqgrieved employee or group of employees, the
immediate supervisor and the departmen~ head. The City
Manager shall reply to the grievance in writing within 7
workinq days of the date of presentation of the writ~en
qrievance. The decision of the City Manager shall be final
and binding on the employee or group of employees. .'
If the grievance procedures are not initfated withfn ~
the time limits established by this section, the grievance
shall be consfdered not to have existed.
Any qrievance not taken to the next step of the qzie-
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 presczibed for such action by this
seetion, sueh grievance sha12 automatically advance to the
next step. Zf the City fails to meet or answer any grie- ~
vance on the last step of the grievance procedure crithin the
time limits pr.escribed for such action by this section, it ~
shall be deemed that the City has considered the grievance
to be in favor of ~he grievant and shall resolve the matter
accordingly.
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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
~o involved. Likec~ise, any step in thc grievance procedure
may be eliminated by mutual consent. Mutual consent shall
~ he indicated in writing and shall be signed by all parties
involved. No employee shall be disciplined or discriminated
against in any way ~ecause of the employee's proper use of
the grievance Arocedure.
5. Resignation: To resign in good standing, an employee
shall give the appointing authority not less than 10 working
days prior notice of such resignation unless the appointing
authority agreed to permit a shorter period of notice be-
. cause of extenuating circumstances. The notice of resigna-
tion shall be in writing and shall contain the reasons for
leaving the City service. •
. Failure to comply with thi.s section shall be entered in
~ the employee's service record and may be cause for denying
future employment with the City. '
6. Reemployment: Permanent and probationary employees
with a satisfactory record of service who resign their
positions (in accordance with the provisions of this or-
dinance for resignation from the City service) may, on their
written request, wfthdraw such resignation within one year
from the effective date thereof and be considered on a
preferential basis for reemployment in the same or compar-
able classffication to ane resigned from.
The preferential eliqibility of all candidates for re-
employment shall expire 2 years from the date on which they
become entitled to the reemployment rights.
~~ ~ No benefits toward seniority or leave accrua2 shall
accrue due to prior periods of service.
7. Cost Consciousness: City employees shall practice
every economy possible in the discharqe of their duties.
Employees are encouraged to recommend to their super-
visars 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
±o but not 2i.mited to OSHA requirements. Such program shall
inr,lude 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 empZoyee
shall contact his supervisor immediately and the supervisor
shall complete an accident form. In case of a motor vehicle
aceident, the Police Department shall also be notified
immediately.
The City Manaqer shall be notified of all accide4--ts in-
volvinq 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 regu2ations which qovern the performance of their duties,
and shall perform their duties as reasonable, prudent persons.
23-15
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Defense of l~qal claims against an employee relatinq to an
official status with the City, sha21 be the responsibility ~
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If an employee is grossly negligent in the performance
of duties and responsibilities and if an accident results • j
from such negligent performance of duties and responsibil- ~
ities or if a court of law finds that the employee wilfuily
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 followi.ng benefits,
except for Med~cal and Hospital insurance which sha].1 be ~
available to employees working no less than 25 hours per / ,
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week, as specified in this arti.cle. J
. 2. Holidays: All regular employees of the City shall ~_ _:- ~
be entitled to the holidays listed below with pay. Full
time employees shall receive regular compensation; part-time
employees shall be compensated in proportion to the number • ~
of hours they are normally scheduled to work. ~
~ (a) New Year's Day ~ ~
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. ~ (b) Washington's Birthday • ~
. (c) Memorial Day
/'~ (d) Independence Day ~ • ~ ~
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~.~ (e) Labor Day ~ _, ,
(f) Alaska Day , ~ ,"
(g) Veterans Day ~ ~
(h) Thanksgiving Day
(i) Day af ter 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
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~ haliday. . ~ ~
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Public safety employees shall receive pro rata an
annual paymen~ each December for appropriate holidays as ~
follocos :
Firefiqhters (56 hour week), 11.2 hours pay per holiday ~
Police (40 hour week), 8 hours pay per holiday
Jail and Dispatchers (42 hour week), 8.4 hours pay l 1$ ~
per holiday ~
. Iiolidays 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, cor,ununications, and jail I ~q '
~ personnel: ~ '
~
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~ 16 hrs. p~er month-first 2 years of service
4 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
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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.
i . ' ~
~ ii. Firefiynt~rs-Fire Engineers--Based on a 56
hour week)
22.4 hrs. per month-first 2 years of service
I 25.2 hrs. per month-3 thru 5 years of service
i 28.0 hrs. per month-6 thru 10 years of service
~ 30.8 hrs. per month-more than 10 years of service
Z,(~ ' iii. ~Communications and Jail Personnel: (Based on
42 hour week)
16.8 hrs. per month-first 2 years of service
18.9 hrs. per month-3 thru 5 years of service
21.0 hrs. per month-6 thru 10 years of service
23.1 hrs. per month-more than 10 years of service
(b) Annual leave is charged on an hour for hour basis;
i.e., normal work day of 8 hours would be charged at 8 hour
O annual leave, 12 hour work day-12 hours annual leave, 10
hours wark day-10 hours annual leave, 24 hour work day-24 ~J
hours annual leave. ~-~
(c) Leave continues to accrue durinq the per~od o€
time an employee is on paid leave except durinq periods of
terminal leave. Leave does not accrue during periods of
leave without pay.
(d) Accrued and unused lPave may be carried aver ~r~~
one year to the next for the purpose of accumulatinq an
annual leave account or reserve. However, on December 31 of
any year, an employee may not have more leave to his/her ~
czedit than the total of 80 haurs times the number of years
of Gity service to the nearest quarter, 112 hours for Fire,
,'Z` t 84 hours for Communications a:,~ Jail. The maximum leave
. hours that may be accrued is 640 hours for regular classified
and exempt. 896 hours for Fire and 672 hours for Communications
and Jail.
(e) Annual leave may be used for any purpose desired
by the employee. Incidental absences for sickness as un=
planned are not controllable. However, planned absences
• must be coordinated wi~h and approved by the appropriate
' department head.
(f) It is expected that each emplayee shall plan at a
minimum 80 hours of annual leave per year for General Govern-
~Z ~ ment employees, lI2 for Fire, 84 for Communications and
Jail, and effect appropriate coordination with the Depart-
~ ment head.
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(g) Excess leave above the amount authozized for
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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 ttie event of a significant illness or injury
not covered by Workman's Compensation, an individual per-
manent employee on exhausting annual leave may, with the f Z
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approval of the City Manager, borzow up to a 6 month en- ,
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titlement (i.e., 6 x 16 hours) to avoid a no-pay status.
4. Terminal leave: Upon separation durinq initial
. probation (first 6 months for Police and Fire), accrued ~ Z'Q'
- 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 beinq received by
the employee on the date of application for cash payment, or
when resignation/separation is signed by the employee.
5. Leave of absence without pay:
(a) Leave without pay may be granted to an employee
upon recommendation of the department head and appraval of
the City Manaqer for up to 180 days. Each request for such
~ leave shall be considered in the lfght 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
qranted until such time as all accrued annual leave has been
exhausted, except when an employee is absen~ and drawing
F~orkman`s Compensation Pay.
ib) If an employee uses more than 30 days total leave
without pay durinq his leave year, his merit anniversary and
I.ength of service dates shall be advanced by the number of .
days such leave without pay exceeds 30 days.
(c) During a period of leave without pay, the em-
ployee's benefits shall be in abeyance. Cost of maintenance "'
of health and related benefits will be at the personal
expense of the employee and must be prepaid via the City to
insure continued coverage.
6. Leave of absence with pay: Employees may request
' leave of absence with pay for:
(a) Witness or Jury Duty: When a City employee is
called for jury duty or is subpoenaed as a witness, he shall
not suffer any loss c~f 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.
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23-18
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(b) Military I,eave: An employee who has successfully
completed the probatianary 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 mflitary pay including COLA, but not including other
reqular allowances) or other leave, and without impairment
of inerit ratings or other rights or bene£its to which he is
entitled. Military leave with pay shall be qranted 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 expir~tion of the period for which he was vrdered to ~
duty.
~ (c) Conferences and Conventions: Decisions concerning
attendance at conferences, conventions, or other meetinqs at
City expense shall be made by the department heads with the
approval of the City Manager. Permission shall be granted
on the basis af 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
meetfngs 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 £or 1/2 the _' ~
amount of tuition for courses directly related to the em- ~
ployee`s work and conducted outside the employee's reqular ~
workinq hours, provided that: ;
~ i. Fund~ frr such expenditures are available in 3
the current budqet, ;
ii. The employee has made application for approval -
of the course and tuition reimbursement to his depart-
~ ment head at least 10 days prior to the registration ~ '
,~~ for such course and the department head subsequently I •
gives such approval, and ,
fii. The employee submits evidence of satisfactory -
completion of the course, and -~
iv. The employee is not rec~aivinq reimbursement
for tuition from any other source. '
(b) Courses which are only offered during regu2ar
working hours may be approved by the department head pro-
vided time off can be arranged conveniently and reasonable
' arrangements can be made to make up time. off. ;
(c) The City shall allow time off with pay and shall
reimburse an employee for the expenses of attending classes,
lectures, conferences or conventions when attendance is on
an assignment basis with prior approval of the employee's
department head. ;
(d) Normally, the cost of textbooks and technical pub-
lications required for such courses shall be the responsibi2-
ity of the emp2oyee. If the City purchases any of the ~
23-29
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I -1 textbooks and publications for such courses, said textbooks
and publications shall become the property of the City.
8. Retirement: All full-time emp2oyment employees are
~ required to participate in the State Public Employees Re-
; tirement System.. See PERS Handbook for details.
9. Retirement age: As authorized and required by ..
! Public Employees Retirement System.
i 10. Social security: The city shall match the employee's
' contribution in the Social Security Plan.
j 11. Industrial accidents: Al1 employees shall be
~ covered under the State of Alaska Workmen's Compensation
! program for industrial accidents and disease. Benefits
include medical treatment and care as well as disability
i compensation during the peziods of time lost from the job.
~ 12. Medical and hospital insurance: provided by a
I qroup policy at no cost to the employee. Life, major
medical, hospitalization, dental and vision insurance are
, included as part of Graup Insurance.
' 13. Maternity leave: Immediately precedinq and follow-
.ing childbirth, an employee is entitled to take a total of 9
weeks leave. This leave will be charged first to annual
leave and if this is insufficient to leave without pay for
the balance of the periad of 9 weeks.
, ~ Upon application and under.extenuating circumstances,
additional leave may be granted by the appointinq 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.
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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 hoca they can improve
~their work per£ormance. Performance evaluation shall also
be considered in decisions affecting salary advancement,
promotions, demotions, dismissals, order of layoff, c~rder of
reemployment, placement, and training needs.
2. Periods of evaluation: Each employee in the classi-
fied service shall have his performance evaluated at the
following periods:
(a) End of probationary period: Each employee shall be
evaluated 30 days prior to the completion of his probaticnary
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 becor~e
part of his permanent personnel file.
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23-20
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3. Performance evaluators:
• (a) Ratinq officer: The rating officer shall normally ,-.
be the employee's immediate supervisor. The rating officer
sha21 be responsible for completing a performance evaluation
- report at the time prescribed for each employee under his
supervision.
" (b) Reviewing officer: The reviewinq officer shall
normally be the rating officer's immediate supervisor or
depar~aent 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 perfozmance.
4. Review of performance reports: The ratinq officer
shall discuss the performance evaluation report with the ..
. employee before the report is made part of the emplayee'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. Emp2oyees who receive two consecutive overall ~
ratings of "unsatisfactory" shall be subject to dfsmissal. __
~ 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 unfaiz, he may request a meeting with the reviewing
~, ~ officer by checkinq the appropriate section on the report.~
! The ratinq officer will then immediately forcvard the report ; ,
~: '
~ to the reviewinq officer who will arrange to meet with the ;
~ employee within 5 workinq days afrer receiving the report. ~' ~
- The reviewinq officer will then forward a decision in writing ~
~ ! to the employee within 5 working days after the date of
~2 their meetinq. ,
;''. ~ 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
-. evalua~ion report, in writing, to the City Manager. The
City Manager shall within 5 workinq days meet and discuss
; I the report with the employee. The City rianager will, in
~ ~I writing, make a decision within 10 working days from the ,
';, l~ date of their meeting. The decision of the City Mar.ager
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23.50.010 CLASSIFZCATION PLAN
' CLASS CODE CLASS TITLE ." RANGE •
101 City Man~ger NG "
' 102 City Attorney NG
103 ;City Clerk NG
104 Finance Directoz* 24
105 Public Works Director* 22
' 106 Police Chief* 22
107 Fire Chief* 22
108 Senior Accountant 19 '
109 Assistant Enqineer 17
, 110 • Code Enforcement Officer 17 ~
111 Airpor~ Operations Manager 17
.
ADMINISTRATIVE SUPPORT
201 Department Assistant I 3
202 Department Assistant II 7
203 Administrative Assistant 8
- 209 Accounti.ng Technician I 10
~ 205 Accounting Technician II 11
206 Accountant 16
i ~ P B
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TY
U C E ,
~ ~ 3 1
0 •Assistant Fir hi f
e C e
18
~ 302 Fire Fighter 13
{
303 •
Police Lieutenant
18
304 ~ Police Sergeant 16
. . 305 Police Officer 14
~ 306 Dispatcher 7
, 307 Fire Engineer 15 ~~
,• 308 Correctional Officer I 11
~ 309 Correctional Officer II 14
~' ~. 310 Fire Captain 16 -
3I1 Fire Marshall 16
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401 .
Building Inspector
15
- - ~ 402 Shop Forem~n 15
~~;..- 403 Maintenance Supervisor 15
' 404 Treatment Plant Operator 13
°
I 405 Water & Sewer Operator I 12
~ `~..'_ . I 406 Mechanic Helper 12
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: . ' 407 Maintenance Worker I 11
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-= "" "` ~ 408 Diechanic 14
"~~ _' ~ 409 Maintenance t~orker II 12
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410
Water b Sewer Operator II
13 ~
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CLASS CODE CLASS TITLE RANGE
. ~ ; ~ ~
SOCIAL SERVICES
. 501 Librarian* 14
502 Sr. Citizen Coordinator 8
503 Parks & Recreation Director* 16 ,
504 Animal Contzol 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 succeedinq 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
II ~ achieve same, the following annual recognition entitlement ,
'~, is authorized, payable on a pro rata monthly basis. i
' This recognition entitlement is not considered when ;
' calculating hourly rates for overtime, double-time, annual ~
' • leave or holiday pay. ,
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(a) Police Department: Certification in accordance
with State of~ Alaska Certification Standards.
Police Officer
Intermedia~e Certification $720/year .
Advanced Certification, $1,440/year
Police Sergeant
Intermediate Certification $720/year
Advanced Certificatiion $1,440/year
Police Lieutenant
,2'~ ~ Advanced Certification $1,440/year ~
(b) Fire Department:
i. Recognition entitlements for an associate
degree in fire science is $480 per year. Eligible
grades are firefiqhter, enqineer, lieutenant and
captain. •
ii. Recognition entitlements for E6IT certification
for eligible qrades of firefighter, engineer and lieuten-
ant are as follows: ~ -
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EMT I Instructor $ 60/year
EMT IZ $120/year
EMT III $300/year ~
c. Water and sewer utility: recognition entitl.ements
for water and sewer certification are:
~ W & S II $I8Q/year "
W & S III $300/year
4. Uniform allowance:
(a) The followinq annual allowances are established to
defer the cost of uniform cleaninq, maintenance and replace-
ment for second and succeding years of service: ~
~ Jail $250; Police $400; Fire 5300; Annimal Control $250 ` iZ8
Payment shall be made based on pro-rata service and
paid in July lst and Sanuary lst installments.
(b) On hiring, the respec~ive department head shall
issue from stock or purchase from appropriate funds a basic
~ uniform and equipment issue.
(c) Department of Public Works, Water & Sewer and
Animal Control personnel shall be authorized by purchase
from appropriated funds, safety shoes, hard hats and other
. OSHA required items. Laundry service will also be provided
for those clothing items furnished.
5. Hourly rates-part-time employees:
PT-1 $3.40/hour
PT-2 $3.65/hour ~
PT-3 53.90/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 reqularly placed
on a stand-by status for a Saturday, Sunday or Holiday, they
shall be entitled to a minimum of 2 hours pay for such ~
stand-by status. In the event of a"call out," overtime '
shall be paid for hours worked but not less than the minimum
of 2 hours. • -
To be eligible for stand-by pay, an employee must "
formally be placed on stand-by status, with the approval of
the City Manager, and the proper documentation indicating
such approval placed in the employee's personnel records. A
,Z,~
An employee in stand-by status must be available foz call-
outs and must be in a location whereby the responsible City
personnel can communicate with him or her.
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23-24
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CLaSSIFIED SaLr1RY TADLE '
• - . • t:.
RADIGE A B C~ D E F AA BB CC
3 12,847 ' 13,163 13,489 13,81Q 14,131 14,452 14,773 " 15,094 15,A15
7 15,620 16,011 1b,402 16,793 17,184 17,575 17,966 18,357 18,748
8 16,406 16,81b 17,226 17,636 18,046 18~456 18,866 19,276 19,686
- 9 17,221 11,652 18,083 18,SI4 18,945 29,376 19,807 20,238 20,659
~ 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 20,40I 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
. ,
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~ 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 24,130 24,730 25,230 25,830 26,3b ~
-' ~ ' 1
15 23,080 23,657 24,23=~ 24,811 25,383 25,9G5 26,542 27,119 2'7,696 ~
~ ~
~ 16 24,223 2G,829 25,435 2G,04I 2G,G47 27,253 21,859 23,4G5 29,p7 1 !
9
~ ~ 17 25,438 26,074 2G,710 27,346 27,952 28,G18 29,254 ~ 29,890 30~526 '
. , r i
~8 2G,709 2T 37? 28 Q~iS 28 713 29,381 30,0r,9 30 717 31 335 ;
, , , , . 32,053
. ;
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~~ 19 28,038 28,739 29,4~i0 30,14J. 30~3b2 3].,SG3 32,24~+ 32,945 33,64G ~
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~. ,, ZO 29,~i54 30,190 30,92G 31,6G2 32,393 33.1~b 33,810 34.GOG 35,342 '
r • ~
1r . 22 32,G55 33.2GG 34,077 1G~38:i 35,fi~9 3G,51U 31,3?1 3R,13~ ~ 38,943 ~
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':~ ~- 24 35,833 3G,72a 37.G25 ~3,5?1 39,i11 ~i0,313 4I..209 G2,105 q3,001 F
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; 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
goveznment established by the City Council.
. 2. Department Head: A person directly responsible to
the City Dianager for the administration of a department.
Wherever under the provisions of this chapter, approval of
a department head is required, if the person requesting•
approval is a~iepartment head, the approva], shall be obtained
~ ~ . from the City f~ianager. . '
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
~ manaqeraent decision affecting him, or an alleqed 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 norn-al number of working
hours, but who normally follows a pre-determined, fixed
pattern of working hours.
~,7. Permanent Employee: An employee who has been
retained in his appointed position after the completion of
his probationary period.
^ 8. Probationary Employee: An employee who has not yet
J completed his probationary period.
9. Probationary Period: A working test period during
which an employee is required to demonstrate his fitness for
~ the duties to which he is appointed by actual performance of
the duties of the position. ~ ~
•10. Public Safety Employee: A person employed in the.
Police, Fire or Communications departments.
, ~ 11. Supervisor: Any person who is responsible to a
higher divisional or departmental level of authority and who ~
directs the work of others. ~ ~
12. Temporary Employee: An employee who has been
appointed for a limited period not to e~ceed 6 months. (Ords
336, 336(a), 364, 385, 414, 440, 458, 482, 503, 513 & 537)
~
23-26
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M E M O R A N D U M
TO: HON. MAYOR AND CITY COUNCIL
B'ROM: BEN T. DELAHAY, CITY ATTORNEY
RE: RECOMMENDED CHANGES TO THE SUBSTITiSTE FOR
ORDINANCE 537-79 (PERSONNEL ORDINAI~SCE)
DATE: JANUARY 16, 1980
If the Council determines to pass one of the substitute
ordinances for the recodification Ordinance #537-79 originally
brought before the body, I would recommend a number of
amendments to that ordinance. In the expectation that the
Council would adopt the Second Substitute, the numberinq of
sections below will refer to the numbering in that substitute.
The first six recommendations are not intended to change the
intent of the ordinance in any way, but merely to clarify
the intent and to simplify the lanquage.
1. It is recommended that Section 23.25.080 be changed
in two places:
(a) in the second sentence to strike the words "the
emgloyee's current rate of pay is below," and then
insert between the words "class" and "his" the following
wording "is at least one pay step higher than the
employee's current rate of pay,"
(b) in the third sentence delete "falls within the
ranqe" and substitute therefor "is hiqher than one pay
step below the minimum."
2. It is recommended that Section 23.30.050 be amended
by deleting all of the wording in Subsection (a) and replacinq
it with the followinq wording:
(a) The Library and Animal Control Operations shall be
open for business as authorized by the City Manager.
The Police and Fire Departments shall be open for
business at all times. Excepting for Saturdays, Sundays,
and Holidays, the Department of Public Works shall be
open from 8:00 a.m. to 4:30 p.m., and all other offices
shall be open from 8:00 a.m. to 5:00 p.m.
3. Since there is some difference in the days on which
some traditional holidays fall, the days celebrated by
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January 16, 1980
-- " Page 2
the Federal Government employees, and days celebrated by
State employees, I would suggest that the City holidays be
clarified by amending Section 23.40.020 (a)(2)(3) to add
after Washington's Birthday "(the third Monday in February)"
and to add after Memorial Day "(the fourth Monday in May)."
I am advised that these are the days celebrated by the City.
4. z recommend two modifications of Section 23.40.030
(a)(1). The first would be to strike the word "less" and
substitute therefor the word "excepting." The second change
~ would be to remove the paragraph beginning with the wordinq
"reqular part-time employees. ." and to re-insert it at
the bottom as paragraph (j)--this is recommended because I
believe the accrual of annual leave for part-time employees
in the Fire Department and Communications would be proportional
to their haurs in the same way as for full-time classified
and exempt part-time employees.
5. I recommer,d an amendment of Section 23.40.120 by
adding before the word "provided" the following words,
"Medical and hospital insurance shall be." This not only
• makes the sentence complete, but as the ordinances provide
that the catch-lines (the underlined headings of each
sectfon) are not a part of the law and not to be interpreted
, as such, the clause without that addition would not be
- clear.
Z am not sure as to the original intent of Section 23.35.060
(c). The words "since the employee's last day of hire"
could mean the last date of hire prior to re-employment or
it could mean from the date the employee was re-employed.
If it is not intended that the employee shall accrue seniority
on any time previous to his re-employment, this would be
accomplished by the change included in the Substitute Ordinance
by the Administration." This gives the prior employee with
satisfactory service nothing except preferential eligibility
for hire. However, if it is the intent of Council that one
serving satisfactorily and withdrawing their resiqnation
within one year from its effective date should have his
seniority based on the time prior to re-employment, then I
would suggest that the wording in (c) be replaced by "where
re-employment riqhts are exercised such prior periods of
employment shall counted for accrual of seniority and leave."
I would sugqest two other modifications Eor convenience of
operations. I find nothinq in the statutes or charter that
require that the tables or salaries be set by ordinance. I
would, therefore, recommend that both exempt salaries and
pay tables be modified as follows:
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January 16, 1980
Paqe 3
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1. Since salaries for exempt personnel are negotiated
by Council, it would appear that there should not be an
ordinance setting a salary when such negotiation is in
progress. Nor should it be necessary to have an ordinance
after negotiation is completed. I would, therefore, recommend
that Section 23.55.010 be amended by substituting therefor
the following:
23.55.010 Exempt Salaries: Salaries of City Manager,
City Attorney, and City Clerk shall be negotiated by
the Council (or by a committee and approved by the
Conncil) and may be set by motion of Council.
2. Because of the continuous increase of cost of
living, it is expected that salaries far all employees would
be increased annually, and it would appear unnece~sary to
have an ordinance to adopt a new table when the policy for
use of the table is already set. I would therefore recommend
that Section 23.55.020(a) be amended to read:
23.55.020 Salary Structure By Grade: (a) Salary
structure by qrade is hereby established in accordance
with the table that is.appended to this article and
which may be amended, modified, or replaced by resolution,
in which case a copy of the amended, modified, or
replacement table shall be subatituted for the prior
table and place in the Code at the end of this Title.
Whi2e this also miqht be done by motion, since there are
raany employees concerned who may wish to be heard on the
matter and public hearinq is required in passing a resolution,
it is recommended that a formal resolution be used.
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ClTY OP KENAI
ORDINAASCS NO. 545-80
AN ORDINANCE OF THE COUNCIL OF TIiE CITY OF KENAI, ALASKA
INCREA3IN(3 ESTIMATED REVENUES AND APPROPRIATIONS IN THE
1879-80 FEDBRAL R8VEI3UE SHARIN(3 PUND BUDCiET BY ~8,774.
SVFiEREA3 . the Council ot the City of Benei approprlated, by Ordinance
533-79. :20.000 for the purchase ot a fire rescue vehicie. and
~YHEREA3. the City solieited bfds for cuch n vehicle nnd the loweat bfd.
w acoepted bq Reaolutlon No. ?9-172. was in Use amouat oi ~28.?T4, utd
LVHEREAB. based upon information frnm the U.B. Deparcment of Treeaury,
adequate funds wfll be available in the torns of Federal Revenue Sbariag to
aPP~Priate the additlonal monies need¢d. and
WHERHAB. PrePer acxounHng practices require that all aPP='oPriationa of
Ciiy moaiea be made by ordinsace,
N0~4. TSEREFORE. BB IT ORUAII~iF.D BY THE COUNCIL OP THE C1TY OF
K6NAI. ALA3RA that the follawittg itsereaaes in eetimated revenues and
aDProPriettons be made:
(3eneral Fuad
Iacrease Estimated Revenueo:
Tranaters from Federal Revenae Shering Fund f8.774
Lnerease APP~Drlations:
Fire - Maehinery ~ Hquipment E8.7?4
Pederal Revenue Sharing Pund
facrease EsHmated Revenuea:
Federal Revertue Stiariag ;8,774
Iacrease AppropriaHrnu:
Transfera to (ieaeral Fuad E8.774
PASSED BY THH COUNCA. OF THE CITY OF KBNAi. ALASRA this 16tYs day
of January I980.
VIIVCENT O'REILLY. bUYOB
ATTSST:
Janet tYhelau. City Clerk
Firat Reading: Jnnnary 2. 1880
Second Acading: Jannerq 18. 1880
Bffective Date: Jestuarq 18. 1880
Approved by Finance Director «.~
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CITY OF KENAI
ORDINANCE NO. 546-80
AN ORDINANCE OF THE COUNCIL nF THF. CITY OF KENAI, ALASKA IN-
CREA3IIYG ESTIMATED REVENUES AND APPROPItIATI0N3 IN THE 1879-80
GENERAI.FUND BUDGET.
~VHE~tEAB, the 3tate of Alaska, Department of Community and Begional Affairs
hae offered to apply $7,B41 of unspent water and sewer monies to the topo-
BrBP~ ~pP~' Project. and
WHEREAS, these additionai monies can be used to prepare maps of four
additfonal quarter sectfons.
NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALA3KA tltat estimated revenues and apprapriaHons in the 1979-8d tieneral
Fund Budget be increas~i as follows:
Iacrease Estimated Revenues:
Rtate Granta (CSIP) $?,641 .
Increase Appropriations:
Noa-Departmental-Pmfessional Services $?~641
PA33ED BY TI~ COUNCII. OF THE CITY OF I~NAI, ALASKA this 16th day of
January. 1980.
VIIJCENT O'ItEII.LY , MAYnR
; ~+ ! Janet Whelan, City Clerk
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`~ ~ First Reading: Januarq 2. 1980
~_~ Second Reading: January 16, 1980
Effective Date: Janusry 16, 1980
:_ t= ~ Approved bq Finanee Director ~~
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~~• SUBSTITUTE FOR
-~ CITY OF KENAI
I ORDINANCE N0. 547-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREAS-
ING E~TIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL
FUND BUDGET BY $8,000.
WHEREAS, the Council of the City of Kenai, Alaska, has approved
certain capital improvements that will be submitted to the State
for funding, and
~ WHEAEAS, the Council deems that an effort will have to be made on
the part of Councilpersons and other knowledgeable individuals
to secure such funding, and
WHERF.AS, such an effort will require transportation and related
expenses to visit legislators of the State Legislature as well
~ as promotional expenses and materials, and
WHEREAS, proper accounting practices require that all
~~" appropriations of City monies be made by Ordinance.
,~ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
~~ KENAI, ALASKA, that the following increases in estimated revenues
and appropriations in the 1979-80 General Fund Budget be made:
~ Increase Estimated Revenues
Sale of Other Assets $8,000
k Increase Apprapriations:
~ Legislative-Transportation $7,000
- ~Legislative-Miscellaneous $1,000 ~
'.~ PASSED BY THE~COIINCIL OF THE CITY OF KENAI, ALASKA, this 6th
_„_~ day of February, 1980.
R , R
First Reading: January 16, 1980
Second Reading: February 6, 1980
Effective Aate: February 6, 1980
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_„_ , Approved by Finance Director: ~
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CITY OF KIiNAI
ORDIfIANCE NO. 547-80
~iN ORDINANCE OF TFlE COUNCIL OF THF. ~ITY (1P KP.NAI. AI.ASKA P~tCREA.S-
~ING ESTI11tATED REVENUES AND APPROPRIAT{ONS IN THE 1979-80 ~:F.NERAL
FUND BUD(3£T BY f8.000.
~YHEREAS , the Council ot the City oi Kenei has approved certnin capitel 1m-
provements that will be submitted W the Stete for funding. and
{YHEREA3. the Council deems that an effort will have to be•made ort the part
ot Couneilpersons and other kaowledgeable indfviduals to secure snch t1~nd-
ing. and
tYHEREAS. such an effort will require transportation and related expenses
to visit legislators ia d~aeau. Alaslca. and
NIEiEREAB . proper axounttng pracHces require that all apPropriations of
City monfes be made by Ordinance.
?vntv, THEREFORE. BH IT ORDALNEA BY TF~ COtTIdCTL QP THE CITY OP
KENAI. ALASKA that the follrnsing increases in estimaLed revenuea aud
nppropriations in We 1879-80 General Fund Budget be made:
Iacreaee Estimated Aevenues:
Sale of Other Assets ~8.000
Iacrease APP~PriaHons:
Legielative - Transportation 58.000
PA33SD BY THE COUNCIL OF TIiE CITY OF t~IAI. ALA.RKA this 16th day of
January1980.
ATTEST:
Janet 1Yhelan. City Clerk
VLVCENT O'REII.LY, b1AYOR
Fir.st Reading: January 2, 1980
Second RendinR: Snnunry 16, 1980
F.ftecttee Dntc: Jnnunry 16, 1980
Approvcd by the Ffnnnce Directorr~,,
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KENAI CITY COUNCIL - REGIJLAR MEETING
NOVEMBER 21, 1979
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'ItEILI.Y PRESIDING
PI,EDGE OF ALLEGIAIJCE
A. ROLL CALL
Present: Phil Aber, Ed Ambarian, Betty Glick, Ron Mal~ton ~ Ray N[easles,
Vince O'Reilly, Mike Seaman
Absent: None
AGENDA APPROVAL
Mayor O'Reilly noted that ordinances 533, 534, 535, and 53? had been signed
in error, before final passage.
Mayor O'Reilly also noted that G-17, 3chematic Design of City Hall, Carmen
Gintoli, was in error, Council was approving funds for architectural drawings.
Mayor O'Reilly asked all present to stand for one minute in recognition of
concern for the hostages in Iran.
B . PUBLIC HEAAINGS
B-1: Ordinance 533-?9, increase in revenues, Federal Revenue Sharing in the
amount of $306,750.
MOTION:
~~ Councilmun Malston moved, seconded by Councilman Seaman to approve
~ . E the ordinance .
`4
~}' ' There was no public comment.
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~
~ ~ B-2 Ordinance 534-79, increase in revenues, shop addition capital project fund
~; ~ ~ in tt.e amount of $47,298.
, ~" ;
~ ~ ~ `~ ~ MOTION:
-- ~''auncilwoman Glick moved, seconded by Couneilmun Seaman to approve
;- the ordinance.
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-- -,- ; There was no public comment.
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CENAI CITY COUNCIL
JOVEMBER 21, 1979 '
'age 2 y
Motion passed by roll call vote .
rc
3-3: Ordinance 535-79, increase in revenues, anti-recession assistance fund ~
in the amount of $5,000. `
JIOTION: '
Councilman 1-4alston moved, seconded by Councilwoman Glick to approve I
the ordinance . -
There was no public comment .
Motion passed by roll call vote .
3-4: Ordinanee 536-79, amending 1979 Code, establfshing Kenai Community
Library .
VIOTION:
Councilman Ambarian moved , seconded by Councilwoman Glick to approve
the ordinance . ;
There was no public comment .
Motion passed by roll call vote. {
3-5: Ordinance 537-?9, codifying 1979 Code, personnel ordinance of the i
City as Title 23.
VIOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, to table
this till next meeting.
f
A committee consisting of Councilman Ambarian. Counciiman n'falston and ~
Councilman Seaman will review the Code. Acting City Manager Brown stated ,
he will make more chun~es. Councilman Ambarian asked if the oommittee ;
will meet with hIr. Brown, Mr. Brown replied yes. i
I
;. PEBSONS PRESEI3T SCHEDULED TO BE HEARD: ~
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KENAI CITY COUNCII.
NOVEMBER 21, I979
Page 3
~ D. MINUTES
~ Mechanical corrections were suggested by Councilwoman Glick for
• the minutes of Nwember ?, 1979.
Minutes were approved as corrected.
Minutes for the meeting of November 15, 1979 were approved as
distributed .
E. CORRESPONDENCE
~ Mayor O'Aeilly reviewed a letter from the Alaska Dept. of Natural
Besources regarding conveyance of land areas to Cook Inlet Aegion , Inc .
Administration was directed to send a letter of non-objection
to the State.
~ ~ G. NEW BUSINESS
G-1: Bills to be paid - Bills to be ratified.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston to approve
Bills ae submitted in the Council packet.
Motion passed by roll call vote .
'
! ,= I G-2: Aequisftions exceeding $500.
~~
; ~ ~~ MOTION:
~:~ ' Councilman Malston moved, seconded by Councilman Seaman to approve
,;~ ; requisitions as submitted in the Council packet.
i.~„ ~
l~~~ F Mr. Bro~vn explained the Cordova Const. bill was a change in rendor.
.' MoHon passed by roll call vote.
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~.; G-3: Ordinance 538-?9, increase in revenues, State Jail Contract Fund -$10, 000.
__ i -' ~ MOTION:
Councilman ltZalston moved. seconded by Councilwoman Glick to introduce
_ _ the ordinance.
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~ ~ KENAI CITY COUNCIL
NOVEbiBER 21, 1979
_ _ Page 4
Z' --- - -~
,, Motion passed by roll call vote.
G-4: Ordinance 539-?9, increase in revenues, Stute Library Grant, in the
amount of $750. .
