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HomeMy WebLinkAbout1989-12-06 Council PacketKenai City Council Meeting Packet December 6, 1989 AGENDA KE NA= C = TY CO UNC I L Deccan1iE!tr A_ CAL L TO O RD E R REGULAR MEET=NG E� � 1989 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. E3. SCHEDULED PUBL=C COMMENT (10 Minutes) C_ P UBL I C HEAR = NG S 1. Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D - from Suburban Residential (RS) to General Commercial (CG) 2. Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation C,r,"tx'�[;•k, Zone" (R) _"�`k 3. Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for �Purchase of Land for Boat Launch �4. Resolution 89-79: Authorize City Manager Execute Mortgage & Agreement for Kenai Bicentennial Visitors & Convention Bureau for Construction of Kenai Bicentennial Visitors & Cultural Center D_ COMM = S S= O N/ COMM = T TE E REPORT S 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E_ M I NU T E S 1. *Regular Meeting, November 21, 1989 Minutes not available at packet time 1 F _ CORRESPONDENCE 1. *Letter from Senator Ted Stevens 2. *Letter from Kenai Peninsula Central Labor Council G _ OLD BUS = NE S S H_ NEW BU S 31 NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations" 4. *Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code 5. *Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to Adopt & Incorporate 1988 & 1990 Edition of Certain Codes 6. *Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in Council on Aging -Borough Fund 7. Vacation of 10' Utility Easement: Lot 2, Misty Haven S/D - H.U.D. _ _ ADM = N = S T RAT = O N REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager ,7- IDI[SCUSS=ON 1. Citizens 2. Council K _ AD SOU RNME NT 2 TO = FROM: DATE: RE Item C-1 i"i-im CITY OF KENAI ©d Gad al a j 4Ga�" :im pmfto "waoma 9W1 TELAPHONEM-7m FAX 907-283-.3014 MEMORANDUM Mayor Williams and Council Janet Loper, Deputy City Clerk December 6, 1989 Additions to the Packet for Meeting of December 6, 1989 Add Memo from Public Works Director Item C-3 Add Appraisal for Land for Proposed Boat Launch Item D-6 Add Minutes of Parks & Recreation Commission Meeting - 11/22/89 Item I-6 Add Memo from Howard Hackney INFO ITEMS: Monthly Budget Report The Centerline Letter from Senator Zawacki Letter from Forget -Me -Not Senior Care T NF O RMAT I ON L I S T 1Dece--m3=>4---r G , 1989 1. Pay Estimate #1: Float Plane Commercial Slips 2. Application for Council on Aging: Joanna Hollier 3. Application for Council on Aging: Elmer Seay 4. Application for Library Commission: Mary Quesnel 5. To Do List for Meeting of November 21, 1989 6. Meeting Notice for Alaska Oil Spill Commission 7. Extended Public Hearing for DEC: Air Quality 8. KPB Economic Development District Agenda for December 9. Kenai Peninsula Caucus: Agenda and Minutes 10. Kenai Meeting Calendar for December, 1989 11. Kenai Chamber of Commerce Calendar for December, 1989 12. Public Works Memo: Grant for Kenai Boardwalk Project 13. Drug Testing Becomes Corporate Minefield 14. Innocent Land Buyer is Ordered to Pay Costs of Toxic 15. Proposed Regulations - Games of Chance & Skill 16. Gubernatorial Candidate Information - John Lindauer 17. Mayor's Letter to Governor Cowper jal 7, 1989 C -I Suggested by: Planning & Zoning Commission Substitute City of Kenai ORDIN iM NO. 1333-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PRELIMINARY PLAT ENTITLED "MhGUIRE SUBDIVISION" FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) DESIGNATION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, by direction of Council, a preliminary plat entitled "Maguire Subdivision", depicting the desired lands to be rezoned has been submitted through the Kenai Peninsula Borough and was approved by the Kenai Planning and Zoning Commission on September 27, 1989, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described by preliminary plat as "Maguire Subdivision", a subdivision of Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of Lot B, Maguire Subdivision, according to preliminary plat to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 and August 23, 1989 for the purpose of reviewing this application and an amended application. As a result of these hearings the Commission recommends that the property described as Lot B, Maguire Subdivision (according to preliminary plat) in Attachment A be rezoned from the Suburban Residential (RS) designation to the General Commercial (CG) designation. The Commission further recommends the Kenai Peninsula Borough amend the Kenai Land Use Plan accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property described by preliminary plat as Maguire Subdivision and submitted as Attachment A, a subdivision of Government Lot 44, Section 34, T6N, R11W, S.M. are hereby rezoned to General Commercial (CG) upon the filing of said plat. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: November 21, 1989 Second Reading: December 6, 1989 Effective Date: January 6, 1990 jal SCALE'S` � ��,��� � �• � N •� �? 32 33 �` Sl BD. f qJ 34 's5 K£ N10 ITy F T.6.N. KENAI T. s N . i R.11 W. i 6f 4 3 2 cI K�„,A1 d e 10 11 i'—. WAY BLM LOT-23 E A S TS soet rt 1 a 1.33, c 30, _ LOT -.A I. 430 acres 3 BLM LOT- 45 a N w W C in w g M W o o isl s' O v _ LOT•- B o to O — , a 2 o 28,130 s4. ft. - c 2 a 1 . '3 3 89039' 30"K 3 31 . 3' Lo A Cr. — {�5 3 �`0 J �,� J0 � v, Oa O 00 l `' 10 I, 2 3 .6 - ;. j' I CPREI KPB- FILE 3 9 -1 o g Ry I M t N-A M A G U I R E SUBDIVISION Comprised of 2. 420 BLM LOT-44 in the SE4 N64 Section 34 T, 6 N., R.I I W., S.M., and in the City of Kenai , K. R. D., A I a s It a . Owner: Samuel F. Maguire and Magda E. Maguire 130P vaknu Way Kenai , AK. 99611 Surveyor : Tel,j :. r,i•tham R.L.S. 7629 , P.0.8.2891, Soldotno, AK. 99669 Drawn by T.E. Sept, ^male 1" = 100' , I i M-m- O �10 -.4 N wi I 1791-1991 CITY OF KENAI %%Od Capdai 4 Am"" 210 FIDA 10 KENAI, Au9KA •m1 TE. =3-?SM FAX 907-2&3-3014 MEMO RAND UM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Secretary DATE: November 17, 1989 RE: Ordinance 1333-89: Amending the Kenai Municipal Zoning Map by Rezoning Properties Described by Preliminary Plat as Maguire S/D from Suburban Residential (RS) to General Commercial (CG) There appears to be some confusion regarding drawings and plats for the described property. Let me try to clarify some points for you. 1) The first ordinance slated for public hearing on September 6th bore the land description within the text: Government Lot 44, Section 34, T6N, R11W, SM. (2 The next ordinance was labeled "substitute" and bore the new land description as described above due to the submittal of a preliminary plat to the Kenai Peninsula Borough and subsequently to the Kenai Planning & Zoning Commission who recommended approval. (3 The Council has discussed an "approved" plat on several occasions. a. A plat is submitted to the Kenai Peninsula Borough by the surveyor of any property and is called a "preliminary plat". A plat must first be reviewed by the local Planning & Zoning Commission. Normally, plats do not run through local Councils or Assemblies unless specifically requested. b. Once Borough Administration and Planning & Zoning Commission and local city administration and Planning & Zoning have recommended approval, 1..' the plat then "rests" until either the surveyor or owner/developer move it through to the filing stage. 1 c. once the preliminary plat has been through all the previous stages, the Borough sends it to the Recorders Court and it takes from three to six months for a "final" or "approved" plat. Most owners/developers don't want to wait that long and the City and Borough have used preliminary plats to speed the process along. The Maguire Subdivision plat is currently in the "resting" stage. According to the Borough, no request has been made to move to "final" the plat, it is still a "preliminary plat" as of this date. CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ f9-& A RESOLUTION OF THE AD.V.ISORY PLANNING & ZONING COMMISSION OFTHE._CITY OF KENAI_@EUNMENPING �!PR0VAL) (DENIAL) OF THE REQUESTED C(REZONIN6_)' ,(OND� USE PLAN ANNEND NENTJ, SUBMITTED BY tja rirr•,ea r- /%7CL�Gt �yja �J/�J_ ) - - (Applicant) FOR WHEREAS, the Commission finds the following: 1. The subject property is currently zoned S:&" - 2. The present land use Rlan designation of the subject property is 3. The proposed (..UENG DISTvz�n BLAND USE PLAN DESIGNATINJ for the affected property is 4. An appropriate public hearing as re uired has been conducted by the Commission on 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory _Planning & Zoning Commission of the_C.ity of Kenai thatr_the_petitioned (REZONING) -(LAND USE PLAN) CAWNDMENT)'is hereby (RECOMNNFNDED) (NOT`RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning & Zoning Commission of the City of Kenai, Alaska, this "99..'a day of /1i .. -.' 19 f-� . Chair an ATTEST: Planning Secretary 8/84 J ' sITC- FLAP T< tAA 6 t C a L-OT, �57 ' Trz ai��G- bST � sf r� Vf L�' t .MA i titS ?,eiowa TH i - PA tct" '." 1 LIT �6'Gmef t rs 1-0 cirY 'PLWOED roc NT RE1 E t_OPMW1T i t.. C96AS5 P2r)PEP-Ty 'TAY FoR -row" pOy x- m e GrO 1 R ,SPu Z H Ny Po-rEt4T-{AL -Mr,U THE KENAI CITY COUNCIL November 1, 1989 Page 35 had not yet received the plat back from the Borough. That's the biggest question we have to answer. I personally believe, if in fact we did act hastily that we should reconsider that ordinance. I don't know where the plat is, I don't think I've ever seen the plat and I don't think any of the Council members have ever seen the.plat. City Attorney Rogers: I think, the motion to reconsider, I checked the code, is not appropriate, you need to rescind your prior action technically if that is the way you want to go. And then it brings it back. I don't think it's out of your control. If you rescind the action you're back to ground zero. Mayor Williams: We have to rescind the ordinance, we can't just rescind the action, we have to rescind the entire ordinance. City Attorney Rogers: Yes. Councilwoman Monfor: I can almost say with great assurity that none of us saw the final plat from the Borough before we had this meeting. And another thing that came out tonight that was one of the reasons I passed the negative vote was, I was under the impression they would have to come in from Swires. And hearing tonight they would come in off the Spur makes a lot of difference to me, personally, because that is a commercial location that they're going into and they should come up the highway like they do all the other ones. We didn't see a plat. Mayor Williams: It makes a very good point too, the entire 660' of that 5 acre lot that Zubeck owns faces Swires Road. Any time Zubeck wants to put a driveway or 8'driveways on the Swires Road onto that 660' he may do so, and it is commercial property. What's the difference, one side of the street or the other. I have a problem with that. Councilman Measles: Does the City now have a copy of the plat that the Borough has approved. Mr. Maguire: They must have some where. They sent us our copy. City Manager Brighton: I suspect we do but I have not seen it. Janet would have it. City Attorney Rogers: This wasn't an agenda item I think. Councilman Measles: No, I'm just asking if we know that we have received it and we do have it available. City Manager Brighton: Yes, I think we do and we could have it available at the next Council meeting. Councilwoman O'Reilly: In reference to your comments about the Zubeck property, I know where you're coming from but the complexion of Swires has changed since putting in the school. It would be a long time before we ever envision this. Mayor Williams: But the complexion of the Swires property hasn't changed. Councilwoman O'Reilly: But that's per the Comprehensive Plan. Councilman Smalley: I agree. I missed one of the Planning Commission meetings where it was discussed, or one of our meetings that we had called. Having read through the minutes and talked with some of the Commissioners, and having discussed it here. The plat that we looked at appears to be the preliminary plat that went to the Planning Commission KENAI CITY COUNCIL November 1, 1989 Page 36 after we sent it back. I really think probably we should rescind the ordinance and then review it at our next meeting when we have the plat that's been approved. City Attorney Rogers: I think it best to put it on the agenda for the next meeting so it has the same public notice as the ordinance had at the last vote so both parties can address it. Councilman Smalley: Do we need that ordinance number at this time to rescind it or can we just refer to it. City Attorney Rogers: I have it here. Councilman Measles: You're not going to rescind the ordinance? City Attorney Rogers: No, just the action. The ordinance passed. You're rescinding your action on it. It basically brings up the ordinance again. MOTION: Councilman Smalley moved to rescind our action on Ordinance 1333-89, seconded by Councilman Walker. VOTE: Motion passed by Unanimous Consent City Attorney Rogers: You want the ordinance on the agenda with notification for introduction and hearing at the next meeting. Mayor Williams: And this would require two public hearings, the same as a regular ordinance? City Attorney Rogers: Just like a regular ordinance. Mayor Williams: It will require a preliminary for introduction at the next meeting and the public comment at the following meeting. For the Maguire's benefit, the next meeting will be November 21st. The next meeting after that will be December 6th. It will be introduced next week, there will be no public comment. You won't have to be here next week. 2. Council a. Councilwoman Swarner: I am considering going to this RDC meeting since I am one of the people that asked what we are getting for our money. b. Councilwoman O'Reilly: In the Planning Commission minutes for October 25th on page 5 there is an error in fact. They are discussing the Dairy Queen leases and a couple weeks ago we had a situation relatively similar to this involving lease situations with the airport terminal and that never came before us, and Planning Specialist said it went to the Airport Commission, I believe that's in error. I don't believe it went to the airport. C. Councilwoman O'Reilly pointed out the chain letter in the packet. Councilwoman Swarner: I sent it to my sister-in-law. Councilwoman O'Reilly: It was a piece of Council literature addressed to my name in the packet. Clerk Ruotsala: If it was addressed to Council personally, I would not have opened it. Mayor Williams: I get some dandy letters that way. d. Councilman Smalley: If you notice the Planning Commission minutes, you will nottthat at the very end of the meeting I talked with regard, f, �t4- t q ZZ Suggested by: Planning & Zoning Commission Substitute City of Kenai ORDINANCE NO. 1333-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PRELIMINARY PLAT ENTITLED "MAGUIRE SUBDIVISION" FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) DESIGNATION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, by direction of Council, a preliminary plat entitled "Maguire Subdivision", depicting the desired lands to be rezoned has been submitted through the Kenai Peninsula Borough and was approved by the '.-,enai Planning and Zoning Commission on September 27, 1989, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described by preliminary plat as "Maguire Subdivision", a subdivision of Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of Lot B, Maguire Subdivision, according to preliminary plat to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 and August 23, 1989 for the purpose of reviewing this application and an amended application. As a result of these hearings the Commission recommends that the property described as Lot B, Maguire Subdivision (according to preliminary plat) in Attachment A be rezoned from the Suburban Residential (RS) designation to the General Commercial (CG) designation. The Commission further recommends the Kenai Peninsula Borough amend the Kenai Land Use Plan accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property described by preliminary plat as Maguire Subdivision and submitted as Attachment A, a subdivision of Government Lot 44, Section 34, T6N, R11W, S.M. are hereby rezoned to General Commercial (CG) upon the filing of said plat. 11 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. ATTEST: Janet Ruotsa a, City Clerk jal JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Third Reading: Fourth Reading: Effective Date: August 2, 1989 August 16, 1989 September 6, 1989 October 4, 1989 November 4, 1989 VICINITY MAP SCALE: I" • 1 mIN !! 32 33 �t SUSO. Qa 34 33 ITY Of XEN Al T. 6. N. I{ niQ I T. s N. R.11 W. 4 3 2 i 9 PO 9 It10 11 �_" ,, SPUR WAY BLM LOT-23 E A S! .Ssgre=rr,304.='213•r,. 43 �°•t3 LOT -.A n O of N I. 430 acres BLM LOT.4S N W W 0 2A1 3' o v a c Is `LOT -B o c 28,130 sq. f t to I. 3' 50, 1 a sOgg s9'3a"t331.3' N A 7 9 ��\( \off W I ` 11b� c 3 O©©\ -44 ' 6 10 I. 2 3 I{p$- FILE 1 q- i 0 to (PRE Li M R N-A Rai' MAGUIRE' SUBDIVISION Comprised of 2. 420 BLM LOT-44 in the SE4 NE%4 Section 34 T.6 N., R.I I W., S.M., and in the City of Kenai , K. R. D., A I a s k a . Owner: Samuel P. Maguire and Magda E. Maguire 1308 Kaknu Way Kenai, AK. 99611 Surveyor : Terry T. Eastham R.L.S. T629 P.O.B.2891, Soldotno, AK. 99669 Drown by T.E. September 1989 , Scale : I" s 100' \ C KENAI CITY COUNCIL August 16, 1989 Page 4 2. Ordinance 1332-89: Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 MOTION: Councilwoman O'Reilly moved for adoption of Ordinance 1332-89, seconded by Councilwoman Swarner. VOTE: Vice Mayor Measles called for comments from the public, there were none. Motion passed unanimously by roll call vote 3. Ordinance 1333-89: Amend Zoning Map - Govt Lot 44, Sec. 34 - Maguire MOTION: Councilwoman Monfor moved for adoption of Ordinance 1333-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public. Samuel Maguire: We made the request to have the change there. We live at 1308 Kaknu in Kenai. We have a business here in Kenai that we would like to locate on this lot. The Zoning and Planning Commission, quite thoroughly went through it and I appreciate the time that they spent, about a good hour, but my end consideration was that there were some people on there that, well two didn't give a reason why they voted against it, two of them were against it because they were against strip zoning. And seeings as it is the Spur Highway there, 55 mph speed limit, I don't feel that that is the best situation there to have that a residential lot and expect people to raise children that close to the highway. It doesn't give you a buffer zone to the highway, and the next thing we know ... even with the school there at the present time its still 55 mph but its going to have to come down there if somebody starts building there residentially. I think, I feel that if Kenai is going to grow its going to have to grow along the highway and not be in malls off the highway, in my opinion. The only thing we want to put there is a single business. I don't want to encumber it with a bunch of restrictions, but I do not plan to use a gross portion of it. Currently there were four complaints against the zoning of it that the commission looked at. Mr. Doyle was one of them, but we have talked since and we've come up with a little different plan. The Zoning Commission didn't feel they had the right to do anything accept recommend that you approve or disapprove the whole plat going to a general commercial condition. We've come up presently with a little different idea and Mr. Doyle will speak on that. We're on total agreement on how we'll work it out and we'd like to present it to you. I would still like to be able to put my business over there. We do have commercial property across Swires, across the street from me is a church, and as you go then towards Soldotna its commercial businesses. We are not jumping in the middle of a residential area, we are on the border and I feel that within the next 10 to 15 years, and we're not planning on leaving here, that all of this f KENAI CITY COUNCIL August 16, 1989 Page 5 area is going to have to go commercial if we're going to grow. I'd appreciate it if you'd look at it from the fact that we're not doing it for tomorrow or next year, we're doing this for the next 20 years. I don't see how we're going to get by without strip zoning unless we really want to get confused. I don't feel that any of the Kenai Spur Highway should be a place where you raise kids. The next thing you know we'll have 10 or 15 miles through here that's 25 mph speed limit because we have to have that to have safety. City Manager Brighton: You talked in terms of altering your original request. Are you making reference to those that came in to City Hall today? Answer yes. City Manager Brighton: I want you to be aware that the Council is not aware of that change. Those things to be in this packet should have been in here on Friday. And at the same time, neither has the Planning & Zoning seen that alteration. Mr. Maguire: If nothing else, I think I'd ask that it be sent back to Zoning to reconsider ours and the altered form. City Manager Brighton: I think that is appropriate action at this point on this particular ,. situation. Let Planning & Zoning take a look at your alterations and changes and see if that might not meet their criteria. Mr. Maguire: One of the complaints was that by us going in there we were going to increase traffic in the area. This is not true because our access is directly off the Spur Highway. We're going to help the area in taking a couple old buildings that have been there down. Councilwoman O'Reilly: I think it's a good idea, I'd like to hear the new proposal. Mr. Maguire: I think Mr. Doyle is willing to present it tonight. Vice Mayor Measles: I think it would be more appropriate to present it to Planning & Zoning first and come back the normal route. Mr. Maguire: Then we'll hear back in 30 days? City Manager Brighton: Janet Loper has all the information. MOTION: Councilwoman Monfor moved that Council table this ordinance until we have a recommendation from Planning & Zoning and it returns to us again, seconded by Councilwoman Swarner. VOTE: Motion passed by unanimous consent 4. REsolution 89-59: Transfer of Funds - Susieana Lane Paving - $2,820 MOTION: Councilwoman Monfor moved for approval of Resolution 89-59, seconded by Proposed amendment to KMC 14.20.220 to be included in place of (g) with the original (g) being moved to (h) and so on. Form A & playgrounds, and similar uses. u (Q) Signs Permitted in the Recreation Zone: (1) signs identifying permitted principal and accessory uses and & playgrounds, and similar uses. 11/89 ATTACHME N T 13 - r LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH oe RESIDENTIAL one Family Dwelling Two Family Dwelling Three -Four Family Dwelling Five -Six Family Dwelling Seven* Family Dwelling Townhouses' Mobile Homes5 Mobile Home Parks• Planned Unit Residential Development' COMMERCIAL Automotive Sales Automotive Service Stations Banks Businesses/Consumer Services Hotels/Hotels Professional Offices Restaurants Retail/Wholesale Business Theaters/Commercial Recreation P P P P P P S1 S1 Sa VO P P P P P P P P P S1. S Cu P P S1 S1 Cu C' P S1 S1 C C C C C C C C G I P P P P P r P P P P P P P r C" P PG P L P P 14-66 (City of Kenai Supp. #51 — 5/9/89) ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH INDUSTRIAL Airports and Related Uses Automotive Repair/Tire Recapping/Rebuilding Gas Manufacture/Storage Manufacturing/Fabricating/ Assembly/Storage Warehouses 3UBLIC/INSTITUTIONAL Charitable Institutions Churches Clinics CollegeS12 Elementary Schools" Governmental Buildings12 High Schools12 HospitalS12 Libraries Museums Parks and Recreation Public £acilities12 SanitaIlums12 ISCELLANEOUS Animal Boarding" Bed & Breakfasts Cemeteries Crematories P P P P C9 P P P P f P p10 p10 p10 Pic Cis P P C C C C C C C C C C C C C C C C C C C C C C C C12 P P P P P S S S S S P C C C P C C C C C C C C C C P C 14-67 (City of Kenai Supp. #50 — 3/10/89) ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-3 RU CC CG C 1L IH 3C�LLAtIE011S. Continued )ay Care Centers"C ]ormitories/Boarding Houses w-ssential Services Farming/Gardening/General Agriculture 3reenhouses/Tree Nursery" Large Assemblages" (e.g. Circuses, Fairs, etc.) ;,odges/Fraternal Organizations arming, off -Street parking, Public Lots' )rivate Clubs tadio/TV Transmitters recreational Vehicle Parks ;ocial Halls ;ubsurface Extraction of Natural Resources16 ;urface Extraction of Natural Resources" 'nion Halls C C C _ C C p S1 S P P P p 1 P P p y Y P P P C C C C C C C G P p P P P P P P P P P P P P C C C P P P P P C P C C C C C. P P C C C C C C C C C C C C C C C C C C C C p C P C 14-68 (City of Kenai Supp. #51 — 5/9/89) 3 ;,DEVELOPMENT REQUIREMENTS TABLE - PAGE 1 ZONING DISTRICTS USES (_ RR RR-1 i RS RS-1 RS-2 RU IL IH CC CG (� MINIMUM LOT AREA (Sq. Ft.) With public water and/or sewer.* MINIMUM MULTIFAMILY LOT 40;2100 40,000 7,200 20,000 7,200 7,200 5,000p�obp See Individual Sections for Requirements 20,000 ( 20,000 7,200 12,500 7,200 7,200 5,000 , o0 0 40,000/ 20,000' N/A 9,600 N/A N/A 7,200 -- AREA (Sq. Ft.) Four Family Dwelling Five Family Dwelling Six Family Dwelling Seven Family Dwelling MINIMUM LOT WIDTH MINIMUM YARD Front Side Rear MAXIMUM LOT COVERAGE MAXIMUM HEIGHT -- N/A 10,000 N/A N/A Subj. to Commission Approval -- -- N/A 12,000 N/A N/A -- -- N/A -- -- -- -- 90, 90, 60, 60' 60' 60' 60' 40 ��� 25' 25' 25' 25' 25' 10, 25' 15' 15' 5' 51 51 52 15, 15 ' 20' 20' 20' 20' 20' 102 20' 20, 300/0 30% 30% 30% 30% 30% 40% -- 35'_ 35' 35' 35' 35' -- 'For structures with a daylight basement, the minimum side yard shall be ten (10) feet and for structures two or more full stories in height, the side yard shall be 15 feet. For the purposes of this table only, a "daylight basement" shall mean a structure where the ground floor is 30 or more inches below grade and a structure where the ground floor is less than 30 inches below grade as set out above shall be considered a full story. 2Except that for each story over two stories, each side and rear yard shall be increased three feet, but need not exceed 14 feet for each side yard and 19 feet for the rear yard. 14-71 (City of Kenai Supp. #46 - 11/13/87) Kenai Planning & Zoning Commission ✓�- RESOLUTION PZ89-16 l A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING AMENDMENT TO THE KENAI MUNICIPAL ZONING CODE, 14.20.145 BY THE ADDITION OF THE RECREATION (R) ZONE. WHEREAS, through previous contacts with the public over the years concerning several matters regarding diverse uses of property, and WHEREAS, through these previous contacts, have identified a need for a zone which addresses the unique topographical category of some lands within the City, and WHEREAS, the Planning & Zoning Commission feels that it is in the best interest of the City, both private and public property owners to have this new zoning designation, WHEREAS, the Planning & Zoning Commission has held a public hearing on the proposed amendment on October 25, 1989 and November 8, 1989 and as a result of these public hearings, recommend the Kenai City Council make the appropriate amendments to the Kenai Municipal Zoning Code. NOW, THEREFORE BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai, Alaska that it is hereby recommended to the Kenai City Council, that the appropriate ordinance be drafted which would amend the Kenai Municipal Code to include the new zoning designation, 14.20.145, "Recreation (R) Zone as described in Attachment A and amendments to KMC 14.20.220 according to Form B, and updating the Land Use Tables, Attachment B. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 8th day of November, 1989. Chairman ATTEST: Planning Secretary KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 3 Commissioner McComsey stated he knew of one couple that had a buoy in the river and are no longer in the state which is just one example and is in favor of the project so that someone else has a chance to use the space. Mrs. Spearow: I'm sure there's a way to handle it fairly so that those who are active and have buoys and permits can be protected. Commissioner Brown suggested an addition to the Plan would be the proposed fire training grounds. Chris Como of the Borough is working with that portion and agreed that that certainly is something that needs to be mentioned. Commissioner McComsey: Chief Willis has land marked on his map was mental health lands given to the University of Alaska yesterday morning so that land is available for the fire training grounds. Dick Troeger: I personally am in favor of as much local control in government as possible. I don't suppose the City of Kenai would like to take on garbage and waste disposal. On Planning & Zoning matters, the City has zoning power with the Borough retaining the planning powers. Last year we put an enabling ordinance into place which allows the cities to make amendments to the Comprehensive Plan at the city level without having to go through the bureaucracy of going through the Borough. Planning Specialist Loper explained that there is a resolution before the Commission this evening dealing with just that. On the Comprehensive Plan I hope you keep moving ahead on it and get a draft in place as soon as possible. The longer it goes without attention the harder it is to make it meaningful and that is where the Borough is right now. We let it go too long. 4. PUBLIC HEARINGS a. Resolution 89-16: Amendment of Kenai Municipal Code by Adding Section 14.20.145 - Recreation (R) Zone This resolution and draft returns to the Commission with two forms for revision of the sign portion of the Code which would accommodate this particular zone. Form A was the original draft and Form B was the amended draft as submitted by Commissioner Bannock, plus the Land Use Plan proposed amendment. Commissioner Brown: It would be my opinion that the amendment to the sign code portion should be a separate resolution. Planning Specialist Loper asked if that would mean three since the Land Use Table is included. We missed amending or addressing both the Sign Code and the Land Use Table when we were going through the process for the Townsite Historic Zone and I felt that this would keep it cleaner, however, it can be done any way you wish. Vice Chairman Bryson asked that the resolution be amended to reference " those two items. Commissioner Brown stated that he did not desire delaying the passage of the zone and if there was no problem with keeping all three amendments together, then there is no problem. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 4 MOTION: Commissioner Glick moved approval of PZ89-16 with the last paragraph being amended after the the words "Attachment A" to read: "14.20.220 amendments to the Sign Code with Form B and updating of Land Use Tables" and add the date for the second public hearing, seconded by Commissioner Bannock MOTION AMENDMENT: Commissioner Bannock moved to amend Form B to eliminate the last sentence of (1) "no lighting is permitted" Commissioner McComsey asked if that meant you couldn't even shine a light on the sign or there can't be a light in the sign, answer no lights at all. Vice Chairman Bryson: I would say that this would address both an illuminated and an illuminating electric signs. Commissioner McComsey asked what happens if it ends up to be a big blinking neon sign. Commissioner Bannock answered that it can't be any larger than 32 sq. ft. You can have one that says open. There was no second to the motion - motion dies. MOTION AMENDMENT: Commissioner Brown moved to amend Form B by changing the size form 32 sq. ft. to 16 sq. ft., There was no second to the motion - motion dies. MOTION AMENDMENT: Commissioner Bannock moved to amend the motion by stating that "no internally illuminated sign is permitted" seconded by Commissioner McComsey Commissioner Bannock: This is opposed to a light shining on it. Vice Chairman Bryson asked for clarification. Commissioner Bannock: I have my sign in my yard and either I have lights on the ground shining up on it or I've got lights on the top shining down on it so people can see my sign at night. I think the golf course sign is lighted up with lights that are in the ground. I think what you people are afraid of is a Dairy Queen type of sign, right? The Commission agreed. So do we call that a self illuminated sign? VOTE AMENDMENT: Motion passes Commissioner Graveley - yes Commissioner Bannock - yes Commissioner Brown - no Vice Chair Bryson - yes Commissioner Glick - yes Commissioner McComsey - yes Commissioner Brown asked why the proposed recreation zone was listed on such large lots. Answer, most of the proposed recreational uses will be large and will require large tracts of land. Most of the lots that are zoned Suburban Residential, while on City water & sewer wouldn't fit on small lots. The 20,000 or 40,000 sq. ft. designations are DEC minimum regulations for well and septic systems. Commissioner McComsey asked about KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 5 small parks such as the one on Fourth Avenue. Answer, they don't have a commercial enterprise such as a concession stand attached to it and small parks are allowed as a secondary use in residential zones. Vice Chair Bryson noted that this new zone is basically a commercial venture and will have an impact on the neighbors. This gives an advanced notice on the impact potential. VOTE MAIN MOTION: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of October 25, 1989 Minutes were approved as submitted. 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation: 10' Utility Easement, Lot 2. Misty Haven S/D - HUD Planning Specialist Loper reported that the staff recommends approval as the lots are served by City utilities. You will notice that the building encroaches into the easement but not the setback. There is a preliminary plat on file that develops the remainder of the property as a cul-de-sac type subdivision, however, the plat was never filed. The utilities are set up that way. Commissioner Gravely informed the Commission that he had viewed the property and could find no problems. MOTION: Commissioner Glick moved to recommend approval of the proposed vacation, seconded by Commissioner McComsey. VOTE: Motion passed by Unanimous Consent b. Proposed Resolution to Assume Powers of Amendinq Land Use Plan This is the resolution discussed by Dick Troeger and is the enabling legislation that would allow the City to make appropriate amendments to the Land Use Plan portion of the Comprehensive Plan. The Borough has turned both the old and proposed Land Use Plan original mylar over to us. Right now if the Maguire rezoning application were approved, it will have to go on the Borough and they would hold a public hearing at the commission and Assembly level and then amend the map. If this ordinance were in place the procedure would stop with the Council. It will mean a little more cost in that we have no one on staff right now that can amend the mylar, however, the draftsman we contract with to do other maps can do ours at the same time. There are not that many rezonings right now or anticipated in the near future. KENAI PARKS AND RECREATION COMMISSION MINUTES November 22, 1989 - 7:00 P.M. Kenai City Hall Chairman Richard Hultberg 1. ROLL CALL: Dale Sandahl Mayor John Williams Jerry Carlson MarJ O'Reilly, Ad Hoc Richard Hultberg Director McGillivray Cliff Massie KCHS Representative Katie Murphy 2. APPROVAL OE AGENDA: Several items were added to the agenda. Under eA w bus`—iness: Item B. Banners, C. Budget D. Municipal Park and E. Recreation Zoning F. Update of 7-Year Plan and under Director's Report: Item D. Teen Center Activities and E. Employee Handbook. The amended was agenda was approved by unanimous consent. 3. APPROVAL OF MINUTES OF OCTOBER 17 1989: Under Old Business, item 6. it should reaU billMusson not gill Munson. The minutes were approved with one correction. 4. OLD BUSINESS: None 5. NEW BUSINESS: A. Meeting with Chairman Wisniewski-Beautification Committee: The Beautification Committee met yesterday and Commissioner Hultberg attended the meeting. He reported that the meeting went well and several areas of concern to the Commission were discussed. There was general agreement that a combined work session between Park and Recreation and the Beautification Committee should be scheduled to look at long- range plans for the City. This will be scheduled after the first of the year. Good idea! B. Banners: A decision on banners will need to be made by February so they can be ordered. Commissioners looked at a catalogue showing the different types being considered. C. Budget: A general discussion followed on how to get started on the Park and Recreation Budget for next year. Any suggestions/ideas that Commissioners have for parks improvement or to upgrade services should be talked about. The Commission will need to decide what items they want to be considered in the next budget. No action taken at this time. wT D. Municipal Park: Commissioners felt they would rather hold off on any major discussion on this topic until they can put together a work session with the Beautification Comm. Page Two Kenai Parks and Recreation Commission Minutes November 22, 1989 E. Recreation Zoning: Commissioners discussed Ordinance #1343-89 by the Planning and Zoning Commission that would create a recreation zone. A general discussion followed concerning the ordinance which allows for a recreation zone but also amends the sign ordianance. Commissioners agreed about the need for a recreation zone, but felt that the part of the ordinance talking about signs should be decided in a separate ordinance. Action taken: Dale Sandahl moved to recommend approval of the first part of Ordinance #1343-89 that deals with KMC 14.20.145 and would allow for creation of a Recreation Zone for the City, but would further move that the Commission not approve the second part of the ordinance that deals with signage in the city (KMC 14.20.220). Motion seconded by Cliff Massie. Motion carried. F. Update of 7-Year Plan: Commissioners tabled this until the next meeting 6. DIRECTOR'S REPORT: A. Elks Hoop Shoot: This is scheduled for December 16th. Notices are going out now and all the schools will be contacted. B. City League Basketball: This will start after the first of the year. C. Gym Use: Director McGillivray talked about the various groups currently using the gym. Several schools are using the gym on a daily basis. D. Teen Center Activities: Commissioners received copies of the Activity Calender for December. Kayo answered questions about the different activities planned. E. Employee Handbook: Kayo updated Commissioners about the Employee Handbook that the department heads are putting together. When it is finished, Kayo hopes to put a smaller version together for Park and Recreation employees specifically. 7. CORRESPONDENCE: A. Letter from Mayor Williams: Commissioners discussed the memorandum from Mayor Williams concerning the Beautification Committee. Page Three Kenai Parks November 22, and Recreation Commission Minutes 1989 B. Memo Concerning Proposed Boat Ramp/Jack LaShot Memo: Commissioners discussed the memo and the action taken by the Harbor Commission. Commissioners looked over the maps of the area and discussed the options presented by Mr. LaShot. Action taken: Commissioner Sandahl moved to recommend Option #2 as outlined in the memorandum from Mr. LaShot. Motion seconded by Commissioner Carlson. Motion carried. Commissioners also agreed with the Harbor Commission's recommendation that both ramps be built from the onset. Mayor Williams took a few minutes to let the Commission know about plans for the Bicentennial, and other long- range plans for the City. He answered questions from the Commission about what is happening in and around the City. A general discussion followed concerning the Comprehensive Plan for the city as it relates to tourism, congregate housing, and the proposed boat ramp. Chairman Hultberg thanked the Mayor for coming and sharing his ideas and suggestions for the long-range plans for the City. 8. ADJOURNMENT: Commissioners decided to not meet in December unless something important comes up. Director McGillivray will contact Commissioners if there is a need for a December meeting. Next meeting will be in January --exact date not determined. Cliff Massie moved to adjourn. Motion seconded by Dale Sandahl. Motion carried. Respectfully submitted, MqTPIruesdell, R Recording Secretary for the City of Kenai DATE: fX Roll Call 4 P I V e0nu TO DO LIST: st 6t, NOTE rl co —3 Suggested by: City Council City of Kenai AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $180,000 IN A NEW CAPITAL PROJECT FUND FOR THE PURCHASE OF LAND FOR A BOAT LAUNCH. WHEREAS, the Council of the City of Kenai desires to construct a new boat launch on the Kenai River for public use purposes, and WHEREAS, the City must purchase suitable land for the boat launch site, and WHEREAS, the City believes that Cone Tract A-1B, plus approximately 2.02 acres m/1 south of Tract A-1B, which together comprise approximately 13.636 acres m/1 are available for purchase. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $180,000 Increase Appropriations: Non -Departmental - Transfers Out $180,000 Boat Launch - 1990 Increase Estimated Revenues: Transfer from General Fund $180,000 Increase Appropriations: Land $180;000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: November 21, 1989 Second Reading: December 6, 1989 Effective Date: December 6, 1989 Approved by Finance: " (11/15/89) jal I C -3 % 9��1£1 Zti ti� CURRENT MARKET VALUE APPRAISAL OF CONS TRACT A-lB and a 2.02 ACRE TRACT LOCATED IMMEDIATELY TO THE SOUTH & BUT LOCATED IN KENAI, ALASKA DATED: November 29, 1989 PREPARED FOR: CITY OF KENAI 210 Fidalgo St. Kenai, Alaska 99611 PREPARED BY: JOHN CRISTIANO, APPRAISER FRYKHOLM & SCHAAFSMA APPRAISAL 189 S. BINKLEY ST., SUITE 102 SOLDOTNA, ALASKA 99669 PHONE: 907-262-5822 FILE NO. K89-170 FRYKHOT,M ter. crHA AVQ.M A APPRAISAL FRYKHOLM dc. SCHAAFSMA APPRAISAI " 189 South Binkely, Suite 101 Soldotna, Alaska 9W9 262-51W December 5, 1989 City of Kenai Attention:: Kim Howard, Administrative Assistant 210 Fidalgo St. Kenai, Alaska 99611 TM )WkVMWA)WM2G% SOM XUAM Re: Appraisal of Cone Tract A-1B and a 2.02 acre tract located immediately to the south and east Our File #K89-170 Dear Ms. Howard: As you requested, I have made an appraisal of the fee simple estate of the above referenced property. The purpose of this report is to convey to you my estimate of the current market value of this property for possible sales purposes. The following report contains the most pertinent data gathered, the applicable appraisal methods used, and the analysis of the data leading to the estimate of value. The certification on the following page is an integral part of both this letter and the appraisal report which follows. Based on the assumptions and limiting conditions as contained in this report, it is my opinion that the current market value of the subject property as of November 29, 1989, is: Thirty-eight Thousand Five Hundred Dollars ($38,500) If I can be of any further assistance to you regarding this appraisal, please feel free to call me. Respectfully submitted, CriT iser :dc & SCHAAFSMA APPRAISAL CERTIFICATION OF APPRAISAL The undersigned does hereby certify as follows: 1. 1 have inspected the subject property. 2. I have no present or contemplated future interest in the real estate which is the subject matter of this appraisal report. 3. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 4. To the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 5. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analysis, opinions, and conclusions contained in this report. 6. This appraisal report has been made in conformity with and is subject to the requirements of the American Institute of Real Estate Appraisers. 7. No one other than the undersigned prepared the analysis, conclusions, and opinions concerning real estate that are set forth in this appraisal report. 8. The real property which is the subject of this appraisal report, was valued as of November 29, 1989. File No..K89-170 , Appraiser GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. Reproduction of this report for distribution to other than associates of the client, financial institutions, or to attorneys on condemnation cases is prohibited without permission of the author. Distribution, for instance, to promote a sale of the property may be restricted to protect certain information of a confidential nature. 2. Disclosure of the contents of this report is further governed by the regulations of the American Institute of Real Estate Appraisers. Neither all, nor any part of the contents of this report shall be disseminated to the public though any public means of communication without prior written consent of the author. 3. This report bears an effective date of appraisal and is based on data known, or reasonably construed to have been available at that time, and events since that date may have changed the subject's value. 4. The property is appraised as if free and clear unless otherwise noted, with no responsibility assumed for title and legal matters. 5. All information supplied or found through available records and sources is assumed correct unless otherwise noted. If errors are found, the right is reserved to modify the conclusions. 6. The data an conclusions embodied in this appraisal area part of the whole valuation. Any part of this appraisal may or may not stand alone, is not to be used out of context, and constitutes only part of the evidence upon which a value judgment of the whole is based. 7. The appraisal does not imply the right to court testimony on the part of the appraiser without mutually satisfactory arrangements. S. Market value is defined as "The most probable price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus". 9. That no engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable, and no encroachment of real property improvements is assumed to exist. 10. That maps, plats and exhibits included herein are for illustration only, as an aid in visualizing matters discussed within the report. They should not be construed as surveys or relied upon for any other purpose. FRYKHOUM Ar. RWH A AFRIWI A APPR ATC 1 i 11. That no opinion is expressed as to the value of subsurface oil, gas or mineral rights and that the property is not subject to surface entry for J- the exploration or removal of such materials except if expressly stated. 12. That no detailed soil studies covering the subject property were available to the appraiser. Therefore, premise as to soil qualities employed in this report are not conclusive, but have been considered consistent with information available to the appraiser. 13. That, since earthquakes are common in the area, no responsibility is assumed due to their possible effect on individual properties. 14. In computing values, the figures have been rounded off to the nearest significant amount. 15. This appraisal is made in accordance with the standards of practice of the American Institute of Real Estate Appraisers. 16. In this appraisal assignment, the existence of potentially hazardous material and/or the existence of toxic waste, which may or may not be present on the property, was not observed by me; nor do I have any knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The existence of potentially hazardous waste material may have an affect on the value of the property. The client is urged to retain an expert in this field, if desired. FRYKHni M w yr n s& Fc%m A APPRAISAL NEIGHBORHOOD ANALYSIS Location Urban Suburban X Rural Built Up Over 75% X 25% to 75% Under 25% Growth Rate Rapid Steady X Slow Property Values Increasing X Stable Declining Demand/ply Shortage In Balance X Oversupply Marketing Time ---------------------------------------------------------------------- Under 3 Mos. 4-6 Mos. X Over 6 Mos. Present Land Use 20% 1 Family _% 2-4 Family Apts. Condo _% Recreational 65 % Vacant _% 10 % Industrial 5 _% % Commercial Change in Present Land Use X Not Likely i Likely(*) _ Taking Place Predominant Occupancy X Owner Tenant 0-5 % Vacant Single Family Price Range $ 20,000 to $150,000 Predominant Value $ 80,000 Single Family Age 4 years to 20 years Good Employment Stability Convenience to Employment Convenience to Shopping Convenience to schools Quality of Schools Recreational Facilities X Adequacy of Utilities Property Compatibility Protection from Detrimental Condition Police and Fire Protection General Appearance of Properties Appeal to Market Predominant Age 10 years Average Fair Poor X X X X X X X X X X X The subject neighborhood is located approximately 2 miles to the south and east of downtown Kenai, along Beaver Loop Road and north of the Kenai River. The neighborhood has developed with a mix of residential, recreational, commercial and industrial uses. The residential and recreational use consists of mobile homes, owner built and conventional single family homes in the mid to lower price ranges and seasonal recreational homes or cabins. Commercial and industrial uses include the Beaver Loop Funeral Home and several gravel pit operations. From the early to mid 1980s the neighborhood experienced steady growth, appreciation and development. From 1986 through 1988, values declined significantly, due to the recession in Alaska. However, in 1989 it appears that values have generally stabilized. Particularly for amenity properties. FRYKHOT.M Ar 9CHA AFS11A APPRAISAL SITE ANALYSIS The property being appraised consists of an 11.62 acre irregular shaped tract located approximately 150 feet south of Beaver Loop Road, and a contiguous 2.02 I acre tract located to the south and east of the larger parcel. Appraisal instructions are to value both as one 13.64 acre tract. The subject property lies approximately 150 feet south of Beaver Loop Road and has approximately 455 feet of Kenai River frontage along the southwest boundary. The property has a level to gently rolling topography. A majority of the site has poorly drained wetlands type soil conditions. USDA soils maps identify soils which extend north from the river towards Beaver Loop Road as tidal marsh and Clunie peat soils. The northernportion of the property, estimated at approximately 3.5 acres, is higher and appears to have better subsoil conditions which the USDA Soil Service identifies as nearly level Kalifonsky silt loam soils. This uplands area has a variable spruce/birch tree cover, some cleared areas, and there is fair road access from Beaver Loop Road along the eastern lot line. There is also a small drainage creek which runs along the eastern boundary of Tract A-lB. Utility line extension maps indicate there are electric, telephone, and gas utilities along Beaver Loop Road, but not to the subject property. The highest and best use of the subject property is limited by the poorly drained wetlands and tidal marsh area which cover a majority of the site. The development of this area would likely require a lengthy permitting process, with no guarantees for approval, to allow for filling of the wetlands and optimum utility of the river frontage. The site is located in an area within the city limits of Kenai which is zoned rural residential. The rural residential zone is intended to provide for low density residential development in outlying and rural areas. Principal permitted uses include 1 to 4 family residential use, parking, agricultural type uses, etc. See attached City of Kenai Zoning Ordinance for additional information. In consideration of the limiting physical characteristics of the site, the Kenai River frontage, zoning, and development trends in the neighborhood, the highest and best use of the property, as is, would be for residential use. There appears to be an adequate building site towards the north end of the property, with excess wetlands area 'extending to the Kenai River front. FRYKHOL31 & WMA AFCtiI A APPRAISAL PROPERTY VALUATION The method used to value the property is the Sales Comparison Approach which utilizes the principle of substitution. It affirms that the maximum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delay is encountered in making the substitution. The highest and best use principle is employed. A search was made, therefore, for sales of land that would serve as suitable alternatives to prospective purchasers of the subject property. Real estate brokers, property owners, the Borough assessor's office and the recorder's office were contacted as to sales activity. The following are sales of water front use lots with a building site and excess acreage of poorly drained wetlands type area. COMP. LEGAL SALES SALES NO. DESCRIPTION DATE PRICE SIZE #1 Lot 21, Block 4, 1-89 $27,000 4.29 acres BASIN VIEW SUBD. (Offer) #2 Lot 22, Block 4, 3-84 $35,000 4.55 acres BASIN VIEW SUBD. #3 G.L. 15, Sec. 7, 4-87 $24,000 6.00 acres T5N, R11W. #4 G.L. 3, Sec. 18, 10-81 $36,000 20.0 acres T5N, R11W. #5 Lot 11F, Port. of 5-85 $26,000 35.54 acres Peter Madsen Subd. COMPARABLE SALES COMMENTS: C-1 and C-2 are sales of residential lots which have a building site and excess wet and poorly drained ground fronting on Beaver Creek, which drains into the Kenai River. These lots are located approximately 1.5 miles to the north and east of the subject property and have a level to sloping topography, good tree cover, gravel road access, and public utilities including electricity, telephone and natural gas. C-1 is an offer which never closed. Other sales of similar type lots in Basin View Subdivision occurred in 1983 and 1984, in the $34,000 and $35,000 range. C-3 is a 1987 sale by the City of Kenai to a private individual of a 6 acre tract located approximately 4 miles to the west of the subject off of Cannery Road. This property fronts on the Cook Inlet and has approximately 5 acres of wet, poorly drained land and approximately 1 acre of good usable ground. The property was purchased by an adjacent property owner as excess acreage and had gravel road access and public utilities within 50 feet of the site. FRYKHOLVI &, SCHAAFSAIA APPRAISAL C-4 is an older 1981 sale of a 20 acre parcel, located approximately 4 miles to the west off Cannery Road. The 20 acres fronts on Cook Inlet and had approximately 19 acres of low wetlands area and approximately 1 acre of usable ground. The site has since been developed residentially. At the time of purchase, the site had limited access and no utilities. C-5 is a 1985 sale of a 35.54 acre tract of Kasilof River front property. All of the acreage appears to be of a tidal marsh type wetlands and poorly drained. The property was purchased by a fish processor for construction of a facility to unload fish from local boats. At the time of purchase, the property had no access or utilities. The property was purchased as wetlands without the appropriate permits for the subsequent development. The grantor indicates that it took over a year for the buyer to secure appropriate permits for the development. CONCLUSION OF VALUE: The five comparables presented include a 35.54 acre wetlands tract along the Kasilof River which was purchased for commercial fisheries related use, and four sales of residential use lots ranging in size from 4.29 acres to 20 acres. Each has a building site and excess acreage of poorly drained wetlands type ground, and either Beaver Creek or Cook Inlet frontage. The sales range in value from $732/acre for C-5 to $7692/acre for C-2. Presently, the highest and best use of the subject property is for residential use. In concluding a value for the subject property, most emphasis is placed on C-1 through C-4. C-1 and C-2 appear most similar overall. Based on my inspection of the subject property and analysis of the various comparables used, the value of the subject property is concluded as follows: Site of approx. 5+ acres with Kenai River front, adequate building site & poorly drained excess ground $32,000 Excess wetlands of approx. 8.64 acres x $750/acre $ 6,500 (R) Total Estimated Market Value: $38,500 (R) ADDENDA FRYKHOLM ter RCHAAFSMA APPRAISAL Beaver Loop Road looking west - subject to the left. (11-22-89/Jc) Looking southwest from ii Beaver LOOP Road, down CPJJS circ].e. ai-22-489I/JC) R A VQ & I V-1 Interior view of uplands. (11-22-89/JC) m Interior view of lowlands. (11-22-89/4C) Kebai River looking,,, northwest. Subjec to the right. (11-22-89/JC) FIRVKHMM A. cuss 4Aw.qmA APPRAISIAT FOR. W % NW % SEC. / /, T. 51V R. // W. S.11 . 49-44 cw%. T I - S�O' �'--------- - (DEAN ST.J !]mod ST S.E. i CONE SUB. N0. 3 (fC- /639i i CONE TRACTS A - /A B A-/B (K-77-173) - 1 A--sessor s Map i Kenai Peninsula Borough, Alaska VOTF— A•e.stnr's Block Numbers Shown in Ellioses / J N.0 • T RIVER .5US. T;1-C*T I SSE$ aver Loop Rood Id Sheet SE x W •/1 . ONSUSDIVIn.C.n Rod loop--- - pas ",f', 1.364 AM I - TRACT A-18 t' 33* 11.616 An. 4. •.r, . #/V. f.�41'i-•i' YI•"'i1 •. 1.... •. r•T. /':•11, ♦1•''' ' I(•I YI,' .�\•' i,.: �.., 11. i 1 j' 1./; •. �� `tie, 1,!, !�K {,��'e�,e ♦' {. , 1. • 'lei !,f1 ,. / , '��. •',1'1'�I.�.f'�'�''e•!•;'1..I.:i',�.e!.tae.,'{I',1;•,1•,.•, '�If{• 1 ,•..I. I:r •,1. .' 1/� e/ 1' 1', /,'//.��.� {.' i/' � /.�'•,'' C3 ',a•,1 ••, ''l ft .� .fie 'i� eli 1'•1 �. ,� � Y• ,'1,•1'' '+.f•; t, '. ,a'.1•t •'fit'+; .1 .� ��• ter?..•! .:�.t: '',�1:�; +.+.� ,�+• 1 1, ' �•01 ' 1 ', . +'t I.' 1. l' ". 4.1 e•' I.tl',t''' 1•,.•IV .�/ � •• Y t ' f' Y ti0 � s i tI �{, ' e �' I 1 1 , n — ' 2368.29 I s 6�•es az„E — 'seai.Toe' — vREIMAN 1. f�i • 1 • k (Joins sheet 7) Ln % 0.?6 ul Cr T. 5 N. T. 6 N. SOILS MAP 14.20.080-14.20.100 (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. W Accessory Uses: As defined (see Definitions). W Home Occupations: Uses as allowed by this chapter. M Development Requirements: As described in Development Requirements Table. W Paric.ing Requirements: As required by this chapter. (Ords. 925, 1009) 14.20.090 Suburban Resiftnttal Zones (RS, RS-1, R$-2 on Q: (a) Intent. The RS Zone is intended to provide for medium density residential developmenit in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit users which would: [il violate the residential character of the environment; (ii) generate residential areas. W Principal Permitted Table. heavy traffic in predominantly Uses: As allowed in Land Use W Conditional Uses: As allowed in Land Use Table and subjeot to thei provisions of this chapter. (4) Accessory Uses: As defined (see Definitions). (d) Home occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ords. 925, 1009) 14.20.100 Urban Residential Zone (RU Zone): (a) Intent. The RU Zone is intended to provide for apartments and compatible uses in areasnear centers of shopping, services, and employment where high density residential development is desirable. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ord. 925) 14-23 (City of Kenai Supp. #46 - 11/13/87) 14.20.050-14.20.080 (h) Exception to this Section - Outside Storage of Junk. Notwithstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible form a city or state road in any zone. However, the Commission may grant a conditional use permit under the procedure specified in this chapter allowing said use to continue for a specified period of time if: (1) An eight foot high sight -obscuring fence of good appearance has been provided around said use. (Ords. 925, 1155) 14.20.060 Zoning of Annexed Lands: All lands which may hereafter be annexed to the City is zoned Rural Residential until otherwise designated. (Ord. 925) 14.20.070 Conservation gone (C Zone): (a) Intent: The C- Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approach zones. It is intended that this zone shall apply mainly to publicly owned land. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definition section). (e) Hoene Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ord. 925) 14.20.080 Rural Residential Zones MR, RR-1 Zones): (a) Intent: The RR Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will: [i] Preserve the rural, open quality of the environment; [ii] Prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would: [i] Violate the residential character of the environment; (ii) Generate residential areas. heavy traffic in predominantly 14-22 (City of Kenai Supp. (#46 - 11/13/87) LAND USE TABLE EY: P = Principal Permitted Use C = Conditional Use S = Secondary Use OTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS USES C RR' RR-1 RS RS-1 S-2 RU CC CG IL IH RESIDENTIAL one Yamily Dwelling Two Family Dwelling Three -Four Family Duelling Five -Six Family Dwelling Seven+ Family Dwelling Townhouses° Mobile Homess Mobile Home Parks6 Planned Unit Residential Development? )MMERCIAL Automotive Sal.:s Automotive Service Stations Banks Businesses/Consumer Services Hotels/Motels Professional Offices Restaurants Retail/Wholesale Business Theaters/Commercial Recreation P P* P P P P S1 S1 S2 P P P P P P P P P S1 S C3 P P S1 S C3 Ca P S1 S1 C C C C C C C C P P P P P P P _ P p P P _ P P P P P Cu P P P P P P 14-66 (city 1gol,n%0/89) ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH )USTRIAL airports and Related Uses automotive Repair/Tire Recapping/Rebuilding ,as Manufacture/Storage lanufacturing/Fabricating/ Assembly/Storage warehouses 3bIC/INSTITUTIONAL :haritable Institutions 'hurches :linics '.olleges12 Elementary Schoolst2 ;overnmental Buildings12 nigh SChools12 Yospitals12 Libraries fuseums larks and Recreation ,ublic Facilitiesi2 'anitariums12 CELLANEOUS ,nimal Boarding13 �ed & Breakfasts :emeteries rematories P P P P C9 P P P P10 Pic P10 Plc C11 P C C C C C C C C C C C C C C C C C C C C C C" P P P S S S S S C C C C C C C C C C C P 14-67 (City of Kenai Supp. #50 - 3/10/89) ZONING DISTRICTS USES C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH 4ISCELLANEOUS (continued) Day Care CentersL2 Dormitories/Boarding Houses Essential Services Farming/Gardening/General Agriculture Greenhouses/Tree Nursery13 Large Assemblages'3 (e.g. Circuses, Fairs, etc.) Lodges/Fraternal Organizations Parking, Off -Street Parking, Public Lots' 2 Private Clubs Radio/TV Transmitters Social Halls Subsurface Extraction of Natural Resources'd Surface Extraction of Natural Resources' 7 Union Halls C C C C C C C _ P S' S P. P P P C P P P _P P P P P P _ P C C C C C C P P -- P P P P P P P P _P — P__ __-- C C C P_ __ C PY _ P P _P_ P _ C — P -__-- C C -C _ C ^ _C C C C C_ C C C _C_ C_ C C C C_ - P- C-_ P C - - - _ 14-68 (City of Kenai Supp. #46 - 11/13/87) j - — DEVELOPMENT RE QUIRE MENTS TABLE - PAGE 1 ZONING DISTRICTS USES RR RR-1 RS RS-1 RS-2 RU IL IH CC CG J MUM _LOT AREA (Sq. Ft.) 'ith public water and/or ewer.* JIMUM MULTI -FAMILY LOT MA (Sq. Ft.) our Family Dwelling 'ive Family Dwelling ;ix Family Dwelling ieven,Family Dwelling JIMUM LOT WIDTH 4IMUM YARD Front Side Sear (IMUM LOT COVERAGE JMUM HEIGHT 40,000 40,000 7,200 20,000 7,200 7,200 5,000 See Individual Sections for Requirements 20,000_ .20,000 N/A N/A 7,200 12,500 7,200 7,2fl0 5,000 40,000/ 20,000* 9,600 10,000 N/A 7,200 -- -- _N/A N/A N/A Subj. to Commission Approval -- -- N!A_ N/A 12,000 N/A N/A -- _ -- -- -- -- _ -- 90' 90, 60' 60' 60' 60' 60' __-_25' __ 15' 20' 30% 25' 15' 20� 30% _ 35' 25' _ 51 20'_ _ _ 30 35' 25' Si* 20' 25' 10, 25' 51 52 15' 20' 102 20' 30% 30% 35' 40% -- 35' 35' -- -- r structures with a daylight basement, the minimum side yard shall be ten (10) feet and for structures two or e full stories in height, the side yard shall be 15 feet. For the purposes of this table only, a "daylight ement" shall mean a structure where the ground floor is 30 or more inches below grade and a structure where the ,und floor is less than 30 inches below grade as set out above shall be considered a full story. :cept that for each story over two stories, each side and rear yard shall be increased three feet, but need not -eed 14 feet for each side yard and 19 feet for the rear yard. 14-71 (City of Kenai Supp. #46 - 11/13/87) QUALIFICATIONS OF APPRAISER - JOHN F. CRISTIANO PROFESSIONAL AFFILIATIONS: Candidate Member, American Institute of Real Estate Appraisers - #R86-0936 EDUCATION: University of New Hampshire, Bachelor of Science - Forest Resources 1979 Various Real Estate Sales Related Courses including: Pre -license, Listing & Sales, Financing, etc. American Institute of Real Estate Appraisers - Candidate #R860936, 5/86 APPRAISAL COURSES: Real Estate Appraisal Principles (Exam #lA-1/8-1) 8/85 Basis Valuation Procedures (Exam #lA-2) 8/85 Residential Valuation (Exam #8-2) 3/87 Standards of Professional Practice (Exam SPP) 10/87 APPRAISAL SEMINARS: Western Resources Institute - Uniform Energy Rating System, 11/85 AMBA/SREA/AIREA - 1 to 4 Family Appraisals for AHFC, FNMA, and FHA, 5/86 SREA - Uniform Residential Appraisal Report, 2/87 SREA - R41C And The Residential Appraiser, 3/87 HUD - Uniform. Residential Appraisal Report Industry Meeting - 4/87 FNMA - Anchorage Underwriting Seminar, 8/89 SREA - Physical & Environmental Concerns in Housing, 9/89 PROFESSIONAL REAL ESTATE EXPERIENCE: March 1984 - Present October 1981 to March 1984 TYPICAL CLIENTELE: Alaska Housing Finance Corp. Alaska State Bank Alaska USA Fed. Credit Union Alaska Valuation/Farmers Home Admin. City of Kenai City of Soldotna Continental Bank & Trust Fannie Mae Fed. Deposit Insurance Corp. (FDIC) First Alaskan Mortgage & Escrow First Federal Bank of Alaska First Interstate Bank of Alaska First National Bank of Anchorage Frontier Alaska State Credit Union - Frykholm & Schaafsma Appraisal Independent Fee Appraiser - ERA/Property World, Inc. Real Estate Sales FSLIC Goldome Realty Homequity Relocation Co. Key Bank of Alaska MGIC National Bank of Alaska Northland Mortgage Co. Ninilchik Native Association Phillips Petroleum Co. Record Data Relocation Travelers Relocation Texaco Union oil Company Various individuals & businesses FRYKHOLM & SCRAAFSMA APPRAISAL Suggested by: Administration RESOLUTION NO. 89-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MORTGAGE AND A JOINT POWERS AGREEMENT WITH THE KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU FOR THE CONSTRUCTION OF THE KENAI BICENTENNIAL VISITORS & CULTURAL CENTER. WHEREAS, the City of Kenai and the Kenai Bicentennial Visitors & Convention Bureau wish to provide a Bicentennial Visitors & Cultural Center for the City of Kenai, and WHEREAS, these organizations are co -applicants for a grant from the United States Economic Development Administration who has requested that the parties execute a joint powers agreement, and WHEREAS, the United States Economic Development Administration requires the City of Kenai to execute an Agreement and Mortgage on the proposed Kenai Visitors and Cultural Center in an amount equal to the amount of the grant received, and WHEREAS, the City of Kenai would be required to repay the mortgage amount if the City uses, transfers, or alienates the property in violation of the Grant Agreement or in violation of the regulation set forth in 13 CFR Part 314. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager of the City of Kenai is hereby authorized to execute the Joint Powers Agreement as described in Attachment A. The City Manager is also authorized to execute any subsequent amendments to this agreement to provide for adjustments to the project within the scope of services or tasks, based upon the needs of the project. The City Manager is authorized to sign and execute a mortgage covering the property to be known as the Kenai Bicentennial Visitors and Cultural Center in the amount of the grant received from the United States Economic Development Administration. A draft of the mortgage is attached hereto as Attachment B. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk The parties to this Agreement are the CITY OF RENAI, a municipal corporation, and the KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU, a non-profit corporation. This Agreement covers the ownership and operation of the proposed KENAI BICENTENNIAL VISITORS AND CULTURAL CENTER. The CITY OF RENAI shall have the financial and management responsibility for the construction of the facility. Once the facility is constructed, the RENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU shall maintain and manage the facility. Ownership of the facility shall be vested in the CITY OF RENAI. Should the KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU be unable to operate the facility for any reason, the CITY OF RENAI shall assume the management and maintenance of the facility. The parties to this Agreement understand that they are bound by the application forms and grant documents executed and accepted on their behalf and the applicable statutes and regulations. The parties to this Agreement agree to submit the following material with original signatures; a. A front page of the ED-101A Application. b. Assurances, pages 12-14 of the ED-101A. C. Exhibit IV-E-5, Civil Rights Status Report. d. Form ED-612, "Current and Projected Employee Data." e. Applicant's Certificate of Non -Relocation. f. Drug -Free Workplace Certificate. The CITY OF RENAI shall be solely responsible for bidding, award, and management of the construction contracts regarding the project. The CITY OF RENAI shall be responsible for filing the EDA project reports. The CITY OF KENAI is solely authorized to receive and distribute grant funds. The CITY OF KENAI shall be responsible for filing EDA financial reports. The CITY OF KENAI shall be the lead agency for applying and accepting EDA assistance. The CITY OF RENAI shall have authority to bind the KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU to: a. The requirements set forth in Public Works Application Forms, ED-101P and ED-101A, and all applicable exhibits to these b. The Grant (1) the (2) the forms. documents, which include: Grant Award; ED-508 Budget 1 - JOINT POWERS AGREEMENT accompanying the Grant Award; aA�1114 7l �9 " (3) the Special Conditions and Standard Terms and Conditions for Public Works and Development Facilities accompanying the Grant Award; (4) The EDA publication, Requirements for Approved Projects, Eighth Sdition, June, 1984, which is sent to grantees after ZDA receives an executed original Grant Award. C. The provisions of the United States statutes codified in the United States Code and EDA regulations codified in the code of Federal Regulations (CFR) and any Mgr 1. Agaigter announcements applicable to EDA Public Works projects. DATED: This day of December, 1989. CITY OF KENAI Wm. J. Brighton City Manager 2 - JOINT POWERS AGREEMENT KENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU Sue Carter Executive Director WHEREAS, the CITY OF RENAI (hereinafter called "MORTGAGOR"), has applied to and has received on the day of 19 , from the UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), a grant in the amount of DOLLARS ($ ), to be used for the purpose of a RENAI BICENTENNIAL VISITORS AND CONVENTION BUREAU on the real property described in Exhibit "A" attached hereto and made a part hereof (the Property); and, WHEREAS, the aforesaid grant from EDA, bearing EDA Grant Number provides the purposes for which the Grant Amount may be used and provides, inter alia, that MORTGAGOR will not sell, lease, mortgage, or otherwise use or alienate any right to, or interest in the Property, or use the Property for purposes other than and different from those purposes set forth in the Grant Agreement and the application made by MORTGAGOR therefor, such alienation being prohibited by 13 CFR Part 314, or by Office of Management and Budget Circulars A-102 or A-110, Attachment N (the OMB Circular); and, WHEREAS, EDA is not authorized to permit MORTGAGOR to transfer the project to any party which is not eligible to receive an EDA grant under the authority of the Public Works and Economic PAGE 1 - AGREEMENT AND MORTGAGE Development Act of 1968, as amended, 42 U.S.C. §3121 (1971), unless EDA is repaid its share of the fair market value of the project; and, WHEREAS, the value of EDA's right to repayment under the terms of the Circulars A-102 and A-110 Attachment N is difficult to establish; and, WHEREAS, at this time, MORTGAGOR and EDA desire to establish a value for EDA's share of the project in the event that the property is transferred. NOW THEREFORE, MORTGAGOR does hereby grant and convey unto EDA, it successors and assigns, a mortgage being granted to secure a debt in the Grant Amount that shall become due and payable by MORTGAGOR to EDA upon the use, transfer or alienation of the Property in violation of the Grant Agreement or in violation of the regulation set forth in 13 CFR Part 314, or applicable OMB Circulars, as such Grant Agreement, regulation or Circulars may be amended from time to time provided, however, that the lien and encumbrance of this Agreement and Mortgage shall terminate and be of no further force and effect years from the date hereof. The amount of the lien and encumbrance created by this Agreement shall be in the Gant Amount, or an amount determined pursuant to 13 CFR Part 314. MORTGAGOR does hereby acknowledge a debt in the Grant Amount that shall accrue and be due and payable upon any use, transfer, or alienation prohibited by the Grant Agreement, PAGE 2 - AGREEMENT AND MORTGAGE applicable OMB Circulars, or 13 CFR Part 314, and does, moreover, agree that such debt shall be extinguished only through the full payment thereof to the United States. MORTGAGOR shall record this Agreement and Mortgage in the District where the Property is located, thereby securing to EDA an estate in the Property. This Agreement may be enforced by the Secretary of Commerce of the United States of America, the Assistant Secretary for Economic Development, his/her designees, successors and assigns, by and through a foreclosure action brought either in a United States District Court, or in any State Court having jurisdiction, but such action shall not be deemed to be a waiver of the aforesaid debt or of any possible further or additional action to recover repayment thereof. WITNESS our hands this day of , 19_ CITY OF KENAI By: Wm. J. Brighton City Manager ACKNOWLEDGEMENT BY: (SEAL) Janet Ruotsala, City Clerk Witness PAGE 3 - AGREEMENT AND MORTGAGE D-z KE NA = A = RPO RT COMM = S S = ON November 9, 1989 - 7:00 P.M. City Hall t oumil Ouwd)ers Chairman Bob Summers Presiding 1. ROLL CALL Present: Summers, Garnett, Knopper, Toppa Absent: Ames, Dean, Shackleton Also Present: Councilman Measles, Manager Ernst, Secretary Loper 2. APPROVAL OF AGENDA MOTION: Commissioner Garnett moved to approve the agenda with the addition of Mr. & Mrs. Wackler under item 3-a, seconded by Commissioner Knopper VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Dana & Joe Wackler - Airport Gift Shop Mr. & Mrs. Wackler are the lessees of the Orca Gift Shop in the airport terminal. a. Dana Wackler: We would like to be able to do bookings for fishing and hunting trips. That is a service not being offered at the airport now, there are signs up for guides and some car rentals hand out brochures, but that does not give the person coming into the airport a place to go or a personal touch to set it up and give directions. If the Commission doesn't have a problem with that, we've been looking into it to see what is necessary on our part to be able to do that. Commissioner Garnett: What was the other thing. b. Dana Wackler: I was a little concerned with a circuit box that was put in the middle of the gift shop wall. We can get around it, the only thing that we're concerned with mainly, is that the controls that are in there, as far as people being able to gain access to it. You've got to understand that, as a shop owner I've got a lot of dollars worth of inventory in there and I don't want too many people in there that are not authorized to. We were looking over the circuit directory and found it controls the restaurant, janitorial, elevator, and the elevator pit. If the shop is closed and there's a power problem and somebody needs to get in there, is it going to cause a problem. Manager Ernst: Maybe I can ease your mind, there wouldn't be anybody in there without my authorization to start with. They would have to call me. I would be the first person to call if they had a problem. KENAI AIRPORT COMMISSION November 9, 1989 Page 2 Joe Wackler: I've worked in restaurants before and the question that I have is since the restaurant circuitry is there and should the power get overloaded and you're not there .. first of all I don't know how many times that would happen, but it may happen and if you were the gift shop owner, how would you feel about people being in there. What we're asking is, we can work around it, but of course we would like to protect our interest and it would be better if it weren't there. I can't imagine why anybody would put a circuit box in the middle of the back wall of the gift shop. I have no idea how much that would cost, and I think there are good reasons for moving it. Manager Ernst: I can look into whether it could be moved. I'm not sure why they have the restaurant circuits in there, it doesn't make any sense to me. It may not be big items, I can't believe there would be critical circuits in there. Dana Wackler: I brought the circuit directory in with me so you can look at it and see. Chairman Summers: I would like to make that an item for a presentation by Manager Ernst at the next meeting with your reca®endations. That will give you a chance to determine cost or possible solutions. Chairman Summers: Do you have any comments directed towards the guide bookings proposal? Manager Ernst: I talked to Dana about that and I told her that I didn't have a problem with it, but the intent was at some point in time, that little counter was supposed to be a booking type counter. I told her that until such time as that starts they can do that. Joe Wackler: We understand that and what we are saying is that nobody is offering that service now and we are capable and would like to offer that service. In the future if you want that separated, then we would be interested in bidding on it or whatever. Chairman Summers: I don't believe the agreement these folks have with the City prohibits that does it. Manager Ernst answered that the agreement was pretty wide open. Commissioner Garnett: These leases don't specify a specific business with restrictions that no competitive business in the terminal be allowed because I see competitive businesses in there all the time. Manager Ernst: There are certain things that are restricted. Joe Wackler: When the restaurant is open we don't intend to serve hot sandwiches, of course. Commissioner Garnett: There's nothing in the City leases that I recall that says they can't engage in any business as long as its legal. I don't see that there's any problem. I would say let them go ahead. Manager Ernst: If it's incorporated with their store it wouldn't be, but if it moved outside of it or if someone else wanted to do it then it would go into a bid situation. It would be a new part of the terminal. MOTION: Commissioner Garnett moved that we recommend letting them book hunting and fishing trips as long as #1 it is not in conflict with their lease, and #2 in conflict with procedure set up for businesses in the airport, seconded by Commissioner Toppa KENAI AIRPORT COMMISSION November 9, 1989 Page 3 VOTE: Chairman Summers: It was not specifically stated in the motion but I'm assuming that we're saying that it would be restricted within their leased part of the facility. Manager Ernst answered yes. Joe Wackler: I've talked to the Fish & Game people, I am personally a river guide myself. I knew we'd have no problem booking fishing trips, I was more concerned with hunting because of the rules and regulations, however, a person in Juneau who indicated that a booking agent is no problem but does require a special use permit. I assure you that we will have the proper licenses in place. We think it will increase traffic. Commissioner Knopper: At some time in the future if we want to put this out to bid is make a specific addendum to their lease for this. Councilman Measles: I don't think you want to modify the lease, what you want to do is a temporary measure, then simply a letter from the City will do. Commissioner Toppa: Nothing restricts doing that in the lease anyway. Even if someone came in at a future date we could bid that as a separate business, what's wrong with competition. Dana Wackler: If its good enough you'll probably find that there's interest and there's room for more than one. Commissioner Toppa: These folks are the first ones that have started to open a business there in good faith with the City. They bid, they've got they're equipment, they're ready to go. I commend you for it. We're hoping to get more. Joe Wackler: The Kenai airport doesn't have a history of business doing well there. Chairman Summers: Do you think this should be a temporary thing that the Commission recommends to the City Council for a specified period of time. Manager Ernst: If you direct Administration to approve it I don't know that you would have to go to Council. I think its within my authority to say its okay. And I have no problem with it. I can see the fishing guide service all in a row not unlike the car rental agencies. It could work out that way at some point in time. Chairman Summers: Probably what we need to do is incorporate in this motion that we are directing Administration to allow them to book hunting and fishing services through their business. The Commission agreed that a change in motion was not necessary. Motion passed unanimously c. Dana Wackler asked when the bar and restaurant would open. Manager Ernst: The projected dates are solid according to the lease, the take possession December 1st. Their opening for the bar is December 1st and May 1st on the restaurant. They may open sooner and Council has requested that they do so, however, that is unknown. Chairman Summers asked about the publicity for the airport. Commissioner Toppa answered that we still don't have the budget figured out. Dana Wackler: I think the bar is going to be the big thing. Just in the last few days since I've been working several people have tried to get through the construction blockade to go up and look at the bar. As far KENAI AIRPORT COMMISSION November 9, 1989 Page 4 as holding the grand opening until after the restaurant is open is kind of hindering. Commissioner Garnett: The airport is probably going to be busy during the middle part of December with holiday travel. d. Dana Wackler: I was looking at how the terminal and baggage claim area are laid out and then there's this big hallway that is going to be empty for quite a while. There are animals that are in glass cases that block the view from the passenger area to the gift shop and they'd look really nice in that hallway and people would want to wander over to look at the animals. Manager Ernst: We could certainly move some items in there but by the same token, some of those cages are high enough that they will block the window and you could hardly put them in the middle. I will look at it though. Dana Wackler: The wolverine that's in the middle is short. Chairman Summers: I would recommend that Randy get together with these folks and work out something with the animals. 4. APPROVAL OF MINUTES OF September 28, 1989 (No quorum October 12, 1989) MOTION: Commissioner Knopper moved approval of the minutes, seconded by Commissioner Garnett VOTE: Motion passed unanimously 5. OLD BUSINESS a. Resort from Budget Committee - Josh Knopper Commissioner Knopper noted the report from Manager Ernst. There is $5,000, $1,200 will be used for the trainer, leaving $3,800. In advertising there is $7,676 after the photos. b. Report on Industrial Display - Randy Ernst Manager Ernst reported that Treat would rework the figures and get it down to within the $5,000 range. I gave the display model dimensions to Mr. Green and he hasn't gotten back with figures. I would also like to get it out to at least one more person. Chairman Summers: It would probably be appropriate to get at least a couple people to submit. Commissioner Knopper asked if 4-D had the capability. Commissioner Garnett answered probably no. Manager Ernst felt that a contractor would be a more appropriate way to go since it uses so much glass. This discussion will return at the next meeting. Commissioner Toppa asked for the dimensions, 12' long x 8' wide x 8' high. KENAI AIRPORT COMMISSION November 9, 1989 Page 5 C. Report on Traininq Seminar - Randv Ernst Chairman Summers passed out a letter from Mayor Williams, written by Mr. Bill Hansel, ICMA Executive Director concerning training. The training program is called ActionPac. It was passed along to Manager Ernst. d. Report from Commissioner Garnett Commissioner Garnett reported that the Borough representative was not able to make the meeting, therefore there was not much to discuss. The Plan is in the early stage and will be ongoing. The suggestion was to determine what we want to do and what plans we want to make. Do we want to make it a cargo airport, commuter airport, whatever, then make some recommendations. They suggest that we get together to do this along with Economic Development and submit it to the Planning Commission, then we would have something cohesive. We have the long range report of course, but nothing that says what we want to make the airport. That will be the first issue to be decided by the Commission. We should get started. Sections of the Plan that were passed out were drafted by the Airport Manager. Chairman Summers felt it might be useful to schedule a work session. Chain Summers asked Commissioner Garnett to work with Manager Ernst to put something together an goals or plans and present it at the next meeting, December 14th. Cammissioner Garnett suggested some kind of contact with the Economic Development Cammtission and will report at the next meeting. 6. NEW BUSINESS a. Set New Date for Terminal Open House Commissioner Toppa suggested December 15th. The Commission discussed opening dates for the lessees of the terminal facilities and agreed that would be a good date. MOTION: Commissioner Garnett moved to hold the open house on December 15, 1989, seconded by Commissioner Toppa VOTE: Motion passed unanimously Commissioner Toppa will hold a meeting for those Commissioners participating next week. Lease holders will be invited. To be invited for the open house are the builder and architect, Mayors, Councils, Assembly, Regional Director of FAA, and all commissioners. Chairman Summers instructed Administration have these letters of invitations sent no later than December 1st. The Commission discussed the estimated budget and submittal to Council for approval. Chairman Suers directed Commissioner Toppa to submit the budget to Council. Janet can put it together and draft a cover memo for my signature. KENAI AIRPORT COMMISSION November 9, 1989 Page 6 b. Five Year Plan for Highest & Best Use of Airport Taken care of previously. c.Report _from Airport Manager on Runway Overlay Proiect Completion Manager Ernst submitted a written report which is attached to the minutes. Manager Ernst discussed the report in detail with the Commission. One item for discussion was the drainage study. Commissioner Garnett asked if this was a high priority, Manager Ernst answered that it is so that it doesn't conflict with other projects. The study will tell us how to deal with drainage with projects such as lengthening the runway. d. Report on Current Fueling System with Recommendations There is one FBO on the airport currently. There is a pit system in front of the terminal which has been inactive from 2 to 3 years. To reactivate it would take quite a bit of money with the new regulations, they are two 10,000 gallon tanks. If you want to do something different, you would need to look at how it would affect the current FBO. The Commission discussed the tanks further. Commissioner Garnett: The more I'm running across leases, the more I'm finding that environmental issues are becoming more important. Frankly, I think we are remiss in not requesting administration ensure that leases of airport lands contain some verbiage for environmental protection. Anytime it costs you $80,000 just to test it becomes an expensive issue. Chairman Summers asked Manager Ernst to report at the next meting. e. Proposal from Keen'Eye Video Productions Manager Ernst reported that Red Goodwin brought this to him. He has a proposal not unlike to polar kiosk. If you recommend to Council that this is a good idea, he would like to put it in the airport. There is one in the Central Peninsula Mall. They would rent the space from us and generate their own advertising. Mr. Goodwin will be on the next agenda for a presentation. This would probably blend well in the display area as long as it is not loud and over ride the plane announcements. 7. AIRPORT MANAGER'S REPORT a. Manager Ernst will be on vacation from December 15th through January 8th. b. Chairman Summers introduced an article in the Alaska Flyer written by Mrs. Davis thanking an FAA official for a job "over and above" performed in assisting her husband who was disabled across the inlet. The article recounted how an FAA official, Mr. Toppas' superior felt that he might be disciplined for his actions. Chairman Summers: I feel it is important to pat the FAA on the back from time to time and let them know we appreciate the services that are being provided for people that are utilizing that airport. I feel strongly enough about it that I am going KENAI AIRPORT COMMISSION November 9, 1989 Page 7 to write a letter to the FAA commending Mr. Toppa and encourage the FAA to continue and promote this type of service. The more we can do and the more we can encourage the FAA to cooperate and build up a good public image with our airport and whether that information gets out, I think there is going to be some kind of relationship between that and our relationship with the airport. Commissioner Garnett: As far as I'm concerned there has been a considerable change in attitude in the FAA in this area in the last few years and like Mr. Toppa helping some people on the other side, I had an opportunity to have a mechanical problem on landing not too long ago and the controller who had just gotten off at the time, came out and I was having a real problem with that airplane, took me all the way over to the parking area. I have sent a letter to the tower chief on that. Chairman Summers: I think the best way to encourage a good working relationship is to approach it with a pat on the back and when they do something bad, let them know that too. In this case something positive was done, it was beneficial to users of the airport and we need to say so. The Commission agreed unanimously and will be included. 8. COMMISSION COMMENTS & QUESTIONS a. Manager Ernst reported that there was an incident on the airport that turned out remarkably well. It was reported in The Peninsula Clarion. b. Manager Ernst reported a request from Lillian Duckholtz who has a ski plane and for some reason only uses it in the ski configuration. She wants to use the float plane facility but doesn't want to pay the full cost. We don't have any provisions for just the ski type operation. She stated that she would be willing to pay half the amount. Manager Ernst would have no problem with that so with Commission consent he will proceed. Manager Ernst will find out what exactly half the full amount would come to. At some point in time we might want to look at the costs we've set up. It might be premature, we have 15 planes in long term parking, however, no one is beating down the door for the float plane slips. MOTION: Commissioner Toppa moved to charge half of the full price for Mrs. Duckholtz and look into the issue further, seconded by Commissioner Knopper. VOTE: Motion passed by unanimous consent 9. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be Thursday, December 14th. Janet A. Loper Secretary to the Commission KENA T BEAU T T F T CAT TON COMM T TTEE November 21, 1989 - 1:30 P.M. . Kenai City Hell Council Chambers Chairman Tim Wisniewiski 1. ROLL CALL Present: McComsey, Selby, Sheldon, Sparks Also Present: Director McGillivray, Councilwoman Monfor, P&Z Chairman Bryson, P&R Chairman Hultberg, Mayor Williams As both the Chair and Vice Chair were not in attendance, the Committee elected Mrs. Sparks as Chairman Pro Tempore Absent: Wisniewski, Hakkinen, Jackson 2. PERSONS PRESENT SCHEDULED TO BE HEARD a. Councilman Measles, Councilwoman Monfor, Chairman Phil Bryson �.,a.. (Planning & Zoning Commission), Chairman Richard Hultberg (Parks & Recreation Commission), Mayor Williams Councilwoman Monfor: I read your letter from the Mayor and what I perceive is that somewhere along the way there is a real lack of communication. All the things that have gone on at the meetings are not getting back to Council, only short reports are being given, and that's part of the problem. Another part of the problem is that, this Committee is an arm of the Parks & Rec Commission so when it comes to money, I know that Beautification has a budget, but when it comes to money, the request comes directly to Council. Does it go through you first? (Indicating Director McGillivray). When it started it came through Parks & Rec and then when Mrs. Bailie became Council representative, a lot went directly from this Committee to Council. I think that's when it started and I think probably that's why it's continued to be that way. Councilwoman Monfor: And I think that's a part of the problem because Mrs. Bailie would come back with a much more detailed report than we've been getting. Personally, I don't have a problem with anything and the complaints that supposedly have come up I've never heard from anybody. With items like the banners that are pretty costly, those need to be discussed around budget time so we can put them into the budget. I really push banners, but I have a problem spending money that hasn't already been allocated to back into the General Fund because I think the Council has a tendency to do that too much and if you look at the end of our fiscal year and look at our original budgeted amount was for and then look at how much was taken out of the General Fund it becomes pretty scary because you lose control. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 2 The Mayor has gone so far as to say the money is there, but it's more of a procedural thing. Our budget usually starts around April or May and then runs until July. And I know it can be difficult following that order, but it works. This is only how I perceive it and that is from being on Council for 7 years. Committees and Commissions are brought by the Mayor and are appointed by the concurrence of the Council. Commissions have more clout than a committee does. The committees are usually an arm of a commission. I don't know how you work with Parks & Rec, if you have work sessions with them periodically or what. Chairman Pro Tempore Sparks stated that the group had never had a work session with Parks & Rec. Committee Member Sheldon that at the beginning the two groups did. Chairman Pro Tempore Sparks: A lot of times we don't have representation from Parks & Rec if Director McGillivray can't make it and we don't know if we have a representative from our group to go to Parks & Rec. We assumed it would be Director McGillivray. So we've been floating around on our own. Councilwoman Monfor: And that may be something you need to work out. It's difficult for Parks & Rec to come during the day. Director McGillivray: I know one time Parks & Rec asked for a representative from this committee to attend Parks & Rec Commission meetings and Tim indicated that he would and then he indicated that he couldn't. I know of one time that Parks & Rec did ask a representative from this group and they especially wanted it when something was being discussed that pertained to this group. Items like banners pretty much lies within this group and Parks & Rec accepted that fact. Where the rub came in when this group started making recommendations on changes in parks and doing things in areas that they thought weren't necessarily of a beautification nature. Councilwoman Monfor: The two recommendations that I would make is first of all you need someone from this group attend a Parks & Rec meeting at least once a month. And that doesn't mean it has to be the same person every month. That you have a work session with Parks & Rec and you tell them what you've been doing and what your goals are so that they match with Parks & Rec. Then Parks & Rec and Planning & Zoning, and you all sit down together. You are in similar areas. Planning & Zoning has been working on a recreational zone plus Municipal Park should be something you all should be working on and there are problems with since we don't know if we own the property. There has been some discussion about how to develop Municipal Park now that there are some RV parks in town and I'm sure Director McGillivray has some ideas. Chairman Pro Tempore: I spoke to a person the other day about that if he thought it was competition and he answered no, that most of the people that camp in there he wouldn't want in his campgrounds. The kind of riff-raff in the Municipal Park he doesn't want. Director McGillivray: We've had some people like that in all the parks. Councilwoman Monfor: I'll say up front that some of the Council have been there for quite a while and we certainly aren't dissolving the Beautification Committee at all because if it weren't for you people the City wouldn't look as good as it does. Even though we tend to discuss KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 3 streets and sewers more, and while they are important, but the first impression you get of any city is what it looks like when you approach it and the City of Kenai can't be beat. Chairman Pro Tempore: Looking at it this way, beautification is the only thing that Soldotna has followed Kenai in specifically. All the way. Councilwoman Monfor: Every one of us sitting up there have made a commitment to continue the beautification effort, not necessarily to expand it so that we can't maintain it, but to continue it so it doesn't go downhill. I sit on the Bicentennial Bureau too and its really important that for this year and the next year that the plans that are formulated, the City seems to be supportive that beautification has to be part of that. Whatever happens in this next year will be long term. Everything right now lies on whether we get the building. The grant has been through three stages and we are at the last stage. It will make a difference on what we do with the rest of the area. Director McGillivray: You mentioned budget, this posses a problem in that, as the director I'm told that we want no additions and this is what I come back to the Committee and Commission with. Councilwoman Monfor: As a Council person I realize that because I know how the City Manager is, he tells everybody the same thing, don't ask for another dime. I don't have a problem ever putting something like this into the budget. Committee Member McComsey: We were told this year that the budget was not to change. Councilwoman Monfor: And that's true, that comes from the City Manager and he is the manager but the Council is the final decision and if the Council wants to put it in there, they can do that. Committee Member Sheldon: Well, that's right, and then we're told to go ahead because there's plenty of money for whatever we want. Chairman Pro Tempore Sparks: I think we need to go back and reorganize a little bit. I think we've gotten a little bit too straggly. I think this is good because big issues we dealt with Director McGillivray on and mostly because he's the mediator between the two and he could keep us in toe so we need to go back and if we have a money issue we can make sure he's here. Councilwoman Monfor: And you can tell the Council in advance that this will be coming to you in the future after discussions with the Parks & Rec. Even though department heads have told you not to put something in the budget, that's not realistic. We realize that there are needs and wants out there. To me, banners are a very important part of the Bicentennial and I've always felt that we need more than just going down the Spur Highway. It doesn't look finished. Committee Member Sheldon: Then the proper procedure is that we go through Director McGillivray to the Parks & Rec Commission. Councilwoman Monfor: You should. Chairman Pro Tempore Sparks: We have a problem with that. I've been scheduled to go before Council and it hasn't gone before Parks & Rec because their meeting is tomorrow. Councilwoman Monfor: Yes, you're on the agenda and don't ask for the money yet. Most of those people up there don't know. They only know from reading the minutes and the banners won't come as a shock because we've talked about them before. This way they will know the costs. It's not your fault the meetings got changed around. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 4 Director McGillivray: There's always a possibility and it has happened that Council has referred something back to Parks & Rec before making a decision. Chairman Pro Tempore Sparks: We've always stayed within our budget, I guess that's why we felt we didn't need to go to Parks & Rec. Mrs. Bailie: Beautification is a separate budget. Director McGillivray: Well, they're separate, but they all come under Parks & Rec. Mrs. Bailie: But beautification made out their own budget and you didn't have to worry about that. The Mayor's letter, I felt he gave the inference that this group needed to have Parrs & Rec look at everything you did. And I don't think Parks & Rec really wants to be that involved in beautification. Director McGillivray: I don't think that really entered into everything because the minutes of Beautification go to Parks & Rec every time they have a meeting. Perhaps its just a matter of context or if something new came up to have someone there to explain. As far as budgets, they still come under Parks & Rec. All three are under Parks & Rec. Councilwoman Monfor: Does Beautification have goals and objectives. Answer yes. They had not been updated for a year or two. Councilwoman Monfor: And has Park & Rec seen these? Answer yes. Committee Member Sheldon: We have mentioned Municipal Park and Lawton Strip many times over the last two years. Councilwoman Monfor: I don't see the big problem with Lawton Strip. Committee Member McComsey: At first people were calling and asking what the City was doing over there and Bill Mussen said that after it was done the residents liked it. Director McGillivray: The big concern of the people over there is that it was going to go all the way through which would open the area and they wanted to retain the buffer for noise. Councilwoman Monfor: I guess once it was explained in the press that that was all that was going to be done they were happy. Committee Member Sheldon: We are leaving it as it is now, is that correct. Mrs. Bailie: You spoke about liaison going between this group and Parks & Rec. That may not always be possible because you obviously have reasons for holding your meetings during the day and Parks & Rec have their meeting during the evening since they work during the day. The logical solution to this would be having Director McGillivray or Bill Mussen attend both meetings. It makes a lot more sense when you have a member of administration attend these meetings because if you get off track they can bring you back, plus it makes it easier to explain whatever your project is. I can remember my very last decision as a member of Parks & Rec. We decided to go with wood siding on the gym instead of aluminum and Council had a fit. They thought we were cutting corners and playing favorites, all kinds of things. That is why someone who can go to both is ideal. Committee Member McComsey: What exactly is Councilwoman Swarner supposed to do. It appears that she doesn't take our part back to Council. Chairman Hultberg: I think the way Mrs. Bailie explained it is right, the liaison from Council has acted as just that. When it has been brought up from the minutes they relay to the Council exactly what has happened. I know when Art was with us and on Council, he would interpret to the rest of the Council members what we want and I would assume that would be Linda's roll also. Councilwoman Monfor: And if they feel real strongly about a project you are doing they can lobby the other Council members to KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 5 support that project. As a Council person for the Library Commission, I go back and tell Council what is happening from their standpoint. They have to know they are not the only entity within the City of Kenai. It is an overall picture. As Mr. Hultberg says, when it comes time for the commission or committee report, you can sit there and say the minutes are in the packet and by the way if you look at item so and so you can relay what it was about. I always read the minutes, but you want to know what really happened. Director McGillivray: I think someone from this group attending a Parks & Rec meeting or vise versa is good because if there is a project that the Committee is strong for, it would be to their advantage to be at a Parks & Rec Commission meeting to sell that project. And then they in turn can make recommendations to Council. Chairman Hultberg: If it's a big project, Mrs. Sparks can get a hold of me or Director McGillivray and we'll get together. Councilwoman Monfor: I feel bad because you people are volunteers and you're giving of your time because you like the town you live in and want to make it better. Committee Member Sheldon: Personally, I like direction and a project. I like Mayor Williams' letter. We are to work on a sign and we spend our energies on a sign, we were given that assignment and we know specifically what to do. If we go through Parks & Rec with goals and objectives and they tell us these are things we'd like you to do, that would be great. Then we don't waste time like we did a couple years ago when we first started a sign project. Director McGillivray: I just want the group to know that the Mayor doesn't always get his projects through either. Director McGillivray: I think what got the discussion going was the motion to request Mr. Kluge do a design for the Municipal Park. Mrs. Bailie: I agree. This summer we all took a tour over to Soldotna to visit a park that had been designed by Mr. Kluge and were impressed. Bill Mussen was with us and we discussed how to go about this. He informed us that the City wasn't charging for Municipal Park camping primarily because the facilities aren't up to snuff. If you're not even charging, with the Bicentennial coming up, and with other RV and camping facilities within the community, why not close it to camping so the people of Kenai can get in and enjoy that park along with visitors. We heard that Soldotna, with the assistance of Mr. Kluge had done their park with a grant and the City came up with $50,000 to $100,000. It is a real credit to Soldotna. We mentioned it to Linda and asked her about finding out about that property. Committee Member McComsey: We asked her first what Council was doing regarding the land. Mrs. Bailie: Linda's comment was for you to go and talk to them, I already mentioned it to Council and they won't listen to me. Chairman Hultberg: I wish someone from Beautification had come before Parks & Rec and told us about this Soldotna park. Mrs. Bailie: This is the case, I think in a situation like this Bill should be communicating with Kayo, which we assumed. Committee Member McComsey: Somebody needs to communicate with somebody. Mrs. Bailie: This is where administration has a responsibility to any group that is formed for the City. We are all volunteers and don't have the expertise and shouldn't be taking it upon KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 6 ourselves. Director McGillivray: I was aware of the trip over and everyone liked the idea of that park, but I wasn't aware that this group wanted to start thinking in terms of designing a park of that type. Mrs. Bailie: We talked with Bill about it that day. He was the one that gave us all the information. Chairman Hultberg: Did it come before the group in the form of minutes and everything or was it informal. Mrs. Bailies The trip was informal but it has been discussed at a couple of meetings. Chairman Hultberg: Going back farther than that, I can remember when Jerry Hanson wanted something done with Lawton and he had a petition he brought before Parks & Rec with 50 to 60 names on it requesting a park or something done with that area. We looked at figures, rights -of -way, and money at that time and it was the feeling of the Commission that the philosophy is that are we going to have a lot of little parks around and try to maintain them. You know we keep having more parks and can't hire new people to take care of them, sooner or later we're in trouble. Committee Member Sheldon: I think we were told that, so then we went back to the Municipal Park because it was ideal with the view and the swings. Chairman Hultberg: I think its a good idea and I think we need to work together. Mrs. Bailie: You speak of smaller parks, Soldotna and Anchorage have taken on the neighborhood park situation by letting the adjacent property owners take care of them. Living over in that area I see so much. One Sunday I counted 18 cars with kids sledding and having fun, its nothing to see tourists down there watching the fleet coming in. It has so much potential. Right now people are afraid of it. We've had things stolen from our house. Chairman Hultberg: I agree. It's not uncommon during the summer time to hear chain saws going. It can be a great spot and we should look at developing something. Committee Member McComsey: Is this City land now? Answer no. Director McGillivray: You know this thing has been ongoing since 1979 when I came. Up until the last year or two there has never been any other camping facilities in the City. Council took the stand that there would be camping there. As far as charging, we never did because there were no facilities and trying to control to entrances it would be difficult. Now with the camping areas possibly this is the time to look at it. Chairman Pro Tempore Sparks: I was able to get the blueprints from Mr. Kluge of the park in Soldotna but I didn't bring them with me, however, a rough estimate is $200,000. The Committee discussed whether that was for everything or just the plan. Mrs. Bailie felt it was for everything because the Soldotna park was $120,000 for over 2 acres. Kenai has 13 acres. Mayor Williams: There is one thing you should be aware of, over a year ago I asked Mr. Bryson to do a preliminary design on a recovery program for the lower portion of Municipal Park including a salmon stream dam and walkway, some ski trails over the bluff, etc. I was going to combine Land & Water Resource grant money with JTPA funds and use the Summer Youth Employment people to help build trails. However, that is a long term thing and will require permits. I wasn't looking at anything at the top, only the bluff and stream areas. Perhaps you want to look further into this. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 7 Director McGillivray: When I first came we talked about putting that dam back in because it had washed out and in talking with the federal people they told me it was illegal and shouldn't have been there in the first place. Mrs. Bailie: We are targeting the bicentennial and probably it will be the biggest celebration in our lifetime. If anything could be done, it should be done this next summer because of the vegetation growth. Committee Member McComsey: Could we start at the top of the bluff and work with Parks & Rec in order to get something rolling? Answer, we'll set a work session. Mayor Williams: It appears that the biggest concern is the budget. The City will be spending some of the general fund next year for specific projects for the bicentennial so we need to get a handle on how much we need to spend. Committee Member Sheldon: Are there monies set aside for items to make the visitor more comfortable such as outdoor bathrooms, payphones, and extra facilities. Mayor Williams: We expect to appropriate a couple hundred thousand for a 50/50 matching grant for the boating facility. This is a part of an over all plan. We've got the boat ramp, motor home parks, perhaps the visitors center, the viewing area, and the senior center. We need the visitors center because if it goes, Mr. D's will expand. We're planning a viewing area on the bluff near the Senior Center with a gazebo and picnic tables. That should be about $1 million. If things were such that we could get into an urban renewal project in Old Towne, I would prefer that we do a condemnation, clean up Old Towne, and take over some property for for clean up. Director McGillivray: Some of the discussion here has been communications between groups and you mentioned some things just now that neither group has ever heard of. Is there a chance of getting that information to these groups. I think some of the things you mentioned, because we are going to be involved from the maintenance standpoint if nothing else, we need to know. Mayor Williams: Most of this is just ideas and a considerable distance off with even the best of permitting procedures. 3. APPROVAL OF AGENDA Agenda approved as submitted. 4. APPROVAL OF THE MINUTES OF October 24, 1989 Minutes were approved as submitted. 5. OLD BUSINESS a. Presentation by Gerry Sparks - New Banners Mrs. Sparks reported on a meeting with the banner committee. The recommendation is to go with triangle shaped banners, smaller than the present banners, and all one design to get away from the cluttered effect. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 8 The designs are mostly red, white, and blue and very bicentennial or all- American looking. For Willow Street with a banner on every pole, we need 34 banners on 17 poles or $65/pole or $1,105 total including hardware, a triangle shape, and are from American Decorating Company. For the Spur Highway - Kalamazoo Banner Works: from Airport Way to Forest Drive has 56 poles. At $43 per banner and two banners per pole, are rectangular in shape and total $4,816. For Airport Way - American Decorating Company, a different shape with a point on one side, a single banner per pole with 12 poles at $65 each or $780. The existing banners would go into Old Towne with the flowers being used as a double banner. The church banner could be hung close by the Russian Orthodox Church. The brackets now in use would need to be transferred to Old Towne. The total cost of the banners is approximately $7,000. For the Airport Triangle Park: At the inside point of the triangle, we suggest putting up three flag poles for three different flags, the national, state, and city flag. Since we have a logo we could get a flag done with the logo. One of these banner companies specializes in flags. The total for the three flags comes to $3,200 including the poles. These flags are plainly visible from the airport and Airport Way plus from Willow Street. Mayor Williams: I'm wondering if it wouldn't be better to appropriate that money as part of the Bicentennial package and let them handle the purchase of the banners and let them prevail upon the service clubs. I don't know how the mechanics of the two groups would work but its not so much the cost of the banners but the cost of putting them up and taking them down. Director McGillivray mentioned that the cost of that alone is roughly $1,000 not including any repairs while they are up. Mrs. Bailie mentioned earlier efforts to obtain a used bucket truck. Committee Member McComsey answered that she had looked into one and it was $42,000. It certainly could be used. The number of banners we're looking at is 158 on 85 poles. That would certainly raise the $1,000 figure. The Committee discussed requesting the money for a bucket truck in the last capital improvements or revenue sharing period. The Committee decided that the Mayor could ride in the bucket truck for the next July 4th parade. b. Park Project Report This will be on hold pending a work session with Parks & Rec Commission. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 9 C. Welcome to Kenai Sian on Sterlinq Hiqhwa Committee Member McComsey mentioned a sign approaching Kenai from both the north and south. Mayor Williams informed the Committee that the Bicentennial group are looking into signage also and Mr. Braun should meet with the Committee to exchange information on some locations already chosen by them. That may be the biggest step, to find the location and getting it firm for a long time period. Mrs. Bailie stated that he has located three signs thus far, one is free, one is a trade-off and the third will cost $300 per year. Mayor Williams stated that one of the nicest additions to Kenai is the new sign at the dustbowl. Chairman Pro Tempore Sparks: The last thing we did regarding the sign was ask that Linda or someone was to draft a letter to the state about land available. Mayor Williams answered that we need to identify the location first. Committee Member Selby stated that we discussed one on the Sterling Highway and one near Kasilof plus one on K-Beach facing towards Homer. Mayor Williams went on to suggest some possibilities such as size, color, and price. The other way would be to get an idea of a package price first. It was agreed that since the Bicentennial group has been looking into this already, they can proceed. Mayor Williams cautioned the groups that the deadline for inclusion into the budget is February 15th. 6. NEW BUSINESS Mrs. Bailie: The Bicentennial and Visitors Bureau has a meeting December 4th and any ideas you want to present or if you would like to attend you are welcome. Committee Members are reminded that the deadline for adding budget items is February 15th. That is the date the budget needs to be to the Finance Director. 7. COMMITTEE COMMENTS & QUESTIONS a. Set Date for Work Session The Committee discussed various dates and times with those present. The Parks & Rec Commission will get back with the Committee. b. Historical Markers Chairman Pro Tempore Sparks indicated a need for historical markers on Russian Church property. The Committee agreed that it was private property and Mayor Williams suggested that it could be a part of the Bicentennial budget. Bicentennial is deeply involved in these things and we're funding them with a major funding source and we will continue to fund them through the coming years and those are the responsibilities that they need to take on. KENAI BEAUTIFICATION COMMITTEE November 21, 1989 Page 10 8. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting is scheduled for Jury 9, 1990. Janet A. Loper Secretary to the Committee ROBERT C. BYRD. WEST VIRGINIA, CHAIRMAN DANIEL K. INOUYE. HAWAII MARK O. HATFIELD. OREGON ERNEST f. HOLLINGS, SOUTH CAROLINA TED STEVENS, ALASKA J. SENNETT JOHNSTON, LOUISIANA JAMES A. MCCLURE. IDAHO QUENTIN N. SUROICK, NORTH DAKOTA JAKE GARN, UTAH ,...n.. PATRICK J. LEAHY, VERMONT THAD COCHRAN. MISSISSIPPI '' AM SASSER. TENNESSEE ROBERT W. KASTEN, JR., WISCONSIN OENNNS OECONCINI. AP12ONA ALFONSE M. D'AMATO. NEW YORK DALE BUMPERS. "KANSAS WARREN RUNMN, NEW HAMPSHINE FRANK R. LAUTENSERG. NEW JERSEY ARLEN SPECTER, PENNSYLVANIA TOM NAPKIN. IOWA PETS V. DOMENO, NEW MEXICO SAMARA A. MIKULSKI, MARYLAND CHARLES E. GRASSLEY, IOWA HAIRY REIO, ► EVADA DON NICKLES. OKLAHOMA SSOCK ADAMS, WASHINGTON PHIL GPAMM, TEXAS WYCHE FOWLER, JR., GEORGIA J. ROSEPT KENNY, NEBRASKA JAMES H. ENGLISH. STAFF DIRECTOR J. KEITH KENNEDY, MINORITY STAFF DIRECTOR emu d estatt10 estnatt COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 November 20, 1989 The Honorable John J. Williams Mayor City of Kenai 210 Fiddlqu Kenai, Alaska 99611 Dear John: FW1 Thanks for bringing to my attention the difficulty that you have encountered with the Small Business Administration regarding the abandoned Western Auto Building. I have taken this opportunity to contact SBA on your behalf requesting that they assist the City by razing the building. Thanks for bringing this matter to my attention. With best wishes, S Cordially, 4 } ;TEtS STEVENS ,y , FwZ u KENAI PENINSULA UNE M` CENTRAL LABOR COUNCIL J PresidentER BOX 1757 * SOL©OTNA' ALASKA 99669 November 27, 1989 Mr. John Williams Kenai Peninsula Caucus 210 Fidalgo Kenai, Alaska ,99611 Dear Caucus Member: It has case to our attention that the Kenai Peninsula Caucus has discussed Binding Arbitration and/or the Right to Strike in recent meetings. This is an area we are very such interested in as members of organized labor and we would be displeased to see it legislated away. As the President of the Kenai Peninsula Central Labor Council representing 17 trade unions, I have been asked to write you and express our concerns regarding this issue. Organized labor should have at their disposal a method to settle a dispute in a conclusive manner - the Right to Strike Q Arbitrate gives us that opportunity. Labor does not "rush" into a strike or the arbitration process, any more than management, but the process is there if it is needed in order to conclude the issue. This procedure, we believe, is necessary to finalize an issue if it cannot be done at a lower level. BJ/rp File Sincerely, Blake Jo son President v ,zx PAYMENTS OVER S1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: DECEMBER 6, 1989 FCR RATIFICATION: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT RISC. k#tatl+:sarrrat#tra#a#a:r##sari+t#rrrriiiri#!#+++r++#t!!*!####+l+t+++l++i+++trtrl+tt#tt+++!!!#+rr+!#tt+++#i+r##!r#tltrr##!##rtrrrrart#####tr#rri#r#iris HOMER ELECTRIC ELECTRICITY USAGE VARIOUS UTILITIES 2,927.97 BLUE CROSS DEC. MEDICAL INS. VARIOUS HEALTH INS. 28,851.98 WALTERS & OLSON INS. CO. MISC, CITY INSURANCE NON -DEPARTMENTAL INSURANCE 14,581.00 ALASi:AN FEDERAL CREDIT UNION NOV. CREDIT UNION W/H VARIOUS LIABILITY 16,463.00 NATIONAL BANK OF ALASKA NOV. FEDERAL W/H VARIOUS LIABILITY 40,258.85 NOV. MEDICARE VARIOUS LIABILITY 1.965.20 ALASKA OIL SALES FUEL SHOP OPERATING SUPPLIES 1.038.54 ICMA RETIREMENT CORP. NOV. DEFERRED COMP. VARIOUS LIABILITY 12.175.00 NOV. 401 PLAN VARIOUS SUPPL. RETIREMENT 6.030.80 ENSTAR NATURAL GAS NATURAL GAS USAGE VARIOUS UTILITIES 4,962.82 STATE OF ALASKA NOV. GARNISHMENTS VARIOUS LIABILITY 11300.00 NATIONAL BANK, OF ALASKA CD 11/28/89 CENTRAL TREASURY CENTRAL TREASURY 600,000.00 7.93% INT. FOR APPROVAL: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. FOSTER CONSTRUCTION PAY EST, NO, 1 CP-FLOAT PLANE CONSTRUCTION 18,464.04 NHITE • VENDOR 3MDENROD - ACCOUNTING :ANARY - ACCOUNTING 3I.UE • SHIPPING & RECEIVING 3REEN • APPROVED COPY SINK • REQUISITIONER Air Tek TO PURCHASE ORDER OF 210 FIDALGO ST. PHONE 283.7538 KENuALI, ALA3SKA 98811 VENDOR NO._ SHIP VIA: BY THIS PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE. No: Date 12/6/89 DtEUVERY DATE PREPAY SHIPPING - CHARGE F.O.B. PEItOWTATKM PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE OVIDIND UNIT UNIT PRK:E AMOUNT Repairs.to Christmas Street Lights lea Regular decoration lights. 9 $ 83.50 $ 751.5 Snowflake decoration lgiths 3 ea 128.50 385.5 Additional costs for increase in cost o new transformers not in stock 7 ea 10.69 74.83 TOTAL $1 0 0 ,211.83 C L(i�J/VG/L DEPARTMENT Beautification BY DEPARTMENT HEAD REQUISITIONS OVER $1.000 l*lICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: DECE,%iBER 6, 1989 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ANCHORAGE COLD STORAGE GROCERIES FOR DECEMBER 3M CO%iPANY TATTLE TAPES WM. J. NELSON & ASSOC. RESEARCH & RESPONSE -WESTERN MARINE COA-CONGREGATE MEALS OPERATING SUPPLIES 4,000.00 LIBRARY OFFICE SUPPLIES LEGAL PROF. SERVICES 1.750.00 1,200.00 �•3 To: Kenai City Council From: Charles A. Brown, Finance Director r94? Date: November 28, 1989 Subject: Modification to Personnel Ordinance The administration is suggesting modification to the personnel ordinance as shown on the attached ordinance. Below, I have identified the changes, giving a brief explanation for each change. Items marked by * indicated substantive, rather than clerical, definitional, or mandatory changes. KMC Reason 23.05.070 New set of definitions; old definitions were inconsistent and incomplete. 23.10.020(a) & (b) Moved councilmembers to section relating to certain benefits (PERS, Medicare, Workers Compensation Insurance). *23.10.020(c) Added reference to KMC 23.40.070. This allows City Manager, City Clerk, and City Attorney certain educational opportunities (such as classes, conferences, and conventions). It is unclear whether this benefit has been available to them in the past. 23.10.030 Deleted the word "permanent". That word has taken on a meaning in the courts that the administration believes was not intended by the City. All references to permanent employees are being deleted. 23.25.050 Clarified pay period and pay day, particularly relating to temporary and part-time employees. 23.25.060(b) Eliminated the daily overtime language, which is ineffectual due to the weekly overtime rules that follow. Overtime has always been calculated based on hours worked in a week, not in any particular day (in accordance with Fair Labor Standards Act). 23.25.060(e) Eliminated an incorrect reference. Kenai City Council Page 2 23.30.050(a) Clarified that public works departments are multiple departments. Added other offices as exceptions to normal business hours. *23.30.100 Made approval of department head mandatory for outside employment. 23.30.110(b) & (d) Clarifying language regarding travel. *23.30.140(a) Added in-laws to rules regarding relatives in City service. *23.35.020(b) Changed rules regarding controlled substances and prescribed medicines in City services. Other clarifying language. 23.35.030(d) Clarified that a written notice is required only for written (not verbal) disciplinary actions. 23.35.030(e) Replaced "permanent" with "regular". 23.35.034(h) Apparent typographical error. 23.40.010-040 Definitional and clerical corrections. 23.40.080 Corrected PERS coverage to apply to other than full-time employees. 23.40.095 Deleted "permanent". 23.40.100 Added medicare coverage, as required. 23.40.120 Added language to make it clear that health insurance premiums are paid by the City ("no cost" could infer no deductible or co-insurance). 23.55.040(a) Eliminated uniform allowance for jail personnel. 23.55.040(c) Clarified that public works departments are multiple departments. Suggested By: Administration CITY OF KENAI ORDINANCE 1347-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 23 OF THE KENAI MUNICIPAL CODE ENTITLED, "PERSONNEL REGULATIONS." WHEREAS, .n the process of writing a new employee handbook, the City Administration conducted a review of the City's personnel regulations; and, WHEREAS, this work has resulted in suggestions for clarifications and changes in the personnel regulations, primarily to make the regulations clearer and more informative. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, twat the Kenai Municipal Code, Title 23 is hereby amended as shown the attached document marked as "Exhibit A." PASSED BY THE COUNCIL 01' THE CITY OF KENAI, ALASKA, this 20th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: December 6, 1989 Second Reading: December 20, 1989 Effective Date: January 20, 1990 Approved by Finance: r r7 _ (11/28/89 - ca_f) TITLE 23 PERSONNEL REGULATIONS Chapters: 23.05 General Provisions. 23.10 Categories of Service. 23.15 Administration. 23.20 Classification. 23.25 Compensation 23.30 PerjQnnel Policies and Procedures. 23.35 General Conduct, Discipline, Termination, and Appeal. 23.40 Benefits. 23.45 Performgnce Evaluation 23.50 Classification Plan. 23.55 Pay Plan. Chapter 23.05 GENERAL PROVISIONS Sections: 23.05.010 Employment -Qualifications and Fitness. 23.05.020 Incentives and Conditions. 23.05.030 Uniformity of Classification and Compensation. 23.05.040 Appointment. 23.05.050 Morale. 23.05.060 Tenure. 23.05.070 Definitions. 23.05.010 Emp'-',_oyment-oualifications and Fitness: Employment in City Government shall be, based on qualification and fitness, free of personal and political considerations, with equal opportun-I_ty for all with no restrictions as to race, color, creed, religious affiliations, or sex. It is a policy of the City to not discriminate against the handicapped in employment. (O_rds, 336, 537, 963) 23. U5. U20 Incentives and c'n 4*:.tj (�ais: Just. and equitableincentives and conditions of_ employment shall be estab _isi"ied and maintained to promote el-_icieacy and economy in t.tie c>-�e:rat:�..ons Of the City government. (Or_ds. 336, 537) PAGi;1 1 OF EXHI:3IT "A" 23.05.030 Uniformity of Classification and Compensation: Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. (Ords. 336, 537) 23.05.040 Appointment: Appointments, promotions, and other actions requiring the application of the merit principal shall be based on systematic evaluation, designed for the position to be filled. (Ords. 336, 537) 23.05.050 Morale: High morale shall be maintained by the fair administration of this ordinance, by every consideration of rights and interests of employees, consistent with the best interest of the public and the City. (Orris. 336, 537) 23.05.060 Tenure: Tenure of employees covered by this ordinance shall be subject to good behavior., satisfactory performance of work, necessity for the performance of work, and the availability of funds. (Ords. 336, 537) 23.05.070 Definitions: As used in Title 23, the following terms shall have the meanings indicated: [(A) ;DEPARTMENT: A MAJOR FUNCTIONAL UNIT OF THE CITY GOVERNMENT ESTABLISHED BY THE CITY COUNCIL. (B) DEPARTMENT HEAD: A PERSON DIRECTLY RESPONSIBLE TO THE CITY MANAGER FOR THE ADMINISTRATION OF A DEPARTMENT. WHEREVER UNDER THE PROVISIONS OF THIS CHAPTER, APPROVAL OF A DEPARTMENT HEAD IS REQUIRED, IF THE PERSON REQUESTING APPROVAL IS A DEPARTMENT HEAD, THE APPROVAL SHALL BE OBTAINED FROM THE CITY MANAGER. (C) FULL-TIME EMPLOYEE: AN EMPLOYEE WHO WORKS THE NORMAL AMOUNT OF WORKING HOURS FOR THE CLASS ASSIGNED. (D) GENERAL GOVERNMENT EMPLOYEE: A CITY EMPLOYEE OTHER THAN A PUBLIC SAFETY EMPLOYEE. (E) 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 H'IS RIGHTS FOR THE PURPOSE OF ATTEMPTING TO GAIN AN ADJUSTMENT OF SAID CAUSE OF DISSATISFACTION. ( F ) PERMANENT PART-TIME EMPLOYEE: AN �;M:PLOYEE WHO S EMPLOYED REGULARLY FOR LESS THAN THE NORMAL NUMBER OF WORKING HOURS, BUT WHO NORMALLY ,FOLLOWS A PRE -DETERMINED, F-fX) D PATTERN OF WORKING HOURS. (G) PERMANENT EMPLOYEE: AN cMPLOYEE WHO ?`)AS BEEN R ,'TAIN`r:D IN HIS APPOINTED POSITION AFTER THE COMPLETION OF HIS PROBATIONARY PERIOD. (H) PROBATIONARY 'EMPLOYEE: AN EMPLOYEE WHO :iAS NOT 'YET COMPLETED HIS PROBATIONARY PERIOD. PAGE ?. Ow r;XH-rB'C'.T' "A" (I) PROBATIONARY ?ERIOD: A WORKING TEST PERIOD DliRIUG WHICH AN EMPLOYEE 1S REQUIRED TO DEMONSTRATE HIS FITNESS FOR `.r1E :D0TI ES TO WHICH HE IS APPOINTED BY ACTUAL PERFORMANCE OF THE DUTIES OF THE POSITION. (J) PUBLIC SAFETY EMPLOYEE: A PERSON EMPLOYED THE POLICE, FIRE, OR COMMUNICATION'S DEPARTMENT. (:K) SUPERVISOR: ANY PERSON WHO IS ',tESPONSIBLE TO A 'til"GHER DIVISIONAL OR DEPARTMENTAL LEVEL OF AUTHORITY AND WHO DIRECTS THE.. WORT'. OF OTHERS. (L) TEMPORARY EMPLOYEE: AN EMPLOYEE; WHO HAS 3EEN APPOINTED FOR A LIMITED PERIOD NOT TO EXCEED SIX MONTHS-1 (a) E:xempt Service: Exempt service shall include al.]- e-lected officials, City Manager, City Attorney, City Clerk, and temporary employees. Members of b2cir. ds, committees, Com,nissions, volunteers, contractors, and consil7.tants are not employees. (b) Classified Service: All raid employees not -in the exPr,-,)t service. (c)_ F'u.L_l.-`.Dime : Employees scheduled to work 40 hours oer. (except certain .Fire Department employees who work an average or 56 hours n(-r week) are (=sidered full time. (dL Part -Time: Employees scheduled to work 'Less than 40 hours per week. (e) Regular: Employees who have completed the probationary period. They may be assigned to work a fu11-time or hart-i.i,mP schedule. (f) Temporary: Employees who are ,aired for a prp-r-stabl.i-slit-d period, usually dur. i.nu peak workloads or for vacation rr- :'lie-f Find for not more than six-nont''hs. Thev may be assiane6 ':o wor a fi!a 1 - time or ;part. -time schedule. Thev are ineliaible ar benpra.ts anc holiday pay. ( Probationary Period: ^7ormally six months, except: for Police and Fire which is normally twelve months. This per�.od can be extended up to, but no l onaer t'.han t:wel.ve months or eighteen months, respectively. (h) Department: The smallest functional biidgetary iinj t of the City governrient astat)].is'ned by the City Coinncil. (i) 'Department E edd: A person (Jrectly responsible to i.be City Manager for the a.dypj.nistratj.on o t :)ne or -pore de:oartment-s . Promotion: An aCl,7;incement <i' an-?no-ILoyee from ong 'job CiiiSS .f1 Cat_l.On t-o :i-qne-r )n.J C`_' �;ti; l.;'=.;.Cat'.�)Il '�] department. _ `I'J"clllster: 'ti.?e :11C)vF?mQ'i11: ?"'C)'!r'i OT)C' denartment t;Q anot,ar deoa _✓'t ..mint , of jr':") General C;C)y?rT!!? FIht -)ye?? ; H (:ity amp'l o) ;, ee otber a. Public :,Fifety o�.a�r�ee PAG,�, 3 o ' r,3;Hl:F3IT "A" Sm Public Safety Employee: A Person employed in the Police, Fire, or Communications Department. (n) supervisor; Any person who is responsible to a higher divisional or department 1qyej of authority and who directs the worts of others. (oo) CtY auager: A person directly responsible to the City Council o ig ayatlaorizede ted to ggercise the o e s and fulfill thS dUtjes'e the Chlirter and Municipal Code of floe C3.ty of K 12JL City Attorney: n directly responsible to the City Council. He is e c ` 1 advisor to the Coin 1 and a:ll clerical offirpr.of the Coungil. irZ Grielanco: hn eMt)loyee's oral or written expression of dissatisfaction. Sections: 23.10.010 23.10.020 23.10.030 Chapter 23.10 CATEGORIES OF SERVICE General. Exempt Service. Classified Service. 23.10.010 General: All offices and positions of the City are divided into classified service and exempt service. All the provisions of this chapter shall apply to positions in the classified service. The provisions of this chapter shall apply to positions in the exempt service as indicated in KMC 23.10.020. (Ords. 336, 537) 23.10.020 Exempt Service: The exempt service shall include the following: (a) Mayor and Councilmembers - Only the following provisions shall apply [TO THE MAYOR]: KMC 23,30.110(b) and (d) and 23.40.080 (as applicable), .100 and 110. PAGE 4 OF EXHIBIT "A" (b) [OTHER ELECTED OFFICIALS AND) Members of Boards or Commissions - Only the following provisions shall apply to such officials: KMC 23.30.110(b) and W . (c) The following Council -appointed administrative offices: (1) City Manager. The City Manager shall perform all those duties mandated for his position by the provisions of this chapter and shall be bound or receive the benefits of the following sections insofar as they are applicable: KMC 23.25.050 and .060(d); KMC 23.30.110(b), (c) and (d); and KMC 23.40.020, .030, .040, .060, .070, .080, .095, .100, .110, .120, and .130. (Ord. 1059) (2) City Clerk. Only those provisions specifically enumerated under (1) above shall apply to the City Clerk. (3) City Attorney. Only those provisions specifically enumerated under (1) 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 Professional Services - Such services shall be by contract and none of the provisions of this chapter shall apply. (f) Positions Involving Seasonal or Temporary Work - All of the provisions of this chapter shall apply to such positions but only insofar as they are applicable. (Ords. 336, 537) 23.10.030 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: (1) Shall have [PERMANENT] regular status if they have held their present positions for at least six (6) months immediately preceding the effective date of this ordinance except for police, which shall be twelve (12) months, or; (2) Shall serve a probationary period of six (6) months from the time of their appointment, which may be extended before acquiring [PERMANENT) regular status, if they have held their position for less than six (6) months, with the exception of police, for which twelve (12) months is substituted in the above for the stated six (6) months period. (Ords. 336, 537) PAGE 5 OF EXHIBIT "A" Chapter 23.15 ADMINISTRATION Section• 23.15.010 Administration by City Manager. 23.15.010 Administration by City Manager: The personnel program established by this ordinance shall be administered by the City Manager. He shall administer all provisions of this ordinance and of the personnel rules. He shall prepare and recommend revisions and amendments to this ordinance as deemed necessary. The City Manager shall draft such rules as may be necessary to carry out the provisions of this ordinance. Such rules shall be uniform application except as specifically stated. Additionally, each department of the City is encouraged to establish departmental rules, regulations, and procedures subject to the approval of the City Manager. Such rules, regulations, and procedures shall be in harmony with the general rules of the City Manager and provisions of this ordinance, and shall be binding on the employees. (Ords. 336, 537) Chapter 23.20 CLASSIFICATION Sections• 23.20.010 Initial Classification. 23.20.020 Revisions to Classification Plan. 23.20.030 Adjustments to Organization. 