,; MOTION:
Councilman Malston moved, seconded by Councilwoman Glick to intro-
duce the ordinance.
Motion passed by roll call vote.
-- .-- G-5: Ordinance 540-?9, establishing capita2 project fund "Frontage Road" in
the amount of $18,000.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick to intro-
~ duce the ordinance.
, Maqor O'Reilly asked if this was the road parallel to Snur Rd. Council-
" man Ambarian replied yes .
'~trn Motion passed by roll call vote.
' ~ ~
-_°'~~~e °G-6: Resolution 79-152, transfer of funds, water and sewer services advertising
0~ r~~,~~he,~4n the amount of $350.
` ~~ 5~f~~ub~,~~
ON: ~ S
~ :i .,,. : ~j4~ ~pQa o'~~io
~A ~~ Q5 Councilwoman Glick moved, seconded by Councilman Malston to apnrove
" '' ` ~ ~0 h~, ~ ~e resolution.
: °+ `, ~
'.? ~~ . Motfon passed by roll call vote .
:,
'~~ G-?: Aesolution 79-153, water & sewer speciul revenue fund. repair and maintenance.
' - ' in the amount of $2,500.
~
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" • :
~~} . i Councilman Seaman moved, seconded by Councilman Measles to approve
_-_.T- ;
~e resolut ion .
------- ~
": -~' } Motion passed by roll call vote.
i
-- -- ~ G-8: Resolution ?9-154, transfer of funds. ~eneral fund, legal fees, in the
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KENAI CITY COUNCIL
- NOVEDZBEA 21, 1979
I Page 5
~
amount of $4,000.
MOTION:
Councilman Seaman moved. seconded by Councilman P4alston to approve
the resolution.
Motion passed by roll call vote.
G-9: Kesolution 79-155, acceptance of Comprehensive Annual Financial fteport
~ for FY 1979-80.
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MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman to approve
.
the resolution .
Mayor O'Reilly noted this was a great piece of work, and extended his
~ compliments and those of the Council to Finance Director Charles Brown.
. Mation passed by roll call vote.
; G-I0: Resolution 79-156. transfer of funds, animal shelter utilities, in the
~ amount of $200.
~ ---
~ i MOTION:
~4 Councilman Malston moved, seconded by Councilman Seaman to approve
. the resolution.
, Motion passed by roll call vote.
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Gll: Aesolution ?9-157, transfer of funds, annual Christmas party, in the
~ amount of $2,000.
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Cauncilman Ambarian moved, seconded by Counci2man 119essles to approve
+;~
~~ the resolution.
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Motion passed by roll call vote .
--^~^ ~ G-12: Resolution ?9-158, transfer of funds, submission af City's Financial
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KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 6
Statement to the ltunicipal Finance Officers Association in the amount of •
$150. ~
MOTION:
Councilman Seaman moved , seconded by Councilman Measles to approve
the resolution.
Motion passed by roll call vote.
G-13: Resolution ?9-159, purchase of a snowblower in the amount of $32 , 800 ,
from Federal Revenue Sharing Funds.
MOTION:
Councilman Seaman moved, seconded by Councilman Malston to approve
the resolution.
Mayor O'Reilly stated that this was a used snowblo~ver.
Motion passed by roll call vote.
G-14: Lease amendment, Andy's Flying Service.
Acting City Manager Charles Brown explained this was at the direction
of Council.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick to
approve the lease.
Motion passed by roll call vote.
G-25: Discussion of house number layout as prepared by Glacier State
Telephone .
Mayor O'Reilly suggested that this be held, because the Public ~Vorks
Department did not have a representative. The Council concurred.
G-16: Anproval of audit proposal - Coopers & Lybrand.
Finance Director Charles Brown explained there were two proposals:
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KENAI CITY COUNCIL
NOVEMBEB 21, 19T9
Page 7
1. Audit airport terminal fund
2. Federal ftevenue Sharing & Anti-recession ~
In previous years we have just sent our regular audit, but we can't do
that any more. The motion for approval was divided into 2 parts.
MOTION:
Council~voman Glick moved, seconded by Councilman Malston. to approve
the airport terminal audit.
Motion passed by roll call vote.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian to approve
the Revenue Sharing & Anti-recession sudit.
Motion passed by roll call vote.
G-17: Approval of funds for architectural drawings. Carmen Gintoli.
Carmen Gintoli explained his proposal. This was an idea of space required,
He would need a budget ffgure from the Council to complete it. The attorney
needs more space. There is access needed between the City Manager's office
and the Council Chambers. and he plans to reverse the building official and
the Public Works Director's office. It is an open concept, access to anyone
comin~ in. ~9hat the plan dces is show what the City needs, there is room
for expansion. The Council chambers have sliding doors, and a permanent
set-up for executive sessi!~ns. He computed $80 per sq. ft. for construction.
Mr. Brown said the Health Center can be bond money, he will check with
Atty. Delahaq. He also said we have $337,000 bond money and $400,000
in the reserve general fund. Mr. Gintoli said he could start at break-up.
Councilman Ambarian asked Mr. Brown if we still have working capital .
Mr. Brown replied yes. Councilman Ambarian asked Mr. Gintoli for an
estimate of site development, rosd and water & seiver. A'Ir. Gintoli replied
road estimates are unknown. There is some parking available to use. We
would have to add 30~ if we have to have all necv parking. Councilman
Ambarian asked if ~ve are leasing or purchasing the land. Mayor O'Rei~ly
r~plied he didn't know . Mayor 0'Reilly asked if there was any estimate
on furnishings. CouncilmanAmbarian replied 330~000 to $40,000. Council-
man Aber confirmed this did not include carpets, etc. R?r. Gintoli explained
we will be using ~vhat ~ve have whenever possible. The Council C.hambers
need some seats. he would advise against fixed seating. Councilman Ambarian
asked if there was matching funds for the Health Center. Mr. Gintoli explained
a ~
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KENAI CITY COUNCIL
NOVEIIBER 21, 1979
Page 8 ~~~ - ~ '~ r
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his understanding ~vas : 1000 sq. ft. times ost per sq. ft of the building ~L.o ~t'~-
gives us the total money to withdraw fro Civic Center nd apply cost
of City Hall . Councilwoman Glick asked ~if we are still pro-•iding the
HPalth Center. Asr. Gintoli replied yes, at last discussion. Councilwoman
Glick stated she understood the State Dept. of Revenue was moving out of
Kenai. b'Ir. Brown said the City was not opposed to the State taking over
but,~set'to their moving out of Kenai. The latest report is Jan. 1, 1980 that
the State will take over, he hasn't heard any con~rmation. Councilwoman
Glick said we shauld confirm this as sc~on as possible, we need definite
plans. Mr. Brown said he will chec ~o TRonday. r'-r. Gintoli noted that
Dept. of Revenue is docvnstairs. if~s ~t used, it will be stora~e. Rut we
should know from the State. Mayor O'Reilly asked ?t4r. Gintoli if he basically
needed a dollar figure, Mr. Gintoli replied yes. Councilman Ambarian said
he figures $950,000 with site development, narking, etc. , and suggested ~ve
should Iease the land from the City . Councilwoman Glick concurred ~ and
suggested a 55 year lease. ~
Councilman Aber asked if we had planned a dead storage area. Mr. Bro~vn
said he wasn't sure if we needed a walk-in vault. Mr. Gintoli said a concrete
wall with a steel door for 2-3 hours fire proofing was sufficient. Councilman
Aber noted we should have a storage area for special papers and micr~film
if we start using it.
Couneilman Ambarian said the mechanics need access to the back. Mr. Gintoli
noted this had already been considered.
Councilwoman Glick asked if public comment sessions are in his plans. R~r.
Gintoli replied his contract will have developrnent plans to submit to Council
meetings. He has already been contacted arc~i~~ r circulatian. Council-
man Malston asked if there were windows~~r~`~intoli showed him those
planned in the Council Chambers. A4anager's office, Clerk's office. Attorney's
of~ice and the Heslth Center.
Councilman Ambarian asked if the schematics ~vill be reviewed by the Public
~1~orks Committee, Mr. Gintoli replied yes. A meetinp: tvas set for the followin~
Thursday.
Mayor O'Reilly asked if the $750 ~000 ~vas for the buildin~. Councilman Amb~rian
replied it would be easier if the ~gvre included everything. $750,000 was for
the building, $200,000 was for site development. ~~r. Gintoli oted th t.a
~vill go out to one contractor. Councilmsn Ambarian asked if ~w'~s-s~ueon~n~~en~cy.
Dir. Gintoli replied yes, he will give costs as they ~o nlong. Councilman
Ambarian said $950,000 was the maximum, the plan tv~ll include alternates
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KENAI CITY COUNCIL
NOVEMBER 21. 1979
Page 9
T-. _.~: --r .._ _- ~ .~
if it gces higher. Mr. Gintoli said that will be determined as we ~o along
~,
Mayor O'Reilly asked if Federat Energy Saving grants were involved. Mr.
Gintoli replied $50,000 on alternate energy forms was available through the
U.S. Dept. of Energq. Councilman Aber asked about the State Appropriate
Technology Program, Mr. Gintoli replied he has been try~ng to get information
on that, they do have a loan program. Mayor O'Reilly said there is alot of
money available ~ we should be checking into this. 1~4r. Gintoli noted that
with solar energy for water ~ funds were available.
Atty. Delshay discussed some housekeeping changes in the contract.
MOTI O'.~T:
Councilman Ambarian moved , seconded bq Councilwoman Gliek , that s~~,,
the agreement between the Citq of xenai and Cfntoli Archit r R~~ y
~~
canstruction costs sre not to exceed $8 50,000, ~'include~t gericj~j C5
~ ' t.¢,
Dfscussion: ~
Councilman Aber said he was not in favor of weeky inspections . we svill
need daily inspectians. Atty. Delahay agreed, the owner usually furnishes
the inspector ~ the architect should furnish the inspector . But
the proposal was set up this way by the architect and agreed by the City .
Councilman Aber felt that once a week by the architect or anyone else was
not sufficient. Mr. Gintoli said a full-time fnspector is
~15.00 an hour~ for a total of $15,000 plus. The Council can increase the
cost as it goes along. at their tion~ ot~i ~ in the contrac4. Councilman
Ambarian asked how long the~ vi/ould take, one hour or all day. Some
weeks it will take more time. Mr. Gintoli replied he would attend the special
meetings and weekly inspections per the proposal. Some times he will
need more time than others. it is up to the Council. Mayor O'Reilly noted
that for a job of this size, it would need an inspector. ~ie asked Atty. Delahay
if the Council could call on Mr. Gintoli if needed for inspection. Atty. Del-
ahay refer~d~ the contract, and asked Mr. Gintoli how much a full-time
inspecto~ost. Mr. Gintolf replied ~20.00 an hour, plus $20.00 an hour
for drafting, and $10.00 for secretary. Councilmr~n Ambarian said he
would disapprove the contract as ~vritten . he agreed ~vith Phil Aber . Atty .
Delahay said the City could set the hours to inspect, when extra inspections
~vere needed .
A'iOTION: ~
Amendment to main motion,
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KENAI CITY COUNCIL
NOVEMBER 21, 1979
Page 10
.~ ~t ~ - - ~--. -~ -~ - ~-~
A3ayor 0'Reilly proposed an amendment ta pa~e I of the a~reement, Part II-B.
For Employees' time at:
Project Inspector.......$20.00 per hour.
Amendment to main motion passed by roll call vote.
Mr. Brown asked if the total construction costs are listed. Mr. Gintoli refered
to the contract.
Councilman Aber asked for clarification of page 7 of the agreement. Do we
furnish soils personnel for testing. Mr. Gintoli replied the contract documents
zvould specify ~ and refered to Atty . Delahay . A~Ir. Delahay said it was removed
from the architect. Councilman Aber asked why, the City will have to furnish
ftrms for testing. Nir. Delahay explained it usually goes to a lab, the City will
contract. tVe don't do, just pay for. The architect will demand the test, the
Citq wIll pay for it. Councilman Aber said he understands, but it is not working
~hat way. Mr. Gintoli explained that in the contract, the contractor will be
responsible. Any special testing, the City will bay. Determinations can only
be made at the time. Atty. Delahaq said if an architect has to oversee tests,
their fee ~vill riae to cover the cantingency. Councilman Aber said that con- .
tractors have been hurt bq testings not done correctly. Atty. Delahay noted
that we're paying so the architect will be encouraged to insist on testR. Mr.
Gintoli reiterated that the contracts will have standard testin~, this is just for
special testing. If the results are negative, the contractor nays, if positive,
the City pays.
DZOTION:
The main motion tvas voted upon. ARotion passed with c',ouncilman ~~E~
voting no.
H-1: City Manager's Report
2here ~vill be a meeting of the sirport committee ATonday evening.
H-2: C ity Attorney's Report
City tvithdrawal from Social Security. Atty. Delahay explained thut the
Police ~vere separate from the other departments, and Atty. Schlereth had
a4I-ed the State for an opinion. The State said no, it couldn't be done that
waq. If it does pass the vote, it cannot become effeetive until Dec. 31, 1981.
He suggested the City Clerk bring the subject up for a vote at that time.
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KENAI CITY COUNCIL
NOVEA'IBER 21, 1979
Page ll
Councilman Ambarian said it has been delayed over six months now, and tvas
brought up by Public Safety. By adding other emplcsyees, the motion has been
slotved down. Ariy. Delahay explained that by law ir~cannot be in effect before
Dec . 31, 1981. ~Vhy make a decision now when it cnnnot be done till then , two
calendar years after notice. Councilman Aber asked if everybody was on the
opHon, Councilman Ambarian replied yes . Atty . Delahay said we are in a
state of wi awing, but it cannot be ofticial until Dec. 31. 1981, and all could
change~~,~"..'""cilman Aber asked why wait to vote. Ariy. Delahaq explained
the Public Safety wanted it. Councilman Aber said Public ~Vorks voted yes, but
the others in administration can vote yes or no. Atty. Delahay read the letter
from the 3tate that explained all departments would vote together. Councilman
Aber noted that Public Safety fs more than 50$ of the total personnel, 11~r. Brown
said just barelq, with the dispatchers. Councilman Aber said it is not fair to
the older employees, it shoi}ld be an option. Atty. Delahay explained the emvloyee
would still have what he t~iught in, but it would be decreased. He felt the Coun-
cil was spinning its wheels, we can't do anythin~ ti111981. Councilman Ambarian
said the original intent was for Public SRfety only. Council intended to protect
~ the older employees. Atty. Schlereth began the work. Councilman Aber said
everqone will forget in one and a half years. Councilman Ambarian said we
.:hould pursue a State decision, other municipalities have done this. Mayor
U'Aeillq app~inted Councilmen Ambarian, Malston and Seaman to check into
~ this . Attq . Delahay said he ~vould check the social security law .
Attq. Delahay then discussed Daddy's Money liquor license. They want to
. ; change the lease to a set amount instead of percentage, the pro~osal ~vould mean
-- more money. It is separate from the liquor license. Councilman Ambarian said
T` the purpose of the City name on the license is:
'. a. It is a Cityrowned facility
~~`+~ b. Two tenant's ago, they tried to sell with our name on the Iicense.
f The ABC Board have told lessees the l0o fee makes us part owners, this is
, K, `'{ wrong. Our name on the license protects our interest. The percentage of
~~ ~~ the gross was an incentive to lessees to increrise business .$25 , 000 is only
'~ one-half of the space, it could be increased. and the profits will increase.
~" k Councilman Aber noted we get 10 a whether our riame is on the license or not.
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_...T .I Counc32man Ambarian said the liens against F.itel and Butter are holding up
the lease with the new owners, but they nre not against the City. Atty. nelahay
, ~, said the Ietter does not require Council action . Any control we can have over
`; the license is to the City's benefit. ~'f~yor n'Reilly asked Atty. l~elahay to
; I, check into the legelity of the license. Councilman ~1easles asked of the City's
-~--" `~ liability in a lawsuit. Atty. Delahay anstvered we are responsible for the oper-
=-, - j ation if our name is on the license. Chief Ross explained, at Mayor O'Reilly's
~ request . that the license cannot be transferred , it must be at the airport .
~;
,~ Councilman Aber asked about liability. Chief Ross said we have insurance that
-- ~ states we have liability as a bar-ozvner. ~+'e are on the license, the building
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KENAI CITY COUNCIL
NOVE;IIBER 21. 1979
Page 22
lease is too far-fetched for liability.
Mayor O'Reilly discussed Cinderella St. The line is not a secHon line. The
property was sold without a survey or right-of-way. bir. Brown tried to
contaet the owners, but could not. The land lies under power llnes, is
brushed out. The City ~vent ahead cvith the project.
.,
H-3: Mayor's Report ~
None ~,~- ~w ,~o-~, ~~"y L~ ~'-"~
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H-4: Clerk s Beport ~ ~„Q y~~ti~~~~
~ ~) ~
Councilman Ambarian explained h s negative reply the telephone poll,
regarding the cutting edges for the grader. He felt it was bad management Z
to wait~ fo~r~ the snow . ~ ~ ~~ ~-
G~~(L~/y! ~ G~/~ r^' a~%Z~
H-5: Finance Director's Report ~.. o
~'
None
H-6: Planning & Zoning Commission
Couneil~voman Glick said at the meeting of November 14, the Comnrehensive i
Plan was discussed cvith corrections and additons. LIttle comment was made.
i
A zone change was made. ~
The Commission reviewed approval of Taxiway C and unanimously agreed that {
the Council should explore any ~vay to enhance development as soan as possible. ~ a: ~
Mayor O'Reilly noted he would like to have the State's share of the funding es ~
mentioned by Pat Ryan be accelerated. Iie has tvritten him a letter. Council- ~
woman Glick said the water study survey was discussed~people who spoke j ~„p~ :
felt industry should pay for water needed, this duscussion was well-represented. '~y ,,_ ~
Mayor O'Reilly complimented C4unc woman Glick for chairing the committee. ~~ t,,~„L. ;i
' ~l?~t~ew~,~ E ~,~. ~„ a
~•~~w ~c~ :syoman Glick said th~Commission Ac no~vledged i eceipt of the letter fr~m ~_ •
the ant~•-annex~tion committee. P'~ ~, '
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H-7: Kenai PeninsulA Borough Assembly ~L~~" J
~~ ~
Councilman Ambarian said the Borough lands will not be considered for the ~
land sale until ihe suit is settled. There '~20,040 Feder~}I Revenue sharin~ ~~
for the Kenai Peninsula Convention Cente~ a„~ pa,z~ ;
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KENAI CITY COUNCIL
NOVEMBER 21, 19?9
Page 13
H-8: HRrbor Commission
D4ayor O'Reilly directed the administration to send R letter to Ser~ Catch. He
would like to have consultants prepare a report on rivers, regarding the small
boat harbor study. Couneflman Ambarian nated the Borough Port & Harbor
study ~vill have a rewrite of Kenai River problem by the Aec. 10 meeting.
He is concerned about a possible split between Harb~r Commission efforts
and the Borough effort. He is not a~ainst the HArbor Commission effort, but
a cooperative effort would be better .
Councflman Aber said ~5,000 can't do much, he will aet a copy of the old
Dept. of Engineer's report. ~Ve cannot do anything about the river pr~blems
with $5.000. Councilman Ambarian said he would Iike to meet with Bob
Peterkin and see. Aiayor O'Reilly noted we should ~et with the State legislators
long before the session
Councilman Aber said the $600,000 available for development of harbors has
been there a long time. lt'layor O'Reilly asked Atty. Delahay if the money
can be used for development. Atty. Delahay said he wfll check. Councilman
Aber said this was researched before, we need a feasibility atudy first.
Councilwoman Glfck asked if this would include planning. Mayor O'Reilly
said Councilman Ambarian will meet with Mr. Bigelow and Bob Peterkin, we
need a temporary plan. Counci2man Aber said the government would require
a study . Councilman Ambarian said b7r. Bigelow is re~vriting the study .
Mayor O'Reilly discussed the Tract D, Roper proposal. He recommended it not
be approved. Councilwoman Glick said Mr. Roper has a lease on Tracts
B&C. He signed the rights over to Kenai Harbor Development, was this con-
sumated? Maqor O'Reilly replied the Hnrbor Commission is tryin~ ta keep
Tract D out of the Tracts B&C problem.
Maqor O'Reilly directed the adminiatratfon to send a letter to the federal gov-
ernment applqing for Port of Entry atatus for Kenai .
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KENAI CITY COUNCIL
NOVE~41BEft 21, 1979
Pag,'e 14
r -~ -r ~
,; I biayor O'Reilly discussed the Tract A proposnl and su~~ested adminis-
~ tration ~et local firms to give cost eRtimate$, rouncilman Aber ~aid he
i doesn't want to, but it would cost m~re money piecemeal. Councilman
~ Ambarfan asked that ft be nut on the next agenda so we can study it.
Two Iiarbor Commission mPmbers recently went to Seward for a meetin~,
and there were some unused funds. They requestPd the Council t~ let them
use the balance tc~ go to Cordova for st meeting with harbor officialR there.
MOTION
Councflman 1~'falston moved, aeconded by C~uncflmnn geaman to have the
Harbor Commission use the unused funds to go to C~rdova.
Motion passed by roll cail vote .
I. PE~i$ONS PAESENT NOT SCHEDULED TO BE HEARD
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Ruby Coyle: The Harbor Commission should be commended for the direction
it is takin~. ~Ye have been a first class City for 20 years, and nothing has been
done for the river and harbor area. We should ~o full speed eh~~d to develop
the river, the Councils have not done their share.
~he also mentioned the ~Yater Resources Hearfng t~•be held 1!~(ondr~y ni~ht. As
we get industry, we will nced a water linc. ~~'e should push for this. There
wae no concern shown for 4chedule A fn the report, we should object. If
they go above v~ells to give water to N. Kenai , the City ~vill suffer , why not ~
go to the Kenai River tind forget Schedule A. C~uncilman Aber noteci that ~
there is an ordinunce that requires approval by the C'ity to drfll within the ,
City. Mrs. Coyle su~gested the City xhould research this ~rdinanc~ to see `
if we have rights to the water, rouncilwomRn Click r~id the meetina of ~
Dec. 3 will go into this, then the Aorou~h ARSemby acts. If there is mueh ;
comment, there will be a second meetin~. Rhe nsked Atty. Delshay to re- '
search this ordinance. ~
a
biayor O'Reilly said the Ietter from Glacier ~tnte will be discussed nt the
Thur»day night meeting, Rnd asked the Clerk to notify ~4r. Iiamnton ~f the
meeting.
ADJOURNAI~NT
Meeting adjourned at 10: 25 PDZ.
Respectively Submitted,
~j ~~nL~~ `/ ~~-~'/~ ~~ Jt~net tYhelRrt, City CIerk
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KEKA1 CTTY t'AUNCIT, - RE(iUGAA MP.BTIN[3
A~C~f1TBkA I~, 197~
PI~DtiE OY ALI~QiANCE
. __~,....n.acl~:.~:c,r~aa.~rf.•.:,~
A. RULL CALL
. ~ - - - •~ - - AtiEDiDA APPIiOVAL
= B. PUSLIC NEARJNaB
1. Ordfnanee 537-?9 - CnAflying 1979 ~,ode. Pcreonnel Ordfnence
, • ot the City ~.ode as Title 23
~ ..- '-... Z. Ordltwsrce '541-79 - Atnending Title 7 of the Kerud MunlciAal
-- - ' Cade
3. Ordinance 442-7~ - Amen4ing Tftlo 4 of the KenM Munioiptl
CadO
C. PERBONB PRSSSNT ACHEDUfED T0 SE HEAAD
D. MJNUTES
~
'
l. a~irweea ot:eQutas ,neecir,g orxovember n. I~7~
~ 2. ~tes oi reQular meetlr~ ot Aecembas S. 1879
8. CORRESPONDENCE
;; P. OLD SUSINE88
i. a~ac~er R~ase siu
~ 4. Day Case Cesttet
(i. NEW SUSIIJESS
~ r ± I. Bil1a to be psid. bfll~ W bo ratitiod
1 4. Requisition~ excoeding fbQO
,~ c", ~ C~ 3. Ordinar-ce 843-T9 - Amonding Title 10 ot Konai Mur-itsipel Code
~ . ( ..a.r
l~ ~ 4. Osdit~attco 814-?~ - Emorgenoy weivor ot Titlo 20 segasding
; ~. ~j. tsanspostotlon
' S. Rewlntion 7~-187 - Conetruotton t MimaRemerit ot CS~1cc Conter,
i y ~ aDprwal
' I
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~ 8. ItesoIutlon TO-168 - Tsenefcn ot [ands - Air~ort Land Rystom 8udgof
1; to Ttsd porii a As~oa. fos oonsuldng -=1.000
1 ?, itetoluelen ?9-IBA -"'ranef~.r of funda -~fenoral PunII Sudga! to ttichard
ir ~ ~
~ n~mett ~ Klinkor. Attoxnoy fces, ~3,500
, 8, ftesolution T9-170 - Transter o! Funds - cfenorni FunQ Budgot tor
- ~-'
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~/ apprefsing donerel Pund lande - tB00
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9. Reeolution 99-ITl - Transfer of funds -(3eneral Pund Budget to
purchase porteble hentes !or finHnee department - E80
10. Resolution 79-I72 - Re~eeting bids for pnrchese ot Fire Depart-
ment rescuc vehicle
A. Resolution 98-173 - Pixing ratos to be eherged by tezicabs within
the City of Kenai
~ 12. Reaolution 79-174 - Houae rwmbering aystem
13. A~si~menf of Lease - Thomes timith to Ron Rwanson
14. (iemes ot Chenee t Skiil - Peninsula Mlers
15. Tract A Proposal
Ie. Esqm~te N3 on Well House t101, payment
17. Casmen aitttoli, aschiteed~ral ~esvicea for City Hnll, 34.900
18. Cfi2Ai fiill - oewer pro~ecta design - 545,700
H. REPOATS
1. City btanager
2. City Attorney
3. Ateyor
4. City Clerk
5. Pinas~co DireMor
6, Plnae~ing a Zoning
?. Kenai BorouQh Aaembly
8. Harbor Commiaaion
I. PERSONB PRSSENT NOT $CHEDUi.ED TO BE HEAR1)
ADJOURNMENT
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I~NAI CITY COUNCIL - REGULAR MFETI?JG
~ DECEMBEFt 18, 1979 - 7: 00 PM
~ KENAI PUBLIC SAFETY BUII.DING
- MAYOIt VINCENT n'REILLY PRESIAING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present - Ron Malston, Mike Seaman, ~incent O'Reilly, Ed Ambarfan.
Betty Glick, Raq Meesles
~ Absent - Phal Aber
Maqor O'Beillq acknowledged a gift of Christmas cookies from the
Senior Cftizena. ~
A(~ENDA APPAOVAL
~~'"" ~ Agenda was approved as distributed.
~ B . PUBLIC HEARINGS
B-1 Ardinance 53?-?8 - eodifying 1979 Code, Personnel Ordinance of
~ ~ " I ~ Title 23.
o} ~
° Councilman Ambarian requested action on this ordinance be held until
~ . Council work sessfons can be held.
, Couneil so voncurred.
~ B-2 Ordinanee 541-?9 - Amending Title 7 of the Kenai Municipal Code
,
MOTION:
-:- ~
,~" ~; ;~ Couneflman M~-lston moved, seconded bq Council~voman Glick, to approve
J_s , the ordinance.
~
'~'. ~ J There was no publie comment .
:{ Motion passed unanimously by roll call vote.
~~ ~~ ~
B-3 Ordinanee 542-79 - Amending Title 4 of the Kenai Municipal Code.
- , o_
-;'- i MOTION:
-=- ~~ ~ Councflman Malston moved, seconded by Councilman Seaman, to approve
~ • ; I the ordinaace .
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. ~ KENAI CITY COUNCIL
DECEMBER 19, 1979
PAge 2
. ~ Councilman Ambarian asked Atty. Delahaq if the ordinance applied to
- ' trailer courts. It is not spelled out in the ordinance. Atty. Delahay
' ' said he wiA check into this, and requested the Council postpone action
~ until he ffnds out.
MOTION:
Councilman Ambarian moved, aeconded by Councilwoman Glick, to table
the initial motion until Atty . Delahay completes his research .
Motion passed unanimouslq bq roll call vote.
_- _.__~ C PERSONS PRESENT $CHEDULED TO BE HEAAD
~ None
D MIIJUTES
~~ D-1 Minutes of regular meeting of November 21, 1879
{
Councilman Ambarian requested review of the minutes with the Citq Clerk
a$er Chrietinas.
-; - - Council so concurred.
-- D-2 Minutes oP regular meeting of December 5, 1979.
r Councilman Ambarian requested review of the minutes with the Citq Clerk
' after Chrfstmas.
~ ~ ~~ ~ Council so concurred.
Mayor O'Reillq noted to the Council a letter from the U.S. Corps. of
Engineers for their review .
Mayor O'Reilly received a l~tter from desse ~t'ade, copies had been sent
to the Council. Councilman Ambtirian stated Mr. ~Vede was aware that
assessments are neade bq the Borough~ not the Citq. Maqor O'Reilly asked
if thi.s also applied to personal propertq relief. Councilman Ambarian said
this was the same thing. Mayor a'Reilly directed the administration to
send a letter to b4r. iYade stating that nssessments are mude by the Borough.
Councitman Ambarian said the 2etter should P.cknowled~e Mr. SYade's letter
and the facts should be given.
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KENAI CITY COUNCIL
DECEMBER 19.1979
~i Page 3
Council so concurred .
v-
F OLD BUSINESS
F-1 Glacier State Eill
~ Councilwomati Glick said lsst Tuesday the Public Works Committee had
I a meeting. After going over the information, it was determined most
i was relocation costs and should be borne bq the phone companq . The
Citq shctiuld not pay .
~ I MOTION:
Counc3lwoman Glick moved, seconded by Councilman Ambarian, to send
a letter to Glacier 3tate stating the Public Works Committee had a meeting
- and decided the Citq should not paq.
~
' Motion psssed unanimously bq roll call vote. ,
~
Councilwoman Glick noted Atty. DelAhaq coulfl help ~vith the letter.
~ F-2 Daq Care Center
Maqor A'Reilly noted the representativea of the Day Care Center were
~ not here . they will hold until later .
-- G NEW BUSINESS
G=I Bille to be Paid, Bills to be Ratified
~;,
- . ~ ~ ~ ~ ~ MOTION:
,~
~ Councilman Malston moved, seconded bq Councilman Measles, to approve
~''y F~a the bills as submitted in the Council packet.
~ i~ ~
~ f~ 4 Council~voman Glick noted the bill to Garnett, breakdown. Do we have
~..~- a running account? Finance Director Brown said yes.
; ,
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; ,,~ i Motion was approved unanimously by roll call vote.
~, .
; ;~ t3-2 Requisitions Exceeding $500.
_ _, ,
- ~ MOTION:
_,~ ~ ~~
- ;~ I Councilwoman Glick moved, seconded by ~''euncilman Ambarian. to aparove
-- ~ the requisitions as submftted in the Council packet.
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W?NAI CITY COUNCIL
DECEMBER 19, 1979
Page 4
Motion passed unanimously by roll call vote.
G-3 Ordinance 543-79 - Amendin~ Title 10 of Kenai A4unicipal Code
MOTION:
Cauncilman Ambarian moved, seconded by Councilwor.ian Glick, to intro-
ducethe ordinance.
Ther~ was no public comment. ,
Motion passed unenimously bq roll call vote.
G-4 Ordinance 544-?9 - Emergency waiver of Title 20 regarding Transportation.
Atty. Delahay explained 5 votes were needed for an emergency waiver
introduction .
MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, to intro-
ducethe ordinance.
Motion passed unanimously bq roll call vote.
G-4 t2nd reading) Public Hearfng was held.
Attq. Ted Carson, representing George Miller, spoke to the Council.
He said passage of the ordinance V~ould facilitate ~etting started . Mr.
Miller has 2 cars ready in Soldofia. Theq are prepared to get into ser-
vice immediately. Theq would like a wr~iver of paint preparaHon and
meters Remporarily. Counc3lwoman Glick asked if it is A hard job to
get metering devices. Since money is being charged, meters are of the
utmost fmportance. Atty. Carson replied the main problem is qetting
their calls returned . Theq anticipAted getting them bought this after-
noon. He promised to call Seattle and get them ripht awaq. He noted
they ha@ alot of money at stake, as it is the Christman season. Council-
woman Glick asked if they could use the meters from Bert's Cabs. Atty.
Carson replied yes, they had thought they could purchase them. The
cab company has been sold, and the former owner is claiming the equip-
ment for the debt owed. They would prefer not to get embroiled. Council-
man Ambarian asked Mr. Carson how long it would tnke from Seattle. Atty.
Carson replied possibly less than a week . l;auncilman Ambarian asked
if theq could get it tomorrow by Wien. Atty. Carson replied it is a possi-
bility. They have made time estimates conservative to not lose faith with
the Council . Councilwoman Glick asked , cvithaut meters , how do you
keep traek of the funds. Hosv does the customer know? Atty. Carson
replied by odometer readings, s~s described in Ordinance 20.04.160.
Councihvoman Glick said her concern is that yau are not put in jeopardy.
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~ KENAI CITY COUNCIL
` DECEMBERI9, 1879
~ Page 5
She further suggested a trlp sheet that the driver could record . It could
be a continuous record on a trip sheet. Taxi jeopardy and people com-
plaining to Council about befng "gyUped" would be avoided. Atty. Carson
conceded this was an excellent suggestion. Councilwoman Glick asked
Atty. Delahay for his opinion. Ariy. Delahay replied it would noi take
the plece of a meter. A meter is required in the ordinance so the passenger
can see the meter. The passenger cannot read the odometer. Even if the
driver writes it down, the passenger can complain. The painting is not
important, but this protects the City. Councilwoman Glick asked ff a trip
sheet and odometer could be included in the emergencq ordinance as a
temporarq waiver. Attq. Delahay replied it could, but it would be obvious.
The portion Atty. Carson read is already in the ordinance. A receipt is
seldom done, he added "if the passenger requests." Chief Ross spoke
to the Council, explaining that meters are hard to come by . An alternate
to the odometer is zoning. The customer tells the driver where he's go-
ing and the driver computes the fare before he leaves. This would be
a simple way. Maqor O'Reilly said the way this resds now, the Chief's
suggeation could be put in ri~ht now . Ariy . Delahay said qes . it is much
better than the odometer.
~ Publfc hearing was then closed.
i~~1~~~~~
Councilman Ambarian moved, seconded by C.ouncilman Seaman, to amend
the original motion to delete a portion of 20.05.160 regarding the Citq Man-
ager, and add "not to exceed 14 daqs."
~. y
Couneilwoman Glick asked Atty. Delahay how he felt about deleting the
section regarding the City Manager. Atty. Delahay replied, Put a limit-
atfon on time if qou wish the Cfty Manager ta limit to 14 days, the clause
should be left in and just insert the sugp,ested language between "period"
and "which", which wouldn't hurt anqthing. Mayor O'Reilly asked Atty.
Carson f s that would cause any difficulty . Ariy . Carson replied the only
difficulty is the painting. Atty. Delahay noted the amendment applies
onlq to meters. Atty. Carson said okay. na problem.
Motion on amendment to Ordinance 544-79 was approved uaanimously
by roll call vote.