23.20.010 Initial Classification: The City Manager shall make analysis of the duties and responsibilities of all positions in the classified service and shall recommend to the Council a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to make use of a single descriptive title, the same qualification requirements, the same test of competence, and the same pay scale. A job class may contain one position or more than one position. The Council shall adopt a classification plan by ordinance. (Ords. 336, 537) PAGE 6 OF EXHIBIT "A" 23.20.020 Revisions to Classification Plan: The initial classification plan shall be revised from time to time as changing positions require it, with the recommendation of the City manager and the approval of the City Council. Such revisions may consist of addition, abolishment, consolidation, division, or amendment of the existing classes. (Ords. 336, 537) 23.20.030 Adjustments to Organization: Whenever a change in the organization of the City administration is brought about by changes in the classification system outlined above, the City Manager shall submit to the Council a chart or table of organization of the administration, indicating the new structure and reporting relationship. (Ords. 336, 537) Chapter 23.25 COMPENSATION Sections: 23.25.010 Pay Plan - Development 23.25.020 Pay Plan and Adoption. 23.25.030 Pay Plan Amendment. 23.25.040 Appointee Compensation. 23.25.050 Pay Day. 23.25.060 Overtime. 23.25.065 Shift Differential Pay. 23.25.070 Acting Positions. 23.25.080 Promotion. 23.25.010 Pay Plan - Development: The City Manager, in consultation with the Finance Director, shall prepare a pay plan and rules for its administration. The rate and range where each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public employment. The objective of the pay plan shall be to provide an appropriate salary structure to recruit and retain an adequate supply of competent employees. (Ords. 336, 537) 23.25.020 Pay Plan and Adoption: The City Manager shall submit the pay plan and rules for its administration to the City Council for adoption. Before the pay plan and the rules for its administration are adopted by the Council, the City Manager shall assign each job class to one of the pay ranges provided in the pay plan. The Counc_�l shall adopt a plan and rules by ordinance.. (Orris. 336, 537) PAGE 7 OF EXHIBIT "A" 23.25.030 Pay Plan Amendment: The pay plan may be amended by the City Council from time to time as circumstances require, either by adjustment of rates or by reassignment of job classes to different pay ranges. All modifications shall apply uniformly to all positions in the same class. (Ords. 336, 537) 23.25.040 Alapointee Compensation: (a) Upon initial appointment to a position, the employee shall receive the minimum salary for the class to which the position is allocated. (b) However, in the cases when unusual difficulty in filling the vacancy is experienced, or when the appointee is exceptionally qualified, the City Manager may cause the appointment to be made at a salary level above the minimum, but not more than Level D for the same class. (Ords. 336, 537) 23.25.050 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 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 ENTITLEMENT FOR THE MONTHLY PERIOD, OR PERIOD EMPLOYED IF A NEW EMPLOYEE.] 23.25.060 Overtime: (a) Department heads and supervisors shall assign to each employee regular work duties and responsibilities 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 overtime pay 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 Subsection (c) of this section. Rates for overtime (in addition to regular compensation based upon salary schedules) shall be: (1) General Government (excluding Sewer Treat Plant): PAGE 8 OF EXHIBIT "A" Regular Pay Times Regular Work Day [(FOR HOURS IN EXCESS OF 8)] 1-1/2 Saturday 1-1/2 Sunday 2 Holiday 2-1/2 (2) General Government Employees must be in a paid status for forty (40) hours in the work week before overtime may be paid. (3) Public Safety and Sewer Treatment Plant: Regular Pay Times Regular Work Day [(FOR HOURS IN EXCESS OF REGULAR SHIFT)] 1-1/2 Saturday [see KMC 23.30.050(b) and (c)] 1-1/2 Sunday [see KMC 23.30.050 (b) (c)] 2 Holiday [see KMC 23.40.020(c) for treatment] (4) Before overtime may be paid, Public Safety and Sewer Treatment Plant employees must be in a paid status for their normal work week, as follows: Police 40 hours Fire 56 hours Communications 40 hours Sewer Treatment Plant 40 hours However, overtime may be paid as required by the Fair Labor Standards Act, recognizing that an employee's salary is compensation for the normal shifts specified in this Title. (Ords. 1044, 1114-89) (c) Compensatory time accumulation shall not exceed eight hours. Once this maximum accumulation has been reached, all overtime compensation earned by the employee shall automatically be paid in cash. (d) For some positions, overtime is considered part of the job responsibility and, therefore, does not justify overtime pay. Cash compensation for overtime shall not be granted to the following positions - Department Heads or exempt personnel to which this provision applies. In lieu of payment, time off is authorized with a maximum accumulation of eight 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 clay of. the PAGE 9 OF EXHIBIT "A" month [AS EXPLAINED IN SUBSECTION (A) OF THIS SECTION]. Overtime appearing on such time sheets shall be paid on the last pay day of the month. Overtime worked between the submission of time sheets and the end of the month shall be entered on the following month's time sheet and paid on the last pay day of that month. (Ords. 336, 537, 639) (f) Seasonal Parks and Recreation Employees that work for seven (7) months or less in the calendar year, and are exempt from the overtime requirements of the Fair Labor Standards Acts, are exempted from the above overtime and maximum compensatory time accumulation requirements. (Ord. 1114) 23.25.065 Shift Differential Pay: (a) Employees who are scheduled to work certain shifts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least 75% of the hours in a monthly pay period in one or any combination of the shifts identified below. (b) Eligible shifts and rates are: (1) Shift begins after 2:00 p.m. and before 6:00 p.m. -- 2%. (2) Shift beings on or after 6:00 p.m. and before 3:00 a.m. -- 4%. (c) The above rates will be computed against Step A of the pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee is eligible based upon a schedule of a combination of shifts, he will be paid at the rate corresponding to the majority of time worked. Shift pay is not to be considered in computing annual leave or holiday pay. (d) If all employees of the same class in a given Department rotate at the same time to a substantially different shift basis, the provisions of this section shall not apply. (e) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. (Ord. 1038) 23.25.070 Actincx Positions: Compensation during temporary assignment - an employee who is temporarily assigned to a position with a higher pay range for a period of ten (10) days or more shall be paid at the first step of the higher pay range, or, he shall be granted a one step pay increase, whichever is higher, for the period worked in the temporary assignment. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed six months. (Ords. 336, 537) PAGE 10 OF EXHIBIT "A" 23.25.080 Promotion: When an employee is promoted from one class to another having a higher pay range, he shall receive an increase of not less than one pay step from his former position. (Ords. 336, 537) Chapter 23.30 PERSONNEL POLICIES AND PROCEDURES Sections: 23.30.010 General. 23.30.020 Appointment. 23.30.030 Probationary Period. 23.30.040 Merit/Growth/Evaluation. 23.30.050 Business Hours and Hours of Work. 23.30.060 Attendance. 23.30.070 Personnel Records. 23.30.080 Transfers. 23.30.090 Layoff. 23.30.100 Outside Employment. 23.30.110 Travel Expense. 23.30.120 Moving Expense for New Employees. 23.30.130 In -Service Training. 23.30.140 Relatives in City Service. 23.30.010 General: (a) Recruitment and appointing authority shall be vested in the City Manager. (b) Applicants must be United States citizens or eligible for employment under existing State and Federal laws and regulations in order to be employed by the City. (c) Applicants for positions in the City service need not reside within the City Limits. Departmental rules shall establish response times required by that department. (d) Minimum age for City employment shall be in accordance with State of Alaska laws. (e) Employment of qualified, handicapped persons shall be encouraged. (f) Employment rights for veterans shall be in accordance with applicable State and Federal laws. (g) Applicants must possess an appropriate valid Alaska State Driver's License, should employment require operation of a motor vehicle. (h) Applicants must complete a City application form or submit a resume of sufficient detail to equate to a City form. (Ords. 336, 537, 1212, 1340-89) PAGE 11 OF EXHIBIT "A" 23.30.020 Appointment: (a) All appointments to vacancies shall be made solely on the basis of merit, efficiency, and fitness. These qualities shall be determined through careful and impartial evaluation of the following: (1) The applicant's level of training relative to the requirements of the position for which applied. (2) The applicant's physical fitness relative to the requirements of the position for which applied. (b) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, ancestry, sex, national origin, or political or religious affiliation for the purposes of discriminating. (c) All statements submitted on the employment application or attached resume shall be subject to investigation and verification. (d) If required by the department, applicants shall be fingerprinted prior to appointment. (e) Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the City shall pay the cost of the examination. (Ords. 336, 537, 1340) 23.30.030 Probationary Period: (a) All original appointments including those that result from transfers shall be tentative and subject to a probationary period of not less than six (6) months consecutive service, except for Police and Fire, which shall be normally twelve (12) months, subject to meeting criteria for certification which may be accomplished following six (6) months of service. Promotional appointment probationary period shall, for all personnel, be not less than six (6) months. (b) In cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee's qualifications, the probationary period may be extended; however, no probationary period shall be extended beyond twelve (12) months, or eighteen (18) months for police and fire. The employee shall be notified in writing of any extension and the reasons therefor. (c) During the first six (6) months of original probationary period, a new employee (including police and fire) shall not be eligible for annual leave benefits, but he shall earn annual leave credit from the first day of employment and may take leave for sickness during that period to the maximum of the amount of leave accrued. (d) Upon completion of the probationary period, the employee shall be considered as having satisfactorily demonstrated qualifications for the position, shall gain regular status, one step in pay raise, and shall be so informed through his supervisor. The employee's anniversary date shah. be the first of the month in which the employee's original probation ends. Employees who have gained regular status at the effective crate of this ordinance shall. have their anniversary dates changed to the first of the month in which the employee's present anniversary date falls. PAGE 12 OF EXHIBIT "A" (e) During the probationary period, a new hire may be terminated at any time without appeal. (f) In the case of promotional appointments, the promoted employee may be demoted at any time during the probationary period without appeal, provided that the probationary employee be reinstated in the class designation from which he was promoted, even though this necessitates the layoff of the employee occupying the position. (Ords. 336, 537, 1204) 23.30.040 Evaluation: (a) Evaluations shall be required annually of all classified employees. Supervisors shall indicate thereon his recommendation as to whether or not the employee should be awarded a pay raise in accordance with the City Pay Plan, KMC 23.55. (b) Approval of increment pay raises are vested in the City Manager. (Ords. 336, 537, 1071) 23.30.050 Business Hours and 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., (DEPARTMENT OF] Public Works ftyartments - 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 (L]Library, Recreation Center, Senior Center, and Animal Control operations shall be open for business as authorized by the City Manager. (b) Public Safety employees, not including administrators, normal work week is: (1) Police and Communications - four (4) shifts of ten (10) hours per week, 2080 hours annually. When working this shift, first and third days off shall be treated as Saturdays and the middle day off (the second day) shall be treated as a Sunday for purposes of paying overtime; (2) Fire - 24 hours on, 24 hours off, for six (6) day cycle, then three (3) days off - equivalent of 56 hours per week, 2,912 hours annually. When working this shift, first and third days of the three -day -off period shall be treated as Saturdays, and the middle day off shall b treated as Sunday for purposes of paying overtime. (Ord. 1044) (c) Sewer Treatment Plant employees work a forty -hour week on a shift basis that allows at least one employee to be at the plant on a given day. When scheduled days off are two consecutive calendar days, the first day off shall be treated as a Saturday and the second day off shall be treated as a Sunday for purposes of paying overtime. (d) All other employees' normal work week is forty hours/eight hours a day, 2,080 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 speciai situations on timely notice. (Ords. 336, 537, 639) PAGE 13 OF EXHIBIT "A" 23.30.060 Attendance: (a) Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves of absence. (b) An employee shall not absent himself from work for any reason without prior approval from his supervisor. When prior approval is not obtained, an employee, who for any reason fails to report to work, shall make a sincere effort to notify his supervisor of his reason for being absent. If the absence continues beyond the first day, the employee shall notify the supervisor on a daily basis unless other arrangements have been made with the supervisor. (c) Departments shall maintain records of employees' attendance. (d) Any unauthorized absence of any employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. (Ords. 336, 537) 23.30.070 Personnel Records: (a) The City Manager shall cause a service or personnel record to be maintained for each employee in the service of the City of Kenai. (b) The personnel record shall show the employee's name, title of position held, the department to which assigned, salary, change in employment status, training received, and such other information as may be considered pertinent. (c) A personnel action form shall be used as the single document to initiate and update personnel records. (d) Employee personnel records shall be considered confidential and shall be accessible only to the following: (1) The employee concerned; (2) Selected City officials authorized by the City Manager. (e) Department 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. (Ords. 336, 537) 23.30.080 Transfers: Requests from employees for transfers from one department to another shall be made in writing and shall be directed to the employee's present department head and referred to the appropriate department head and the appointing power. Such requests shall be given consideration when a suitable vacancy occurs; however, no employee shall be transferred to a position for which he does not possess the minimum qualifications. (Ords. 336, 537) 23.30.090 Layoff: If there are changes of duties in the organization, lack of work, or lack of funds, the appointing authority may lay off employees; however, the appointing authority shall first make every reasonable effort to integrate those employees into another department by transfer. When PAGE 14 OF EXHIBIT "A" layoffs are required, the appointing authority shall base the decision on relative merit, and shall give due consideration to seniority in the City service only where the employee's qualifications and ability are relatively equal. (Ords. 336, 537) 23.30.100 Outside Emolovm!ni: No full-time employee shall accept outside employment, whether part-time, temporary, or permanent that could reasonably interfere, conflict, or negatively reflect on the City. It is the individual employee's responsibility to insure compliance with this section. [CONSULTATION WITH] Approval of the individual's department head is [STRONGLY RECOMMENDED] reagired before acceptance of outside employment. (Ords. 336, 537) 23.30.110 Travel Expense: When employees are required to travel outside the City on City business, reimbursement, subject to advances received, for expenditures incurred shall be determined as follows: (a) Prior to traveling outside the City, the employee shall obtain permission for the trip and the mode of travel from the department head. (b) Travel on official business outside the City by [A SINGLE] one individual shall be via public carrier or City -owned vehicle whenever practical. If, for extenuating circumstances, the employee is authorized to use a private vehicle, total mileage shall be paid at the rate of $.25 per mile. 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 $30.00 per month, subject to authorization by the City Manager. (d) The authorized per diem rates are $30.00 per full twenty- four hour day plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to $30.00 per day. Claims for lodging expenses will be supported by receipts. (Ords. 336, 537, 649) 23 .30.120 Moving ExRelise for New Employees: ( a ) Whenever a professional or technically trained person changes his place of residence more than fifty (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: (1) 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. PAGE 15 OF EXHIBIT "A" (2) The maximum reimbursable shall be subject to r,.., negotiation at the time of an offer of acceptance of appointment. (3) 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 (1) year of the date of his appointment. (4) New employees who are assisted with their moving expenses shall be required to sign a Transportation Agreement prior to employment. The Transportation Agreement stipulates that the employee will reimburse the City for all or part of such expenditures in the event of voluntarily leaving City service within a period of two (2) years according to the following schedule: 100% -- Less than six (6) months. 75% -- Six (6) months, but less than twelve (12) months. 50% -- Twelve (12 ) months, but less than eighteen (18 ) months. 25% -- Eighteen (18 ) months, but less than twenty-f our (24) months. 0% -- Two years and over. (b) New employees may not be given an advance against moving expenses without prior written approval of the City Manager. (Ords. 336, 537) 23.30.130 In -Service Trainincx: (a) The City manager shall encourage training opportunities for employees and supervisors in order that services rendered to the City will be more effective. He shall assist department heads in meeting training programs designed to meet immediate City-wide personnel needs and to prepare employees for promotion to positions of greater responsibility. (b) Training sessions may be conducted during regular working hours at the discretion of department heads. (Ords. 336, 537) 23.30.140 Relatives in City Service: (a) Two members of an immediate family (spouse, children, brother, sister, in-laws or parents) shall not be employed under the same supervisor. Neither shall two (2) members of an immediate family be employed at the same time regardless of the administrative department, if such employment will result in an employee supervising a member of his immediate family. This section shall not be construed to prohibit employment by the City of relatives of City Council members. (b) The provisions of this section shall apply to promotions, demotions, transfers, reinstatements, and new appointments. PAGE 16 OF EXHIBIT "A" (c) Cohabitation by adults of the opposite sex presumes a family relationship and shall be construed as such. (Ords. 336, 364, 537) Chanter 23.35 GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL Sections: 23.35.010 Personal Appearance and Conduct. 23.35.020 Causes for Warning, Suspension, or Dismissal. 23.35.030 Forms of Disciplinary Action. 23.35.032 Arbitration Panel. 23.35.034 Procedures on Appeal. 23.35.040 Grievance Procedure. 23.35.050 Resignation. 23.35.060 Re -Employment, Repealed. 23.35.070 Cost Consciousness. 23.35.080 Safety. 23.35.090 Legal Liability. 23.35.010 Personal Appearance and Conduct: (a) Public relations shall be an integral part of each employee's job. (b) All employees shall be neat and clean in appearance and shall conduct themselves in a manner which is appropriate for an employee in public service. Departmental regulations may impose reasonable specific standards of dress and appearance. (c) Employees shall be courteous, efficient, and helpful to everyone in their work and shall do the best job possible on every assignment. (Ords. 336, 537) 23.35.020 Causes for Warning, Suspension, or Dismissal: (a) When an employee's conduct falls below desirable standards, he may be subject to disciplinary action. (b) General reasons for which an employee may be disciplined include: (1) Drinking intoxicating beverages ZOR USE OF NON- PRESCRIPTION DEPRESSANT, STIMULANT HALLUCINOGENIC, OR NARCOTIC DRUGS] on the job or arriving on the job under the influence of intoxicating beverages [OR SUCH DRUGS]. (2)_ Illegal possession of any controlled substance on the job. (3) ingestion, either on the job or *within eight hours before reporting to *cork, of any controlled or other dangerous substance, sinless prescribed by a licensed medical PAGE 17 OF EXHIBIT "A" -1 Practitioner. Emgloyees shall notify their immediate supervisorwhen r "c' e that they have been informed has the potential to impairlob Performance. Tiatl e=12Xes,ghall advise the supervisor of the effectsknown side l as the Reriod of. use, No eaployee shall ingest any prescribed or over-tlae-counter medication in amounts beyond the recgMMendSd donaage. ([2]4) Violation of a lawful duty. ([315) Insubordination. ([4];6) Breach of discipline. ([5]7) Being absent from work without first notifying and securing permission from the employee's supervisors. ([6]8) Being habitually absent or tardy for any reason. ([7]9) Misconduct. ([8]10) Conviction of a felony or a misdemeanor involving moral turpitude. ([9}11) Using religious, political, or fraternal influence. ([10]12) Accepting fees, gifts, or other valuable things in the return for performance of the employee's official duties for the City. ([11113) Inability to perform the assigned job. ((12114) Political activity as restricted by the Charter. (Ords. 336, 537) 23.35.030 Forms of Disciplinary Action: (a) Disciplinary action ranges from oral or written reprimands to suspension, demotion, and finally dismissal from the City service, and depends on the severity of the offense as well as the number and the frequency of previous acts of misconduct. (b) 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 disciplined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations. (c) Every department head shall discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be of increasingly progressive severity whenever possible. (d) A written notice shall be given each employee for each written 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 PAGE 18 OF EXHIBIT "A" taken. A copy of the notice signed by the employee shall be placed in the employee's personnel file and shall serve as prima facie evidence of delivery. (e) All [PERMANENT] regular employees shall have the right to appeal disciplinary action taken against them within five (5) working days after receipt of notice by employee of the disciplinary action. Appeals shall be made as grievances in accordance with the provisions of KMC 23.35.040 except that appeals from suspension, demotion, or dismissal shall be made directly to a Personnel Board selected from the Arbitration Panel provided in KMC 23.35.032 by filing such appeal in writing with the City Clerk, setting forth the background, the disciplinary action, and the reasons why the disciplinary action is felt to be unjust. (Ords. 336, 537) 23.35.032 Arbitration Panel: (a) There is hereby established an Arbitration Panel consisting of twelve (12) members who shall be chosen by the City Council from nominees made by City employees and by members of the City Council. (b) A member of the Arbitration Panel must be a resident of the city of Kenai, must not hold any other office or position in the government of the City of Kenai, must not be a relative or close friend of any City employee, and shall not be a party with close business connections with the City, either personally or through a corporation in which the member has a substantial interest. (c) Members of the panel shall serve for indefinite terms until termination by the Council, resignation by the member, death, move from the City of Kenai, election, or appointment as an officer or employee of the City of Kenai, or incapacity of the member. (d) By adoption of this ordinance, the city hereby waives any claim or cause of action it might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board. Any employee, by filing an appeal under the provisions of this chapter, likewise waives any claim or cause of action such employee might have against any member of the Arbitration Panel based on his or her service thereon or on a Personnel Board, and if requested such employee will execute and file a formal waiver at time of filing appeal. (Ords. 537, 619) 23.35.034 Procedures on Appeal: (a) Within five (5) working days after the filing of a written appeal with the City Clerk, the City Manager or the designee of the City Manager shall file with the City Clerk an answer in writing to the appeal setting forth any facts which might be in dispute in the appeal, and setting forth the reasons why the actions are believed to be justified and the City Manager or his designee shall serve a copy of the answer on the employee in person or by ordinary mail to employee's home address. PAGE 19 OF EXHIBIT "A" (b) Promptly after the appeal is filed, the City Clerk shall deliver a copy of the appeal to the City Manager. (c) The members of the Arbitration Panel shall be listed in alphabetical order, and will be called in rotation. Any member passed over because of illness or absence, or disqualified by an appealing employee or the administration, shall be treated as though he or she has served on the Personnel Board and will not be called again until his or her name comes up in the normal rotation. As soon as an appeal is filed with the City Clerk, the City Clerk will make contact and determine the next five (5) members of the panel due and available for service during the following three (3) weeks, and shall notify the appealing employee of the five (5) members due for service. The appealing employee will advise the City Clerk within two (2) working days which member the employee wishes deleted from the list, and the City Clerk will then notify the City Manager or his designee of the four remaining members due for service. The City Manager or his designee will advise the Clerk within one (1) working day of the name of the member the administration wishes to delete from the list. Thereafter, the Clerk will notify the two (2) members of their disqualification and the other three members as to being chosen for service and will determine a date, time, and place when all three members may assemble for hearing, and will then notify the appealing employee and the City Manager or his designee of such date, time, and place of hearing. (d) At the time of hearing, the employee shall present any written evidence, oral testimony, or witnesses that he or she desires, and thereafter the City Manager or his designee shall present evidence, oral testimony, or witnesses as he or she deems fit, following which the parties may continue to present rebuttal testimony alternately until neither side has anything :Further to present. (e) After completion of presentation of testimony, the appealing employee may make any statement he or she desires by way of argument, which may be answered by the City Manager or his designee, and the appealing employee shall then have a final closing argument if he or she so desires. (f) If any member of the Personnel Board feels it necessary or desirable, he or she may call additional witnesses or call for presentation of additional testimony, adjourning the hearing to a future time for such presentation if necessary. (g) After presentation of all evidence and arguments, the Personnel Board shall go into executive session to make a determination of the appeal, and the Personnel Board shall make written findings of fact and conclusions as to the justness of the disciplinary action. (h) There shall be no formal restrictions on the :kind [OF] or form of evidence presented so long as it is pertinent to the appeal and is not unduly repetitive, but the Personnel. Board by PAGE 20 OF EXHIBIT "A" majority vote may limit repetitive evidence and may restrict evidence to matters pertinent to the hearing and to evidence which they would find credible. W The Personnel Board has power to uphold the disciplinary action, to set aside the disciplinary action completely restoring the appealing employee to his former position and to any and all pay which may have been lost because of the disciplinary action, or if the Personnel Board feels it necessary in the interest of justice that some disciplinary action be taken but that the particular disciplinary action was too extreme, it shall determine what the proper disciplinary action should be. (j) The decision of the Personnel board may be made by a majority of the Board and shall be final and binding on the employee and on the City. (k) Copies of the appeal, the answer to the appeal, and the written decision of the Personnel Board shall become a part of the personnel file of the appealing employee. (Ord. 537) 23.35.040 Grievance Procedure: (a) The City shall promptly consider and equitably adjust employee grievances relating to employment 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. (b) The following steps shall be followed in submitting and processing a grievance: (1) Step 1 -- The aggrieved employee or group of employees shall orally present the grievance to the immediate supervisor within five (5) working days of the occurrence, not including the date of presentation. (2) 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 five (5) working days after the supervisor's oral reply is given, not including the day that the answer is given. (3) Step 3 -- If the grievance is not settled in Step 2, the written grievance shall be presented along with all pertinent correspondence, records, and information accumulated to date to the City Manager within seven (7) working days after the department head's response is given, not including the day that the response is given. The City Manager shall meet with the aggrieved employee or group of employees, the immediate supervisor and the department head. The City Manager shall reply to the grievance in writing within seven (7) working days of the date of presentation of PAGE 21 OF EXHIBIT "A" � the written grievance. The decision of the City Manager shall be final and binding on the employee or group of employees. (c) If the grievance procedures are not initiated within the time limits established by this section, the grievance shall be considered not to have existed. (d) Any grievance not taken to the next step of the grievance procedure shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this section. (e) 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 grievance on the last step of the grievance procedure within the time limits prescribed for such action by this section, it shall be deemed that the City has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly. (f) The time limits prescribed in this section for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties involved. No employee shall be disciplined or discriminated against in any way because of the employee's proper use of the grievance procedure. (Ords. 336, 537) 23.35.050 Resignation: (a) To resign in good standing, an employee shall give the appointing authority not 'less than ten (10) working days prior notice of such resignation unless the appointing authority agreed to permit a shorter period of notice because of extenuating circumstances. The notice of resignation shall be in writing and shall contain the reasons for leaving the City service. (b) 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. (Ords. 336, 537) 23.35.060 Re -Employment: (Ords. 336, 537, Repealed Ord. 1254) 23.35.070 Cost Consciousness: (a) City employees shall practice every economy possible in the discharge of their duties. (b) Employees are encouraged to recommend to their supervisors work procedures which will result in a cost saving or improved service to the public. (Ords. 336, 537) PAGE 22 OF EXHIBIT "A" 23.35.080 Safety: (a) The City Manager shall be responsible for the development and maintenance of a safety program, equal. to, but not limited to, OSHA requirements. Such program shall include safety regulations and discipline controls. (b) Department heads, supervisors, and employees shall guard the safety of themselves, fellow employees, and the public. (c) When accidents occur on City property, the employee shall contact his supervisor immediately and the supervisor shall complete an accident form. In case of a motor vehicle accident, the Police Department shall also be notified immediately. (d) The City Manager shall be notified of all accidents involving City employees and City equipment as soon as possible and not later than the next work day. (Ords. 336, 537) 23.35.090 Legal Liability: (a) Employees shall abide by all laws and regulations which govern the performance of their duties, and shall perform their duties as reasonable, prudent persons. Defense of legal claims against an employee relating to an official status with the City, shall be the responsibility of the City. (b) If an employee is grossly negligent in the performance of duties and responsibilities and if an accident results from such negligent performance of duties and responsibilities or if a court of law finds that the employee willfully exceeded his scope of duty and responsibility, the employee may be held personally and legally liable. (Ord. 336, 537) Chapter 23.40 BENEFITS Sections: 23.40.010 General. 23.40.020 Holidays. 23.40.030 Annual Leave. 23.40.040 Terminal Leave. 23.40.050 Leave of Absence Without Pay. 23.40.060 Leave of Absence With Pay. 23.40.070 Educational Opportunities. 23.40.080 Retirement. 23.40.090 Retirement Age. 23.40.095 Supplemental Retirement. 23.40.100 Social Security. 23.40.110 Industrial Accidents. 23.40.120 Medical and Hospital Insurance. 23.40.130 Maternity Leave. PAGE 23 OF EXHIBIT "A" 23.40.010 General: All [REGULAR] non -temporary full-time[, REGULAR] and non -temporary part-time (15 hours and over per week) classified employees are entitled to the following benefits, except for Medical and Hospital insurance which shall be available to non - temporary employees working no less than 25 hours per week, as specified in this article. (Orris. 336, 537) 23.40.020 Holidays: (a) [ALL REGULAR] [E]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. (1) New Year's Day (2) Washington's Birthday (the third Monday in February) (3) Memorial Day (the last Monday in May) (4) Independence Day (5) Labor Day (6) Alaska Day (7) Veteran's Day (8) Thanksgiving Day (9) Day after Thanksgiving (10) Christmas Day (11) A floating holiday subject to individual choice of each employee with five (5) working days notice to, and approval of, his immediate supervisor. (b) If any such holiday falls on a Sunday, the following Monday shall be given as a holiday. If such holiday falls on a Saturday, the preceding Friday shall be given as a holiday. (c) Public Safety and Sewer Treatment Plant employees who normally wg)rk holidays shall receive in December payment for authorized holidays at 1-1/2 times their normal hourly pay (for that portion of the calendar year during which they were employed) as follows: Fire[FIGHTERS] (56 hours week) - 11.2 hours pay per holiday. Fire, Police and Dispatch[ERS] (40-hour week) - eight (8) hours pay per holiday. Sewer Treatment Plant Employees (40-hour week) - eight (8) hours pay per holiday. Holidays which occur during vacation shall be charged against such leave. (Ords. 336, 482, 537, 614, 639, 1044) 23.40.030 Annual Leave: (a) Accrual rate: (1) [REGULAR] [F]Full-time classified [AND EXEMPT] employees except[ING FIREFIGHTERS] certain Fire Department employees: 16 hours per month - first two (2) years of service. 18 hours per month - three through five years of service. 20 hours per month - six through ten years of service. 22 hours per month - more than ten years of service. PAGE 24 OF EXHIBIT "A" (2) Fire[FIGHTERS - FIRE ENGINEERS] (Based on a 56-hour week): 22.4 hours per month - first two years of service. 25.2 hours per month - three through five years of service. 28.0 hours per month - six through ten years of service. 30.8 hours per month - more than ten years of service. (Ord. 1044) (b) Annual leave is charged on an hour -for -hour basis; i.e., normal work day of eight (8) hours would be charged at eight hours annual leave; 12 hour work day, 12 hours annual leave; ten hour work day, ten hours annual leave; 24 hour work day, 24 hours annual leave. (c) Leave continues to accrue during the period of time an employee is on paid leave except during periods of terminal leave (leave time after which the employee does not intend to return to work). Leave does not accrue during periods of leave without pay. (d) Accrued and unused leave may be carried over from one year to the next for the purpose of accumulating an annual leave account or reserve. The maximum leave hours that may be accrued is 640 hours for [REGULAR] classified and exempt, and 896 hours for Fire[FIGHTERS] Department employees working the 56-hour week. (Ord. 1044) (e) Annual leave may be used for any purpose desired by the employee. Incidental absences for sickness as unplanned are not controllable. However, planned absences must be coordinated with and approved by the appropriate department head. (f ) It is required that each employee use a minimum of 80 hours of leave per calendar year for employees working 40 hours per week, and 112 hours for employees working the equivalent of 56 hours per week, and affect appropriate coordination with the department head. If actual hours used are less than the minimum requirement, then the difference shall be deducted from available leave hours without any compensation to the employee. (Ord. 1044) (g) Excess leave above the amount authorized for accrual [Paragraph 3(d) above] existing on December 31st 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 [FROM] for the desires of the employees and the work requirements facing the department. Vacation schedules may be amended to allow the department to meet emergency situations. (i) In the event of significant illness or injury not covered by Workman's Compensation, an [INDIVIDUAL PERMANENT] employee on exhausting annual leave may, with the approval of the City Manager, borrow up to a six-month entitlement (i.e., 6 x 16 hours) to avoid a no -pay status. PAGE 25 OF EXHIBIT "A" (j) [REGULAR P]Part-time employees working fifteen (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. (Ords. 336, 537, 632, 896) 23.40.040 Terminal Leave: Upon separation during initial probation (first six months for Police and Fire), accrued annual leave shall not be granted nor paid to the employee. In other separations, accrued leave shall 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] the resignation/ separation is signed by the employee. (Ords. 336, 537) 23.40.050 Leave of Abagnce Without Pay: (a) Leave without pay may be granted to an employee upon recommendation of the department head and approval of the City manager for up to 180 days. Each request for such leave shall be considered in the light of the reasons for the request and of the needs of the organization. Leave of absence without pay is not authorized or permitted for other employment. Leave without pay shall not be requested nor granted until such time as all accrued annual leave has been exhausted, except when an employee is absent and drawing Workman's Compensation pay. (b) If an employee uses more than thirty (30) days total leave without pay during his leave year, his merit anniversary and length of service dates shall be advanced on the calendar as follows: The number of days the leave without pay exceeds thirty (30) days are added to the anniversary date to arrive at an extended anniversary date. A new anniversary date is then established on the first day of the month closest to the extended anniversary date. (c) During a period of leave without pay, the employee'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. (Ords. 336, 537, 1204) 23.40.060 Leave of Absence With Pay: Employees may request leave of absence with pay for: (1) Witness or Jury Duty: When a City employee is called for jury duty or is subpoenaed as a witness, he shall not suffer any loss of his regular City compensation during such absence; however, he shall be required to transfer any compensation he receives for the performance of such duty to the City. Time not worked because of such duty shall not affect annual leave accrual. (2) Military Leave: An employee who has successfully completed the probationary period and who is a member of the National Guard or a reserve component of the Armed Forces of PAGE 26 OF EXHIBIT "A" 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 fifteen (15) calendar days in any one calendar year. Such leave shall be grated without loss of time, pay (difference between regular and military pay including COLA, but not including other regular allowances), or other leave, and without impairment of merit ratings or other rights or benefits to which he is entitled. Military leave with pay shall be granted only when an employee receives bona fide orders to temporary active or training duty, and shall not be paid if the employee does not return to his position immediately following the expiration of the period for which he was ordered to duty. (3) Conferences and Conventions: Decisions concerning attendance at conferences, conventions, or other meetings at City expense shall be made by the department heads with the approval of the City Manager. Permission shall be granted on the basis of an employee's participation in or the direct relationship of his work to the subject matter of the meeting. Members of professional societies may be permitted to attend meetings of their society when such attendance is considered to be in the best interest of the City. (Ords. 336, 537) 23.40.070 Educational Opportunities: (a) The City shall reimburse an employee for the full amount of tuition for courses directly related to the employee's work and conducted outside the employee's regular working hours, provided that: (1) Funds for such expenditures are available in the current budget; (2) The employee has made application for approval of the course to his department head and the department head subsequently gives such approval; and, (3) The employee submits evidence of satisfactory completion of the course; and, (4) The employee is not receiving reimbursement for tuition from any other source. (b) Courses which are only offered during regular working hours may be approved by the department head with full tuition reimbursement therefor provided time off can be arranged conveniently and reasonable arrangements can be made to make ,)p 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. PAGE 27 OF EXHIBIT "A" i (d) Normally, the cost of textbooks and technical publications required for such courses shall be the responsibility of the employee. If the City purchases any of the textbooks and publications for such courses, and textbooks and publications shall become the property of the City. (Ords. 336, 537) 23.40.080 Retirement: [ALL FULL-TIME EMPLOYMENT E]Employees are required to participate in the State Public Employees Retirement System. See PERS Handbook for details. (Ords. 336, 537) 23.40.090 Retirement Age: As authorized and required by Public Employees Retirement System. (Ords. 336, 537) 23.40.095 Supplemental Retirement: All [PERMANENT] employees 21 years of age or older with six months of service regularly scheduled to work fifteen (15) hours or more per week shall be eligible to participate in a supplemental retirement program to be selected by the City Manager. The City's contribution on behalf of each eligible employee shall be four percent (4%) of the first $37,500 of base wages earned in a calendar year. The contribution shall not apply to additional compensation to employees, such as overtime pay, holiday pay, and qualification pay. (Ord. 931, 1317- 89) 23.40.100 Social Security: Employees hired after April 1, 198.6 miist participate in the Medicare portion of Social Security taxes, as required by the Federal government. (Ords. 336, 537; Repealed 743) 23.40.110 Industrial Accidents: All employees shall be covered under the State of Alaska Workmen's Compensation program for industrial accidents and disease. Benefits include medical treatment and care as well as disability compensation during the periods of time lost from the job. (Ords. 336, 537) 23.40.120 Medical and Hospital Insurance: Medical and hospital insurance shall be provided by a group policy for all employees [AND DEPARTMENTS AT NO COST TO THE EMPLOYEE] with all premiums paid by the City. Life, major medical, hospitalization, dental, and vision insurance are included as part of Group Insurance. (Ords. 336, 537) 23.40.130 Maternity Leave: %a) Immediately preceding and following childbirth, an employee is entitled to take a total of nine 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 nine weeks. PAGE 28 OF EXHIBIT "A" (b) Upon application and under extenuating circumstances, additional leave may granted by the appointing authority. A physician's certificate shall be required to support the additional leave request. Where a maternity leave of absence is taken in accordance with this section, the employee shall accumulate service credit during such paid leave of absence. (Ords. 336, 537) Chapter 23.45 PERFORMANCE EVALUATION Sections: 23.45.010 Purpose. 23.45.020 Periods of Evaluation. 23.45.030 Performance Evaluators. 23.45.040 Review of Performance Reports. 23.45.050 Unsatisfactory evaluation. 23.45.060 Performance Valuation Appeal. 23.45.010 Purpose: The primary purpose of the employee performance evaluation program is to inform employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluation shall also be considered in decisions affecting salary advancement, promotions, demotions, dismissals, order of layoff, order of re- employment, placement, and training needs. (Ords. 336, 537) 23.45.020 Periods of Evaluation: Each employee in the classified service shall have his performance evaluated at the following periods: (a) End of probationary period: Each employee shall be evaluated thirty (30) days prior to the completion of his probationary period. The employee must have an overall evaluation of at least "satisfactory" in order to become permanent. (b) Annual: Each employee shall receive an annual performance evaluation thirty (30) days prior to his anniversary date. (c) Time of separation: Each employee shall be evaluated at the time of separation and such record shall become part of his permanent personnel file. (Ords. 336, 537) PAGE 29 OF EXHIBIT "A" 1 23.45.030 Performance Evaluators: (a) Rating Officer: The rating officer shall normally be the employee's immediate supervisor. The rating officer shall be responsible for completing a performance evaluation report at the time prescribed for each employee under his supervision. (b) Reviewing Officer: The reviewing officer shall normally be the rating officer's immediate supervisor or department head. The reviewing officer shall review the performance evaluation report completed by each rating officer under his jurisdiction before the report is discussed with the employee. The reviewing officer shall consider the performance evaluations completed by the rating officer in evaluating the rating officer's performance. (Ords. 336, 537) 23.45.040 Review of Performance Reports: The rating officer shall discuss the performance evaluation report with the employee before the report is made part of the employee's permanent record. If the rating officer plans to recommend the denial of an in -grade salary increment or recommend an extraordinary increment, the report must be discussed with the reviewing officer and the City Manager prior to review with the employee. (Ords. 336, 537) 23.45.050 Unsatisfactory Evaluation: Employees who receive an overall rating of "unsatisfactory" on their annual evaluation shall not be eligible to receive an in -grade salary increment. Employees who receive two consecutive overall ratings of "unsatisfactory" shall be subject to dismissal. (Orris. 336, 537) 23.45.060 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: (a) Step 1. If, after a review of his performance valuation report with the rating officer, the employee feels that the report is unfair, he may request a meeting with the reviewing officer by checking the appropriate section on the report. The rating officer will then immediately forward the report to the reviewing officer who will arrange to meet with the employee within five (5) working days after receiving the report. The reviewing officer will then forward a decision in writing to the employee within five (5) working days after the date of their meeting. (b) Step 2. In the event that the employee is dissatisfied with the decision of the reviewing officer, he may, within five (5) working days of receipt of the decision, appeal his performance evaluation report, in writing, to the City Manager. The Citv Manager shall, within five (5) working days, meet and PAGE 30 OF EXHIBIT "A" discuss the report with the employee. The City Manager will, in writing, make a decision within ten (10) working days from the date of their meeting. The decision of the City Manager will be final. (Ords. 336, 537) Chapter 23.50 CLASSIFICATION PLAN Section• 23.50.010 Employee Classification. 23.50.010 Employee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: CLASS CODE CLASS TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 24 106 Police Chief* 22 107 Fire Chief* 22 108 Senior Accountant 19 109 City Engineer 19 110 Code Enforcement Officer 17 ill Airport Manager* 17 112 Land Manager 17 113 Deputy City Attorney 16 114 Dock Manager 13 115 Personnel Officer 16 (b) ADMINISTRATIVE SUPPORT 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant 1 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Secretary I 9 208 Legal Secretary II 209 Legal. Assistant 15 PAGE 31 OF EXHIBIT "A" 210 Administrative Assistant II 9 211 Administrative Assistant III 12 212 Department Aide 1 (c) PUBLIC SAFETY 301 Assistant Fire Chief 18 302 Fire Fighter 13 303 Police Lieutenant 18 304 Police Sergeant 16 305 Police Officer 14 306 Dispatcher 8 307 Fire Engineer 15 308 Correctional Officer I 11 309 Correctional Officer II 12 310 Correctional Officer III 14 311 Fire Captain 16 312 Fire Marshall 17 313 Communications Supervisor 11 314 Police Trainee 13 (d) PUBLIC WORKS 401 Building Inspector 15 402 Shop Foreman 16 403 Street and Airport Foreman 15 404 Sewer Treatment Plant Operator I 13 405 Water & Sewer Operator I 12 406 Mechanic Helper 12 407 Equipment Operator I** 11 408 Mechanic 14 409 Street and Airport Leadman 12 410 Water & Sewer Foreman 13 411 Chief Animal Control Officer 10 412 Maintenance Worker 10 413 Sewer Treatment Plant Operator II 14 **Duties include any activities directed for maintenance of City properties in addition to equipment operation. (e) SOCIAL SERVICES 501 Librarian* 17 502 Senior Citizen Program Director* 17 503 Parks & Recreation Director* 17 .PAGE 32 OF EXHIBIT "A" *Department Directors (Ords. 336(a), 414, 440, 458, 503, 537, 574, 641, 647, 815, 858, 929, 1046, 1172, 1173, 1198, 1210, 1258-88, 1260-88, 1324-89) Chapter 23.55 PAY PLAN Sections: 23.55.010 Exempt Salaries. 23.55.020 Salary Structure By Grade. 23.55.030 Qualification Pay. 23.55.040 Uniform Allowance. 23.55.050 Hourly Rates - Part -Time Employees. 23.55.010 Exempt Salaries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council and may be set by motion of Council. (Ords. 336(a), 385, 414, 503, 537, 1069, 1260) 23.55.020 Salary Structure by Grade: (a) Salary structure by grade is hereby established in accordance with the table that is appended to this Title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the Code at the end of this Title. (b) On completion of the probationary period, each employee shall be advanced one step. At succeeding anniversary 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 two years. (Ords. 336(a), 414, 503, 513, 537, 568, 675, 770, 859, 933) 23.55.030 Oualification Pay: (a) In recognition of professional development, personal time, and effort of the individual to achieve same, the following annual recognition entitlement is authorized, payable on a pro rata monthly basis. (b) Thls recognition entitlement is not considered when calculating hourly rates for annual leave or holiday pay. (Ord. 1114) (1) Police Department: Certification in accordance with State of Alaska Certification Standards. PAGE 33 OF EXHIBIT "A" Police Officer Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Sergeant Intermediate Certification $ 900/year Advanced Certification $1,800/year Police Lieutenant Advanced Certification $1,800/year (2) Fire Department: [i] Recognition entitlement for an associate degree in fire science is $480 per year. Eligible grades are firefighter, engineer, and captain. [ii] Recognition entitlement for EMT certification for eligible grades of firefighter, engineer, and captain are as follows: EMT I Instructor EMT II EMT III EMT -Paramedic (Ord. 1040) $ 250/year $ 500/year $1,000/year (in- cludes EMT II pay) $1,500/year (in- cludes EMT II and III pay) (3) Water and Sewer Utility: Certification in accordance with the State of Alaska Certification Standards: W & S II W & S III (Ords. 414, 503, 537, 681) $ 300/year $ 480/year 23.55.040 Uniform Allowance: (a) The following annual allowances are established to defer the cost of uniform cleaning, maintenance, and replacement for second and succeeding years of service: [JAIL - $3001 Police - $500 Fire - $400 Animal Control - Dispatch - Payment shall be made based on pro rata service and and January installments. (Ord. 1047) (b) On hiring, the respective department head from stock or purchase from appropriate funds a basic equipment issue. PAGE 34 OF EXHIBIT "A" $300 $300 paid in July shall issue uniform and (c) (DEPARTMENT OF] Public Works departments, Water & Sewer, and Animal Control personnel shall be authorized (BY] to purchase from appropriated funds, safety shoes, hard hats, and other OSHA required items. Laundry service will also be provided for those clothing items furnished. (Ords. 336-77(a), 414, 503, 537, 683, 771) 23.55.050 Hourly Rates - Part -Time Employees: Hourly rates for part-time employees (with various experience, skills, and responsibilities) are hereby established in accordance with the table that is appended to this Title and which may be amended, modified, or replaced by ordinance, in which case a copy of the amended, modified, or replacement table shall be substituted for the prior table and placed in the Code at the end of this Title. (Ords. 336-77(a), 414, 503, 537, 568, 675, 770, 859, 933) 23.55.060 Stand -By Pay: (a) Where employees are regularly placed on a stand-by status on a day when they are scheduled to be off duty, they shall be entitled to two (2) hours pay for such stand-by status. (b) To be eligible for stand-by pay, an employee must formally be placed on stand-by status, with the approval of the City Manager, and the proper documentation indicating such approval placed in the employee's personnel records. An employee in stand- by status must be available for call -outs and must be in a location whereby the responsible City personnel can communicate with him or her. (Ords. 503, 537) 23.55.070 Call -Out Pay: When employees are called out to work outside of normal working hours, they shall be paid a minimum of two (2) hours pay at overtime rates. Overtime hours worked immediately prior to, or after, normal working hours will not be considered as a "call -out." (Ords. 503, 537) PAGE 35 OF EXHIBIT "A" CITY OF KENAI SALARY STRUCTURE BY GRADE 7-1-88 RANGE A 8 C D E F AA SB CC 1 12,158 12,462 12,766 13,070 13.374 23,678 13,982 14,286 14,590 2 14,363 14,722 . 15,061 15,440 15,799 ••16,158 16,517 16,876 17,235 3 20,116 20,619 21,122.-, 21,625 22,128 22,631 23,134 23,637 24,140 4 21,122 21,650 22,178 22,706 23,234 23,762 24,290 24,818 25,346 5 22,179 22,733 23,287 23,841 24,395 24,949 25,503 26,057 26,611 6 23,289 23,871 24,453 25,035 25,617 26,199 26,781 27,363 27,945 7 24,459 25,070 25,681 26,292 26,903 27,514 28,125 28,736 29,347 8 - 25,690 26,332 26,974 27,616 28,258 28,900 29,542 30.184 30,826 9 26,964 27,638 28,312 28,986 29,660 30,334 31,008 31,682 32,356 10 28,307 29,015 29,723 30,431 31,139 31,847 32,555 33,263 33,971. 11 29,719 30,462 31,205 31,948 32,691 33,434 34,177 34,920 35,663' 12 31,218 31,998 32,778 33,558 34,338 35,118 35,898 36,678 37,458 13 32,758 33,577 34,396 35,215 36,034 36,853 37,672 38,491 39,310 14 34,417 35,277 36,137 36,997 37,857 38,717 39,577 40,437 41,297 15 36,139 37,042 37,945 38,848 39,751 40,654 41,557 42,460* 43,363-- 16 37,928 38,876 39,824 40,772 •41,720 42,668 43,616 44,564 45,512 17 39,831 40,827 41,823 42,819 43,815 44,811 . 45,807 46,803 47,799 18 41,822 42,868 43,914 44,960 46,006 47,052 48,098 49,144 50,190 19 43,903 45,001 46,099 47,197 48,295 49,393 50,491 51.589 52,687 20 46,119 47,272 48,425 49,578 50,731 51,884 53,037 54,190 55,343 21 48,427 49,638 50,849 52,06U 53,271 54,482 55,693 56,904 58,115 22 50,818 52,088 53,358 54,628 55,898 57,168 58,438 59,708 60,978 23 53,367 54,701 56,035 57,369 58,703 60,037 61,371 62,705 64,039 24 56,108 57,511 58,914 6U,317 61,720 63,123 64,526 65,929 67,332 l PAGE 36 OF EXHIBIT "A" PART-TIME HOURLY RATES PT-1 5.13 PT-2 5.49 PT-3 5.84 PT-4 6.21 PT-5 6.54 PT-6 6.91 PT-7 7.26 PT-8 8.48 PT-9 9.61 PAGE 37 OF EXHIBIT "A" Suggested By: Fire Department CITY OF KENAI ORDINANCE 1345-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 8.05.010 TO ADOPT THE LATEST EDITIONS OF THE NATIONAL FIRE CODES AND THE UNIFORM FIRE CODE. WHEREAS, the Council of the City of Kenai previously adopted by reference the 1986 Edition of the National Fire Codes and the 1985 Edition of the Uniform Fire code; and, WHEREAS, new editions of the National Fire Codes has been promulgated for 1989 and the Uniform Fire Code has been promulgated for 1988; and, WHEREAS, it would be most beneficial and in the best interest of the City if the latest codes be adopted to keep the City updated with all fire safety codes. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Pursuant to the provisions of Section 2-14 of the Charter of the City of Kenai, the National Fire Codes, 1989 Edition, consisting of eleven volumes, promulgated by the National Fire Protection Association is hereby adopted and incorporated by reference as part of the ordinances of the City of Kenai. Section 2: Pursuant to the provisions of Section 2-14 of the Charter of the City of Kenai, the Uniform Fire Code of 1988, is hereby adopted and incorporated by reference as a part of the ordinances of the City of Kenai. Section 3: That in order that the Municipal Code of Ordinances of the City of Kenai reflect the adoptions by reference set forth above, KMC 8.05.010 is hereby amended as follows: -1- 8.05.010 Adoption of Fire Prevention Standards: (a) The City hereby adopts the following fire prevention standards: (1) The NATIONAL FIRE CODES of [NINE] eleven volumes, [1986] 1989 Edition, of the National Fire Protection Association; (2) (Repealed by Ord. 798); (3) That certain bound volume known as the Uniform Fire code of [1985] 1988. (b) The above codes are available for inspection and use by the public in the Public Safety Building in an office designated by the Fire Chief. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of December, 1989. ATTEST: Janet Ruotsala, City Clerk (11/28/89 - cif) JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: -2- December 6, 1989 December 20, 1989 January 20, 1990 N•s Suggested By: Building Official CITY OF KENAI ORDINANCE 1346-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 4 OF THE KENAI MUNICIPAL CODE ENTITLED, "UNIFORM BUILDING CODE" TO ADOPT AND INCORPORATE BY REFERENCE THE 1988 AND 1990 EDITIONS OF CERTAIN CODES. WHEREAS, the International Conference of Building Officials and the National Fire Protection Association have updated the codes promulgated by them. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the 1988 Editions of the Uniform Building Code; the Uniform Building Security Code; the Uniform Code for the Abatement of Dangerous Buildings; the Uniform Sign Code; the Uniform Mechanical Code and the 1990 Edition of the National Electrical Code as amended by the City of Kenai and the State of Alaska, are adopted by reference and incorporated in the Kenai Municipal Code, Title 4, as stated in Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: December 6, 1989 Second Reading: December 20, 1989 Effective Date: January 20, 1990 (11/28/89 - clf) Chapters: 4.05 4.06 I.10 4.15 4.20 4.25 4,30 4.35 4.40 Sections: 4.05.010 4.05.020 4.05.030 4.05.040 4.05.050 4.05.060 4.05.070 4.05.080 4.05.090 4.05.100 4.05.110 4.05.120 4.05.130 4.05.140 4.05.145 4.05.150 TITLE 4 UNIFORM BUILDING CODE Uniform Buildina Code Chapter 4.05 UNIFORM BUILDING CODE Adoption. Building Official. Permit Fees. Exit Facilities (Repealed). Snow Load (Repealed). Wind Pressure. (Repealed) Foundation Ventilation. (Repealed) Exits. (Repealed) Energy Conservation in New Building Construction (Repealed). Special Hazards -Section 608 (Repealed). Special Hazards -Section 708 (Repealed). Special Hazards -Section 808 (Repealed). Special Hazards -Section 1008 (Repealed). Asphalt Shingles (Repealed). Group R, Division 3 Occupancies. Appendix Group R, Division 3 Occupancies. 4.05.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures, including permits and penalties, that certain bound volume known as the "Uniform Building Code," [19851 1988 Edition, of the PAGE 1 - ATTACHMENT "y" International Conference of Building Officials, including the appendices, except for such portions as are herein deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (KC 4-1; Ords. 97, 162, 269, 395, 542, 839, 1118) 4.05.020 Building Official: (a) The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Building Code, adopted by KMC 4.05.010 provided that the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (b) The City Administrator shall be ex-officio building official unless he appoints another person to the Building Official. The authorized representatives of the Building Official referred to above, when and if appointed, shall be appointed by the City Administrator. (KC 4-3; Ords. 97, 162, 269, 395, 542) 4.05.030 Permit Fees: The first paragraph of Section 304(a) of the Building Code adopted by this chapter is amended to read as follows: "Sec. 304(a) Buildina Permit Fees. The fee for each building permit shall be paid to the City as set forth in Table No. 3-A [OF SECTION 303 OF THE 1976 EDITION] of the Uniform Building Code, except that fees for new 1 construction of Group R-3 and Group M-1 occupancies, or portions thereof as follows: (1) Group R-3-------- $0.14 per square foot (2) Group M-1-------- $0.07 per square foot" (KC 4-5; Ords. 97, 162, 269, 395, 542, 479, 1118) 4.05.040 Exit Facilities: [SEC. 1204, EXITS AND EMERGENCY ESCAPES, OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE LAST SENTENCE OF THE THIRD PARAGRAPH AND SUBSTITUTING THE FOLLOWING: "WHERE WINDOWS ARE PROVIDED AS A MEANS OF ESCAPE OR RESCUE, THEY SHALL HAVE A FINISHED SILL HEIGHT NOT MORE THAN 48 INCHES ABOVE THE FLOOR."] (Ords. 395, 542, 555, 839, 1118, 1123) 4.05.050 Snow Load: [SEC. 2305(D) OF THE BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE LAST SENTENCE IN PARAGRAPH 2 AND SUBSTITUTING THE FOLLOWING: "THE BASIC DESIGN SNOW LOAD SHALL BE 40 POUNDS PER SQUARE FOOT ON THE HORIZONTAL PROJECTION OF THE ROOF."] (Ords. 97, 162, 269, 395, 542) 4.05.060 Wind Pressure: (Ords. 162, 269, 395, 542, Repealed 839) PAGE 2 - ATTACHMENT "A" 4.05.070 Foundation Ventilation: (Ords. 97, 162, 269, 395, Repealed 542) 4.05.080 Exits: (Ords. 97, 269, 395, Repealed 542) 4.05.090 Energy Conservation in New Building Construction: [APPENDIX CHAPTER 53 OF THE BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED BY ADDING SECTIONS 5302 AND 5303 WHICH SHALL READ: "SEC. 5302 VAPOR.A A VAPOR BARRIER OF 4 MIL POLYETHYLENE OR EQUAL SHALL BE APPLIED TO THE WARM SIDE OF INSULATED AREAS."] "Sec. 5303 AlteraAte §tilndards: [COMPLYING WITH ASHRAE STANDARD 90-75 WILL BE CONSIDERED AS COMPLYING WITH THIS CHAPTER."] (Ord. 542, 1123) 4.05.100 Special Hazards -Section 608: [SECTION 608 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED TO READ: "EXCEPTION: BOILERS, CENTRAL HEATING PLANTS OR HOT WATER SUPPLY BOILERS WHERE THE COMBINED PIECES OF FUEL EQUIPMiENT DO NOT EXCEED 400,000 BTU PER HOUR INPUT."] (Ord. 542, 1123) 4.05.110 Special Haz§�Kdg-Section 708: [SECTION 708 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED TO READ: "EXCEPTION: BOILERS, CENTRAL HEATING PLANTS OR HOT WATER SUPPLY BOILERS WHERE THE COMBINED PIECES OF FUEL EQUIPMENT DO NOT EXCEED 400,000 BTU PER HOUR INPUT."] (Ord. 542, 1123) 4.05.120 Special I za,jIs-Section 808: [SECTION 808 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE EXCEPTION.] (Ord. 542) 4.05.130 Special liazgrds-Section 1008: [SECTION 1008 OF THE UNIFORM BUILDING CODE AS ADOPTED BY THIS CHAPTER IS AMENDED TO READ: "EXCEPTION: BOILERS, CENTRAL HEATING PLANTS OR HOT WATER SUPPLY BOILERS WHERE THE COMBINED PIECES OF FUEL EQUIPMENT DO NOT EXCEED 400,000 BTU PER HOUR INPUT."] (Ord. 542, 1123) 4.05.140 Asphalt Shingles: UNIFORM BUILDING CODE ADOPTED BY DELETING THE SECOND SENTENCE OF THE FOLLOWING: PAGE 3 - ATTACHMENT "A" [(A) SEC. 3203(D)(3)(B) OF THE THIS CHAPTER IS AMENDED BY THE PARAGRAPH AND SUBSTITUTING "ASPHALT SHINGLES SHALL BE FASTENED ACCORDING TO MANUFACTURER'S INSTRUCTIONS TO SOLIDLY SHEATHED ROOFS, BUT NOT LESS THAN SIX (6) FASTENERS PER EACH STRIP SHINGLE NOT MORE THAN NOMINAL THIRTY-SIX (36) INCHES WIDE AND TWO (2) NAILS PER EACH INDIVIDUAL SHINGLE NOT MORE THAN EIGHTEEN (18) INCHES WIDE SHALL BE USED." (B) TABLE NO. 32-B OF THE UNIFORM BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED BY DELETING THE LINE NUMBER 7 PERTAINING TO ASPHALT SHINGLES AND SUBSTITUTING THE FOLLOWING: 17. ASPHALT SHINGLES 4:123 ZONE TYPE 15 FELT APPLIED 16 PER 36 INCH STRIP 14 11213/81 1 ` IPER SECTION 3203(B)3A 2 PER 18 INCH SHINGLE ( 1 4.05.145 1;4ul or the unirorm gu ia ng uooe as as amended by deleting the last paragraph. Chapter 4.06 UNIFORM BUILDING SECURITY CODE Sections: 4.06.010 Adoption. 4.06.020 Building Official. Section 4.06.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for building security that certain code known as the "Uniform Building Security Code," [19851 1988 Edition, of the International Conference of Building Officials, except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ord. 839, 1118) 4.06.020 Building Official: The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by Uniform Building Security Code adopted by KMC 4.06.010 provided that the said powers, duties, and functions may be perforrled by authorized representatives of the Building Official and under his supervision and control. (Ord. 839) PAGE; 4 - ATTACHMENT "-I" Chapter 4.10 UNIFORM CODJ FOR --THE ABATEMENT OF DAKSERQU B'UILD AiGS Sections• 4.10.010 Adoption. 4.10.020 Building Official. 4.10.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for the abatement of dilapidated, defective buildings which endanger life, health, property, and public safety, that certain code known as the "Uniform Code for the Abatement of Dangerous Buildings," [1985] 1988 Edition, of the International Conference of Building Officials, except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 45, 2691 395, 542, 839, 1118) 4.10.020 Building Official: The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Code for the Abatement of Dangerous Buildings, adopted by RMC 4.10.010 provided that the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 269, 395, 542) Chapter 4.15 UNIFORM SIGN CODE Sections• 4.15.010 Adoption. 4.15.020 Building Official. 4.15.030 Fees. (Repealed) 4.15.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations to promote the development of better sign construction and to provide minimum standards to safeguard life, health, property, and public welfare, by regulating structural requirements for all signs and sign structures located outside of buildings, that certain code known as the "Uniform Sign code," [19851 1988 Edition, of the International Conference of Building Officials, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Orris. 269, 395, 542, 839, 111.8) PAGE 5 - ATTACHMENT "A" 4.15.020 Buildina Official: The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Sign Code adopted by KMC 4.15.010 provided that the powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 269, 395, 542) 4.15.030 Fees: (Ords. 269, 395, 542, 579, Repealed 1118) Chapter 4.20 UNIFORM MECHANICAL CODE Sections• 4.20.010 Adoption. 4.20.020 Building Official. 4.20.030 Fees. 4.20.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, that certain code known as the "Uniform Mechanical Code," (1985] 1988 Edition, of the International Conference of Building Officials, including the appendices, except for such portions as are hereafter (DELETING] deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 64, 269, 395, 542, 839, 1118) 4.20.020 Building Official: The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Mechanical Code adopted by KMC 4.20.010, provided that the powers, duties and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ords. 64, 269, 395, 542) 4.20.030 Fees: sec. this chapter is amended to "If a building permit considered as paid as such building permit apply." 304 of the Mechanical Code adopted by add the following: is issued, these fees shall be a part of such permit fee. If no is issued, then Sec. 304 shall (Ords. 150, 269, 395, 542, 1118) PAGE 6 - ATTACHMENT "A" Chapter 4.25 UNIFORM Pb�RKBING CODE Sections: 4.25.010 Adoption. 4.25.020 Fees. 4.25.030 Minimum Standards. (Repealed) 4.25.040 Plumbing Material Standards. 4.25.050 Sewer Required. (Repealed) 4.25.060 Vent Termination. (Repealed) 4.25.070 Protection of Piping Materials and Structures. 4.25.080 Air Chambers. (Repealed) 4.25.010 Adoption: There is hereby adopted for the purpose of establishing rules and regulations for the qualification of persons engaged in the business of plumbing and the installation, alteration, or repair of plumbing systems, that certain bound volume known as the "Uniform Plumbing Code," 1982 Edition, of the International Association of Plumbing and Mechanical Officials, including the appendices, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 64, 269, 395, 542, 839) 4.25.020 Fees: Sec. 20.7 of the Plumbing Code adopted by this chapter is amended to add the following: "If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule set forth herein shall apply." (Ords. 64, 269, 395, 542) 4.25.030 Minimum Standards: (Ords. 64, 269, 395, 542, Repealed 839) 4.25.040 Plumbina Material Standards: Table A of Chapter 2 of the Plumbing Code, adopted by this chapter, is amended by deleting therefrom the following: (a) "Homogenous bituminized fiber drain and sewer pipe." (b) "Polybutylene piping." (c) "Polyethylene building supply (water service lines) (installation)." (Ords. 64, 269, 395, 542, 839) 839) 4.25.050 Sewer Required: (Ords. 269, 395, 542, Repealed 4.25.060 Vent Termination: (Ords. 269, 395, Repealed 542) PAGE 7 - ATTACHMENT "A" 4.25.070 Protection of Pining Materials and Structures: Sec. 315 of the Plumbing Code adapted by this chapter is amended to add the following: "(g) Water service pipe shall have the thaw wire connected at the water main, and brought to the surface at the curb stop or other convenient location. Such wire shall not be smaller than 2/0 AWG." (Ords. 269, 395, 542) 4.25.080 Air Chambers: (Ords. 126, 269, 395, Repealed 542) Chapter 4.30 NATIONAL EL-ECTRICAL CODE Sections: 4.30.010 Adoption. 4.30.020 Wiring Requirements (Repealed). 4.30.030 Electrical Permit Required (Repealed). 4.30.040 Inspections (Repealed). 4.30.050 Minimum Size of Conductors, Repealed. 4.30.055 Building Official. 4.30.060 Fees. 4.30.010 Adoption: There is hereby adopted for the purpose of establishing standards governing the installation of electrical (CONDUCTORS, FITTINGS, DEVICES, AND FIXTURES, HEREINAFTER REFERRED TO AS "ELECTRICAL EQUIPMENT,"] equipment within or on public and private buildings and premises, that certain code known as the "National Electrical Code," [1987] 1990 Edition, including the Uniform Administra ive_Code Provisions, except for such portions as are hereinafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. (Ords. 269, 395, 651, 988) 4.30.020 Wiring Requirements: [(A) NO ELECTRIC WIRING FOR LIGHT, HEAT, OR POWER SHALL BE INSTALLED HEREAFTER IN A BUILDING OR A STRUCTURE, OR ON ANY PREMISES, NOR SHALL AN ALTERATION OR EXTENSION OF AN EXISTING ELECTRIC WIRING SYSTEM BE MADE, EXCEPT IN CONFORMITY WITH THE PROVISIONS OF THIS CHAPTER AND THE PROVISIONS OF THE NATIONAL ELECTRICAL CODE. (B) ALL ELECTRIC WIRING AND OTHER ELECTRICAL INSTALLATIONS SHALL BE PERFORMED BY EXPERIENCED AND CAPABLE ELECTRICIANS.] (Ords. 269, 395) PAGE 8 - ATTACHMENT "A" 4.30.030 Electrical Permit Zeauired: [(A) NO PERSON, FIRM, OR CORPORATION SMALL COMMENCE THE INSTALLATION, ALTERATION, EXTENSION, OR REPAIR OF ANY ELECTRIC WIRING SYSTEM, WITHOUT FIRST OBTAINING A PERMIT FOR THE WORK FROM THE BUILDING OFFICIAL. (B) APPLICATIONS FOR PERMITS SHALL STATE THE INTENT AND SCOPE OF THE WORK TO BE PERFORMED, THE TYPE OF BUILDING AND PURPOSE FOR WHICH IT IS TO BE USED.] (Ords. 269, 395) 4.30.040 Inspections: [(A) THE BUILDING OFFICIAL SHALL, DURING THE INSTALLATION OF AN ELECTRIC WIRING SYSTEM, MAKE THE NECESSARY INSPECTIONS TO ASSURE COMPLIANCE WITH THIS CHAPTER. (B) NO WORK IN CONNECTION WITH AN ELECTRIC WIRING SYSTEM SHALL BE COVERED OR CONCEALED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE BUILDING OFFICIAL. (C) THE BUILDING OFFICIAL MAY ORDER WORK TO BE STOPPED AT ANY TIME, SHOULD IT BE DETERMINED THAT IT IS NOT BEING CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER OR IS A MENACE TO THE SAFETY AND WELFARE OF THE PUBLIC. IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO PROCEED WITH SUCH WORK AFTER A STOP -ORDER HAS BEEN ISSUED UNLESS THE RESTRICTION IS LIFTED AND AUTHORIZATION TO PROCEED HAS BEEN GIVEN BY THE BUILDING OFFICIAL.] (Ords. 269, 395) 4.30.050 Minimum Size of Conductors: Repealed. (Ords. 269, 395, 651, 1228) 4.30.055 Building Official: The Building Official of the City of Kenai shall have the ,powers, duties, and functions Prescribed for the Building Official by the Uniform the Building Officiale s su,Rervision and control. 4.30.060 Fees: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to Table No. 3-A [OF SECTION 303 OF THE 1976 EDITION OF THE UNIFORM BUILDING CODE] Electrical, Permit Fees. (Ords. 269, 395, 579) Chapter 4.35 TRAILER PLACEMENT (Ords. 45, 97, 269, 395, Repealed Ord. 1078) PAGE 9 - ATTACHMENT "A" Sections• 4.40.010 4.40.020 4.40.030 Chapter 4.40 BOARD OF APPEALS Constitution. Penalty. Conflicting Provisions. 4.40.010 Constitution: The City Council shall sit as a Board of Appeals in order to provide for final interpretation of the provisions of this title and to hear appeals provided for hereunder. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. (Ords. 269, 395) 4.40.020 Penalty: Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted; and upon conviction of any such violation, such person shall be subject to punishment as provided for violations in KMC 13.05.010. (Ords. 269, 395, 1240) 4.40.030 Conflicting Provisions: If any provisions of the Uniform Codes hereby adopted by reference conflict with any other provisions not so adopted contained in this title, then those provisions not so adopted by reference will prevail. (Ords. 269, 395) PAGE 10 - ATTACHMENT "A" Suggested by: Administration City of Kenai ORDDUNCE NO. 1348-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $14,060 IN THE COUNCIL ON AGING -BOROUGH FUND. WHEREAS, the Kenai Peninsula Borough received a legislative grant from the State of Alaska for distribution to the Central Peninsula area Senior Programs, and the City of Kenai's share is $14,060, and WHEREAS, because the Kenai Peninsula Borough requires the expenditures to be segregated for reporting requirements, a new department will be established in the Council on Aging - Borough Fund, and WHEREAS, the Senior Center Program Director has asked that the funds be used for installation of new flooring in the craft room, exterior and interior painting of the Senior Center, wallpapering the dining room, painting of two vehicles, and repair of vehicle interiors, and the purchase of gasoline. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council on Aging - Borough Fund Increase Estimated Revenues: KPB Supplemental Grant $14,060 Increase Appropriations: KPB - Supplemental - Operating Supplies $ 11081 KPB - Supplemental - Repair & Maintenance 1 6 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of December, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Loper, Deputy City Clerk First Reading: December 6, 1989 Second Reading: December 20, 1989 Effective Date: December 20, 1989 Approved by Finance: (12/1/89) jal N -7 17t1- ~ CITY OF KENAI % %04/ Caladal ej 4" " MRMWO mm' Ate, 9"11 ,� M.7W FAX 907.283-3014 STAFF' REPORT TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialist DATE: December 1, 1989 RE: Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD BACKGROUND Applicant: Housing & Urban Development Anchorage Legal Description: Lot 2, Misty Haven S/D, Sec 34, T5N, R11W, S.M. Existing Zoning: Suburban Residential Current Land Use: Multi -family residential - duplex Proposed Land Use: Same Action Requested: Vacation of Utility Easement and removal of encroachment There is an existing duplex on the lot which encroaches into the easement by approximately five feet. The setback requirement for Suburban Residential (RS) zoning district is five feet so the building would not encroach into the setback. There is City water & sewer available on East Aliak Street and the City Engineer has indicated that the easement is not required. RECOMMENDATION- Planning & Zoning approved this vacation at their meeting of November 8, 1989 and recommends City Council also recommends vacation of the 10' utility easement to the Kenai Peninsula Borough. C C.. You are being sent this notice because you are an interested party and/or property owner adjacent to or within 300 feet of the described property. PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate public utility easement. Area under consideration is described as follows: A. Location and Request: Vacate portion of a ten foot utility easement within Lot 2, Misty Haven Subdivision. Vacate the ten foot utility easement within the eastern ten foot of said lot lying between a point 10 feet northerly of East Aliak Street and the northern boundary of said Lot 2. Being within Misty Haven Subdivision (plat 84-288 Kenai Recording District) Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, City of Kenai. B. Purpose as stated in petition: As indicated on the attached As -Built, the duplex extends into the utility easement. Since the easement is not being used at this time we would like to vacate all of the easement except 101 from the ROW. C. Petitioner(s): Housing and Urban Development, Anchorage, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Plan- ning Commission on Monday, November 20, 1989 commencing at 7:30 p.m., or as soon thereafter as business permits, to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Plan- ning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by Planning Department no later than Wednesday, November 15, 1989. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (Nov 6 & 13, 1989) �:�+•,�.: ;J• s .-> _iY••>-�'x -'�q�1. ,��: ��_ �"„1^:4�'. C. t.av �"�:.w..•-';F�1•+ .� Y;� •"2,'•f' Cyr '�h�,+r \'�+` +i i! � �•.i `� {(, 'ti' ,.'1h•, }•�1 y''�1". t� 4. +•. •j,,..!!rf i � '♦ �! .� r •,� i r •, 1''1'ti r -5 i it �11: '�il."v`:*? r! ( A i • i ;`I <1�'� y; r J_ r�.t ..�E���f•�X�..�'y'•� �r',s.. .. •�,/. fffICCSC s rt?' ," , -' �i ,«i►,`y.1�{ � . ��.;ry., ;' A � •2•� sue.-.- i+ tr .. 'V+ .fir.` •.ii�� ,, 1 71 �' •►, . �s'� s��>t '•�' �' � � fi:- '�r;> �.�5{ t j X F' L tii.a •r/. r 1. �. S.i ``tY.`�If�!�'+. f 77•'7rf+ j r1•%'H!r k. R'�1 rT � � 1It 421 41 42 c•1�7 i IR , t* � . • a ; fl qd �.t • �, .• .. I � .. C LIAK ( , r r ST • t• rI- •R.� yW.r•l. 1 J r lit - _ f • t --•..ate e.>. .- . ... - • _ r� _.. �.. • t .• . .. � 1. • M + .a.. '- .• '',• s. VICINITY HAP e•1 SHOWING APPROXIMATE LOCATION •'... ti, a OF PROPOSED VACATION •r � r1 . • r, , 2 i t4,' �'- t f �+?_i •.i �' �-+' �,► r ij j 1- •� r� „ S5 '.A1 J ;, M.,l. .jYr`�sl ''� f '�i � rf=+��f, `a• • 1 'r.. t.' + -" A aAe a R. 4,z rx .Z ` wow «tj'OF At AS -BUILT CE.111AHCATION I hereby certify that f have surveyed the following LEGF-ND described property. ded? 2 ,�'J���S7�T '`'LAy.r'_17 �..,.(�/,'S Fd. otficol manument � V /.�iS�f.�(./ r�w+..�.�-�.���war l+�J.f.-L�+G.a.: t�.� V e+eeo - G�iV ' T LV T 4,9 2O87-S C4SS-NE 1/256 197 7 11/2" ALUM. CAP on 5/8" Rebar v N 51� 5vI`JlDED N 890 57' 28" E 331. 20' ,OV ' T 4 G Y LOT a 33' , 298.20, x use i %e Y z t h 1 u) a �! In W I14 cri g .J C!) a Z { v ♦) _ { C: `- > I �- } Q _J m N 890 59,15 W N 89° 59' 15" W i.T) oi 134.11' 114.11'ty ; R �+ ^ { W 2 N N I N L �� gi 10,729 SF do 8� 9,129 SF (0 8 L7 I �i =� �a 8 0 a------------ — --------------I m 134.11' 50. O 114.I1' EAST ALIAK STREET 3432-5 ( N 890 59'15" W) 331. 22' BASIS OF BEARING (331. 40' ) CE 1/16 31/4" ALUM. CAP KRO 83-15 SEC 34 1979 W > bt 44 4 �� r C! �� r C(UCI I ti j.JtCi� z r�--i- NQNNNNNNN� NNNNNNNNN� NNN� NNE N� � � IAAa� aae� � ■ LI�� E..A3 Ir ..� to AM MAI 151 SWIRES 7 ELEMENTRY '' ■ Will t Ry IbLF ■■ ■ b 'JArX ' 'A If M 1S0 rN. tN f ' NOW 1 i m M'sro ' nip tRS Y *, o J , 160 ' S • Mirr , ne i Ii0 3a 35 a 3a M N a I M N h M � N N 4 M s4 s5 N `4 YU N N U N N N " 11 N N N 11 U U N U y. M I -3 Now Practice Applications User Group Leaders Appointed By Richard J. Wieland, Director, Prac as Applications User Groups Hartley Appointed PAUG Managing Editor I am pleased to announce that Robert L. Hartley Qwdey b), fortm chair of the Ulm Systems 'UserGrou p, wilt serve as the "PAUG Newsletters Managing FAW" for 1989-90. Bob will monitor the newslettersof the individual PAUGs and the PAUG- related Caucus conferences. He will assist the individual PAUG newsletter editors as necessary, solicit articles for publication from the various PiAUGS, and be reqponsible for PAUG con- tributions to Network. I am deligitted with this appointment and look forward to working with Bob this year. Bennett Appointed Law Professors and Administrators User Group Chair Professor Gerry Bennett (bennett»geraid) of the University of Florida Law School faculty has accepted appointment for the 1999 90 ABA year as chair of the Law Professors and Ad- ministtam User Group (LPAUG). Gerry, a past co-chair of the Litigation Applications User Group, will be able to contribute to our outreach efforts to the various substantive sections of the ABA. He wishes to stress that he continues his personal interest in the development of applications in the litigation practice area. Thanks for your willingness to help in this capacity, Gerry! Tim Rogers Appointed as Government Lawyers User Group Chair Tun Rogers (ABA/net: rogers.t), city attorney of Kenai, Alaska, has agreed to serve as chair of the Government Lawyers User Group (GLUG) for 1989-90. Tun, who has attended user group sessions at the past two Annual Meetings, has indicated, not too surprisingly, tint he favors initially reaching out to counterparts in the ABA Urban, State and Local Government Law Section. He favors not including lawyers employed by the federal government in the group unless they are interested in the prac- tice of this specialized area of law. We will be discussing a possible name change for this group during our leadership meeting in Chicago to reflect this restriction, if this approach is adopitdd.. Welcome aboard, Tim! ■ Richard J. Wieland, Ste. 04,814 San Jacinto, Austin, TX 78768- 2582. 512/482-8123. ABA/not: wisland.r.j Hardware Director tawmw a KW& ad * brought some bpop software to the Dubin baderst ip meshing in Horduht — new am Andrew. Section of Law Practice Management American Bar Association Not -for -Profit organization 750 N. Lake Shore Dr. U.S. Postage PAID Chicago, IL 60611 American Bar Aswaation Timothy Jay Rogers 210 Fidalgo St . Kenai, AK 99611 14 C_ .hy J. Rogers Hy Attorney CITY OF KENAI 210 FiAaigo Kenai. Alaska 9%11 283 3a e I FAX 203 3014 IN THE SUPERIOR COURT FOR THE STATE OF ALAS THIRD JUDICIAL DISTRICT CITY OF KENAI, Appellant, V. STATE OF ALASKA, PUBLIC UTILITIES COMMISSION, Appellee. Case No. 3KN-85-169 CI. FILED IN Alaska Triml Courts Third Judieia! District NOV 2 21989 ClelA,,, use rr,drGnN,•, DEP!!TY .0w" der � 42 2 q O�,f�Z,'" &' '1989 ORDER i IT IS HEREBY ORDERED that the appellees, State of Alaska,l Public Utilities Commission, Matanuska Telephone Association, andl Homer Electric Association, Inc., are jointly and severally liable for the $8,500 award of atto y's fees in this matter. DATED: This day of 81c-tvi�er, 989 �uperi�t Court YUdge AOSrH. MADV EN SUPEPOOR COU ,AJDGE 1 OnIffj that on '7W .2.2 It copy of the above %iim n1aslwt tri each of the following at thdr a:.AL:pq€i of record:. 'gowed—^ /,44+5 Q Devuty Cteri[ J 1791-1991 CITY OF KENAI "D,cl G'ap4W 4 44 " 210 FIDALGO KENAI, ALASKA E4611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Keith Kornelis, Public Works Director City of Kenai FROM:' Howard Hackney, Building Official City of Kenai DATE: December 4, 1989 RE: Lot 6, Block 3, Thompson Park Subdivision 1 I sent you a memorandum on October 30, 1989 concerning the house on the above -reference property. I told you that all of the windows in the daylight basement part of the house were broken out and that the back door to the garage was open. I told you I had talked to the owner and that he had said he would get the house boarded up. I checked the house again on December 4, 1989. Nothing has been done. This is a very dangerous building and is definitely an attractive nuisance to children playing in the area. I took two dangerous buildings in Old Town through the procedure under the Uniform Code for the Abatement of Dangerous Buildings. When it came time to have the buildings torn down, the Council decided not to act and referred the matters to the City Attorney. Council may want to abate this building under KMC 12.10.010(m) and KMC :1.2.10.020. HH/clf TjVFD ,n 10 c� P a : . P Y �(NA ,CITY OF Kenai Municipal Airport Float Plane Pro j ect Facility Improvempntts, Casa r s C� �! Contractor Foster Construction ,,...:.. . Address PO Box 303 Soldotna, AK 99669 Project No. Phone • 262-9139 Period From ,,(/r,o to 11'2:!- ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE OOriginal contract amount S 55,240.00 U2 Net change -by change orders r� OAdjusted contract amount to dateS",S Zf/p,ou ✓ ANALYSIS OF WORK COMPLETED ® Original contract work completed �S Additions from change orders completed �6 Materials stored at close of period O Total earncdO+OS +GG = ZO_ S/S. �© ✓ ® Less retainage of /O. O percent ZC� S� S,ja OTotal earned less retsina cO7 -O=. Ile 0 Less amount of previous payments 11 Balance clue this payment 1 C%? WED 22 :.3M F1 4 1 10:37 CITY OF KENAI 907 263 3014 IY ESTIMATE P.1/1 Page ;L 0f ' Clf�TIR1CA1'tOtt � �briT�,ACTOR..�•,—.�" •. Astordinit t the beat of my lgAotvledpa and belie(. I teftilr that all i:ems and smaunts ehpwn on the Eagle of this Periodic Bstitaaet' (Of PAMA IPmtn1 oft awfrttl that all work has t►et a, ptawmed andl'er Matefial sullpsho in�!wli a ace of t With ehs rtpvirenttats of t1e eat sd Cvhtratt, and+oe duly aaMarttltt•I ritviatiane, sttMsfuationA, al{t$zons, anfflar;4lieionat that the fot.=e�►►f is s flue J ,tout t slattmenf el he tequfa t iaeorMe up to and imeluJinp the' lost day N tbo• 441gi eov'icio by this Petittdie Htctrnsa that page of be "Balance Ante This Z�aynittK has been fetti4•et!, and that the aMersttntd oad his svbeaateurors hare-toa•ao a e rr rb• � , Plied with all the labor provisions o( set id contract. (� C plied with all the taller provisions of said toltttset estepf to those lastanees inhere an honest dispuge exists kick ft- / Cl t of eo 644 Lab" provisions, fir( r�1 !s t11tRN.d. f�.eNaet �...flr ttrar. Rf yfeAyu.l "Y, . a, ttC+n'rt,tlpr{ Islltnat . et wYl1►ofl,:oa ft.q.et,•nr.e,vrr . •. _.. .. . CERTIFICATIOrt OF ARCHITECT OR INCINUR 1 evt6iy that l hue ChwI:kVj'dnd rvfilldJ 00 Above .,AJ tyre fain; Itvriat+: FS11M.e10" our P.Iftml »-tyment: fhst Iv the ti.:111 of Aq knowivl:uv aeJ WOW it 1N A true anS e•+trtrtt 61410Alrnt Id work r4V0wmvJ 4AVOt Rwit•64 tltippliv l by the guava, tyr: that ill /rt►it 1r1.i...r nafcr;al inttlutvJ in chi,. l+rtll,Ji> Vrtitl►.t. t hint beefs M.Ihelr.l Itr ate AItJ ,+r !yr elf JVtt AuthVel.-Vi tt t'rvavotativv Yr iNAI-1Jat,1 in.i th.4t it h.ls Mien pvnt•rfnvJ ./lt•i ''r nYppilv.{ in full .►,;:b)tJjnee with rVAUttvfn4tnt11 is 10V ntvIvncv evntt.e»f; Jn•t that pietial r.lyn►,pt C1J;f1wj .16-4 fVj1jVs1v4 by the teulct,{tttor is t:•m-4:11y I:.►n,pltteJ .at Ihv bullb ai wvrL pvftlxmv,l .►n7'ur xlate. coal %urpltvJ t1, // 114trfr/ntt�.lwj.}ar vesutrrr> ' ij1.114 wi �ii. r. .di+�`wZ+•��1 u�..�.w�..r��.rrrw , ... .. PRI-PAYmINT C'IPTIPICATLOtl BY 111111.0 INI; NlfR Chr111 Irpe ..r 104,rmonr wr►u,.tl: 1.J,•r'•I%%1g:L •.1 Illi'. 111v i�n1191a%I.H'- Sell••I4111, .•r dmi"1111% for f'.attfwel !'.lrmtvlr r. shy n..t�'..I aJ wr.•ft...t In.Ir;u.al; of li.v rh•tt•41, Ja l tilt Iwt1,+.t+. ,vl,•r.• •v;•n tr.,.'.1 I•" It1•• .,f�1111e•YI . ov,n.•.•r. le " ntv .rr,n,un ILJe thr,y "m& rVII..rrtl411 JPQ ♦ 04MV:1..6s ..11'1'1,V.1 1♦ .1.,1IIIJ:0, 14A 1i14' •'•fllr.lctta 1\ HP.ylUar lilt• f4'ttY,f.111Yn11 •N the daAtfJ:f..MN that t'a• %Vnlfllffur 'Jul.1 rV Pd1.1 [its' drllnYUt 1V6jl1'•%14J -%Sort. ' y.•s. r,l.i Nr 19.11,'r l.g N Y/1.11 1 ti,t t l'lla./• 1 :..,. �,k l n ill. h \ w %i I' nl • mij t ll..t It !1 4 % .,. I.1:tltt Il...f .I.. I ) 4 Pt'vrr1J •.t • , � .u.1 IA 11.:i JI'i Vt.1.111�Y Mtl 1. t�.• I•'4tY If4•Y1''llr- I.t II..+,►.VI11.1. :, ttrlr:.l 1 nrlll.rr, tAafrl •� L PAY. ESTIMATE Page e't Of CERTIFICATION OF CONTRACTOR Accor.iine to the best of my knonled:e and belief. 