Main motion Yor approvtil of nrrlinance 544-?9 wAS Approved unanimously
by roll call ~vote.
~ G-5 Resolution ?9-16? - Construction & N[anapement of Civic ~enter. Anproval.
~
~' T _ _ . _ 'i' ~ ` ~a `~ 1 .~- . ---r- -`~1
KENAI CITY COUNCIL
DECEAIBEA 19. 19?9
Page 6
Mrs. Settles explained the resolution was neecled in order to move for-
ward with the Civic Center. Mayor 7•Reitly explained the sequence is
December 13 the Council and Chamber of Commerce will meet with the
Legislators . In addition to that we have received fnformation that in
order to quslify ~vith the other Civic ('enters proposed around the State
it's necessarq that eame municipal bodq assume willingness to administer
funds for construction and management of the Civic facility. Atty. Delahaq
said in referring to the law itself, besides being willing to manage the
facility .
a. The praject must be endorsed by a governing body or an arts
committee.
b. The Commissioner must be satisfied that the sponsoMng muni-
cipalitq has uuthority to provide and maintain the facilitq , is
able to provide local share of project costs, and will be finan-
ciallq able to maintain and operate the facility upon completion.
e. The municipality provides information regarding costs.
d. The completed application must be submitted to "various people."
e. A summary of annual maintenance must have approval of the
general public.
Atty . Delahay stated he was not at all sure the cjommunity maq have to
pay for the maintenance, and the public should know. Maqor O'Reilly
asked if we can do as an arts committee. Atty. Delahay replied yes, we
have no arts committee. Mayor 4'Reilly a~aked if the funds are available,
do we still have to have a vote of the people. Atty. Delahaq said the cost
to the Citq is 10$ of the total cost. Councilman Malston asked if the v~te
wasn't done in 1971. Atty. Delahay replfed it was not for this specific
money end many of the people who voted on it are ~one. Councilman
Malston noted the money is still there and it was noted on. Atty. Delahaq
agreed with Councilman Malston, but said Mrs. Settles needs approval
right away . Councilwoman Glick said at the last meeting the costs figures
were $3.5 million, now it is up to $5 million. How did it get from $3.5
million to $5 million. Mrs. Settles explained all plans are preliminary,
they are figuring $100 per square foot, using basic plans made several
years ago. without a health center. 2.700 squsre feet is $3 million, the
extra is to "outfit" it. Councilwoman Glick asked if they h~[d an alternate
plan. Mrs. Settles replied they ws~nted to give the citizens what they
asked for. The proposal ~vill go to Juneau, to Committee, then to the
Commissioner. They can't be sure if it will ~;o through. The money is
pretty sure to be available. we need to get a proposal in now, we can
change it Iater if needed.
Mrs. Glad note@ the ffgures A'Irs. Settles is using are from the'.Viayor's
Committee report of last year .
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KL'NA1 Cl'1'Y CUUNCII.
DECEMBER 19 ,1979
~ Page 7
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Mayor O'fteilty asked does the resolution show a willing~ness on the part
of the Committee, not an irrevokable committment? Acting City Manager
Brown eacplained the resolution does not bind the City to matching share,
it is impossible to do because figures are not known . It onlq shows
willingness . Councilman Ambarian said as much as he would like to
see it built. he does~i't think the City can take on the responsibility of
maintenance. It is sad that at the lBSt election, an auditorium in the high
~ school was turned down by this City. Councilman Tdalston said, after
; the acting City Manager's comments, he doesn't believe we r3re c~mmitting
~ ourselves to anything. It maq change. One reason this was not buili in
~ 1971 election was the State's funds were not approved. Now we have the
I funds.
Mayor O'Reillq said the summarq statement should be dealt with slso.
Mr. Brown said most of the summarq statement refers to needs. The
laet paragraph states the City hae the finel responsibility.
11iOTION:
Councilwoman Glick moved, seconded by Councilman Measles, to give
_ Acting Citq 14ianager Brown the authority to sig-n the last paragreph.
_, There was no public comment.
Motion was approved unanimously bq roll call vote. ~
MOTION:
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Councilman Malston moved, seconded by ~:ouncilman Measles. to
approve the resolution.
There was no publfc comment.
Motion passed bq roll call vote. with Cauncflman Ambarian votin~ no.
G-6 ~tesolution 79-168 - Transfer of funds, Airport Land System Budget to
Ted Forsi & Assoc . for conaulting -$1, 000 .
MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, to approve
the resolution.
There was no public comment.
Pdotion passed unanimously by roll call vote.
a-7 Resolutfon ?9-169 - Transfer of funds - General Fund Budget to Richard
Garnett ~ Klinker, Attorney fees - $3.500.
MOTION:
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I{ENAI CITY COUNCIL
DECEMBER 19.1979
Page 8
Councilman Ambarian moved, seconded by Councilman Malston~ to
approve the resolution.
There was no public comment.
Motton was passed unanimously by roll call vote.
G-8 Resolution 79-170 - Transfer of Funds - General Fund Budget for epprafs-
ing general fund lands - $8Q0
MOTION:
Councihvoman Glick moved, seconded by ~:'ounciiman *Ralston ~ to approve
the resolution.
There was no public comment
Motion was passed unanimouslq by roll call vote.
G-9 Resolution 79-I?1- Transfer of Funds - General Fund Budget to Purchase
Portable Heater Yor Finance Depsrtment -$80
MOTION:
Councilman 5eaman maved, seconded by Councilman Measles, to approve
the resolution.
There was no public comment.
Motion passed unanimously by roll call vote.
._ G-10 Resolutfon 79-172 - Rejecting Bids for Purchase of Fire Department
~ ; Rescue Vehicle .
' Acting Citq Manager Brown ssid the City was made aware todaq that the
.~ ,~ total coul.d be $1.000 less than the $28,774. The extra $1~000 was to show
`' ' the Department how to use the vehicle.
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' ~ MOTION:
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_~; Councilman Ambarian moved, seconded bq ~'ouncilman Aseasles~ to approve
~? the resolution.
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'~ Mayor O'Reilly asked Chief ~Vinston if it was his wish to reject the bids.
;_ ~~ Chief ~Vinston replied they had only allotted S20 , 000 ar-d it was the opinion
~, ii of Mr. Brown that the best way would be to reject all bids and then se~
--- if the Council would allocate more funds. Councilman Malston said he
= had 2 questions. Is Federa2 Revenue Sharing Funds the reason the $20,000
~. ;, figure was set? Chief ~Vinston replied their infarmation at that Hme ~vas
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KENAI CITY COUNCIL
^ DECEN!EER 19,1979
~ Page 9
they could purchase it at that price. Ccsuncilman Malston then asked if
they added more equipment. Chief Winston said no. Councilman Malston
asked ho~v much money was left in the Federal Ttevenue Sharing Fund .
Mr. Brown replied $27,250 is the minimum figure. it could be greater.
~11e are only one quarter into the federal year.
MOTION:
Couacilwoman Glick moved, seconded by Councilman Ambarian, to
ament the resolution to accept the bid in the amount of ~28,774.
Mayor O'Heilly note3 the amendment will substantiallq change the res-
olution. but he will vote for it. He asked Ariy. Delahaq if this was par-
liamentarq acceptable. Atty. Delahaq replied qes, if we go this flgure,
but he wondered if it was worth having a man oome up t~ show how to use
the vehicle. Chief Winston replied no. onlp the electricsl generator is
different than a regular vehicle. Mayor O'Reillq asked what the trans-
~ portation costs were from California. Chief Winston replied 33,600 with
engineer. P1laqor O'Reilly noted Council should realize they must come
up with additional funds. Cauncil~voman Glick suggested the administration
^ get additional funds from Federal Revenue Sharing Funda for the ne~ct
~--~ meeting.
The amendments to the resolution were passed unanimously by rvll call
vote. '
There was no public comment.
The ma~n motion passed unanimously by roll call vote .
G-11 Resolution 79-173 - Fixing rates to be Charged bq Taxicabs within the
City of Kenai.
MOTION:
Councilman Ambarian moved , seconded by Councilwoman Glick . to approve
the resolution . .
Attq. Carson spoke. He said the taxi is ready to go, the rates have not
been changed eince 1975. Taxis are dealing with firm costs that have
gone up faster than the regular cost of living. He is using figures from
the Borough OEDP. Gas prices have increased ?5%. Compared to Anchorage.
Kenai does not have the service area Anchora~e has. Kenai does not havc:
. a. Back hauls
~ b. Group gas purchasing
~ c . Volume
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KENAI CITY COUNCIL
DECEh4BEA 19, 1979
Page 10
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We ttave not changed our rates since 1976; our proposal, comnared to
Anchorage:
Waiting time same
Mileage 60$ over
Flag Drop 50$ over
On the last Council action. we were 100$ above Anchorage mileage and
50$ flag drop . One fmportant difference, in Anchorage they have live
meter, time and cost are both added, we don't charge waiting time.
Cauncflman A'tslston asked, why does Anchora~-e use live meters. Attq.
Carson replied our ordinance dcesn't allow it, and we thought we eould
handle it at this rate. Gas costs are still going u,r, we may have to come
back in one year.
Plir. Rimes, Mr. Miller's accountant, spoke. They researched the priar
cab companies i:t coming up with thefr package. They proposed 2 cabs,
1-24 hr. and 1-12 hr. The present rate is minimal, projected income is
not great, but they feel they can live with it. The reason theq are asking
for an increase, there were several cab companies in the paet, we have
~ none now. We need this much. Councilwoman Glick noted the payroll
is low, will Mr. Miller drfve a cab. r•4r. Kimes said 40$ of what they
take in as wages are expeditors.
Atty. Carson said this request is not "half again of what we need."
we did not ask for more than we needed.
Motion passed unanimouslq bq rol2 call vote.
G-12 Aesolution 78-174 - Iiause Numbering System
MOTION:
Councilman Ambarian moved, seconded by Councilman A'[easles, to approve
the resolution.
Public ~Vorks Director Kornelis said this is self-exnlanatary ~ it has been
before Planning t~ Zoning.
There was no public comment.
Motion passed unanimously by roll call vote.
G-I3 Assignment of Lease - Thomas Smith to fton Swsnson
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I KENAI CITY COUNCIL
~ , _ DECEMBER I9, 1979
( _ Page ll
~ ,~ ` MOTION:
I Councilman Ambariun maved, seconded by Councilwoman Glfck, to approve
~ the assignment of lease .
Motion passed unanimouslq by roll call vote.
G-14 Games of Chance & Skill - Peninsula Oilers
M~'TION:
I Councilman Ambarian mc~ved. seconded by Councilwoman Glick, to approve
-- the application .
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; Motion passed unanimously bq roll call vote.
i G-15 Tract A Proposal
~
~ ~~ Maqor O'Reilly noted that ~dmfnistration is researching the $100,000
figure Councilman Aber braught up.
i ,~
I J G-16 Estimate #3 on Well House #101, Payment
'
~ MOTION:
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; Councilwoman Gliek moved, seconded by Councilmsin *'Ialston, to approve
~ the paqment.
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'' Motion passed unanimously bq roll call vote.
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G-17 Carmen Gintoli, Architectural Services for City Hall -$4,900.
~ . ~ ;~ .
I ; • ; . ~ MOTION:
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!', ?~ y t~ Councihvoman Glfck maved, seconded by Councilman Malston, to
~ ; ;; approve the payment.
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~~,` ~ l~iotion passed unanimously by roll call vote.
~ , _; ,. ;;
I~' °~ ~; Actin~ City Manager Brown noted Mr. Gintoli has moved onto the next
~.~ phase af the contract, we never approved the first phase. We should
~~ have a motion to approve the schematics. Atty. Delahay confirmed the
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=- - need for a motion by the Ccrancil.
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' '~~ MOTION:
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-. 1 KENAI CITY COUNCIL
DECEMBEA 19, 1979
PPge 12
Councilwoman Glick moved, seconded by Councilman Measles, to
approve the schematics for the City Hell.
Councilwoman Glick mentioned that Pl~r. Gintoli had made a presentation
before the Planning & Zoning Commission. She felt the health facilities
are a necessarq item.
Motlon passed unanimously by roll call vote.
G-18 CH2M Hill - Sewer Projects Design - A45,700
MOTION:
Councilman Ambarian maned, seconded bq ~ouncilwoman Glick, to
approve the paqment .
Motion passed unanimouslq by roll call vote.
, H-R13PORTS
H-1 City Manager
I Acting City l~Zanager Brown said regarding the Coastal Energy Impact
program. funds are left rnrer and could be used for the topogrsphic
~° ~ ' mapping work. However, he needs authority to transfer the funds.
; MOTION:
.
~ Councilman Ambarian moved. seconded by ~ouncilwoman Glick, to
~. f give Mr. Brown the suthority to transfer the funds .
`~ ,,' Motion passed unanimouslq bq roll call vote.
l~: , '
~ Mr. Brown then noted the Council on the A~ing needs a letter of intent
. to them prior to submitting the ~rant budget for the 80-81 qear.
;
~ ~ . MOTION:
,~
= Councilman Ambarian maved, seconded by Councilman 1-4alst~~n, to
~ authorize adminiatration to send the letter of inient .
~ ~ ~ .
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~.
_-~--_- ;
~,,,<< ~, Councilwoman Glick asked Mr. Brown, regarding the Dept. of Revenue
-_ ___{ facility, did the State chsnge their minds, or do ws need revisions in
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KENAI CITY COUNCIL
• DECEMBER 19.1979
~ Page 13
~ the City Hall plan? Mr. Brown replied according to the agreement,
w the State can take it back . They would take it back whether we built
the facility or not, they want it back because ef the volume. He also
noted he had made it clear to the State the ~ouncil ~vanted the facility.
H-2 Citq Attorney
' Atty. Delahay refered to the letter regarding Social Security, and that
i no action ia required.
' ~Yhile he was in Juneau. with the Municipal League, many bills were
passed . He will review them with s~nyone on the Cauncil who is in-
terested.
H-3 Mayor
Maqor O'Reilly nominated James Blanning to the Planning & Zoning
Commission.
• MOTION:
- Cauncilwoman Glick moved. seoonded by Councilman Ambarian, to
approve the nomination.
Motion passed unanimously by roll call vote.
• ~
;; Mayor O'Reillq noted the proposal to be presented to the legislators
~ tomorrosv, and reminded the members of the meeting. He explained
~ that the thrust f th tati i th i i
, o e presen on s at t s not a laundrq list, it
3 ( is from the Council, the Administration, etc. The benefits are:
,,,
,
i a. The job potential
~ ~ b. The long-term area & city benefit
.~ ; ;
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'~ If funds are to be available in Juneau, we should msike a reasonable
~~~~ effort to procure them for our area.
; Airport ll4ariager Swalleq spoke on the air freight terminal proposal.
~ He questioned the advisability of requesting funds for the project in
' view of the applications for lease. ~Ye have the applications on file.
~ ~ We would be in competitfon.they could not compete with us. He said
-~-- he contacted one applicant, ~vho said he was shocked , and he might
_____ _' have to withdraw . Councilman Amberian said not ell projects will be
_-- ~ funded. Sometimes we have to stimulate in arder to start things moving.
We should leave it in. Mayor O'Reilly asked l~~r. Swalley, in tallcing
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KENAI CITY COUNCIL
DECEMBER 19,1979
Page 14
to the applicant, would he immediatelq withdraw? Mr. Sivalley replied
no, but the applicant indicatc~d he would have to do some serious think-
ing if we went into competition. Also, there is prime property there,
if we discourage others . property value goes down . Mayor O'Reilly
said if the City built the terminal, rates tvould be so low, it would drive
private business out. He agrees with Councilman Ambarian that the app-
licant may not reaily do it. Further, as Mr. Swalley stated before, it
might lotver values. Councilman Ambarian said even if we had the project,
it would not be Council's intention to run the facility . t'le could get pri-
vate individuals to run it. Maqor O'Reillq noted there was no problem
there, the other applicant just couldn't compete with the City charges.
Councilwoman Glick suggested it be put further down on the list. ~1~ien
might want to build a terminal also . The applicants have shown an in-
terest. Government should not compete ivith private enterprise. Not
all the projects will be funded. ~ Councilman Ambarian said all the Council
agreed that tqpe of facilitq is needed, whether. private or public funds.
Right now we have nothing but promises. Maqor O'Reilly referred to
a further list, and the recreation list. Public Works Director Kornelis
explained that there is a difference between lists. The lst list is labor-
intensive, there would be jobs after construction. The 2nd list is for
jobs just during construction, but we would have a facilitq afterwards. --
Mayor O'Reillq remarked that Rep. Malone revi~wed the list with him _
and Courtcilwoman Glick on Dec . 1S ~ 1979, and noted if we just hand the
list to them and not follow threu~h,we are fools. Anchorage has weekly
visits to the legislature from voted officials, we need to go to Juneau
to promote budget funds. for 2 reasons:
a. Local legislators can't get to all the meetings.
b. Theq can't compete with the organized efforts of the other
communities .
Legislators wish ta communicate with the elected offfcials, as these
officials have the vote of the people. Councilivoman Glick said if the
Council agrees, we should send the list fmmediately to those involved
in Juneau. She would like to send the delegates and call to Juneau for
direct communication. We should "pu~h and shove like the other guys."
Mayor O'Reilly noted that 4 months of the legislature, 2 visits per month,
a total of 15 visits .~If we are willing to put in that kind of effort , they
will know we are sincere. Councilman Ambarian said there will be more
fighting at the City level than at the Rorou~h level. Mayor O'Reilly said .
we will need $8.Q00, are we prepared to do this?
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles, that `~
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KENAI CITY COUNCIT,
DECEMBER 19, 1979
~ Page 15
regarding the Capital Improvement Project, as presented to the legis-
i lature tomorrocv , the Council will commit funds for trips to Junesu to
follow through with the prajects.
Motion passed unani~,nous2q by roll call vote.
~ H-4 City Clerk
None
; H-5 Finance Dfrector
None
H-6 Planning & Zoning
Councilwoman Glick said at the last meeting the public presentation of
the proposed Citq Hall was made. A lease application was considered. .
An sirport lease was considered , the Fidalg+o lease will need tvater &
sewer and pushed through the State to satisfy the applicant. The Planning
~ Commission has approved the lease and passed on the original applica-
tion, the car wash never came back. Councilman Ambarian noted the
time to consider water & sewer and street improvements is when the lease
is submitted. Mayor O'Aeilly asked if there was any priority on water
& sewer through Bidarka. Public Works Director Kornelis replied it
wae #2 on the "want list." Mayor O'Reilly asked if there anq citq funds.
Mr. Kornelis replied no. Councilwoman Glick noted she believed the
man is quite serious, as Councilman Amb$rian statect, he tried to change
to a different lot~ but it won't work out. biaqor O'Reilly said we can do
nothing to assist. Councilman stated there was no Iease application.
Mayor O'Reillq noted there no moneq either. Councilman Ambarian ex-
plained the Commission just approved the idea, we have nothing on
paper. Councihvoman Glick said the lease application was approved
by Ps~Z. We should have it by Januarq. Will the administration have
it ready by then? Mr. Brown explained we will have to have an apprsfssl
first. He didn't know where it stood at that point. ['~uncilcvoman Glick
asked if there was no comr.~unication beta,reen Planning~ to the administration
and to the Council. P/ir. Brown replied yes, the public ~vorks secretarq
comes to him. Councilwoman Glick aRked if this was not done. Mr. Brown
said he didn't know, he would check. Mr. Kornelis said he thought there
was an appraisal done. But the only thing they put in ~vas an application,
they still have no complete forms.
~ H-7 Kenai Peninsula Borough
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KENAI CITY COUNCIL
DECEM$ER 18.1979
Psge 16
Councilman Ambarien said the ordinance for Federal Revenue Sharing for
the convention bureau pessed.
The roada proposel was sent to ihe legislature.
Renovation of the ground tIoor ot the Borough building was epproved.
H-8 Harbor Commiasion
Mayor O'Rei11y reminded the Council of the meeting of Januarq 8. 1980
with the Corps. of Engtneers. .
Councilman Ambarien reminded the Council of the Airport Commission
and the Harbor Comm3ssion meetlng to discuse the proposed Transpor-
tation Commisaion. tentatively aet for December 20, 1979.
Diecussion item:
Mayor O'Aeillq noted the six month term for Acting City btanager Brown
ie up.
MOTION:
Councilman Seaman moved. seconded by Councilwomen dliclc. to reappoint
btr. srown as acctng ctey nianeger.
Councilman 1lialston atated he didn't think it was fair to ask Mr. Brown to
serve another aix months.If we have to go out and advertise aU over agaia,
we witl have to matse other arrangements.
The motion was amended to read "as acting Cfty bianager for 45 daqs."
The amendmeat wes approved unanimously bq rolI call vote.
The main motion was approved unanimously by roll cell vote.
Maqor O'Reillq reminded the Council of the work session scheduled for
January 10. 1980 ta review the personnel ordinence and discusa funding
tor the City Hall and other capital improvement projects. Acting City
Maaager asked if the Council had any objectton W administration attending.
The Council unanimously agreed that there was no abjection.
ADJOURNMENT
Ateeting adjourned at 9: 50 Pbt.
Reepectfully submitted,
~,~.~ ?~~.~.~~ ~
J~iet tVhelan, City Clerk
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P. O. YOX S80 KENAI, AIASKA 99611
TELEPfiONE 4A3 - 7535
January 4, 1979
-. Memo•To: Kenai City Council ~l ~
_ From. Charles A. BroWn, Acting City Manager
I Subjects:. (1) Ameudment to grant offer, (2) Ted Forsi coatract
, _ - _. . . .
! ~ '. ~ .~. ~ ' .
~ ~ 1) I have executed ~the "Offer to Amend Grant
~ Agreement" for EDA Project 07-11-02039.60.
.-~.This amendment allows the City.to use the
'~.grant funds remaining from the Airport
~ :% Terminal Arctic Doors Project oa the shop
' addition and lubricati~a facility. The
~. ~ '~plaas are complete and we expect to go for
' -'bids soon. The Council has passed Ordinance
' I No. 534-79 appropriatiag funds to this
~. ~f ' profect.
2) I have executed the agreement with Ted
,+ ~ Forsi to perform lobbying services for
the City. This was approved by Council
;~ earlier.
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U. S. Department of Commerce
Economic Development Administration
OFFER TO AMEND GRANT AGREEI~IENT
(AMENDMENT N0. 1)
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~,,;~;~ N~ 1~:~ Project No. 07-11-02039.60
TO: City of Kenai
Kenai Borough, Alaska
WHEREAS, the United States of America, Department of
Comraerce, Econo~ic Development Administration (herein the
"Government") entered into a Gran~ Agreement (herein the
"Agreement") with the City of Kenai, Kenai Peninsula Borough,
Alaska (herein the "Grantee") on or about August 4, 1978; and
WHEREAS, the Grantee has requested certain changes in
the Agreement; and
WHEREAS, it is in the best interest of the Government
and the Grantee to amend the Agreement to provide for such
changes and revisions as are deemed necessary;
NOW THEREFORE, for and in consideration of the mutual
benefits f1oF~ing to the Government and the Grantee, the
Government hereby offers to amend the Agreement as follows:
l. Delete so much as reads "consis~ing of weatheri-
zation of an air terminal building in Kenai,
Kenai Peninsula Borough, Alaska" and substitute
therefor "consisting of an addition to an
insulated/heated vehicle Iubrication facility."
2. Delete so much as reads "Standard Terms and ~
Conditions (Exhibit "B", dated December 1,
1975)," and substitute therefor "Standard
Terms and Conditions, Exhibit "B" dated
October l, I978."
3. Delete so much as reads "presently estimated
to cost $63,000" and substitute therefor
"presently estimated to cost $108,000."
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2 Project No. 07-11-02039.60
(Amendment No. 7.)
All other terms and conditions of thi.s Agreement shall
remain in fuI.l force and effect.
This Offer to Amend Grant Agreement must be accepted
and returned to the Economic Development Administration not
. ~-•; ..
later than ~.~r~t! » 1 :so~i
Department of Commerce
Economic Development Administration
~
. gX ; ~` ~4'~~ ri.~ ~
Phyllis Lamp ere •
Regional Director
The above Offer to Amend Grant
~ . Agreement is hereby accepted.
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~ Date : /~ y'~'v C,'~ 0 7~ ~P
~ N e of Grantee .
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t`,~1 Appreved as a valid acceptance of the
~ ~ above Offer to Amend Grant Agreement.
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`= Attorney far t e Gra ee
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N
AGREEItENT FOR LOBSY SERVICES
FOR TS$ CITY OF KENAI, ALASKA
L4 T,...a_s
THIS AGREEEIENT, made and entered into this y day of ~HeCC~:r,
191.QY°by and between the CITY OF icENAI, here~after called
"City," and the firm of TED FORSI AND ASSOCIATES, INC., a
Consulting Engineerinq firm, 124 East Seventh Avenue, Anchoraqe,
Alaska 99501, hereinafter ca2led •Engineer."
t7ITNESSET H:
WHERFJ~S, Engineer has indicated a desire to lobby for
airport grants in cooperation with Administrative personnel
of the City, and
WHEREAS, City has aqreed to engage Enqineer to provide such
services,
NOW, THEREFORE, 2N CONSIDERATION OF TliE t1UTUAL COVENANTS OF
THE PARTIES, IT IS HEREBY AGREED AS FOLLOWS:
1. Enqineer agrees to use his best efforts, in cooperation
with Administrative personnel of the City, to obtain for the
City qrants from thc State and Federal Gavernment~ for Airport
improvementa.
2. Enqiaeer agrees that after 10 hours of time spent on
this project he will report back to Council of the City as to
' progress to date and chances of success in obtaininq funds, if
'such funds have not already been obtaSned.
3. City aqrees to pay Engineer for said services at the
rate of $45 per hour for the time expended prior to the report
to Council by Engineer, but not to exceed payment for 10 hours.
4. In the event that the report of Engfneer after 10 hours
of work meets the approval of Council and Engineer is authorized
to pzoceed, City will pay Enqineer at the rate of $45 per hour foz
such further efforts, but the total payment under this contract,
before and after the report of Enqfneer to Council, shall not
exceed S1,000.
IN Y7ITNESS WHEREOF, the parties have executed this Aqreement in
duplicate on the date as set forth above.
TED FORSI AND ASSOCIATES INC. CITY OF KENAI, ALASKA
.
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SY: BY: ~v...~-~ %~-..~.r----
Ted~J. For , P.L•'. C nr es A. Brown,,
Principal Actinq City Manager ,
WITNE ATTEST: . ' , ~ ~
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I~ ~ '+ THE FOI.L(nIIHC ITP2L4 ARE OVER $500.00 WHICH HEED COUNCIL APPROVAL OR RATIPICA?ION 1/16/80 ~
I~ vYtpnnR AlflfltNT DP.SC.RiPTi~N PRO.JECT/DEPARTMPNI' AIX:OUH1' CHARGE AlfOUNT P.O. __ I
I~ ~
FOx APPROVAL
~~ B d C SUPPLY 967.8b Voltage Reg./Belt Shop ~ Repair/lSaint. Supplies 52.05 110~4/11291 ~
~~ Regulator/Cauge Shop Repair/Naiat. Supplies 51.21 11295/11271 ,~
Fittinga/Svitch Shop Repair/!lalnt. Supplles 50.35 11204/11219 •
Fit[inge/Hose Shop Repair/llsint. Supplles 17I.99 11255/11231 i
Batteriea Shop Repair/lfaint. Suppliea 352.40 11225/11235 j ~
Svitch/Wiper Blades Shop Repair/lSaint. Supplies 11.08 11175/11124 ?.
Hose/Bolts
Shop
Repair/Maint. Supplies
17.87
11126/11138 l
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Spark Pluge Shop Repair/ltaint. Supplies 11.60 11136 y{
' Plltere/Relays Shop Operatiag Supplieo 70.08 11255/11204 i 1
Paint/itire Shop Operating 3upplies 39.49 11276/11290 !
Flares/Soap/Ya: Yolice Operating Supplies 138.74 11081/11252 ~•j
Borman Diatribution 902.80 Shop Suppliea Shop Operatiag Supplies 902.80 11201/11145 ~~
Chevroa 2,026.83 Gasoliae Shop Operatiag Supplies 2,026.83 11326/11269 +
~
Clary Insusauce Ageacy 12,202.36 Gcaeral Liability Non-Departmeatal Insurance 12.715.36 I
Liquor Liabilitq(Credit) iermiaal ipeusaace (513.00)
D 6 A 9I8.11 Food Jail Operatiag Supplies 764.95 12393/12339 ~ ,
Coffee/3oap/2ovels Pire Opezatiag Suppliea 153.16 11391
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~ Doyle's Fuel Serviee 770.00 Dieael Shop Operatiag Suppliea 770.00 ;
~ KUSCA 2,98G.03 Boiler Repair Pire Repair 3 ltaiatesnace 45.00 11351
~ Dec~ber Gas Ueage Yarious Utiiitiea 2,939.03
I lfarathon 011 Campany 7,804.72 Bwember Natural Gas Truet 6 Ageacy Ia Trust 7.804.~2 i
Sahlberg Equipaeni Co~pany 2,110.66 Platea/Cutting Edgea Sbop Repair/Maint. Suppliea 2.110.66 10567 f
~
~~ Seivicmaster 3,159.20 Jaauary Janitorial Police Profesatoaal Servicea 266.20 10054 ~
January Jaaitorial Library Profeoeional Services 400.00 10056 ~~
~
~ January danitorial Tersinal Psofessional Services 2,493.00 10059 ~
Sout6eentral Communieations 879.75 January Maint. Coatsact Co~muaicationa Repnir 6 Maiateaance 647.25 10410 1
Jaauary Matai. Contract Si 6 S Repais 3 Mainteaance 232.50 10430 ~
Dnion 011 Coapaay 7,773.77 Nwember Natural Cae SYust 6 Agency In Truat 7.773.77 . ~
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~- FOR APPROVAL 1/16/80 PAGE 2 ~
, ~ ~
~ ~ YENDOR ANOIJNT DESCRIPTION PSOJECT/DEPABTMENT ACCOUNT CHARCE AMOUHT P.O.
~ Pd Warfle Real Eatate Appraieals 525.00 Tract B FBO Airport Land Professional Services 225.00 11315
Tidelaads ATSl710 Airport Land Professional Services 300.00 11316
- POR RATIFICATION
tJatloual Bank of Alalcea 30.704,00 Dec. Federal W/N Ceaeral Yund Liabillty 30,704.00
~ Aiaeka Depc. of Revenue 5,575.00 Dec. State W/H General Fuud Liability 5,575.00
Alaska Nuaicipal F~ployes~ 8,324.00 Dec. Credit Uaioa A/H General I+utv; Liability 8.324.00
Yederal Credit Unioa
Blue Cross of Alaoka 8.647.94 Jaa. Ine. Premium Varioua Health Insurance 8.647.94
National Bauk of Alaska 250,000.00 Cert. of Deposit-1/10I80 TCD Central iseasusy 250.000.00
Natioaal Badc of Alaska 250,000.00 Cert. of Deposit-1/10/80 TCD Ceatral Tseaausy 250,000.00 ~
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BEND~& DESCRIPTION DEPqRTM$tiT pCCp~ pKp~T
lTnvia, Scheben, Koryata b 6uettl Additional Czaat Fuads/Topo Study Non-Departmental Professional Services 7,641.00
Schilling'a Texaco Tires Shop Repair/Haiat. Supplles 641.30 .
Doubleday 6 Cospany Book Subscrlpitons Library Booka 588.08
Catalog Card Kits Library Office Supplies 64.24
, P.O. TOTAL 652.32 ~
, Coatraetor~a Equipaent Cyclo Blover Repaiz STP Repair b Maiacenance 1.200.00
Notorola Radio Equipment for Jall Vehicle Jail Nachinery S Equipment 3.582.00 L
_ Dan'a TV Double Oven Renge Jail !lachiae b E ui
ry q pment ,'
838.00
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,, CITY OF KENAI
RESOLUTION NQ. 8U-4
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
TNAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80
GENERAL FUND BUDGET.
FROM:
( Fire - Transportation ($400)
I T0:
___ Fire - Miscellaneous $400
< This transfer is needed to provide additional monies for
tuition costs.
' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of January, 1980.
~
I CETOR L , OR
ATTEST:
~~:~ anet elan, City C er
-~ kt ~~ Approved by Finance Director: G!
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- CITY OF KENAI
'..- ~ RESOLUTION N0. 80-5
A RESOLUTION OF THE COUNCIL OF TH8 CITY OF KENAI, ALASKA
A~VARPING THE BID FOR THE PURCHASE OF A MICROFORM READER/PRINTER
FOR USE IN THE KENAI COMMiJNITY LI$RARY TO YUKON OFFICH StiPPLY, INC.
WHEREAS, the City o~ Kenai solicited bid proposals for the
purchase of a Microform Reader/Printer, and
WHEREAS, the only bid received was from Yukon Office Supply, Inc.
at a price of $4,012.26, which includes operator training and
installatian.
NOjV, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the bid for the purchase of a Micraform
~ Reader/Printer be awarded tv Yukon Office Supply, Inc.
PASSEP BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of January, 1980.
. .
~ T E ,
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- ATTEST:
anet elan, ity Cler
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Sealed bids will be received by the City of Kenai for a
T4fcroform Reader/Printer for use in the Kenai Community
I,ibrary.
The Reader/rrinter must l~ave the capability of handling both
I•licrofiche oJ' vsrious ~s~niffcations and t:icrofilm ia 16~
ar.d 35r~ rolls. The unit aust be no more Lhan 19~~ vide x 15"
flE~~g x 32" hi~:~, an3 must be usable z.*ith doaestic current.
Screen size to be not less than 16" ~:ide x 12" high. Printin~
time, 10 3econds, Image rotation 360• xith microfil~, 90'
vith microtiche.
Sealed bids will be received at the office of the City Clerk,
City Hall, City of Kenai, P. O. Box 380, Kenai, Alaska, 99611,
until 11:00 am local tfine, Tliesday, Decenber 18, 1979• Envelope '~
ttust be marked "Library Bid" on the exterior. F•,u•ther infor~uation
may be obtained at the Kenai Co~r~iunity Library on Beaver Loop
Extended at Trading Eay Road.
, Price information on 3M Model 500f4 reader printer, per above
' ,~ specifications. ~
',t :• Prices effective for 60 days, and include ope rator training `
and installation.
Model SOOM $3367.08 .
~' Screen 49.77
+? Fiche kit ' 243.85
~ ;i Fiche holder 39,qg
' ;~~"`• 20.78X lens 243.82
~ 12.05X lens L68.26
~ ~ , TOTALs $4012.26
~~ ~ .
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BOX 157
KENAI. ALASKA 99611
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INVITATI0IS FOR BID
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~
i~ - RESOLUTION N0. 8Q-6 I
BE IT RESOLVED BY THB CITY OF KFNAI, ALASKA THAT THE FOLLOiVING ~
~ TRANSFER OF MONIES BE MADE IN THB 1979-80 WATER ANA SEt4ER
SUDGET. _
FROM:
Sewer Treatment Plant - Operating Supplies ($700)
Sewer Treatment P1ant - Repair f~ Maintenance
Supplies (~8A0)
T0:
~ Sewer Treatment Plant - Repair $ Maintenance $1,500
~
This transfer is needed to provide additional monies for
` ~ repair of cyclo blower in Sewer Treatment Plant.
~
~_ ~ ~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of January, 1980.
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CITY OF KENAI
RESOLUTION N0. 80-7
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
DIRECTING ITS CITY MANAGER TO MAKE REQUESTS OF CORPS OF ENGINEERS
FOR A RECONNAISSANCE REPORT COVERING NAVIGATION IMPROVEMF.NTS
UNDBR AUTHORITY OF •SECTIQN 107 of the 1960 RIVER AND HARBOR ACT
AND TO PROMISE ASSUI-iPTION OF RESPONSIBILITY FOR LOCAL SHARE OF
SUCH PROJECT.
jVHEREAS, the City of Kenai for many j~ears has been in need of
a small boat harbor to advance the fishing industry and to
provide for maintenance of pleasure boats, and
tYHEREAS, the City is hopeful of obtaining a State grant of
funds to accomplish those ends, and
jYHEREA.S, under Section 1D7 of the I960 River and Harbor Act
it is possible to obtain up to $2,000,000 in Federal funds for
such project provided reports by the U.S. Corps of Engineers
shows such project to be financially feasible, and
WHEBEAS, to secure such a study necessary for obtaining such
funding, it is necessary to request preparation of a
~ Reconnaissance Report from the U.S. Corps of Engineers,
NOIV, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
, The Acting City Manager of the City of Kenai, Alaska, Charles A.
Brown is hereby directed ta write a letter to Colonel Lee R. Nunn,
District Sngineer, Alaska District, Corps of Engineers,
P. 0. Box 7002, Anchorage, Alaska 99510 in the form of the copy
attached hereto requesting preparation of a Reconnaissance Report
covering navigation improvements under authority of Section 107
of the 1960 River and Harbor Act for the area-of Kenai, Alaska,
and making the necessary assurances cif local support.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
16th day of January, 1980.
.
ATT~ST:
t~ anet elan, ity C er
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CITr Ur KtNA!
__ = _ ,~ „0~ G'a~~r;ta.l a~ ,Q.lc~~ia~~ _
~ P. O. !OX SBO KENAI, AIASKA 99611
I ~, TELEPHOHE 483 • 7535
~
January 16, 1980
Colonel Lee R. Nunn
District Engineer
Alaska District, Corps of Engineers
P. 0. Box 7002
Anchorage, Alaska 99510
Dear Colonel Nunn:
The City Council of the City of Kenai, Alaska, at its meeting
of January 16, 1980, has directed me to write you advising you
of the following:
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The City of Kenai hereby requests preparation of a Reconnaissance
Report covering navigation improvements under authority of
Section 107 of the 1960 River and Harbor Act, for the area of
Kenai.
The City of Kenai, as a public agency ully authorized under
State laws to give such assurances an~financially capable of
fulfilling such measures, hereby Fy~a~~ c~ ~1`i~it^~~.of local
cooperation including:
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a. Furnish in cash the local share of project construction
cost, determined in accordance with existing policies for
regularly authorized projects, in view of recreational benefits,
land enhancement benefits or other special or local benefits
expected to accrue. •
I b. Provide, maintain, and operate, without cost to the
•I United States, an adequate public landing or wharf with provisions
, for the sale of motor fuel, lubricants, and potable irater open
and available to the use of all on equal terms.
c. Provide, without cost to the United States, all
necessary land, easements, and rights-of-way required for
construction and subsequent maintenance of the pre~ject including
suitable spoil disposal areas tirith any necessary retaining dikes,
bulkheads, and embankments therefor.
d. Hold and save the United States free from damages that
may result from construction and maintenance of the project.
G "~ ~~
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~ Colonel Lee R. Nunn
Page 2
' '~. ^ January 16, 1980
; e. Accomplish without cost to the United States alterations
i ~ and relocations as required in seti,rer, water supply, drainage, and
i i other utility factors. ~
j f. Provide and maintain berthing areas, floats, piers, slips,
; and similar marina apd mooring facilities as needed for transient ,
; and local vessels, as well as necessary access roads, parking ~
! areas and other needed public use shore facilities open and ;
; available to all on equal terms. (Only minimur~, basic
facilities and services are required as part of the project. ~
~ The actual scope or extent of facilities and services provided {
; over and above the required minimum is a matter for local decision. ;
; The manner of financing such facilities and services is a local ' i
I determination.) t
~ - g. Assume full res onsibilit for all ~
p y project costs in excess 1 . -_
! of the Federai cost limitation of $2,000,000. ; `" ~
I Sincerely, . (
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~. -' Acting City Manager
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M E M O R A N D U M
TO: HONORABLE MAYOR AND CZTY COUNCIL
FROM: BEN T. DELAHAY, CITY ATTORNEY
RE: RESOLUTION 80-7, RECONNAISSANCE REPORT,
NAVIGATION IMPROVEMENTS, I3.S. DEPT. OF ENGINEERS
DATE: JANUARY 16, 1980
~ The letter attached to, and made a part of, the above
I resolution was taken from a form furnished by Captain
~ Reynolds of the Corps of Engineers. This concerned both the
Acting City Manager and myself because it appeared to be a
"blank check" and also to constitute an obligation that
; could not be paid off within one year.
.
I have contacted Captain Reynolds, and he has conferred with
his superior, regarding this matter, and he has advised me
that while the lettered paraqraphs were required that the
I City would not be "locked in" and that intent is the key
that they are looking for. Fie states that the City can
' thank them and withdraw at any pvint during the Reconnaissance
Study or during the preparation of the detailed Project
. Report.
After receiving this information, Z asked Captain Reynolds
~ if the modifications which are contained below would be
acceptable to the Corps of Engineers, and he stated that he
believed they would be appropriate.
~ Therefore, 2 recommend that Resolution 80-7 be amended by
~ amending the third paraqraph of the letter which is attached
~~ thereto and made a part there~f by inserting in the second
! line of said paragraph and before the word "financially" the
words "believinq itself," and by striking the words "agrees
-__ to" in the third line of said paragraph and inserting in
__ their stead the words "states its intent to comply with."
While the City is hopeful of getting a State grant of funds
to supplement the Federal grant, this wording would leave it
- open for the City to withdraw if these State funds are not
1~.; forthcominq.
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ARCTIC FUEL SERVICES
P. 0. Box 550
~:enai, Alaska 99b11
December 31, 1979
City of Kenai
P. 0. Box 580
Kenai, Alaska 99611
Attention: Charles A. Brawn
Acting Citq Manager
Re: Lease: Lots 1, 2 and 3,
F.B.O. SUBDIVISION
Gentlemen:
Pursuant to your request of December 27, 1979, enclosed
is the sigued lease concerning the above lots.
The lease was signed and returned as an expedient as
you outlined in your letter, i.e., six months was about to
expire, and with the understanding that the lease could be
amended.
The areas that we request be amended in the lease is
the date. Instead of Januarq 1, 1980 to July 1, Z980 or,
in the alternative, from January 3, 1980 to June 30, 1980
be reduced to a nominal amount as the property is useless
as it presently atands until we can have it cleared and
impraved. In otherwords, we will be paying for something
we cannot use until mid-summer although we applied for the
lease in the summer so we would have the laCe summer to
late fall to make improvements.
We would also like the following wording included in
Paragraph 9 of the General Covenants as the lease i.s silent
as to how redetermined rental is to be calculated:
"In calculating the increase or decrease in rents
after the appraisal, the rent shall be calculated on
the basis of 6% of the appraised value as determined
above".
Sincerely,
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d/b/a ARCTIC FUEL SERVICF.S
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AISIPORT I.%~t:b5 C: F'nCILI ~ Ii:S
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T}IIS ACREF.:dE:JT, entezed into this day of
Januar , 1~0 , by and bettrecn the CITY OF KE:SAI, a hoAe-ruled
mun cipal corporation of AlasY.a, hereinafter called "City," and
' "" "" -~~ John Stcehner and Krfstine Stoehner D8A/pRLTIt FUEL SERVICES - BOX 550 - KENAI 99611
. .. .._.~-~~++~= ereinnfter called "Lessee." •
"" • ~~~ That the City, in considcration of the paynents of
.:*~-~~~... - ~ the rents and performance of all the covenants herein contained
'-"~ ""'-_--="~- """"' "~ ' by the Lessee, does hereby demisc and lease to the Lessee the
~-~-- Y followfng described property in the Xenai Recording District,
- . . .- •- : State of Alaska; to wit: .
^ -y ^~ _-- . . - _- LOT 1 • BLOCK 1 - FBOSUBDIVISION . , ~ .
- "'- ='-" . ~ LOT 2 - BLOCK 1 - FBO SUBDIYISION .
'~ - -_ = = . : • - LOT 3 - BLOCK 1 • FBO SUBOIYISION ~ ,
.. . - ' 4'ERtdz
~ ~ (a) The term of thfs Leasa is for 99 years, '
comroeacinq on the 3*d day of January , 19~80- , to the
' 2nd day of Januery ,10~ the annual rental
of 10.231.20 •
_.^ -~ ~. (b) The term of this Lease may be extende
Le for successive periods of years , by
-""'"~"-' qiving en notice to the LBSSOZ not les n six (6) mossths
~ 'prior to the e tion of the then nq term. Each extended
:~~'~~ t¢.rm shall be on the te conditions as provided in
~ this Lease for the i~ Lessee will not be permitted to
extend the Lea ond the exten erm. Any termination of
this Le rinq tk-e fnitial term or c~ any extended term , •
terminate all rights of extension hereu~tler.
PAY1~iENT: Subject to the terms of General Covenant
• No. 9 of this Lease, the rental specified herein shall be payable ~
• •. _ -- ,- _ as follows s ,
~
~~ (a) Right of entry an8 nccupancy ia anthorized as ~
~ o£ the 3rd day of January , 19~ , nnd the Eirst rent shall
~ be computea~from suc ate unt 1 Sune 30,1980 , at the rate of ;
- $28.03 pez day for 180 days, equals ~0 '
. . stow dua. ~
(b) Annual rent for the fiscal year beqinninq ~
. July 1 and endinq Jusie 30 shall be payab2e ia advance on or ,
before the first day of July of each year. if the annual rent .
~ exceeds S2.400, then the Lessee may opt at the time of the execution
hcreof or at the beqinning of each nesa Lease year to pay rent in ,
equal monthly installments, paysble in advance on or before the
~~,,,,,,h,,,,;,r;;,~.~_ ,,_. ,_ flrst day of July and on or bafore the first of each month there-
after. •
(c) Rental for any period which is less than one
- (1) year shall be pzoratcd based on tt~e zate of the last full
year.
+~ (d) The rent ~pecified herein is calculated as i
~ Rp~xkxxxxzz~cxxzzzzxxzxxxx~acqfa~a~caxXx~acxxxoacz~xxxzx~cx~Sz~a~cx~~mcxz~c~cz~az ,,
~ t~~xx~0lca~axzxxaxx~c c~{xz~zxxxxxxzxxxzxxzxxxp~zx~caxxxzxxxzxxxxzxxxxxxxxzxxxxzxxx ~
" t ~ **'*SH01~N ON EXHIBIT A '**'***' '
-- ;~' In addition to the rents speaified abo~•e, subject ~?
to Ceneral Covenant iso. 9, the Le&scc agrees to pay to the City Y
--- fees as hereina:tcr pzovided:
- - LCASE - Page 1 S:SITIIILS - - .
Revi~cd 3/30/79 LESSf:F.~
--- LESSOk• ~
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SS. U:tLA47FUL USE PROHIDi:'ED: Lessee shall not
allow the leasehold premises to be used or an un2avful pnrpose.
55. APPROVAL AP OTHER AUTtiORITI£S: The issuance
by the City of Leases es not re ieve t e Lessee of responsibil-
ity of obtaininq license3 or permfts as may be cequired by dul/
authorfzed Sorouqh, SWte or Federal aqeacies.
56. REIISSIG2~t~lENT/RELOCATIOti: Should it be nec
to re-assfqn Lessee to a f orent area of the aiz
term the parties agree as followsz At least (30) days
aritten n , in advance of such reassiqn , shall be provided
to Lessee. Th ts of relocation, inq the costs of
moving and setting unter ated faciliticss, shall be
borne by the airport ter and may, upon ttie aqreewent of the
partiea, be subtra £rom t thly rent 8ue by Lessee to the
Airport te . Should reassiqn nd relocation be neceasary,
Les,e 1 be provided and afforded eq ent space, in terms
th area and location, as that ahich it p tly occupics.
IN WITNSSS 47HEREOP, the pasties hereto have here-
nnto set their handa, the day and year stated in the individual
acknawledgments below,
LESSOR:
CITY OF KEitA2
By :
LESSEE:
(If Lessee is a cozporation)
ATTEST:
T t e
STATE OP ALASKA )
)ss
THIRD JUDSCIAL DISTRICT )
Before me, the undarsigned, a Notary Public in and for the
StaLe of Alaska, on this day personally appoared CHARLES A.
BROS~iN, Actinq Ctty Manager of the City of Kenaf, known to bc the
person who executed the above Loasc and acknowledqed that he had
the authority to sign the samcs, for thr purposes stated thercin.
GIVEN UNDER MY l111N0 AND SEAL OP OYPICE, this dsy of
, 19 "~
Notary Public in and or Alas a
My Co~.misaion Ex~irc~:
LEASE - Faqc 13 INITSII
REVISED 11/13/79 LESSEEL~
LESSOR:
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CORpOlL1TI0:7 ACY.::O:itLEDGNE:JT
STATE OF ALASKA )
Jss
THIRD JUDICIAT. D2STRICT )
Before me, the undersiqned, a tiotary Public in and for the
$tate of Alaska, on this day personally appeazed
and , known to me to be the
person~ officers whose names are subscribed to the foreqoinq
Lease, who beiaq duly sworn, dfd say that they are the President
and , respectively, of
Company, a corporat on, an acknovledqed to me that they executed
said Lease as their frec act and deed in their said capacities,
aad the frae act and deeci of said corporation,~for the purposes
atated therein.
GIVEN UNDER MY HANO AND SEAL 08 OFFICE, this 8ay of
, 19 -
Hotary Publ c n an or Alaska
Hy Commission Expires:
-- INDIVIDUAL ACKNOWLEDG:dENT(S)
- - -~cLO%7ri~
LESSEE
STATE OP ALASKA ) Y
)ss ;
THSRD JUDICIAL DISTRICT )
- • ~
On this day of , 19 , before me personally ;
appeare8 - , known to be the person who
executed e a ve Lease and acknowledqed that he (she) had the '
_, authority to siqn the same, for the pusposes stated therein. e
,
i
Notary Pu c n and or Alaska
My Com~aission Expires: ~
~
ACKNO~~iLEDGt3ENT YOR IiUSBAND ANO S4IFE
••^,r+~•~.~+s-rrr.ur.~'!~r- :~-.y-.rr„+~~w STATE OP AI.IISKA )
) SS ,~
THIItD JUDICIAL DISTRZCT ) °+
~ •~ • Beforo me, the un8ersfgned, a Notary Public in and fo~ tho '~
StatQ of Alaska, on thf3 pe oi 1'a~tp ared~;,:tt;.~c,~Fe~.1.~~,~, ,
and , h4sband and wife,
t known to be the aons hoEe namca are subscribed to the +
foreqoinq I.ease, o acY.nowledqed to me that they executed thc
~ame as thair frec and voluntary act and deed, and for the purposes
and considecations thercin exprossed. „
GIVCN UNDER MY 1iAND Ai7D SCAL OF OFPICC, this L~dav oE ~
~ r 19~. ~
i
No ry Public i nd fo. T~lask ~
M omr~issic:i Bti res:_'~~ ~~
• LEASE - Pagn 18 ISZTIALS '
" . _ '/~~` •"'~~~" ' -• • •- .. REVIS~D 11/13/79 LE5SEE:' :5~
LESSOR:
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Approved as to t.ti~i:e farm by Cit/ Attorney
(Initials)
Approved by Pfaanc~• Director ~~~
(initia s~
Approved by City Manager G,~
In t als
LEASE AFPROVEO 9Y City Council this day of , 19
- .-- -
C ty Clerk
LEASE - paqe 15 IYITIALS ~~
REVISED 11/13/79 ~ L£SSEE:
LESSOR:
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aEtnAL
, DESCRIPTIOt~ SQ. fT. PER
FT. OF
RETURN ~ L HL
~ ~-••• ~~ ~• Lot 1-Block 1 39,200 f1.55 6~ f3,645.60 f303.80
1 T--, ~ Lot 2-81otk 1 39.200 11.40 6x f3.292.80 f274.40
~ _ Lot 3-Blxk 1
~ 39,200 i1.40 6f 13.292.80 ~274.40
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. f10.231.?0 f852.60 •
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( APPRAISEO FAIR MARKET YALUE fOR:
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lot 1- Biock 1 f60,760
- Lot 2- Block 1 f54.880
= Lot 3- Blxk 1 554,880
EXKIBIT A FOR:
S r i.
JONN STOEHNER ANO KRISTINE STOEHNER
i ' OHA/ARCTIC FUEL SERYICES - BQX 550 - Kenai. Alaska 99611
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'~``'~ ~ ~ ~~ ~ ' ~ CITY OF KENAI
~~ ,j P. 0. BOX 580 - Kenai. Alaska - PHONE 283-7535
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November 7, 1979
~I I Y U1= KENAI
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P. O. i~X St0 KENAI, A/AfKA 9~i11
TElEP110NE 2D9 • 7595
Po1ar Airlines
P.O. Box 6784
Mcborage, AK 99502
Attn: T1m Ewell, President
Oear Tim:
Enclosed is the Polar lease for airport termina] facilities at Kenai
Municipal Airport.
The rates prescribed in Schedu]e "A" pertain to the areas as described
on the attached diagram: . ~
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Area 32 18 sq. ft. -. 1, July - 11, October, 1979
Area 16 42 sq. ft. 23, July - 17, October, 1979
Area 32 96 sq. ft. ]8, October, ]979.- 30, June, ]980
The above schedule 1s tn accordance with the letter to you from Ernest
Schlereth, City Attorney, dated July 23, 1919.
Please read, tnitial, slgn and have notarized al] appropriate pages if
you are 1n concurrence with this agreement. °
If you can return this lease agreement along with your remittance of
8982.48, plus b49.12 sales tax for a total of $1,031.60, prior to
November 15, 1979, it can be placed on the agenda to go before Council
on November 21, 1979.
Sincerely,
~ ~
James E. Swalley
Airport Operations Officer
JES:3w
Enclosures
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~ ' r~~:ED: Julf i1, 1975
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2•JOT TO SCTiLE
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ROOI•1 2I0. Current Us~ Room :io. Curzent Use j
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' 1-6 Lounce and Cafe It, P.aven Transit Counter ~
7 Janitor's P.oo:n IS Hert2 Counter
8 F'F~, Equipment P.oom 17 KAS Counter , i
- q F~-A Of f ice Space 18 At~i Ticket Counter ~
' 10 Tesoro Office Space 19 AAI Office Space ,
11 Efliler Room 2~.21,22,27 City of Kenai Offices '
~ ,~ 12 Fan Room 23 P,AI Freight Counter I
• 13 !•ien's Restroom 24 A~1I Freight Office
lA b:omen's P.es~room 25,30 Cargo Area
, 28 11vis Counter
. , 29 E'liqht Service Station
_
~ ' 31 Gift Shop
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Polar Airlines
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, LEAS~ OP
AIRPORT LANU; OR YACSLITIES
THIS AGREEt~EitT, entered into thfs day of
, 1979, by nnd between the C2TY OP KL'tJAI, a homo-ruled
mun~cfpal corpozation of Alaska, hereinafter called 'City," and
O ZNES. P. O. 807( f,~$4, At7Ctt~RA(CP„~ AK 99SA
ereinafter called "I,essee." •
That the City, in consideration of the payments of
the reats and performance of all the covenants herein contained
by the I.essee, does hereby demisa and lease to the Lessee the
follovinq described property fn the Kenai Itecordinq District,
State of Alaska; to wit: .
96 sq. ft, Counter Space Numbez 32 Pi~s~ floor, Terminal Buildinq,
Kenai Municipal Airport, that certain deed from the USA to the
City of Kenai, filed in 8ook 27, Paqe 303, xenai Recording District.
TEIi~ls
ta) The term of this Lease is for 1 year~ '
commencinq on the 1 day of July , 19~ to tbe
30 day of June , 1980 , at the annual rental
o~ S! 982.
(b) The tezm of this Lease may be exteaded b
`iae e£or successive periods of years e
givinq notice to the I,essor not~ s x(6) months
'prior to the exp of the then e q term. Each extended
term shall be on the same conditions as provi8ed in
this Lease for the init erm. iil not be pezmitted to
extend the Leas nd the extended tesm, nation of
this Le inq the initial term or d'uring any eztea ~
tesmiaate al2 riqhts of extension hereunfler.
HAYD~FtT: Subject to the terms of General Covenant ~
LJo. 10 of this Lease, the rental apecified hezein shall be payable
tts foilows: ' i
,
a Right o£ entry and nccupancy is authorized aa `
of the day o 19 , and the f 1 '
be computed-from suc atc unt 1 , at the rate of
S per da ays, equals
I
Jul .1 and endinb~Junen301sha11 ~r the fiscal year beqinnfng ~
Y q payable in advance on or i
before the ftrst day of July of each year. If the annual rent ~;
exceeds $2,400, then the Lessee may opt at the time of the execution !
hereof os at the beqinninq of each new Lease year to puy rent ia +
egual monthiy iastallments, payable in advance on or b~fore the
first day of July and on or before the fire,t of each moath there-
after. ~
(cj Rental for any perfod which is less thaa ene
(1) year ahall be prorated based on the rate of the last full
year.
(d) The rent specitied herein is calculated as
foltows: See Schedule "A" Attached.
In addition to the rents speclfied above, subject
to Genoral Covenant Ho. 10, thc *..:~~cc :cca L . ~- ^t~••
~~ ~ Y`~'J ~~ i.uu ~a~,f
fces as hereinafter provfded:
LE.1SE - Page 1 ItJITiA • -
Revised 3/30/79 I,ESSEEs
LESSOR:
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• -'~~"~?-~1se~sac:n~s for ~ublic imi,rovement~llo~r_
twuotit,i~g--pre~ertp-ftt-th~'Srit6un`E~3' --~' =_--_>
(b) Taxes pertaining to the leasehold interest of ^ ~
the Lessce.
(c) Sales tax now enforced or levied in the
future computed upon rent payable fn monthly installments vhether ~
zent is paid on a monthly or yearly basis.
. (d) Lessee agrees to pay all taxes and asaess-
rn~nts levied in the future by the City of Kenai, as if Lessee was
consi3ered the legai owner of record of the Leased property.
(e3 interest•at the rate Qf eight percent (8i) ~
per annnm and ten percent (lOt) penalties on any amount of money
• owed nnder this Lease which is not paid on Qr before the date it
becomes due. . . ' . ~
• (f) Additional charges as set fortq in Schedule ~
A, attached. ' • ~ ~
The purpose for which this Lease is issued is: !
~
. counter space ~
GENERAL COVENA~T3 ~
1. USESs Except as provided herein, any requlaz 4'
nse of lands or fac3~ties without the wrftten consent of the +
City is prohibited. This prohibition shall not apply to use of
areas desiqnated by the City for specified public uses, such as
passenqer terminals, automobile parking areas, and stree:.~.
2. OSES NOT COHTEMPLATED PROSIBITED: Solicitatfon
of Qonatioas or the promot on or operat on o any part or kind of 1
business or commercial eaterpzise, other than as specifically set f~~ '
forth herefa, upoa, in or above airport lands, without the written `-.
conQeat of the City is prohibited. ,
3. ASSIGNMENT: (Hot foz collatesal purposes)
bessee vith City`s ar tten consent, which aill not be unseason-
ably denied, may assign, in whole or in part, its riqhts as
Leasee (Leasehoid Estate) hereunder except assiqnments for `,
collateral purposes will be allowe8 pursuaat to the provisioa of ;
paragraph 33 herein. ~
Any as~ignee (except nssignee's fos collatezai ~,
purposes, which will conform to the provisions of Paragraph 33 "
iastead of thia paragsaph) of part or all of the leased pzemise3 ,~
shail assume the duties aad obligations of the I.essee as to the
such part or all of the leased premises. No auch assignment,
hoxever, aill discharqe Lessee from its duties and obliqations
hereuader. • ~
;,
4. SUBLETTING: Lessee may sublet part or all of !
ita interest in the leasehold premises without prior City approval, „
except that Lessee aqrees to send a copy of his executed sublease
to the City within 10 days after its execution. In addition, all
subleases are subject to the terms and conditions of the main !.
lease, and no subletting shall affect the obliqation of the
Lc+asee to pesform ail o£ the covenaats required to be performed
by the Lessee herein. i
5. TREATtdENT OF D£MISE: The Lessee aqrees to ~
keep the premises c ean and in qood order at fts own expense,
snfferiag no strip or waste thereof, nor removing any material
therefrom, without wtitten permission af the City. At the expiration
LEASE - Yage 2 INITIA / . . ~
ReVised 3/30/79 LESSEL~c~~ ~ ,
LESSOR:
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S;. U:iL~PJF~L USE PROHI~I?~~: Lessee shall not
allow the leasehold premises to be used for an unlavful puzpose.
55. APPROS/AL OF OTftER AL':f{ORITIES: The issuance
by the City of Leases oes not re ieve the Leasee of responsibil-
ity of obtaining licenses or permits as may be zequired by dul~
authozized Sorouqh, State or Federal agencies.
56. REASSZGI~:QENT/R£LOCAT30fJ: Should it be neces-
sary to re-assign Lessee to a diffarent azea of the aizport
termfnal, the parties aqree as follows: At least thirty (30) da~s
written notfce, in advance of such reassiqnment, shall be pzovided
to Lessee. The costs of relocation, fncluding the costs of
moviag aad setting up counter and related facilities, shall be
borne by the airport terminal and may, upon the aqzeement of the
parties, be subtracted from the monthly rent due by Lessee to the
Aizport terminal. Should reassignment and relocation be necessary,
Lessee shall be provided and afforded equivalent space, in terms
of both area and location, as that which it presently occupies.
IN WITtJESS 41fiEREOF, the parties hereto have here-
unto set their hands, the day and year stated in the individual
acknowledgments below.
:f
LESSOR:
CITY OF KENAI
- BY~ -
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LESSE :
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i•.,• (Zf I;essae is a corpozation)
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T tle ~
STATE OP ALASKA j
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TIIIRD JUDICIAL DISTRZCT )
Before ma, the under~iqned, a Notary public in and for the
State of Alaska, on this day personall}• appeared CI{ARLCS A.
HROt,tY, Actinq City Manaqer of the City of Kcnai, known to be the
person wi~o executed the above I.easc and acknu~ledged that he had
c authority to sign the bamc, for thc purpo~e3 stated thcrein.
IVEI7 UND R G1y IIAND AND OF OFl' is,1'~ day of
~ 19~j .
• t' , J ary Public 'n n ~
. ~~ ~` y Conmission Expira~.~~
. " ..., - - . -,-: . ..s;.::~>,g;-.... t LE\S~ - Page 13
' R°:'I~rD 11/i3/~9
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I:7ITIAL~~~~~ /
L~SS~E: v
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CORPORi,TI0:7 AC1;::0:•:LEDG'•t£:IT
STaTE OF ALAS'!.n )
~SS f
THIRD JUDICIAL DZSTRICT )
Sefore me, the undersigned, a tlotary Public in~and foz the
State of Alaska, on this day personally appeared~~ N,~„trc."~)
and , known to me to be the .
persons and officers whose names are subscribed to the foreqoing
Lease, Who beinq duly scrorn, did say that the e t e President ~.
and , respectively, 0 2 S.~N4
Company, a corpozation, an acknowledqed to me that t ey e ecuted '~
said Lease as their free act and deed in their said capacities, . ~~
and the free act and deed of said corporation, foz the purposes
stated therein.
GIVEN i7ND~(t.b1Y HAND AND SEAL OF O£FICE, this ~I day of ~; ~
~%An/ . 19b/ .1~ i ~~ r~.~ '.
No ary Publ c in nd for as a, `; ~ i~i ,~ ~• ~
M Commission Ex ires:_a~~`7 ~_ . i
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' INDIVIDIIAL ACKNOtiTI,EDG:+I£NT(3) . ~
LESSEE II
STATE OF ALASKA ?
)Ss
THIRD JUDICIAI. DISTRICT )
On this day of , 19 , before me personally
appeared - , knoc,m to be the person who
executed the above Lease and acknowledqed that he (she) had the
authority to siga the same, for the purposes atated therein.
Notary Public n and for A aska
My Commisaion Expires:
ACKNOWLEDG:tE~T FOR F3USBAND AND SJIFE
STATE OF ALASKA )
?ss
THIItD JQDICIAL DISTRICT )
Sefore me, the undersigned, a Notary Public ia and for the
State of Al~ska, on this day personally appeared
and , husband and wife,
t known to be the pcrson~ whose names ~re subscribed to the
foreqoing Lease, and acS:nowledged to me th~t they erecuted the
• same as their free and volunk:~ry act anct dced, and for the purpose:
and considerations therein expressed.
GIVGy U:JDER t•1Y IL1iiD A:7D SG~I, OP Ot'FICE, this _ day of
, 19
Notar}• Public in and ior ,1laska
~i;~ Co^~nission Expires:
LE,1SE - Page 1~ INITIAI.S
REVIS~D 11/13/79 LESSEE:
LtSSOR:
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Appzoved as to Lease form by City Attorncy /,~~(X
~. I (Initials)
,:,, ~~'~~~~~~ ~ ~w ~ ~ Appzoved by Finance Director ~ ~
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(initials)
. --• -• . ~ r. --- - • Approved by Cfty Manager (,~
Initials)
- LEASE APPItOVED SY City Council this _ day of _ , 19
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- . City Clerk
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_ _ REVISED 11/13/79 LESSEE:~~`~~
_ _ LF.SSOR:
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! SCHEDULE "A"
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~ Polar Airlines
L ase amount for period
~ July 1, 1919 through June 3~, 1980 is
c
puted as fo]]ows:
Period Months Rate Sq• Ft• Amount
July 1, ]979 - October 17, ]979 3.57 $.99 18 $ 63.62
July 23, 1979 - October 17, 1979 2.83 .99 42 117.67
October 18, 1919 - June 30, 1980 8.43 .99 96 801.19
982. 8
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~ AIRPORT L1::DS OR b'ACILITIES
i
THIS AGR£E}SEiIT, entered into this day oE
" January ,~gBQ, by and between the CITY OF KESIAI, a home-rssled
__ -__ _ _._ municipal corporation of AlasY.a, hereinafter called "City," and
T 8 D REALTY COMPMIY -~EAN YEASEL, AND TOM MATERER-
_ ___ ..-_.~±~
_ ...<. . - . . -±' t~o'inaftcr called "Lessee." i~ t~. ,A
~n • vt1~ulC(` 1220 ~CCn0.{ ~ ~1js. ,~
. ~ ~ ~- . That thc City, in consideration of the payr.ients of
--:~' •="'= =-••.= -~'==; the rents and performance of a12 the covenants herein contained
'~•~.- -~~
y~ by the Lessee, dces hereby deraise and lease to the Lessee the
' `""- ' followinq described property in the Kenai Recording District,
_ --„~ - ' - .- .. State of Alaska; to wit: ~ ,
--- _
- lOT 4 - BLOCK 1 - FBO SUBDIYISION ' •
'
.
- -==• ~~ ,
LOT 5- BLOCK 1- F60 SUBDIYISION
,.
- - - - •
. .. LOT 6 - BLOLK 1 - F60 SUBDIVISION ' •
~
- . ~ . " TERM:
(a) The term of this Lease is for 99 years, ~
commencinq on the 3rd day of January , 198~ , to the
~ ~2ffd day of ~a~- , , at the annual rental
of $ 9,878.40
~ -":~ . • (b) The term of this Lease may be extend
~«_ e for successive periods of year , by `
__ givfng ten notice to the Lessor not 1 an six (6) months ~
"prior Lo the ation of the the ting term. Each extended
. "'~ te.rnt shall be on t and conditions as provided in
~ . this Lease for the Lessee will not be permitted to
extend the yond the exte tern. Any termination of
. . ,
this durinq the initial term or s~.~~ any extended term
~ all terminate s21 rights of extension hereu~itior. ~
PAYtiEt1T: Subject to the terms of General Covenant ~;
• No. 9 of this Lease, the rental specified herein shall be payable
..:'. .~" ' as follows: ~i
(al Right of entry and vccupancy is authorized as I~
of the 3~ day of ~anuary , 19 $~ , and the first rent shall i~
puteTfrom suc ate unt 1 June 30, 1~0 , at the rate of
be
27 06
$ per day for 180 days, equals S~~BD ,i
now due. • ~,
i
(b) Annual rent for the fiscal year beginning „
. July 1 and endfaq June 30 sliall be payable in advance on or ' ~
~ before the first day of July of each year. If the annual rent _
. exceeds 52,400, then the Lessee may~opt at the time of the execution {
hereof or at the beginning of each neta J.ease year to pay rent in I;
equal monthly installments, payable in advance on or before the
-r.rsn.~,~_-r_~:.~•~-r..-«,~. ... fizst day of Ju1y and on or before the first of each month there-
af ter. •
(c) Rental for any period c~hich is less than one ,
~ (1) year shall be prorated based on t2ie rate of the last full
year.
(d) The rent ~-pecificd herein is calculated as
x~tY~,~cYxxxxxzxxxzxxxxxxxzx~cacx~cxa~c~c~x~cxxxxxzxxxzzx~x~cx~ca4~mecxxz~cx
~titx~cl~x xxxzxxxxxxxx~tx~cY~ixxxxxxntcxxxxzxxxxzxxxxzxxxx
**'*SHOWN ON EXHIBIT A********
In addition to the rents specified abo~~c, subjcrt
to Geaeral Covenant iZo. 9, the Lessec aqrecs to pa/ Co the Cit}•
fecs as hereinaftcr provicied:
~ LEASE - Paqc 1 I:3ITI:.LS • '
Revised 3/30/79 LF.SSFF.:~
I,ESSO:t:
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_- - - - -- - --- -_ - - ' - - -_ - -- -- - ~
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-- - ,
(a) Assessments for public Qimpzovements now
benefiting property in the amount of S
" (b) Taxes pertaininq to thc leaschold interest of
the I.essee.
(c) Sales tax now enforced or levied in the
_.. future computed upon rent payable in monthly iastallments rrhether
reat is paid on a monthly or yearly basis.
(d) Lessee agrees to pay all taxes and assess-
~~~~~r _~~~
-•- -~ ments levied in the future by the City of Kenai, as if Lessee was
-- _ ••-- considered the legal owner of recozd of thcs Leased Property.
---~ ~'~ ;~ -~ ''~ -- _ (e) Snterest at the rate of eight percent (8i)
___ - -- _" . per annum and ten percent (104) penalties on any amount of money
~~ ~ . . owed under this Lease which is not paid on or before the date it
. -_ _y_ ~ _ '. -- -- . becomes due. , . ~ .
_ --- -- • -
-- _ _. "-. ~ " ' .
. (f) Additional charqes as set forth in Schedule
~
; -_ _ -- A, attacheS.
~
. Ttse purpose for which this Lease is iseued is:
GENERAL COVENANTS
~~~ __ ~• 1. USES: Except as provided herein, any reqular
-~--- ~'~ use of lands or fac~lities without the written coasent of the
-------- . City is prohibite8. This prohibition shall not apply to use of
- areas designated by the City for specified pub2ic uses, such as
- - -- ~ passenqer termiaals, automobile parking areas, and streets.
2. USES NOT CONTEMPLATED PROBIBITED: Solicitation
of donations or the promot on or operat on of any part or kind of ,
business or coaanercial enterprise, other than as specifieally set
forth herein, upon, in or above airport lands, without the written
consent of the City fs prohibited. .
3. ASSSGNMENTs (Not for collaterai purposes)
y~~ ~ Lessee with City's wr tten consent, which will not be unreason-
ably denied, nay assign, in whole or in part. its riqhta as
Lessee (Leasehold Estate) hereunder except assiqnments for
-~ collateral purposes will be allowed pursuant to the provision of
. paraqsaph 33 herein.
Any assiqnee (except assiqnee's for collateral
purposes, which wf1l conform to the provisions of Paragraph 33
instead of this paragraph) of part or all of the leased premises
shall assume the duties and obligations of the Lessee as to the
such part or all of the leased premises. No such assignment,
however, will discharge Lessee from its duties and obligations i
hereunder. • ;
-^Y~•~^--""t~- -• ••~~ - 4. SUBLETTING: Lessee may sublet part or all of ~
its interest in the easehold pzemises without prior City approval.
except that Lessee agrees to send a copy of his executed sublease
to the City wfthin 10 days after its execution. In additioa, all ~
subleases are subject to the terms and conditfons of the main
lease, and no sublettinq shall affect the obligation of the
Lessee to perform all of the covenants required to be performed
by the Lessee herQin.
I
5. TR£1-Tr1ENT OF DEEIISE: Tho Lessee agrees to
keep the premises c ean and in good order at its own expenso,
suffcring no strip or ~.aste thcrcof, nor removing any material ~
thcrofrom, without written pesmission of the City. At the expiration ~
LEASE - Page 2 SNIT2ALS .~ \ . -
Aevised 3/30/79 LESSEE:_~~
LESSOR: ~ ~
i • . . • ~ '.
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5~3. UNLASIFUL USE PROHIIIITED: Lessee shall not
allow the leasehold premises to be used for an unlawful purpose.
55. APPROVAL OF OTHER AUTHORITIES: The issuance
by the City of Leases does not relieve the Lessee of responsibil-
~ _, __ _
"`~ fty of obtaining licenses or permits as may be required by duly
authorized Hozouqh, State or Federal aqQncies.
• ~ ~ .. . ...-.~...^.. ..,-~'-~!
~,,,_ ~._ 56. REASSIGNMENT/RELOCATION: Should it be ne
„ ~_ .. to re-assfqn Lessee to a i£ferent area of the air
::r• --~-~ .. .--... -~
' term the parties agree as follows: At least y(30) days
•• _:-_ -- .
" written not n advance of such reassi , shall be provided
~~ -• to Lessee. The co f relocation, udinq the costs of
.. . ._, _:_ moving and setting up cou elated facilities, shall be
" ~ _
- borne by the airport te a , upon the agreement of the
-~ . '-__.. '_.' parties, be subtr from the month t due by Lessee to the
__-.
'
-
-' Airport te . Should reassignment and re ion be necessary,
,
.
._.
. ~ Lesse 1 be provided and afforded equivalent spa n terms
.. th azea and location, as that which ft presently occu .
~ IN WZTNESS FIHEREOF, the parties hereto have here-
unto set their hands, the day and year stated in the individual
acknowledgments below.
.._.c___ _ , . LESSOR:
I
`~"-"_
f CITY OF KENAI
,
. . . _ .. _ _ _ _ '°'~i'v~i~fif
.
gy;
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j' LESSEE:
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ATTEST:
i;=_- i .. ~ ~ . -
,; ' T tle
STATE OF ALASKA )
- i :_.
)ss
~ ~'~`~`~"`^'`"%"~ - ~--- ~~ •' ~ -~ - THIRD JUDICIAL DISTRICT )
f.
;,y.?; Before me, the undersigned, a Notary Public in and for the
'.?~ State of Alaska, on this day personally appeared CNARLES A.
r.- ~~ ~ BROGiN, Actinq City Manaqer of the City of Kenai, known to be the
~ person who executed the above Leasc and acknowledqed that he had
' the authority to siqn the same, for the purposes stated thcrein.
t' ~
r' GIVEN UNbE 1~1Y FIANO AND SEAL OF OFFICE, this ~~a}~ of ~~~
~ I . 19,~. ' . . .
f ~~ ' ' ~
"? No~ , pu lic in d for A}ask~~,
_----~ 'I F1y onmission Exp es:~~~~an/S(~'
-~7~-
I:IITIALS n~
LESSEB: /
LESSOR:
~
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CORPORr1TI0:7 ACIi::O::LEDC?SE:7T
ST~1TE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
Sefore me, the undersigaed, a tJOtary Public in and for the
State of Alaska, on this day pezsonally appeared
and , known to me to be the
persons and officers whose names are subscribed to the foregoinq
Lease, who being duly sworn, did say that they are the President
and , respectively, of
Company, a corporation, and acknowledqed to me that they exeauted
said Lease as their £ree act and deed in their said capacities,
and the free act and deed of said corporation, for the purposes
stated therein.
GIVEN iJNDER PIY HAND AND SEAL OF OFFICE, this ddy of
19 -
Notary Public n and or A aska
My Commissfon Expires:
INDIVIDUAL ACICNOWLEDGMENT(S)
SE£
~ r
STATE OF ALASKA ) "
)ss
THIRD JUDICIAL DISTRICT )
On this ,~da i f , 19,~, before me personally
appeared ~ n , knorm to be the person who
executed the above Lease an acknocaledged that he (she) had the
suthority to sign the same or the purposes stated thereia'.~~
' ~ .ii 1~~~~ '.
No ry u 1 c n nd for A ask '~~
M Commission Ex res:~o%~~ ~~~ - ~ c~ '~ .
, ~.
ACKNOWL$DGMENT FOR IiUSBAi~ID AND t~IIF$
STATE OF ALASKA ) f
)ss
TfiIRD JUDICIAL DISTRICT )
Sefore me, the undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeazed
and , husband and wife,
ot known to be the persons wliose names are suuscribed to the
foreqoing Lease, and acl:nowledged to me thnt they executed the
' same as their free and voluntary act and dQed, and for the purposes
and considerations therein exprassed.
GIVCN UND~R ElY HAND AyD SCAL OF OFI'ICE, this day of
. 19 -
Yotar}• Public in and for Alaska
MY Comraission Expires: J
LE~SE - Paqe IJ IvITIAL3_J~~
REVISED I1/13/79 LESSEE: ~
LESSOR:
_ 1
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~ Approved as to Lease form by City Attorney
.., ~ ° •- --- - (Initials)
~ ~ - _ _ . _ ~~ -"'"'" "~`~""` Approved by Finance Director 'ci
. ' -_ --.-- In tia s -
':.L~-~~:.~~~~:r,'.~.•. _ . APProved by City Manaqer Cy,Q
- -- -- ~ ._,.: - . Zn t a s)
- --~` .~ ;.~-~ ' =" '-=- ". ' -- - • LEASE APPROVED BY City Council this ` day of , 19
~- ::r:l--"• _. ' . ~ _. _ . ~~
- - ~ - . ~_ . City Clerk
-. . -
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LEAS£ - Page 15 ZNITIaLS
_ REVISED 11/13/~9 ' LESSEE:~_
LESSOR:
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, .- EXHIBIT A
~-
_
VALUE
RATE
RENTA!
, DESCRIPTION SQ• FT. PER F7. OF RETURN ANNUAL MONTHLY
~ Lot 4-Block 1 39,200 $1.40 6~ $3,292.80 $21'4.40
_ ' Lot 5-Block 1 39,200 :$1.40 6% $3,292.80 $274.40
Lot 6-Block 1 39,200 $1.40 6% $3 292.80
9
878
40 274.40
,
. 823.20
APPRAISED FAIR MARKET YALllE FOR:
Lot 4 - Block 1 $54,880
, Lot 5 - Block 1 $54,880
- Lot b - Block 1 $54,880
_-- (
~
~ EXHIBIT A fOR:
T& 0 REALTY C0.
, ! DEAN YEASEL & TOM WATERER
^ i 16950 Morris Rose Road
, ~:
, ` ~.
( Jackson Center, Ohio 45334
_ ~ CITY OF KENAI
` ~ P. 0. BOX 580 - Kenai, Alaska - PHONE 283-7535
r, ~ `; " ~
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~~ H I LL Anchurage Office
en ineers 310 K Strect, Suite 602 Mchorage, Alaska 5~95~J1
pl a ners 90~/2~9~a9i
econom~sts
scientists
~ate Decerf~er 14, 1979
Job No. K12720.00
Ci ty of Kena i Client Ref. No.
Boz 580 lnroice No. 10008
Kenai, Alaska 99611
~~,~? ia~
Attn: Mr. Charles Brown, Acting City Manager ~
S7ATEMENT
For professional services fran Octol~er 25 through Noverri~er 24, 1979
regarding the Sewerage Projects design. For detail regarding this
billing perIod refer to Progress Report No. 8.
Professionai Services ;29,160.57
6cpenses 2,696.74
MusLafa, Hong (minorlty sub) 2,582.80
~ 5,559.89
Total $40,000.00 ~
~1 1
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fYYW1~1 LVG • . . . . • • • . . . • . . . . . . . . .~uO~OOO.OO +
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~ (~ !-' f'T'Y MANAGER._... p~NANC~ .,._~~,,,,,,~ r
± `I ; s ~I ~~ 171-tOh ~ IO ~QO G ~'.°LIC WORKS..~~ ^ ATTORNEY .....,,,,._.__...~.»„~
/ S
_ _ ~ I . CLERK ... ~ ~
~~ OeT~GIPIAI COCY TO ...~~.~..S..A~...f..~~ ~
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OUE ANO PAYABLE AN RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTEO 8Y A"7ERIOOIC RATE" OP 19i PER MONTH, WHICH IS ~
AN ANNUAL PERCENTAGE RATE OP 12% (APPl~EO TO TME PREVIOUS MONTH'S BAIANCE AFTER OEDUCTING PAVMENTS ANO CREOI7S +~
FOR TNE CUFiRENT MONTHI, WILL BE CHARGEO ON ALL PAST•OUE AMOUNTS UNLESS OTHERWiSE PROVIOEO BY LAW OR BY CONTRACT. ~'
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Y ~ MUS1AfA,HOAG d ASSOCIAIES INC.
,_ ' ConsuNinp Enpineen 1'IyVOIC ; I:O. 11 j.F,
' ` ~ t432 F~rstAre. Room505, Seatlle~Wa.98101 ^
7.1. (206)622-6062 Uec. 7, 1U79
- n
-. CH2M HILi, J~IOATHtiES?' IIJC. ~~~ ~~~c~?t~ 1•;. 0. ;~o. u225
310 K Street ;
Anchorage, Alaska 99501 ~ C~'~r'~~"i~;qk,
Attn: Mr. Loren Leman
FOR PROFRSSIONAL SERVICES: KENAI STEP 2
PAYROLL: From Oct. 26 to N ov. 25, 1979
Engineering 52 hrs. C~$17.31 x 2 $1,800.24
0
TOTAL PAYROLL COST:
$1,800.24
EXPENSES: Travel & Subsistence 454.34
' Telephone 1.14 ;
~
~--,
TOTAL COST: $2,255.72 -
FIXED FEE: ~2,255•72 x 0.1y5 327.08
• j TOTAL DUE THIS INVOICE ... ...........................$2,582.80
APPROVEOFORPAYMftiT '
,~ /2720. ~/
Chg. ~s-b N
gr~,wflW Gy~ ' / /O 79
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~ CH21~ .
~~ HILL
enginc~ers
.-~ planners
economists
scientists
December 19, 1979
K12720.00
Mr. Charles Brown
Acting City Manager
City of Kenai
Box 580
Kenai, Alaska 9961i
Dear Charles:
Re Kenai Sewerage Projects Design
Project Report No. 8
Significant project progress during November is summari2ed
as fo!lows:
,
~. Sewa~e Treatment Plant
" _~ o Completion of the 80$ contract documenLs; documents
prtnted and distributed to City, ADEC, Cor~~ of
,- Engineers, and internai review.
~'
, o Internal review compteted.
.~~'~ o Design modified to provide for more efficient
~ handling of combined screenings and dewatered
sludge.
'"
"
' o Received letter from ADEC re EPA Region X ~esi gn~
Guidetines For OperabilttY; Ftexibility, and ~iaTn-
`
_ iaTna
bTTi ty.--- --- - ---
} s;-.
~~, Interceptor
, ~,~
,
:~G•.,'. o • Received response to draft pians from Kenai Utility
Service Company, Gtacier State Telephone Company,
~~ and Homer Electric Association.
~ t
_~`
~
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Proceeding with final design; 80$ set of drawings
~ and specifications to be ready for agency review
_ _`_ ~ by January 16, 1980.
AnchoraYe OHice
310 K Suoet, AnchoraRe. ~~aska 99501 907/279-6.f91
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Mr. Charles lirown
City of Kenai
K12720.00
December 19, 1979
Page 2
r '~ _ ~_ r ~~
~
As we have previously discussed with Keith Kornelis and
Ernie Schlereth, we are assuming that the City of Kenai is
proceeding with easement acquisition. It appears that the
only property that wili require easement acquisition is that
located near the Russian Church.
Outfalt
o The outfall prelimtnary routing has been selected.
o Corresponded with AOEC by telephone regarding
outfall location and depth.
o P~epared Ietter for submittal to ADEC to be accom-
panied by outfall routing plan and conceptual
design.
The sludge disposal issue sti11 remains unresolved. According
to a recent telephone conversatlon with Bob Martin of the
ADEC, an agreement with the Borough for sludge disposal or
plan for separate disposal by the City witl need to be
executed. Please let us know how the City plans to dispose
of the sludge and what our role should be in securing the
necessary agreements and permits.
Sincerety,
~• /'~~~~c~, .
Loren D. Leman, P.E.
bja
cc: Keith Kornelis
~ :_ . ' . _.~ ~ ~_T~ __ ~
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APPLICATION FOR PERMIT FOR AUTHORIZED GAMES OF CHANCE AND SKILI '
CALENDAR YEAR 19 80
RETURN T0: PERMIT FEES:
Dept. of Revenue - Audit $20.00 due with application
Games of Chance b Skill 1% of entire net proceeds due wfth annual
Pouch SA financial statement
Juneau, Alaska 99811
FIRST APPLICATION
~-PERMIT RECEIVED PREVIOUSLY
APPLICATION MUST BE COMPLETED IN ACCORDANCE WITH 15 AAC 05.460
1 ~~
ORGANIZATION: ~t~
Name: I~I F~ I~ B~ ~2425 ~. ~
' - ~
Address: p•0. B~ 666 (,Alyestca Stsaeet) ~~'
• IGe~si, A1sslat 99611 .
QUALIFICATIONS FOR A PERMIT:
A. Tqpe of organization (Check one)
(1) Civic or Service (6) Veterans
(2) Religious (7) Police or Fire Company
(3) Charitable (8) Dog Mcsshers
(4) $ Fraternal (9) Fishing Derby
(5) Educatioaal (10) Political
(11) Labor
B. State hov long organization has been in exiateace '~ ~10) YeaL'7s
C. Recogai2ed as a aon-profit organization under the Federal Income Tax Laws.
X Yes ~ No
Include a copy of IRS Certificate if not previouslq submitted.
D. Affiliation with National Organiaation:
Name of Natioaal: ~t dAd PX~teCtine ~ Of EIkB o~ th~ ~A
Headquarters Address: ~~ T~""~'ia
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 prevfously submitted.
***AI.L AAISWERS MUST BE PRINTED IN INK OR TYPEWRITTEN***
04-643 (8/78) (over)
,.-- - _ ~ ~,~ -~ _ __ _ _ - -
.- -... ~ .. -~ . ,- ,--• -~ ----....-~'~
1
,. ~~ TYPE OF GAMES TO BE CONDUCTED: • ~
i
(1) ~ Bingo (3) Ice Classics (6) Pish Derbies ~
(2) X Raffles b Lotteries (4) Rain Classics (7) Contests of Skill ~
(5)_ Dog Mushers Contest
List types of games by couunan name ff other than those listed above.
See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450.
OFFICERS:
Name Title
M8~1141 2~10~8 C'~Sd3II[IHtI " Z'tuSteB
w
w
d =
Home Phone
YERSONS IN CHARGE OF GAMES (Must be a member of permittee organization):
Name TiLIe Home Phoue
1. $!'1@St ~38~t " Q13~.IIG3t11 ~ ~1.'~'+~9 Z8~7624
~ 2.
" DATES AND HOURS OF GAMES: . . . ,
Bingo games must not be held more than 9 times a month with 35 games per sestiion.
Date Hour Date Hour
!+l~IDAYS SsO~i
DEDICATIOI3 OF NET PAOCEEDS:
,~I 25~OQ0.00
~, ~ A. Estimated gross receipts (yearly) $
B. State the specific purposes for whic the entire net proceeds are to be devoted
~ aad in what manner. ~L'~1~ SC~1o~SS'Q~iips. Yoltth ACttv3.t~A. OOniRtnity Sesv3Ce
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CERTIFICATION:
We certify that all the officers and all the persons in charge of games are of
± good moral character and have aever been convicted of a felony. We certify, under
the penalties of perjury, that all of the statements contained herein are true
_`}_- and correct to the best of our knowledge and belief.
~11
-- S:GN TURE OF TGTO OFFICERS REQUIRID CITY CO L APPROVAL
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CITY OF KENAI
„l~:l G'~~:~,C ~ ,Q~u,~„
P. O. BOX 580 KENAt. I-L/-fKA 99611
TEIEPHONF 483 • 7535
Jaauary 10, 1980 ~
Memo To: Renai City Council
From: Charles A. Bro~n, Acting City Manager
Re: City Hall Architectural Coatracts
Tbe City's grant from C.E.I.P. is for $50,000 to hire an architect
to perform services through "final working drawiags and specifications
setting forth ia detail the requiremeats for the construction of the
entire project, ....,"
When we solicited groposals for architectural services, we
attempted to get desigu and inspectioa services for $49,000. And,
this is what is writteu into Carmen Gintoli's contract. Currently,
his contract is for schematica, design development, construction
documents, biddiag or negotiation. aad construction services.
James Anderegg of C.E.I.P. has objected to the inclusioa of the
bidding or aegotiatioa phase and the construction servi.ces phase
ia the contract becauae it is beyond the scope of our grant. I
cannot deny this. It may seem that we are being penalized for
trying to get the most for our money, but the grant terms are specific.
Therefore, we have no choice but to present to you two coatracts:
1) The first is for $45,000 for schematics, design 8evelopment,
and coastruction documents.
2) The second is for $4,Q00 for biddfng or negotiation and
coastructfon services.
C.E.I.P. will fund the $45,000 contract. The funds left from the
$50,000 grant not used for that may be used, with the approval of
C.E.I.P., for additional services relating to design.
This does mean that the City will have to pay for the $4,OOQ cor-tract.
This was aot anticipatedo However, the $4,000 contract will only become
a realty if the City Hall is constructed; and, if the City Hall is
coastructed, we will be lookiug for some $950,000. Therefore, all
~
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Memo to City Council
January 10, 1980
Page 2
this really means is that instead of finding, say, $950,000, I will
be asked to find $954,000.
I apologize to Council for this mix-up and take full responsibility
for it.
Sincerely,
Gt...V- ~. G2.~._
Charles A. Brown
Actiag Citq Maaager
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AGREEMENT BETWEEN OFi*7ER ANt; ARCHITSCT
TftIS AGREEMENT made this 26th day of November, 1979,
betwee~i CITY OF KENAI. P. O. Box 580, ICenai, Alaska 99611,
the Owiier, and CARMEN VINCENT GINTOLI, Suite 210 Professional
Buildinq, P. O. Box 3504, Kenai, Alaska 99611, the Architect.
It is the intention of the Owner to secure plans and
specifications for construction of a City.Eiall, hereinafter
, referred to as the Project.
I The Owner and the Architect agree as set forth below.
I. TFiE ARCHITECT shall provide pzofessional services
for the Froject with a tota2 construction cost not to exceed
5950,000.00 in accordance with the Tezms and Conditions of
this Aqreement.
II. TNE OWNER shall compensate the Architect, in ac-
cordance with the Terms and Conditions of this Aqreement
' (and over and above the previous payment in the amount of
52,500.00 for initial work on preparation of Schematic
Desiqns for this Project which has been funded and paid by
Owner) as followa:
a. FOR TFiE ARCtiITECT'S SASIC SERVICES, as described in
Section 1.1, Hasic Compensation in the amount of S45,000.00
subject to Section 6.1 and Article S
herein.
b. PQR THE ARCHITECT'S ADDITIONAL SERVICES, as described
in Section 1.2, compensation computed as foliows:
For Principal's time at the fixed rate of 545.00
per hour. For the purposes of this Aqreement, the
Principal is:
Casmen Vincent Gintoli, Architect
Por Employees' time at:
Professional Architect ... 535.00 per hour
Drafting . . . . . . . . . $20.00 per hour
Secretarial~. . . . . . . . 510.00 per hour
a. POR THE ARCHITECT'S RE2MBURSABLE EXPENSES, amounts
expeaded as defined in Article 5.
d. THE TZMES AND PURTHER CONDITIONS OF PAYl1ENT shall
be as described in Article 6 and Article 8. ,
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TERMS AND CONDITIONS OF AGREEMENR
' ARTICLE 1
ARCHITECT'S SERVICES
_ __~.~..anr~ -^- ~~
~~ 1.1 Sasic Services
__. _. j The Architect's Sasic Services consist of the three
phases described below and include normal structural,
mechanical and electrical engineerinq services. These
. i services include, without being li.mit,~d thereto, those
~ services relatislg to planning and design set forth in
the Proposal of Architect dated September 14, 1979 (a
; copy of which is attached as Exhibit "A") and the
further proposa2s relatinq to planning and desiqn
~ :." ~_ - ~ contained in "SCOpe of Services to be Provided" dated
~~ ~ October 18, 1979 (a copy of which is attached as Exhibit
, w8~~.
Schematic Design Phase
i 1.1.1 The Architect shall prepare schematic designs for a
~ suitable City Hall for the City of Renai, includinq studies
~ • of innovative enerqy conservation, present such designs for
~ approval to the Renai Advisory Planning and Zoninq Commission
~ and to the City Council, and to modify such desiqns as may
j ---- --- ! be necessar to obtain a
~"'t~~ y pprovai of the designs by the City
i Council.
Desiqn Development Phase
1.1.2 The Architect shall prepare from the approved Schematic
Design Studies, for approval by the Owner, the Desiqn Develop-
~ ment Documents consisting of drawinqs and other docwnents to
fix and describe the sfze and character of the entire Project
~ as to structazal, mechanical, and electrical systetas, materials,
~ and auch other essentials as ma be a
y ppropriate, and insofar
as possible all such structural, mechanical, electrical, and
~ other materials fixed and described shall be standard materials
I~ readily obtainable on local markets, whfch shall include the
~ Anchorage, Alaska area, unless use of other materials is
I~ aqzeed upon by the Ownez in writinq after full disclosure of
~ advantages and disadvantaqes of use and comparable costs by
i the Archftect. The Architect shall ascertain the availability
of any such alternative materials which are not standard
i procurement ftems in the Anchorage, Alaska area and shall
~ fnform Owner of the length of any probable delays in the
I .o procurement of these items by the Contractor.
.,. . 1
i 1.1.3 The Architect shall submit to the Owner a further
i Statement of Probable Construction Cost not to exceed 908 of
the construction budqet for the Project, as set in Paragraph
! I on Paqe 1 hereof.
f Construction Documents Phase
~ 1.1.4 The Architect shall prepare from the approved Design
I Development Documents, for agproval by the Owner, Working
~ Drawinqs and Specifications setting forth in detail the
requirements for the construction of the entire Project
providing for a structurally sound buildinq in which all
systems work efficiently, including the necessary biddinq
information, and shall prepare, to Owner's approval, biddinq
forms, the Conditions of the Contract, and the form of
Aqreement between the Owner and the Contractor. The Architect ~
shall supply 35 sets of construction documents and one set
of reproducible working drawinqs on qood quality vellum,
. - ;. ARCHITECT AGREEhfENT - Page 2
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mylar, or equi~~alent. The substantial aspects of the design
as indicated by the working drawinqs and specifications
shall comply vith the requirements and regulations adopted
pursuant to the Occupational Safety and Heaith Act (OSHA)
and all requirements of local and state building, fire, and
other codea at the time of completion of the construction
~ docuraent phase of the work.
~ 1.1.5 The Architect shall provide the Owner with a Cost
~ Estimate of the Project. Said estimate to be reviewed
+ during the Constructfon Document Phase with the Owner to ~
~ determine budqet zequirements.
I
1.1.6 The Architect shall file the required documents for
! the approval of state and local governmenYal authorities
~ having jurisdiction over the Project and be responsib2e for
~ obtaining all necessary approval.
I' 1.2 Additional Services
If any of the followinq Additional Sezvices are authorized
by the Owner in writinq, after being informed that the
services requested would require additional archi-
tectaral fees and an estimate of the amount, they shall
be paid for by the Owner as hereinbefore provided.
1.2.1 Providinq financial feasibility or other special
' studies.
~ 1.2.2 Providinq design servicea relative to future facilities, •
systems, and equipment which are not intended to be constructed
~ as part of the Project. ~
~ 1.2.3 Preparing docwnents for alteznate bids or out-of- ;
sequence services requested by the Owner, unless contemplated
• fn oriqinal agreement for services. ~
a
~ 1.2.4 Providinq interior desiqn and other services required ;
for, or in connection with, the selection of furniture and
4 furnishinqs. ~
~
1.2.5 Making major revisions in Drawings, Specifications, ~
C' or oiher documents when such revisions are fnconsistent with
written a rovals or instructions ~
~ pp previously qiven and are ~
, due to causes beyond the control of the Architect.
1.2.6 Preparinq to serve or serving as an expert witnesa in
, conn~ction with any public 'searinq, if requested by the _
o~mer in writing.
~~
1.2.7 Providing any other ~lanninq or desiqn services not ~
j. otherwise included in this Agreement os not customarily .
furnished in accordance with qenerally accepted architectural
practice. :
i ARTICLE 2 ~~
TfiE OWNER'S RESPONSISILITIES i
2.1 The Ownez shall provide full information reqardinq '
his requirements for the Project.
2.2 The City Manaqer tor in absence of a City Manager,
the Acting City Manaqer) of the City of Kenai is hereby
designated as representative foz the Owner authorized to act
in its behalf with respect to the Project, and he is hereby
authorized, by written notice to the Architect, to appoint.
and to rescind the appointment of, a deputy to exercise such
suthority in his place. The Owner's representative, or his
ARCHITECT AGREEMENT - Paqe 3 I
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deputy, shall examine documents submitted by the Azchitect
and shall render decisions pertaining thereto promptly, to
avoid unzeasonable delay in the progress of the Azchitect's
t9ork.
2.3 The Owner shall furnish infozmation requized of him as
expeditiously as necessary for the orderly progress of the
Work.
ARTICLE 3
CANSTRUCTION COST
' il .~.- . -
3.1 Construction Cost does not include the compensation
~ of the Architect and consultants, the cost of the land,
~ riqhts-of-way, movable equfpment or furnishinqs, or other
costs which are the responsibility of the Owner as provided
' in Section 2.3.
3.2 Statements of Probable Construction Cost and Cost
Estimates prepared by the Architect sepreaent his best
judqment as a design professional familiar with the construc-
tion industry. It is recognized, however, that neither the
Architect nor the Owner has any contzol over the cost of
labor, materials, or equipaent, over the contractozs' methods
of determining bid prices, or over compet:tive bidding or
market conditions. Accordingly, the Architect cannot and
1 does not quazantee that bids will not vary from any Statement
of Probable Construction Cost or other cost estimate prepared
• by him.
i 3.3 If a Statement of Probabie Construction Cost or a
Cost Estimate exceeds 90g of the construction budget for the
Project, the Owner shall (13 qive written approval of an
fnerease in such fixed limit or (2) cooperate in revising
f the Pzoject scope and quality as required to reduce the
k Probable Constructfon Cost. If Owner acts under (2) above,
~ the Architect, without additional charge, shall modify the
Drawings and Specifications as necessary to brinq the said
statemeat or estimate within the fixed limit. The providinq
of auch service shali be the limit of the Architect's responsi-
~ bility in this reqard, and havinq done so, the Archftect
, shail be entitled to compensation in accordance with this
Aqreement.
ARTICLE 4
~' : .
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~ GROSS SALARY
f ~
' 4.1 Gross Salary of employees enqaged on the Project by
the Architect includes architects, engineers, desiqners, job
~ captains, draftsmea, specification writers, and typists, fn
consultation, research, and desiqn, in producing Drawings,
Specifieations and other documents pertaininq to the Project.
~ 4.2 Gross Salary meana the hourly rate of pay of such
employees prior to any withholdinq required by atate or
federal law or contracted for or aqteed to by said employees,
and auch hourly rates are set forth in TIb. on the first
paqe hereof.
4.3 The Architect shall bill the Owner promptly each
month for the percentage of services perfozmed during the .-
preceding calendar month and shall submit a detailed progress, ~
report therewith. Services which have not beea billed `-~
withia 90 days of performaace shall not be paid for.
ARCHITECT AGREEMENT - Page 4
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ARTICLE 5
REIMBURSABLE EXPENSES
~ 5.1 Reimbursable Expenses ase in addition to the Com-
pensation for Sasic and Additional Services and include ~
~ actua2 expenditures made by the Architect, his employees, or
I his professfonal consultants in the interest of the Project :
i for the expenses lfsted in the followinq Paraqraphss
; 5.1.1 Expense of repzoductfon of contract documents, if
1 any, required in excess of 35 sets which Architect has
agreed to furnish in Section 1.1.3 above.'
1 5.1.2 if authorized in advance by the Owner, expense of
overtime wozk requiring hiqher than regular rates.
' S.1.3 Expense of computez time when used in corsnectioa with
Additional Services.
ARTICLE 6
PAYMENTS TO THE ARCAITECT
6.1 Payments on account of the Archltect's Basic Services
ahall be made monthly in proportion to the percentage of
+ aervices performed as provided fn Section 4.3.
This contract is sutomatically suapended after each of i
~ the phases in Artfcle i until Owner approves such phase,
. which will authorize proceedinq with the next phase, and no ~
~ payments aiil be due or made for any part of a phase performed -
! before auch approval of the previous phase.
• 6.2 Payments for Additlonal Services of the Architect as ~
j• defined in Section 1.3, and for Reimbursable Expenses as ~
~ defined in Article 5, shall be made monthly upon presentation ~
of the Architect's statement of services rendered.
R 6.3 if the Pzoject is suspended for more than three j
; montha or abandoned in ahole or fn part, the Architect shali ~
i, be paid his compensation for sezvfces performed prior to
~ automatic auspension under 6.1 or prior to receipt of ~
~ written notice from the Owner of suepenaion or abandonment,
i toqether with Reimbursable Expenses then due and all terminal - ;
expenaes result,inq from such suspension or abandonment. if II
i the Project is resumed after beinq suspen8ed for more than
~ three months, the Architect's compensation sha12 be subject ~
~ to renegotiation. • ~
ARTICLE 7 ~
• ARCHITECT'S ACCOUNTING RECORDS ,
7.1 Records of the Architect's Direct Personnel. Consultant,
and Reimbursable Expenses pertaining to Chapter 1.2, Article
5 and records of accounts betweea the Owner and the Contractor,
shall be kept on a generally recognized accountiiq basis and
shall be available to the Owner or his suthorizei represent-
ative durinq normal office hours. .
ARTICLE 8 ' ~
TERMI~1AT20N OF AGREEMENT
I (
~ 8.1 This Agreement may be terminated by either party upon ,
seven days' written notice should the other party fail to
ARCHITECT AGkEEMENT - 5
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~ substantially perform in accordance with the terms thereof
without fault of the party terminatinq. This agreement may
', also be terminated when, in the sole discretion of the
. ~ Owner, it becomes unfeasible or unneces~ary tv build the
project contemplated by this agreement. In the event of
~ termination not due to the fault of the Architect, the
i , ; Architect shall be paid his compensation for services performed
to termination date, including Reimbursable Expenses then
_~,,,..~,,,,,.~,,,q~,~~r„~.. ,; j due and all terminal expenses, and this shall constitute the
~ •' Architect's sole right and recourse aqainst the Owner.
~ Should this contract be terminated because the Architect has
failed to substantially perform his duties in a timely
~
-~~~~ "~-' - manner, then the Architect shall be paid only for the reason-
t able value of his services to-date less any damaqes or
additional costs incurred by the Owner as a zesult of the
~ Architect's failure to perform his duties.. The Archftect
expressly waives any other recouzse aqafnst the Owner. •
~ ~; 8.2 This Agreement may be terminated by Owner upon seven
~ days' written notice to Architect in the event no agreement
,
_
~ ~ ~ can be reached between the partiea on renegotiation of
-
~ .
.
Architect's compensatfon urider Section 6.3.
~
1 ARTICLE 9
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OWNERSHIP OF DOCUMENTS
'
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9.1 Drawings and Specifications, whether or not completed,
~ :.,~,,~,--~~» ~ which are produced aad paid for under this contract, shall .
be the property of the Owner whether the Project for which
j they aze made fs executed or not, with all rights of use
thereof. The Owner specifically relieves the Architect of ~ .
any responsibility or liability pertaininq to any use thereof,
-- " in whole or in part, ualess the Architect is employed for -
such use.
~
t. ARTICLE 10
`~ SUCCESSORS AND ASSIGNS
~
j 10.1 The Owner and the Architect each binds himself, his
. ~ partnera, successors, asaiqns, and leqal representatives to i
the other party to this aqreement and to the partners, ~
f successors, assiqns, and leqal representatives of such other
' party, with respect to all covenants of this Aqreement. j
Neither the Owner nor the Architect shail assign, sublet, or
I
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~ transfer his interest in this Aqreement without the written
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consent of the other.
'', ~ ° 1 ; ,
~ ! .. I .µ, ~, ARTICLE 11 ~ ~
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~ ~ EXTENT OF AGREEMENT
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' 11.1 This Agreement representa the entire and integrated
~
. aqreement between the Ownec and the ArcMite~t and svrersedes
I
,; , all prior negotiations, representations, or agreemeats, a
I
~ either written or orai. This Agreement may be amended only ;
: by wrftten instrument signed by both Owner and Architect. ;
~ ~~ ~'
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' ARTICLE 12 ~
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GONERNING LAW ;
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12.1 Unless otherwise specified, this Aqreement shall be ~
'
, ; i governed by the law of Alaska, and any lawsuit brouqht ~ 1
~
~ thereoa shall be filed in the Third Judicial District at w
- .' i , Renai. Alaska.
' ~~ ' ,
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~ ARCHITECT AGREEMENT - 6 ;
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12.2 This Aqreement is antered into pursuant, and shall
be subject to, the provisions of that Contract for Services,
. including Appendix A and Appendix B attached thereto,
; betaeen the City of Kenai and the Department of Conanunity
' and Reqional Affaizs dated July 23, 1979, a copy of which is
attache8 hereto as Sxhibit "C."
1
~ ARTICLE 13
~I TIME OP PERFORMANCE
t
13.1 The Aqreement of Architect include,d in the Proposal
+(Exhlbits "A' and "8') to provide Coatract Docwnents by
i March 31, 1980, was made dependent on notice to proceed by
i Owner, and performance requires approval by Owner of various
f~ phases under this contract as follovs:
'~ 13.2.1 Pro ram A
, q pproval, includinq
area desired and maximum
' construction budqet . . . . . 11/21/~9
13.1.2 Schematic Designs . . . . . . 12/S/79
13.1.3 Desiqn Development . . . . . 1/16/80
This Agreement is executed on the day and year first
~ written above.
{i OWNBR
` CITY OP RENAI
I SY~C ty Manaqer
t P. O. Box 580
Kenaf, Ak 99611
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t. ARCHITECT
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' Carmen V ncent G nto
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~' APPROVED AS TO FORM:
~~ aen T. Delahay, City Attorney
~
~ ARCHITECT AGItE£MENT - 7
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carmen vincent gintoli, architect ~.
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~January 10 1980 - ' '
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City of Kenai
_ Box 580 ~ .
' Kenai, AK.99611 ' ~
, • ' Attention: Mr. C. A. Brown, Finance Director ~
_ • , Acting City Manager . • .
~ . ' RE: Invoice for•Architectural Services , . !~
Ctty Halt ProJect . '
. 1 NV01 CE
~ • . .
~ Payment Due in Accordance with Contract
Design Devetopment Phase ---------------------------$ 9800.00
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Thank you. • ~ ~ • .
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~'~ O ATTORkEY
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ORIGIf?Al COPY TQ ~' •
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AGREEHENT BETWEEN OWNER AND ARCHITECT
THIS AGREEMENT made this 26th day of November, 1979,
between CITY OP KENAI, P. O. Box 580, Kenai, Alaska 99611,
the Owner, and CARMEN VZNCENT GINTOLI, Suite 210 Professional
Buildfnq, P. O. Sox 3504. Kenai, Alaska 99611, tt~e Architeat.
2t is the intention of the Owner to erect a City Hall
hereinafter referred to as the Project. "
The Owner and the Architect agree as set forth below.
I. T8E ARCSITECT shall provide pro£essionai aervices
for the Pzoject with a total construction cost not to excee8
5950,000.00 in accordance with the Terma and Con-
ditions of this Agreement.
Ii. TAE Ob'NER shall compensate the Architect, in ac-
cosdance with the Terms and Conditions of this Agreement
(and over and above previous payments for preparation of
Schematic Designs, Deaign Development Documenta, and
Construction Documeats for this Project) as follows:
a. FOR THE ARCHITECT'S BASIC SERVICES, as
described in Section 1.1, including weekly
I periodic visits pureuant to Paraqraph 1.2.11, ~
' Hasic Compensation in the amount of S4,000.00
subject to Section 6.1 and Article 8 herein. ~--
b. YOR T8E ARCHITECT'3 ADDITIONAL SERVICES,
as described in Section 1.2, compensation
computed as follows:
For Principal's time at the fixed rate of
$45.00 per hour. For the purpoaes
of this Agreement, the Principal is: ,
Carmen Vincent Gintoli. Architect
For Employees' time at:
Professional Architect 535.00 per hour
Orafting 20.00 per hour
Project Inspection 20.00 per hour
Secretarial 10.00 per hour
c. FOR THE ARCUITECT'S REIMSURSaBLE EXPENSES,
amunnts expended as defined in Article 5.
d. THE TIMES AND FUATHER CONDITSONS OF PAYMENT
shaZl be as described in Article 6 an3 Article 8.
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TERMS AND COtiDITIONS OF AGREEMEyT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 Basic Services
The Architect's Basic Sezvices consist of
the four phases described below and include
normal structural, mechaaical and electrical
engineering services. The3e services include
without being limited thereto, the services
set forth in the Proposal of Architect dated
September 14, 1979 (a copy of which ia
attached as Exhibit "A") and the further •
proposals contained in "Scope of Services to
be Provfded" dated October 18, 1979 (a copy
of which is attached as Exhibit "B") not
pzeviovsly accomplished under the planninq
and design contract of even date herewith.
Sidding or Neqatiation Phase ~
1.1.1 The Architect, followinq the Owner's approval of the
Construction Documents and of the Cost Estimate, shall
assist the Owner in preparing the construction contzact and
obtaining bids or neqotiated proposals thereon, and in •
awarding the contract.
i
Construction Phase - Admiaistration ~ •
of the Conatruct on Contract r
1.1.2 The Constructfon Phase will commence with the award
of the Construction Contract and will terminate when the
final Certificate for Payment is approved by the Owner.
1.1.3 The Architect shall provide Adminfstration of the
Conatruction Contract as aet forth herein, and the extent of
his duties and responaibilities and the limitations of his
authorfty as assiqned hereunder shall not be modified
without written consent of both parties.
1.1.4 The Architect, as the represeatative of the Owner
during the Construction Phase, shall advise and consult with
the Owner, and all of the Owner's instructions to the Contractor
shall be fssued throuqh the Architect. The Architect shall
have authority to act on behalf of the Owner to the extent
provided herein unless otherwise modified in writiag. The
Architect shall provide the Owner with copies of all cor-
respondence relating to the Project and shal2 promptly
inform the Owner of any circumstances affectinq the quality,
cost, or crompletion of the work. The Ormer reserves the
right to approve and to make all final determinations of
whether an item or material proposed by the Contractor as a
substitute for a specified item or material equals or exceeds
the item or material specified in the construction documents.
1.1.5 Both the Architect and the Owner shall at all times
have access to the Work wherever it is in preparation or
proqress.
1.1.6 For the contract fee the Architect, or his consultants,
shali r~ake periodic visits to the site for familiarization
generally with the proqress and quality of the Work and to
determine in qeneral if the t9ork is proceedinq in accordance
with the Contract Documents. On the basis of his on-site ~
observations as an architect, he shall endeavor to ascertain
ARCHITECT AGREEMENT - 2
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whether the work then in process is in accordance with the
Contract Documents and to inform and to guard the OWner
against defects and deficiencies in the Work of the Contractor.
The Architect shall not be resQonsible for construction '
means, methods, techniques, sequences, or procedures, oz for .
safety precautions and programs fn connection with the Work,
and he shall not be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract Documents
except for the responsibflities contained in Paraqraphs •
1.1.7, 1.1.8. 1.I.9, 1.1.10, 1.1.12, and 1.1.14. ~
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1.2.7 Based on such observations at the site and on the ~
Contractor's Applications for Payment, the Architect shall ~
determine the amount owing to the Contractor and shall issue '
Certificates for Payment in such amounts, but the Architect
may request proof of payment to sub-contractora or material- ~
men, or releases from subcontractors or materialmen, before •
issuinq Certificate for Payment. The issuance of a Certificate
, for Payment shall conatitute a representation by the Architect
to the Owner, based on the Architect's observations at the
afte as provided in Paragraph 1.1.6 and on the data com-
prising the Application for Payment, that the Work has .
progressed to the point indicated; that to the best of the
Architect's knowledqe, information, and belief, the quality
of the Work is in accordance with the Contract Documents ~
(subject to an evaluation of the Work for conforntance with + .
the Contract Docwaents upon Substantial Completion, to the .
resulte of any subsequent tests required by the Contract ~
Documents, to minor deviationa fzom the Contract Documenta ~
correctabie prior to completion, and to ariy specific qual- , ~
ifications stated in the Certificate for Payment), and that
the Contractor is entitled to payment in the amount certffie~ i
By issuinq a Certificate for Payment, the Architect shall ~'9~ •
not be deemed to represent that he has made any examination ~
to ascertain how and for what purpose the Contractor has '
used the moniea paid on account of the Contzact Snm.
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1.1.8 The Architect shall be, in the first instance, the
interpreter of the requirements of the Contract Documenta 1
and the judqe of the performance thereunder by the Contractor.
The Architect shall make deciaions on all clalms and questions
of the Contractor relatinq to the execution and progress of
the Work and on all other matters or questions related .
thereto. • ~
1.1.9 The Architect shail have authority to stop proceas
of work, or reject Work, which does not conform to the •
Contract Doc~uaents. Whenever, in his reasonable opinion, he
eonsiders it necessary or advisable to insure the proper '
implementation of the intent of the Contract Documenta, he
will have authority to require special inspection or testinq
of any work in accordance with the provisions of the Contract .
Documents whether or not such Work be then fabricated,
installed, or completed.
1.1.10 The Architect shall review and approve shop drawinqs,
samples, and other submissions of the Contractor for con-
formance with the design concept of the Project and for
compliance with the information qiven in the Contract Docu-
menta.
1.1.11 The Architect shall prepare Chanqe Orders as directed
by, and for approval by, Owner.
1.1.12 The Architect shall conduct inspections to determine
the Dates of Substantial Completion and Final Completion,
shall receive and review written guarantees and related
documents assembled by the Contractor, and shall lssue a
final Certificate for Payment on final completfon of the -
ARCHITECT AGR£EMENT - 3
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Work in full compliance with the Construction Documents.
When the ArChitect has determined the Date of Substantial
Completion, he will issue a Ceztificate of Substantial
Completion allowing for beneficial occupancy by the Owner,
settinq a reasonable time for the Contractor to correct any
. deficiencies and complete the Work, and makinq recommendations
(based on then current market values and labor costs) of the
amounts of payment to be withheld by the Owner until the
,' deficiencies are cozrected and Work completed.
~ 1.1.13 The Architect shall not be responsible for the acts
. or omissions of the Contractor, or any 5ubcontractors, or
any of the Contractor's or Subcontractors' agents or employees,
or any other persons performing any of the Work whfch is not
. within the scope of the duties of the H;chitect under this
i contract or assumed by the Architect or one of his employees.
• 1.1.14 The Architect shall provide full inspection services
i as follows:
Provide a minfmum of one weekly visit to
the site and provide written report of the
Contractor's proqress.
, Attend additional job site meetings as requfred
or for any problems which may arise durinq
construction.
The Architect aaticfpates more frequent visits
i to the site, due to his geographic proximity,
but this is not required under the terms of this
Agreement.
Review and approve materials submittals and shop ^
drawinqs.
Verify Contractor's compliance with CEIP regulatfons.
~ 1.1.15 The Architect shall be responsible to the Owner for
~ any deficiencies in the Work or variance from the Contract
: Documents which were noted, or should have been noted, by
. the Architect in his weekly inspections uniess the Architect
uses the authorities granted herein to secure correction by
I Contractor of such deficiencies or variancea.
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1.1.16 The Architect shall furnish the Owner within three
months after final completion of the Work, with necessary
sets of alI documents prepared under this contract and at
the conclusion of the Work ahall furnish either "As Built"
~ Drawinqs or, at thct option of the Owner and without additional
i cost, the oriqinal repzoducible Workinq Drawinqs and the
marked-up prints, drawings and other data showing the bufldinq
~~ °As Huilt" and furnished to the Architect by the Contractoz. '
All drawings required herein shall be on good quality vellum,
mylar, or equivalent so that they will be fully reproducible.
The Project shall not be closed out until all required
' drawinqa have been submftted to, and accepted by, the Owner.
' 1.1.17 The Architect agrees to carry all insuraace required ~
by law, and standard policies to insure the Architect and ~
the Owner against any c1aSm arisinq out of or caused by
errozs or omissions of the Architect in the performance of ~
duties under thfs Agreement and to furnish to the Owner a ~
copy of such policy or policies or a Certificate of Insurance ~
providinq for a 30-day notice of cancellation.
1.1.18 The Architect shall immediately submit to the Owner
copies of all written correspondence received from or sent ~
to the Contractor.
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ARCHITECT AGREEMENT - 4 ~
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1.1.19 If the Architect is then in the Renai area, he shali
! ; make an inspection, with Owner and Contractor, one year
~ i ; after completion of Project and will provide a written
t report of deficiencies found in such inspection which should
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- . '~~°'~"'"~°' 1.2 Additional Services ~
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~ If any of the following Additional Services
are authorized by the Owner in writinq, j
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~• after beinq inforned that the services ~
requested would reguire additional archi- ;
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tectural fees and an estimate of the '
~ amount, they ehall be paid for by £he
Owner as hereinbefore provided.
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1.2.1 Providinq special analyses of the Owner's needs, and
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~ pzogramminq the requiremeats of the Project. j
" • 1.2.2 Providinq financial feasibility or other special ~
t` Studi68. '
~ 1.2.3 Providing planninq surveys, site evaluations, or
, comparative studies of prospective sites.
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1.2.4 Providinq design services relative to future facilities,
) systems, and equipment which are not intended to be constructed ,
, , as part of the Project.
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1.2.5 Providinq services to ~nvestigate existinq conditions ~
^ f or facilities oz to make measured drawings thereof, or to I
~ veri~`y the accuracy of drawin
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~ 1.2.6 Preparinq documents for aiternate bids or out-of- •
; sequence aervices requested by the Owner, unless contemplated
in oriqfnal aqreement for services.
~~ ~~ 1.2.7 Providinq interior desiqn and other services required
1' for, or 1n connection with, the selection of fnrniture and '
~ fusnishings.
1~ 1.2.8 Makinq major revisions in Drawings, Speciffcations,
!~ or other documents when such revisions are inconsistent with
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" j written approvals or instructions pzeviously qiven and are
a • due to causes beyond the controi of the Architect.
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( ~ ,. 1.2.9 Preparing supporting data and other services in con- ~
, nection with Chanqe Orders except when reqnired because of
: r design deficfences. ~
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~ 1.2.10 biakinq investigations fnvolvinq detailed appraisals
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' iE" and valuations of existinq facilities, and surveys or in-
';?.. ' ventozies required in connection with construction pezformed
~ by the Owner.
~ 1.2.12 Providfnq consultations concerninq replacement of any
, I Work damaged by fire or otY:er cause during construction, and
; ~~ furnishing professional aervices of the type set forth in
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~ Section 1.1 as may be required in connection with the re-
~ placement of auch Work.
r- ~i- i~ 1.2.12 Providinq professional services made necessary by the
„ default of the Contractor or by major defects in the Work of
--- - ~i the Contractor in the performance of the Construction Contract
r__~- ~ unlesa such default of the Contractor is caused by design
deficiencies or other Work
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2.2.13 Providing extensive assistance in the utilization of
any equiptoent or system such as initial start up or testing,
adjusting and balancing, preparation of operating and main-
tenance manuals, training personnel for operation and main-
• tenance, and consultation during operation.
1.2.14 Providinq Contract Administration and observation of
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~'~~~'`~~ ~ construction after the Construction Contract Time has been
~ exceeded as extended by more than 30 days thzouqh no fault
~ of the Architect when 20 days' written notice thereof has
been given the Owner by the Architect, providing specifically,
-- •-• i however, that the Owner reserves the riqht to administer the
• contract after receipt of such notice, and no payment will
i be made hereunder to Architect for Additional Service for
~ providing Contract Administration prior to delivery of a
~ written order of the Owner to the Architect to continue
providinq Contract Administration.
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_ -- i 1.2.15 Providinq services after issuance to the Owner of the
~ - Final Certificate for Payment, other than for completion and
delivery of Record Drawinqs and conducting a year end
~ inspection as provided in Section 1.1.24 above.
1.2.16 Preparing to serve or servinq as an expert witness in
connection with any public hearing, if requested by the
~ Owner in writing.
~ 1.2.17 Providinq any other services not otherwise included
~. ; in this Aqreement or not customarily furnished in accordance
i__~~ ~~~~~ # with generally accepted architeetural practice.
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ARTICLE 2
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i / i~ TBE OWNER'S RESPONSISILITIES _`
, 2.1 The Owner shall provide full inforn~ation regazding
. his requirements for the Project.
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I 2.2 The City Manager (or in absence of a City Manaqer,
' the Acting City lSanager) of the City of Kenai is hereby
E ~ designated as representative for the Owner authozized to act
:
,. in its behalf with respect to the Project, and he is hereby
~ authorized, by written notice to the Architect, to appoint,
~ and to rescind the appoiatment of, a deputy to exercise such
~ authority in hfs place. The Owner's zepresentative, or his
; deputy, shall examine docnments submitted by the Architect
~ and shall render decisions pertaininq thereto promptly, to
~ avoid unreasonable delay in the proqress of the Architect's
~
I~ work.
'~ 2.3 The Owner shall furnish a certified land survey of
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~, the aite giving, as applicable, grades and 11nes of streets,
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alleys, pavemeats, and adjoininq property; riqhts-of-way,
~ restrictions, easements, encroactunents, zoning, deed restric-
tions boundaries, and contours of the site; locations,
~ dimensions, and complete data pertaining to existing buildinqs,
{ other impzovements, aad tzees; and £ull information concerninq
I available service and utility lines, both public and private,
1 above and below grade, including inverts and depths.
I 2.4 The Ownar shall furnish structural, mechanical,
chemical, and other laboratory tests, inspections, and
~ . reports as required by law or the Contract Documents.
~1 • 2.5 The Ow~n~r shall furnish such legal, accounting, and
{ fnsurance counsellinq services as may be necessary for the
f~ Project, and such auditing services as the Owner may require
~ to ascertain how or for what purposes the Contractor has "
~ .~~ used the monies paid to him under the Construction Contract.~,i
~ ARCHITECT ACREEh7ENT - 6
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2.6 The services, information, surveys, and reports
, required by Sections 2~3 and 2.4 above shall be furnished at
the owner's expense, and the Architect shall be entitled to
rely upon the accuracy and completeness thereof.
• 2.7 If the Owner observes or otherwise becomes aware of
• any fault or defect in the Project or non-conformance with
' tll@ CGTittnc;t f,i,c:wnentss, iie anaii qive prompt written notice
thereof to the Architect. ~
2.8 The Owner shall furnish information reguired of him i
theew~peditiously as necessary for the orderly progress of i
ARTICLE 3 .
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COVSTRUCTION COST
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~ 3.1 Construction Cost does not include the compensation
4' of the Architect and consultants, the cost of the land,
rights-of-way, movable equipment or furnishings, cr other
; costs which are the responsibilfty of the Owner as provided
in Section 2.3 through 2.6 inclusive. •
~ 3.2 Statements of Probable Constructfon Cost and Cost '
Estimates prepared by the Architect represent his best
judqment as a desiqn professional familiar with the construc- ~
t• tfon industry. It is recognized, however, that neither the ' ~
Architect nor the Owner has aay control over the cost of ~ •
j labor, materials, or equipment, over the contractora' methoda ,
1 of determininq bid prices, or over competitive biddfng or
~ market conditions. Accozdingiy, the Architect cannot and +
~ does not guarantee that bids will not vary fzom any Statemenf~, .
~ of Probable Constsuction Cost or other cost estimate prepare~__-
~ by him.
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3.3 if the lowest bona fide bid or negotiate8 proposal :
exceeda the construction cost established as a condition ;
of this Agreement, the Owner may, in its 8iscretion, elect
~ to (1) qive written approval of an increase in such fixed ~
limit, (2) cooperate in revising the Pzoject scope and qualit ~
as required to reduce the Constzuction Cost, or (3) authorizey
~' rebiddinq the Project wfthin a zeasonable time. Ia (2)
the Architect, without additioaal charqe, shall modify the
~; Draainqs and Specifications as necessary to briaq the said '
~ statement, estimate, or bid within the fixed lim~t. The
providing of such service shall be the limit of the Architect's
~ responsibility in this regard, and having done so, the
Architect shall be entitled to compensation fn accordance with ~
I this Aqreement. ~
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~i ARTICLE 4 ~
i GROSS SALARY ii
• 4.1 Gross Salary of employees enqaqed on the Project by
the Architect includ?a architects, enqiaeers, designers, job ~
captains, draftsmera, :;_~~cificatfon writers, and typists, in
consu2tation, xesea.~.:h, and desigr., ~n producinq Drawinga,
Specifications and cther documents pertainiag to the Project,
and in servicea durfnq construction at the eite.
4.2 Gross Salary means the hourly rate of }~ay of such
employeea prior to any withholding required by atate or '
federal law or r,ontracted for or aqreed to by said employees,, ~
ARCHITECT AGREEMENT - 7 ~ ~
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and such hourly rates are set forth in Paragraph b. of
th.s first page hereof.
4.3 The Architect shall bill the Owner promptly each
month for all services performed during the precedinq
calendar month. Services which have not been billed within
+ 90 days of pezformance shall not be paid for.
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~ ARTICLE 5
REIMBURSABLE BXPENSES
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t 5.1 Reimbursable Expenses are in addition to the Com-
~ pensation for Basfc and Additfonal Services and include
! actual expenditures made by the Architect, his employees, oz
~ his professional consultants in the interest of the Project
for the expensea listed in the folloainq Paraqraphs:
~ 5.1.1 Expense of fees paid for securing approval of authorities
havinq jurisdiction over the Project.
5.1.2 Expense of reproduction of contract documents, if
any, required in excess of 35 sets which Architect has
agreed to furnish in Section 1.1.3 above.
5.1.3 If suthorized in advance by the Owner, expense of
overtime work requizinq hiqher than regular rates.
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5.1.4 Expense of computer time when used in connection vith
Additional Services. .
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ARTICLE 6
~ PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Sasic Services
shall be made monthly in proportion to services performed so
~ that the compensation at the completion of each Yhase shail
~; equal the following percentages of the total Basic Compensations ~
i
~ Biddinq or Neqotiation Phase .. S1,000.00
Construction Phase . . . . . . 2,400.00 ~
' Purnishing "AS Built'~Drawinqs.. 600.00 ~
~ Thfs contract is automatically suspended after each of j
the above phases nntil Owner approves such phase, which will ~
authorize proceeding with the next phase, and no payments ~
will be due or made for any part of a phase performed before ~
such approval of the previous phase. ~
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~ 6.2 Payments for Additional Servicea of the Architect as f
defined in Section 1.3, and for Reimbursable Expensea as
' defined in Article 5, shall be made monthly upoa presentation ~
of the Architect's statement of services rendered. 4
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6.3 If the Project is suspended for more than three ,
montY:s or abandoned in whole or in part, the Architect shall ~
be paid his compensation for services performed prior to ~
automatic svspension under 6.1 or prior to receipt of written ~
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ARCHITECT AGREEMENT - 8
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notice from the Owner of suspension or abandonment, together ,-
. vith Relmbursable Expenses then due and all terminal expenses
~ resulting from such suspension or abandonment. If the
Project is resumed after being suspended for more than three
~ months, the Architect's compensation shall be subject to
~ renegotiation.
~, ARTICLE 7
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ARCHITECT'S ACCOU2JTIt~G RECQRDS (
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7.1 Records of the Architect's Direct Personnel, Consultant. !
, and Reimbursable Expenses pertaining to Chaptez 1.2, Article ~
5 and zecords of accounts between the Owner and the Contractor, ~
~ shall be kept on a generally recognized accountinq basis and
shall be available to the Owner or his authorized represent- !
i ative 8uring normal office hours. " ,
ARTICLE 8
~~ TERMINATIOti OF AGREEPtENT
. 8.1 This Aqreemeat may be terminated by c~ither party upon
seven days' written notice should Lhe other party fail to ,
~ substantially perform in accordance with the terms thereof
~ without fault of the party terminatinq. This aqreement may ~
, also be terminated uhen, in the so2e discretion of the
Owner, it becomes unfeasible or unnecessary to build the
f. pzoject contemplated by this aqzeement. In the event of •
j' termination not due to the fault of the Architect, the ' ;
~ Architect shall be paid his compensation for services performed }
~ to termination date, including Reimbursable Expenses then ~j
I- due and aIl terminal expenses, an8 this shall constitute the ~
~ Archlteet's sole riqht and recourse against the Owner. `"-'. •
Should this contract be terminated because the Architect has
failed to substantially perform his duties 1n a timely ~ ~
~ manner, then the Architect shall be paid only for the zeason- ~
l; able value of his eervicea to-date less any damaqes or ,
1 additional costs incurred by the owner as a result of the
i: Architect's failure to perfozm his duties. The Architect
expressly waives any other recourse aqainst the Owner. .
~~ 8.2 This Agreement may be terminated by Owner upon seven ,
~ days' written notfce to Archftect in the event no agreement ,
can be reached between the parties on reneqotiation of '
! Azchitect•s compensation under Section 6.3.
~ _
ARTICLE 9
~ OWNERSHIP OF DOCUIQENTS
~' i
9.1 Drawinqs and Specifications, whether or not completed,
which are produced and paid for under this contract, shall
, be the pzoperty of the Owner »hether the Project foz uhich ,
they are made is executed or not, with all riqhts of use
thereof. The Owner specifically relieves the Archftect of
any responsibility or liability pertaining to any use thereof,
in whole or fn part, unlesa the Architect is employed for
such use.
ARTICLE 10
SUCCESSORS AftD ASSIGNS
10.1 The Owner and the Architect each binds himself, his ~
ARCFiITECT AGREEMENT - 9
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partners, successors, assiqi~s, and legal representatives to i-
the other party to this agreement and to the partners,
succeasors, assiqns, and legal representatives of such other
party, with respect to all covenants of this Aqreement.
Neither the Owner nor the Architect shall assiqn, sublet, or
transfer his interest in this Aqreement without the written
consent of the other.
i ARTICLE 11
'.
+ EXTENT OF AGREEMENT ~
1
~ This Agreement representa the entire and inteqrated ~
• agreement between the Owner and the Architect and supersedes
~ a12 pzior neqotiations, represenr_ations, or agreements,
~ either written or oral. This Aqreement a~aj~ be amended only
by written instrument signed by both Owner and Architect.
i ARTICLE 12
1'
GOVERNING LAW
12.1 Unless atherwfse specified, this Aqreement shall be
' qoverned by the law of Alaska, and any lawsuit brouqht
thereon shall be filed in the Third Judicial District at
. I(enai, Alaska.
~
12.2 This Agreement is entered into pnrsuant, aad shall ~
be subject to, the provisions of that Contract for Services,
~ includinq Appeadix A and Appendix B attached thereto,
• between the Cfty of Kenai and the Department of Community ~~ ~~ ~
and Regional Affairs dated July 23, 1979, a copy of which is ~ ~
+ attached hereto as Exhibit "C." '
i. ~
This Aqreement is executed on the day and yeaz first
~~ written above. ~
~
~ OWNER ' ~
i
CITY OF KENAI ~
! x
BY' ~
C ty hlanaqer
'•~ P.O. Box 580 if
Renai, Alaska 99611 '~
+ ~
AE~CHITECT P
APPROVEp AS TO FO~M:
Ben T. Delahay, City Attorney
ARCRITECT AGREEMENT - 10
~'
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.~ .
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~ January 7, 1980 nt~rn~~reii •
,
.
~ City of Kenai
~ Kenai, Alaska
, i
~ SUBJECT: Mechanical Maintenance Agreement
I ATTN: MR. KEITH KORNELIS
~ Gentlemen:
~
We are pleased to propose a program for mechanical maintenance for the
following buildings: 1. Airport Terminal, 2. Public Safety Building,
3. Librarq, 4. Fort Renai, 5. Sewage Treatment Building, 6. Well House
~ ~1, 7. Well House ~2, 8. Underground pump house, 9. Warm Storage Build-
ing, and 10. Shop Building.
~ The servicea we will perforui under our service agreement includes:
1. Computer specified preventive maintenance care on all heating,
cooliag~ and ventilating equipment.
2. Computer specified prevent:ve maintenance care on all temperature
controls.
` 3. As needed on the spot repairs of faulty equipment and replacemeut
of wora parts or devices.
~~ 4. Emergencq service at no additional cost.
S. Complete air filter service - includes material and labor.
6. Complete water treatment aervice - includes material aad labor.
With this program we will assume the responsibility for the care of
• the heating and ventilating systems for your buildings. A planned pro-
' gram of care for these systems will reduce the energy costs, extead
~ the life of your equipment, reduce breakdowns, improve comfort conditions.
I
~ You will be able to budget your costs for the year and eliminate un-
forseen expenses becavse of breakdowns. The cost for this program
would be $1,975.00 per month.
j If you have any questious regarding this program I will be happy to
~' ~ meet with you to review this program.
i~ ; ~
~ ; y Your~s, truly,
, i ~~~
Hokanson
;~ ~ Service Sales
Representative
i
-- ---.- ;~
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- •~ enclosure
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- ' ~ HONEYYYELL INC„ 3310 MCTIC BOULEVARD. ANCHORAtiE, ALASKA 98503. TELEPHONE 807/274-OSSt
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T_ _ _ _ T ~_ _ \ ' . ^ T_ ~._
' ~ ~ • PRAPOSALNA9~4~~2~8~0~6
HOhQ~ef1 DATE January_7,__1980__
n
-- -- ACiREEMENT NO.
Page 1 of -G~------
~ ~
~ BUILDING OPERATION ANO MAINTENANCE AGREEMENT
~ By and berween:
t
i HONEYWELL INC. . and City of Kenai (Clientl
i 3310 Arctic Blvd. i ~
I Anchorage, Ak. 99503 I
~ Kenai, Ak. ~
. '
I 3eroicea mill be provided at the jollowing location(s):
Airport Terrainal, Public Safety
Bldg, -
Library, Fort Kenai, Sewage Treat Bldg.
~9e11 House 1 and 2, underground pump
house, warm storage bldg., Shop Bldg.
I
Honeywell shall provide services in zccordance with the attached schedules and tha terms and condi6ons of sale
I on the reverse side of each schedute, which are a part of this agreement
~ A Temperoturc Controt
~ s ~~nun~ta X
~ F Nyur Taacmant Serviee
!
a J Ener IW
: 4-~ ^~ '
. EmironmenUt MeehaniCai
Q~ B gyttems Mainueance
a ~ a Li9htinq Npintenance D! X Spetial Serviees/Pro-risioM
, .
'1 } AutOrtUtiOn SyKem
,~ 0, ~ ~~. ,
0
Buil~np Operotion $ervites
: M ~st~, ~8~~ ~
. y~t of Maintained Equipment ~
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~ Nbinunanot
D • t Miinten~noe Manayer
~ 2 List of BOSS funetions
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~ : H Nr Fllttr Sevvia ~
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Attf ~he annual sumof Twenty-three thousand seven hundred
atl~ no~100 C`ents---•---=__---- poUars, tS 23,700.00 ~_ --_ 1.~vabieinadvance.
Ouring the warranty, which ends F ebruar ' lhe 19 8 0 --- ~eement price witi be ^~ .._-_.._..._
Servicesshaltcommenceon ---- - -- . --Y '- --
Other charges. - ~ -- -
Thu Agreement shall constitute the entire Agreement betmeen us.
HOIYEYWELL INC. CLIENT:
BY.
Jim Hokanson
Service_Sales_Representative--- BY' --
Titt~ Sipnatur~
Approued jor Honeyweli Ine. _
TitN
~.E: Ferrell o,~. ~ o.:. -
Branch Ssrvice Manager;BSU
TITLE _______«_ - --- -
..... _ -.~.. . . . _ ., 4 . _ . ._. . . .
~
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Page 2 of 6 ~~~~~~tk A
`~4~'~,~^:..~TaF9Pl~i?~?~ `~. .~~'~i~~ ,II,'~r~!f'!s'r~r.,~,.'~'•`~"'•d;'~^: -r~'a'yap'j~~y~, : ~•~.Y,vj,~rr!s
__ i I r ~ - t . . 't•-,._ . . . . i . ..y, ; %.~~• : ,
~ ¢~ :.~:i.i~_ 1+1c~: J 1. ' <•' • ~=.'..
~ - - - '!'3ivii• '~~S~rr~i~r".Y~'.'la:..itiisvlt+fi:7:~ r • . • ~ '~~:• '.},' e, .2_'y,~ ~~~+t;,( ~-~
:r~'a-:3'c`ar.:~~':.n,ir.~;,i~:~.rv:t~L.~. 'si:~•' •-~~
TEMPERATURE CONTROL SYSffcM MA(NTENANCE
Honeyweli wiil maintain the Temperature Controi System described in the attached List of Maintained Equipment
and/or on the following system drawinas:
Preveretive Maintenance
Each preventlve maintenance pll will be acheduled by a computer•prepared service report detailing exactly what tasks
to perform, time of performance, skiit levels required and speciaf tools and insuumentation needed to maintain the
tysLems at optimum oomfort and efficiency levels.
Maintenance intervats wili be determined by equipment run time, appllcation, location, and Honeywett's oomputer
data bank of matntenance experience and manufacturen' specifications.
Atter each service ptl is signed off, details from the completed service report wil~ be re~entered in the data bank to
~ aswre dosed~loap pe-formance conuol and continuous program updatiny.
~ Component Replacemenu ~
Hot~ywdl wiil reptat~ wom, failed, or doubtful aomponenis and parts. Replacements will be of like or current design
to mtnimiu t1-stem dePredation ~nd obsotescence.
Emergenay Service
Every activity performed under this agreement is designed to minimize the incidence of emergency situations.
Howe~er, backupert~eryency senrice wili be provided 24 hours a day to minimize downdme and inconvenlenoe.
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SCHEDULE B
Page 3 of 6
„ . • .. . ,. _ :~ . . . .. • . . , .. . ...... ... .
ENVIRONbAENTAI AAECHANICAL SYSTEMS MAINTENANCE
Honeywetl wiil maintain the environmental mechanical systems described in the equipment inventory attached.
.. ~n:rr~ ~. atr,c~ ;~~:~.:
; Each preventive maintenance catt wili be scheduled by a computer-prepared service report detaiting exactly what tasks
j to perform, time of performance, skill levels required and speciai tools and instrumentation needed to maintain the
systems at optimum comfort and efficiency levels.
s , Mainten~nce intervats wiil be determined by equipment run time, apptication, location, and Honeywell's oomputer
data bank of maintenartce experience and manufacturen' specifications.
f Systems anatysis, inciuding instrumented trend anaiysis, witl be performed to detect early signs of deteriorating
j ~ performance. ~
~
~~ After each servlce pt! is siqned off, detaiis from the cornpleted service report witl be re-entered in the data bank to
~ aswre dosed-loop petformance conuol and continuous program updating.
,
~
,
~i , ~Dlitt3Li1@il~ :'seotacerr:~„-:
;
-• -_- Honeyweii wiil repiace wom, faiied or doubtfui componenu and parts. These reptacements wilt be of like or •
' ~ current design to minimize system depreciation and obsotescence.
~ i
Where statisticat data on simitar equipment indiptes that the fai~ure point is approaching for any component, such
!? ~~ I oomponent may be repaired or rep~aced in advance to prevent a system faiture
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;,.
~+~` Erery activity periormed under this agreement is designed to minimize the incideoce of emergency situations.
~, However, backup emerqency service will be provided 24 hours a day to minimize downtime and
~ ' inconvenie~ce.
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TERMSANOCONOITIONSOFSAL~ .
~ e _ .~7w . ". _'• ~ ~6'-_ ... .'.s'...~, ~. ~:rt'-T.~:t~zw~':T S2^a,'!4~'~~.,i'°"~~:~~7~'~'14?;r',+Fj?r .
_ ".~..~.~""'" _~. . _.,.......-. ......+W.~at~..r~.-.... i...~.a~.~a... ..~.Y~_......~.• ..oJ.~w.~.t ~ 4ia.~:-i-~iS'swNU.•.u~w~.12....~...~~
-~ `~n~r ~; Pro~risi~ns ~.
All planned maintenance service under this achedule wiil be performed during normal working hours.
Client wilt provide reasonable means of access to ail equipment covered by this schedule. Honeywell witt be free to
start and stop alt primary equipment incidental to the operation of the mechanica~ system(s) as arranged with ciienYs
representative.
This scheduie of the Agreement will commence on the date indicated for a term of one year and shall continue from
year to year until terminated (unless otherwise specified). Eiiher party may terminate this agreement by giving written
notice tt-irty (30) days prior to the anniversary date.
tn the event the system is altered, modified, changed, or moved, this scheduie i: immediately terminabte at Honeywell's
option.
Charges
In addition to the price set forth, client will be liable for the amount of any present and future taxes or any other
governmental charges now or hereafter imposed by existing or future laws with the respect to the transter, use, owner-
ship or posseision of the equipment to which this schedule re~ates.
The egreement price may be adjusted yearly based on prevailing labor and material costs.
limitation of l.ia6ility
Honeywell will not be liabte for any delay in furnishing or failure to fumish service due to fire, flood, strike, lockout,
diapute with workmen, inability to obtain materiat, commotion, war, act of God, or any cause beyond reasonabte
control.
~ ~
-~ Our responsibility for injury to persons or property that may be caused by or arise through the maintenance, service,
functioning, or use of the rystem(a) shall be limited to injury caused directly by our negtigence in performing our
obtigations under this schedule, artd in no event shatl we be liable tor speculative, indirect, or consequentlat damapes.
Honeywetl will not be required to make safety tests or to instatl new attachmenu, additional controls, or equipment
as recommended ordirected by any in:urance company, laboratory or governmentat authority, or to make replacements
mentloned herein with parts or devices of a different design for any reason.
This schedule assumes the systems covered to be in maintainabte condition. If repairs are found necessary upon initial
inspection or initiat seasonat startup, repair charges witt be submitted for approval. Shou~d these restoration charges
be declined, those nonmaintainable items will be e~iminated from the program and the agreemeni price adjusted
accordingty.
It is understood that the repair, replacement and emergency service provisions apply only to the systems and equipment
covered by this schedule. Repair or replacement of nonmaintainable parts of the system wch as ductwork, boiler
shell and tubes, unit cabineu, boiler refractory material, electrical wiring, hydronic and pneumatic piping, structural
wpports, etc. is not included under the agreemenL
Valve and damper maintenance and repal~ is included in this scheduls. The labor requlred for their removal and re-
instaltation is not irtctuded.
HoneyweU wilt not make repairs or replacements necessitated by reason of negligence or misuse of the equipment by
others or by teawn of any other cause beyond our control except ordinary wear and tea~.
If an emergency service calt is made at clienYs request and inspeCtion does not reveal any defect for which Honeywell
is lieble, client wilt be liable fo~ regular charges prevaiting for wch se~vice.
,_~} --,-.-~. . ,__. .. _. _ . . . • . _ ` -, --,:.~ _-.x.. •< ... • .a -_i ~'
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~ SCHEDULE E
Page 4 of 6 ~
--~. . - ---- ~ ~ - - - -. ~ - . . _ . . . . . ,......~
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,. I
AIR FILTER SERVtCE
Honeywell will furnish and install air filter fixtures and will exchange media as desired in the followi~g schedule:
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Unit ~ Quantity I Size Type Changes per year' (ciic%1
6EE SCHEDULE Y f 1- 2- 4- 6-12
I 1-2-4-6-12
~ ( 1--2-4-6-12 I
i ; ---
1-2-4-6-12
1 ~-2-a-s-~2 ,
~ I 1 -2-4-6- 12~~
~ ~ ~ I
- 1-2-4-6-12
~ ~ - I 1-2-4-6-12
7-2-4-6-12 (
~
1-2-4-6-12
~ 1-2-4-6-12
~ 1-2-4-6-12 I
~ I
'! -2-4-6- 12
~ 1-2-4-6-12 i
1-2-4-6-12
-~ _ ~"s'- ~
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~ tt this program is terminated, Honeywetl reserves the right to remove the Honeywell tixtures.
-.- ~ 'Should experience show that more or less frequent media changes are required, at mutual consent, the
' ~:~ agreement price will be adjusted based on the estab~ished selling prices.
~ _= ~ ~ ,_ _ . . .._._.. ...... ..._,_ .. . . _ _........ _ . _ .. . .._ .. _... _._.
~ f { ~,,,:.. • ~ :~~,_._- . _ __ .. _..... .. . _ _. ...._ , _..._... .~. ~. . .- ._ ._. _ . .. _ ... . . - _ .~_ . . . r ..~
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i;~ -- 8l3353•l46 Rev. 1 Z l7 Yrir.:rd :~ ~!:e V.S.A.
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~ TERMS ANQ CONDITIONS OF SALE '
~
~ .~..•.:~w??'~';r2T^..'... •~,.+r,rr~v.s~so~y..J,yr`,~^s;s,.~~;•.'s~•~'t..-^„~,~a~~ ~
{ ~ ~ F ~ F. ~r .,. . . , . : :, y~C~ .: {. : ~s.. ,':C - •..' '.: .. ,~s, . ' ..~~ ~~; ~i.s'i ~ ..~~., -~~.~`,/~%~~i$E,~.s~.V~.~~~~ :~'~=rS~.
i ~_•ra.w:ii2~ois,si:>~rs.uV:a~a•i-~.e.~~ '-i±'r-~:~tJ'oy>..:i,sx':f;.::~~.:ri.Ria:~`i~a4~'~~- ~ ~ Ji~i.it~'.".~1~9d.:~:s1~`ii::"
~`~~iii~i.:.:6li~:l~~i}
-- 43f1?I:if ?t0"1St0(!S ~,.
Ail pianned maintenance service under this schedule wilf be performed during normai working hours.
Client wilt provide reasonable means of access to atl equipment covered by this schedule. Honeyweil will be free to
start artd stop ail primary equipment incidental to the operation of the mechanicai system(s) as arranged with clienYs
representative.
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This schedule of the Agreement will commence on the date indicated for a term of one year and shall continue from
year to year until terminated (unless'otherwise specifiedj. Either party may terminate this agreement by giving written
notice tfiirty (30) days prior to the anniversary date.
In the event the system is altered, modified, changed, or moved, this schedule is immedi3tely terminable at Honeywell's
option.
Charges
In addition to the price set forth, client will be Iiable for the amount of any present and future taxes or any other
govemmental charges now or hereafter imposed by existing or future laws with the respect to the iransfer, use, owner-
ship or possession of the equipment to which this schedule relates.
The agreement price may be adjusted yearly based on prevailing labor and material costs.
Limitation of Liability
Honeywell wi(1 not be Iiable for any delay in furnishing or failure to furnish service due to fire, flood, strike, lockout,
dispute with workmen, inability to abtain material, commotion, war, act of God, or any cause beyond reasonabte
oonuol.
J Our responsibility for injury to persons or property that may be caused by or arise through the maintenance, service,
functioning, or use of the system(s) shall be limited to injury caused direCtly by our negtigence in performing our
obligations under this achedule, and in no event shalt we be tiable for sRecufative, indirect, or consequentiat damages.
Honeywell wilt not be required to make safety tests or to install new attachments, additional controls, or equipment
as recommended ordirected by any insurance company, laboratory or governmental authority, or to make rep~acements
mentioned berein with parts or deviees of a different design for any reason.
This schedule assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial
inspection or initial seasona~ starrirp, repair charges witl be wbmitted for approval. Should these restoration charge~
be declined, those nonmaintainable items will be eliminated from the program and the agreement price adjusted
accordingly.
lt is understood that the repair, reptacement and emergency service provisions apply only to the systems and equipment
covered by this schedule. Repair or replacement of nonmaintainable paru of the system wch as ductwork, boi~er
shell and tubes, unit cabinets, boiler refractory material, electrical wfring, hydronic and pneumatic piping, structural
wpports, etc. is not included under the agreement.
Valve and damper maintenance and repair is inctuded in this schedule. The labor required for their removal and re-
installation is not included.
Honeywell will not make re~s2irt or replacemenu necessitated by reason of negligence or miwse of the equipment by
others or by reason ot any other Cause beyond our control except ordinary wear and tear.
If an emergency service call is made at client's request and inspection does not ~eveal any defect for which Honeywell
is liable, client will be liable for regulat charges prevai~ing for such servlce.
. . , . ~ • . • . . -.. _ . .. . ... ~
_, . .., • - ., _.... _°- ._.._ .. ~. ._ ., _.. . ... . .._. ___ . ... .._. _...._..... - - - --~ _° ---'
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Page S of 6 SCHEDULE F
- ~ .. . . . ~._.._~_ .~ ... `.,.. .. _..,< ,f_`.~
WATER TREATMENT SERVICE
Honeyweit witi provide a water treatment program for the foltowing systems:
AIRPORT BOILER, PUBLIC SAFETY BOILER
„ ! ~
~-eve~~civA tv:ain;e~~artc~
Computer directed treatment program for conVOl of spie, corrosion, and biological fouling wilt be provided to
~` ~ preserve the equipment, maximi:e iu efficiency, and minimize maltunctions. -•
We will reqularty examine, test and adjust a11 ueatment devices and perform periodic water analysis. ,
On systems requiring oontinuous water analysis, a real time monitoring system witt be installed. This unit is
` programmed to analyze the water and automatipl~y adjust chemicat feed rates and bleed intervals. ;
I -
Atter each service ptt is signed off, detaits from the completed service report wilt be re-entered in the data bank to i
~_ i assure ctoseddoop ~+r~~rmance controt and continuous program updating.
,
~ .
~i i
Suppf;es and :~lateriafs ~
HoneyweN will provide all monitoring equipment and non•pollutirtg, biodegradeable chemicals necessary to maintain
pmper treatment.
Emerrency Servica
~ Every activity performed under this agreement is designed to minimize the incidence of emergency situations.
- However, backup emergency servioe will be provided 24 hours a day to minimize downtime and inconvenience. ~
..
..
~ NOTE: Al) monitorinp and application equipment witt ~emain the property of Honeywell.
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. .. . . . . . . .. _. . .... _ . ._. . , ... ._ 1
Generai Provisions ~
AIt planned maintenance service under this schedule will be performed during normal working hours.
Client wili provide reasonable means of access to ali equipment covered by this schedule. Honeyweli wilt be free to
start and stop ail primary equipmeni incidentat to the operation of the mechanicai system(s) as arranged with client's
~ ;. reprefentative.
. This schedule of the Agreement wil~ commence on the date indicated for a term of one year and shall continue from
•' year to year until terminated (unless otherwise specified}. Either party may terminate this agreement by giving written
notice thirty (30) days prior to the anniversary date.
in the event the sysiem is altered, modified, changed, or moved, this schedule is immediateiy terminable at Noneywell's
option.
Charges
y- In addition to the price set forth, ciient will be Iiabie for the amount of any present and future taxes or any other
governmental charges now or hereafter imposed by existing or future laws with the respect to the uansfer, use, owner-
ship or possession of the equipment to which this schedute relates.
The agreement priee may be adjusted yearly based on prevaiting tabor and materiai costs.
L+mitation of Liabil+ty
,
Honeywell will not be liable for any delay i~~ furnishing or failure to furnish service due to fire, flood, strike, Ixkout,
dispute with workmen, inabiiity to obtain material, commotion, war, act of God, or any cause beyond reasonabte
~ control.
J -~
Qur responsibility for injury to persons or property that may be caused by or arise through the maintenance, service,
functioning, or use of the system(s) shall be limited to injury caused directty by our negligence in performing our
obligations under this schedule, and in no event shall we be Iiable for speculative, indirect, or consequential damages.
: Honeywell witl not be required to make safety tests or to install new attachments, additional contro~s, or equipment
;; as recommended ordirected by any inwrance company, laboratory or governmental authority, or to make replacemenu
mentioned herein with parts or devices of a different design for any reason.
~ This schedule assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial
+ ~ ' inspection or initial seasonal startup, repair charges will be wbmitted for approval. $hould these restoration charges
be declined, those nonmaintainable items will be e{iminated from the program and the agreement price adjusted
~ ~ accordingly.
~ . ; I -
;; j ~
`, ~ It is understood that the repair, replacement and emergency service provisions apply only to the systems and equipment
j ± covered by this schedule. Repair or replacement of nonmaintainable parts of the system wch as ductwork, boiler
`' ahell and tubes, unit cabinets, boiler refractory materiat, electrical wiring, hydronic and pneumatic piping, structural
:?~ ~ ~PPo~ts, etc. is not included under the agreement.
_ ,,
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+_ ~ Honeywell will not make repairs or replacements necessitated by reason of neg~igence or misuse of tha equipment by
^, othero or by reason of any other cause beyond our control except ordinary wear and tear.
i
' ~+ If an emergency service catl is made at client's request and inspection does noi revea~ any defect for which Honeywell
~~~ ~ is liable, client wil~ be liable for regu~ar charges prevailing for such service.
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_ SCNEDULE Y
~\ Pagr ol
UST OF MAINTAINEO EQUIPMENT
~~ (SUPPLEMENT TO SCHEDUtE )
~ -- - ~~-- - ~- -. .
- - - - - - ---_... _ _ __. __..
_QTY. COMPONENT RATlNG . MANUFACTURER MODEI.
-- - - - - ---- -
~---
-- •- - ---- - -------~--
AIRPORT TERDSINAL - -- ---- - - ------
: 4 H/S9 Unit Heaters . , ~
. 6 ,Unit Ventilators ~
2 Gas Fired Uait Heaters ~
: 1 HFV Unit with 4 filters
1 Gas Fired Boiler - 742,OOQ BTU ~
. --
5 Circulating Pumps ~ ~
~
-
. ;
; I
Hxhaust Fan
• , .
, „ - :
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FUBLIC SAFETY BLDG. ; ~
,
. ;
2 Gas Fired Boilers - 782,000 BTU
~ 2 Base mounted circ pumps .
~ ~ ' 4 ~Inline Circ pumps ~ , . • '
`, ~ , Z H~,V Unit with 4 filters ~ i
;
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8 Unit Heaters ; j : : ,
S ~E
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x
aust Fans , ~ , ~ ' ~
__ _ . . j ... ,
LIBRARY ' '
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1 Hf,V Unit with 6 filters ' ~
~ I Gas Fired duct heater
~ •
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1 Humidifier ~ •
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1 Exhaust Fan ; ~ ;
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SBWAGE TREATMENT PLANT ~ ~ ~
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1 Gas Fired window type heatex f ~
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UNDERGOUND PUl-SP HOUSE ~ , ' ~
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TERMS ANO CONDITIONS OF ~A~~ •
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Generaf Provisions
Ail pianned maintenance service under this scheduie will be performed during normal working hours.
Client will provide reasonabte means of access to ail equipment covered by this schedule. Honeywell will be free to
siart and stop ail primary equipment incidenWl to the operation of the mechanica{ system(a) as arranged with ctienYs
representative.
This schedule of the Agreement wii~ commence on the date indicated for a term of one year and shali continue from
year to year until terminated (unless otherwise specifiedS. Either party may terminate this agreement by giring written
notice thirty (30) days prior to the anniversary date.
In the event ihe system is altered, modified, changed, or moved, this schedule is immediately terminable at Honeyweit's
option.
Charges
In addition to the price set forth, client wiil be Iiabie for the amount of any present and future taxes or any other
govemmental charges now or hereafter imposed by existing or future laws with the respect to the transfer, use, owner-
ship or possession of the equipment to which this schedule relates.
The agreement price may be adjusted yearly based on prevailing labor and material costs.
Limitation of Liability
Honeywell witl not be tiable for any de~aY in fumishinq or failure to furnish service due to fire, flood, strike, lockout,
dispute with workmen, inability to obtain material, commotion, war, act of God, or any cause beyond reasonable
conuol.
Qur responsibittty for injury to persons or property that may be caused by or arise through the maintenance, service,
functioning, or use of the system(s? shall be limited to injury ceused directly by our negfigence in performing our
obtigations under this schedule, and ln no event shalt we be Iiable for speculative, indirect, or consequential damages.
Honeywell wilt not be required to make safety tests or to install new attachments, additional controls, or equipment
as recommended ordirected by any insurance company, taboratory or governmental authority, or to make replacemenu
mentioned herein with paru or devices of a different design for any reason.
This schedule auumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial
inspection or initial seasortat startup, repair charges wi~l be submitted for approval. Should these restoration charges
be declined, those nonmaintainabte items will be eliminated from the program and the agreement price adjusted
accordingty.
It is understood that the repair, replacement and emergency service provisions apply only to the systems and equipment
covered by this tchedule. Repair or replacement of nonmaintainable parts of the system such as ductwork, boiter
shell and tubes, unit cabineu, boiler refractory material, elecuical wiring, hydronic and pneumatic piping, structural
wpports, etc. is not included under the agreement.
Honeywetl will not make repairs or replacements necessitated by reawn of negligence or misuse of the equipment by
others or by reason of any other cause beyond our contro~ except ordinary wear and tear.
If an emergency service call is made at client's request and inspecti~m does not reveat any defect for which Honeywell
is liable, client will be Iiable for regular charges prevailing for such service.
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~~ ~ ~ SCHEDULE Y
~ ' ' Page of
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UST OF MAINTAINEO EQUIPMENT
~ ' tSUPPLEMENT TO SCHEDULE 1
- --- -- --___ _ . ..- --- ------ -- --- • ---- - - - -- ° - ----- ----- -
i ~ QTY. . COMPONENT RATING ' MANUFACTURER ~ MODEL
~
~ -----
WARM --------- - ------ --- -------- , ---- ------~--
STORAGE BLDG.
~ ~ 4 ~Gas Fired Unit heaters ,
~ ~ ~ ' i ~
~
~ __ _ ' • SHOP BLDG. ~ ~ ~
1
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;Gas Fired Wall heater ~ i
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-- - ~ 3 Gas Fired unit heaters
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! ~ i4ELL PUMP HOUSE #1 ~ ~ ; , ~ "
~
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PUMP HOIISE ~2 . ~
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Blectric unit heaters
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coKyeacu~ DIVIS~ON ANCNCtkpGE W
PREVENTIVE MAINTENANCE ~
.~ SERVICE REPORT 31Z
YtlYICt OROlR AORElMENt NUM{[f
f1{IY~[R Mit M MiE!
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P 0 BOX 1250
FA IRBANicS .r
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PREYENTIVE MAINTENANCE INSTRUCT
~saoMw ~o w-n
.
' 41
~`-~5 # 0003
AIR CON~R~SS d~VIL8i55 STD.SI~~GLE H120-4512
UNZV PK 15T FL 5 MECH RM
IySPECT EXTFRI~R CI.~AN . WAINt AS R~t~UIREO
. INSP~CT START~a i DISCONNECT • CL~AN CONTACTS
CLFAN JR REpLACE INTAKE FILTER E~EMENT
•~~INSP~CT CLEAN s LUBRICaTE MOtOR AS R~pVIRpD •
. INSP~tT BELTS ANfl Ap~UST TENSIUN AS R~t~t}IR~p
~~ . ~~'•:''~E~~ORM~,~9~OU~NC~`~'~EST OF pLL- C4N7ROL5 ' ' ~ ~ ~ •
TIME ON-OFF CYCLE ~ ~ ~ '
`' . • ~~?'~S~`! tH~CK .VAL`VE~ QP~RA7rON ~IF APP(,ICARLE . • ~
., TEST OpERATION 0~ TP.AP OR BLOWOOWN IF USEO
. •~, ' ~ ~~HA~GE' OIC~ :•' ~ ' `~ ~ ~ " .. . . ~ ~ ~ .
I~VF'VTORY REr~Dj. SUMHMMPpi ~ ~ OIL IN OVNCES 00008
" CHF_CX 4IL IEV~I AND pRAIN 7ANK ~ ~
0250 # 0001 '~
~A""pERS PNEUMATIC ZONE
JOV MUStC RM '
CHECK SYSTEM hPER~;inN THROUGH COMPL.~TE CYCL~ '
CLEaN LUBE ANp AOJUST AS R~QUIRE~ '`', ;
029T ~c ~Rni • y ~
dAMpFRS FNE'UMATIC ~ pUTSIDE AIR ;
JOY 80i(,ER RM i
CH~CK 4YSTEM OPERATIQN THROUGH COMpLETE CYCI~ n
CLEAN LUBE AND ADJUST AS REOUIFt~O •
~
0178 ~ 0~~2 - q
I~nfF. MNTROI PNEUMATIC FIULTIZONE ~
uNTV PK UNOER FL PLENUM ~
CHF~K. SYSTEN (?DERATION TNRpUGH COµPLETE CYCLE -•~
CLEAM 1U8~ AD~UST AND CALI$RA7E AS REOUIRED )
~
0471 * p002 THRU ~ 0003 ~
SUpt~LY SYSTM PN~UMATIC MULTIZONE STANDARp MNT ~~
JOY MFz2 FAN RM tJ b S ~
C~iFCK ~vgTEM OpF{~qTION THROUGH COMpLETE CYCLE ~
CLgAN l.UBE AD~UST AN~ CALIBRAT~ AS REOUIREp '~
~*•+~ LAST PAGE FQR THI S SO~r s~r*~ '~
~su~G{~Mi WIIAIY~[
fpYKt r0! YOM1tuK
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(:~1Y ~UF KEI~AI
„a~ e~~ ~ ~r~~„
P. O. dOX S80 KENAt, ALASKA 99611
TELEPNONE 463 • 7535
January 11, 1980
MEAtO
,~J
~
T0: Mayor and Council of the City of Kenai
FROM: Keith Kornelis, Director of Public tVorks
SUBJECT: ~Vhat's Happening Report for City Council Meeting
January 16, 1980
{VELL HOUSE l0I RENOVATTON
Rockford Corp. has not completed all of the items on the punch
list. These items are relatively small and do not keep us from
operating the Nell House. IVe are presently operating off of
both of our Well Houses-- Well House 101 and iYell House No. 2.
As soon as Rockford has completed the punch list and the tVell
House is in 100 percent operating capability, we ~aill be
switching completely to 19e11 House 101. At that time, we will
have an Qlectrican investigate the damaged caused to our
electrical components from the chlorine leak. Cost of repair
caused by this chlorine leak should be borne by the company
from which we purchase our chlorine bottles. Both our insurance
company and that of this company have been notified. Our attorney
is also aware of the problems.
AIRPORT jYAY--~9ATER., SEIVER, STREETS
There has been no change on Lhis project since my last report.
Wince, Corthell, Bryson, and Freas have given us a cost estimate
for the amount of work and warantee work that stil2 needs to be
done. This cost estimate is very close to the amount of money
that we are presently retaining.
SHOP ADDITI~N, I~UBF. RACK.
lVe are presently making the minor changes that are needed for
going out to bid on this project. The project has receiv~d
the go ahead from EDA and construction should begin this spring.
/
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Memo to btayor and City Council
Page 2
January 11, 1980
KENAI SEWER TREATI-lENT PLANT INTERCEPTOR LINE AND OUTFALL
Grant Application for Step III has been sent in,and CH2M Hill
has been given the go ahead for this next phase of the project.
If the pragress continues as planned, this project will go out
for bid under three separate contracts in March of this year.
NEiV STREET MAF
The new street map went to the Planning and Zoning Commis~ion
at their last meeting for their comments and recommendations.
Tnvn cTTrnv
_ There has been no change in this project since my Iast report.
The project is progressing along at a good rate and the
contractor assured me that we will have all of the drawings
, by the end of February.
I
~ CAPITAL IMPROVEMENT PROJECTS
~ i The Public Works Department has been spending some time working -
with the Mayox, Planning and Zoning, and the Councilmembers on
Capital Improvement Projects. This work has included Priority
Status lists, narrative discussions, and revisions on the
Six-Year Street Improvement Programs for Thorpe and Asso.
Comgrehensive Plan. It has also included documents for submittal
to State Legislators on Capital Improvement Projects. This
work has been enjoyable and we hope beneficial to the City of
Kenai.
~ MISCELLANEOUS ITEMS
Public Works has been working with DOT--Division of H~rbor Design
~ and Construction concerning Kenai Harbor Development.
i
~;~ We have been in contact with the EPA and DEC concerning CH2?•i Hi11's
~~ design of the Sewer Treatment Plant.
Public iYork~ has also done some research concexning the possibility
of an industrial water line to North Kenai. Trans Alaska Engineering
completed their ivater supply report executive summary on September,
1979. This report concerns this industrial water line to North
Kenai.
The Street Cre~a has spent time sanding, blo-aing, and p2~wi~g the
streets and the Airport. They have also built a tire chain rack
in the Warm Storage Building.
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Memo to Mayor and City Council
Page 3
January 11, 1980
The Water and Sewer Crews have spent time helping people with
frozen water problems turning off water to houses. Thcy
have been checking well houses and lift stations, reading
water meters,and general maintenance.
The Shop Crew has repaired the Airport Emergency Generator,
worked on the Michigan Loader, plus other miscellaneous
repair and maintenance of City owned equipment.
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January 9, 1980
~ z_~ - i = _ _~ ._ ~ _~
CIIY UF KENAI
,.o~ e~~ ~ ~~~„
t. O. !OX S!0 KENAi, ALASKA 99~i 1
T~E/ilOtiE 4!S - 7515
MEMO
T0: Keith Kornelis, Director of Public Works
FROM: Bill Nelson, City Engineer
SUBJECT: Street Name Data
Attached is a summary of street name data showing which streets
require renaming and the reason for renaming. Also attached is
a preliminary street map for review by the Planning and Zoning
Commission and City Council.
Note that there are approximately 20 streets whose names should
be altered or changed to halp clear up some ambiguities in our
street naming system. -
ITEM No. 1- NAME TO BE CH~WGED IF ORDINANCE CHANGES
Y~' . . ' • •
Since most streets/avenues currently do not conform to
the present ordinance designation, I propose to switch
the Ordinance designation for streets and avenues. This
will minimize confusion in the public recognition of existing
streets by maintaining as many of the current designations
as possible. ~
ITEM No. 2- NAMES ~9ITH MULTIPLB USES
The emergency services, fire and police, have requested
that the City Administration attempt to rename the
streets whase names are repeated elsewhere in town. An
anxious caller in an emergency is not al~rays able to
determine if they are on a street, way, place, avenue,
lane, etc. Therefore, the emergency services should be
able to locate the correct roadtray using the name only
to facilitate quick response to an emergency.
ITEbi No. 3- MISNAMED STREETS
This street does not conform to a~ established grid
pattern, and it needs to be corrected. It should be
renamed according to Item No. 4.
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~ Memo to Keith Kornelis • _
: " Page 2 ~
January 8, 1980
ITEM No. 4- MISLEADING NAMES
These nine roadways are currently named in conformance with
a grid system utilizing letters and numbers which has not
been generally followed in naming other roads throughout
town and is in conflict with other grids throughout town.
Sznce these npmbers and letters cannot be related to any
- j apparent base in actual field use, they do not assist in
"" ~ locating an address and may in fact hinder an individual's
._ . e£forts to do so. It wo uld therefore be advisable to use
names instead of numbers and Ietters. '
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Current Status - Ordinance now states: Avenues run north and south
Streets run ~ast and west
Streets/Avenues currently designated incorrectly - 46
Streets/Avenues currently designated correctly - 12
ITEM No. 1- NA1-tES TO BE CHANGED IF ORDINPNCE CHANGES
Curren~ Proposed
1. Auk Street Avenue
2. 16th Avenue* Street
3. 19th Avenue* Street
4. Basy Street Avenue .
S. Aurora Street Avenue
6. F Street* Avenue
7. 85th Avenue* Street
8. M Street* Avenue
9. 17th Avenue* Street
10. U Street* Avenue
11. 13th Avenue~ Street
12. 2nd Avenue~ Street
'~Also propose to change the name of the street from a letter or
nwaber to a name - 9 of the 12, See Item #4.
ITEM No. 2- NAMES WITH MULTIPLE USES
1. Kaknu Way; Kaknu Road
2. Primrose Avenue; Primrose Place
3. Spruce Street; Spruce Avenue; Spruce Drive ,
', 4. Sandpiper Court; Sandpiper Lane - ~
- ~ S. Broadway Court; Broad t9ay; Broad Street
, 6. Redoubt ~Vay; Redoubt Avenue j
7. 2nd Avenue; 2nd Avenue (VIP) _ i
_. ;
--~:~ ITEM No. 3- MISNAMED STREETS '
., ~ ,
~~! ~ 17th Avenue near Dragnet Subdivision is not properly aligned with grid.
~ ~ ,.
''_ ITEM No. 4- MISLEADTNG NAN~S
-- - _ ~
;1 1. F Street
_ _ , ~ 2 . M Street
; 3. U Street
;: I 4. 16th Avenue
-. ~I S. 17th Avenue
6. 2~th Aysnue
- - ~ 7. 85th Avenue
`--- 8. 13th Avenue
~ , 9. 2nd Avenue
~
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BI~,L BRIGHTON
Jan. 3, 1980. ll: 30 AM
r_ v. -- --~~ - ~ ~~ ' ~ ~ - ~-, -~ ----~ -
Bill Brighton's attorney. Bob tlTright~ had called earlier. Aieyor O'Reitly
returned his call.
Mr. Wright: the 2~ contribution bq employees back to the party is historical,
this is the basis of the suit. It is a practice as old as the State of Indiana. The
parties always financed that way, both parties. t11e have a new young pro-
secutor, the opposite psrty of Brighton. He wants to stop the practice. Theq
have alleged the contract between the sewer trea~ent plant workers (repre-
sented bq the Plumbers & Fitters) , theq put into the contract that they would
paq 2$ and it was considered a factor in senioritq whether paqments were
made. It had alot of press because Bill Brlghton is 1!'laqor. B311 Brighton is
being made an example to abolish thfs on a State Ievel. if it was a trial type
of situation~ we could attack it. But we csn't atteck an indictment. A charge
bq a Grand Jury is easq to get. There is no evidence. They're doing ft all
over Indiana, it is open and above board, not under the table. .
Maqor O'Reillq: On a scale of 1 to 10, 10 being the most difffcult, how would
you esHmate this trial?
Mr. Wright: Two.
Maqor O'Beillq: What would you estimate the length of the trial?
Mr. ~yright: 2 to 3 daqs. We have to ask the Governor to say he does the
same thing, and show it's done on the State level. I can't let the jury think
it's an isolated case, I have to show it takes place all over the State. Other-
wise. it would take 2 or 3 hours.
Maqor O'Reillq: Please pass the message on to Bill Bri~hton, we are reopen-
ing the applications. All others except Bill Bri~hton are not to be considered.
That doesn't raean that Bill Brighton has the job, ff he comes out of the trial
okaq, that the job is his. It will be the fresh applicants versus Bill's `vhen
the triel is over .
Mr. Wright: I am well acquainted with Brill Brighton (15 years) . I thinlc if you
hire him, you will be getting a verq good man.
~
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DIYIStON OF FOAEST. Ut~i AHD WfTER MANACEMfNT BOX f 130
KENAI PENfNStILA AREA OFflCf SOLOOTNA, ALASKA 99669
~~ ~~~~~~,
January 10, ~gso ' • ~AN 1 ~~ ~
Re: Publ ic Hearir~g f,~ yp~ q,~
DirT: f~~ :+tRL~C VY0~1~8
To Whom It May Concern:
Uue to your interest in llnion Chemicals' and Tesoro's water use in
the North Kenai area, you are hereby advised of the following
natic.e.
~~ .~
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NOTI~E OF PUBLIC HEARING
Union Chemicals and tesoro Water Permits
AUL 42906, T8075 und 78017
' A public hearing will be held Thursday night at 7:00 P,M.,
January 17, 1980 at the Nikiski No. 1 Fire Statton, Mile 17.9 North
Kenai Road. The purpose of the h~aring is to receive public testimony
conr.erning the Oivfsion's proposal to issue permanent water rights
Certificates of Appropriation to Union Chemicals and Tesoro.
Ar~yone wishing to give testirttony is encouraged to attend, however
the record will remain open for ter- (10) days f~llowing the hearing
for receipL of wrftten testimony. Any written testimony must be cent
to thP Division at th:t above address and received no later than 4:3Q P.M.,
January 28, 1980 in order to be considered.
The right is reserved to waive technical defects in this
pubTication.
Si ncerely, ,~)
~ ~~
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FINI8M FINISM
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TO COUNCIL
JAI3UARY 16, 1980
CAPITAL IMPROVEP~NT PP,OGRAM
PATHS OF REQi1ESTS TO STAT~
COUNCIL RESPONSIBILITY, SINGLE PERSON RTSPONSIBILITY AND AUTHORZTY
R E C 0 M M E N D A T I 0 N
I. CAPITAL IMPROVEMENT PROGRAM
Council, Administration~ Commission and Co~ittees. plus
the Chamber of Commerce involvement, has produced a list
of seven projects totalling $10 -$15 million requested
for funding from this session of the State Legislature.
All of the above groups have worked diligently, had public
participation, identified need and refined the initial list
down to priority requirements.
It is imperative that favorable results of this City-wide
effort be obtained because:
A. The pro3ects are needed within municipal and economic
growth time frames.
B. The expectations of the various groups have been
reasonably raised as Chey view the known City needs
which concern them and the known Stare excess fund
situation.
C. This session of the State Legislature will set the pattern
somewhat for future distribution of State excess revenues.
II. PATHS OF REQUESTS TO STATE
Council should have~a clear and current awareness of the bureau-
cratic and legislative maze confronting the CiCy due to the
diversity of Projects.
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The projects involve harbor, airport~ roads, civic center
and recreation.
The bureaucracy and legislature cover various Administrative
Committees, Departments and Divisions plus legislative
individuals, committees, task forces, etc. Decisions, after
reconnaissance, will have to be made as to proper "horse"
to back and where the money pots are going to develop.
III. COUNCIL RESPONSIBILITY
Counci2 is u2timate2y respansib2e for success or fai2ure of
efforts. We must have a well thoughtout, defensible and
confident approach reflecting depth of knowledge of those
pro3ects the commissions, committees, citizens and Chamber
have asked the City to do right now.
The chances of success are good, but difficult. The chance
of failure, no pro3ects, inadequate funding, further delaq,
could almost lead to charges of misfeasance for failure of
a government body to act when capable and when the situation
calls fvr it.
IV. SINGLE PERSON RESPONSIBILITY AND AUTHORITY
Council has several alternatives, some viable. some not.
The non-viable are:
A. City Manage~ If one were hired to be on deck tomorroca~
it is doubtful whether Manager would have the depth of
pro3ect background or knowledge of Juneau situation to
act successfully.
Capital Improvement Program
Pa~e Tt~o
' __ _ _~_. ~ r r -r ~~
/ .
B. Use Acting City Manager. In view of his Departmental
responsibilities and the great task of holding other City
Administrative and management tasks together until Council
offe rs him relief, this alte rnative does not appear viable.
C. Employ an outside counsultant. Again lack of project
background is a ma~or handicap. The possibility of
employing either available City Manager should be considered,
but their entnusiasm factor may be a deterrent.
' The viable appears to be any person on Council willing to
assume the responsibility and having the time capability
along with other non-City activities. The task has:
~ A. A great opportunity to do something of high value to the
~~ City, understanding that even as projects are obtained~
the projects will not satisfy everyone.
~ B. Good chance of failure. The City is not as re ared
(engineering, legislative language, etc.) aspother
seekers of funds.
' C. A very high and irregular time demand. Some meetings
and efforts will be capable of schedu2ing, but this
~ session, more than any other to date, will probably be
~ a rodeo played on the ceiling.
-:
V. RECONIl'4ENDATIONS
If this Memorandum accurately and adequately explains the
situation, Council should:
. A. Act immediately on this situation.
B. Determine who to select to do this task and negotiate
~~ proper terms of agreement with City.
y,i~ I C. Inform the public.what the situation is and, if action is
;~;;~ taken, what Council s reasons and intentf.ons are.
~ D. Identify and schedule Council persons and appropriate
-~ Council committees to continue on-going activities of
City, i.e. City Manager application process~ Public
': ~' Works, 19$0-81 Budget, etc.
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--~ -~~~ Ca ital Im rovement Pro ram
- -_~ r ~ rage Three
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TYPE OF LOBBYING PATH
1. DEVHLOp, ANALYZE 6 DESCRIBE
PROJEC? BY PRESENTATION
Council
Co~aiasioae
Comatttee
Citizen
Chamber
Administration
2. FEp3ISILITY
Deaign Engineer
to Hecessary Exceni
3. aEVIEti WIiH
Council
State De2egatioa
Admiaiatratioa
4. lfODIFY b CBANCB
Preaent to appropriate
Repreeeutative~ of
Divisioa or State
Adainiotration
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TO COiJNCIL JANUARY 16, 1980
S. DEVELOP FULL KHOYLEDGE
OP LEGISLATORS,
ADKINISTRATIVE AIDES.
ETC.
~~
6. R$VIEiJ EPYORTS b
PROGRESS WITH
Couacil
Commissione
Othere
7. RE-PSESENT TO S2ATE
~
8. ANALYZE STATE LEGISLATIYE
AND ADKINISTRAiIVE
SITUATION (Sthat Do ihep
Want; Mho Are Yhey)
9. PR£SENT TO AND A3R FRO2i
COUNCIL PUTUBE CUIDANCS
AND CODNSEL
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10. IMPLBMEN? REVISED
AHD ADJUSYED PROGRAYS
12. EVALUATE SiBAT CAH BE OSTAINED - NHAT
IS DOUSTPUL, HBAT ZS NOT DO-ABLE
12. GO BACK NITH SET OY POSITIONS
1.
2.
3.
13. OBTAIN COHCUR&ENCE OF COUNCIL
14. STICR IN JUNEAU AT FINAL PSASE
15. VICTOflY YASTY IN KENAI
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P. O. 60% 580 KENAI, ALASKA 99i11
TFIEPHONE 4i1 • 7585
January 11, 1980
T0: HONORABLE MqYOR AND MEMBERS OF THE CITY COtJNCIL
FRUM: Ben T. Delahay, City Attorney
SUBJE~T: Claim of James C. Carter for loss from Mukluk Building
You find attached copies of correspondence between Edward L. Garnett,
Attorney for James C. Carter, and miyself cancerning the above named claim.
There are some indicat~ons that the City Employees were last in the
building before Mr. Carteroctt~c~,ed the building and found it secure
~ with his eq~ u~pment therein;~5ve not had time as yet to fully investigate
~. this claim to determine if there is liability which the City should be
obligated to pay, if there is no ]iabil on thP City for the loss, but
rather due to the fault of Mr. Carter, ~whether the claim is guestfonable.
~ I understand this claim was expected, but I'm presenting this correspondence
~ ' to make you aware of it.
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Tes.es~xoere 907 - 283-7189
December 19, 2979
f Citq of Kenai
) P. 0. Box 580
i Kenai. Alaska 99611
I Attention: Mr. Ben Delahay
I
I Re: James E. Carter v. Citq of Kenai
~ ~ Dear Ben:
i I have been retained bq James E. Carter to represent
him in his claim against the Citq of Kenai in the sum of
$15,000.00. Said claim arose out of the fact that the Citq
of Renai was leasing aIl or a part of the bu3.lding from him
called the Muk-Luk Building and Mr. Carter had several
pieces of equipment located in the building. The City of
Kenai's lease had expired and theq had Ieft some generating
equipment in the building and s~ill had keys. Sometime
~ around September 1, 1979, City emploqees, using their keys,
;; went iato the Muk-Luk Building to remove the generating
~~ equipment and upon leaving did not lock the building up. As
a result a pickup truck belonging to mp client was stolen
`; aloag ~~ith numerous A-frame and quadrants, mounting kits~
'_( hqdraulic kits and lite kits. My client ieels that the
~ Citq, through its employees~ was negligent in leaving the
; doors open. As a result of the stolen articles and the
,~ damage to the pickup truck, which was later recovered, my
~~ clienr was damaged in the sum of $15,000.00.
~ My client is demandiag payment of his claim on or
before the 15th day of January, 1980 or he will have no
other alternative but to proceed as he may be deemed advised
at law.
Sincerely,
/~~7 1 ~~ ~ C A'' _____
ELG/ j lp
cc. Mr. James E. Carter
~..' .~
~ D L . GARb1ETT
RECEIVED
DEC ~ 01979
6Y LEGA4 pEAT.
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December 21, 4979
~~~
Edward L. Garnett, Esq.
P. O. Box 3331
xenai, Ak 99611
Re: James L. Carter v. City of P.enai
Dear Ed:
I received your letter reqarding the above claim yesterday,
and have only had the opportunity to make a very brief
investiqation which would indicate, however, that the loss
was not due to the neqligence of any City employees.
In order to assist me in evaluation of this claim, please
furnish me,an itemized list of the property lost with an
iteraization of valuation, and itemized listinq of damaqes to
the truck with like valuations upon which Mr. Carter has
based his claim of $15,400--frankly, the amouat seems exor~
bitant -in vieto of the loss as reported to me.
Sfncerely,
Beu T. Delahay
City Attorney
I3TD/md
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Tes~v-toxr 907 • 283~7189
January 3, 1980
Ben T. Delahay
Citq Attorneq
Citq of Kenai
P. 0. Box 580
Renai, Alaska 99611
Re: James E. Carter v. City of Kenai
Dear Ben:
s
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RECCtVED
,lAr~ 7 iybu
8Y t.EG!-L D£K. .
CR1f Ofr KENAt ~~ G yy. ~
In response to qour Ietter of December 21, 1979 I
am enclosing herewith a copy o£ the repair bill on the
pickup truck that was stolen out of the Mukluk Building.
This is only a small portion of mq client's clai~.
Ori inally mq client listed the 7 A-frame and quadrants
at ~178..88 each, foz a total of $1,252.16, 7 mounting
kits at 277.52 each, for a total of 1,942,64, 7 Hydraulic
kits at 680.20 each, for a total of 4,761.40, and 7 Lite
kits at 113.18 each, for a total of 792.26, for a grand
total of $8,748.46. This was the figures that he had at
the time he or~,ginally purchased them. Iiowever, he advises
me that presentlq he cannot replace the 7 complete kits for
any less than $12,882.71, and on top of that he has lost
anq profit value that he would have made from the sale of
the kits. So he has been damaged considerably beyond the
initial cost of the items. If I take his figure of
$12,882.71 and add to it the damage to the pickup of
$1,441.24, the total then comes to ;14,323.95.
In reviewing the police report and the statement made
by my clfent, it appears that the only keys to the old
Mukluk Building were the ones my client had and the ones
which were given to the Citq of Kenai when they rented
the building in Plovember, 1978, and tha Iast time my
client was in the building the pickup and all the equip-
ment was there. When he observed that the sliding door
appeared to be open he made an inspection and found that
sliding door was open and that the only waq that door could
IJ _.__._. _____. _ __ ___ , _-_ ~ _.; ~~ _
- ..s:_ _
Ben T. Delahaq
Citq Attorney
Pa~;e Two
J,~nuary 3, 1980
have been unlocked is from the inside. It could not be
unlocked from the outside. The normal coaclusion is that
when the City went iato get its equipment in August, or
whatever date, through negligence they failed to lock the
big sliding doors and as a result someone entered the
building, removing the pickup truck and the equipment
that was in the building.
Under the circumstances mq client feels he is
entitled to the damages he suffered bq reason of the
doors to the buildiag being left open.
Siacerely,
c.~-v ~
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Enc.
~-. _ cc. Mr. Jantes E. Carter
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~ ESTIPAATE O~ REPAfRSVERBALAGHEEMENiSfuOT~INU~NCi E TIb1ATESiREE
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VARiSVk1CESBA5E00NSTANDARDCAfAIOGOROCURfMENIPRfCtiJSiSSU~~I~CITC~!.~~~.IJ~,:w~i:lUUi:iOT1:F..
PROCURcA1ENi ANO DEl1VERY CNARGES MAY $f RDOE~ FO$ SPECi:.I SF.RV:r_; r_}~t tr..~`5>t•~~ Ar'.ua.E'lf LUCa1tY. TOTAL
t.1.47EitIAL !
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OIOPAkfSREMUVFOFROtACARSW~lLH~1Uf~d:EDUPJlE5;i0iHE1:WI5E1NSt::~~~t:t•:;~ti/!:lt:r~::
tME AHOVE IS AN ~Sf1~tAT~ BA'tt,~n (~N nUA INSP~CTI~)~Q APip D• •'.'i ~~~~~ ~'.nyr + AI•f`~' I~.VA~_ P~.'~t~• ~qL~ABOR
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OR ~AppR ~YMIC-t I~/~Y pE a; QUItttO AFTER7HE IYOR:i Hl.i NE~f1 UPFN!!i ~%^ C.~L~A~_ •.•fl ~t ~.Y A; IF:7
WORK NA5 START£U YlORlv VRRiS ARF_ O~$COVERf V WHiCN A~iE ~IVi L'Y~'v:.~.T ~.t~ ~~If1'.1 Ih :i~~i, "IO~~
BHGAUSE OF TM13 TMti '1QdVE PRlCCS ARE NOT GUAAANTEEU
TAT•' L PAATER (.
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AUTHORI2 AIVD.~CCEPTED
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OR AGENT OnTE ''^or~1- ~/!y~
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Januaty 16, 1980 ~
TO: City Council
FROM: Janet Whelan
City Clerk
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c:il~ Uf KENAI
„a~ e~~ ~ ~~~„
P. O. tOX St0 KENAt, AtASKA 99~t 1
TELfPMONE 2i1 • 7595
Liquor license renewals - December 1978
:Che following is a list of liquor license renewsl applications, with the
etatus of each. according to the Kenaf Penfnsula Borough.
~=~: - ': ;,.~ <.. ,.
The State of Alaska has requested ~ a reply by Feb . 2, 1880 .~ The Borough
is in the prccess of completing research on the applicants, and will submit
a reply directlq to the State if there is any objection due to dalinquent taxes,
delfnquent Sling, etc. H~ll Cogbill, Tex.Auditor. is confirminq this
sction with the Borough ~egal Dept. The Citq ean.submit any abjeetions
otber Wan delinquent ta~es _directlq ~o the State. " -. `~ ` ~'~ ~
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Liquor Store .~; r ~','- ~enalty onlq, hae not been billed qet
Harborview PenaltpAonlq hae aot been billed qet.
Ha8 not filed for 6-79 ~ 9-79 quarters
Kenai Joe's No sales tax filing in 1979
Larrq's Club o~y
Reinbow Bar Owe personal prap. tax of $103.17
Rig Bar okay
Sheffield House okay
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TO: Cfty Cotwncil
-
t January 16, I980
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Daddq's :Uioney
okay
Katmai Motel okay
Araerican Legion Penalty only, has not been billed yet
Flks okay
~ Eagles N~ re~*Istration for Rales tax
- Italian Gardens okay
Pizza Paridisos Penalty only, has not been billed yet
Foodtown Liquor okay
_. ,- Kenai Liquor Can flnd nothing on it
, Oakea Keg Okay
. Peninsula Oilers No ~ling for 8-78 quarter
Twin Cities Racewaqs No filings for 6-79 ~ 9-79 quarters
. The next assembly meeting will be Jan. 22, 1980, and this will be submitted
fnr their reriew at that tirae.
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P. O. tOX 3~0 KENAI, ALASKA 49611
~ TEtE-MONE 4t3 • 7S3S ~
January 10, 1980
MEMO
T0: Keith Kornelis, Director of Public Works
FROAi: The Kenai Advisory Planning and Zoning Commission
SUBJECT: Capital Imgrovements Priority List and
Six-Year Street Improvenent Program .
The Kenai Advisory Planning and Zoning Commission discussed
the:Capital Improvements Priority List and the Six-Year Street
Improvement Program at their regular meeting on January 9, 1980.
The Commissioners had the following recommendations:
~ 1. Bidarka and Fidalgo Streets should also be listed
for Water; afnd Sewer Improvemen~ts . ..
2. The iVarm Storage Building should be listed as Item No. 1
under Priority Status II.
3. A City hockey rink should be included as the City should
not be left out of having one in the £uture. '
4. Concerning the Six-Year Develapment Plan
a. Item 1- S. Kenai Spur Frontage Road
Spur should be changed to Lake Street
b. Item 5- Delete Harbor Loop from the list
c. Item 14 - Delete ~Valker Lane to the Termintis
jet
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January 11, 1980
T -r ^' ~ ~t
„ C1TY OF KENAI „
a~ e~ ~ ~~~
V. O. iOX 580 KENAI, ALASKA 49i11
TEIEPNONE 183 • 7535
Ketchikan Gateway Borough
_ 344 Front Street
Ketchikan, Alaska 99901
~ _,.__ _ , Gentlemen :
i.
( At the January 9, 1980 meeting of the Kenai Advisory P2anning
~ and Zoning Commission, the Commissioners reviewed the
Ketchikan Gate~ti~ay Borough's Joint Resolution No. 38b/360
` of the Planning Commission and Assembly.
' This Resolution protesting exemption af State lands from
full local platting and subdivision authority ivas supported
~ by the Kenai Planning Commission as stated in the enclosed
~ i ~ Resolution.
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~ ' ~ ~ Sincerely,
~ ~ C.V
. Q<~~`'
~ , Janice E. Taylvr
, ,. Secretary to the Planning
~ - and Zoning Commission
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CITY OF KENAI
ADVISORY PLANNING AND ZONING CONA~IISSION
RESOLUTION N0. PZ 8(~-I
A RESOLUTION BY TH~ CITY OF KENAI PLANNING AND ZONING COMMISSION
SUPPORTING KETCHIKAN GATEI9AY BOROUGH JOTNT RESOLUTION FOR
REINSTATE?iENT OF ALL PLATTING POtiVERS PREVIOUSLY ACCORDED
MUNICIPALITIES.
ttiHEREAS, As 29.33 mandates that Boroughs shall provide for
planning; platting and zoning on an areawide ba§is in recognition
that local authorities are most knowledgeable about local needs
and best able to make those decisions relevant to the quality
of community development, and
WHEREAS, FCC SHBb6 limits local platting authority and the ability
of the Community to provide for orderly development by exempting
the platting of undeveloped State land eligible for disposal under
AS38.05 and AS38.08 from improvement requirements, and
tiVHEREAS, Ketchikan Gateway Borough has adopted a joint Resolution
protesting the said provisions of FCC SHB66.
~
.~ ~VHEREAS, To assure orderly development, it is in the interest of
the City of Kenai to have all pZatting powers previously accorded
municipalities reinstated.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, to support the Ketchikan
Gateway Borough Planning Commission Resolution No. 386 and
Borough Assembly Resolution No. 360 petitioning the Legislature
for the reinstatement of all platting powers previously accorded
to municipalities.
PASSED BY THE KENAI ADVISORY PLANNING AND ZONING COMMISSION
on this 9th day of January, 198Q.
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ATTEST:
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~ cretary to t e Commissian
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V. O. WX St0 KENAt, AIAfKA 99~11
TKEPHONE 4~3 • 7535
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January 10, 1980
MEMO
T0: Mayor and Council of the City of Kenai
FROM: Kenai Advisory Planning and Zoning Commission
SUBJECT: Capital Improvements within Fidalgo Subdivision
Within the past year, the Kenai Advisory Planning and Zoning
Commission has received"several lease applications from
peo~le interested in developing businesses in the Fidalgo
Subdivision area. This subdivision has been subdivided, platted,
and.the appropriate zoning changes have been made.
The Planning Commission feels that the central business district,
particularly Fidalgo Subdivision, needs to be opened up for future
development and growth of business, keeping in Iine with the
recommendations of both the past and present Comprehensive Plans.
The City of Kenai is the primary landowner in this area, and it
needs to make more lots available for lease by providing street,
water, and sewer improvements.
Bidarka and Fidalgo Streets are listed under Priority Status III
.on the Capital Improvements listing. The P2anning Commission
would also like to recommend that these streets be listed for
water and sewer improvements.
The Planning and Zoning Commission wants to encourage business
development in the downtoivn area and feels that there is a
definite need for development of Fidalgo Subdivision.
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~ + ~ ~ KENAI PENINSULA BOROUGH
H~~ULAK ASS~:b1BLT D1EE1'I~G .
JANUARY 8, I980; 7:30 P.D4.
BOROUGI I AD~1I N I STRAT I OY BU I LD 1 NG
' P. 0. BOX 850
SaLDOTNA, ALASKA 99669
. I • A G E N D A-
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BOARD OF EQUALIZATION Arness 9
Campbell 7.5
A. CAI.L TO ORDER AND ROLL CALL OF BOARD Cooper 10
Cosr 9
B. HEARING OF APPEALS ON SECO~D SUYPLEAfENTAL Crawford 4
ROLL FOR 1979 Davis 9
Dimmick 9
C. ADJOURNMENT OF BOARA Elson 10.b6
Fischer 9
' '~ • • '~ Hille IO.b7
Long 9
A. CALL TO ORDER AND ROLL CALL OF ASSE1~iBLY Diartin 9
~ • McClond 7.5
B. PLEDGE OF ALLEGIANCE Pickarsky 11
~ Sikorski 9
~ C. SEATING OF t3EUt ASSEb(BLY biE.KBERS Nnbarian 10.6?
~ D. AGEIdDA APPROVAL
~ E. APPROYAL OF DlINUTES OF PREVIOUS SiEETIYG
F. ORBINANCE HEARINGS, OR OTHER PUBLIC FIEARINGS
. (a) Ord. 79-78 "Reaoning a Portion of the
it~~-enai from Rural Residential (RR)
^ District to Suburban Residential (R5)
~J District"
(b) Ord. 99-79 "Readjusting the Votes of the
ssem y Based on the 5pecial Federal
Census of 1978" (with amendment)
I G. CONSIDERATION OF RESOLUTIO`S
~ .
( (a) Res. 80-1 "Abolishing One Position of
ap~'tainin the Nikiski Fire Uepartment"
,~ . (b) Res. 80-2 '•Amending Seciion 1 of Resolution
-8 an Establishing Rates of Pay and
,` Ben6fits for On-Call Fire Department Personne2"
'I (c) Res. 80-3 "Approving the Design Development
ocu~ments for the Central Peninsula liospiial
Project and Authorizing the Preparation of
!~ . Final Construction Flans and Specifications"
~ (d) Res. 80-4 "Directin~ the Prep:~ration of 1
o~Pl~in Devclopmcnt ~oning aiiJ 1'crmit
~~~ Systcm in Ordcr to ~taintaiii Conplisarc i:itli
I the Requirements of the :+ational F2ood
II~ Insurance Program"
~
(e) Res. 80-5 "A Resolution of the Ken~i I'eninsula
~ oro~h~Ci ssembly Pertaining to I~tultiple Use
of the Chugach ~Iational Forest and ltequcsting
~ Ueletion of thc Seward haiional Itecrention
il ~ Area from Senate Bill 9 D-2 Legislatiun"
~~ H. INTROnUCTION OF ORI)I~lANCES
i~ (a) Ozd. 80-1 "Appropriaiing SI15,619 from the
~ e era evenue Sharing Fund to the Borough
. Administration Builciing Renovation Projcct
for Lhe Purposc of Pcrforming Ccrtain Hork"
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AGENDA, JAPiUARY 8, 1980 .
(bj ~r3. s0-2 "„P~r:,p::a~i,-~g 3225,~v"G for tnC
ons~ion of a River Training Structure
to Frotect the Seward Landfill from Erosion"
1. FORI~fAL PRESENTATIO~IS WITII PRIOR NOTICE
(a) Air. Truman Knutson, Conflict of Interest
J. COMI~tITTEE REPORTS '
(a) Finance (DicCloud, Hille, Cooper, Crawford,
Coss, Dimmick)
(b) Local Affairs (Campbell, Davis, Sikorski,
Pickarsky)
(c) Public Works (Arness, Ambarian, Lono)
K. blAYOR' S REPORT
L. SCHOOL CONSTRUCTI0;1 REPORT
(a) Furniture and Equipment Lists for Soldotna
High School (board approved 12-4-79)
(b) Fnrniturc and Equipment Lists for Redoubt
Elementary (boai-d approved 12-17-79)
(c) Furniture and Equipment lists for Soldtona
High Schoo2 (board approved 12-17-79)
Dt. OTHER BUSINESS
(a) I~femo "Bear Creek Fire Service Area Diini-Pumper"
(b) Request for 19aiver of Penalty and Interest;
Nancy }lickson
(c) Request for ~Yaiver of Penalty and Interest;
Alfred Derkevorkian
(d) Tax Adjustment Requcsts
- PE~DING L~GI5LaTI0~1 -
(e) Res. 79-I74 "Requesting the ~leventh alaska
eg s ature to Authorize Real Froperty
Exemption of $50,000 for Residential Property
Owned and Occupied by Residents of Lhe Borough"
with Amendment endorsing iIB 314
(f) Ord. 79-65 "Authorizing the Purchase of Certain
'• . ropp crty as a Site for the \ew Elomcr F:Ier~entary
School and Dtaking \ecessary Appropriatio~is"
(failed. with Yotice of Reconsider:~tionl
Y. ASSFial$LY A~ID I~L1YOlt' S CU'•L~lEXTS
0. PUSLIC COMf-tE~~ITS
P. I1IFORAI~ITIOYAL MATERIAI.S :~.:U RI:FUIiTS
"~ews in Bricf", 12-17-79
KPB Flat Conu~iittce, 10-~2-i9 '
A,~1L ~temo rc Borough ,lssembly .lprortionntrnt
$ear Creek Fire S.A., 10-10-79 •
Nikiski Fire S.A., 12-1:-79
NEWS US Dept. of Labor Consumer Frice Index
Q. NOTICE OF NEXT MEETING AND ADJOU1iNMENT: Janu~ry 20, 1980
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C~TY OF KENAI
.,a~l G'~~.f~,l ~ ,Q~~,.r,,~a„
P. O. YOX St0 KENAI, ALASKA 99611
TKEPilOHE 4!3 • 7535
January 16, 1980
Mr. Don Statter
State of Alaska
Dept. of Transportation and Pub]ic Facilities ~
Division of Narbar Destgn and Construction ,
Pouch Z ,
Juneau, Alaska 99811 ~' J~
Dear pon, ' I
~
Thank you for the meeting of January 1, with you and John Tu11y of your
staff. The presence of. Captain Reyno ds and Chuck Waliing of the Corps
of Engineers was appreciated. Bob P erkin of the Harbor Cortmission and
I now have a more clearly defined pa h to follow in seeking the funding
for this pro~ect. As we understand
1. (a) The City should be p epared to expend $5,000 matched
by your Division fo feasibility and preliminary
enqineering. .
(b~ Followtng this, r quest to the State Leg~slators
shauld be made f $50,000 for detailed enyineering,
hydrology, soil tudies. ~
(c) A decision sho d then be made to ~nclude a request
for $3 - 4,000 000 or some determinable amount in
eithep the Go rnor's C.I.P~ for State Bonding or
for special a propriation to the City.
2. As regards to th $650,000 presently available, the above
feasibility stud 1(a), would prove sufficient ta allow
the expenditure of this money on Tract A. Or, this money
may be involve in the Pacific Alaska LNG Dock Facility
under conditio s of City involvement.
Other points of discu ion and agreement as we understand them is that:
1. State fundi g for Ports and Harbors is not contingent
on receivi a Corps of Engineers study showing favorable
benefit - ost ratiu.
2. The matt of Dry Storage Harbor or Wet Storage Harbor type
can be 1 ft open, but a request for inclusion in this
State L gislative Session should be made and the Harbor
Commis ion vri1T be tn a pasftion of neutraiity or support
but no opposition.
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Don Statter -2- January l6, 1980
~ ` (Continued)
~ - .
3. The Corps of Engineers "Wi dshield Survey" should 'proceed
imnediately with the City fulfilling its side of that
obligation.
All in all a very good meeting. Please be with us on January 22, with
Pacific Alaska LNG. We look f rward to further work with you.
Sincerely,
Vince 0'Reilly
Mayor
Enclosure
cc: Honorable Cle Ttllion, Senator
Honora6le Pat 1ck 04Connell, Rep.
Honorable Hu F~ Malone, Rep.
VOR:kh
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~ A PUBLIC LIBRARY IH SERV~CH SINCE 1~4p
BOX 157
- KEIVAI. A(ASKA 89611
DECENIBER 1979
I CIRCULATIODI ADULT JWENILE EASY BOOKS
Fiction 877 210 52~
Non-Pfctioa 1092 65 100
Total Book Circulation . 2868
__ ~ Films, Phonodiscs, Pamphlets, Periodicals 298
Total Circulation 3166
ADDITIONS ADULT JUVF.NILE EASY BOOKS TOTAL
Gifts $k 2 1 57
Purchases 82 k 2 gg
~ Total Book Additions 145
~ ;
. Phonodises ~
i ~ ~ Total Additibns ~ 16?
' REt+~DIAL AND REWORKED BOOKS ADULT JWF.I4ILE EASY .BOOKS TOTAL
~ l f 3 ~ ~
.• I INTERLIBRARY IAANS ORDERID RECEIVEU RETURNED
'
~ Boolss 24 27 19
' ~ Phonodiacs/AV 34 46 58
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~ Total Hours 181
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INCOME
~~ ' Donatioa 10.00
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Fines a.nd Sale Books 29~+•55
Lost or Damaged Booka 3.15
' Xerox 9k.25
ToLal Income for December $~+01.95
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BORROWERS CARDS ISSUED FOR DECF3rBER 1979
~
Kenai kl
,
~ North Kenai
~ 10
soldotna 19
Kasilof 3
~ Clam Gulch
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Cooper Landing ~
Tota1 Borrowers Cards issued 78
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CITY OF KENAI
PUBLIC VEKICLE COl!'!!'4ISSInN
MEETING, DECEMBER 14, 19?9
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KENAI PUBLIC VEHICLE CO1l~IA'lISSION
DBCEMBEA 14. 1979, Continuation of Meeting of December 12, 1979 ~
Present: Jesse ~1Tade, Mary Thornton, Tim Wisniewski . May~r n'Reilly
4-b Proposals by applicants for service
Chief of Police Ross spoke, his department had completed the check on
the applicants:
Baxter, Cissell, Miller, Mr. and Mrs. Jackson. Mr. & Mrs. Martin
The report came in late last night, and all are okay. The inspections are
availeble for individuals to check until Monday, Dec. 17~ 1979. then they
will be turned over to the Citq Attorneq .
Chairman Wade asked if any of the applicants had anq questions.
There were none.
5 Public Participation
Chairman ~yade esked Mr. Miller, the other anplicents have other business ~-
involvements. He is involved in the Native Association, when will he be
able to be full time. nir. Mfller replied he plans to retire in September.
Till then he will monitor. Chairman tyade noted Mr. Miller's is the onlq
applicant that had rates set. If the Commission recommends rates other
than those requested, will he atill be interested. Is he willing to come
to Council and ~vork it out. Atty. Carson replied theq felt theq had the
facts, theq feel confident the Council will ~o for a rate increase. Council
may change the proposal, theq didn't know. Chairman ~Vade asked what
if we take Anchorage rates and you are 60$ higher than Anchorage. Most
Renai charges are not 60~a higher than Anchorage. Attq. Carron replied
fn 1966 there was a disparfty .~Vhat the nercentage is, he didn't know .
Chairman V7ade asked, would he be willin~ to discuss with Couneil if
the rates are differeni. Atty. Carson replied yes, if they were much
different, theq might think about it. But he didn't anticipate any pro-
blem.
Mr. Jackson said he spent his time checking into costs, the other app-
licants apent their time making proposals. He was prepared to show
he could pa-y for it, the Commission dicin't ask him. He felt it would be
slow the next few years, anyone with r.+~r~!inal ffnances would hsve
trouble. Chairman ~~'ade said he didn't think ihere was any problem
with Mr. Jackson's ffnancial ability.
Mrs. CisseII said since she's been in the business, she noted there are
f
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KENAI PUBLIC VEHICLE COA'[*dISSIdN
DECEMBER 14, 1979
Page 2
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so manq dead-head miles down here. She also said this is the only place
she'd have ~ cab company. She knows there should be a change in the
rates, but we should take one thing at a time.
Atty. Carson said some time before. they had checked into the possibilitq
of getting a van in this area for hire. About three dealers were contacted.
Theq are waiting an answer. He just wanted Council to know they are
trqing. Chairman ~Vade asked does that mesn they are ready to go. Mr.
Miller replied it will take ten days to get the car ready.
Mr. Jackson said he talked to Bert's Cab , theq are willing to sell their
equipment .
Mrs. Cissell said we really need a cab companq, lots of people are want-
ing it. Could there be a waiver granted to atart right awaq .
Mrs. Thornton noted t2ie City Attorney said no.
~ Mr. Wfsnie~vski asked if people on fixed incomes - senior dtizens, etc. -
have anq special rate. Mr. Baxter replied Bert's had a senior eftizens
rate, he didn't knotv of anq others. Mr. Wisniewski asked what was
the percentage. Mrs. Cissell replied she thought it was 504~. Mr. ~1-is-
. niewski noted the Government is not as g~enerous as inflation rises, these
people have lived here all their lives, they should have special consider-
atfons.
Chairman Wade asked if there were anq comments firom the Commissioners.
Hearing none. he asked if theq had any suggestions on an approach to
selecting applicants other than that of date of application. Mr. Wisniezvski
noted it would have to be whcever would give the most professional
service. He acknowledged that it's rough to keep it staffed 24 hours
s day, the owner may have to run it himself. He may have trouble pay-
ing for it. If the owner has other businesses, it must still be run in
a professional manner.
The Commiseioners agreed to review the Applications by lst applied for
~1 George Miller
VOTE:
~ The Commission voted unanimously to g-rant the certificste for public
convenience and necessiiy to Geor~e PRiller
Mayor O'Reilly auggested the C.ommissi~n discuss any other franchises
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KENAI PUBLIC VEHIGI.E COMMISSION
DECEMBER 14. 1979
Ppge 3
at this time .
Chairman ~Yade asked for discussion re~ardin~ issusnce of future cert-
i8cation to eny other applicants.
ll4r. tyisniewski said he didn't Iike mon~polies, rig;ht now we need one
company running successfully. When the time comes, there should be
consideration made to another service . romnetition is healthy . ll'!rs .
Thornton concurred: Chairman ~Yade said he further agreed, and stated
the commission held the position that if comnlaints were received , or if
there was anq tie-up with need, the commission should meet again. And
based on facts, consider snother cab service. But it must be needed
and not jeopardize the existing cab service . ~
? Old Business
Aiayor O'Aeilly asked if the commission was going to propose a motion .
regarding rates. Chairman Wade said the commission was nat ready
yet. They zvanted to dfscuss it Srst.
After a short recess, Chairman Wade discussed a recommendation to
Council for taxi rates. He noted the fiag drop rate proposal is 66$ higher
than Anchorage rates. Regarding the charge per mile, Chairman ~yade
said he dealt with heavy dutq equipment , and in their proposttl theq're
charging more for a$10,000 taxi than a trucker gets for ~50,000 to $100,000
rig. Even his dead head rates were hi~her , nRr. ~Visniewski said to Mr.
Miller he felt the prices are a little steep. We must be fair to the public.
The other company did get along on low rates. Atty. Carson said their
proposal was based on higher rates. He noted Atty, nelRhay asked them
if theq were going to discuss rates. He had said no. Ariy. Delahay
urtderstood. Also, Mr. ZVade mentioned rates on trucks. Cabs must
be on the road all the time, trucks are not. Anchora~-e is different.
there are 4 companies, they purchase gas en a volume rate, have a
communitq dispatch, when you ~o out in service, you can ~et a return
ride. Here you cannot. Mr. Wisniewski said he knetv it was difficult
to project, but you want neople to be able to afford s cab. There should
be a clause for senior citfzens, it ix a public-type service. Attq. Carson
replied the Council has the ri~ht to reduce rates as well as increase.
The Council may choosc to meet and change the rates a~in.
Chairmun ~Vade ma@e a summary statement .
The commission feels that it's not their concern whether they make money .
The business is needed, ~ve can only recommend.
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KENAI PUBLTC VEHICLE CObL1~[ISSION
DECEhiIIEIt 14, 1979
Page 4
MOTION:
Chairman Wade moved, seconded by Mr. Wisniewski. to accept the
following motion: .
A motion of recommendation to the Citq Counefl for consideratfon of rates.
We are alerted with awareness that thfs commission will give them com-
parables brought forth in thfs meeting. ~Ve recommend inflationaty ad-
justments to the previous rates: a charge per hour increase. Flag drop-
we will make the Council aw~re, the new rate is 66$ higher than Anchorage
rates, ft maq or maq not be out of line. Charge per mile-the $1.60 proposa2
fs elso a 60°~ increese wer the previous rates. This rate should be scru-
tinized. with inflationary factors, it would be recommended . It should
be the option of the cab riders, if theq initiAte, theq c~n share a ride-
family. companions. or enqone they so choose. Otherwise, it would be
the normal manner of charges. A special consideration for senior citizens
bq the Citq Council in arriving at rate considerations.
The motion passed unanimously by mll call vote.
Mayor O'Reilly asked about the char~e per hour. Chairman t4ade replied
it was the same as before plus the inflaHonary factor.
$1.60 per mile, with awareness of increase
$2.10 flag drop with inflationary considerations
All others must be considered by Citq Council.
Attq. Carson noted, "Our proposals are in-----"
Chairman Wade said this should be submitted to Council and not consid-
ered here.
Mr. Wisniewsk~ not~ the proportional rate is computed by dividing the
hourly rate .
Adjournment
Meeting adjourned 10: 45 AM
Respectfully submitted
Janet jVhelan, City Clerk
CiTY OF KENAi
P. O, BOX S80 KENAI, ALASICA 99611
TELEPHONE 283 - 7~S
January ~., lgS0
TO: Kenai City Council
FROM: The Whelan Family
Mtehelle Corder, a Sterling artist, has offered to ffive one of her paintings
to us which we would like to loan to the City in the name of my husband, Dan
The family would like to have it hung in the new .qity Hall with ~n appropriate
memorial plaque. ";' ~ ' -- ~ ' ' :'
Because of the climatic conditions of the present city Hall, 'we feel it would
be better to have it pl~eed ~ the librar~y until a new City:.Hall is completed.
If this meets with your approval
we will make any neeess ,a~y arrangements~ '* '~-'~
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