1 certify that all items and amounts shown on the face of this Periodic Estimate fer Partial Pagmtttt are correct: that all work has been performed and!or material supplied in full accordance with the requirements of the referenced Cuntract, andror duly .authorized deviations, substitutions, alterations, and/or additions; that the.foregoiat is a ttut and correct statement of the contract account up to and incluJins the last day of the period covered by this Periodic Estimate; that no part of the -Balance Due This Payment" has been received, and that the undersisned grad his subcontractors have-Milecfr araA'iraQfe fine) a. Complied with all the labor provisions of said contract. b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect t0 said labor provisions. (ff (b) is checked. describe t•raeflr nefure of drapure.) Of a Y (Cuntraelor) i isirnattife of Authorized Aepresentative) . 2iw. �2 l 19 Title ,.w- ► sear ..+--.a r!r.wa... � CERTIFICATION OF ARCHITECT OR ENGINEER I eertiiy that I have cr.v%Acd*anJ verlilvd the abaec inj iorccuin: 1'crialic Estimate for Partial Payment: that to the beta ui my knowiv.1 t: anJ belief it is a true anJ correct >tatcmcnt "i work rcriormc•d .%nJ nr matcrial surplicJ 1- the cuntracto,: that all Work a:la• ur miretiji incluJe! in ;his PurioJi: F:,:imatc F,aa 1,cen in.pccted I•\• me and at by my ,iut%- authurwed reNcsentative or assi.tan:s anJ that it h.ts been rerrorneJ an.:',,( .urriicd in full i:ctirdance a.ith rCquiremcnts of the reterence contra:t. and that rartial r.iyment claimed anJ requt:stc i b}• the cuntractur is cu:ractlg :amrutcd tall the basin ur Werk pertu:meJ anJ-ur mate- rial surpilvJ it, Jate- rAra•hata-et ur a•nK mea•r) PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check type ..f pornl.•nr rrrftIr d: _ �+►� 1 ilaeo eht•:lt•.1 lhi. e•.ttln.lte .1:aarl.t the :.•fitr.t::or' 51-111-4hu6• a••f Amoruu. for C "lltract !'.i\-:one.. the n.rty% .old rep \•r:. of mp In�tt'::t. •11+ .•1 I::a• I`:..lett. .111: :!1t I't'rl...tt, 111'•1. emu:•"11: ta'.1 :.\' :11 a' .1f. t:ltt'a't . 1l:1--r. It 1, rt•\' .,rtll loon thit :he tAtenen! of I0-k ; •: tr•::S'.•.1 .1 :1.: ofnl.tta•:1a1. r:;.1t ::It. ♦•.•nrr.IVt Vr IN .•i•\C r••tl1C ttiv rcyull.. rlenti ofthe ea\ntr.l:t. .Ina ;Eat :•.c ctmtract., .(100.t :-V r.tl.c tt:c am.-uttt ft ;1jv.ta.; .Duce. .1. •.\.:.\ snot r:::.u.:l.l ua.:\: trn:ra.t ..a. :tin in.ra.tcj !•\ M.L. All- 1::..t 1t:ton :t.•rn.c: rnj our. itcJ In 16.1 .. a': v:.:.l rl: t• :\:7 it t.'.r reyulta"it-tit, .•r Il.e t.•n::.t. :. tFr...t 1'nt.nrrrl 1D.arl ' � ..err �... n,r /.•rt.: r•. D�1.1 rAY ESTIMATE �l0:^� Page Of Kenai Municipal Airport Float Plane Project Facility Improvements Commercial Slips Original Contract Amount Total to Date Item Quantity No. Item Description and Unit Bid Total Unit Price Unit Cost Quantity 20.04 Excavation (crossection) 8500 CY 20.05( Typed tlassified Fill ✓ 1100 CY 20.05(B) Type III Classified Fill and Ba Hill 1800 CY 20.22 Clearing and Grubbing Lump Sum" 50.16 Construct Open' Ditch 250 LF ✓ I 50.20(A) C.M.P. Culvert (18"Fee1 Ga., 3^4 :.F 70.14 Reset Fence 100 LF 70.15(B Gate (26'.double swing) 1'ea.. 70.16 Guard Rail 29 LF J I 70.19 Topsoil (Owner furnished) 24 MSF J 70.26 Seeding 55 MSF ✓ 70.27 Standard Signs 16.0 SF' 10.31 Rough Grading 24 Hrs. 70.33 Float Plane Slip 5 ea. 90.22 Mobilization/Demobilization Lump Sum .90 ✓1 7650.00 J0g4W4/ 7.50 f 8250.00 5.50 9900.00 1000.00 I 1000.00 17.00 J I 4250.00, 1 0 Amount . J 7 �Z.S, 60. nv10 "2?50 • n /aoc�, as j 4 ✓ 20.00"J 1 1640.00 I _5-6 /Ili, oa 12.00 1200.00 I 75% I loa O U 1800.00 - 1800.00 ( 9O °o ` f� 20, a a✓ 40.00 1160.00 c 100.00 2400.00 50.00 1 2750.00 1 �� I 40.00 J I 640.00 zp 150.00 3600.00 00'` 1600.00 8000.00 1000.00 11000.00 8p oo I � I 1 I i I I I I I f Total Amount for This Page iin PAY ESTIMATE N0: / Page41of .� Kenai Municipal Airport Float Plane Proiect Facility Improvements Commercial Slips SCHEDULE OF CONTRACT CHANGE ORDERS (C . 0. 1.6t every vh.tnev ,fJvt i...ucd to dme of this request evert II no t.t•rk ha. Oren drnr un,w one or more Much ttrJrr.. ADDITIONS TO ORIGINAL, CONTRACT PRICE DEDUCTIONS vROM CONTRACT PRICE TOTAL, COST OF COST CF CHANCE AS SHOMN ITEMS ADDED RY ORCER ITEMS ON CHANGE COMPLET�O ORDERS CNA 1� RDER TO(j;TE (C) CZ4TRACT CHANCE OR:ER DESCRIPTION .. .. NO. 0A.TC .. I i I I I I t , { � t I � T O'r,u s t 5 Cost of Change Orders (C-O.) Deductions from Contract Net Chan�!c From C.O. Approvcd Total (a) 4-b Chati c Orders that reducq the contract, Column (c) , should reduce the Total to Pate Column for that item af£ccted. PA 1 EJT1AA 1 E N0 Page of Kenai Municipal Airport Float Plane ProjCc t Facility Improvements Commercial Slips SCHEDULE OF NLATERIALS STORED AT CLOSE. OF THIS PERIOD (Attach a detailed schedule including quantities for each item) attach :rent Item No. Invoice Invoice Material Description No. Date (Vendor, Freight, etc.) Amount A i I l { � I I { I I 7-7- I /,-, 14 TN Oct CITY OF KENAI KENAI SENIOR, SERVICES 26 COUNCIL ON AGING ��OV1 APPLICATION r/; +V %Y ti. � -� w a uov MAIL ING ADDRESS—)r , - bl e V,4 /. , k RESIDEN..F ADDRESS Cat' L�G,�`�- G00,14 O9Q' PHONE NAME OF SPOUSE lie r' �� S c� CURRENT MEMBERSHIP IN ORGANIZATIONS: ,fie/7e?i h7r 7— MY CURRENT INVOLVEMENT AT THE CENTER: WOULD YOU BE WILLT14G TO OFFER ASSISTANCE IN VOLUNTEER ACTIVITIES AT THE CENTER?_/l/ MY INTEREST IN BECOMING A MEMBER OF THE ADVISORY BOARD CAME ABOUT BECAUSE, ="..�C /<�_ _—�.�/Ii> rl_1�i /�7'/-E? f '1 SIGNATURE DATE CITY OF KENAI KENAI SENIOR.VICES �61' EISfiTO (S'URT AI, SIB 99fi11 (907) 2834156 COUNCIL ON AGING APPLICATION NAMEjf4,0&=E rCveamp') MAILING ADDRESS/0 RESIDENCE ADDRESSeZ..- PHONE— �.. r� NAME OF SPOUSE;S.P-) 'v 46� �l G1es .-i 234ssy 7cc `•� �CG I��ZT�•'t'�I V CURRENT MEMBERSHIP IN ORGANIZATIONS :Amt p tb.. ��� (� �,C� ft MY CURRENT WOULD YOU BE W AT THE CENTER? MY INTEREST IN ABOUT BECAUSE, VEMENT AT THE CENTER: Y1.. e ._.._i L- G TO OFFER ASSISTANCE IN VOLUNTEER ACTIVITIES COMING A MFMaER OF THE ADVISORY BOARD CAME G q SIGNATURE ATE J:xjio y CITY OF KEN.., ..a 6;t2ow 4 210 FIDALGO KENAI, ALAEKA M11 TELEPHONE283-7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai?How long? Mailing Address tT1, 0Q Tel. 4 (5`�, Bus. Address Ze-="g-eL Tel. Presently employed by ._. Job Title -- Name of Spouse Le o,J Current membership in organizations: Past organizational membership: M e"to-� �A Zc&-'- �u Committees interested in: Signatu)re 262� 29�0 NOV 1ss9 w CITY CLERK 4 �!Ty Of KEN;,. w ,Z N �=O 'r TO DO LIST NOVE.MBER 21, 1989 KENAI CITY COUNCIL 1. P&R Comm. - Include cost of Bicentennial banners in 1990-91 budget. 2. K. Kornelis - Investigate cost of purchasing used boom truck and 3 flag poles, for 1991-91 budget. 3. Beaut. Comm. - Check on time frame for ordering banners for delivery by June 1. 4. J. Ruotsala - Jan. 17 agenda - report on banners, flag poles and boom truck. 5. K. Kornelis - Check on heating system in library, can it be repaired similar to Public Safety bldg. jr T1VF0 to yv Public Meeting Notice ^Qz ti The Alaska Oil Spill Commission will be meeting Q.�£0£62�2 December 4 and 5, 1989 9 a.m. - 5 p.m. at 3111 C Street,Suite 150 Anchorage, Alaska and 9 a.m. - 5 p.m. December 6, 1989 at 707 A Street, Suite 201 Anchorage, Alaska Agenda for this meeting will be a workshop on the reports findings and recommendations. 1T1F0 7 DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL QUALITY P.O. BOX O, JUNEAU, ALASKA 99811-1800 November 24, 1989 Dear Alaskan: STEVE COWPER, GOVERNOR Telephone (907) 465-2666 The Department of Environmental Conservation has already received several requests to extend the deadline for public comment on proposed regulations and changes previously mailed to you. After careful review of the reasons for the extensions, the Department has . decided to extend the deadline for comment to December 30, 1989. Extension beyond this date cannot be considered because of the requirements levied on the Department by the Environmental Protection Agency (EPA). The Department is on a strict time schedule to provide EPA with completed regulations by January 31, 1990. We invite you to take advantage of this extension if you have not already commented or add to your continents if you have additional information you would like to provide the Department. If you have any questions regarding the extension or the proposed regulations, please contact Mr. Tom Chapple, Mr. Jon Sandstedt, or me at (907) 465-2666. I Sincer, IL&7 Leonard D. Verrelli, Chief Air Quality Management Programs LDV/jp li V 4 rD cQ it ,op�- **********Committee Meetin s Schedule********** D * iot Office <Executive )47 Committee: 10:30 am - 11:00 am 2. Industrial Development Committee: 11:00 am - Noon 3. Promotion Development Committee: 11:00 am - Noon 4. Business Development Committee: 11:00 am - Noon KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC. Board of Directors Meeting December 7, 1989 * 1:30 p.m. * 110 Willow St., Kenai A. Chairman's Opening Comments EL Introduction of Guests B. Approval of Minutes from October 26, 1989 C. Approval of Agenda D. Guest Presentation None E. Correspondence F. Reports 1. Chairman 2. Treasurer 3. Board of Directors 4. Executive Director and Staff G. Calendar of Events H. Public Comments I. Unfinished Business 1. Executive Committee a. Executive Director Posicion 2. Industrial Development Committee a. Kenai Bicentennial Project - EDA - Progress Report b. Paint River Project - ELA - Progress Report c. Kenai Peninsula Beetle Kill - Progress Report - Resolution 89-17 d. Kenai Peninsula Reimbursable Customs Office - Progress Report e. LNG Project. Progress Report. f. Mt. Alaska Energy, Inc. Project - Progress Report g. Homer Airport Improvement Plan 3. Business Development Committee a. Small Business Development Seminars - International Trade, Kenai, November 8th - Report b. Governor's Conference on Small Business - List of Top 20 problems and Executive Summary c. Expand Task Force and develop options for Financing Small Business - Progress Report d. District Office designation as SBDC Resource Center 4. Promotion Development Committee a. 1990 Kenai Peninsula Visitor Guide - Progress Report b. Cruise Ship Marketing suggestions - Report c. Visitor Industry Financing Options - Progress Report d. Kachemak Bay Interpretive Center - Resolution 89-16 e. Fishing Gazette Publication J. New Business a. Ideas or special preparation for Annual Meeting - January 25, 1990. b. ABD Sales Inc. proposed Alaska activities K. Board Members and Staff Comments L. Next Meeting ** ANNUAL MEETING ** January 25, 1989, 1:30 p.m., District Office M. Meeting Adjourned Tentative Agenda for Board Meeting I1JJF0 9 KENAI PEJWWUL.A CAUCUS AN OP4#* A 1 'RESi?lNTlf+it3 MUNICIPAL GOVOW11MINO ANOCKAMSMS OF COMMERCE OF TWE KENAI°PENN*K" BOROUGH 177 North Birth 31000. 00000, Akrka "669 Phone: 209 9107 Board Of Directors Municipal Governments Don Gilman, Kenai hula Borough Be y Glide, KwW Perrirrrula Borough John W1111liams, City of Kenai Doll Fawatlerrtrrth, City of 9oidotna Waited! Bw*, Kadwrak City William Mi. City of Seward Jim Fillp, City of Sekiovia mw ,. • \, �pN ti �`9S�� Chambers of Commerce Buzz Kytlonen, Armor Point Gloria Wilseoarver, Funny River Duane Hyer, Horner Jim Carter, Kenai Jack Brown, North Peninsula Susan Springer, Seldovia Andy Patapoll, Seward Phil Turkingion, Soldotna NOTICE & TENTATIVE AGENDA FOR BOARD MEETING Tuesday, December S, 1969 4:00 PM Mykel's Restaurant, Soldotna Inn Soldotna, Alaska Please note A Reception for Legislators, Assembly Members and School Board Members Witr begin at 6 PM 1. Call to Order & Roll Call 2. Agenda Approval 3. Minutes from Previous Board Meeting: November 11,1989 Annual Meeting 4. Ratification of language proposed for revisions to the *1990 Statement of Legislative Positions" (Copy enclosed) a Resolutions: A. A Resolution establishing Borough -wide economic development project priorities for consideration by the legislature, if a decision is made to spend Railbelt energy funds for purposes other than energy related capital projects. (Gilman) B. A Resolution urging the State to accelerate the schedule for the Seward Highway Reconstruction Project from Mile Post 50 to Mile Post 65. (Gilman) C. A Resolution opposing the seasonal shut down of M.V. Tustumena Ferry service between Seldovia, Homer and Seward. (Gilman) November 27,1989 Tentative Agenda for Board Meeting D. A Resolution urging the State to ",dVoCulate" the tansporlation of solid waste transfer containers so that the Kenei Pew may so* competifive bids or Vw%W solid wastes by its own empksyeee i 1 111 V sites b sowdtory . (Gilman) E. A Resolution urging the Berougtt Asssm* and ft State Legislature to consider an improvement for the Anchor River Boo* from the Old Sterling Highway to Cook Inlet as a Borough Economic Development Prood (Dyl an) F. A Resolution supporting funding for and a decision to locate an Emergency Cold Water Recovery TmW% Facility on the K" Peninsula. (Williams) G. A Resolution urging the University of Alaska to provide sufficient funding for the operation of the Institute d Marine Science at Seward betare it considers estab#ishkv amine Institutes at other locatiOnt in Alaska. (Patapoff) 6. Resolutions for Consideration at the Next Board Meeting: 7. Other Business: 8, Adjournment 2 November 27,1989 Minutes of the 1989 Annual Meeting Kenai Peninsula Caucus T i KENAI PENINSULA CAUCUS BOARD OF DUWCTORS MINUTES OF ANNUAL MEEMMt OF NOVEMBER 11, 1989 The meeting was called to order at approximately 10:10 AM by President Betty Glick at the Kenai Peninsula Borough Assembly Chambers in Soldotns, Alaska. Members Present: Don Giknaan, Mayor, Kenai Peninsula Borough Bettty Gndc. Kenai PeMrus A Rough Assembly John 011600, Mauer, City of Kenai 1 Doily Fameworth, Mayor, City of Soodotna VVMxn Noll, Mayor, City of Seward Buzz KyuW, Andw Port Chamber of Commerce Giorls ftocarver, Funny River Chamber of Commerce Jack Brown, North Peninsula Chamber of Commerce Andy Patapoff. Seward Chamber of Commerce Phil Tuddngban, Soldotna Cher of Commerce 1 Mayor Williams arrived at 11:15 AM Members Absent: Jim Flip, City of Seldovia Michael Bundy, Kachemak City Duane Hyer, Homer Chamber of Commeroe Jim Carter, Kenai Chamber of Commerce Susan Springer, Seldovia Chamber of Commerce Guests: Blake Johnson, President, Kenai Peninsula Central Labor Council Marta Huss, Kenai Peninsula Borough Joan Schrader, Coalition of Labor Union Women Glen Schrader, Director, Ridgeway/Sterling Fire Service Area Rich Underkofler, Volunteer Staff, City of Soldotna Diana Clark, City of Soldotna Approval of Agenda. It was moved and seconded to approve the agenda as presented. The motion passed unanimously. Approval of Miputes. It was moved and seconded to approve minutes from the annual meeting of October 1, 1988 with the addition of a note that Representative Jim Zawadd was representing the North Peninsula Chamber of Commerce for Jack Brown. Approval of Resolution of 89-11 re: Establishing Annual Dues for Voting Members and Associate Members and Adopting a budget for the 1989/1990 Fiscal Year. Discussion followed. It was noted that the Resolution recommended lowering the dues because it was felt that there was no need to build up money that wouldn t be spent. Teleconferencing is done more often than travel which keeps the budget down. The intent was to operate the Caucus for the next year out of savings that had been carried forward from previous years. Dues would be payable on January 1. The Resolution was approved by a vote of 9 yes and 1 opposed; Jack Brown voting "no". November 27, 1989 Minutes of the 1989 Annual Meeting Kenai Peninsula Caucus Report of the Nominating Committee. The carnmMee was comprised of Gloria Wisecarver, Richard Underkofler and Jima Carter. The cortlrnee nrtded the blbwring slate: For President: Andy Patapollf, Seward Chamber of Commerce For Vice President: Jack fir, N**,P nkwk fa Chamber of Commerce For Secretary: Darryl Schaefermeyer, City of Seward For Treasurer: Glorla VVIsecarver, Fumy River Chamber of Commrce Andy Patapoff said Darryl Schaefermeyer was willing to take the position of Secretary if there were no other wing persons at this time. However, depera #Vi on Ws ale, the Caucus may hoe to appoint someone else at a Later date. Rich Underkotler said that the Cry Of Sokdotne had been providing staffing for the Caucus for three years and fek that it was sme for a change. A motion was made and seconded to close nominations and to adopt the Nominating Committee's recommendations by acclamation. There were no objections. The meeting was turned over to President Andy Patapoff. President Patapoff thanked Betty Glick for her support and help in the past three years as the President of the Caucus. Approval of Resolution 89-12 re: Designating the First National Bank of Anchorage as the Depository for Funds of the Kenai Peninsula Caucus and Authorizing Certain Officers to Sign Checks. It was recommended by Rich Underkofler that any officer be allowed to sign checks without a second signature due to the problems encountered over the last year in trying to find two officers to sign checks. The Resolution was passed by unanimous consent. Review and Revision of the Legislative Policy Statement. The group reviewed each section of the draft document (dated October 13, 1989) with a break for lunch at 11:40 PM. Motions were made and approved to revise the draft document in the following manner: A motion was made and approved to add item #4 under Oil and Gas Development to read as follows: 4. oil 11 QQ,ptinae_ncv Plans. The Caucus encourages the State of Alaska to insist upon oil spill contingency plans which will take into consideration the unique geographic circumstances of each area where oil is transported by marine vessels. In other words, plans developed for Cook Inlet must be tailored to the Cook Inlet area, rather than imposing a state-wide contingency plan modeled after plains implemented for Prince WIIKam Sound. A motion was made and approved to amend item #3 under Timber to read: 3. Spruce Bark Beetle. The Spruce Bark Beetle disease is threatening timber and creating serious fire hazards throughout the Kenai Peninsula. Federal, State and Borough natural resource agencies are encouraged to schedule timber sale and management programs specifically designed to eradicate this disease. The Caucus urges the State Legislature to take immediate action to enact legislative appropriations for construction of roads if they are necessary to facilitate sales to clear disease infested timber. 2 November 27, 1989 Minutes of the 1989 Annual Meeting Kenai Peninsula Caucus A motion was made and approved to amend item fly under Fish b Game to read: 3. maw. The Caucus supports sea vegetable and shell fish mariculture and contilnued research into ai facets of mOlculture prograrrm A motion was made and approved to add items #6 and #7 under Fish & Game to read: 6..SLOggtf3M. The State Legislature is urged to resolve subsistence issues where they are confiding with Federal law and the Stye o0nsIlludon. 7. Anchor River Enhancement. The Department of Fish & Game is urged to restore and enhance sport fishing opportunities for steelhead trout and salmon species native to the Anchor River. A motion was made and approved to amend item #B under Railbek Energy Fund to read: Thee Raiibelt Energy Fund should be reserved for energy related capital projects within the Railbek of Alaska from Homer to Fairbanks, consistent with the intent of prior appropriations. The Caucus opposes use of Rafiaelt Energy Funds for government operating expenses or for projects outside of the Raibelt. If a decision is made to spend these funds for other purposes, the Caucus supports distribution of the remaining funds within the Railbelt for economic development projects. A motion was made and approved to amend item #1 under State Operating Budget to read: 1. State Qmerating Budoet. The legislature should reduce the State's operating budget, except appeolpriations for exisd'ttg local school debt service reimbursement should be maintained at 100% of the reimbursement entitlement and appropriations for highway maintenance should be restored to levels prevailing in 1986. a. Where shared revenues are provided to local governments and school districts, the assistance should be conditional upon some degree of local sales and property tax effort. b. When reductions are made in municipal assistance, revenue sharing, school foundation assistance and other forms of local government assistance, equivalent reductions should be made in the total operating budget for state agencies. Part VI Transraortation and Pubk Facilities: A motion was made and approved to strike "Kenai Marine Industrial Park Site Development" for the list of State Aid Projects, under Marine Capital Improvement Priorities on suggestion of Kenai Mayor Williams. Part VII Tort Reform: A motion was made and approved to retain the following language under this section: 3 November 27, 1989 Minutes of the 1989 Annual Meeting Kenai Peninsula Caucus The Caucus supports leoslation which would enact these tort reforms: 1. Limiting Attomeys' Contingency Fees; 2. Changing the "Collateral Source Rule" so that a plaintiff could not recover twice for the same damages; and, 3. Establishing a cap of $250,000 on non -economic awards, such as those for purge damages and "pain and suffering". A motion was made and approved to add the following language under this section: D. WETLANDS LEGISLATION The Caucus opposes the "no net loss" wetlands policies currently under consideration by the U.S. Congress. A motion was made and approved to delete the section which advocated the entire Borough as a Customs Port of Entry, since this objective hats been accomplished. Jack Brown made a motion, seconded by Mayor John Williams, to delete the section which would read, "The Caucus opposes any proposed legislation which would impose binding arbitration on local governments and school districts." Motion failed on a roll call vote; Brown and Williams voting yes". Jack Brown made a motion, seconded by Mayor John Williams, to add language which would read, "The Caucus supports legislation which would allow public employees the right to strike against local governments and school districts." Motion failed on a roll cull vote; Gilman, Glick, Brown, and Williams voting yes'. Topics for Future Resolutions to be Considered by the Board of Directors. T h e Secretary was directed to give notice of the following Resolutions for consideration at the next Board meeting: 1. A Resolution establishing Borough -wide economic development project priorities for consideration by the legislature, if a decision Is made to spend Railbeit energy funds for purposes other than energy reWed capital projects. (Gilman) 2. A Resolution urging the State to accelerate the schedule for the Seward Highway Reconstruction Project from Mile Post 50 to Mile Post 65. (Gilman) 3. A Resolution opposing the seasonal shut down of M.V. Tustumena Ferry service between Seldovia, Horner and Seward. (Gilman) 4. A Resolution urging the State to "deregulate" the transportation of solid waste transfer containers so that the Kenai Peninsula Borough may seek competitive bids or transport solid wastes by its own employees from transfer stations to sanitary landfills. (Gilman) 5. A Resolution urging the Borough Assembly and the State Legislature to consider an improvement for the Anchor River Beach Road from the Old Sterling Highway to Cook Inlet as a Borough Economic Development Project. (Kyllonen) 4 November 27, 1989 Minutes of the 1989 Annual Meeting Kenai Peninsula Caucus 6. A Resolution supporting Federal funding for and a decision to locate an Emergency Cold Water Recovery Trair" Faces► on the KOW Pia. (WIllams) 7. A Resolution urging the University of Afar lto poovide sufficlent funding for the operation of the Institute of Marble Science at ftward burs 9 von0ders establishing Marine Institutes at other loci in Alaska. (Patapo'fQ Other Buskin mm It was9 sted that we should seek to expand our associate memi�ership. A Netter should be a b w9vii catkane which have legWativo oormm Irwrift # n to join as ass ocialtla 00 a ooy of our adoNpled 01990 Statement of t.agfisiat o '". Ne)d Bselxf ift 111 Be" Glick announced that on December 5, 1989 the Kenai Peninsula Caucus will foe a � at Mykefs Restaurant in Soidotna for Legislaliom, ,Alsee r Members and Scd~eef f �. "'I o legislators will be meeting with the Assembler mew from 4:15 to, 5:00 tw and v*h lara ;;embers from 5-W6:45. The reception will begin at 6:00 PM. It was decided,that *0 next meeting will be held on December 5, 1989 at Mykel's beginning at 4:00 PM prior to the reception. Adjournment. The meeting was adjourned at 4:00 PM . Respectfully submitted, —77 ' Richard Underkoller for Darryl Schaefermeyer, Secretary 5 November 27, 1989 KENAI PENINSULA CAUCUS M1 OFQ"4"TION iiWgWAiq i1NG MUNICIPAL GOVER08011 A 0406* OF COMMERCE OF THE KENN iJf�Ai3H 177 Nofah Imo fBt ;ZZ.A� All I�At OW 9107 Board of Qitectors Municipal Governments Don G*Nan, Ili P**Borough Belly GkK Komi 110ftibiliftio John Williams, City d Kan>pi Dolly Farrlawoll , Cyrdf Sabotna 60*1 Naft"a City v 110"' of fed Jim Flip, City of Sdtoft Chambers of Comrawas, Buzz Kyftnen. Andes Point Gloria VAsecarver, Funny River Duane Hyper, Horner .lire Carter. Kenai Jack Brawn, Nora Paula Susan Springer. Ssidovia Andy Patapolf, Seward Phil Turicinglon, SoWna 1990 STATEMENT OF LEGOLATIVE POWTIONS The Kenai Peninsula Caucus is a nonprofit corporation organized under laws of the State of Alaska. The Caucus was organized in 1987 for the general purpose of promoting the physical, social and economic well being of the Kenai Peninsula Borough. its specific purposes nay include, but shall not be knited to: charitable; benevolent; educational; civic; patriotic; political; social; and cultural activities. Voting members of the organization are representatives of Municipal Governments and Chambers of Commerce of the Kenai Peninsula Borough. An objective of the Caucus is to secure legislation at the local, state and federal levels which will be beneficial to inhabitants of the Kenai Peninsula Borough and to appose legislation injurious thereto; but to remain non -partisan in the conduct of its affairs. The Caucus does not endorse candidates for elected or appointed positions at any level of government. Two weeks written notice must be given to each voting member of the Caucus before it may consider a legislative position or resolution. An act of the Board of Directors must be approved by at least 75°/6 of the Directors present at a meeting. The intent of this bylaw requirement is to assure that any action taken by the Caucus will represent a substantial consensus of opinion within the Kenai Peninsula Borough. This brochure provides a synopsis of the legislative positions developed by the Caucus through input from municipal officials and directors of the local Chamber of Commerce organizations. Each position represents legislative recommendations of the Caucus. These positions will be actively lobbied for by the Board of Directors on behalf of its membership to the Alaska Municipal League, the Alaska State Chamber of Commerce, the Local, State and Federal governments. APPROVED AT AN ANNUAL MEETING OF THE GENERAL MEMBERSHIP November 11, 1989 Soldotna, Alaska 1990 Legislative Positions Kenai Peninsula Caucus TABLE OF CONTENTS Page Part 1 Resources A Oil and Gas Development 3 B Tourism g C mirift 4 D TNOW 4 E Fish i Game 4 F Coal Development 5 G N Gm ftelnes 5 Part 11 Energy A Rallasit Ireerties 5 e Rs" Energy Fund 5 Part III Alaska Hire A Legislative Remedies 6 B Interim Recommendations 6 Part IV Education A Financing 6 B Reclassification Guidelines 7 C School Schedules 7 Part V Taxation and Finance A State Budget 8 B Borough Budget 8 C Taxation, Accounting and Reporting Requirements 8 Pan VI Transportation and Public Facilities A Correctional Facilities 9 B Roads and Highways 9 C Aviation 10 D Solid Waste Disposal 10 E State Highway Maintenance Facilities 10 F Senior Citizen Housing 10 G Marine Transportation Systems 11 Pan Vti Tort Reform 11 Part VIII Land Use A Coastal Zone Boundaries 11 B Areas Meriting Special Attention 12 C Designation of Wilderness Areas 12 D Wetlands Legislation 12 Part IX Intergovernmental Relations A Borough Special Service Areas 12 B Foreign Trade Zones 12 C Military Facilities 12 D Public Employee Labor Relations 12 2 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus PART I RESOURCES A. OIL AND GAS DEVELOPMENT 1. Arctic National WkWe RgW a The Congress of the United States should open the Coastal Plain of the Arctic National Willici a Refuge (ANWR) to responsible all and gas exploration, development and production. Z. Oil and Gas Leasing. The Caucus strongly supports continuation of the U.S. Department of Interior's five year tease schedule and encourages the State of Alaska to establish a firm oil and gas lease schedule. 3. Promotion. The Caucus encourages the State of Alaska to promote oil and gas exploration and development through: a. A stable taxation policy; b. Change or elimination of unreasonable or unnecessary regulations; c. Easing of permitting regulations to make possible the development of marginal discoveries and sub -economic oil accumulations; d. Re -negotiation of extensions to granted lease periods; and, e. Positive encouragement from the State administration. 4. Oil Spill Contingency Plans. The Caucus encourages the State of Alaska to insist upon oil spill contingency plans which will take into consideration the unique geographic circumstances of each area where oil Is transported by marine vessels. In other words. plans developed for Cook Inlet must be tailored to the Cook Inlet area, rather than imposing a state-wide contingency plan modeled after plans implemented for Prince William Sound. S. TOURISM 1. Marks ina P! lams. The development of tourism marketing plans to make Alaska and the Kenai Peninsula Borough a destination for all travelers is necessary. 2. State Funding. The legislature should appropriate to the Alaska Division of Tourism a sufficient budget for the continuation of its very successful state-wide marketing programs. In addition, the legislature should appropriate sufficient funds to the Division of Parks & Outdoor Recreation to develop facilities within the Kenai Peninsula Borough which have a demonstrated visitor value. 3. Borough Funding. The Borough Assembly should appropriate a sufficient budget for the implementation of marketing plans to promote the Kenai Peninsula Borough as a visitor destination in joint venture with the Borough Economic Development District, local chambers of commerce and municipalities. 3 November 11, 1989 1890 Legislative Positions Kenai Peninsula Caucus C. MINING 1. Witfidt&titlia. Closure of lands to mineral entry have serious negative economic consequences and Shand only be dWW whams-dOdUrflented stud clee"Ne tided "aftle use lo proven. 2. ExiWW Miniag QWW- The valid and eudsdng rights of mining operations and mining claimants with Alaska's national parks and on pubic domain WW should be protected by Ute State of Alaska and the U.S. Department of the interior. 3. . The State of A *A and the U.S. Department of the Interior should support developmeps of We rW*00 reVOiesne newly fofr go operation of viable mines. To prated existing rWft, repiallohs shoWd be consistent and uniform among the several state and federal management agencies. (a) The Caucus urges the Alaska Department of Environmental Conservation to assume water quality regulatory authority from EPA, but not to adopt standards which exceed EPA standards. (b) The Caucus supports classification of receiving waters to take into account downstream use, but discharge standards should not exceed prevailing natural conditions as to suspended solids and biological oxygen demand. D. TIMBER 1. Land Use Plans. A strong commitment must be made to timber management as a prime use in state and national forests and on property owned by the Kenai Peninsula Borough. 2. Timber,Salas. Viable State and Borough timber sale programs should be developed with firm five year sale schedules to encourage and facilitate commercial timber harvest. 3. Sprugg, Bark Beetle. The Spruce Bark Beetle disease is threatening timber and creating serious fire hazards throughout the Kenai Peninsula. Federal, State and Borough natural resource agencies are encouraged to schedule timber sale and management programs specifically designed to eradicate this disease. The Caucus urges the State Legislature to take immediate action to enact legislative appropriations for construction of roads l they are necessary to facilitate sales to clear disease infested timber. E. FISH & GAME 1. Onshgre Pam . The State of Alaska Is wmuraged to develop tax structures and regulations that would mokwontillow psacessoraanrrt m pr+olitabie #ran arose that operate at sea in order to create and retain employment opportunities for resident Alaskans. 2. Marketing & Research. Support should be given to programs that emphasize fishery marketing, education and research. 3. Mariculture. The Caucus supports sea vegetable and shell fish mariculture and continued research into all facets of madculture programs. 4. Fish Trans. The Caucus opposes use of fish traps as a device for resolving conflicts between Kenai commercial and sport fishing interests. 5. Game Transplants. The Caucus urges Federal and State game management agencies to grant permits in a timely fashion to facilitate a proposal to transplant deer to the Southern Kenai Peninsula. 4 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus 6. $l1bfljlitenca. The State Legislature is urged to resolve subsistence issues where they are conflicting with Feder law and the State constitution. 7. . The Department of Fish & Game is urged to reslo re and enhance sport Ong op dur illes for sleelwi*d'1"A and salmon species native to the Anchor River. F . COAL DEVELOPMENT 1. Federal, RggUjg inns. The U.S. Congress must act to change provisions of the Federal government's Surface I Miring islet P4dwPaWn Ate which do not ice into account the unique geographicai'pi von in AlWaaamd chat vemus bwak of rrqumlona. 2. Tax kk=m= EjogndW. The State Legislature should amend tax increment financing statutes to enable Second Class Boroughs to sell revenue bonds for financing of public owned Infrastructure necessary to development. 3. MadSdag. The State should assist the coal industry with endeavors to promote use of Alaska coal in International markets and for in -state use. G. NATURAL GAS PIPELINES 1. SuMad Pigging Ventures. The Kenai Caucus supports any meaningful endeavors which may remove roadblocks, aid in the search for U.S. and foreign markets, or develop practical, cost effective stipulations for construction of natural go pooline pnacts. 2. Kenai Psoinsla as a,Pigoline Terminus. While the Caucus supports Valdez as a terminus for a pipeline from the (Worth Slope, strongi alga should be made to Node the Kenai Peninsula, particularly the Nikiski area, with any natural gas pip cline which is el6ten4ed from the North Slope. 3. Financiag. The Caucus opposes use of Railaek Energy Funds for financing natural gas pipeline projects. PART II ENERGY A. RAILBELT INTERTIES The electrical transmission lines from Lawing (MP 24) to Seward and from Homer to Anchorage should be upgraded to impsave system rokbft w4 10 Opal @ %ftM ampRO e, 11 in Ilk, i ! a for additional power genaradontacifte. Ftntlrwft shoudt im r,*V~ ROOM fury Fund. B . RAILBELT ENERGY FUND The Railbett Energy Fund should be reserved for energy related capital projects within the Ra lbelt of Alaska from Homer to Fairbanks, consistent with the intent of prior appropriations. The Caucus opposes use of Railbelt Energy Funds for govemment operating expenses or for projects outside of the Railoelt. If a decision is made to spend these funds for other purposes, the Caucus supports distribution of the remaining funds within the Railbelt for economic development projects. 5 November 11, 1989 1990 Legislative Positions PART III ALASKA HIRE A. LEGISLATIVE REMEDIES Kenai Peninsula Caucus The Caucus supports the concept of "ALASKA HIRE" by private and government employers. Local govemmeM "mW sncoulriq► the State to talm the least at legislative reroediee to dstArmirw whether a -ALASKA NtRE' law will 100"� now Ow ado0v oreft+a ms ~ wcu!6 mandate "LOCAL Wa 1p Comm 11t' WINE'. S . IM, RECOMMENDATIONS In the meantirne, the State of Alaska and its locus governments should encourage its employers to voluntarily hire AlasM residents by assuring a poW" business climate and stable takes to attract more private sector inveslimont in pl$M and equipment arrd resident workorss. 1. SUO and tMI government contracts should include preference to Alaska bidders, Alaska hire goals, and requirements for local advertising of employment opportunities. 2. Favorable publicity should be given to employers who succeed in meeting Alaska hire goals and to those whomske employment opportunities known to local residents. Negasve publicity should be gW*n to those1hst fali. PART IV EDUCATION A. FINANCING •+._TFTM. .i (a) The Alaska Stine Constitution mandates in Article VII, Section 1, Pubic Education, that the State shall establish and maintain a system of pubic education, open to all the children. Therefore, the Caucus supports the State assuming full financial responsibility for basic education. (b) The Legislature should establish a definition of "basic education", and establish an equitable funding formula that nsums %his, basic aglu€tation is provided. Defog basic education is the key to de""ment of a fait *nUa W agate funding of education. The development of this formula should involve the muniolpsillties or districts who must fund the bcal share of education. (c) Full funding should not inhibit the rights of local government to supplement state or federal funding for education purposes beyond "basic needs" or to administer local schools. (d) The Caucus supports and encourages local tax effort for education financing. (e) The Caucus supports the use of forward funding to provide for basic education. (f) The Caucus supports legislation that would allow local school districts to have a reduction in force of teachers when either student enrollment decreases or when funding is reduced. 6 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus (a) The Caucus supports continuaebn 4 the program for reimbursement to municipalities of school construction costs at levels sufficient to p adequate faci M41,W basic eduCatiep (800 above discussion as to "basic educallon*) in socordence with the slate's di es under the Alaska Constitution. (b) The LegisMA re must dearly esl~ the types of structures slob for tahi ixa lament. This requires dined MaWards arW criteria 6wridollemdrft MoWly.. $00 lions as we necessary to cwly out the legislative program should be adl�olsd+ and ft NWAS sht>W olearly define the Itmits on regulations so as to prevent i MAirlent allonilion of the U pWOM4 sppbllshad pnggam. (c) The Caucus opposes any effort by the State to reduce school debt reimbursement through deduction of interest earned on sdwd bond ' proceeds. (d) The Caucus supports a single, state wide grant program for future "basic' school construction together with State controls over the level of bonded indebtedness for school construction as proposed in bills sponsored by Representative IC. E. Swwaokhammer In the ISO and ISee legislative sessions. (a) The Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Aloska,,lo sell its general obligation bonds to refidanpe all existing municipal school debt. 3. Post"SecondagfEdygtion: The Caucus urges the Legislature to provide adequate capital and operational funding needed by the University of Alaska to fully service quality higher education needs of the State of Alaska. B. RECLASSIFICATION GUIDELINES The Caucus urges the Legislature to set up guidelines to assist communitles considering municipal reclassification for the transfer of the educational system to organized HomugM from Regional Education Attendance Arose (REAAs). C. SCHOOL SCHEDULES The Caucus urges the legislature to amend AS 14-03.030 to enable lore school boards to establish alternativo school terms for reasons other 1 than sba#ng asbefts health hazards by rodok rq •eohooi terra'' in Tie 14 as: "A school term shall include not less than 180 days in session, unless, with the approval of the commissioner, a school board adopts a school term of not less than 150 days for a school and the commissioner finds that: (a) the shorter term is necessary; and (b) the school board has submitted to the commissioner an acceptable plan under which students will receive the approximate educational equivalent of a 180-day term." 7 November 11, 1989 1990 Legislative Positions PART V TAXATION AND FINANCE A. STATE BUDGET Kenai Peninsula Caucus 1. fiWe QNrAJW Bli The legislature should reduce the state's operating budget, appropriations for existing local school debt service reimbursement should be maintained at 100% of the reimbursement entitlement and appropriations for highway maintenance should be restored to levels prevailing, In 191i16. a. Where shared revenues are provided to local governments and school districts, the assistance should be conditional upon some degree of local scales and property tax effort. b. When reductions are made in municipal assistance, revenue sharing, school foundation assistance and other forms of local government assistance, equivalent reductions should be made in the total operating budget for state agencies. 2. State Capital Budget. The capital budget must never be less than the amount required to attract matching federal funds. The capital budget should give priority to projects which will mirurnize local government obligations and promote sconorriic development. • 3. Distribution of Fish Tax Revenue Shy The legislature is urged to change its budgeting and appropriation procedures so that raw fish tax revenues wits be fully distributed in a timely manner to all eligible municipalities as provided in AS 43.75.130. Distributions to municipalities should not be limited by erroneous estimates appropriated in the State budget. B. BOROUGH BUDGET 1. Multi -Year Financial Plans. The Kenai Peninsula Borough Assembly, the School District and the Borough Service Areas are encouraged to adopt mufti -year financial plans. These financial plans should identify service objectives and three (3) year projections of revenue and expenditures. The plans should be updated each year at the conclusion of a pubic hearing. 2 Budget Pgu,;;Stidernggs. The Borough Assembly should assume a more aggressive role in guiding the annual budgetary process. Toward We objective, the Assembly should consider and adopt annual budget policy statements in January of each year. The bud et policy statements should reflect principles and priorities to be used by the Mayor, brie School Board w4 Service Area Board in preparing budget requests for the subsequent flacal year. 3. Local Tax Effort. As a part of the Borough's long term financial plans and annual budget policy statements, the Borough Assembly should consider and adopt guides concerning the level of local taxation. Property tax rate limitations should be encouraged on spending for schools, service areas and other general purposes. C. TAXATION, ACCOUNTING AND REPORTING REQUIREMENTS 1. Taxl2ayer Ngtffication of State Assistance. The Department of Community and Regional Affairs is urged to used the same options for taxpayer notification for excess municipal assistance as required for State Revenue Sharing, State Aid for School Construction, and State Foundation payments under AS 29.45.020 so that all such notifications would be accomplished by publisfting a statement in local papers. The current requirement to provide notice of excess municipal assistance use with each tax statement places undue hardships on local governments. 8 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus 2. Acco ntu ina far Cigaratte Tax 8MMMw. The Department of Education is urged to change 4 AAC 36.10 to permit the use of the Central Tromp ty concept In accounting for cigarette tax revenues for schools. 3. Motor Vehicle Taxes. The legislature is urged to amend AS 28.10.431 so that the schedule of fees for taxes on licensed vehicles colbded for local governments would be approximately equivalent to the revenim that would be aollooted fRrm ada y r pownail peoperly taeaea4t an Motor vehicles. Thaw fees hm rant been wAsed since 1976. 4. lilt& ,S an Cppstaiglion GgntrAgj ftainaglit. The legislature is urged to exempt municipalities f m the requirement to pair 10.6% interest on constnw ion contract retainage as provided in AS 36.90.001. This interest rate ho ipo r to be h W-Wr than Inwsttnent M10ket rates. Failure to withhold retilinap polfdn no inane" mmse for boo" lfia coloruallon. PART VI TRANSPORTATION AND PUBLIC FACILITIES A. CORRECTIONAL FACILITIES The Caucus encourages the State of Alaska to build the second hag of the Seward Correctional Facilities as soon as possible. B. ROADS AND HIGHWAYS The Alaska Legislature and the Department of Transportation and Public Facilities should give priority to highway improvements and maintenance on roads that connect population centers, serve as school bus routes, provide access to seaports, visitor attractions and economically viable resource areas. 1. State appropriations for highway maintenance should be restored to levels prevailing in 1986. 2. The Federal Aid Highway Improvement Priorities of the Caucus are as follows: Priority Project Description 1 Storing Highway Reconstruction (Sterling to Soklotna) 2 Kon al W infancy Widening (SGoWtna to Kenai) 3 SewW HWOKM Reconstruction (MP SO to MP 65) 4 Slewwd 1 11100w" / Nosh Road lMwwc§on ftpvvemerts 5 Kenai Sprur Hghway / Forest Drirrs Inter on Signaltgaalion 6 Sterling Highway Reconstruction (Anchor Point to Homer) 7 Kenai fVvw Bridge Wi dewing at Soldetna 8 Sewaid Reconstruction (MP 0 to MP 36) 9 Kenai River 900go Cmssirrg at Fumy River 10 Exit Glacier Road Reconstruction (MP 0 to MP 3.9) 11 Kaltomsky Beach Road Widening (Soklotna to Bridge Access Road) 12 Sterling Highway Reconstruction (MP 30 to MP 60) 3. The Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Alaska to sell its General Obligation Bonds to accelerate financing for high priority federal aid highway improvements. Debt service on these bonds should be financed from future federal highway aid appropriations and an increase In the State motor fuel tax. 9 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus C. AVIATION The Department of Transportation and Public Facilities should update its Aviation System Plan to move aviation safety at airports within the Kenai PenkwA Borough. Priority shoal be gloon to the reuse of Federal Aviation Trust Funds (tended by the Reagan Administration) for Installation of improved weather reporting, navigogon arras ally ""ems. The Airport Capital improvement Pie of the Caucus are as follows: 1 Homer Runway and Taxiway Resurfacing 2 Soldotna Runway aid Taxiway Resurfacing 3 Seward General Aviation Apron and Tie Down Area Expansion 4 Seldovia R urwiny Lighling and Paving 5 Kenai North Runway Safety Zone Clearing 6 KwW Runways Iftlen lion 7 Sewaro Runway Extension 8 Seldlovia Runway Extension 9 Anchor Point Ai Wrt Land Acquisition D. SOLID WASTE DISPOSAL 1. Refuse Compactors. The Caucus supports a legislative grant to the Kenai Peninsula Borough for the acquisition of refuse compactors for the Kenai. Soidotna. Seward and SeldwAa areas. 2. Waste Disposal Advisory Commigsion. The Caucus supports estate rnent of a Borough Advisory Commission to develop long range plans for waste disposal and to administer Borough codes and regulations pertaining to both domestic and hazardous waste disposal. E . STATE HIGHWAY MAINTENANCE FACILITIES The Caucus urges the Department of Transportation to relocate its Seward and Sokdotna Highway Maintenance Facilities out of their existing downtown locations. F. SENIOR CITIZEN HOUSING The Caucus urges the State of Alaska to appropriate a grant to the City of Kenai for the design and construction of a Senior Citizen Congregate Housing Facility In louu of building a Pioneer Horne on the Kenai Peninsula. 10 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus G. MARINE TRANSPORTATION SYSTEMS The Marine Capital Improvement Priorities of the Caucus are: Priority Pmojec2 Description 1 Seidovlat Ferry Tom" and Dock Rehabilitation 2 M.V. Tusturrom ReturbishmeM 3 Seward Ferry Taw mkW and Dock Replacement 4 Homer Ferry Dock, Stagkg Am& and Parking kr provements Priority Project Description 1 Sekfovia Small Boat Harbor Float Reconstruction 2 Anchor Point Sall Water Aocess and Small Boat Harbor 3 Seward Marine IndusWal Center iVrbrlh Dock Consbucsion 4 Horner Small Boat Harbor Floa l Reconstruction 5 Niniichik Harbor Improvements PART VIl TORT REFORM The Caucus supports legislation which would enact these tort reforms: 1. Limiliing Attomeys' Cont rogency Fees; 2. Changing the "Coiaterat Source Rule" so that a plaintiff could not recover twice for the same damages; and, 3. Establishing a cap of $250,000 on non -economic awards, such as those for punitive damages and "pain and suffering". PART Vlll LAND USE A. COASTAL ZONE BOUNDARIES The boundaries of any Coastal Zone Management Plan within the Kenai Peninsula Borough should be limited to lands where devetopmert would pose a erect and significant negative environmental impact on coastal resources. 1. Elevation Changes. The Caucus opposes proposals which would revise the current coastal zone boundary throughout the Kenai Peninsula Borough from the 400 foot elevation to the 1,000 foot elevation to include the upper Kenai River and Kenai Lake area, the Fox River and the Beluga area watersheds. 2. Corridors Mona Rivers and Tributaries. The Caucus opposes proposals which would revise the coastal zone boundary to include a 350 foot corridor along the Kenai Peninsula's rivers and their tributaries, measured from the mean high water mark. 11 November 11, 1989 1990 Legislative Positions Kenai Peninsula Caucus 3. Inventory Aaj M g ritiCal Halh tat &WA& The suggested justification for these coastal zone boundary chaxpes, 'lo a establish a ant Borough wide coastal bowxW might make management easier, but it is not worth do i oompbalMA hqxm on dint M theme areas. Coastal zone boundaries should not be dwilloid witif aftal habitats have been IoNeniorled and mapped. ®. AREAS MERi TIN« SPECIAL AT NTION Any plan for an area designated for special attertlon in the Kenai Peninsula Borough's Coastal Zone Management Plrn shouk! clearly pmvW for rosouroa extraction, c�onurrterr�l OW kuhaMei land uses. It is adcnc� , 4 11 41 i M �,► us a `I�al,' but 'sane dev—,910potwitm st be arl d in these woo fear 64i "Weiss w ell INillf dl d isi botoo It inhebita t ts. C. DESIGNATION OF WILDERNESS AREAS The Caucus opposes any further deafgnnation of "wilderness lands" within the Kenai Fjords National Park. D. WETLANDS LEGISLATION The Caucus opposes the "no net loss' wetlands policies currently under consideration by the U.S. Congress. PART IX INTERGOVERNMENTAL RELATIONS A. BOROUGH SPECIAL SERVICE AREAS The Borough Assembly Is encouraged to continue to provide the mechanism for areas of the Borough to organize as Special Service Areas when residents desire increased public services, which are not desired Borough wide. The Caucus supports local control by the Service Area Boards In the development, management and implementation of service area plans, services and projects. Service Area Beards are encouragW to sstaWIM service area property Ill* rats► Imo, not to be exceeded unless approved by a majority of the service area's voters. 8. FOREIGN TRADE ZONES The Caucus urges the Borough Economic Development District to initiate such actions as may be necessary to establish Foreign Trade Zones within the Kenai Peninsula Borough. C . MILITARY FACILITIES The Caucus endorses proposals made to homeport U.S. Navy vessels in the City of Seward and urges a timely determination that the Port of Seward is the site best suited in the State of Alaska for these purposes. The Caucus, likewise, urges the U.S. Defense Department to consklor communities and airports within the Kenai Peninsula Borough for future land based activilies or defense installations. D. PUBLIC EMPLOYEE LABOR RELATIONS The Caucus opposes any proposed legislation which impose binding arbitration on local governments and school districts. 12 November 11, 1989 KENAI PENINSULA CAUCUS RESOLUTION AS - (Introduced by John Ids, h6W of Kenai) A RESOLUTION IN SUPPORT OF LOCATTtN� A COLD WATER HELICOPTER TRANNNN�NG AND RECOVERY SCHOOL AT THE KENAI AIR IN THE CITY OF KENAI, ALASKA WHEREAS, the Kenai 'Peninsula Caucus rem Keneii Peninsula municipal governments and Chambers of Commerce and serves to prmtale INorysicai, s+o W and economic well being of the Kenai Peninsula Borough; and, WHEREAS, the Kenai Airport in the City of Kenai is strategically located in Southcentral Alaska for a helicopter recovery training school; and, WHEREAS, the City of Kenai Airport and its facilities are available to support these type of training activities and this type of training center would' not be detrimental to the environment of the City of Kenai, its Airport or the Kenai Peninsula as a whole; and, WHEREAS, the citizens of the City of Kenai have accepted a proposal of placing this type of facility within its community; and, WHEREAS, the University of Alaska Mining and Petroleum Extension Service will become the primary operator of this facility; now, therefore, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI PENINSULA CAUCUS: The Kenai Peninsula Caucus SUPPORTS the actions of the City of Kenai and the University of Alaska in locating a Colo Water Helicopter Training and Recovery School at the Kenai Airport in the City of Kenai, Alaska. ADOPTED this day of , 1989. Andrew Patapoff, President ATTEST: Darryl Schaefermeyer, Secretary KENAI PENINSULA CAUCUS RESOLUTION 89-_ (Introduced by Buzz Kyllonen, Anchor Point Chamber of Commerce) A RESOLUTION URGING THE BOROUGH ASSEMBLY AND THE ALASKA LEGISLATURE TO CONWER AN IMPROVEMENT FOR THE ANCHOR POINT BEACH ROAD FROM THE OLD STEERM HIGHWAY TO COOK INLET AS A PRIORITY ECONOMIC DEVELOPMENT PROJECT FOR YHE KOM PENINGULA 9014OUGH WHEREAS, the Kenai Peninsula Caucus represents Kenai Peninsula municipal governments and Chambers of Commerce and serves to promote the physical, social and economic well being of the Kenai Peninsula Borough; and, WHEREAS, a project to widen and pave Anchor River Beach Road would create more diverse tourism opportunities on the Kenai Peninsula by enhancing visitor access to the Anchor River, Cook Inlet and the five public campgrounds which the State has provided along the banks of the Anchor River; and, WHEREAS, an improved Anchor River Beach Road would improve response time to emergencies which occur on Cook Inlet between Homer and Deep Creek and facilitate essential health and safety services for area residents and visitors; and, WHEREAS, funds may become available during the next fiscal year from the Railbelt Energy Fund for "economic development projects" which the Borough Assembly has identified as priorities within the Kenai Peninsula Borough; and, WHEREAS, the Caucus supports actions which would enable financial assistance to become available for the improvement of the Anchor Point Beach Road; now, therefore, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI PENINSULA CAUCUS: Section 1. The Kenai Peninsula Caucus SUPPORTS an improvement for the Anchor Point Beach Road as a priority economic development project for the Kenai Peninsula Borough. Section 2. The Secretary is hereby directed to send a copy of this resolution to all state legislators who represent the Kenai Peninsula Borough and to each member of the Kenai Peninsula Borough Assembly. ADOPTED this day of , 1989. Andrew Patapoff, President ATTEST: f Darryl Schaefermeyer, Secretary 1791-1991 CITY OF KENAI "Od Capdai 4 4i""P' 210 FIVALGO KENAI, ALASKA qW1 TELEPHONE 283 - 7535 FAX 907-283-3014 CALENDAR O F MEET = NG S MONTH OF- D E CEMBE R' 1 9 8 9 December 6 City Council 7 Economic Development Commission - HEA Conference Room 11 Harbor Commission 13 Planning & Zoning Commission 14 Airport Commission 20 City Council 25 Holiday - Christmas Day * All meetings are held at 7:00 P.M. in the Council Chambers unless otherwise indicated. Janet Loper Deputy City Clerk jal fit! 14t Lie MERRY CHRiSTMAS P BiB Kenai Bicentennial Visitor And Convention Bureau has Bingo every Friday at the American Legion Hail. Doors open 5.30 p m. Bingo 7 p.m. MARKETING OVERSEAS Information is available at the Chamber Office on -Marketing U.S. Consumer goods in Japan". If interested stop by to read this information. LOG 9AI3I H AWARQ " Citizen of the Year" and ATHENA 6WARD -Professional Excellence for Worf*A in Business" will again be presented at the awards banquet in January. If you know of someone to be considered by the nominating committee call the Chamber Office with your nominations. The committee will begin selections this month. A-V.A. The Quarterly meeting of A.V.A. will be held 12/2/39 , 10am. in Homer at the Best Western Bidarka Inn. Mary Pignaiberi, State Division of Tourism, is scheduled to speak on the filming of "'afhite Fang " by Buena Vista Studios. CHRI TMAS DECORATION COLDEST. -'he Chamber and Merchants Assn. will be sponsering is Christmas Decoraton Contest. To nominate a Business or Residence, call the chamber office at dowations only. Thank you ARCO for your generous donation of a Fax Machine. A big thank you to all those that volunteered their time for "Christmas Comes to Kenai". This event was a.wonderful success. All 400 movie passes were given out, over 600 cups of hot chocolate were served in the morning and dog sled rides :were enjoyed by the children. Alarge crowd kept warm by the bonfire %vhil. ,watchinq a spectacular show of fire works . Thank You to all who participated and made this day a great success. WELCOME TO NEW MEMBERS Posey's Kenai River Hideaway, Bed & Breakfast .June Posey. We appreciate your support and look forward to working with you. December 13 December 20 December 27 Rick Halford, Permanent Fund Gene Lassard, Beetle Expert of State & Private Forest Service. Mike Burns, Ivey Bank. States Economy from a Bankers Prospec No Chamber Luncheon. BEAR DONATIONS CAN BE MADE OUT TO- " KEN A 1 CH AMP'EP OF COMMERCE - BE AR ACCT " Any amounts appreciated, larger Donators will be engraved on Base Plaque ,030 31.123 O �C 1989 � �o R O (CLERIC z: r• C.'F KSM.� Monday f Tuesday December 1 98. Yednesday Thursday Friday r CHAPTER BOARD MEETING 12.00 p.m King Oscar's ■ st,, Chr . Greater) Kenai Chamber of Commerce Box 497 Kenai. Alaska 99611 �BICI MTG. CHAMBER MTG. 11 30 a.m Rick Halford- King Oscar's Permanent Fund Salvation Army - SCHOOL BOARD Chinese Auction MTG. 12 :00 pm King Oscar's 338/27 ALLIANCE MTG 11:45am Kiley tower's 345 /20 f 346 / 19 E?IC I h1i3T. � 11 30 a rn Klni Oscar's � ' Ci1► UL BOARD MEET94G Christmas Prooram 72/13 001353/12 360/S j 340/25 11 341 /24 V CHAMBER MTG. C44W tarsa * - ftetrlo: Expert wit State and Private Forest Servica Salvation Armia- Chinese Auction 12!30 p.m King Oscar's 4L 347/18 9� 348/17 1 CH AMBER MTG. QM WV Music by K.C.H.S Mike Burns of Key Bank- Mate E(wpomy in MV9 DOW Relation to Banking 12%p.m King Oscar's 354/11 �9 Saturday Sunday K.C.H.S Christmas Choi- Concert 335/30 1 336/29 337/28 CHMIOER WARD TCraft Bazar at the MTING Amory 12.00 p.m Kina Oscar's 342/23 ® 343/22 CHAMBER BOARD MEETW 12:00 P rn Kmtt Oscar's 11! 344 /21 9/16 1@+350/15 1§ 351 /14 RM WNW 1' 1361/4 362/3 1363/2 I364 / 1 91 TARO /Z CITY OF KE111,,1 110d Oapd4d &J 4" 210 FIDij1iM 1(OW, ALAS" M11 TKAPHM M - 75M 4 I .1�,AI 121 kIW TO: Bill Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: December 1, 1989 SUBJECT: Grant for the Kenai Boardwalk Project FOR: Council meeting of December 6, 1989, INFORMATION The grant for the Kenai Boardwalk Project has been held up because of the requirement that the project has to be built on land that belongs to the City of Kenai. A portion of this project is to be built on the State of Alaska, Dept. of Transportation & Public Facility's right-of-way. We are presently about to receive ownership of this property and, hopefully, receipt of the grant. Mr. Pat Malone, of Malone Surveying, has generously donated his time and expertise toward the surveying and coordination in getting the transfer of the property to the City of Kenai. On October 23, 1989, Pat completed the as -built drawing of the pull-out area which is part of the Boardwalk project. The City then took the as -built drawings and put the dimensions of the tract of land that needed to be transferred over to the City of Kenai and gave back the marked up drawing to Pat on October 25, 1989. On October 30, 1989, Pat sent these preliminary drawings to Mr. Daniel Beardsly, the Chief of Right -of -Way for Southcentral Region of the DOT & PF. In a letter addressed to Pat Malone, dated November 22, 1989, Mr. Beardsly states that all comments are favorable concerning the transfer of the State right-of-way to the City of Kenai. He goes on to state that he is in the process of submitting the request to the Federal Highway Administration for their concurrence. On November 27, 1989, I contacted Pat to get a status report on the project. He said that he would call Mr. Beardsly and get an estimate of time that it will take to get the Federal ok for the land transfer and find out if whether or not we needed to start a vacation of land with the Kenai Peninsula Borough. Pat also said that he would contact Neil Johanson, State Parks Division, to inform him of the project status and explain the problems we are having at this time. Page 2 Today I spoke with Pat who informed me that Mr. 8eardsly has received verbal ok from the Federal Highway Administration concerning the transfer of the land. Mr. Beardsly said that we should receive written confirmation next week and possibly even the deed giving ownership of the property to the City of Kenai. It seems that we are slowly progressing with this project but then that is actually the norm when dealing with both State and Federal agencies. I will keep you informed as to when we get the deed and actually receive the grant. cc: City Council Fred Braun, Kenai Chamber LAW ti Drug Testing Becomes 1 Corporate Mine Field By WAYNE E. GREEN Staff Reporter of TaE WALL STRX:1C r JovnrAL Now that employee drug testing is such a hot item with the business community, companies are scrambling for legal advice on how to go about it. The surest counsel: Move to Utah. Except in that state, where employers face few limits, employee drug testing is largely a legal crapshoot. In at least a dozen states, it's restricted by statutes, which vary widely. At least three cities have ordinances. And court cases abound, often producing conflicting decisions on when drug testing is permissible and when it violates employee rights —to privacy, for _ example. ,. "You have to go through this Chinese menu to figure out what may and may not apply to you," says Lloyd Loomis, senior-, corporate counsel for employee relations at Atlantic Richfield Co.. "It's really a quagmire of problems." Caution Advised Part of the trouble is that courts are just now beginning to digest the various ways employers test workers. The Su- preme Court recently ruled that certain government drug -testing plans don't vio- late the Constitution. But private -employer programs are governed mainly by state law, where guidance is elusive, especially if blanket, random testing is involved. Lower courts in Michigan and Texas re cently sided with employers, for example, but a New Jersey judge took the opposite tack. "When advising an employer on drug testing, you really have to say there are a lot of undecided issues out there," says T.J. Wray, a lawyer with Fulbright & Jaworski in Houston. Adds Howard Lavin, a lawyer with Stroock & Stroock & Lavan in New York: "The buzzword would be caution." _ The uncertainty apparently isn't dis- couraging employers. A Labor Department survey last year found that one -fifth of all private -sector employees work for a com- pany that conducts drug testing of some sort. And lawyers say interest is picking up, spurred by the federal government's efforts to test its own workers and, some say, by the prospect of damage suits if a drugged -up employee isn't tested and ends up hurting someone. i5 Moreover, corporate labor lawyers in- sist that drug testing programs usually are defensible if they're carefully spelled out to employees in writing and applied in lim- ited situations: where an employee is rea- sonably suspected of using drugs, for ex- ample, and where drug usage could pose a threat to public safety. But anything broader, particularly random testing of all employees regardless of suspicion or pub- lic danger, is risky. "You just can't tell an employer, 'Yes, you can test everyone,' " says David Ba- con, a lawyer with Adams, Duque & Hazel- tine in Los Angeles. "You have to take a long, hard look." State statutes, where they exist, offer some guidance but differ uidely. Utah, for example, specifically permits drug testing of employees and applicants, and autho- rizes the firing of employees who refuse or test positive. Though the law itself might be challenged it provides that employers can't be held liable for drug testing if cer- tain procedures are followed. Maine permits testing for "probable cause," but limits random testing to safety -sensitive jobs. Rhode Island bans testing unless drug use appears to be im- pairing an employee's job performance. Limited Privacy Right Court decisions also send differing sig- nals. In February, the Alaska Supreme Court approved a drug testing program of Nabors Alaska Drilling Inc. Nabors, a drilling -rig company, had been sued by two employees, one fired after refusing to take the test, a second after testing positive for marijuana. The case was important pa y because Alaska's constitution guarantees a right of privacy. But the court said that provision protects citizens only against government intrusions, not those of a private employer. Similarly, a U.S. district judge in Ann Ar- bor, Mich., last year refused to enforce Michigan's constitutional ban on unreason- able searches and seizures against a pri- vate company, thereby rejecting the claims of four security guards who had been fired by Electronic Data Systems Corp., a unit of General Motors Corp., af- ter testing positive for marijuana. In contrast, a state judge ruled last April that the same provision in New Jer- sey's constitution does prohibit random drug testing by private companies there. "Whether It be a private or public em- ployer,. a 'free-for-all' approach to drug testing cannot be tolerated," said Donald A. Smith Jr., a New Jersey Superior Court judge. Judge Smith said such tests are permis- sible only if there is "reasonable suspi- cion" that an employee is using drugs. He added that the employer in this case hadn't adopted sufficient written standards and other safeguards needed in applying the test. His decision upheld a wrongful -dis- charge claim filed against Coastal Eagle Point Oil Co. by James Hennessey, a refin- Please Turn to Page B8, Column 5 MN FO /49 i V' it LAW LEGAL BEAT/By AMY DMOR MLA*CUS and STEPHEN WIMM1EL Innocent Land Buyer Is Ordered To Pay Costs of Toxic Cleanup } The New York State Court of Appeals ordered Powers Chemco Inc. to pay the cost of a toxic -waste cleanup at a site pol- luted by a prior owner. The court ruled that the company's insurance policies don't cover the damage even though Powers Chemco was an innocent purchaser of pol- luted land. Powers Chemco, currently called Chemco Technologies Inc., purchased the site in 1978. Five years later, the com- pany discovered leaking drums con. taining hazardous, waste that had alleg. edly been buried by the prior owner. Chemco's in- surer, Federal In- r ' surance Co., contended that its comprehen- sive general -liability policies exclude cov- erage for intentional pollution. The fact that Chemco .wasn't the actual polluter is irrelevant, says David A. Schulz, a lawyer for Federal, a unit of Chubb Corp., of War- ren, N.J. 16`:)� , Chemco. a Glen Cove, N.Y., manufac- turer and distributor of photographic sup- plies and equipment, argued that the poli- cies should apply because the company didn't intend to pollute the environment and had merely inherited the. problem from the prior owner.. i t • In its decision, New York's highest court ruled that there was nothing inthe policy language to indicate that Federal in- tended to pay for pollution caused by a third -party. "In other words, [the 1 plaintiff seeks to be indemnified for intentional dis- charges of waste; leading to the ultimate pollution of the environment," the court wrote. >a A spokesman for ,Chemco declined to comment because he hadn't yet reviewed the decision. Lawyers for Chemco didn't return phone calls." Insurance lawyers said the ruling may # curtail the number of toxic -cleanup suits brought by innocent purchasers of land. {f "This puts an end to the distinction be- tween an active and a passive polluter,' : says Thomas W. Brunner, a lawyer who :t represents the Insurance Environmental Litigation Association and filed a friend of the court brief. "It doesn't matter what your involvement was in the pollution, just the nature of the damage." PROPOSED REGULATION UFO /a' Au thorized Gaines of Chance and Shill Notice is given that the Department of Commerce and Economic Development, Division of occupational Licensing, cinder authority vested by AS 05.15.060 and AS 05-15.130, proposes to adopt a new regulation in 'Title 12 of the Alaska Administrative Code which defines who may and may not sell pull -tabs on behalf of a permittee. This -regulation serves to clarify and implement AS 05.15.060, AS 05.15.122, AS 05.15.130 and AS 05.15.160 as follows: 12 AAC 34.410, AUTHORIZATION TO SELL PULL -TABS, is proposed as a new section to identify who may and may not sell pull -tabs to the public. This section will substantially curtail the current use of third -party "vendors" to sell pull -tabs on behalf of a permittee. The Department of Commerce and Economic Development does not anticipate adopting this regulation (or a similar one) until after the issue of vendors selling pull -tabs has been addressed by the Legislature in 1990. This proposed regulation reflects the current position of the department on this issue and, if no Legislative changes are made, may be adopted after the written comment deadline stated below. If one is not attached to this notice, a copy of the proposed regulation may be obtained by writing to the Division of Occupational Licensing address indicated below or by telephoning (907) 465-2537. Notice is given that any person interested may submit comments relevant to this proposed regulation by writing to Kevin Henderson, Regulations Specialist, Division of Occupational Licensing, P.O. Box D-LIC, Juneau, AK 99801, so that those continents are received no later than NM tMA7.�,�21, Notice is also given that oral or written comments can be made during any of the hearings listed below: TELECONFERENCE Legislative Information Offices in Juneau, Ketchikan, Sitka, Bethel, Mat -Su, Kodiak, Kotzebue, and Nome KENAI/SOLDOTNA Kenai Peninsula Borough Assembly Chambers 144 N. Binkley, Soldotna ANCHORAGE Egan Convention Center Space 2, Lower Level 555 W. 5th Avenue FAIRBANKS Noel Wein Library Auditorium 1215 Cowles Street Tuesday, December 12, 1989 9:00 a.m, to 12:00 p.m. Wednesday, December 13, 1989 1:00 p.m. to 3:00 p.m. Thursday, December 14, 1989 9:00 a.m. to 12:00 p.m. Friday, December 15, 1989 9:00 a.m. to 12:00 p.m. All hearings will continue uiily__asVR9 _las__tl'Ake are_MQe to testi fy, b u t will not be extended past the ending times indicated above. This action is not expected to require an increased appropriation. After the deadline stated above, the Department of Commerce and Economic Development may adopt a regulation within the scope of this notice, without further notice, or may decide to take no action on it. C DATE: H P Randall Burns, Director 1 B r s, ni,rlvinn of dv..-,+natinnal Licensina PROPOSED REGULATIONS. DEPARTMENT OF COMMERCE AND'ECONOMIC DEVELOPMENT DIVISION OF OCCUPATIONAL LICENSING 12 AAC is amended by adding a new chapter to read: 12 AAC 34.410. AUTHORIZATION TO SELL PULL -TABS. (a) No person may sell pull -tabs to the public on behalf of a permittee, unless that person is (1) an active member of the organization holding the permit on whose behalf the pull -tabs are being sold, where (A) the member receives no compensation or consideration for selling the pull -tabs for the organization, and (B) no expenses for allowing the pull -tab sales to be conducted are charged against the organization holding the permit; (2) a paid employee of a permittee; (3) a licensed operator under contract to a permittee; or (4) a paid employee of a licensed operator. (b) Except as described in (a)(4) of this section, a pull -tab operator may not use another person to sell pull -tabs on the operator's behalf. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.130 AS 05.15.187 AS 05.15.210 REVISED DRAFT 0225R -1- November 16, 1989 PROPOSED REGULATIONS Authorized Gaines of Chance and Skill Notice is given that the Department of Commerce and Economic Development, Division of Occupational Licensing, under authority vested by AS 05.15.060 and AS 05.15.130, proposes to adopt new regulations in Title 12 of the Alaska Administrative Code dealing with operators, pull -tab manufacturing and distribution, pull -tab sales, bingo session limits, prize award limitations, definitions, repeal of regulations in Title 15, Chapter 105, and other provisions, all of which serve to clarify and ilement AS 05.15.060 and AS 05.15.130 as follows: .' 1. 12 AAC 34.200, OPERATOR LICENSE REQUIRED, is a new section which clarifies when an operator is required to be on contract to conduct gaming activities; 2. 12 AAC 34.210, OPERATOR REPORTING REQUIREMENTS, is a new section which clarifies operator reporting requirements; 3. 12 AAC 34.220, OPERATOR RECORD KEEPING REQUIREMENTS, is a new sec- tion which clarifies operator record keeping requirements; 4. ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION, is a new article which addresses the manufacturing and distribution of pull -tabs, in- cluding new state identification labeling requirements. This arti- cle includes the following sections: 12 AAC 34.300 STANDARDS FOR CONSTRUCTION OF PULL-TABS �1lsag 12 AAC 34.310 PULL -TAB SERIES ASSEMBLY AND PACKAGING 12 AAC 34.320 MANUFACTURER DISTRIBUTION 12 AAC 34.330 STATE IDENTIFICATION LABELING 12 AAC 34.340 MANUFACTURER'S MONTHLY REPORT ��9 �9 12 AAC 34.350 PULL -TAB DISTRIBUTOR LICENSING APPLICATION r � <� Gti 12 AAC 34.360 DISTRIBUTOR'S MONTHLY REPORT '9 �, 12 AAC 34.370 PURCHASE OF PULL -TABS BY LICENSED DISTRIBUTORS '��z�{o�62�`'+ 12 AAC 34.380 SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR 12 AAC 34.390 PULL -TAB TAX 5. 12 AAC 34.400, LIMITATION ON PULL -TAB SALES, is a new section which de- fines what is considered a game or series of pull -tabs and clarifies the intent of AS 05.15.187(b); 6. 12 AAC 34.500, BINGO SESSION LIMIT, is a new section which expands the number of bingo sessions allowed per month which can be conducted by a permittee and the number of sessions allowed when conducted by an oper- ator; 7. 12 AAC 34.900. PRIZE AWARD LIMITATIONS, is a new section which clari- fies the statutory and regulatory limitations on payment of prize awards for bingo and all other authorized games; 8. 12 AAC 34.990. DEFINITIONS, is a new section established to define terms used in this chapter, including, but not limited to, the defini- tion of a permittee, pull -tab, and pull -tab game; (Over) 9. 15 AAC 105.110(5), which set a bingo session limit of nine per month, is repealed; 10. 15 AAC-105.330, which set restriction on the distribution of pull -tabs, is repealed; 11. 15 AAC 105.350, which established an additional prize award limitation, is repealed. Copies of the proposed regulations may be obtained by writing to the Division of Occupational Licensing address indicated below or by telephoning (907) 465-2537. Notice is given that any person interested may make written comments relevant to these proposed regulations by writing to Kevin Henderson, Regulations Spe- cialist, Division of Occupational Licensing, P.O. Box D-LIC, Juneau, AK 99801, so that those comments are received no later.than MONDAY, JANUARY 8, 1990. Notice is also given that oral or written comments can be made during any of the hearings listed below: , TELECONFERENCE Tuesday, December 12, 1989 Lesiglative, Information Offices 9:00 a.m. to 12:00 p.m. in Bethel, Jau, Ketchikan, Kodiak, Kotzebue, Mat -Su and Nome KENAI/SOLDOTNA Kenai Peninsula Borough Assembly Chambers 144 N. Binkley, Soldotna ANCHORAGE Egan Convention Center Space 2, Lower Level 555 W. 5th Avenue FAIRBANKS Noel Wein Library Auditorium 1215 Cowles Street Wednesday, December 13, 1989 1:00 p.m. to 3:00 p.m. Thursday, December 14, 1989 9:00 a.m. to 12:00 p.m. Friday, December 15, 1989 9:00 a.m. to 12:00 p.m. All hearings will continue only as long as there are people to testify, and will not be extended past the ending V Ii n cdi atea above. This action is not expected to require an increased appropriation. After the deadline stated above, the Department of Commerce Development may adopt regulations within the scope of this further notice, or may decide to take no action on them. RaVdall P. Burnsf-Director Division of Occupational Licensing DATE: I( and Economic notice, without PROPOS5D REGULATIONS DEPARTWNT OF 0360ECE AND SIC DEVELOPMENT DIVISION OF OCCUPATIeNAL L ICXWS Z NG 12 AAC is amended by adding a new chapter to read: CHAPTER 34. GAMES OF CHANCE AND SKILL Article 1. Operators (12 AAC 34.200 -- 12 AAC 34.220) 2. Pull -tab manufacturing and distribution (12 AAC 34.300 -- 12 AAC 34.390) 3. Pull -tab games (12 AAC 34.400) 4. Bingo games (12 AAC 34.500) 5. General provisions (12 AAC 34.900 -- 12 AAC 34.990) ARTICLE 1. OPERATORS. 12 AAC 34.200. OPERATOR LICENSE REQUIRED. (a) Except as provided in (b) of this section, an operator licensed under AS 05.15.122, must be retained on contract when any one of the following is true of the gaming activity being conducted: Y (1) a person manages, supervises, or in anyway is in charge of or responsible for conducting gaming activities on behalf of one or more permittees, including a person who receives compensation or other consideration for providing gaming services; or (2) except where operators are prohibited by municipal ordinance under AS 05.15.124, or in communities that have a population of under 5,000, two or more permittees join to conduct gaming activities, including the shared use of employees or gaming equipment. (b) Nothing in this section prohibits a permittee from conducting gaming on its own behalf without the services of an operator. (Eff. / / , Register ) Authority AS 05.15.060 AS 05.15.122 AS 05.15.130 AS 05.15.210 REVISED DRAFT 0217R -1- November 16, 1989 12 AAC 34.210. OPERATOR REPORTING REQUIREMENTS. An operator shall comply wt.tb all monthly, quarterly, and annual reporting requirements of AS 05.15 and 15 AAC 105. (Eff. / / ,-Register ) Authority: AS 05.15.060 AS 05.15.122 AS 05.15.130 AS 05.15.165 12 AAC 34.220. OPERATOR RECORD KEEPING REQUIREMENTS. An operator shall comply with all record keeping and accounting requirements of AS 05.15 and 15 AAC 105. (Eff. Register ) Authority: AS 05.15.060 AS 05.15.122 AS 05.15.130 AS 05.15.165 ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION. 12 AAC 34.300. STANDARDS FOR CONSTRUCTION OF PULL -TABS. (a) A pull -tab must (1) be constructed so that it is impossible to identify whether it is a winning or losing pull -tab, either by revealing the numbers or symbols or by the size and shape of the pull -tab, until it has been played by the purchaser; (2) be constructed using at least a two-ply paper stock construction so that it is completely opaque; (3) have conspicuously printed on the face or cover sheet, the series number and the name of the manufacturer; (4) show the consumer how to open the pull -tab to determine the winning symbols or numbers. (b) Pull -tabs within a single pull -tab series must be (1) of the same length, width, and thickness, not varying by more than 3/64 of an inch at any dimension; (2) color coded when individual series numbers are repeated. REVISED DRAFT 0217R -2- November 16, 1989 (c) A manufacturer shall establish its own method of game protection which allows the manufacturer or the 'department to �1 determine, after the pull -tab has been played, the difference between an authentic winning pull -tab and 8 nonwinning, altered or forged pull --tab. The manufacturer shall submit to the department a letter explaining the method of game protection used and shall keep the department informed of any changes. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.181 12 AAC 34.310. PULL -TAB SERIES ASSEMBLY AND PACKAGING. (a) A pull -tab manufacturer shall manufacture, assemble, and package a pull -tab series so that any winning pull -tab, or the approximate location of any winning pull -tab, cannot be determined, in advance of actually opening the pull -tab. (b) Winning pull -tabs must be evenly distributed and mixed among all other pull -tabs in the series. (c) when a pull -tab series is packaged in more than one container, the entire series of individual pull -tabs must be thoroughly mixed and distributed evenly among the containers so that the location or approximate location of a winning pull -tab or concentration of winning pull -tabs cannot be determined. (d) A container of pull -tabs must be clearly marked on the outside with the name of the manufacturer, the pull -tab series number, and the name of the pull -tab game enclosed. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.181 AS 05.15.187 12 AAC 34.320. MANUFACTURER DISTRIBUTION. (a) A pull -tab manufacturer may only distribute those pull -tabs which itself designed, constructed, assembled and packaged. A manufacturer may not sell pull -tabs that were purchased from another pull -tab manufacturer. (b) A pull -tab series may not be sold or distributed unless the manufacturer has meet the state identification labeling requirements of 12 AAC 34.330. (c) A packing slip must be included with each shipment of pull -tabs, which shows the REVISED DRAFT 0217R -3- November 16, 1989 (1) name of the manufacturer; (2) series number; (3) date the series was packaged; (4) name or identification of the person who packaged the series; and (°5) state identification number. (Eff. Register ) Authority: AS 05.15.060 AS 05.15.181 AS 05.15.185 12 AAC 34.330. STATE IDENTIFICATION LABELING. (a) The department will provide all licensed pull -tab manufacturers with state identification label and accompanying records entry labels, each pre -glued and imprinted with the some unique number or combination of letters and numbers, to be used for identifying and tracking the sale and distribution of pull -tabs present in the state. (b) A pull -tab series may not be sold or distributed unless a state identification stamp has been affixed to the flare card acto"oning that series and the state identification number is recorded in accordance with this section. (c) Before shipping a pull -tab series to a licensed distributor, the manufacturer shall (1) adhere the state identification stamp onto the lower right hand corner of the flare card accompanying that series of pull -tabs; (2) write, in permanent ink, the series number of the pull -tabs being shipped into the the space provided on the state identification stamp; (3) adhere a record entry label to the monthly report required under AS 05.15.181(e) and 12 AAC 34.340; and (4) adhere a record entry label to the invoice sent to the distributor purchasing the pull -tabs. (d) The remaining record entry labels must be included in the pull -tab series shipment for use by the distributor, operator, or permittee in accordance with other provision of this chapter. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.181 AS 05.15.185 REVISED DRAFT 0217R -4- November 16, 1989 12 AAC 34.340. MANUFACTURER'S MONTHLY REPORT. (a) The monthly report required under AS 05.15.181(e), must be submitted "i on forms provided by the department and must identify the I following inforaation for each pull -tab series shipped since the last report filed under this section: (1) name of each game; ( 2 ) series number; (3) state identification number; (4) name of the distributor to which it was sold. (b) The state identification number required in (a)(3) of this section, must be verified on the monthly report form by adhering a records entry label to the space provide. (Eff. . / / , Register ) Authority: AS 05.15.060 AS 05.15.181 12 AAC 34.350. PULL -TAB DISTRIBUTOR LICENSE APPLICATION REQUIREMENTS. An applicant for a pull -tab distributor license under AS 05.15.183 shall submit tea the department (1) a completed application on the form provided by the department; (2) the fees as required by AS 05.15.183(b); and (3) all other information or documentation requested by the department at the time of application. (Eff. / / , Register } Authority: AS 05.15.060 AS 05.15.183 12 AAC 34.360. DISTRIBUTOR'S MONTHLY REPORT. (a) The monthly report required under AS 05.15.183(d), must identify the following information for each pull -tab series distributed since the last report filed under this section: (1) name of the game; (2) serial number; (3) state identification number; (4) date distributed; (5) manufacturer; (6) price per ticket; (7) ticket count; (8) gross pay out; (9) ideal net; and, REVISED DRAFT 0217R -5- November 16, 1989 (10) name of the permittee or operator to which the pull -tab series was sold; and (11) any other information the department may require. (b) The state identification number required in (a)(3) of this section, must be verified on the monthly report form by adhering a records entry label. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.183 AS 05.15.185 12 AAC 34.370. PURCHASE OF PULL -TABS BY LICENSED DISTRIBUTORS. A distributor shall order, purchase, or receive pull -tabs directly from a pull -tab manufacturer who adheres to the requirements of the National Association of Fundraising Ticket Manufacturers (NAFTM). A distributor may not order, purchase, or receive pull -tabs from another distributor. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.183 12 AAC 34.380. SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR'. (a) Each pull -tab series sold by a distributor must be supported by a written invoice delivered to the purchaser that identifies the (1) name of the game; (2) serial number; (3) state identification number; (4) date of the sale; (5) name -and permit number of the permittee who purchased the pull -tabs; (6) name and license number of the operator, if applicable; (7) dollar amount charged for that series; and (8) amount of pull -tab tax charged to the purchaser. (b) The state identification number required in (a)(3) of this section, shall be identified on the invoice by adhering the records entry label. The remaining record entry label must be included in the pull -tab series shipment to the operator or permittee for their use in meeting other recordkeeping requirements. (c) A pull -tab distributor may distribute pull -tabs only to permittees or licensed operators. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.183 REVISED DRAFT 0217R -6- November 16, 1989 12 AAC 34.390. PULL -TAB TAX. (a) A permittee or operator conducting gaming activities on behalf of a permittee shall pay, to the distributor, a pull -tab tax of 3 percent of the ideal net of the pull -tab series. Payment of the pull -tab tax is due to the distributor at the time the pull -tab series is distributed to the permittee or operator. The tax must be paid to the department by the distributor, whether actually collected or not, at the time of filing the monthly report required under AS 05.15. 63(d) and 12 AAC 34.370. (b) In this section, "ideal net" means the total amount of receipts that would be received if every individual pull -tab ticket in the series was sold at its face value less the total predetermined prize amounts available to be paid out in the series eacltaossivh of any additional prize for the last pull -tab sold. (Eff. / / , Register ) Authority: AS 05.15.060 .AS 05.15.183 AS 05.15.184 ARTICLE 3. PULL -TABS GAMES. 12 AAC 34.400. LIMITATION ON PULL -TAB SALES. Each pull -tab or ticket in a pull -tab game must have the same serial number and, in accordance with AS 05.15.187(b), the game may not be sold at more than one location during the same day. In 12 AAC 34 and 15 AAC 105, "pull -tab game" has the same meaning as "pull -tab series." (Eff. / / , Register ) 12 AAC 34.500. conducts bingo games an operator may hold permittee which uses behalf is limited to Register ) Authority: ARTICLE 4. BINGO GAMES. AS 05.15.060 AS 05.15.130 AS 05.15.187 AS 05.15.210 BINGO SESSION LIMIT. A permittee which on its own behalf without the services of up 14 bingo sessions per month. A an operator to conduct bingo games on its 11 sessions per month. (Eff. / / , REVISED DRAFT 0217R -7- November 16, 1989 Authority: AS 05.15.060 AS 05.15.187 AS 05.15.210 ARTICLE 5. GENERAL, PROVISIONS. 12 AAC 34.900. PRIZE AWARD LIMITATIONS. (a) A permittee conducting authorized games on its own behalf is limited to the following prize award limitations per calendar year: (1) bingo, $840,000; and (2) the aggregate of all other authorized games, $1,000,000. (b) An operator conducting authorized games on behalf of a permittee is limited to the following prize award limitations per permittee per calendar year: (1) bingo, $660,000; and (2) the aggregate of all other authorized games, $500,000. (Eff. / / , Register ) Authority: AS 05.15.060 AS 05.15.130 AS 05.15.180 12 AAC 34.990. DEFINITIONS. In this chapter (1) "permittee" means a municipality or qualified organization who has a current and valid permit issued by the department to conduct authorized games of chance and skill provided for under AS 05.15. (2) "pull tab" means a card or a single folded or banded ticket, the face of which is covered to conceal a number, symbol, or set of numbers and symbols. A person who has purchased a pull tab compares the numbers, symbols, or combinations of numbers and symbols revealed and compares them with the numbers, symbols, or combinations -of numbers or symbols which have been designated in advance and at random as prize winners. A pull -tab is also defined as a card which confers an additional right to the purchaser to participate in a lottery for additional prizes. REVISED DRAFT 0217R -8- November 16, 1989 (3) A "completed pull -tab game" means that all of the individual pull -tabs in a series, having the same serial number, have been purchased and played. (Eff. / / Register ) Authority: AS 05.15.060 AS 05.15.130 TITLE 15 REPEALS 15 AAC 105.110(5) is repealed: (5) Repealed / / (Eff. 9/7/60, Register 2; am 11/6/76, Register 60; am 10/1/88, Register 107; am Register ) Authority: AS 05.15.060 15 AAC 105.330 is repealed: 15 AAC 105.330. PULL -TAB DISTRIBUTOR'S LICENSE; DISTRIBUTION RESTRICTION. Repealed 15 AAC 105.350 is repealed: 15 AAC 105.350. ADDITIONAL PRIZE LIMITATION. Repealed REVISED DRAFT 0217R -9- November 16, 1989 PROPOSED REGULATIONS Authorized Comes of Chance and Skill Notice is given that the Department of Commerce and Economic Development, Division of Occupational Licensing, ender authority vested by AS 05.15.060 and AS 05.15.130, proposes to adopt new regulations in Title 12 of the Alaska Administrative Code dealing with operators, pull -tab manufacturing and distribution, pull -tab sales, bingo session limits, prize award limitations, definitions, repeal of regulations in Title 15, Chapter 105, and other provisions, all of which serve to clarify and implement A5 05.15.060 and AS 05.15.130 as follows: 1. 12 AAC 34.200, OPERATOR LICENSE REQUIRED, is a new section which clarifies when an operator is required to be on contract to conduct gaming activities; 2. 12 AAC 34.210, OPERATOR REPORTING REQUIREMENTS, is a new section which clarifies operator reporting requirements; 3. 12 AAC 34.220, OPERATOR RECORD KEEPING REQUIREMENTS, is a new sec- tion which clarifies operator record keeping requirements; 4. ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION, is a new article which addresses the manufacturing and distribution of pull -tabs, in- cluding new state identification labeling requirements. This arti- cle includes the following sections: 12 AAC 34.300 STANDARDS FOR CONSTRUCTION OF PULL -TABS 3 12 AAC 34.310 PULL -TAB SERIES ASSEMBLY AND PACKAGING 12 AAC 34.320 MANUFACTURER DISTRIBUTION <� ��G ` 12 AAC 34.330 STATE IDENTIFICATION LABELING �, 12 AAC 34.340 MANUFACTURER'S MONTHLY REPORT 12 AAC 34.350 PULL -TAB DISTRIBUTOR LICENSING APPLICATION 12 AAC 34.360 DISTRIBUTOR'S MONTHLY REPORT 9sA� �'r 12 AAC 34.370 PURCHASE OF PULL -TARS BY LICENSED DISTRIBUTORS L`bv 12 AAC 34.380 SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR 12 AAC 34.390 PULL -TAB TAX 5. 12 AAC 34.400, LIMITATION ON PULL -TAB SALES, is a new section which de- fines what is considered a game or series of pull -tabs and clarifies the intent of AS 05.15.187(b); 6. 12 AAC 34.500, BINGO SESSIO14 LIMIT, is a new section which expands the number of bingo sessions allowed per month which can be conducted by a permittee and the number of sessions allowed when conducted by an oper- ator; 7. 12 AAC 34.900. PRIZE AWARD LIMITATIONS, is a new section which clari- fies the statutory and regulatory limitations on payment of prize awards for bingo and all other authorized games; 8. 12 AAC 34.990. DEFINITIONS, is a new section established to define terms used in this chapter, including, but not limited to, the defini- tion of a permittee, pull -tab, and pull -tab game; (Over) PROPOSED REGULA"TI(7NS Authorized Genes of Chance and Skill Notice is given that the Department of Commerce and Economic Development, Division of Occupational Licensing, under authority vested by AS 05.15.060 and AS 05.15.1301 proposes to adopt new regulations in Title 12 of the Alaska Administrative Code dealing with operators, pull -tab manufacturing and distribution, pull -tab sales, bingo session limits, prize award limitations, definitions, repeal of regulations in Title IS, Chapter 105, and 'other provisions, all of which serve to clarify and implement AS 05.16.060 and AS 05.15.130 as follows: ' 1. 12 AAC 34.200, OPERATOR LICENSE REQUIRED, is a new section which clarifies when an operator is required to be on contract to conduct gaming activities; 2. 12 AAC 34.210, OPERATOR REPORTING REQUIREMENTS, is a new section which clarifies operator reporting .requirements; 3. 12 AAC 34.220, OPERATOR RECORD KEEPING REQUIREMENTS, is a new sec- tion which clarifies operator record keeping requirements; 4. ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION, is a new article which addresses the mainufacturing and distribution of pull -tabs, in- cluding new state identification labeling requirements. This arti- cle includes the following sections: 12 AAC 34.300 STANDARDS FOR CONSTRUCTION OF PULL -TABS r,s'►!e''s2 o�,�� 12 AAC 34.310 PULL -TAB SERIES ASSEMBLY AND PACKAGING 12 AAC 34.320 MANUFACTURER DISTRIBUTION < 12 AAC 34.330 STAT IDENTIFICATION LABELING 12 AAC 34.340 MAN. ACTURER'S MONTHLY REPORT 12 AAC 34.350 PULL -TAB DISTRIBUTOR LICENSING APPLICATION 12 AAC 34.360 DISTkIBUTOR'S MONTHLY REPORT \� fi�''�'` <� SA�z��f�os62�� 12 AAC 34.31D PURCIASE OF PULL -TABS BY LICENSED DISTRIBUTORS 12 AAC 34.38i0 SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR 12 AAC 34.390 PULL -TAB TAX S. 12 AAC 34.400, LIMITATION ON PULL -TAB SALES, is a new section which de- fines what is considered a game or series of pull -tabs and clarifies the intent of AS 05.15.187(b); 6. 12 AAC 34.500, BINGO SESSION LIMIT, is a new section which expands the number of bingo sessions allowed per month which can be conducted by a permittee and the number of sessions allowed when conducted by an oper- ator; 7. 12 AAC 34.900. PRIZE AWARD LIMITATIONS, is a new section which clari- fies the statutory and regulatory limitations on payment of prize awards for bingo and all other authorized games; 8. 12 AAC 34.990. DEFINITIONS, is a new section established to define terms used in this chapter, including, but not limited to, the defini- tion of a permittee, pull -tab, and pull -tab game; (Over) PROPOSED REGULATIONS Authorized Games of Chance a:, ad Skill Notice is given that the Department of Commerce and Economic Development, Division of Occupational Licensing, under authority vested by AS 05.15.060 and AS 05.15.130, proposes to adopt new r6gulations in Title 12 of the Alaska Administrative Code dealing with operators, pul' -tab manufacturing and distribution, pull -tab sales, bingo session limits, prize award limitations, definitions, repeal of regulations in Title 15, Chapter 105, and other provisions, all of which serve to clarify and implement AS 05.15.060 and AS 05.15.130 as follows: . 1. 12 AAC 34.200, OPERATOR LICENSE REQUIRED, is a new section which clarifies when an operator is required to be on contract to conduct gaming activities; 2. 12 AAC 34.210, OPERATOR REPORTING REQUIREMENTS, is a new section which clarifies operator reporting requirements; 3. 12 AAC 34.220, OPERATOR RECORD KEEPING REQUIREMENTS, is a new sec- tion which clarifies operator record keeping requirements; 4. ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION, is a new article which addresses the manufacturing and distribution of pull -tabs, in- cluding new state identification 1'abeling requirements. This arti- cle includes the following sections: 12 AAC 34.300 STANDARDS FOR CONSTRUCTION OF PULL -TABS ,03tylg'92 12 AAC 34.310 PULL -TAB SERIES ASSEMBLY AND PACKAGING 12 AAC 34.320 MANUFACTURER DISTRIBUTION < 2�7- ` 12 AAC 34.330 STATE IDENTIFICATION LABELING ; 12 AAC 34.340 MANU'FACTURE'R" S MONTHLY REPORT 12 AAC 34.350 PULL -STAB DISTRIBUTOR LICENSING APPLICATION 12 AAC 34.360 DISTRIBUTOR'S MONTHLY REPORT s <� 12 AAC 34.370 PURCHASE OF PULL -TABS BY LICENSED DISTRIBUTORS A 12 AAC 34.380 SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR 1-1£0�62C6V 12 AAC 34.390 PULL -TAB TAX 5. 12 AAC 34.400, LIMITATION ON PULL -TAB SALES, is a new section which de- fines what is considered a game or series of pull -tabs and clarifies the intent of AS 05.15.187(b); 6. 12 AAC 34.500, BINGO SESSION LIMIT, is a new section which expands the number of bingo sessions allowed per month which can be conducted by a permittee and the number of sessions allowed when conducted by an oper- ator; 7. 12 AAC 34.900. PRIZE AWARD LIMITATIONS, is a new section which clari- fies the statutory and regulatory limitations on payment of prize awards for bingo and all other authorized games; 8. 12 AAC 34.990. DEFINITIONS, is a new section established to define terms used in this chapter, including, but not limited to, the defini- tion of a permittee, pull -tab, and pull -tab game; (Over) PROPOSED REGULATIaNS Authorized Games.of Chance and Skill Notice is given that the Department of Commerce and Economic Development, Division of Occupational Licensing, under authority vested by AS 05.15.060 and AS 05.15.130, proposes to adopt new regulations in Title 12 of the Alaska Administrative Code dealing with operators, pull -tab manufacturing and distribution, pull -tab sales, bingo session limits, prize award limitations, definitions, repeal of regulations in Title 15, Chapter 105, and other provisions, all of which serve to clarify and implement AS 05.15.060 and AS 05.15.130 as follows: 1. 12 AAC 34.200, OPERATOR LICENSE REQUIRED, is a new section which clarifies when an operator is required to be on contract to conduct gaming activities; 2. 12 AAC 34.210, OPERATOR REPORTING REQUIREMENTS, is a new section which clarifies operator reporting requirements; 3. 12 AAC 34.220, OPERATOR RECORD KEEPING REQUIREMENTS, is a new sec- tion which clarifies operator record keeping requirements; 4. ARTICLE 2. PULL -TAB MANUFACTURING AND DISTRIBUTION, is a new article which addresses the manufacturing and distribution of pull -tabs, in- cluding new state identification labeling requirements. This arti- cle includes the following sections: 12 AAC 34.300 STANDARDS FOR CONSTRUCTION OF PULL -TABS 12 AAC 34.310 PULL -TAB SERIES ASSEMBLY AND PACKAGING 12 AAC 34.320 MANUFACTURER DISTRIBUTION 12 AAC 34.330 STATE IDENTIFICATION LABELING 12 AAC 34.340 MANUFACTURER'S MONTHLY REPORT "9� ;; 12 AAC 34.350 PULL -TAD DISTRIBUTOR LICENSING APPLICATION 12 AAC 34.360 DISTRIBUTOR'S MONTHLY REPORT 1l2 AAC 34.370 PURCHASE OF PULL -TABS BY LICENSED DISTRIBUTORS 12 AAC 34.380 SALE OF PULL -TABS BY A LICENSED DISTRIBUTOR 12 AAC 34.390 PULL -TAB TAX S. 12 AAC 34.400, LIMITATION ON PULL -TAB SALES, is a new section which de- fines what is considered a game or series of pull -tabs and clarifies the intent of AS 05.15.187(b); 6. 12 AAC 34.500, BINGO SESSION LIMIT, is a new section which expands the number of bingo sessions allowed per month which can be conducted by a permittee and the number of sessions allowed when conducted by an oper- ator; 7. 12 AAC 34.900. PRIZE AWARD LIMITATIONS, is a new section which clari- fies the statutory and regulatory limitations on payment of prize awards for bingo and all other authorized games; 8. 12 AAC 34.990. DEFINITIONS, is a new section established to define terms used in this chapter, including, but not limited to, the defini- tion of a permittee, pull -tab, and pull -tab game; (Over) Vern gurfbert 5709 Spamrd Road *200 Andwrac)e, r taAa 99503 Te6: 562-6558 Fax:563-4295 Dear Mayor: December 1, 1989 Enclosed is a copy of the press release which was issued today when rural newspaper publisher John Lindauer announced he would be running for governor. I believe your community will find his positions on drugs, dividends, and other issues most encouraging and worthy of support. If so, I hope you will consider actively supporting the campaign of this very fine man. This letter is to respectfully ask you to share this information with the members of your I _ council and to, please, ask them to consider actively suporting John Lindauer. I think your council members and the members or your community might enjoy hearing John and having an opportunity to question him closely regarding any matter you might desire. He is likely to be our next governor as he truly cares about Alaska and is not the usual weak and indecisiveurban politician who knows nothing about bush Alaska and just makes promises and then does not even try to deliver. Finally we have a candidate who stands for something! =Hurlbert Please Post The Enclosed Press Release onYour Bulletin Board so All can see what this good man stands for! paid for by the Lindauer for Governor campaign, 3709 Spenard Road #200, Anchorage 99503, Vern Hurlbert, Chairman Press Release: Hold Until 6am Friday, December 1 Contact Vem Hurlbw 562-6558 3709 Spward Road Anchorage 99503 page 1 of 2 Lindauer Enters Governor's Race Will use pours of office to nee legislative Sessions to Anchorage and use budget cuts to ,control state spending and Increase the Permanent POW dividends 60400 by next year Rural newspaper publisher and former legislator John Linndauer today announced he would run for governor and became the first candidate to propose a specific plan of action to provide more jobs and control state spending in the face of declining oil revenues. Bigger Permanent Fund Dividends Lindauer said he is running for governor because the public wants someone who shares their optimism about Alaska's future and is strong enough to stabilize the economy before Alaska loses even more jobs and families. He said his administration would give the voters a direct stake in cutting the state's budget in the face of declining oil production by putting all money surpluses resulting from the budget cuts directly into the Permanent Fund dividends. "If I am elected," said Lindauer, "the Permanent Fund dividend will be $400-$600 higher next year and every year thereafter. The people will be spending the money in every store across the state instead of the politicians and lobbyists cbanneliag it to tlaeiat favorite campaign contributors." Lindauer detaillcd a number of cuts that could Eland the dividaa7nds without reducing people programs. These included cutter, consultants and out-afTia ttraavctl, not filling jobs that come vacant, encouraging early refit, b srwd comtnissions, incasing the use of small claims courts so the state and private ittdividuaht need fewer lawyers, and eliminating counterproductive programs such as the rpgulations and pr+o rams far barley and dairy fanning. "The people know what pros don't serve them and I in 8oing ta ask theta when to cut," said Lindauer, "'by the time this c am:psi n is over and I've bmd frim thousands of Alaskans, I'll have a very long list with hundreds of atl�.tional areas where we can further cut state spending and get even more money for the dividends." Under the Lindauer flan $200 - $300 trillion will be cut from the budget billions next year and used to increase the dividends without cutting poopk.-odeaW. proms such as the longevity bonus, pioneer homes, public broadcasftg, municipel revenue shating, grid education funding. Opponents' Leadership Challenged Lindauer said the state government has been drifting and pessimistic for far too long. He said the time has come for new people, new ideas and new optimism He said he had been thinking about running for some time and decided to run when the current candidates "brought forward not one new idea, just the same old tired and meaningless rhetoric from the same old people." "My principal opponents are decent people," Lindauer said, "who have had years in office to prove they are strong and capable leaders. Unfortunately they have done nothing except issue press releases and attend meetings." He challenged all the candidates to follow his lead and give the voters the details of what they would actually do if they are elected so that the voters can choose between the alternatives. Lindauer's Plan In addition to using bigger Permanent Fund dividends to give voters a major incentive to help control state spending, the Lindauer Plan proposes: 1) Truly crunch the bootleggers and drug dealers. Under the Lindauer Plan the state's resources will be reallocated to provide more reward money, more buy money, more 800 numbers for tips, more state troopers, more prosecutions in remote areas, and more backup for the village public safety officers and city police. These drug dealers and bootleggers are hurting our children and the Lindauer Plan is to devote the full resources of state to stag Mem. That includes increasing the number of dealers arrested and prosecuted greatly raising prison terms as well as providing more counseling and education and making naiana iltegal. "Anyone who thinks this isn't important," said Lindauer, "should read the Daily News' series People in Peril. Said Lindauer, "What's mussing in Juneau are politicians with the will to take tough measures against the drug dealers and bootleggers. I've got the will." 2) Providing All Alaskans access to reasonably priced health insurance. The Lindauer Plan is to establish, at no cost to the state, a group health insurance plan that any Alaskan can voluntarily join. Approximately 100,000 Alaskans do not have individual health insurance. People will have the option of checking off on their dividend applications to pay for it. 3) Hold the legislative Sessions in Anchorage. This move towards better government will use facilities available in Anchorage. The Lindauer Plan is to leave the state capital and employees in Juneau and to use the powers of the governor's office to encourage the holding of regular legislative sessions in Anchorage so citims will have access to legislators instead of just lobbyists. 4) Get more and better jobs into the state. The Lindauer Plan is to bring in news jobs at no cost to the state by tapping the federal trust funds and appropriation bills for money to immediately begin constructing the Alaska Railroad south from Fairbanks, bringing in private US and Japanese money to replace the state money that we are now futilely spending to develop small farm agriculture, using an increased ferry service to attract even more tourists, and aggressively pursuing the opening of AIr WR and the construction of a natural gas pipeline. 5.) Greatly expand ferry service throughout Southeastern, give Alaskans priority, and put new federally financed ships in service between Cordova and Haines and into Bristol Bay so that Southeastern will benefit from tourists enroute to Southcentral, so all 3 regions will receive more tourist dollars. 6) Returning The Ownership of the Alaska Fishing Permits To Alaskans. The Lindauer Plan includes administrative actions to encourage the ownership of Alaska's fishing permits to return to Alaskans. Landauer, the Publisher of the Alaska Commercial Fisherman newspaper, says it is difficult for Alaskans to buy a permit or even find jobs as dockhands due to the movement of the ownership of permits to outsiders. He is determined to reduce the flow of fishing money going to outsiders so more can be earned by Alaskans and spent here in Alaska. 7) Restoring the Longevity Bonus and Student Loan Forgiveness. The Lindauer Plan is to reverse the recent legislative actions to phaseout the bonuses and loan foregiveness. We want to encourage seniors and youth to remain in Alaska. It is important that the Alaska retain stable families. City and Bush Background Lindauer is an Anchorage resident who built and operates newspapers and radio stations throughout rural Alaska. As a legislator Lindauer worked very hard and was the swing vote that saved the Permanent Fund dividend when he refused to side with the efforts of of the Sheffield -McAlpine administration to eliminate the dividend and use the money to to fund spending projects. He is the only candidate with experience both as a public administrator and as a legislator. "I believe I'll be the only serious candidate not trying to make my living as a politician, the only one with a specific plan for the voters to look at, and the only republican capable of making a strong showing in both urban and bush Alaska, both of which must be carried if a candidate is to win," Lindauer said. -30- John Lindauer is: A man who dropped out of High School to join the Army, went back to school on the GI Bill, and eventually earned a doctoral degree in economics; A man who went on to become the ,first Chancellor of the University of ALaska - Anchorage; The founder of the Seawolves Basketball Team and the Great Alaska Shootout; A former State of Alaska Legislator who did not seek re-election and who sees holding public office as public service - not a career; Co-founder (with wife of 29 years Jackie) of the Alaska Commercial Fisherman newspaper; owner -operator of regional newspapers and radio stations in Valdez, Cordova, Seward, Dutch Harbor, Dillingham, Barrow, King Salmon, Kenai, Sand Point, and rumor has it, soon in Bethel. paid for by the Lindauer for Governor campaign, 3709 Spenardd Road, Anchorage 99503 3WF0 17 1791-1991 CITY OF KENAi „a4/ G'dje4W 4 44u".1 210 FIDALGO KENAI, ALASKA 99dt1 TELEPHONE 2153 - 7535 FAX 907-283-3014 November 22, 1989 Honorable Steve Cowper Governor, State of Alaska Box A Juneau, AK 99811 Dear Governor Cowper: I would like to take just a few moments to express my thanks for the opportunity of being able to meet with you on Wednesday, November 15, 1989. I was very pleased to present the City's position regarding our proposed Congregate Housing project and hope that it was beneficial for you as well. During our discussion I indicated the main thrust of the City's plan was to build the facility with an outright one time grant and then assume total responsibility for the maintenance and operation of the project during its lifetime. I have enclosed for your benefit a letter to that effect signed by each member of the City Council. The Council felt that a letter of this type would be more beneficial in seeking support than a resolution. There is no doubt that the City feels that the project will be both economically viable and beneficial to the community, and that it can be successfully operated. Thank you very much for your time and consideration. I look forward to working with you and on behalf of your administration during the upcoming legislative session. ially yo"s John Williams Mav JJW : j r Enclosure SUNDAY ADULT DAY CARE F0110-Kc-Nit Stxilt Cate 1104 Vissisx A t, xcxsi, Atis s 99611 s Y rsd: 2S3-7294 Hans; 7: ASi - 4 FM "ov Atm i Is1iti P CATiiunAV 1 EXERCISE I "CR" GAME DECORATE er gg TREE MOVIE I 4 5 6 7 8 EXERCISE BEAUTY SHOP EXERCISE EXERCISE EXERCISE NAME GAME PADDLE BALL CITY GAME "TO" GAME "MM" GAME BREAD BAKE BINGO FASHIONS ARTS/CRAFTS CHRISTMAS CURRENT SING -A -LONG BINGO CARDS EVENTS BINGO BINGO 11 12 13 14 15 EXERCISE BEAUTY SHOP EXERCISE EXERCISE EXERCISE "ST" GAME PADDLE BALL SENIOR CTR. "RE" GAME "HO" GAME BIRTHDAY BINGO FOR LUNCH ARTS/CRAFTS CH'RISTMAS LUNCH SING -A -LONG CURRENT EVTS CARDS BINGO BINGO MOVIE 18 19 20 21 22 EXERCISE BEAUTY SHOP EXERCISE EXERCISE EXERCISE "HE" GAME PADDLE BALL PUZZLE FOOD PREP FAMILY POT COOKIE BAKE WRAP GIFTS FOOD PREP SLIDE SHOW LUCK & BINGO BINGO BINGO BINGO PARTY VOLUNTEER -PARTY 5PM--- 25 6 27 28 29 EAUTY SHOP EXERCISE EXERCISE EXERCISE PADDLE BALL "DALLAS" "CO" GAME WHO ARE WE? BINGO THE HOME ARTS/CRAFTS WINTER SLIDES `� FRONT CURRENT EVTS. MOVIE BINGO BINGO BINGO COORDINATOR'S COMMENTS I have tried hard to think of a Christmas gift I could send to all of you. This would be an impossibility in itself. Instead, 1 send a wish to you. I wish for you a special Christmas tree this year. I hope for you that it will be a tall and straight tree with boughs outstretched to shelter you this coming year. Trim it with love. Surround it with faith. The Christmas tree that I want for each of you has a bright and shining star at the very top. It will shine through the darkness around You and bring hope to the world as it did so many years ago in Bethlehem. ay its radiance in �'(he days ahead ood your heart. Under this tree shall be presents for each of you. One is a package filled with memories. These are not ordinary memories. These are of special people, of special times and of other Christmas seasons form the past. And while memories may call for you to weep, it is a time for holding the head a little higher and for making yourself go on when you'd rather not. In this way, you acquire the ability to give thanks for faith in the future and for courage you didn't think you had. There is yet another package under this tree for you. it is filled with peace, Share that one with the world. For to settle with less is to make mockery of the words, "Peace on earth, good will toward men." And indeed, peace is the foundation upon which the tree I wish for you shall stand. Included in my wish for you is that this tree will be a part of all the good times that will be yours this season, helping to make this Christmas the merriest of all. And I wish for each of you a very happy Christmas Day. Nancy Esher, Author LOUISE'S CORNER Well this world traveler is so gl, to be back home!!! Had a wonderf time in New York City with my Daughter and Grandoon and was upstate with the whole family for Thanksgiving. Went to Pennsylvania,- New Jersey, and Conneticut. Saw a lot of old friends and made a lot of new friends. I went to the Statute of Libery, Empire State Building, Museum of Natural History, Broadway and saw the play CATS. Got to site the RKO Christmas Show and walked China Town, Grenich Village, and SOHO. Now, I am back to work and so happy to be here. I missed everyone!!!! Till Next Month...... Louise V. Earle Activities Specialist HAPPENINGS THIS MONTH The Flower .......... Poinsettia The Stone ........... Turquoise DECEMBER IS Human Rights Month Bingo's B'Day Month Dec 10-16 Human Rights Week 17-23 Tell Someone They're Doing a Good Job Week Dec 2 Pan American Health Day 6 St. Nicholas Day 7 Pearl Harbor Day 12 Poinsettia Day 15 Bill of Rights Day 21 First Day of Winter 23 Hanukkah 25 Christmas 31 Make up your mind Day 31 New Year's Eve CAREGIVERS SUPPORT GROUP The next Caregivers Support Group will be December 12, 1989, at noon here at Forget -Me -Not. Our guest will be Dr. Kathy Dinius who will be discussing with caregivers the need for a counseling support group. We hope to start this group at least once a month if monies can be made available. Dr. Robert Summers has offered to help write a grant to present to several service organizations in the area to solicit support. Please plan on attending so that we can work out the details with Dr. Dinius regarding how much of her time will be required. FOOTNOTES * Center will be closed December 25, 1989, to celebrate Christmas * December 22 will be a family potluck and Christmas party. More information will be sent out. * December 13 will be an out trip to the Senior Center. LIBRARY CORNER CAREGIVERS Available by contacting Forget -Me -Not Center. CARESHARING HOW TO RELATE TO THE FRAIL ELDERLY by K. Gray Available by contacting Forget -Me -Not Center. Life is no brief candle to me. It is a sort of splendid torch which I have got hold of for the moment, And I want to make it burn as brightly as possible before handing it on to future generations. George Bernard Shaw VOLUNTEERS The Forget -Me -Nat Center relies heavily on our Volunteers for support and we want to make certain that these dedicated people know how much they are appreciated. To honor each of our Volunteers, there will be a Holiday Get -Together on December 19, 1989, at the Forget -Me -Not Center from 4:3O to 6:30 p.m. Please join us for good cheer, some yummy treats, and conversation. We look forward to all of our Volunteers joining us this evening. DAILY ACTIVITIES * Coffee Klatch * Exercise * Group Activity * Open Activity * Lunch * Devotional . a �.l�ecern �;�,✓ 19R9 MO DAY TMDAY '"WEDNESDAY TU�DAY M AY )j BEEF ROAST SAND. MINESTRONI SOUP FRUIT CUP APPLE PIE 1 b �CORNBEEF 7KNOCKWURST MEATLOAF SPAGHETTI BAKED FISH GARDEN SALAD BROCCOLI SALAD CABBAGE/CARROTS SAURKRAUT MASHED POTATOES ITALIAN BEANS BAKED POTATO POTATOES G. POTATO SALAD 3-BEAN SALAD GARLIC BREAD ZUCCHINI BREAD APPLE JUICE COTTAGE CHEESE ORANGE SECTIONS CHOC. CAKE RICE PUDDING LEMON PIE BROWN BREAD HOT ROLL HOT ROLL STRAWBERRY CAKE DESSERT //CHICKEN ALA KING j21'EGETALBE SOUP '4EAFOOD PLATE / HAMBURGERS ,9RIMP CREOLE PATTY SHELLS EGG OR TUNA.SAND BAKED POTATO BAKED BEANS RICE ITALIAN BEANS PINEAPPLE SLAW GARDEN SALAD MACARONI SALAD CORN SALAD FRESH FRUIT ROLL DEVILED EGGS LIME JELLO SALAD ROLL COOKIES CHOCOLATE PIE DESSERT BRAN MUFFIN FRESH FRUIT BLUEBERRY BUCKLE 1`LASAGNA / MAO POT ROAST BAKED HAM CHICKEN DUMPLINGSBAKED TURKEY TOSSED SALAD VEGETABLES SWEET POTATOES CARROTS &kESSING GARLIC BREAD WALDORF SALAD RASPBERRY PEAR PEA SALAD GREEN BEANS GREEN BEANS HOT ROLL SALAD ROLL -- FRUIT CUP FRUIT CUP OR CHERRY COBBLER MUFFIN ICE CREAM ROLL PUDDING BIRTHDAY CAKE PUMPKIN PIE �VY CLAM CHOWDER CHICKEN STEAK LIVER&ONIONS BEAN SOUP BLT SANDWICH MASHED.POTATOES POTATOES/PEAS PORK CHOP CENTER RED SLAW 3-BEAN SALAD SALAD APPLESAUCE CLOSED FRESH FRUIT HOT ROLL HOT ROLL LETTUCE WEDGE SHERBET/COOKIE BLUEBERRY BUCKL BUTTERSCOTCH ROLL PUDDING ICE CREAM COUNCIL ON AGING APPLICATION NAME 177 C, MAILING ADDRESS RESIDENCE ADDRESS PHONE NAME OF SPOUSE CURRENT MEMBERSHIP IN ORGANIZATIONS: 41 xil MY CURRENT INVOLVEMENT AT THE CENTER: WOULD YOU BE WILLING TO OFFER ASSISTANCE IN VOLUNTEER ACTIVITIES AT THE CENTER? , /,-, MY INTEREST IN B.E�COMING A MEMBER OF THEADVISORY BOARD CAME/ ABOUT BECAUSE, SIGNATURE DATE o, �141­1, e W, e ir S Sun. Mon. Tue. Wed. Thu. Fri. Sat 1 HEALTH 2 Dez PROGRAM 6 FIT -AGAIN 6 7 NNKISKI 9 BROGE FIT -AGAIN CRAFTSSHOPPING ' CONNECTION �MMMl6 (WEALTH MIETING �IMlMN,��E CITY CAM CRAFT$ DOWLING 6BREAKFAST R• -mom PINOCHLE FIT -AGAIN 10 11 12 NIKISKI 16 14 NIKISKI 46 16 TOUR-... COOKIE SWEET VOLUNTEER CERAMICS EXCHANGE ADMINES TEA KITCHEN KITCHEN BIIII MMNG 0000 3H IG BMIWO PINOCHLE BAND BOWLING AR. MAJAMI sW G BOWLING FIT -AGAIN CRAFT$ CRA"S FIT -AGAIN 17 18 19 IWKISKI 21 ISKI Lo 22 LIGHT TOUR ` NO HOST Y CHR18'TMA— CERAMICS PT P TY PARTY PINOCHLE EA KITCHEN SWIMMING BOWLING HO DINNER BAND FIT -AGAIN SGpE BOWLINGJ :AR. SWAG AMAIN PR�IC�A4A�HN FIT 25 26 NIKISKI 99 SO tad awl, gyp` ERRY HRISTMAS BIBLE BFIAR. BRIDQE BINGO PHOCHLE TER • s"cplMNO QMiBriMAlt�O �LII 31 OP EN FIT -AGAIN := FIT -AGAIN NEW YEAR'S EVE CELEBRATION HOLIDAY HAPPINESS THE CENTER WILL BE OPEN .... WITH THE HELP OF ALOT OF GIVING PEOPLE. THE NEW YEARS BASH WILL BEGIN AT 7PM AND CONTINUE UNTIL! BRING A DISH OR FINGER 'OOD TO SHARE, THE CZNTSR WILL PROVX10., 1%E NEAT DISH. WE AMR PLANNING SONS: XOTIRtAINMENT TOO. PLEASE SIGN UP IF YOU WOULD LIKE TO COME ..... RIDES CAN BE.,PROVIDED. S NAPPY NEW � f GOOD HEALTH PROGRAMS TWO PROGRAMS HAVE BEEN SCHEDULED FOR YOUR CONTINUED EDUCTION IN HEALTH MAINTENANCE. DECEMBER 1: MAINTAINING GOOD HEALTH DECEMBER6: STRATEGIES FOR GOOD HEALTH BOTH FILMS WILL BE SHOWN AT 11 AM IN THE TELEVISION ROOM. CHRISTMAS THE CENTER OPEN'ON CHRISTMAS.... YOU BET! WITH THE DOORS OPENING FROM 11AM TILL 3PM YOU CAN SHARE SPECIAL TIMES WITH YOUR FRIENDS. WE HAVE PLANNED PRIME RIB FOR DINNER AND ONLY ASK THAT YOU BRING SIDE DISHES AND DESSERT TO COMPLETE THE MEAL. CC THE SENIOR CENTER STAFF WISHES EACH - AND EVERYONE OF YOU AND YOUR FAMILIES HOLIDAY HAPPINESS. MAY YOUR HOLIDAYS BE WARM AND CHARMING, QUITE DELIGHTFUL, WITH PLEASANT SURPRISES AND UNUOJAL GIFTS TO CHEER YOUR LIVES. FOR THE MERRIEST OF HOLIDAYS LET YOUR JOY BE SHARE AND REFLECT ON THE TRUE MEANING OF THE SEASON, THE CHRIST CHILD! DRESSED IN ALL THEIR HOLIDAY BEST ..... JUST TO SING FOR YOU, THE SWEET ADELINES WILL ARRIVE AT THE CENTER AT 12:30 PM ON THE 13TH.... THEY ARE COMING TO HELP CELEBRATE THE SEASON. VOLUNTEER TEA DO WE APPRECIATE YOU .... YOU BET WE DO! ALL YOUR VOLUNTEER EFFORTS ARE IMIPORTANT TO US, AND OUR PROGRAM, WX WANT TO SAY THANK YOU AT 2PM...Ct 8 JOIN US FOR SOME SPECIAL TARATS9 00MVMRRSATION AND CHEER. A VO&UNTE IS 90N%O 9 WHO GIVES UNSELFISHLY OF THEIR TIME TO HELP OTHERS.... -NO MATTER NOW LITTLE ( OR MUCH ) . ] CITY APPRECIATION BREAKFAST.��r WE HAVE'INVITED THE CITY EMPLOYEES TO PARTICIPATE IN A "BEFORE WORK" BREAKFAST .HOST'ED BY THE SENIOR CENTER IN APPRECIATION FOR THE MANY SERVICES THEY PROVIDE TO OUR CENTER. IF YOU MIGHT LIKE TO VOLUNTEER TO SERVE, COOK OR GREET THE EMP!FYEES PLEASE SIGN UP...THIS ANS YOU WILL NEED TO BE AT THE CENTER BY 6:30 AM ( THAT'S RIGHT ... A.M.) THE BREAKFAST IF FROM 7 A.M. TILL 8 A.M. ON THE 5TH. NINA PEARSON, WILL BE HELPING US MAKE. APPLE DOLL FACES ON THE MORNING OF THE 6TH. WE ASK THAT YOU COME AND HELP MAKE "OLD PEOPLE" OUT' OF THESE DRIED APPLES FOR A SPECIAL PROJECT WE HAVE IN 3 KENAI SENIOR CONNECTION REGULAR MEETING OF THE SENIOR CONNECTION IS SCHEDULED FOR 1PM ON THE 7TH.... THEY WILL HAVE SEVERAL ITEMS OF INTEREST ON THEIR AGENDA. WANT TO GET INVOLVED..... PLAN ON ATTENDING THEIR MEETING. JUST AN INTERSTINC NOTE...WHILE ON MY VISIT TO MASSACHUSETTS I DISCOVERED THAT EVERY SENIOR CENTER, IN THE STATE, HAS JUST SUCH AN ORGANIZATION AS THEIR SUPPORT ARM. -.-I 45.00 CLUB REPORT CONGRATULATIONS ... DURING THE MONTH OF NOVEMBER WE TOPPED OUR DRIVE WITH 100 MEMBERS... THAT'S $500.00 WORTH OF CENTER SUPPORT! THANK YOU, THANK YOU, THANK YOU!!!! A NEW CARPET WILL BE INSTALLED IN THE SMOKINGAOUNGE AREA, ADDITIONAL JANITORIAL SERVICES HAVE BEEN PURCHASED, SHADES FOR THE SUNROOM..... YOUR DOLLARS ARE HELPING! BINGO ADDITION THE CENTER IS NOW OFFERING TWO DAYS OF BINGO .... ALL FOR YOUR ENJOYMENT! BETTY ROLLINS IS THE CALLER FOR WEDNESDAYS AND ELSIE MC GIRR HAS VOLUNTEERED FOR SOCIAL SECURITY INCREASE YOU CAN EXPECT TO FIND A 4.7% INCREASE ON YOU JANUARY SOCIAL SECURITY' CHECK ... AND AT THE SAME TIME AN INCREASE IN THE AMOUNT YOU PAY FOR MEDICARE. MEDICARE WILL INCREASE BY $2.00... MAKING YOUR PAYMENT $33.90 EACH MONTH. SENIOR'S CELEBRATING BIRTHDAYS MENU IDEAS VEDA MC BRIDE VIRGINIA JORDAN MALENA CURTIS WILBUR GEARY DOROTHY HERMANSEN WOODY MYNES JOE MC CANN LEONARD CREARY NORMA JEAN LITTLE LULA SNOW ROL DAVIS MARY CASEY JACK MC CAIN PERS JOHNSON ALICE WHIPPLE HAZEL GENTRY r" LOUISE MC GERRY./ IONA WILSON RITA GAFF SON% SHERMAN HERMAN ON DON MARTIN FLORENCE MUN CARL CASEY JACK LEWIS ESTELLA EAGL ELSIE SIDBAC WALLY SIDBAC DORIS PORTER WALT MYRICK TOMMY THOMPS WINSTON BIND DON GRAHAM MARGIE KIVI PETER CASPER IX 1 1 1 1 4 4 6 7 7 8 8 9 9 9 9 10 12 12 12 13 14 15 16 18 �/ 2 4/ 24 226 26/�, // 2? ,27 27 28 28 COUPLES CELEBRATING ANNIVERSARIES JUNE AND WES BETHJE 6 FRANK AND RICA SWANSON 16 FLOYD AND ANGELES POAGE 18 SYLVIA AND LLOYD WINTERS 19 ONIS AND MARGARET KING 20 HAZEL AND EARL GENTRY 28 TOM AND LILA ROBERTS 29 MARTHA AND NICK LONGHITANGO 30 PEGGY AND TOMMY THOMPSON 31 CRUISE MEETING A TIME FOR EVERYONE TO GET TOGETHER AND DO THE FINAL PLANNING ... CAN YOU BELIEVE HOW FAST JANUARY 13TH IS "SAILING" AROUND THE BEND? MEETING AT 1PM ON THE 27TH. TIME FOR A CHANGE ... DO YOU HAVE SOME. SUGGESTIONS FOR OUR MENU PLAN? PLEASE PUT THEM IN THE SUGGGESTION BOX .... HAVE A FAVORITE RECIPE WE -- SHOULD BE USING... LET US HIVE IT A TRY AT THE MEAL SITE. TAPED NEWSLETTERS IF YOU HAVE A FRIEND WHO HAS DIFFICULTLY READING WE WOULD BE HAPPY TO PROVIDE AN AUDIO RECORDING OF THE MONTHLY NEWSLETTER.... JUST LET US KNOW! SMILES HAVE YOU EVER NOTICED HOW A SMILE WARMS YOUR WHOLE BODY, MAKES YOU ''FEEL SO GOOD? WELL, IT'S TIME WE PRACTICE HIDING ONE IN OUR POCKETS.... TAKING IT OUR AND PUTTING IT ACROSS OUR PACE WHEN WE NOTICE SOMEONE 18 HAVING A DIFFICULT DAY. THE CENTER IS A PLACE WE COME INTO FOR A SUNSHINE EVENT IN OUR LIVES..... NOTICE THAT UNHAPPY FACE .... TAKE OUT YOUR SMILE AND SAY "I LOVE YOU TODAY"! CENTER CHRISTMAS PARTY HERE COMES SANTA CLAUS....RIGHT DOWN SENIOR COURT LANE .... WITH A LITTLE HELP FROM SANTA'S ELVES TO FIND SMILES ON THE FACES OF EACH ONE. THE PARTY BEGINS WITH LUNCH AND CONTINUES WITH ENTERTAINMENT AND A GIFT EXCHANGE.... BRING A GIFT TO EXCHANGE (KEEP THE GIFTS BETWEEN $5 AND $8). A SPECIAL HOLIDAY MENU IS PLANNED WITH LOTS OF SURPRIZES. ENERGY ASSISTANCE THE >PURPOSE OF THE PROGRAM IS TO GIVE ASSISTANCE TO LOW-INCOME HOUSEHOLDS TO OFFSET THE HIGH COSTS OF HOME HEATING ENERGY. BENEFITS ARE GIVEN TO ELIGIBLE HOUSERO16D BASED ON THE FAMILY INCOME, HOME HEATING COSTS, AND HOUSING TYPR$. EXAMPLE: FOR A FAMILY OF ONE IF YOUR MONTHLY INCOME IS $994 YOU ARE ELIGIBLE TO APPLY. WE .HAVE APPLICATIONS AVAILABLE IN THE OFFICE AND WOULD BE HAPPY TO HELP YOU FILL ONE OUT. THE FILING PERIOD IF FROM NOVEMSER 18T THROUGH THE 30TH OF JUNE. EAGLES CLUB DINNER THE FRATERNAL ORDER OF EAGLES,,xRAVE EXTENDED THEIR ANNUAL INVITATION TO THEIR HOLIDAY DINNER ON THE 17TH OF THIS MONTH. HAM AND TURKEY WILL BE COOKED AND READY TO SERVE AT 3PM .... ACCOWPANIED WITH ALL THE TRIMMING ... JUST WAITING FOR YOUR ENJOYMENT! PLEASE MAKE SURE YOUR NAME IS ON THE SIGN UP LIST BY THE 14TH... SEE YOU AT THE EAGLES CLUB. TOUR OF THX COMMUNITY COLLEGE THE COMMUNITY COLLEGE WILL SEND A BUS TO TRANSPORT YOU OVER TO THE COLLEGE FOR AN ON SITE VISIT! JUST HOW LONG HAS IT BEEN SINCE YOU HAVE WALKED TUB HALLS OF KNOWLEDGE? SYLVIA BURPORD, WILL PROVIDE YOU WITH AN WFORMATIVE TOUR OF THEIR FACILITY FROM 10 TILL 11 AM ....RETURNING IN TIME FOR LUNCH. AARP CHRISTMAS PARTY THE WHOLE MONTH IS A BIG CELEBRATION .... AND THE AARP IS PLANNING A DINNER WITH A GIFT EXCHANGE. YOU WILL NEED TO BRING A DISH TO SHARE AND A GIFT FOR A MAN (IF YOU ARE A MAN) OR WOMAN (IF YOU ARE A WOMAN). PLEASE KEEP YOUR GIFT UNDER $5.00. THE AARP WILL PROVIDE THE MEAT. MARK THE 21ST ON YOUR CALENDAR...IF YOU NEED A RIDE PLEASE LET SAM OR BILLIE HUDDLESTON KNOW. DINNER BEGINS AT 6PM. DURING THE REGULAR BUSINESS MEETING NOMINATION OF OFFICERS FOR THE COMING YEAR WILL BE THE MAIN ITEM ON THE AGENDA. LIGHTING TOUR OH, THOSE CHRISTMAS LIGHTS ARE SO BEAUTIFUL.... JUST COME CRUISE THE TOWN WITH US ON THE 18TH. THAN WHEN �WE HAVE SEEN ALL THERE IS TO SEE AOW ABOUT DINNER AT THE WINDMILL .RESTAURANT? NOW WE NEED SOME SPECIAL HELP ..... IF YOU KNOW SOMEONE WHO DISPLAYS "THOSE" SPECIAL LIGHTS ... DON'T KEEP IT A SECRET ... TELL US! COOKIE EXCHANGE THE CRAFT CLASS WILL BE HAVING THEIR ANNUAL COOKIE EXCHANGE AND CHRISTMAS PARTY ON THE 12TH. SIGN UP IF YOU ARE PLANNING TO PARTICIPATE AND BE SURE TO BRING 2 DOZEN COOKIES TO "EXCHANGE" WITH EVERYONE. TELEPHONE REASSURANCE WE ARE LOOKING FOR SOMEONE WHO WOULD LIKE TO GIVE REASSURANCE CALLS, TO SENIORS WHO ARE UNABLE TO LEAVE THEIR HOMES .... JUST GIVING THAT TELEPHONE CALL TO SAY YOU CARE EACH DAY .... ARE YOU THAT SOMEONE WHO WOULD LIKE TO VOLUNTEER? BEARD CONTEST CALLING ALL YOU CLEAN SHAVEN MEN ..... CONE TO THE CENTER ON THE 2ND OF JANUARY WITH A FRESHLY SHAVEN FACE .... THAN SIX WEEKS LATER...RETURN FOR THE BEARD CONTEST "LINE UP". PRIZES WILL BE GIVEN FOR THE LONGEST GROWTH, BUSHIEST, THINNEST AND THE MOST SEXY. cl r Arlon. Tue. Wed. Thu. Fri. T)ECEftbi xr 890 EF SANDWICH 4 S 8 7 8 CORNSEEF CARROTS KNOCKWURST MEA OAF SPAGHETTI BAKE© FISH CABBAGE S/i KRAUT MA � POTATO $ARDE N SALAD BROCCOLI SAL. POTATOES M.POTATO SAL. ITALIAN MEANS !Fm":"TF TQ � JUICE COTTA �ES�ESE SECT. GARLIC PIE CHOC CAKEAD HOT ROLL 81"RA Y' CK. DIRT 11 CHICKEN12 18 14 15 SHRIMP CREOLE ALA NSA VEMET. SOUP ROE PATTY 0H84L8 E OR SEAFOOD PLATE HAMBURGERS CORN 8 SANDWICH POTATO SAKI NtlAINS .HELLO SALAD I ALAI 1�1 BNI GINS TUNA Mf MAD M�AGAM SAL. ARAM' SRN RIOLLAPPLE CAKE � It ROLL DEVILED EGGS BLUEBERRY FRESH FRUIT COONIIES CHOCOLATE PIE DESSERT BUCKLE 18 19 20 21 22 BAKED HAM CHIMEN AND LASAGNA TURKEY POT ROAST SW LGIGB T POTATO OLON TOSSED SALAD DRESSING1l LES . PEAR C MROTS GARS DREAD GREEN WANG A SALAD SALAD PEA SALAD 6111M 96AW FRUIT CUP MUP 1 ROLL FRUIT CUP OR ROLL tHr110BLER ICE CREAM BIRTHDAY CAKE PADDING PUMPKIN PIE 26 `;r 28 27 28 29 LIVER k ONIONS CLAM CHOWDER MASHED POTATO NAVY BEAN SOUP MERRY BLT SANDWICH CHICKEN STEAK POTATOES PORK CHOP CHRIST AS RED SLAW MASHER POTATOE AIM! PLEAS APPLASAUCE FRESH FRUIT S-S EAN SALAD SALAD LETTUCE WNDGE SHERBET BLUBIi MY BUTTERSCOTCH ROLL PRIME RIB COOKEE ROLL ICE PIJDD9IG ICE . CREAM Kenai Senior Services 361 Senior Court - ' Kenai, Alovka 69811 ►' `` 41 This Newsletter Bel • j A 9� tIsdItatuffut Jim Zmacki Al"ka s ctotalubvt h 3111 "C" STREET, SUITE 415 ANCHORAGE, ALASKA 99503 (907) 561-2037 WHILE IN JUNEAU POUCH V JUNEAU. ALASKA 99811 (907) 465-2719/2693 November 28, 1989 Honorable Governor Steve Cowper State of Alaska Post Office Box A Juneau, Alaska 99811-0101 Dear Governor: MEMBER STATE AFFAIRS COMMITTEE LEGISLATIVE COUNCIL FINANCE SUBCOMMITTEE PUBLIC SAFETY ANCHORAGECAUCUS CO-CHAIRMAN I would like to formally solicit your positive and enthusiastic support for the Kenai Congregate Housing Project. I feel it is imperative that the senior citizens of the Kenai Peninsula -- of which there are around 1,600; 300 more than the Mat -Su Borough and 400 more than the Juneau Borough -- have access to some form of senior housing. The seniors of the Kenai Peninsula and the City of Kenai are fiscally conservative and understand budget shortfalls and constraints, thus they have presented a cost efficient, self-sustaining senior housing alternative to the more expensive Pioneer Homes. I strongly urge you to consider this project as a top priority for the State of Alaska. I will be working closely with all the Peninsula seniors, public officials, Legislators, and with your office to ensure broad -based public and legislative support. I look forward to working closely with you in Juneau. Thank you very much! sin rely, m Zawack �c,2s272g2 Representative`s 9�0 C.C. Kenai Peninsula Legislators C Kayor John Wil ice, City of Kenai Pat Porter, Kenai Senior Center}. Ne Kenai Chamber of Commerce North Peninsula Chamber of Commerce CITY OF KENAI I KENAI_ SENIOR SERVICES _ _ 1104 Mission Avenue Kenai, Alaska 9%11 Phone: 293-7294 November 29, 1989 The Honorable John Williams Mayor, City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: On behalf of myself and those persons who are caregivers associated with our Center, I would like to thank you for the proclomation regarding National Family Caregivers Week. It was appreciated very much by those persons who are caregivers and those who may be potential caregivers. The job that these people undertake is, in most cases, done out of love, but many times theirs is a thankless job with little or no recognition. Some say that when you do a job out of love you need no thanks, but I believe differently. Nothing keeps us going longer or stronger than a little recognition. Thank you for thinking of those who are so often forgotten. Si ely, i / f e onda L. ebb rogram Coordinator cc: Pat Porter, Project Director c CITY OF KENAI TAXABLE % OF CUMUL. OVER (UNDER) 12-6-89 SALES TOTAL % PRIOR YEAR p1_82..- - --�---- --- -- _- - - ------ -.. APR-JUN 13,219,865 24.90% 24.90% -'2 JUL-SEP 14,747,131 27.77% 52.67% i a .Q.CT.=DEC-._.__-.�-13-,..4.36.,_ 167 __-2.5,3_1X...---- 4 JAN-MAR 11,694,545 22.02% 100.00% 6 TOTAL FY 81-82 53,098,308 e 7 FY 82-83: - - a APR-JUN 14,583,273 23.40% 23.40% 10.31% A JUL-SEP 17, 38 L_998, 27`82% 5.-1 22% 17 58X______. -- - 10 OCT-DEC 16,684,392 26.779E 77.98% 24.17% " JAN-MAR 13,722.224 22.02% 100.00%. 17.34% 12 TOTAL FY 82-83 62.328,887 17.38% 13 14 FY 83-84: t6 APR_JUN 16J29,345 24.26% 24.26% -53.32% 14.72% 1s JUL-SEP 20,038,331 29.06% 15.57% 17 OCT-DEC 17,538,148 25.44% 78.76% 5.12% 16 JAN-MAR 14,644,454 21.24% 100.00% 6.72% 19 TOTAL FY 83-84 68,950,278 10.62% 2° 21 FY 84-_85 : _ 22 APR-JUN 17, 776,759 25.08% 25.08% 7.46% 23 JlJL-SEP 19,890,113 27.75% 52.83% -0.74% 24 OCT-DEC 17,893,320 24.96% 77.80% 2.03% 26 JAN-MAR 15,915,587 22.20% 100.00% 8.68% 26 TOTAL FY 84-85 71,675,779 3.95% 27 23 APR-JUN 18,962,980 24.77% 24.77% 5.49% 30 JUL-SEP_ 21,636,382 28.27% 53.04% 8.78% 31 OCT-DEC 19,764,403 25.82% 78.86"� 10.46% 32 JAN-MAR 16,177,959 21.14% 100.00% 1.65% 33 TOTAL FY 85-86 76,541,724 6.79% FY 86-87: 36 APR-.JUN 18.317,064 26.45% 26.45% -3.41% J7 JUL-SEP 19,365,123 27.96% - 54.4�X -10.50% ?6 OCT-DEC 17,023,720 24.58% 78.98% -13.87% JAN-MAR 14,558,053 21.02% 100.00% -10.01% A° TOTAL _FY _ 86-87 - 69,2613,960 _ _ -9.51% 2 FY 87-88: A3 APR-JUN 16_. 846 ,_ 498 - 24 .16% 24.16% -8.03%�-- - ---- ---� JUL-SEP 19.507,131 27.98% 52.14% 0.73% OCT-DEC 18,033,077 25.86% 78.01% JAN-MAR 15,334.534 21.0% 100.00% 5.33% TOTAL FY 87-88 69,721,240 0.66% -- ----------------- FY ---------- - APR-JUN 18,885,550 24.65% 24.65% 12.10% JUL-5EP 22,352,402 29.18% 53.83% 14.59% OCT-DFC 19.145.354 94.99°% 78.82% 6.17% JAti-MAR 16.226 98 21.18% 100.00`" 5.82 TOTAL, FY 88-89 7 6 . h09 , 904 9 .88% FY 39-90: APR-JUN 19,696,59.3 4.29% ,Ti L.-SEP 22. 313. 210 -0.18% Ul 61 9 v Al X. 0 F R -E N A I I I A B L V AE S I lei 83 844 15 86 8 " 0 ` ' nil CIA - DRY ;-­l f AFT!" 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Wi 'ki'':1i aSt.,..i• ;.4r Fd¢.,�' r'!: yy „r•,r :7:;:�.L ,,,�1; 1{. :r-y�,} ..;�:r ,i :!,.Y"x'"rr�:'', ns' �'� ri.. ,.i''Ir•. ::;1: ^4$,.�r; , :. rl••a'!3i411�: ',, -S :i•.p .. t..,+ a '�•:I � �'�" dr- _ _ f -. _:3 ir,` ti►er-fi s! dz! of, "}!'E',;t:ivaI 'af 1rik;hts.ir' H 11.kik Z § , ka ft .cc lebl dues. aiI'' al ci-c: ►t Y., 1 L t5 - t,::;lt re tI] "I!I _' t.hd. T( in 'I e' cli: JC.-u,5a1ein to the Jewish 'pf'op� a ;for- � w(-rsl:ip. 5, ir;;r..h th-.2. ;il''_Ci.al c:"ud] ..., a r: .lit oTI..a'mer.c�r::it one each dayl'':,i , 7 , : ! :� - :1:. !: 1 [i.'r.i. ' W3 U, ( 1,0.' .� : (: ;1� O1'1 .7i'i t.,lT a alli' wi.1-'' YC'_CF)!":1.'QIl 'I ilE s,.l }. 26 Id I` S'i. 1� J'.Nl:' VJ1.l e,i'S 0 ":'_:i; 1':ER1.U,t'i 1.4 1 YO A }IAPPY-- `D.SAFIE, 1101..1:'.`_1' .:(' is B ! 1:; n: ', W}i1c:i is i !c -11 EL(. _idaj :.It .':,,-:1. aAlaCirf!aL Br.1t:-!in, Ua l:(1;:, ' { ' i v C, 's: s' 5M6t iT c1: L (^w 1larid ,.:• T} �siis at!.',plAi d::t:ust:l)i1c 1 Bated to''g �speca bci,xerl lifts "to h )uSr~ ;. , i 1 1.1il iti.;}il i t u,c c. E> 'ii„ F t�tz c c. _ei:, at i:: rt f . E a A.%' Tl: is a cE' :.: , r.: t i c)Ii for b.- a(.k Anic�I. ica,l ' ! , !„i.I,ie ,, observed `f',°d,Tr! 12-2'f4 to x-1. +'Ifi is'`8 tjlie for'A,nei icari sf !oi' African h estrry :i!eni1)t.1' tlzl�.ir` h( )`itape,• tQ dl, >c 1,, d lc 0 ille i r gd)d,d fortune dui iu " the' n�lst r(r alI li t(:, exl ress hole i or the yeas. tc� ((�uic « �"5 .' c C,Lz TO DO L = S T DE CEMBE R 6, 1 9 8 9 ; r 1. Kornelis: Check with DOT to determine agquisition of ROW for Maguire area. 2. Planning Commission: Continue work qh sign code portion dealing with "R" zone. 3. City Manager: Ordinance 1344-89 ,to return for second reading when price has been negotiated. 4. Clerk: Notices of Work Session for December 20, 6:00 P.M. regarding Purchase of Cone Property. 5. Mayor/Clerk: Letters to 4 new commission/committee members. C W4 6. Clerk: Purchase order for $100 donation from Council to Library for December 14th Open House. 7. City Manager: Amend lease for Dick Morgan to allow increase in green fees per green card. 8. City Attorney: Proceed with abatement of house on Iowa Street in Thompson Park. 9. City Manager: -'Report on date of opening of new customs office at next Council meeting. 1791-1991 CITY OF KENAI G'dj04:W 4 4114Z� f f 210 FIDALGO KENAI, ALASKA 99511 TELEPHONE 293-7535 FAX 907-283-3014 City Clerk's Office 283-7539 FAC S S M= LE T I2AN SM S S S S O N I a 111130W FROM: DATE:,F�+j• PAGES: .� ✓'T Sender: