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HomeMy WebLinkAbout1989-12-20 Council PacketKenai City Council Meeting December Packet 20, 1989 mMl Nptjtl I IIUIIIn ltlmmNNllnnnn± AGENDA KENAI CITY COUNT, - REGULAR MEETING December 20. 1989 C. PUBLIC HEARINGS 1. Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code. 2. Ordinance 1346-89: Amend KMC True 4, 'Uniform Building Code' to Adopt b incorporate 1988 8 1900 Edi- tion of Certain Codes 3. Ordinance 1347.89: Amend KWIC Title 23„ 'Personnel Regulations' 4. Ordinance 1348-89: Increase Esllmated Rev/Agpns by $14,060 in Council an Aging -Borough Fund 5 . Resolution 89-80: Audxr+tae Atpplk abDri for Funding for 'Kenai River Mouth Viewing Area' 6. Resolution 89.81: AwardingContract for Two 1990 Police Patrol Vehicles - $30.758.00 7 . tlr Renewal of Liquor License American Legion Post No. i', 20 ` AGENDA KE NA S C STY COUNC S L — D4eC4anrrber 20, AA-- CALL TO CORDER REGULAR ME E T S NG 1.959 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. 8 _ SCHEDULED PUBLIC COMMENT (10 Minutes) .Clarence Ladd - Kenai Seniors �J C _ PU13LSC HEARSNGS 1. Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code 2. Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to Adopt & Incorporate 1988 & 1990 Edition of Certain Codes 3. Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations" 4. Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in Council on Aging -Borough Fund 5. Resolution 89-80: Authorize Application for Funding for "Kenai River Mouth Viewing Area" 6. Resolution 89-81: Awarding Contract for Two 1990 Police Patrol Vehicles - $30,758.00 7. *Renewal of Liquor License - American Legion Post #20 D_ COMM S S S S O N/ COMM S T TH 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 1 E _ M 2 NU TE S 1. *Regular Meeting, November 21, and December 6, 1989 F _ CO RRE S P ONDE NCR 1. *Letter from Larry Sloan, S1� s 2. *Letter from Senator Zawacki 3. *Letter from Governor Cowper to Senator Zawacki 4. *Letter from Representatives Navarre and Swackhammer G _ OLD BUS 31NE S S H . NEW BUS = NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1349-89: Amend KMC to Adding New Chapter - "Investment of Monies" to Establish a Policy for Investment of City Monies 4. Vacation of 10' Utility Easement: Lot 2, Block, Sungate S/D - HUD 5. Vacation of 10' Utility Easement: LotJ2, Block Thompson Park S/D Alaska Housing Finance Corp. ►1 2 _ ADM = N = S T RATION REPORT S 4, 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager .7 _ 1D31SCUSSION 1. Citizens 2. Council K _ AD JOU RNME N T 2 17l1-1M1 CITY OF KENAI edp l 4 44w"„ TBJPN"M-7= FAX 907-2833014 MEMORANDUM T O - Mayor Williams and Council V FROM: Janet Loper, Deputy City Clerk DATE: December 20, 1989 RE - Additions to the Packet for Meeting of December 20, 1989 Item B-2: Add partial minutes from Airport Commission meeting 11/9/89 Item B-2: Add Red Goodwin - "Keen' Eye" Presentation INFO ITEMS: Info 13: Letter from Representative Navarre Info 14: Request from City of Seldovia for proposed resolution dealing with Oil Spill Christmas Card to Kenai City Council from Forget -Me -Not Members Info 15: Letter from Senator Stevens - Old Western Auto Building = NFO RMAT = ON L = S T D�cembar 20, 1989 1. Kenai Peninsula Borough Agenda for December 5, 1989 2. Arcticle from Peninsula Clarion - Suit Filed 3. Soldotna Chamber of Commrce Calendar 4. Council To Do List for December 4, 1989 Work Session 5. Council To Do List for December 6, 1989 6. Library Report 7. Pull Tab Notification - Alaska Jaycee's 8. Pull Tab Notification - People Count 9. Pull Tab Notificatoin - Woman's Resource Center 10. Notice of Council Work Session - December 20, 1989 @ 6:00 P.M. 11. Application for Payment: G&S Construction for Terminal Remodeling 12. Letter from AOGA: Alaska Oil Spill Poll jal Roll Call ��nv a��Na�■��� TOO DrrurO LIST: A � , h � /9 M ✓h . �c�r.V.IJ l(.J�.,� �vm Rsw t Yj_& Gcod w cm - 6� Wta W PO P_ d.�k r-- CL, uj4q �- o crn NOTEg : I 0C oot4" A JLY)vp L_ 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 Project 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 meeting. 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 C -j Suggested By: Fire DeparL,«C,.t- 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] 198 . (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 - clf) JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: -2- December 6, 1989 December 20, 1989 January 20, 1990 c -a 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: Second Reading: Effective Date: (11/28/89 - clf) December 6, 1989 December 20, 1989 January 20, 1990 Chapters: 4.05 4.06 4.10 4.15 4.20 4.25 4.30 4.35 4.40 Sections: TITLE 4 UNIFORM BUILDING CODE Uniform. Building Code Chanter 4.05 UNIFORM BUILDING CODE 4.05.010 Adoption. 4.05.020 Building Official. 4.05.030 Permit Fees. 4.05.040 Exit Facilities _Repealed). 4.05.050 Snow Load (Repealed). 4.05.060 Wind Pressure. (Repealed) 4.05.070 Foundation Ventilation. (Repealed) 4.05.080 Exits. (Repealed) 4.05.090 Energy Conservation in New Building Construction (Repealed). 4.05.100 Special Hazards -Section 608 (Repealed). 4.05.110 Special Hazards -Section 708 _(Repealed). 4.05.120 Special Hazards -Section 808 (Repealed). 4.05.130 Special Hazards -Section 1008 (Repealed). 4.05.140 Asphalt Shingles (Repealed). 4.05.145 Group R, Division 3 Occupancies. 4.05.150 Appendix Group R, Division 3 Occu ancies 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," [1985] 1988 Edition, of the PAGE 1 - ATTACHMENT "A" �.P 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) Building 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 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 Eneray 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 VAPQR ,AR IER: A VAPOR BARRIER OF 4 MIL POLYETHYLENE OR EQUAL SHALL BE APPLIED TO THE WARM SIDE OF INSULATED AREAS."] "Sec. 5303 Alternate Standards: [COMPLYING WITH ASHRAE STANDARD 90r-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 EQUIPMENT DO NOT EXCEED 400,000 BTU PER HOUR INPUT."] (Ord. 542, 1123) 4.05.110 Special Hazards -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 Hazsrds-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 Hazards -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 r "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 SHINGLESI 4:123 LONE TYPE 15 FELT APPLIED 16 PER 36 INCH STRIP 14 I12I3/8I I I IPER SECTION 3203(D)3A i 2 PER 18 INCH SHINGLE) I I 4.,05.145 amended by deleting the lasts ra raph. 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 RMC 4.06.010 provided that the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his supervision and control. (Ord. 839) PAGE 4 - ATTACHMENT "A" Chapter 4.10 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, 269, 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," (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. (Orris. 269, 395, 542, 839, 1118) PAGE 5 - ATTACHMENT "A" 4.15.020 Building Official: The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the Uniform Sign Code adopted by 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 PLUMBING 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 Plumbing 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 Pipina Materials and Structures: Sec. 315 of the Plumbing Code adopted 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 2f0 AWG." (Ords. 269, 395, 542) 4.25.080 Air Chambers: (Ords. 126, 269, 395, Repealed 542) Chanter 4.30 NATIONAL ELECTRICAL 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_ UniformAdministrative 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 WirincT 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 ElectricalwRe,,,,,rmitRequired: [(A) NO PERSON, FIRM, OR CORPORATION SHALL COMMENCE THE INSTALLATION, ALTERATION, EXTENSION, OR REPAIR OF ANY ELECTRIC WIRING SYSTEM, WITHOUT FIRST OBTAINING A PERMIT FOR THE WORK FROM THE BUILDING OFFICIAL. (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 Sire of Conductors: Repealed. (Ords. 269, 395, 651, 1228) 4.30.055 The Building Official of the 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" C -3 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, in 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, that the Kenai Municipal Code, Title 23 is hereby amended as shown the attached document marked as "Exhibit 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: Second Reading: Effective Date: Approved by Finance: _C-q (11/28/89 - clf) December 6, 1989 December 20, 1989 January 20, 1990 C -3 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, in 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, that the Kenai Municipal Code, Title 23 is hereby amended as shown the attached document marked as "Exhibit 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: Second Reading: Effective Date: Approved by Finance: r (11/28/89 - clf) December 6, 1989 December 20, 1989 January 20, 1990 To: Kenai City Council From: Charles A. Brown, Finance Director r9Q 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. TITLE 23 PERSONNEL REGULATIONS Chapters: 23.05 General Provisions. 23.10 Catecories of Service. 23.15 Administration. 23.20 Classification. 23.25 Compensation 23.30 Personnel Policies and Procedures. 23.35 General Conduct, Discipline, Termination, and Appeal. 23.40 Benefits. 23.45 Performance 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 Employment -Qualifications and Fitness: Employment in City Government shall be based on qualification and fitness, free of personal and political considerations, with equal opportunity for all with no restrictions as to race, color, creed, religious affiliations, or sex. It is a policy of the City to not discriminate against the handicapped in employment. (Ords. 336, 537, 963) 23.05.020 Incentives and Conditions- Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operations of the City government. ( Orris . 336, 5.37 ) PAGE 1 OF EXHIBIT "A" 23.05.030 Uniformity of Classification and Compensation: Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. (Orals. :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 De filled. (Orris. 336, 537) 23.05.050 Morale: High morale, shall be maintai.led 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. (Ords. 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 'PHIS 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 TLIE 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 HIS RIGHTS FOR THE PURPOSE OF ATTEMPTING TO GAIN AN ADJUSTMENT OF SAID CAUSE OF DISSATISFACTION. (F) PERMANENT PART-TIME EMPLOYEE: AN EMPLOYEE WHO IS EMPLOYED REGULARLY FOR LESS THAN THE NORMAL NUMBER OF WORKING HOURS, BUT WHO NORMALLY FOLLOWS A PRE -DETERMINED, FIXED PATTERN OF WORKING HOURS. (G) PERMANENT EMPLOYEE: AN �;MPLOYEE WHO HAS BEEN RETAIN-P;D IN HIS APPOINTED POSITION AFTER THE COMPLETION OF HIS PROBATIONARY PERIOD. (H) PROBATIONARY EMPLOYEE: AN EMPLOYEE WHO HAS NOT V rl.' COMPLETED HIS PROBATIONARY P;RIO.0. 'AGE 2 OF i-;tiH1B1T "A" (I) PROBATIONARY PERIOD: A WORKING TEST PERIOD DURING WHICH AN EMPLOYEE IS REQUIRED TO DEMONSTRATE HIS FITNESS FOR THE DUTIES TO WHICH HE IS APPOINTED BY ACTUAL PERFORMANCE OF THE DUTIES OF THE POSITION. (J) PUBLIC SAFETY EMPLOYEE: A PERSON EMPLOYED IN THE POLICE, FIRE, OR COMMUNICATIONS DEPARTMENT. (K) SUPERVISOR: ANY PERSON WHO IS RESPONSIBLE TO A HIGHER DIVISIONAL OR DEPARTMENTAL LEVEL OF AUTHORITY AND WHO DIRECTS THE WORK OF OTHERS. (L) TEMPORARY EMPLOYEE: AN EMPLOYEE WHO HAS BEEN APPOINTED FOR A LIMITED PERIOD NOT TO EXCEED SIX MONTHS.] (a) Exempt Service: Exempt service shall include all elected officials, City Manager, City Attorney, City Clerk, and temporary employes _bembers of l2,oards, committees, commissions, volunteers, contra2tors, and consultants are not employees. .(b-) Classified Service: ,All paid em-oloyees not in the exempt service. (c) Full -Time: Empl,ovees scheduled to work 40 hours per week (except certain Fire Department emplov!2es who work an average of 56 hours per week) are considered full ;time. (d) Part -Time: Employees scheduled to work less than 40 hours per week. (e) Re„cxular: Employees who have completed the probationary period. They may be assianed to work a full-time or part-time schedule. .(f) Temporary: Employees who are hired for a pre -established period, usy,allY during pedk workloads qr for vacation reli of and for not more than six months. they may be assigned to worts a full- time or part-time schedule. They are ineligible for benefits and holidayyay. jcjj Probationary Period: 'N'lormally six months, except for Police and Fire which is normally twelve months. This 2eriod can be exten,dei up to, but no longer than twelve months or eighteen months, regpectively. (hi Department: The smallest functional budgetary unit of the City government established by the Citv Council. (i) U��partment Head: A person directly responszbJ.e to the City Manager for the admini.strat:ion of one or more departmerits . Promotion: An ac!vancement o1' an employee from one lob classification to a higher job c:'.rl. s .f:tcation within t..;:ae same department. _Qtl_ 'Transfer: The movement of an employee trom one department to another department, regardless of io) r.l-Hssification. (1) General C3,overnmeDnt Employee: A City amp. oyep ether_ thari a Public Safety r'm� oyee. PAGE 3 OF hMil-.BIT "A" �? (_ m _ Public Safety Employee; A person employed in tn.e Police, Fire or Communications Department. (n) SAmeryisor: Any person who is responsible to a higher divisional or denartment level of authority and who directs the work of others. .L.L City Manager: A person directly responsible to the City Council who is authorized and directed to exercise the powers and fulfill the duties as specified in the Charter and Muni.cpal Code of the City of Kenai. .L321 City Attorney: A person directly responsible to the Cj tv Council. He +_s the chief legal advisor_ to the Council and all other officers, departments and agencies of the City government in matters relating{ to their official powers and duties. c� City Clerk: An officer of the City, appo rated by the Council, for an indefinite period of time and shall. serve as clerical officer of the Council. (r) Grievance: An employee's oral or written expression of dissatisfaction with some asxpect of his employment, a m-anac,�. ement decisi-on affecting him or an alleged violation of h�s ric;hts for the Purpose of attempti.ntg to gain an adjustment of said cause of dissatisfaction. Chapter 23.10 CATEGORIES OF SERVICE Sections: 23 ,10 . 010 General. 23.10.020 Exempt Service. 23.10.030 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 sha].'J. 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 i TO THE MAYOR.1 : KMC 23. 30. 110 (b) and (d) 'Ind 2:1 . 40. O80 ( 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) Chanter 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 Council shall adopt a plan and rules by ordinance. (Ords. 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 Appointee 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.] The pay period is monthly, but on the fifteenth of each month, a pay advance is issued according to a pro rata draw or share of net entitlement for the monthly period. If the fifteenth or the last day of the month falls on a Saturday, Sunday, or holiday, employees shall be paid on the last working day preceding the pay date. Temporary employees and those working less than fifteen hours per week are paid on, the last working day of the month and receive no advance on the fifteenth. (Ords. 336, 537) 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 Or 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 day 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 Acting 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 r,XHIBIT "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 shall be the first of the month in which the employee's original probation ends. Employees who have gained regular status at the effective date 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. (Orris. 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, RMC 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 departments - 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,_ Recregtion Center, Senior CenjteK 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 special 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. (Orris. 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. (Orris. 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 1-4 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 Employment: 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] required before acceptance of outside employment. (Ords. 336, 537) 23.30.110 Travel ExRense: 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 them 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 Expense 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 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`k -- 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-four (24) months. 096 -- 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 Traininca: (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) Chapter 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 [OR USE OF NON- PRESCRIPTION DEPRESSANT, STIMULANT HALLUCINOGENIC, OR NARCOTIC DRUGS) on the job or arriving on the job under the influence of intoxicating beverages [OR SUCH DRUGS]. (2) Illegal possession of any controlled substance on the job. (3Z Ingestion, either on the job or within eight hours before reporting to work, of any controlled or other dancxerous substance, 7inless prescribed by a licensed medical PAGE 17 OF EXHIBIT "A" t Practitioner. Employees shall notify their immediate superviaor when a uired to use Prescription medicine that they have been informed has the potgntiAj to impair Job ipergormance. The employee the supervisor of the known side effects of such medication, as well as the the rec2mmended 4olaae. ([2]4) Violation of a lawful duty. ([3]5) 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. ([8111 ) 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. ([11]13) Inability to perform the assigned job. ( [12114) Political activity as restricted by the Charter. (Ords. 336, 5377 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 r 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 ftis 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. (i) 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 Safetv: (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 Lecral 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. (Ords. 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 work 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. employges : 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 5ft_er 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 reads 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 Absence Without Pay: (a) Leave without pay may be granted to an employee upon recommendation of the department head and approval of the City manager for up to 180 days. Each request for such leave shall be considered in the light of the reasons for the request and of the needs of the organization. Leave of absence without pay is not authorized or permitted for other employment. Leave without pay shall not be requested nor granted until such time as all accrued annual leave has been exhausted, except when an employee is absent and drawing Workman's Compensation pay. (b) If an employee uses more than 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 tip 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" (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 Acre: 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, 1986 must 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) Chanter 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" !` 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. (Ords. 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 City Manager shall, within five (5) working days, meet and PAGE 30 Or 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 I 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Secretary I 9 208 Legal Secretary I1 11 209 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 Qualification 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) This recognition entitlement is not considered when calculating hourly rates for annua1t. 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 7-1-88 SALARY STRUCTURE BY GRADE RANGE A B C D E F AA BB CC 1 12,158 12,462 12,766 13,070 13,374 13,678 13,982 14,286 14,590 2 14,363 14,722 . 15,081 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. 29,719 30,462 31,205 31,948 32,691 33,434 34,177 34,920 35,663' i '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 42,666 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 52,060 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 60,317 61,720 63,123 64,526 65,929 67,332 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" c -V Suggested by: Administration City of Kenai ORDINANCE 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 $ 1,081 KPB - Supplemental - Repair & Maintenance 12 979 1 0 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 &W5 CITY OF KENAI RESOLUTION NO. 89-80 A resolution authorizing the application for funding assistance for an outdoor recreation project, "Kenai River Mouth Viewing Area", to the State Liaison Officer as provided by the Land and Water Conservation Fund. WHEREAS, the City Council of the City of Kenai, Alaska has approved a "Kenai River Mouth Viewing Area" for the area which identifies a community park in the southern part of the area known as Track C of Daubenspeck Property Subdivision, and WHEREAS, the City of Kenai holds title to the real estate in the area where the construction is to be done, and WHEREAS, this property is located along the Kenai River between the Kenai Senior Center and an area owned by the Russian Mission, and WHEREAS, under the provisions of the Land and Water Conservation Fund, federal funding assistance has been authorized and made available to aid in financing the cost of land for parks and the construction of outdoor recreational facilities of local public bodies, and WHEREAS, the City Council of the City of Kenai considers it in the best public interest to develope a park in this area for a viewing area of the mouth of the Kenai River, the Cook Inlet, mountain ranges, volcanoes, fishing boats, wildlife i.e. birds, geese, whales, salmon, etc..., and WHEREAS, the project may include but is not limited to picnic sites (covered and uncovered), walkways, parking, restrooms, landscaping, signs, benches, etc..., and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Kenai, Alaska 1. That the mayor be authorized to make formal application to the State Liaison Officer for funding assistance, 2. That any fund assistance so received be used in the development of land in the southern part of Track C of Daubenspeck Property Subdivision, 3. That the City' s share of funds for the project will be derived from the City's General Fund or other grants, force account, and land donations, 4. That the City's property on which the construction is to take place shall be used in perpetuity for the purpose already stipulated unless as otherwise provided and agreed to by the City Council, the State Liaison Officer, the Heritage Conservation and Recreation Service, and, 5. That this resolution become part of a formal application to the Alaska Division of Parks and Outdoor Recreation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of December, 1989. ATTEST: Janet Ruotsala, City Clerk Written by Public Works JOHN J. WILLIAMS, MAYOR -2- PTN 5EC 5 7-5 N R l l S. M p7�7 Og3 OPT 4L Op4 v �PAs� 10 OV ti H - a h j Oh d a: e Q 7056 0 Assessor's Map Kenai Peninsula Borough, Alaska NOTE — Assessor's Block Numbers Shown in Ellipses Assessor's Parcel Numbers Shown in Circles S i ISAWA• w �wt ` y J d.� a1.xr �+tr��'s '� .§.'i . tyx'6� 4 •' i�*7�� "� s � a i�r► -' 1Fy .n r�:s'.c{l•«,.s �`c:I:v {j« a p 1tvK'�4�{ y..i ' ++E � �.yi ,,+�� ' . ♦t�)�f'�i li!^�• 1 ��'.%,� 4w✓ ram. � l'+ YFpv •,..Y r+'.��r ' 1 �.y�y ` � � i• a t A.1� ,'p tZ': , � , �,� .t Vrr / � � pr t'k�4Y'- � r � �4 ''+iil��ii �w�i � �''► era tr E,r� 1'�t � �,►i ,."'i � r�� 6 `' 'r1 , "+'#� f �'+'YF. ' 4�� •fs �. :ti'+`-K'4 �d1�s'� t ''��," yi tk �.p • y. rr �k ;!� �Xi+r` 'y� �„ #. tilt •E � ?a +�� t� �,�r`« �� � i!u � �• r, r`t• i Tk r,fi J�` " Rw �. r �t•�-p�'i *w' ♦ Y'C ,R y i �t, �� \ �► <"�.�s'/ti't i'�. 4�.��%".�x d ,rc+" r+ ��; { T�4 h` ♦j,, °qy r�.r �.`�, ,fit, `�' i� i�.. I c♦.�,�.�Iv 41;�' i ti 'vty` :.Y ,:tiv Of( •. 3,•, . 1r�Tr+ s; tit Y _ � wad �j'O s.:r I . .� =':r�s ',�Y•. �•.,��.� ...� ,, , w 'L'• .:��` ••����r� �`#r#�51%�i ,�' t ewf+4, �,..tR'Y"lrr�,/.ts.. C -6 Suggested by: Administration City of Kenai RESOLUTION NO. 89-81 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO HUTCHINGS CHEVROLET-OLDSMOBILE-CADILLAC, INC. IN THE AMOUNT OF $30,758.00 FOR TWO 1990 POLICE PATROL VEHICLES. WHEREAS, the Kenai Police Department solicited bids for two 1990 police patrol vehicles, and received bids on November 30, 1989, as follows: Bidder Bid (Total) Hutchings Chevrolet -Oldsmobile -Cadillac, Inc. $30,758.00 Peninsula Ford, Inc. 31,032.00 WHEREAS, both bids substantially conform to the bid specifications, and WHEREAS, the bid from Hutchings Chevrolet -Oldsmobile -Cadillac, Inc. is the lowest responsible bid. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Hutchings Chevrolet -Oldsmobile -Cadillac, Inc. for two 1990 police patrol vehicles at a total cost of $30,758.00. 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 Approved by Finance: 1'2 (12/15/89) jal KENAI POLICE L EPT, 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE 283-7879 TO: Charles A. Brown Finance Director FROM: Richard A. Ross Chief of Police SUBJECT: Vehicle Bid Award DATE: December 13, 1989 Request a resolution be prepared for City Council awarding the purchase of two (2) 1990 patrol cars to Hutchings Chevrolet. The purchase amount for the two vehicles is to be $30,758. Bids were opened on 11/30/89. Bids were received as follows: Hutchings Chevrolet $30, 758. 00 Peninsula Ford $31, 032. 00 Hutchings Chevrolet is the lowest bidder. Neither bidder took significant exceptions to the bid specifications. It is our request that the award be made to the low bidder at the price quoted. RAR: lrr A SIEVE CONK, GOVERNOR VE OF LS KA A IRTMI "r OW N'NV'EN E 550 W. 7TH AVE A�MlCIMORAQE, ALASKA 9950f-8848 i A1.0 BF. V�iE GYANI'AIfJ�L �0 December 1, 1989 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, Ak 99611 Dear Ms. Ruotsala: We are receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. CLUB American Legion Post #20 cc: Kenai Peninsula Borough 40 Nam\ ro Q. C;." z� 016869C' f�� 04-DI SLH A local governing body as defined under AS O4.21.030(10) may protest the approval of the applicatiosis) PW0%Wat to AS 04.11.4 0 by furnishing the board Md the applicant with a clear and concise written statement of reasons ilk smart of a protest of tin application within 30 days of r"Olpt of We notice. If a Pf*t"t is tiled, the board will not approve the application M1006 it fi*ds that the protest is arbitrary, capricious bed care" oneirle. load. is atcordefte with AS 04.11.510(b). the board will notify the applicant that the application is denied for the reasm stated is the protest. The applicant is entitled to an informal conference with either the director or tb* board and, if not satisfied by the informal eonferenee, is entitled to a formal hearing is aecordsnce with A9 44.62.330-44.62.630. IF =2 APPLICANT TS A NBARINe. = mminun im Coo row wBD AT T#iB NEARING VIih DBncit AND ARGUNINT IN SVPPU x OF TOE PST. Under AS O4.11.420(a), the board may not issue a license or permit for promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must isform the board of zoning regulations or ordinaacee which prohibit the sale or consumption of alcoholic bevorages. If you wish to protest the application referenced above, please do so in the prescribed canner and within the prescribed time. Please show proof of service upon the applicant. tinder regulation 1S AAC 104.145(e) the board will great a local governing body an eztensioa of 30 days in which to protest aa applicatioa if a request is filed in writing within the original 30-day parted. If a mupicipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no varianer of the regulation or erdisance has bream approved, please so notify as and provide a certified copy of the regulation or ordinance if you have not previously done so. PBOTBST UNDBB AS O4.11.430 AND TUB PBONIBITION OF SALE OR CONSUMPTION OF ALCCNOLIC $914BURS AS BBQUIBEIIF BY =01M INK ATION OR OADINANCB UNDBB AS 04.11.420 (a) ASK TWO SWARM AND DITINCT 3V*JBCTS . Please bear that in mind in responding to this notice. tinder AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 ALASKA LIQUOR LICEn$f_ APPLICATION PAGE 2 OF 2 SE G PION F. 1NDIVIDUALMORPORATE OFFICER IWORMATKM The kbMrq mtormNbn rmrsr be provided for eaM apphtt t or cw wate Mfker. it the apI'"W" a ro•spptldars w acorpotabn, Me oRlcsrs shoed trtea Include 1M hooldsnL Vke•PresM1aM, 8/eraury aotf Treasurer. Use M"Iorml pages as rt cesawy. FuR Markle (DO not /use hNllsily f Full rforyre (Do not use 1.1f11111, / -r(7j/ �sAl+9d>MMs --� , t.laRlrkeAtdresa _ - - r ---- •.. , City, sure zpCod�e , CRy state. zp code--'--' - -�. - . Home Adage (a dlRnMl Iran rrMRng address) Home Address (11 d1lfwMt from malSkq addreas) Date of Birth Hama Mama Work Phone Date of Birth Home Phone World Phone - Length of Alaska ResMWy - _ _ v 9 apPlhanl u acorporalbn. Manllrythecorpweto oflka you hold.. If --- applkeMMacwporabn,MMfpythecorpwsaollkn you L thef Alsaka Resdenc Y vows �. kfl RO" % Yoen MonNa / 7r9 /1det' hold. i f a F'Lr�rw!'E', i..; i2 F W Hama (Oo n0J( use Mob) z"�' tT Ful NOW (Do not usr, Mom') f--7 C /- M Mfg Ada'eN _ �1 MaylnO Ataaq CNY, 31a Cod1 �� '-) / 4/ CRY. BIaH.� p Cods /J/I< ,, /, /' Horns AAddi"s (If dWW@M from malkq address) Home Aloes" (11 dWW*M from fro" address) Data W BM Home Phone vtrak ne Pho Des of oftHonks Phena— wak Phone -- .:��•_rG Length ofMaskeResldenay a+wa�lntleacorporationldanMFthsaarpwslsoffbsyw /)L�1-i�+�%b� L thofA.leoka If"ILaretsacorporation, Ident"ocaporateollkeyou hold s r .y E��r , r..,o/,r.r,:v Ya �!� Months f Yeare ,n Aron! .,;i 'Does any IrrdNMrua or oorpwele oelew nwried abow now have say threat a inarecl Meng In any other ssolgRc bovoraga bualnm Iko, Odin Alaska or any other stsloy J�J NO ❑ YES If yes, VIVO sofa, none of bushness, aW edtkaw. Hes eny Wh4duat or eoryon * of w listed above boon convkdat of a 4". a vlc Won 048 w, of been cawkted as a lurk« or manage of IkMesd promises In another aisle of Me kpw lays of that sae sk" the Ming at Rrs IW eppllaaeon7 NO ❑ YEs If yes. pleaoo explaM an sepsrae sheet of papa. . SECTION H. DECLARATION_ Mot be read and canined by earn rppRcen. I declare udder penalty of perjury that I have examined this application, Including the accompanying schedules and statements, and to the best of my knowledge and belief It Is true, correct and complete. I lurther certify that I have read and am familiar with Title 4 of the Alaska statutes and Its regulations, and that In accordance with AS 04.11.450, no person other than the applicant(s) or licenseebusiness. s) has arty direct or Indirect financial Interest in the licensed I agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. It application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the slate of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least one year prior to the date of this application. ,7 — - Subsabetl and sworn to before me this _ v i t � �. d 3 (:• days_ fir. iiCifc;Atot;/ , My cGnindasion expires NOTARY PUBLIC IN AND FOR ALASK My commlaslM expires _ --� _ 7 c� f Form 04-901 Page 2 )Rev. Bing) Submtiod and swan to before me day of NOTARY PUBLIC IN AND FOR ALASKA My aonvnleskn expires 19 0 Stale of Alaska _ PAGE 1 OF Z A50W.b venthAeCuo Board LIQUOR LICENSE APPLICATION � t 550 W. BeveMh Avnw s., �l "". Anchor9ge. Mask a 99501 (PWm ro� to Inst UCl7Qil s, � Parts / and 2 r f fan ABC Board. cep Pon for your twee. This application K for: (check on.) Q A full calendar year ❑ Thesis reW IN period begkrning __. —_ .. .nd'ad" SECTION A. LICENSE INFORMATION Muat Doewrw.wfwtdlgp_esa.ppeerbne. Typo of Application: License Type StaWte Relenwlce For Men" Yew I Federal EIN l 1. - N— / �,, on.f14.11. %,,�//�%� IIa 2GnC2/ S'r. License Fee S, 1 •, �1 . ( • / �] V"" a Menbpailly ( ) OR ❑ Woo. W.l. arty tire r +,, Filing Fee S' ° 100.00 Current Liquor License Number ❑ Transfer of 0 renewsL itso me Noelwiw bon 00ercbod or adke at Ieaat 30 elpht-how d4jadudlgthopoplic I ltgi ywi(A804.11.330j31) Penalty (If - applicable) $ - License Holdw / , t �.� W s-y YES If ns Ilp gsAbn WE be nlsd unless written request for Gt - ---- -- --- - --.._ Total `., ❑ Relocation �� w qw� b 4pmvod fry the Alcoholic Bwwape NO t?a1tlMNlalwt ,--. SubrMl tad $ Emor appblre or trsnelsnds nwro""!nq. _. sirfieM_ssR'i0buidipporcm the license: Doino g oMm M As PuMma Nat") !'l ,/7__ Comnk;nlly Council Nsms wan Manus Address . s /„ /1�/>i,.�'i ($ealnam,retlorn) ',. lil'irFl l f,j jr � FC••r.. / ev o"r 81esM of4dfooa/0lo drlo Aw Pew H d (: je /14 1, ... ❑ TMS IS A NEW MAILING ADDRESS Business Phoae NaaAer(a) QO - '�•. _WCT10M_ B. PREMN ES TOBE�C 14"Mmiettracommimmiestoor Nsw mad Rmocatiolr vppeoseon.. Nomo to to used on public air w In edvoillswrg to WwNa!y _ b location of premlass greater Oran or low man 50 miles from the boundaries of a Ah) e- r 1 C 4 iZ I iC� b h / 4-1 .. .2. 0 mu"k"My g"cOrP'"Iw CRY. ewwigh w UnMed municlp.uy)7 , C School Grounds: I Db%Mf MGM~ IasMr. Cloeest ChuI "/ e I ❑ As 04.11.4/0 OR ❑ Gmetw than 50 mllon M Laos men 50 miles ❑ Not AppikaM. . k' 1 ❑ Local Owsnwico No.: , W smlses b be Scorned Is: C1 Plans submitted to Fire Marshall (Roqukod for new and proposed bulksnga) Ea Fmoy New rem at Promlo Aaaegad for 09 New and Rdoeatfon opplkdlon.) SFCTIQN C. RENE IIl1, INFORMATION_ w—to_peadrwR.rarweleppaestwnswdy. Has the ores where akoltofc bova"em are old, served, NM the$WmrwM of Riandai IM~ changed from me lost PACKAGE STORE. Isthe notice to80alcoholic bevw- coflsunw0, possessed antyorsfwed been changed From the astoM M submMW to the Alcohoec Boverage Control egos in reponse to wdnen orders being renewed? lost dhW*m oubmMW 7 Board? ❑ YES Q3 NO ❑ YES 0 NO ❑ YES ❑ NO SECTION O. TRAN9 ER INFORMATION. Mud b000mploW for Transfer of License Holder and RoWell n eppiteadons only. ❑ InvohrMary Transfer. AlMeh docurnsnls which evidence "dslwit" under AS Naaw(s) and MCBrIg Address at Curren Lkernoe(s) -_ a.1 f.a79. ❑ Regular Tranelw. Any Instrurnont executed under AS O4.11.670 for puMoose or applying AS O4.11.360(4)(S) In a later hrvoWMwy heridw, most be filed wfh this , appikwbn (1 S AAC 104.IQ$(1)). Red w pereond property conwyodwfh thin iransiv is: (Attach extre Onsets M necessary) BEFORE TRANSFER, Doing Busloove As: (Business Norris) _----- BEFORE TRANSFER. Shay Address w Location SECTION E. CORPORATION I FOR Must be wmpfMW it sppfeem y co-appsewd ie a cogw000n. (AS O4.11.390) Corporate Nenre Doing Business An (Business Name) Street Adefass or Location at Business Onto of Incorporation In Alaska Mailing Address Cfy, State, 21p Codo-- _ City and Slate Corpomto OOke Phons No, Iw Ian dove named corporation In good s[wMkg with the Sedo of Moshe, Deperlmem of Commence and Economic Devabp nent7 ❑ YES ❑ NO Ragblwed Agsm (Name and Melling Address) Agent's Aloeka Residency Years: Months_____ Agent's Phone No. CORPORATION DIRECTORS AND STOCKHOLDERB (tlo euWitlonal Shoals it necessary) % or Shores or Full Nano (Do not use InMels) Honer Addrove Date of Birth Ownership THIS AREA OFFICE USE ONLY I r License Nuint w ode Approved Directoem Signaure, .. ' .. . . Form 04-901 Peg. 1 (nov. 9/89) r M r I{E NA 2 PLANNING & Z ON = NG COMM 2 S S = ON December 13, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chairman Note: Items with a * are requested additions to the agenda. 1. ROLL CALL Present: Bryson, Bannock, Glick, Graveley, McComsey Absent: Brown, Gilman (excused) Also Present: Councilman Smalley 2. APPROVAL OF AGENDA There were two additions to the agenda, 3-a and 7-e. MOTION: Commissioner Glick moved approval of the amended agenda, seconded by Commissioner Graveley VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. *Request for Release of Land: Lot 6, Blk 4, Fidalgo Commercial Center Administrative Assistant Howard introduced the item by explaining that the parcel is located behind Dr. McCartan's office. In looking through files and ordinances nothing appears to state that it is required for public purpose and therefore would like recommendations to present to Council that it is not required for public purposes. Vice Chair Bryson: Kim had previously explained that this parcel had been sold. Administrative Assistant Howard: It had been sold previously to Peninsula Savings & Loan and then when they went under the City foreclosed on them. This is kind of a housekeeping matter. MOTION: Commissioner Glick moved that Lot 6, Block 4, Fidalgo Commercial Center is no needed for public purposes, subject to approval from the Parks & Recreation Commission, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote MORE: Because there were no other persons present, item 7-e was moved to this position. Kenai Planning & Zoning Commission December 13, 1989 Page 2 e. *Home Occupation: Govt Lot 124, Sec. 31 (Birch & 2nd) - Christian Videos - Jim & Carol Fraser Carol Fraser came forward to described the business. She explained that she had no intent to operate any other type of business and that only the Christian videos would be rented. Vice Chair Bryson described the location, stated that Second Street is gravel with three houses facing onto it. The Fraser home is the old Lofstedt homestead, then there is a gulley and is close to the newly paved road by the airport. Councilman Smalley: Can you get to your house from Float Plane Road, answer yes. I will be drawing a map on my advertising. Vice Chair Bryson asked for an estimate of the number of customers she is anticipating, answer, it is unknown. Vice Chair Bryson asked for an estimate of inventory, answer $200 to $300 to begin with. Planning Specialist Loper pointed out the drawing of the home, noted that the space to be used is far less than 30%, and asked Mrs. Fraser to further describe the portions of the home that are to be used, answer, the china cabinet and sometimes, some extras in a bookcase for storage. Councilman Smalley asked if there would be other Christian materials such as books or cards, answer no, perhaps some audio tapes later geared for churches. Councilman Smalley asked about advertising. Mrs. Fraser answered that it would be handouts and bulletin boards at churches, etc. No advertising through radio or newspaper. Councilman Smalley: I meant like signs, answer in the churches. Vice Chair Bryson: Are you anticipating any modifications to your parking arrangements. Right now you have a one lane driveway. Mrs. Fraser answered that there is actually a loop from Second Street to the paved street. Commissioner Graveley asked if she would be placing signs out along roadways, answer only on her sliding glass door. Commissioner McComsey: Is this a use that is allowed by the code. Planning Specialist Loper: It is not addressed at all, however, because of the unique character and it is not anticipated that a great amount of traffic would be generated, I brought it to you for your decision. Also, being in the location it is, it certainly wouldn't be noticed by anyone. Vice Chair Bryson: I would imagine they're the only people that use the street in the area. MOTION: Commissioner McComsey moved for approval of the described home occupation, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote Kenai Planning & Zoning Commission December 13, 1989 Page 3 4. PUBLIC HEARINGS a. Resolution 89-17: Assume Powers of Amending Land Use Plan Planning Specialist Loper explained that this had been discussed earlier with Mrs. Spearow and Mr. Traeger from the Borough and also without public hearing at the last meeting. This would save the taxpayer one additional step in the rezoning process, our cost in advertising one additional time since we pay for the Borough advertising as well, plus it would not cost the City any additional money to speak of. Right now our zoning map is updated one a year, if that, and it is worked in with work done by the Public Works Department at a very minimal cost. Addition amendments to the Land Use Plan map would not cost any more. Further, the Borough is working on getting Kenai maps into the new computer system so they may be doing our maps anyway in the future. Vice Chair Bryson called for comments from the public, there were none. MOTION: Commissioner McComsey moved approval of Resolution PZ89-17, seconded by Commissioner Bannock VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of November 8, 1989 The minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a Proposed Beaver Loop Boat Launch Ramp and Parking Facility MOTION: Commissioner Bannock moved that we approve and recommend the proposed Beaver Loop Launch and Boat Ramp with both ramps and option #2, seconded by Commissioner Graveley. Commissioner Glick: I picked option #2 because I think it would be cleaner to keep the parking away from the launch area. I've been around these areas where they launch boats and there's always the guy that's coming out and trying to put his trailer in and one waiting to launch, and I liked it being separated this way. The aesthetics are better. Also, I think it would be good to go with both launches at the same time. I think we're going to find enough business right off the bat, as soon as it opens to have both launches in operation. Commissioner Graveley agreed. Vice Chair Bryson: Not being that familiar with the terrain, it appears that option #2 would have less impact on the wetlands which obviously are going to be a problem especially if the Corps holds to "no net change" in Kenai Planning & Zoning Commission December 13, 1989 Page 4 wetlands requirements. Commissioner McComsey: I like option #1. I hear what you're saying though and I think both options should be presented to the Corps. I do think both ramps should be included in the proposal. Councilman Smalley informed the Commission that both options will be presented to the Corps. Commissioner McComsey: I would think that in a year or two they're going to have to ask for the other option anyway, I think they're going to be that busy and that's the reason I'd go for #1, because I think they're going to have to add #2 within a year's time anyway. Especially if the Foster Brothers build that trailer park this year, this won't be half big enough for just what they're going to bring in. Either option that we pick I think we should recommend putting in both boat ramps. Vice Chair Bryson: The parking between the two options appears to be equivalent. Commissioner McComsey: With option #1, if you do need more parking you can do option #2 without any bother. If you do option #2 first, and you have to build again, then you're going to be in the boat launch area working while they're trying to launch their boats. Commissioner Glick: You'd be working off the right hand side there if you were expanding it. I think as far as getting the permit, its going to be hard to go in with both options and say which are you going to allow us a permit for. The Corps is going to say which one. Commissioner McComsey: The ground down there though is about the same height, and all green swampy grass except for the ditch. Commissioner Bannock: I like option #1, I do believe we need two boat launches. The reason I like number one for the parking part of it is for the simple lazy aspect is that with option #2 you've got to walk farther. If I were to present something to the Corps, I would incorporate both of them showing option #2 as an as -needed thing as we outgrow 74 cars in option #1. When you park at an airport in long term or overflow parking it is farthest away. Let's try to make it as convenient as possible with option #1. I've been to Riverbend campground in Soldotna during the summer and they had as many cars there as they did at the mall. I don't think it would be obscene to say we could probably outgrow 74 units without a lot of trouble. Both options start with 74. Commissioner McComsey: I know just going down to the dock area now when its dipnetting season, as big as it is you can't get near it. Councilman Smalley: Its a three hour wait to get off the water. The most expensive landfill is going to be option #1. I think its going to be least expensive because its higher ground. From these figures submitted to us, I am assuming they're talking about the excavation of the gravel backfill so we're looking at option #1. The prices for option #2 were higher. Wouldn't you think so. Its much wetter. The pictures that are coming down to you are from the appraisal. Commissioner Graveley: Is it my understanding then that the permit covers the whole area. If they approve the whole area then I don't see any problem down the road, if we go with option #2 to start with, coming back in next year after the heavy season is over, finishing option #1 depending on the impact. Kenai Planning & Zoning Commission December 13, 1989 Page 5 Commissioner Bannock: I wouldn't disagree with that at all except that I would do it just the opposite pattern starting with option #1. You can work on option #1 while constructing option #2, but try as you may if you try to build option #1 after you have option #2 there is going to be equipment in the way. Commissioner McComsey: It says right here that option #1 would be the most desirable for convenience to the user and slightly lower cost. Councilman Smalley: Maybe its lower cost because of the value of the property. Vice Chair Bryson: It would appear that from the center of that parking area to where the boat ramps are themselves is about 5001, if that is to scale. Although that wouldn't bother me, not everyone would appreciate that kind of walk. Councilman Smalley: I know that it was expressed that the reason option #1 might not be available was because of the permitting and if that were not to be available then #2 is better. And I think that had part to do with it. Commissioner McComsey: Either one we need and I'm sure that 74 parking spaces are not going to be enough. And they're going to have to look for some way to enlarge it in the future. I can't see that if this river goes eventually to drift, which I kind of think it will in five years, then this is where they're going to be taking the boats out. I think the DNR is, hopefully, pushing as hard as the City so that they can continue to push for drift only on the river. Commissioner Gravely: The bottom line is we're going to support the boat launch facility and what it comes down to is which option do we want to support. Vice Chair Bryson: You might want to rephrase the motion to recommend the placement of the boat launch facility in this area and might have a preferred option to actual construction, but willing to accept either one. Commissioner Bannock: Given a choice I would go with option 1, but not to the extent it might delay construction. Vice Chair Bryson: I believe that either option has that built into it, the expansion of two boat launches. Commissioner Glick: I've been around these boat launches, whether its Homer or Seward or the river and its always crowded and jammed because the guys are always trying to park as close to the ramp as they can get and it makes a hard problem for the rest of the people trying to get in and out and if you have a specific parking area away from the launch it cleans the area up for the traffic movement. Commissioner McComsey: We need a policeman there to keep them going then. Of course these are the guys that go down to the gym to run a mile and a half but then they'll park right next to the door. Commissioner Graveley: That's my concern with option #1 because you're parking so close to the ramps. People are people, if they get this close they're going to get closer. Once you fill this lot up they're going to get closer yet and they're going to get irritated because they can't get their boat in or out of the water. Kenai Planning & Zoning Commission December 13, 1989 Page 6 Commissioner Bannock: Is this going to be a controlled situation. Councilman Smalley: It is intended to be controlled. Commissioner Glick: Does the City intend to set up a fee. Councilman Smalley: There has been much discussion on that about turning it over to a concessionaire, but it is still in the planning process. Commissioner Bannock: If I have a choice I would like option #1 but I don't want that to stand in the way of getting this project going. The Commission agreed. VOTE: Motion passed unanimously by roll call vote b. Vacation: 10' Utility Easement - Lot 2, Blk 2, Sungate Park S/D - H.U.D. Planning Specialist Loper reported that staff had no problem with this as there probably was no need for the easement. Vice Chair Bryson: At the last Borough meeting, the owner of lot 4, Al Poore, indicated he had no problem with it is as long as there was no encroachment more than the 10' that the easement required on his own property, if it were vacated. Right now there is 10' on each side of the lot line. Only the portion on lot 2 is being vacated. Commissioner Bannock: We've seen an awful lot of these lately, is this because the lines get changed or people aren't paying attention when they're building, or what. Planning Specialist Loper: More than likely the latter. Vice Chair Bryson: I would suspect a lack of respect for easement lines, lack of requirement for surveying prior to construction of the foundation. Commissioner Bannock: But aren't those things supposed to be in order to get a building permit. Vice Chair Bryson: No, there's no requirement for lot corners for a building permit. Planning Specialist Loper: Howard does not go out and step off the property when he inspects. Vice Chair Bryson: Those building permits are quite often issued prior to clearing so he wouldn't be able to tell any more than you would where the property line is. Planning Specialist Loper: It really is the responsibility of the surveyor or contractor or whoever is doing the construction. Commissioner McComsey: Then we shouldn't approve these. Then they would start looking before they build. Vice Chair Bryson: We proposed that once from the Commission level and Council wasn't prepared to force the contractors to have corners actually staked because of the actual expense to the property owner. Planning Specialist Loper: That is where our encroachment permit came from. Commissioner Bannock: But there are so many of them. Vice Chair Bryson: In reality its not, because in reality the work has to be done either before or at the time of the as -built or in the case of some encroachment some penalty assessed for the processing of the encroachment which the Council decided not to do. Planning Specialist Loper: The Commission had discussed $500 to begin with. Councilman Smalley: It went all the way down to $100 didn't it. Planning Kenai Planning & Zoning Commission December 13, 1989 Page 7 Specialist Loper: Yes, and that just covers the cost of the public hearing notice and the 300' notices. Vice Chair Bryson: And the intent of that was just to get the darned thing surveyed. Commissioner Glick: You can get it surveyed for less than 200' when you're talking about a lot in the City. Planning Specialist Loper: You will notice that the ones that have been coming to us are not from private property owners but from banks. Commissioner Glick: Right, its when you go to sell your property is when it shows up. Commissioner Glick: On the part about the 1/3 rear lot coverage, it looks like they're in violation of that too. Commissioner McComsey: The driveway doesn't even go to the garage so its probably not a garage, and its bigger than the house. Commissioner McComsey: If we take away the easement from this one we should take it away from lot 4 too. Commissioner Glick: And one and three. Vice Chair Bryson: It would appear, just from the dating of sketch here, 1986, that the survey declared that no encroachment exists except as indicated and it shows the encroachment so whomever the lending agency was, they were made aware of it and they didn't care. Commissioner McComsey: It doesn't look like any utilities are going down through there. Planning Specialist Loper: It doesn't say anything. We got the Borough minutes on the Thompson Park vacation but not on this one. Vice Chair Bryson: The intent of these easements are for minor, shallower utilities. Commissioner Bannock: I think it is rather careless, you've got a problem, okay, we'll stroke it off. Commissioner Glick: I don't have a problem with vacating easements if they're not needed, but when they come back after they've built something on it that bothers me. Councilman Smalley: I know that there is a note that if there were utilities to come in to lot 4 they could come off Tern, if he were to divide his property, he wouldn't have access to one of his lots. Depending upon how it is subdivided. Just because one of the lenders wants to unload one of its repos, its not fair to the adjacent land owners. Commissioner Bannock: That's exactly what this is. Vice Chair Bryson: The side setback for those lots is 5' and I'm thinking about the impact of that garage on lot 4. Commissioner McComsey: I feel they should come in and get an encroachment permit. MOTION: Commissioner McComsey moved to require the owners of lot 2, Blk 2, Sungate S/D apply for an encroachment permit, seconded by Commissioner Glick. VOTE: Motion passed Commissioner Graveley - yes Vice Chair Bryson - no Commissioner Bannock - no Commissioner Glick - yes Commissioner McComsey - yes Kenai Planning & Zoning Commission December 13, 1989 Page 8 c. Vacation: 10' Utility Easement - Lot 12, Blk 2, Thompson Park S/D A.H.F.C. Planning Specialist Loper indicated the addition of the Borough minutes on this item. MOTION: Commissioner McComsey moved to recommend approval of the vacation of the 10' utility easement for Thompson Park, seconded by Commissioner Glick VOTE: Motion failed unanimously by roll call vote d. Corps of Engineers Application: Sec. 15, T6N, R11W, S.M. - F.A.A. Fill Material for Facility Pad Commissioner McComsey stated that this should be done and supports it. MOTION: Commissioner McComsey moved to state that the Commission makes a statement of non -objection to the project, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported on the November 21st meeting including the Dairy Queen situation and the RIP program. On the December 6th meeting, the Maguire rezoning which passed, and discussed the Comprehensive Plan in regard to the Spur Highway corridor. The Council discussed the sign portion of the new recreation zone at length and concluded by returning the issue to the Commission. The Commission discussed the sign issue and decided to hold any action on it until spring. b. Borough Planning Vice Chair Bryson reported on the Borough Planning Commission activities. C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None Kenai Planning & Zoning Commission December 13, 1989 Page 9 11. INFORMATION ITEMS a. City Council Agenda - November 21 & December 6, 1989 b. Borough Planning Agenda - November 20 & December 4, 1989 C. Resource Review d. DCRA Southcentral Reporter e. *Portions of minutes from City Council meetings, November 21 & December 6, 1989 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 P.M. Janet A. Loper Secretary to the Commission unwd;4sd AGENDA KENA= C 2 TY COIINC = L — REGULAR MEET = NG Novaern3=o4s3r 21 , 3 SOSS ' A _ CALL TO ORDER 1. Pledge of Allegiance ,.2. ' , ,i Roll Call 3. Agenda Approval Y;.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. B _ SCHEDULED PURL=C COMMENT (10 Minutes) . 1. Gerry Sparks, Beautification Committee: Request for Banners C _ PU BL = C HEAR = NG S 1. Resolution 89-75: Adoption of 1990-91 Capital Improvement Projects Priority List 2. Resolution 89-76: Electing to Participate in RIP Program 3. Resolution 89-77: Transfer $4,100 in Airport Terminal Fund for General Repairs 4. Resolution 89-78: Transfer $5,000 in 1989-90 General Fund for Heater Repair in Public Safety Building D_ COMM = S S S ON / COMM S T TE E REPORT S 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission S. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E _ MINUTE S 1. *Regular Meeting, November 1, 1989 1 F . CORRESPONDENCE G_ H_ 1. *Letter from Senator Zawacki Regarding Congregate Housing 2. *Letter from Senator Pat Pourchot Regarding Congregate Housing 3. - *Letter From Governor Cowper - Education Fund OLD BUS 31NE S S NEW BUS = NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D - from Suburban Residential (RS) to General Commercial (CG) 4. *Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation Zone" (R) 5. *Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for Purchase of Land for Boat Launch 6. Discussion: Treat Lease - Steel Shell/Sublease 7. Discussion: Approval of Former Dairy Queen Facility Lease to Peter & Valerie Ischi 8. Change Order: Airport Bar & Restaurant Equipment _ _ ADM S N = S T RAT = ON REPORT S I 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager a_ D 2 S CU S S= O N 1. Citizens 2. Council K . ADJOURNMENT KE NA = C = TY COUNC = L — REGULAR MEET = NG Nc�vembeStr 2 1. , 1 Ca as A _ CALL TO O RDE R 1. Pledge of Allegiance r 2. Roll Call Present: Williams, Measles, Monfor, O'Reilly, Smalley, Swarner, Walker 3. Agenda Approval a. Item C-2: Additional material b. Item H-2: Additional material C. Item H-3: Additional material and Attorney Rogers requested to strike all references to previous considerations to the Ordinance. d. Item H-7: Additional material from Dale Dolifka e. Item I-3: Additional material from City Attorney Re: Church Lease f. Item H-9: Additional material from Dale Dolifka Re: airport bar g. All other additional material is for information MOTION: Councilman Smalley moved for approval of the agenda as amended, seconded by Councilwoman Monfor VOTE: Motion passed with Unanimous Consent 4. Consent Agenda a. Councilwoman Swarner asked to remove Item E-1, Minutes from the Consent Agenda. MOTION: Councilman Walker moved to approve the Consent Agenda with the removal of Item E-1, seconded by Councilman Smalley VOTE: Motion passed with Unanimous Consent B _ SCHEDULED PUBLIC COMMENT (10 Minutes) a. Gerry Sparks, Beautification Committee: Request for Banners Mrs. Gerry Sparks is a member of the Beautification Committee and is presenting a request for banners for the City from the Committee. Realizing that this would be best brought up at a time when Council is KENAI CITY COUNCIL November 21, 1989 Page 2 considering the budget, certain things happen which necessitate bringing things to you later on. Mrs. Sparks: In the past we've had banners up and down the highway only on one side or on every other street light. With the bicentennial coming up it would be nice to have more of a festive look to the City and one that would be permanent and would attract more tourists. The banner committee considered several companies and styles. The first step was to look at the streets themselves and for Willow Street decided to go with the American Decorating Company. These are triangle shaped banners, two banners per pole, or 34 banners for 17 poles at $65 for double banners it totals $1,105. For the Spur Highway, we decided on the Kalamazoo Banner Works. There are 56 poles from Airport Way to Forest Drive, double banners at $43 per banner, or $4,816. On Airport Way, since it is short, single banners for 12 poles. Again American Decorating Company and totals $780. The total request is for 158 banners for 85 poles at a total cost of approximately $7,000, including all hardware. All banners are shorter than banners in the past. The designs are more simple and instead of having different designs on every banner, the same design will be on each banner, but a different design for each street. The existing banners would be ideal for Old Towne to draw attention to historical sites. We were hoping you might consider erecting historical markers for that area. Perhaps the Bicentennial Bureau may be tackling that problem later on, however, you might be considering it. For the Airport Triangle: Most tourists enter Kenai through the airport year round. We suggest that at the point of the triangle, there would be three flag poles, one the U.S. flag, the State flag, and one for Kenai. The three flag poles close together and of different heights. This is the City of Kenai and we're very proud of it. We've had very favorable remarks on our looks and I've heard myself from folks as far away as Phoenix Arizona. We hope that this would not just be for the bicentennial but for all time. I hope that you will consider the purchase of these banners. Councilwoman Swarner: If these are going to be smaller, does that mean the maintenance costs of putting them up will be less? Answer no. Mrs. Sparks passed around some designs from the various companies. Councilwoman O'Reilly: Do you have any estimate on the cost of installing? Answer no. How many banners do we have now? PW Director Kornelis: Approximately 26. Mayor Williams: Can you guess at a cost of installation? PW Director Kornelis: The 26 cost $1,000 to put up. As far as installing, it would cost considerably more. Mayor Williams: Roughly estimating, it would cost 3 times the cost of putting them up. Councilwoman Monfor: I thinks it great. I don't know if Sally has KENAI CITY COUNCIL November 21, 1989 Page 3 discussed it with you, but I know the Bicentennial was thinking of having a particular theme banner for maybe Airport Way. Mrs. Sally Bailie: Basically, what we had talked about was a number of generic banners with no definite design, interspersed with very definite bicentennial banners using some of the designs submitted during the contest. While I was with Council I had mentioned looking at the possibility of purchasing a used boom truck. I have seen them in Anchorage often, and I don't know the cost, it could be prohibitive, but since it is very expensive to put them up and take them down it may pay for itself and be used in other areas of the City. It might be worth your while. Mayor Williams asked if this had been pursued. PW Director Kornelis: I located one that was $26,000. We've been looking into it. There are a couple of companies that deal strictly with them. Councilwoman O'Reilly: Is there a possibility of renting a piece of equipment like that. PW Director Kornelis: Not a good possibility here but a good possibility in Washington and Oregon. Mayor Williams: I would like to direct the Parks & Recreation Commission to include this as a part of their annual upcoming budget and also ask the Public Works Director continue to investigate the cost of a boom truck. Councilwoman Monfor: What is the turn -around time for ordering once it is approved. Mrs. Sparks: The last batch was a matter of 3 months. Director McGillivray: I think if its a specialty item it takes longer. Councilwoman Monfor: One of the plans for the bicentennial committee was if we were going to try to do banners we would have them ready by the summer of 1990. For those coming in 1990, it would be a draw for the coming year. To go from the 1990-91 budget, they wouldn't be up until summer or the spring of 1991 and we're already into the celebration. Food for thought. Mayor Williams: Let's give it a little time here and see what happens. It was determined that the deadline date for the budget to be in is approximately February 20th. Mayor Williams asked that the group find out how soon the banners could be made and delivered. A report will be forthcoming. Councilwoman Monfor: Shouldn't we direct the Public Works Director to start looking into the flag poles because it took so long to get the others. Mrs. Sparks: We did look into flags and poles through the American Decorating Company and that came to $3,700. This item to return at the meeting of January 17th. NOTE: Mrs. Treat in attendance. Mayor Williams asked to move item H-6 to this position in the agenda. KENAI CITY COUNCIL November 21, 1989 Page 4 H-6 Discussion: Treat Lease - Steel Shell/Sublease Attorney Rogers: What it boils down to at this point is that the steel uprights still exist on the premises. I believe that Mrs. Treat will be asking that they be allowed to remain for one purpose or another. We have done no engineering studies of those and the last instructions that I recall from Council was to proceed as per the representation that they would clear the premises and that would include the steel girder uprights. If Council has other direction we need to know. Insofar as any reasons for leaving them, I prefer Mrs. Treat address the Council. Joyce Treat: We were going to take the steel structure down, we've had Foster Construction go in and remove all the burn so its clean, all that's there is the steel structure. We have an interest in a sublease and the person who is wanting to sublease for a year and would like it to stay there. We've had several different builders look at it. The beams are in good shape, I don't know if they're specialists or not but it seems pretty safe. At the time I wrote the letter we did have someone to remove but when we were approached about a sublease we decided to leave it. Councilwoman O'Reilly: Could you tell us, if you can, what the purpose of the potential lessee is? Answer Scott Carver of Peninsula Sanitation. Councilwoman O'Reilly: I would question the location for a facility like that, it's right in the middle of town. Especially when we're working on the one hand to beautify. I think the location is a poor one. While we certainly would like his facility some place close by I question this location. Joyce Treat: I don't know what his intentions are, I know he's working on some project. I could get you more information on that. I know that he really wants the building there. City Attorney Rogers: The assignment of the lease, at this point, is rather the propriety of leaving the uprights there. I, personally have no information to believe other than its a derelict building and I have no representations by anyone in authority or training or expertise to say that those uprights are, in fact, stable and could be reused and that the heat treating process of the fire was such that it did not take the temper out of them and render them useless. I would be very surprised to see an engineer's report of those not having been warped by the fire as they were. But that really is the matter in front of the Council now, not the matter of the assignment. Councilman Smalley: If it is potentially, a derelict building would the City have any liability by allowing the beams to remain. City Attorney Rogers: The rule of law is no, generally we would not suffer liability. There is always the exposure. If there is litigation as a result of injury we would be joined and would then have the defense expense of prevailing. Mayor Williams: There are actually two issues: whether or not the Council wants any building on that site as there is a question whether or not the FAA would approve the construction of another building, and if we allowed KENAI CITY COUNCIL November 21, 1989 Page 5 the building to remain in place, whether the type of business that is going in there would have the Council approval within the sublease. That would, in part, cause the person to take a close look at Council's discussion. City Attorney Rogers: I would respectfully differ with the Mayor as to what is in front of the Council at this time. Basically, we have the contractual arrangement, representations by the Treats that they were going to take the steel structures down. They now don't want to do that and are asking Council for permission for them to remain which is different from any assignment or subletting to anyone else. I may or may not affect the ability for another to build a structure on there. Joyce Treat: We haven't had a reason up to now, but if you want, we could have an engineer look at it. City Attorney Rogers: I don't want to. I have no opinion one way or the other. If that is something the Council wants prior to making their decision that is their prerogative. Mayor Williams: If I could suggest to Council that if we want to take a slower approach to this perhaps we could extend the time for the removal of the building completion to the first of May. Or Council could stand by their previous wishes. City Attorney Rogers: In talking to the City Manager, one other aspect that I forgot to mention is that in any subsequent building going up or assignment the FAA is going to insist on a 90 day cancellation clause. Whether or not that would be applicable in Treats' sublease I don't know. That really isn't before you at this point. Councilwoman Monfor: I have been pretty vocal about that particular building, the Harborview, and the Kenai Korners. They need to be dealt with and I don't feel any differently now. Councilman Walker: In reading this agenda, I read that its for discussion only. I seem to feel prodded for action on this and I don't see where we need to take action on this at this point in time. City Attorney Rogers: If no action is taken I will proceed with the previous directive from Council and insist that it be torn down. Councilwoman O'Reilly: I would concur, to stay with the original intent. Councilman Smalley: I agree, to stay with the existing situation. Councilman Walker: According to their airport lands planning, should there in fact be a building in that area. City Manager Brighton: That is the reason the FAA is going to insist on a 90 day cancellation clause. So that anytime that land is needed, they can say the lease is going to be cancelled. Mayor Williams: It appears to be the consensus of Council that no action be taken on this matter and that the previous action is to stand regarding the removal of the building. Joyce Treat: I don't know what all is involved in tearing down steel structures, but that time is November 30th which is only 8 days. Would you consider a little more time. KENAI CITY COUNCIL November 21, 1989 Page 6 Councilman Smalley: Do you have any idea of what it would take to remove a building like that, would January 1 be an appropriate date? PW Director Kornelis: I would say it would be. I'm just guessing but I think so. Joyce Treat: From what I can gather, they have to have a welder cut it apart so he'll need a boom truck since the beams are 40' high. Mayor Williams: There are monies available through various insurance companies to cover this I believe. Joyce Treat: It cost us $3,000 to get what we've done so far. I'm not sure what the guy will charge us. MOTION: Councilman Smalley moved that we extend the date of the removal of the building at Lot 4, Block 3, Gusty S/D #4, Treat Cabinet to December 31, 1989, seconded by Councilwoman O'Reilly VOTE: Mayor Williams - yes Councilman Measles - yes Councilwoman Monfor - yes Councilwoman O'Reilly - yes Councilman Smalley - yes Councilwoman Swarner - yes Councilman Walker - no C_ P U B L I C H EAR I NG S 1. Resolution 89-75: Adoption of 1990-91 Capital Improvement Projects PrioritUist MOTION: Councilwoman Monfor moved to adopt Resolution 89-75, seconded by Councilman Smalley VOTE: Mayor Williams called for comments from the public, there were none. Motion passed with Unanimous Consent 2. Resolution 89-76: Electing to Participate in RIP Program MOTION: Councilwoman Monfor moved to adopt Resolution 89-76, seconded by Councilwoman O'Reilly Mayor Williams called for comments from the public, there were none. MOTION AMENDMENT: Councilman Smalley moved to amend the motion to include Janet Ruotsala in the list as those eligible based on the criteria, seconded by Councilwoman Monfor KENAI CITY COUNCIL November 21, 1989 Page 7 Councilwoman Swarner: This savings of $11,000, was there a minimum on that that the state said we have to pay before we could participate. Answer no. So even if it's $5 that's a savings. Answer yes. Mayor Williams asked if Administration had been approached by people wishing to retire or is that a criteria. There was no reply. Councilman Walker: We have a net savings over a 3 year period of $11,147 listed on this, plus perhaps the addition of our City Clerk should she decide to accept this. In the monies that we would have to pay out to PERS within the next three years, how much would that cost us in lost interest. Finance Director Brown: I don't have that, however, in your attachment where it lists the six employees, there is a column that has an estimated lost interest which is negative interest for the three year period or what we paid PERS which is the $86,000. The positive interest is blended together to get the negative $6,828. Mayor Williams: I might point out to Council that there might very well be some lead and lag time between the time people decide to retire and another person is actually hired to replace that person. For every period of time that there is such a lag it is an additional savings to the City. In all probability, if all six of the designated employees chose to retire, that savings to the City would be in excess of $11,000. I believe that was a base figure. Finance Director Brown agreed he had not considered a gap or overlap. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Mayor Williams - yes Councilman Measles - no Councilwoman Monfor - yes Councilwoman O'Reilly - yes Councilman Smalley - yes Councilwoman Swarner - yes Councilman Walker - yes Finance Director Brown: Can I assume that the exactly language, to amend Section 3 of the Resolution and amend Section 4 was meant in the amendment as stated in my memo. Council agreed. Ray Rogers: I was wanting to know if one of those people on that list are allowed to participate in that program. Mayor Williams answered yes. Mr. Rogers asked about Clyde Johnson who is older and has worked for the City longer than he. Mayor Williams answered that his name was not on the list. Mr. Rogers: He has the attitude that he will also be able to do it. Mayor Williams: Mr. Johnson shows a value of $3,492 and is therefore ineligible. Each of the six person that was included within the retirement show a positive value of up to $6,931, however the criteria was established based on a positive value to the City. Mr. Johnson's indicates a negative value. KENAI CITY COUNCIL November 21, 1989 Page 8 3. Resolution 89-77: Transfer $4,100 in Airport Terminal Fund for General Repairs MOTION: Councilwoman O'Reilly moved to adopt Resolution 89-77, seconded by Councilman Smalley VOTE: Mayor Williams called for comments from the public, there were none. Motion passed with Unanimous Consent 4. Resolution 89-78: Transfer $5,000 in 1989-90 General Fund for Heater Repair in Public Safety Building MOTION: Councilwoman Monfor moved for adoption of Resolution 89-78, seconded by Councilwoman Swarner 1V4114MA Mayor Williams called for comments from the public, there were none. Councilwoman Swarner: The library has a problem with the addition too. The activity room is rather cold. If this works there, perhaps something could be done at the library too. PW Director Kornelis: I think their system works a little differently than public safety's though, but I will check. Motion passed with Unanimous Consent COUNCIL RECESSED D _ COMM = S S = ON / COMM = T TE E REPORT S 1. Council on Agin a. Director Porter: The meeting with Ashley Reed went very well. He gave us several great pointers on Congregate Housing projects and he was very positive. b. The Seniors have invited the City employees to a thank you breakfast on December 5th at 7:00 A.M. They do an awful lot for us with no complaints. C. We have received a grant from the Borough for $14,000. These are funds Senator Fischer obtained for Seniors on the Peninsula. We will be using it for repairs to the Center. 2. Airport Commission a. Councilman Measles reported that the Commission set the date for December 15th and submitted a memo to Council with an estimate of costs. The date has been changed, however and it will be sometime in January. KENAI CITY COUNCIL November 21, 1989 Page 9 The display and the bar and restaurant are not going to be ready by the December date. b. Mayor Williams noted that this was part of the promotional budget that we passed earlier and was approximately $15,000. Councilwoman Monfor: If the Council won't spend $200 on chairs I'm not voting for $4,000 for an open house. MOTION: Councilman Measles moved that Council approve a not to exceed figure of $4,000 for the dedication ceremony of the airport terminal, seconded by Councilman Walker Councilman Walker: Looking at the prices on here, I think perhaps they may be overstating the amounts a little, may I ask, since I was not at the previous party that was thrown, how many people are we looking at showing up. Mayor Williams: That's hard to say because the last one was held in conjunction with July 4th. However, generally speaking, when the City throws a party it's pretty well attended. We throw two parties a year and sometimes three. I am anticipating it would exceed 150 to 200 people. We threw one party that nearly filled the high school auditorium. Councilwoman Swarner: There's no way I could support this budget. Is there a possiblity that the budget committee can come back with a revised budget. Mayor Williams: Where would you like to see the budget cut. Councilwoman Swarner: Everywhere. Where are we advertising? Mayor Williams: In the first one it was statewide advertising, is this figure the same, that is for statewide advertising? Manager Ernst: I'm not sure. I would assume it would go to people who commute to Anchorage, Homer, and Kodiak. Mayor Williams explained that the intent of the open house is to get the travelling public, including those involved in travel such as hotels, guide services, etc. familiar with the new facility and encourage tourism. Councilwoman O'Reilly: I am in favor of this party, but I think if we're going to attract the people we're talking about, January or December for that matter is going to play against us. Would it be at all feasible to wait until April or May until the bar and/or restaurant would be open and the weather would be pleasant and we would be more likely to get those travel agents. Mayor Williams answered that he felt it was the intention of the Commisison to hold it when the bar and restaurant were open. Councilman Measles agreed, stating that at least the bar should be open and with the restaurant may not be open until April, it would be difficult. I think they were operating under the assumption that the Council, when they were directed to plan this open house, it would be done as soon as possible after the expansion. My feeling is that it wouldn't make any difference to the Commission to put it off. Manager Ernst: There is a possiblity too, that even though the restaurant wouldn't be officially open, it could possibly do some catering out of there, but I don't know what ramifications there could be. Mayor Williams V KENAI CITY COUNCIL November 21, 1989 Page 10 VOTE: asked to be corrected, but since Council had already approved the money for the purchases, there wouldn't be a need to reiterate the action. Councilman Measles: I think the $15,000 covered more than just what they are doing here. Councilman Smalley: I don't have any problem with us setting a figure from those funds that have been set aside, but again, I agree that if we're going to look at a promotional opportunity for tourism, I think it would be better later in the year. Mayor William: Not necessarily. Remember that the people that we're attracting here, are not tourists. The people we're asking are those that are going to get the tourists to come. I am thinking about the people from RDC and all the tour operators, ticket agents, etc. Councilman Smalley: Then I would agree with Randy, that I would rather they came down to an open house rather than a closed house with regard to restaurant and so on. Mayor Williams: Okay, set a date that would be better suited, a time when the restaurant would at least be usable. Councilwoman O'Reilly: St. Patrick's Day, they could use a theme for decorating. Council agreed. Motion passes Mayor Williams - yes Councilman Measles - yes Councilwoman Monfor - no Councilwoman O'Reilly - yes Councilman Smalley - yes Councilwoman Swarner - no Councilman Walker - yes 3. Economic Development Commission a. No meeting. b. The RDC annual conference will be held November 29 - 30 and Councilwoman Swarner is going to attend and will report back at the next meeting. 4. Harbor Commission a. Councilman Walker reported that the Commission met the previous evening and a) approved an appeal for denial of a Corps Permit for Gracie Kendall for mooring buoys, b) reviewed the Five Year Plan, 3) approved Option #1 of the Beaver Loop boat launch, and 4) requested retention of the dock grid at the dock facility at least until further land can be acquired and before that is removed, return to the Commission. The Commission further 5) approved an application for a mooring buoy and, 6) heard a report from the Harbormasters Convention in Seward. It will be held next year in Skagway and in 1991 in Kenai. Finally, they reviewed an article written by Doug Coughenhower addressing boat harbors and viewing areas. They did mention that there was insufficient time to prepare minutes for this meeting. KENAI CITY COUNCIL November 21, 1989 Page 11 5. Library Commission a. No meeting and no December meeting. b. December 14th is the annual Library Open House 6. Parks & Recreation Commission The minutes of the last meeting are in the packet. They will meet tomorrow evening. 7. Planning & Zoning Commission Councilman Smalley: Minutes are in the packet, I did not attend the meeting due to the Council work session. You will notice there was still some difficulty with the sign portion of the Recreation zone. Mayor Williams: I realize that we do have the introduction of Ordinance 1343-89, but I want Council to review the minutes of the meeting specifically, that portion relating to the signs. There seems to be considerable amount of confusion relating to signage. If I read the motion correctly is what they're asking for is lighting with regarding to placed external to the sign. This seems to be an antique way of doing things. They refer to internally lighted signs and they seem to have a problem delineating between blinking neon and internally lighted. I think of Malstons sign as internally illuminated and the kind that would be on hotels. Councilman Smalley: Part of the problem they were having on this discussion was in regard to the size of the sign. Again, I wasn't at the meeting, but these same things came up at the last meeting I attended. The fact that this is a recreational zone that basically is in a residential zone so there is a wish to maintain the integrity of residential housing. The concern expressed was, do you in your, whatever you paid for your house, want to be sitting across from a sign advertising someone's recreational laundromat. I know they started off the mark and maybe it would be nice to have some expertise, maybe Howard there to talk to them. Mayor Williams: I find the problem in it in that they need to address that and establish a recreational zoning area. If they're going to be establishing recreational areas in highly residential areas that needs to be addressed. I'm more concerned that in rural areas where recreation areas are going to be anticipated such as the boat launch area, if a world class hotel were to develop here, and they were disallowed the convenience of properly designed signage I think it would be a disservice. Councilman Smalley: A facility such as that wouldn't have the lights on anyway. Mayor Williams: We're talking about lodges that would be used from April through November. I think that whole issue needs to be addressed and Council needs to be thinking about it. KENAI CITY COUNCIL November 21, 1989 Page 12 8. Misc. Commissions/Committees None E _ M 2 NU TE S 1. Regular Meeting, November 1, 1989 Councilwoman Swarner: After checking with my English handbook and English teachers, I think that the numbers that are in the minutes, they need to be, they began a sentence, there are several in the minutes and they need to be filled out. Such as, on page 5 25% needs to be filled out to twenty- five percent. Also on page 5, there is a sentence missing and further down there is a sentence that is lacking something. On page 11, ex but I think it meant example. Councilwoman O'Reilly stated it meant "aside from". MOTION: Councilman Smalley moved to approve the minutes of November 1, 1989, as amended, seconded by Councilwoman Swarner VOTE: UC City Clerk Ruotsala: We went through this a few years ago and what the Council, at that time suggested, is if there are mechanical errors rather than actually errors in the minutes themselves, that they could be corrected in-house by a phone call and not take the time away from the Council. If Council is still in agreement with that suggestion we can continue that procedure. Council agreed. F _ CO RRE S PONDIF— NCE 1. *Letter from Senator Zawacki Regarding Congregate Housing Consent Agenda Item 2. *Letter from Senator Pat Pourchot Regarding Congregate Housing Consent Agenda Item 3. *Letter from Governor Cowper - Education Fund Consent Agenda Item G _ OLD BUS = NE S S Iz�T KENAI CITY COUNCIL November 21, 1989 Page 13 H _ NEW BUS = NE S S 1. Bills to be Paid Bills to be Ratified MOTION: Councilwoman O'Reilly moved to pay the bills over $1,000, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor moved to approve the requisitions over $1,000 and add $8,800 for repair to the snowblower, seconded by Councilwoman Swarner PW Director Kornelis: I called Dean's Printing on the printing of the CIP brochures and it came to $1,098. Since it is over $1,000 we need a motion. Mayor Williams asked Councilwoman Monfor to restate her motion. MOTION RESTATED: Councilwoman Monfor moved that we also pay Dean's Printing $1,098 to Dean's Printing for the CIP brochures, seconded by Councilwoman Swarner VOTE: Motion passed by Unanimous Consent 3. *Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/d - from Suburban Residential (RS) to General Commercial (CG) Consent Agenda Item 4. *Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation ZonerR) Consent Agenda Item 5. *Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for Purchase of Land for Boat Launch Consent Agenda Item 6. Discussion: Treat Lease - Steel Shell/Sublease 7. Discussion: Approval of Former Dairy Queen Facility Lease to Peter & Val Ischi City Attorney Rogers: You have a memorandum that basically points out the changes made pursuant to the request and the proposal. Behind that you have a draft lease and you also have a letter that was passed out this evening from Dale Dolifca saying that he has reviewed the draft lease and KENAI CITY COUNCIL November 21, 1989 Page 14 they find that an acceptable form, the only hesitancy at this point is the appraisal figure which, of course, we are still couching our acquiesce to this lease on that too. However, if you find the lease document to be acceptable in its form and can approve it at this time, we need not come back to Council once we have the appraisal figure, we will merely insert them into the document and finalize it and proceed. MOTION: Councilwoman Monfor moved approval of the lease between the City and the Ischi's for the Dairy Queen, seconded by Councilman Smalley Councilman Walker: On page marked LCA-4, as I understand this paragraph where it specifically disclaims title to any facilities and fixtures, on these premises, I am very confused by this paragraph, if we're planning as per the inventory as listed back here in Exhibit B. City Attorney Rogers: That takes care of any specific UCC filings that may show up even though we've searched and found none, insofar as some of the equipment on the premises. This was in the prior documentation as well. It's interesting to note that one reason this is in there is because the attorney presently representing the Ischis discussed it with me and agreed that this should be in the documentation when we were acquiring the facility back from the prior owners. On any subsequent letting of those premises we should protect ourselves because of any possible UCC filings and also because there were several Dairy Queen's in existence under a common ownership at one time and sometimes the ice cream machine frown Homer was up here and sometimes this one was there, and serial numbers didn't match. Consequently, we just said its there, if we get title you get what we've got but nothing more. Councilman Walker: We're disclaiming title, does that also state that we're disclaiming ownership so basically anything that's in there at thing point in time when they take over if they take it out, any of the items on this list, say for instance, in a few years they gave up their lease and those items were no longer in there, at that point what recourse would the City have or chose to have. City Attorney Rogers: In another clause we have replacement for normal wear and tear provision so we will get the property back. Councilman Walker: I read the two different clauses and what confused me is that they seemed contradictory, and at one point we are claiming not to have title but at the other point we're claiming that these items are in there and we want them to be in there should the City ever take it back. City Attorney Rogers: Basically, we want it both ways. Mayor Williams: I think there's a misunderstanding here of the fact that with the UCC filing, someone may have laid claim to the equipment for monies owed, and that did happen one time. City Attorney Rogers: That was, but we hope we've taken care of that. Mayor Williams: If, in fact they come back and pull the equipment out we're not liable to replace the equipment that they take out for those liens. City Attorney Rogers: We KENAI CITY COUNCIL November 21, 1989 Page 15 maintain we do have title. But in the event we don't there's no liability to the City of anyone else with superior title comes in and takes the equipment from the place, that means that we don't have to replace it at our expense. It puts them on notice that there may be claims against the property. Councilman Smalley: Do you have any idea if the appraisal rate will go up this year. Administrative Assistant Howard: I would expect it to be about the same but we should have the appraisal within the week. Councilman Walker: I would almost suggest, after reviewing this letter from Mr. Dolifka that we do not take any action on this this evening. They're saying they won't pay any rent over $1740 and since we have no real basis of being able to decide on that we either accept their maximum of $1740 or too bad, we have to wait until April to find out. I may be reading that incorrectly but they aren't planning on taking the lease until April. City Attorney Rogers: It says April 1 or at the time of possession whichever event occurs first. It is their intent, as I understand it, to take possession prior to that date. I can certainly find out because we have an occupancy date blank on the first page of the lease and I can bring it back to Council if you're saying you want occupancy or rent prior to April 1. I thought that was the proposal that the Ischis made, that they would start paying rent on that date. If they take occupancy prior to that date, it is my intent to extract rent prior to that. Councilman Walker: The only thing I'm questioning is, unless they don't take occupancy prior to April 1, they are required by this document, but should the appraisal come in and that 6% is higher than that point in time, this agreement is null and void? We start all over again? City Attorney Rogers: There is no agreement because they won't sign it, perhaps. On the other hand, if the appraisal comes in substantially below, I'm bringing that back to Council because I've already indicated, except for the appraisal, I'm asking for approval of this document. If the appraisal figure comes in outside of the $1740 by more than a couple hundred dollars, I'll probably be polling the Council before authorizing they sign it. Mayor Williams: I think we need to give administration and Ischi both some latitude in that respect. The figure $1740 is based on supposition that could very well flow either way. If it comes in higher than $1740 we're not authorized to sign the lease because that's going to require a subsidy to airport lands and we can't appropriate the money, only Council can do that, even if it's $50 to $100 more. Mayor Williams: Even if Ischi agrees to it. City Attorney Rogers: He can agree to it but we can't. If he says I can't go higher than $1740 we have to bring it back to Council. Mayor Williams: If it comes in at $1775 he may well say that's within his budget. Mayor Williams: On page 9 of the contract, for information purposes, we are presuming this is in there in the event that he is not using it for KENAI CITY COUNCIL November 21, 1989 Page 16 VOTE: a franchised Dairy Queen operation. City Attorney Rogers: That's why it says subject to the satisfaction of International Dairy Queen. Mayor Williams: If he's in compliance with their regulations it doesn't always mean a thing. City Attorney ]wagers: That's exactly right. If he has their blessings, I assume that will be satisfactory to International Dairy Queen. Motion passed by Unanimous Consent 8. Change Order: Airport Bar & Restaurant Equipment PW Director Kornelis: On the back side of the change order is an explanation from Mr. Kluge, but basically what we have is, a contractor could have the bar and restaurant equipment completed in time with no problem whatsoever, but Mr. Schilling has requested that, instead of us putting down the vinyl and carpet in the bar and restaurant, he wanted to use his own materials which is wood flooring and his own carpet. In order for us to install the equipment, we need to have the flooring down first. Mr. Schilling is requesting this change order for that reason. We do collect liquidated damages when a contractor is failing to get the project done on time and I want to make it clear to the other contractor that we're not just giving it to him for no reason. Basically there is no cost change, it is just an additional 14 days. MOTION: Councilman Smalley moved approval of the change order for the airport bar and restaurant, seconded by Councilwoman O'Reilly VOTE: Motion passed by Unanimous Consent 9. Letter from Dale Dolifka Regarding Rent for the Month of December City Attorney Rogers: The reasons are stated here, for proposed abatement of rent, basically a request for modification of the agreement. I indicated to Dale that I would submit a letter but I was not empowered to do that sort of thing, Council will have to take a look at it. Councilman Smalley: I have a question on page 2, item 3, regarding all diligent efforts have been made by Schillings to obtain a liquor license for the airport bar, what is the problem with the liquor license that goes with the facility. City Attorney Rogers: Basically, it makes their agenda for getting in, the Board meets ten times per year, and apparently they weren't on the last agenda, and the next agenda is whenever. Councilman Smalley: There's no problem with the license itself. City Attorney Rogers: No, there should not be a problem with that license. Councilwoman O'Reilly: I have some confusion about it though. I was under the impression that the lessee was using the City's license? City Attorney Rogers: Years ago the City was named on the license in KENAI CITY COUNCIL November 21, 1989 Page 17 conjunction with the person running the premises. I changed that because any time you are on the license you're going to be named in any lawsuits. We may still be, but at least we're not on the license. By having that license does not mean that he can take that license and transfer it. It is a special license for the convenience of the travelling public, it is for those premises only, When ceases to be a lessee of the City the license is revoked and reissued. We also worked it worked it out so that the charges made by a prior holder are not, it appears, going to have to be paid by the City. I'm waiting for this license to be reissued before I make a report on that. Councilwoman O'Reilly: The last operator had the same arrangement as this. City Attorney Rogers: That's correct. What we were fighting there was some insinuation that there was some sort of hold being placed on the reissue of that license until certain suppliers were paid, that appears to not be the case now. That will now be issued irregardless of the indebtedness of the prior lessee. MOTION: Councilwoman O'Reilly moved that we abate the months rent to Mr. & Mrs. Schilling, seconded by Councilman Walker VOTE: Motion passed by Unanimous Consent 2 _ ADM=N2STFZA=F- W REPORTS 1. Mavor a. Mayor Williams discussed his trip to Juneau for the AML conference. Mayor Williams met with Governor Cowper and Rep. Swackhammer to discuss the Congregate Housing project. Governor Cowper is not "turned off" by the project, however is concerned by the funding. He indicated that he would not have a capital budget ready for the legislature by December 15th. The Governor voiced concern about other communities coming in next year as a result of Kenai obtaining this one, asking for a similar grant. They further discussed congregate housing as an alternative to the senior housing problems in the state. b. Mayor Williams reported on a meeting with Wells Williams who is a planner for the City of Sitka. Mr. Williams wanted to thank us for forwarding the information regarding the grant application for the freezer plant. Sitka is now applying for a similar facility. C. Mayor Williams attended the Kenai Caucus meeting prior to going to Juneau and there will be a legislative reception December 5th, from 4:15 to 5:00 P.M. then from 6:00 P.M. there will be a reception at Mykels. d. Mayor Williams reminded the Council of the work session December 4th regarding the EMT program. KENAI CITY COUNCIL November 21, 1989 Page 18 e. The ordinance pertaining to the boat launch will be on the agenda for the next meeting. PW Director Kornelis explained that there are two design completed and that they are being passed on to Planning & Zoning, Harbor, and Parks & Recreation Commission. f. Mayor Williams will be out of town from November 23rd until December 3rd. 2. City Manager None 3. Attorne a. City Attorney Rogers: You have a draft letter to the State of Alaska regarding the Church property which is the one across the street. Please excise the third sentence in the first paragraph. There is a handout which corrects that. Basically, what it boils down to is that we have requests from the State of Alaska to cooperate with them in their foreclosure, but no true binding representation that they're going to bring the lease current, rather pay it out of the proceeds of the sale. I have no assurances that the proceeds of the sale will be sufficient so I'm trying to get the money up front. We'll get some other accommodations from the State. Councilman Walker: From reading this, does the State have foreclosure rights? For instance, we didn't to assignment of lease, then they can't legally foreclose on a lien against that property, what kind of reasons did we have to allow the State to sell off these assets versus the City. If these leases are in arrears. City Attorney Rogers: It is conceivable we could foreclose. What we're entitled to are lease payments. If we weren't to get back conceivably we could end up with the property. That's a policy question this Council wants that property. For that particular building. Perhaps I'm presuming too much, but I presumed that the Council would rather have the back lease payments and what they bargained for was a lease rate on the property, have it on the tax rolls, which would not be if we took ownership of it. And to try to facilitate the rehabilitation by somebody of that building so it's occupied. That's more a policy question than a legal one. We have not explored the possibility of trying to (inaudible) the State's interest in that building. Our position has merely been to get what we felt was rightfully ours and thereby, hopefully, fulfilling the best interest of the City and get the premises back on the market and sold. If Council wants to pursue another vein ... Right now we've got this reappraisal, we've got kind of a battle with that, we passed that hurdle, we've got back lease payments, I personally think we'd be better off if we could get the bank to cough up a chunk of money to bring us current and then let them worry about the condition of that building. I've been over there peeking into it, and I don't know that I'd want it. Councilman Smalley: There are severe water problems on the back side. KENAI CITY COUNCIL November 21, 1989 Page 19 4. City Clerk None 5. Finance Director None 6. Public Works Director a. PW Director Kornelis reported that there were some concerns about the tanks that went down Forest Drive and made the mess. For those interested, there are photos of that. Councilman Smalley asked if there was anything we could do, PW Director Kornelis: I don't know how to stop the army. PR Director McGillivray: I did contact the National Guard and the Sergeant in charge over there assured me that it would not happen again. b. Councilman Walker: Have you had an opportunity to check the intersection at Spruce for potential water problems. PW Director Kornelis: I've been by there but I haven't taken a level out to actually take a look at it. It does appear that we can correct that, just from looking at it. 7. Airport Manager a. Mayor Williams noted that there have been some problems with the partition that was to go in to protect the model, has that been arranged. Manager Ernst: Yes, we're still waiting for other bidders. Also, Treat is going to rebid. .T _ D = S Cu S S = ON 1. Citizens None 2. Council a. Councilman Walker: After having been at AML this past week, I would suggest that the City continue to support the AML and I would state that I learned a lot from the Newly Elected Officials Seminar and I would support sending people in the future. b. Councilwoman Swarner: On the AML legislative committee meeting, it was mentioned that the first meeting of the Legislative Session will be the last day of January and the first day in February for meetings and lobbying. I will probably attend. Mayor Williams stated that he will be attending also. C. Councilwoman O'Reilly: Have we had any luck in finding a new member of Parks & Recreation Commission. Mayor Williams: Do we have a student member? PR Director McGillivray: The student member ..... Councilman KENAI CITY COUNCIL November 21, 1989 Page 20 Smalley: It was approved through here. Mayor Williams: And we're still short a member? PR Director McGillivray: No. The student member had not attended yet when the minutes were done. Mayor Williams: I will be there to meet her tomorrow night. d. Mayor Williams: Regarding AML, the longer I am involved in government, the more benefits I see in some of the meetings we have. This one was especially interesting, even though the weather prevented a lot of people from attending on time, we ended up having a continuous rotation of people. Probably because of the legislative meeting in Monteray California, we were blessed on their return trip with great numbers of legislators. There were more legislators attending this AML than any I've ever been to. K . ALnaQURNMENT There being no further business, the meeting was adjourned at 9:25 P.M. Janet A. Loper Deputy City Clerk Transcribed from tape. E-1b uncd ; i�441 AGENDA KE NA = C = TY COUN'C = L — REGULAR MEET = MG Dc-�c�mb�r C 1989 _A__ CALL TO O RDE R 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. B _ SCHEDULED PUBL=C COMMENT (10 Minutes) C _ PUBL = 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 Zone" (R) 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= ON / COMM = T T E 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= 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 C3 _ OLD BUS = NE S S H _ NEW BUS 2 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 Basement: Lot 2, Misty Haven S/D - H.U.D. __ ADM I N= S T FLAT = O N REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager s_ D= S Cu S S= ON 1. Citizens 2. Council K _ AD.7OU1:Z1,4MENT F KE NA = C = TY CCOU N C = L — REGULAR MEET = NG December 6, 1989 City Hall Council Chambers Mayor John J. Williams, Presiding A- CALL TO O RDE R 1. Pledge of Allegiance 2. Roll Call Present: Measles, Monfor, O'Reilly, Smalley, Swarner, Walker, Williams Absent: None 3. Agenda Approval a. Add Item C-1: Memo from Public Works Director b. Add Item C-3: Appraisal for Land for Proposed Boat Launch C. Add Item D-6: Minutes of Parks & Recreation Commission - 11/22/89 d. Add Item I-6: Memo from Howard Hackney - House on Iowa e. Add Item H-2: Purchase Order for Repair of Transformers for Christmas Decorations f. Add Info Items: 1. Monthly Budget Report 2. The Centerline 3. Letter from Senator Zawacki 4. Letter from Forget -Me -Not Senior Care 5. Sales Tax Report 6. December Library Calendar 7. City of Kenai, Federal and State Single Audit Reports - 6/30/89 MOTION: Councilman Smalley moved approval of the agenda as amended, seconded by Councilman Measles VOTE: Motion passed by Unanimous Consent 4. Consent Agenda MOTION: Councilman Walker moved to approve the Consent Agenda, seconded by Councilman Smalley VOTE: Motion passed by Unanimous Consent B _ SCHEDULED PUBL=C COMMENT (10 Minutes) None KENAI CITY COUNCIL December 6, 1989 Page 2 C_ P U E3L= C HEAR = NG S 1. Ordinance 1333-89: Amend Kenai Zoning Map - Maguire S/D - from Suburban Residential (RS) to General Commercial (CG) MOTION: Councilman Measles moved to adopt Ordinance 1333-89, seconded by Councilman Walker Mayor Williams called for comments from the public, there were none. Councilman Smalley: I am going to vote against this because I feel it is spot zoning, and it was pointed out at the Planning Commission meeting and Director Kornelis' letter of the potential traffic hazard in that area due to the access situation. Those are the two primary reasons. Councilman Walker: In addressing this issue, I don't feel it is spot zoning. The property adjacent to this is already commercial and has been for some time. It has been stated that it might create problems with the school, there was commercial property there prior to the advent of building that school. There's a church across the street and up and down the road you will find several areas that have this kind of property. One of my biggest concerns is, upon reading the memo this evening, and I do agree with traffic problems. I don't have a big problem with having Macguire's turning from Swires Road. The problem I do have is that if we don't begin, in some point in time, to allow some kind of commercial development along the highway, eventually we're going to have houses with small children built right up to the highway, then we're going to be into a situation with small children playing on the highway ROW and so on. I think probably, the greater damage could be done by building residential right up to the highway. One other point is if we continue to turn down requests for zoning changes adjacent to commercial property, we're going to stay the same way we've been for a number of years. That might be a mistake too, we need to develop some of these commercial properties, we need to allow more commercial property, other than just in the center of town. I'm in favor of this type of plan, a small business man coming forward, wanting to do something with a piece of property and perhaps we can address that and allow him to do it. Councilwoman O'Reilly: I, too am going to vote against this, for the reasons we already discussed, I think it's strip or spot zoning. I don't think it's in the interest of the City, there are a lot of children that walk back and forth to school there and I think there's a better way of handling this. I think if Planning & Zoning were to come out with a new comprehensive plan, that's one thing. This particular business, I certainly wouldn't have any problem, but who knows what's going to happen a few years down the line. Councilwoman Swarner: I agree with Councilwoman O'Reilly's comments in that I believe it is spot zoning also. I wouldn't have a problem in KENAI CITY COUNCIL December 6, 1989 Page 3 looking at this property and other properties along here when Planning & Zoning comes back with a comprehensive plan which they are doing. This is one of the areas that they should strongly look at. Councilman Smalley: This has been an area of concern all up and down the Spur Highway, and to a degree, I agree with Councilman Walker. I think, when there are changes in the road, bettering conditions there, and when it's been dealt with as to overall zoning, perhaps than, but at this point in time, no. Councilman Walker: I really feel that if we continue to turn this type of thing down, we won't really need, in the future, improved roads more than what we have right now because we won't have a lot of growth. If we only allow growth in the center of town, then we're going to have some major problems and some of them have already surfaced due to the empty buildings that we have and people that say I can't do business here. I think it's very important that we allow some of these small businesses to come in, and build an establishment and do something with it. If we don't address that situation we're going to have more problems upcoming. Mayor Williams: I have no problem with the rezoning because of the already existing commercial property across the street. I do have some concern with regard to the highway. Kenai Spur Highway, at the present time calls for a 200' ROW. There are areas along the highway as I recall that call for 300' ROW. Do we know what the ROW acquisition program calls for. If not, how soon could we find out if they want a 300' ROW. PW Director Kornelis: I think we'd have to contact Anchorage. Mayor Williams: With an owner planning on building there, it seems to me that should be looked into. In the case of the highway itself, acquisition is going to have to be made on the adjoining property. It would seem with the building of the school that the highway department is going to have to make better arrangements for access on to Swires Road because of the added traffic that has already been created there. I am not too concerned that a traffic problem would be created by allowing another access close to Swires because the highway department has a responsibility to take care of that. PW Director Kornelis directed to check with the DOT to determine the acquisition of " in this area. Mayor Williams noted Mr. Maguire in the audience and asked him to come forward. Mr. Maguire, according to our information now, there exists a 200' ROW, you're aware of the fact that the 1991/92 construction program calls for a four lane highway to be built through that area. Mr. Maguire: Yes, but I understood it to be within the present ROW: Mayor Williams: Have you checked to find out whether or not that is correct. Mr. Maguire: No. There are only about 4 lots on each side of the road that already had the new ROW taken. The rest are all shown with the present ROW. Mayor Williams: I would strongly advise that you look into that. KENAI CITY COUNCIL December 6, 1989 Page 4 VOTE: Motion passes Councilman Measles - yes Councilwoman Monfor - yes Councilwoman O'Reilly - no Councilman Smalley - no Councilwoman Swarner - no Councilman Walker - yes Mayor Williams - yes 2. Ordinance 1343-89: Amend Kenai Municipal Code by Adding "Recreation Zone" (R) MOTION: Councilman Walker moved approval of Ordinance 1343-89, seconded by Councilwoman O'Reilly Mayor Williams called for comments from the public, there were none. Councilwoman O'Reilly: I would consider a division of question to consider tonight, just the section pertaining to the new zone and table to further date or further work by Planning & Zoning Commission that portion dealing with the signs Councilman Measles: Would it be cleaner for the purpose of this ordinance to amend this ordinance by removing all references to the sign code. City Manager Brighton: Yes. If you remove it you can pass the zoning portion and at a later date pick up with the rest. MOTION AMENDMENT: Councilman Measles moved to leave the main body of the ordinance dealing with the zoning change, and also leave in the amendment to the Land Use Plan and to delete any reference to the sign code, seconded by Councilwoman O'Reilly Councilman Smalley: If it passes and it goes into effect and signs are constructed, are they then constructed to the ordinance that's currently in the code as far as the sign code ordinance. City Manager Brighton: Until such time as you pass the addition to the sign code, yes. Councilman Smalley: By amending it to remove any reference to signs you go back to the regular code and if it's 154 sq.ft. sign and I know that the Planning Commission was having some difficulty with that. City Manager Brighton: Since you're creating a zone that doesn't presently exist, even the present sign code would not exist in this new zone. You will have to eventually adopt the overall sign code for the new Recreation Zone or a sign code for that particular zone. But since we don't have a zone, then the sign code doesn't cover it. Councilman Smalley: I'm saying that once the zone has passed and goes into effect and people come in and request the zone changes, once approved they could put up a sign within that zone for 154 sq. ft. KENAI CITY COUNCIL December 6, 1989 Page 5 City Manager Brighton: I don't think, in the sign code that's in existence, there is this particular zone. If you pass this, then you will eventually have to pass a sign code ordinance that will have to comply with the new zone. Councilman Smalley: My understanding is that once the zone goes into effect the current sign code would speak to this zone. City Attorney Rogers: I am inclined to agree with Councilman Smalley. That is not to say that during the interim period while you devise a sign code to make it applicable just to that zone, that there would be any enforcement. I think there is a period of time before you have to worry about it. Councilman Smalley: I think this is a cleaner way to deal with it tonight but I think that the sign code situation definitely needs to be dealt with quickly. Mayor Williams: I concur in the discussion of separation primarily because I'm quite concerned about the sign code itself. I believe that this particular sign code has become very restrictive and I hate to deal with two separate sign codes within the City. One for one particular zone and one for other areas. I'm also concerned that they eliminate lighting. "No internally illuminated sign is permitted". The most aesthetically pleasing signs that we have are the internally illuminated signs and I would hate to create a recreational zone for the purpose of hotels, etc., and not allow the right to have this type of sign. I would prefer the ordinance deal with size because of the quasi -residential areas. VOTE AMENDMENT: Motion passed unanimously by roll call vote Councilman Smalley: I think it needs to be remanded back to the Planning Commission but it needs to be remanded back to them with some direction. Mayor Williams: Administration will advise the Commission that it is the Council's desire that they redo the sign ordinance having it more appropriately approximate the existing sign ordinance and to look more closely at the problem of internally illuminated signs and consider the types of businesses that may be in that new zone. Councilman Measles: I don't think I have a problem with the existing sign code looking at the permitted and conditional uses in this zone. How are you going to place hotels and restaurants under two different sign codes because they happen to be in a different zone. I would hope that we could simplify that so that we're dealing with one sign code. Councilman Walker: I would speak to the ordinance itself. The Commission, while I was still on it, went to a considerable amount of work on this particular ordinance itself, with a lot of thanks to Councilman Smalley. Basically I'm going to speak out strongly in favor of this, it is a very needed item. VOTE MAIN MOTION: Motion passed unanimously by roll call vote KENAI CITY COUNCIL December 6, 1989 Page 6 3. Ordinance 1344-89: Increase Estimated Rev/Appns by $180,000 for Purchase of Wd for Boat Launch MOTION: Councilman Walker moved to approve Ordinance 1344-89, seconded by Councilwoman O'Reilly Mayor Williams noted the additional material pertaining to the appraisal, Council took a few minutes to read it over. Mayor Williams: I might advise the public of the great disparity between what the ordinance says as far as the appropriations for the purchase of the land and what the appraisal says the land is worth. I wouldn't care to get into a major discussion between the differences in values at this time because that question is not before us, the primary question is to appropriate a general amount of money for the purchase of a specific parcel of land. The Council will deal with actual values later on. Mayor Williams called for comments from the public, there were none. Councilwoman Monfor: We are appropriating money we are putting into a capital project fund, but if we don't get all the permits we need, it is null and void. City Manager Brighton: Because we are appropriating $180,000 has no indication that that is the price of the property. The price will be whatever the Council ultimately decide what they can agree on. Mayor Williams: And it doesn't mean that we are necessarily willing to buy it at this time. Councilman Measles: Is it appropriate to make the appropriation at this time. Mayor Williams: I think what we wanted to do was get the money available so that we could negotiate a contingent contract. Councilman Smalley: So Council passes this and makes funds available, then the City can expend them without coming back to Council. Answer no. Councilwoman Monfor: Did I understand that we are going to make a contingency contract with the Cones for an unspecified amount of money. Mayor Williams: No, we're going to negotiate a price. But when we submit the paperwork for the permits we need paperwork that will show we are either the owner or are buyers contingent upon. City Manager Brighton: I would suggest the Council have a work session on directing the administration because there are a couple of ways you could go. You can either do it the way it has been suggested or you can pay x-number of dollars for an option, contingent upon certain things happening, if they don't happen we lose the money we paid for the option, you don't lose money either way. Administration does not want to be out there waving around in the water without specific direction from this Council. Councilman Walker: In reviewing this ordinance, it appears to me exactly what the Council discussed in, I believe our most recent meeting, and I feel this appraisal isn't going to cause a whole lot of problems. Basically what this will allow us to do is to go on to negotiating. City KENAI CITY COUNCIL December 6, 1989 Page 7 Manager Brighton: Technically that's right. Councilman Walker: So if this is in no way setting the price, it is just allowing us to enter into negotiations and begin this work. I suggest we approve it and then we can see what kind of price. Councilman Measles: Under the scenario that you describe of entering into negotiations and then signing a contract with the Cones for a specified price, would that contract come back to Council before it's signed. Mayor Williams: I'm sure it would be we can direct that it will. Councilman Measles: The since this ordinance is scheduled to be effective on the date of the second reading could we not table this ordinance until that contract comes back to us for approval, and at that time amend the amount to whatever was agreed upon for the price. Mayor Williams: Yes. We had not anticipated seeing this appraisal at this early date, so we were looking to make some money available to proceed. This came to the office today. City Attorney Rogers: From a legal standpoint I see no reason or need to be money appropriated pursuant to this ordinance to negotiate a price for the purchase of that land. MOTION: Councilman Measles moved to table Ordinance 1344-89 until such time as the negotiated contracted is brought back before Council and that the ordinance be brought back with the contract, seconded by Councilwoman Monfor VOTE: Mayor Williams: Will this be considered the first reading of this ordinance even though it has been tabled. Answer no. Motion passed unanimously by roll call vote It was agreed that the ordinance had already had the first reading so when it comes back the dates will be changed. Council set a date for a work session on this issue for Wednesday, December 20, 1989 at 6:00 P.M. in the Council Chambers. City Manager Brighton asked for the progress on the project, PW Director Kornelis answered that the two proposals are going through the process for both Parks & Recreation and Planning and Zoning Commissions but not to the Corps as yet. 4. Resolution 89-79: Authorize City Manager Execute Mortgage & Agreement for Kenai Bicentennial Visitors & Convention Bureau for Construction of Kenai Bicentennial Visitors & Cultural Center MOTION: Councilwoman Monfor moved for adoption of Resolution 89-79, seconded by Councilwoman O'Reilly Mayor Williams called for public comments, there were none. Councilwoman Monfor stated that the Kenai Bicentennial and Visitors Convention Bureau voted on this at their meeting Monday and approved it. KENAI CITY COUNCIL December 6, 1989 Page 8 VOTE: "If we don't have this, our grant is dead in the water. It's a formality of the United States government. We have everything in and we should know by December 15th and the final ground approval until March 1990. Mayor Williams asked when the funding would be available should a positive statement be made in March, answer no idea. Councilwoman Monfor informed the public that this project has been approved on the state and local level and it is in Seattle this week. City Manager Brighton: If this grant is awarded it will be funded by this fiscal year funding. Motion passed by Unanimous Consent REPORT S 1. Council on Aging a. Councilwoman Swarner reported that the Congregate Housing Committee is diligently working on the project. Mayor Williams noted the letter in the packet from Senator Zawacki in support of the project. b. Today the tree and star was delivered to the Governor and there will be 12 more days of ornaments delivered to his office. C. In January the Council will need three new members and there are three applications in the packet. 2. Airport Commission a. Councilman Measles reported that the minutes of the last meeting were in the packet. The next meeting is December 14th. 3. Economic Development Commission The next meeting will be tomorrow. 4. Harbor Commission The next meeting is scheduled for December llth 5. Library Commission a. There was no meeting scheduled for December. b. Councilwoman Monfor reported that the Open House is going to be December 14th from 4 - 7 P.M. MOTION: Councilwoman Monfor moved that Council, from their Misc. budget, donate $100, seconded by Councilwoman Swarner KENAI CITY COUNCIL December 6, 1989 Page 9 VOTE: Motion passed by Unaimous Consent 6. Parks & Recreation Commission a. Councilwoman O'Reilly reported that the Commission approved the concept of the Recreation Zone and felt that more work needed to be done which the Council did tonight. b. On the boat ramp, they recommended Option #2 because it would allow more organized parking, less congestion, and less expensive. They also urged that the boat ramp be there from the start. Mayor Williams noted that the Harbor Commission requested Option #1 and Parks & Rec requested Option #2. C. They want to set a joint meeting with the Beautification Committee to discuss the Municipal Park sometime in January. 7. Planning & Zoning Commission No meeting until December 13th. 8. Misc. Commissions/Committees a. Councilwoman Monfor stated that the Beautification Committee met November 21st in a joint session with the Parks & Recreation Commission. There were new lines of communication opened up. The Council discussed verbiage on page 7 of the minutes and the cost of several projects which total $1 million. E _ M = NU TE S 1. *Regular Meeting, November 21, 1989 Minutes not available. F _ CORRESPONDENCE 1. *Letter from Senator Ted Stevens Mayor Williams stated that this is in answer to a letter he asked the City Attorney to draft. City Attorney Rogers: I had a conversation with one of the aides to the Senator but nothing yet. 2. *Letter from Kenai Peninsula Central Labor Council No action. G _ OLD BUS = NE S S None KENAI CITY COUNCIL December 6, 1989 Page 10 H_ NEW B U S T NE S S 1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles moved to pay the bills, seconded by Councilwoman Monfor MOTION: Motion passed by Unaimous Consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor moved for approval of requisitions over $1,000 and add "Repairs to the Christmas street lights for $1,211.8311, seconded by Councilwoman Swarner VOTE: Motion passed by Unaimous Consent 3. *Ordinance 1347-89: Amend KMC Title 23, "Personnel Regulations" Consent Agenda Item 4. *Ordinance 1345-89: Amend KMC 8.05.010 to Adopt Latest Editions of National Fire Codes and Uniform Fire Code Consent Agenda Item 5. *Ordinance 1346-89: Amend KMC Title 4, "Uniform Building Code" to Adopt & Incorporate 1988 & 1990 Edition of Certain Codes Consent Agenda Item 6. *Ordinance 1348-89: Increase Estimated Rev/Appns by $14,060 in Council on Aging -Borough Fund Consent Agenda Item 7. Vacation of 10' Utility Easement: Lot 2, Misty Haven S/D - H.U.D. MOTION: Councilman Smalley moved approval, seconded by Councilman Measles VOTE: Motion passed by Unaimous Consent _ _ ADM = N 11S T RAT = ON REPORT S 1. Mayor a. Mayor Williams reported on the AML conference. KENAI CITY COUNCIL December 6, 1989 Page 11 b. (1) The NLC meeting in Atlanta centered around public housing. The U.S. is short 8 million units and have been going deeper into that loss since 1980. The present administration is involved in cleaning up the HUD situation. (2) The neat push was to register handguns. Both the Alaska and Arizona delegation stood firmly against it with the comment that about the only thing registration of handguns is going to do is once you are shot you will be able to make sure you were shot by the right gun. The resolution failed, (3) Child day care, (4) no mention of ANWAR, policies, or energy, (5) the garbage and drug issue, (6) Economic Development with an interesting switch is that a small codmunity faces elimination by actions of another community adjoining it. A regional airport is expanding and is buying up half the hones in the adjoining community and wiping out half the tax base and removing half the residents. 2. City Manager a. The PW Director has provided an update on the Kenai Boardwalk project. It is on track and still going. DOT has verbally indicated they will take property title to that property. b. Passed out tonight is a sheet from Dick Morgan regarding an increase in green fees. His lease specifies that needs approval from Council prior to increasing those fees. MOTION: Councilwoman Monfor moved to increase the green fees: 6$ for 9 holes on weekdays, $8 for 9 holes on weekends and holidays, seconded by Councilman Smalley Councilman Walker: Would Councilwoman Monfor care to continue with the 18 holes. The schedule continues on the back of the sheet, however, it was not indicated in the letter. City Manager Brighton stated that perhaps they didn't need to be, however, to be on the safe side you could amend it to the verbiage on the green fee card. MOTION AMENDMENT: Motion amended to read as stated on the green fee card by consent of second. Councilman Measles stated that it should be clear that we are allowing Mr. Morgan an exception to his lease for him to increase the green fees as requested. We don't want to increase the green fees. VOTE: Motion and Amendment passed by Unanimous Consent C. On the FSS facility, we are moving along with consolidation much more slowly than any of us anticipated and it is creating some heartburn that some places such as Homer that are going to lose theirs. KENAI CITY COUNCIL December 6, 1989 Page 12 3. Attorney a. Mayor Williams pointed out item I-3, Tim Rogers has been appointed to Government Lawyers User Group Chair. b. Mayor Williams asked about the second item in his report and the involvement of Matanuska Telephone Company. City Attorney Rogers: They retained Andy Hogey who is one attorney in Anchorage who limits his practice to utility law so he is considered somewhat of an expert in the field. They intervened at the very beginning of this. We have been fighting with the Matanuska Telephone people as well as HLA and the Attorney General's office in the state. As a result of their intervening in the case, we are now being told that they are now jointly and severally liable for the attorney's fees that were awarded to the City of Kenai. We have the option of collecting any and all fees from any one of those people and the awarded the fees to us is being appealed to the Supreme Court, but it is our intention, at this point, we will probably attempt to collect all of those fees from Homer Electric and let them worry about sorting it out on a pro-rata from others who were involved. 4. City Clerk None 5. Finance Director The audit on the grants was passed out plus the recap on the sales tax. Mayor Williams asked if this was what was anticipated. Finance Director Brown stated that the July through September figure is .18% down. This is the first one in 9 quarters that is down. Mayor Williams stated that everyone is interested in what effects the oil spill had on the economy. The point appears to be that there wasn't the money spent in Kenai as anticipated. Even though there were tremendous amounts of money being expended in the state, we didn't get that great an effect. Finance Director Brown noted that Homer and Seward were well up. 6. Public Works Director a. Regarding a memo from Mr. Hackney regarding the house on Iowa Street, Mr. Hackney went out and checked on it to see if the owner is taking care of it and it turns out he is not. The last sentence of the memo asks if the Council wants us to abate this building according to the code as we have the other two. Councilwoman Monfor: I was the one who brought it to the attention of the Public Works Department because the neighbors there have been contacting me constantly. One of the people would like to put their house up for sale and can't because of the condition of the house. Its a public nuisance. It's not as though the owners have not been contacted numerous times, not only by the City but by the surrounding neighbors always with the promise that they will do something. KENAI CITY COUNCIL December 6, 1989 Page 13 Councilman Salley: Do we need a motion on that? Mayor Williams: No, the attorneys office will do a report on it. City Attorney Augers: We111 start the preliminary abatemont. b. The final inspection on the airport bar and restaurant was last week. We have just a few minor items left on the list. C. EPA/DEC is about to give us our permit on our fish discharge at the sewer treatment plant. 7. Airport Manager a. Happy Holidays! I'm leaving until mid -January. b. Councilman Smalley asked about expenditures for a small partition for the restroom, answer it shouldn't be a great cost and I can do it out of my budget. It would probably be appropriate for both restrooms. C. Mayor Williams asked for an update on the case for the industrial display. Manager Ernst replied that he was having trouble getting bids and listed the people he has approached. The reason seems to be that the job is one of a cabinet maker type. The way the specs were written up is using oak trim and should be easy. Mayor Williams asked about the cost, Manager Ernst answered that the money will have to be appropriated. Mayor Williams stated that since that display is worth around $200,000 the job has to be done. Manager Ernst answered that he will take the proposal from Treat if it does get down to around $5,000. a_ D= S CU S S= ON 1. Citizens None 2. Council a. Councilwoman Swarner thanked the Council for allowing her to travel to the RDC meeting, it was very informative. There was one speaker that came up with a new name, "preservationists" and is all for promoting timber harvest on the Peninsula. b. Councilwoman Monfor will not be at the next meeting. C. The Library Commission is short one person and there is one application in the packet. d. Councilwoman O'Reilly noted that the newspaper reported that we got the okay for the customs office. City Manager Brighton will report back on the date for that event. We will provide space in the airport terminal. Councilwoman Swarner stated that she had learned it would be January or February. KENAI CITY COUNCIL December 6, 1989 Page 14 e. Councilman Smalley stated that he is going to have a couple people come and speak to Council regarding the Boys & Girls Club. This is a good group that has use of part of the old Kenai school. They are nonprofit and are in dire need of money. On a daily basis they have between 30 to over 100 young children there. I don't see it as being competitive with our Rec Center because they are dealing with children who would not be in the Rec Center. It is a latch key program that you would find interesting. I would ask Council consider donating some money to that organization. Mayor Williams indicated that he was on the Board of Directors and had also considered approaching Council. Discussion continued regarding the Community Schools program and the Boys & Girls Club. f. Library Commission needs one person and there is an applicant, Mary Quesnel. MOTION: Councilwoman O'Reilly moved that Council concur with Mayors appointment of Mrs. Quesnel to the Library Commission, she would be an asset, seconded by Councilman Smalley VOTE: Motion passed by Unaimous Consent g. Council on Aging: Three applications - Joanna Hollier, Elmer Seay, and Georgetta Funk. Council concurred with the Mayors appointment of all three persons to the Council on Aging_ h. Mayor Williams reported on the meeting of the Kenai Caucus: An objective list was approved which regarding the Railbelt E nd..� The—. #1 item is the Bradly Lake Intertie, #2 is Fairbanks t Heale ntertie, #3 is Seward Intertie. After that we all agreed that if we could get the legislature to issue the rest of the money on a per capita basis for the Boroughs of the railbelt that we would have a much better chance at requesting and perhaps negotiating funds out of the Borough at the local level than we would out of the legislature. The Borough share on a per capita basis will be $10 million. The Borough has proposed some public works projects that will come to about $7 million. i. Regarding the Games of Chance and Skill permits; it was agreed they would tax the vendors but not the nonprofits. City Attorney Rogers: They failed to give the vendors an exemption from taxation. K _ ADJ'OiJRNMENT There being no further business, the meeting was adjourned at 9:00 P.M. Janet A. Loper Deputy City Clerk F-1 Dec 5, 1989 s Fellow resident; I am sending you this Inter because, in one farm or another, you have recent y expneeseci your opinion on how to deal with one of more of the many social, po teal or economic probkww that we face on a focal level. I (Larry Slone of Homer) will soon be publishing a newsletter dedicated to freedom of speech and I would be greatly pleased if you would send me, for publication and distribution throughout the Kenai Peninsula, a single -page letter addressing a topic of interest to youself. Absolutely no fee or obligation will be incurred by your doing so. All intelligible, legible submissions that are not blatantly libelous or grossly profane will be published without any modifications or editing whatsoever as to subject matter, content, spelling, or grammar. What you write is exactly what others will read! Nor will there be any publisher comment on your article. In return for your willingness to participate in exercising your 1st Amendment Constitutional Rights and in having a forum for expressing your views, you will receive - again, without obligation - several copies of the premier edition. Subsequent issues (if any) will require a fee for any material submitted for that particular issue. Obviously this opportunity for expression has potential for abuse. Fortunately, a safeguard will be built in by virtue of the fad that every letter published will also bear the author's name and town of residence. (Phone numbers and addresses kept confidential) . Remember: The corollary to freedom of speech is that yW be held responsible for the manner and method which you use to express your ideas. 61 B 910p'w O t� My primary motives for publishing this newsletter are twofold: One, to provWsr an avenue for the honest exchange of considered opinion (MllhaA ~ there is no real basis for communication); Two, to link my name with acie that puanote CorusftAlonal Rights. On the next page is a list of suggested topics. ANY topic of your choice may be wren abort, but it is requested that it bj related in same manner to the concerns or interests of Kenai Peninsula residents. Please be certain that your subuniselon uses black iric on a standard 8112' x 1 i' sheet of paper. Your letter will be photocopied and reduced to approximately 3✓4 size for printing. Posknark Projected distribution date: Jan 15th. So, them you have it ... an opporkmity for ft unedited Input of yourself, and many «er individuals just like you, into a publication that will reflect a comprehensive ouremieww of the nanny complex issues currently confronting us on the Kenai Peninsula that require a resolution. Hope to Bear from#oy soon, Larry Slone, Publisher REVIEW: one M of standard 8112' x 11' Racier. Black (handwritten or typed). Printed Nanw, &WD&Uz and Rhog,number or SkIMM for verification - Submission. lt: ,On 31, 1989. If writing from your perspective as a public official' please use your title. A shot bio (up to 30 words) may be included with your article for possible publication. 2 Abortion Economic/ Business concerns Environment a. Spruce Bark Beetle Infestation b. Waste Management Govemrnent/Politcal Process Human Rights Land Trade, Ka chemak Bay State Park Logging Marine a. Limited Entry, Bottorrdish (Halibut) b. On -shore vs. Off -shore Processing Native/Minority Rights Oil Spill Public Education a. ©rugs in School b. Child Inoculation c. Foundation Funding Formula d. Sex Cirriculum e. Permanent Fund Education Endowment Social Concerns a. Child Abuse b. Marijuana/Alchohol Abuse Subsistence Miscellaneous a. Historical Perspective 3 P.O. BOX Tg1 _' GIRDWOOD. ALASKA 99587 (9071783 2905 POUCH VMf, JUNEAU. ALASKA 9WII 1907) 465 269312719 .lasha *ate cruse ofej REPRESENTATIVE JIM ZAWACKI DISTRICT Fop Z YfY.fn COMMUNITY 6 REGIONAL AFFAIRS COMMITTEE LEGISLATIVE BUDGET 6 AUDIT COMMTTEE FINANCE SUBCOMMITTEE e��j — .0 .Goals �.w�•k � e�.a� 4&4�� NCO), of— *e—, . F WU3 STEVE COWPER GOVERNOR S TAT E O F ALAS gA OFFICE OF THE GOVERNOR J O lY E A U December 6, 1989 The Honorable Jim Zawacki Alaska State Representative 3111 "C" Street, Suite 415 Anchorage, AK 99503 Dear Jim, J , t Thank you very much for your letter supporting the Kenai Congregate Housing Project for inclusion in the FY 91 capital budget. I appreciate your taking the time to let me know what your priorities are. We will carefully consider your suggestions as we put the capital budget together. Thanks again for taking the time to contact me. Slic rely, Steve Cowper Governor cc: OMB The Honorable Paul A. Fischer, Alaska State Senator The Honorable Mike Navarre, Alaska State Representative The Honorable C.E. Swackhammer, Alaska State Representative The Honorable John Williams, Mayor, City of Kenai Mr. Pat Porter, Kenai Senior Center Kenai Chamber of Commerce North Peninsula Chamber of Commerce ,0 09yp X C-; S v 905att-c ��2 Alaska State Legislature HOUSE Official Business December 12, 1989 I�N5 co Cn C 0,�, 'p CEO, o: The Honorable Steve Cowper P.O. Box A Juneau, AK 99811 Dear Governor Cowper; NTATIVES FI. 14 P.O. Box V State Capitol Juneau, Alaska "811 As we have discussed in previous conversations, I am submitting capital requests for you to consider in the capital budget for FY 91. These water and sewer projects all deal with health/safety concerns as well as providing a basic infrastructure need to promote economic development. * Homer/Kachemak joint sewer project (1,045.0) * Kenai Thompson Park sewer improvements (2,400.0) * Seldovia water system upgrade (500.0) * Soldotna wastewater treatment expansion (1,538.618) * Kenai Peninsula Borough baler and landfill improvements (5,632.0) All but one of these projects are eligible for the Department of Environmental Conservation's 50% match program and the department is aware of these needs. I propose these projects be placed in the A.E.C. 50% match program with legislative appropriations providing the remaining funds needed for completion (with the exception of the Kenai Peninsula Borough's request since they passed a bond issue which would provide a 50% match). The Homer/Kachemak project is not eligible for the D.E.C. match program. Funding for this project is needed due to cost over -runs. The main over -run was the bid for the treatment plant which far exceeded engineers' preliminary estimates from 1988. The original over -run was approximately $2 million, however, Homer and Kachemak city officials were able to pare this request down to $1,045,000. Back-up material for the above listed projects is enclosed. Any assistance you may be able to provide toward placing these projects on the FY 91 capital budget is greatly appreciated. Please do not hesitate to contact my office if I can be of assistance on this or any other matter., Sincerbtly, C ackhammer Mi Navarre e esentative Representative CES/MN/tw Enclosure PAI*tENTS OVER $1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: DECEMBER 20,1989 FOR RATIFICATION: +***ttrt*tr1ISC. DEPARTMENT ACCOUNT AMOUNT VENDOR DESCRIPTION NATIONAL BANK OF ALASKA FEDERAL W/H VARIOUS VARIOUS LIABILITY LIABILITY 14,942.48 409.72 MEDICARE NOV. RETIREMENT W/H VARIOUS RETIREMENT 21,436.77 PERS VARIOUS COMMUNICATIONS 2,750.73 TELEPHONE UTILITIES PHONE SERVICE SHOP OPERATING SUPPLIES 6,923.59 DOYLE'S FUEL SERVICE FUEL ELECTRICITY USAGE VARIOUS UTILITIES 27,261.88 HOMER ELECTRIC LEGISLATIVE PROFESSIONAL SERVICE 1,000.00 MIKLTNDA, COTTRELL FINAL ON AUDIT CENTRAL TREASURY CENTRAL TREASURY 325,000.00 7.95% INT. NATIONAL BANK OF ALASKA CD 12/1/89 CENTRAL TREASURY CENTRAL TREASURY CD 12/8189 CENTRAL TREASURY CENTRAL TREASURY 775,000.00 7.75% INT. CD 12/15/89 FOR APPROVAL: ***+*tt**#MISC. ##rt#*x**t*tt*#**x#+tttt*##*t*#x**x*#+t*x#x#tt*t*x*t#*tx#xtrttxx#*tt+**x*xxtr+**txttttxtxx*t+*xxx*##+++**xxt+**x*x*trt*tx*tt+*x**##AMOUNT DEPARTMENT ACCOUNT VENDOR DESCRIPTION lrot#k***#+****x#*******ttr********+****#tt+*t***#*#**#*t*!t*kx+**+t*x****++*x***###!**#t#+t+***t***+*t**rr******ttt*****4t****xxtrt*x**t±t+t*###*ttt** 12 CP-TERMINAL CONSTRUCTION 53,104.24 G & S CONSTRUCTION PAY EST. NO. COA OPERATING SUPPLIES 4,854.72 P.O. 21231 ANCHORAGE COLD STORAGE NOV. GROCERIES NLC MEETING-ATLANTA, GEORGIA LEGISLATIVE TRANSPORTATION 1,145.74 P.O. 20182 JOHN WILLIAMS REQUISITIONS OVER $1.000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: DECEMBER 20, 1989 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT JOHNSON FILTRATION ROTATING DRUM SCREEN THE LIBRARY STORE LABEL LOCKS & BOOR TAPE KING OSCAR'S CATERING HOLIDAY PARTY FOR 140 STP REPAIR & MAINT. SUPPLIES 3.030.00 LIBRARY OFFICE SUPPLIES 1,269.02 LEGISLATIVE MISCELLANEOUS 2,870.00 rl•3 Suggested By: CITY OF KENAI ORDINANCE 1349-89 Finance Department AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED, "INVESTMENT OF MONIES," TO ESTABLISH A POLICY FOR INVESTMENT OF CITY MONIES. WHEREAS, Section 5-5 of the City Charter authorizes the City Council to regulate investment of City monies; and, WHEREAS, previous authority and regulation regarding City investment policy is set out in Resolution No. 84-146, and the City Administration believes such authority should be made part of the Kenai Municipal Code; and, WHEREAS, the City Administration wishes to expand the types of authorized investment instruments, consistent with the objectives of safety and liquidity. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1• Resolution No. 84-146 is hereby rescinded; and, Section 2• The City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered 7.22, entitled "Investment of Monies," which shall read as described on the attached "Exhibit A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of January, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: December 20, 1989 Second Reading: January 3, 1990 Effective Date: February 3, 1990 Approved by Finance: C9Q (12/13/89) Chapter 7.22 INVESTMENT OF MONIES Sections• 7.22.010 Scope and Objectives. 7.22.020 Authority and Prudence. 7.22.030 Authorized Investments. 7.22.040 Maturities. 7.22.050 Collateralization. 7.22.060 Liquidity. 7.22.070 Safekeeping. 7.22.080 Ethics. 7.22.090 Reports. 7.22.010 Scope and Objectives: (a) This Chapter applies to the investment of all City monies held in all City funds, except for pension and retirement monies and deferred compensation accounts. (b) The City's investment portfolio shall be managed so that the portfolio, as a whole, meets the objectives set forth below. All persons selecting investments for City monies shall adhere to these objectives, which are listed in order of relative importance. (1) Safety of principal; (2) Maintaining sufficient liquidity to meet the City's cash flow requirements; and, (3) Achieving a reasonable market -average rate of return. 7.22.020 Authority and Prudence: (a) The Finance Director is the City official responsible for investment transactions. (b) Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Investment officers acting in accordance with this Chapter and exercising due diligence shall be relieved of personal responsibility for an individual security's performance. 7.22.030 Authorized Investments: The City may invest its available monies in the following instruments: (a) Obligations of the U.S, government, its agencies and instrumentalities. PAGE 1 OF EXHIBIT "A" (b) Insured or collateralized certificates of deposit, savings accounts, and other deposits with banks and savings and loan associations. (c) Repurchase agreements that are documented by a written agreement, and are fully collateralized by delivery of obligations of the U.S. government to an independent third -party custodian. (d) Money market mutual funds whose dollar -weighted average portfolio maturities are not greater than 120 days, and whose portfolios consist primarily of obligations of the U.S. government., its agencies and instrumentalities, and of repurchase agreements collateralized with such U.S. government, agency, or instrumentality obligations. (e) A State investment pool, should one become available. 7.22.040 Maturities: Investments shall have maturities, measured from the date of purchase, that do not exceed two years, except for investments that shall be put to specific uses (such as defeasance of debt or establishment of a sinking fund) where the matching of maturity to the use is important. 7.22.050 Collateralization: Collateral is required for all uninsured certificates of deposit or other deposits with banks and savings and loan associations. The market value of collateral. must be maintained during the life of the investment at a level equal to or greater than the amount of the investment. All collateral securities must be delivered to, and held by, a third party trustee. An undivided interest in the securities pledged as collateral must be granted to the City. Eligible securities for collateralization shall be limited to obligations of the United States government, its agencies and instrumentalities whose maturities do not exceed five (5) years, measured from the date of the City's investment transaction. 7.22.060 Liquidity: Liquidity shall be assured through investments in marketable U.S. Treasury bills, short-term repurchase agreements, or money market funds. At least twenty percent (20%) of the portfolio shall be held in such instruments. 7.22.070 Safekeepina: The Finance Director shall establish custody and safekeeping procedures with regard to all investments authorized by RMC 7.22.030(a), (b), and (c). All such investment securities, or their related collateral securities, shall be either held by the City or by a custodial agent for the City. 7.22.080 Ethics: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment PAGE 2 OF EXHIBIT "A" program, or which could impair their ability to make impartial investment decisions. Such employees and investment officials shall disclose confidentially to the City Manager any material financial interests in financial institutions that conduct business with the City. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the timing of purchases and sales. 7.22.090 Reports: The Finance Director shall submit to the City Council a quarterly investment report that summarizes recent and anticipated market conditions, and describes the City's investment portfolio in terms of transactions during the quarter, maturities, risk characteristics, and investment return compared with budgetary expectations. PAGE 3 OF EXHIBIT "A" MEMORANDUM To: Kenai City Council From: Charles A. Brown, Finance Director e Q 9 Date: December 13, 1989 Subject: City Investments Ordinance No. 1349-89 establishes investment policy by ordinance and places the policy in the Kenai Municipal Code. Resolution No. 84-146, which is attached to this memo, is being rescinded. Below, I have identified the substantial differences between the resolution (old policy) and the ordinance (new policy): 1. Liquidity: The new policy adds liquidity as a stated objective, and describes the means to measure liquidity. 2. Authorized Investments: The old policy was limited to U.S. government, agency, and instrumentality obligations, collateralized certificates of deposit, and repurchase agreements. The new policy adds money market funds that invest in the U.S. government, agency, and instrumentality obligations and in repurchase agreements collateralized by the same. It also adds authority to invest in a state investment pool, should one be established. My main purpose here is to add the authority to invest in money market mutual funds. Only the safest types of funds would be allowed. 3. Safekeeping: The old policy did not address safekeeping of direct investments; it only addressed safekeeping of collateral securities. The new policy adds a safekeeping requirement for direct investments, like Treasury bills. The City is currently using National Bank of Alaska's Trust Department, although not required to provide such safekeeping. 4. Brokers' Location: The old policy prohibited placing investments with Lower 48 brokers. This prohibition is being eliminated because I want to add money market funds. This prohibition is very unusual and not necessarily in the best interest of the City. However, I have no intention of using outside (Lower 48) brokers for investments, other than for money market funds. 5. Reporting: The new policy adds a reporting requirement; none existed in the old policy. This ordinance was prepared using material provided by the Government Finance Officers Association, as well as information received from the Kenai Peninsula Borough, who adopted an investment ordinance in February, 1989. In most cases, the proposed City of Kenai policies are more restrictive and conservative than those recommended by GFOA or used by other municipalities, reflecting my desires to avoid risk, work little (a passive investment policy), and sleep well. 4r 3, Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-146 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING INVESTMENT POLICIES FOR CITY MONIES. WHEREAS, Section 5-5 of the City Charter authorizes the City Council to regulate investment of City monies, and WHEREAS, the City has not established a policy regarding which types of investments are proper for City monies, and WHEREAS, the City's current policy regarding collateral for investments is inadequate and does not protect the City against loss due to default. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Resolutions No. 80-135 and 82-133 be rescinded and that the following policies be established for the investment of City monies: 1. General Investment Policy: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Of primary importance is safety of capital, with yield being a secondary consideration. Each investment transaction shall seek to avoid capital losses from securities defaults or erosion of market value. The City will hold the City's investment manager harmless with regard to losses on investment transactions undertaken in accordance with these investment policies. 2. Objective: The City's investment objective is to attain market -average rates of return consistent with the risk tolerated within the general investment policy. 3. Authority: The Finance Director is the City official responsible for investment transactions. 4. Eligible Monies: All monies in all funds are eligible for investment. 1 5. Eligible Investments: Investments shall be restricted to the following: a) Bonds, bills, notes, or other obligations of the United States or an agency or instrumentality of the United States. b) Certificates of Deposit, savings accounts, and other interest -earning deposit accounts of financial institutions with offices in Alaska whose operations for the two most recent fiscal years have resulted in a profit. Financial institutions shall be restricted to: [i] a bank which is a member of the Federal Deposit Insurance Corporation, [ii] a savings and loan association which is a member of the Federal Savings and Loan Insurance Corporation, or [iii] a credit union whose deposits are insured by the National Credit Union Administration. c) Repurchase agreements against eligible collateral. 6. Investments Placed with: Investments may be placed with or through financial institutions, security brokers, and security dealers with offices in Alaska. 7. Maturities: Investments shall have maturities, measured from the date of purchase, that do not exceed two years, except for investments that shall be put to specific uses (such as defeasance of debt or establishment of a sinking fund) where the matching of maturity to the use is most important. B. Collateralization: Collateral is required for all investments other than bonds, bills, notes, or other obligations of the United States or an agency or instrumentality of the United States. The market value of collateral must be maintained during the life of the investment at a level equal to or greater than the amount of the investment. All collateral securities must be delivered to, and held by, a third party trustee (bank or other financial institution). An undivided interest in the securities pledged as collateral must be granted to the City. Eligible security for Collateralization shall be limited to bonds, bills, notes, or other obligations of the United States, or an agency or instrumentality of the United States. 2 Y PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of December, 1984. TOM WAGONER, MAYOR! ATTEST: 'r Jnet Whelan, City Clerk Approved by Finance: eq 3 TO: FROM: DATE: RE: BACKGROUND Applicant: 4-4 1791-188' CITY 4F KLIIMI G't1a,24l 0141 210 FlQAM KOM, AL,AM 9mi TEL.B 4KM M"1- 7535 FAX 907-283-3014 STAFF REPORT Mayor Williams and Council Janet Loper, Planning Specialist December 15, 1989 Vacation Request: 10' Utility Easement - Lot 2, Block 2, Sungate S/D Legal Description: Existing Zoning: Current Land Use: Proposed Land Use: Housing & Urban Development Anchorage, Alaska Lot 2, Blk 2, Sungate S/D, Sec 5, T5N, R10W, S.M. Rural Residential (RR) Single Family Residence Garage within easement Action Requested: Recommend Approval DISCUSSION: The Kenai Planning & Zoning Commission met and reviewed this item at their meeting of December 13, 1989. As a result of that meeting, it was the decision of the Commission to request this issue return to them for an encroachment permit, rather than vacate the utility easement. All supporting material is attached. j KENAI PIENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 �{ PHONE (907) 262.4441 DON GILMAN MAYOR December 6, 1989 Kenai City Council 210 Fidalgo Street Kenai, Alaska 99611 RE: Vacation of ten foot utility easement within northern boundary Lot 2, Block 2, Sungate Subdivision (Plat 1694 KRD) Within Section 6, T5N, R10W, S.M., City of Kenai, AK In accordance with AS 29.40.140, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to the Soldotna City Council for their consideration and action. The council has 30 days from December 4, 1989, in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, ��CL7L CQ Richard P. Troeger <N�� Planning Director RPT/nj enc. 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. KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a public utility easement. Area under consideration is described as follows: I. A. Location and Request: Vacate ten foot utility easement within northern boundary Lot 2, Block 2, Sungate Subdi- vision (plat 1694 KRD). Being within Section 6, Township 5 North, Range 10 West, Seward Meridian, City of Kenai, Alaska. B. Purpose as stated in petition: The garage extends:,into the ten foot utility easement. Utility pedestals are located on lot 4, block 2, just outside the northeast corner of lot 2 and served by underground lines from Tern Place. It doesn't appear to be any utility lines west of the pedes- tals. C. Petitioner(s): Housing and Urban Development, Anchorage, Alaska. II. A. ation and Request: Vacate ten foot utility easeme. wit easterly boundary Lot 12, Block 2, Thomps rk Subdi on (plat 1047 KRD). Being within S n 6, Township orth, Range 10 West, Seward ian, City of Kenai, Alask B. Purpose as stated etitio ✓Because of small lot size, the easement makes in - ion of a DEC approved septic/water system AA40fhwlt. In addition, there is a ten foot utility eas t on th djoining lot. The area is well develop ith utiliities sently in place in the street R' -of-Way. C. Pe ioner(s): Alaska Housing Finance Corp. nchorage, oflas Public Hearing will be held by the Kenai Peninsula Borough Plan- ning Commission on Monday, December 04, 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 29, 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. 20 & 27, 1989) LOT - 4. i most- Wes+- 1 00.00 O ' 4 LOT 1 ti / None De LOT 2 14,000 sf. 7Yeit � 'CST flag. 7Se t-Edc o� to LAO • Q Ifor� e ' E+�'Z' 112" Rebar .. Esmt. i V' N SI )c v' Q c u+ O 0 0 S LOT 3 Sc a L e. 1 "=30' 518" 'Rebar'(F'.)o) U. �wes�--loo•ao� l�CrtL� (�VcI.( L>.1aI vE- ereby certify that I have surveyed the following described property:_ . LOT 2 BLOCK-2 'SUNQATE PARK- SUBDIVISION tjsat no enc roacitments exist except as indicated. It is the responsibility of the er to determine the existence of any tents, covenants, or restrictions Which not appear on the recorded subdivision plat. Under no ci==tances should any data acn be used for omstruction cs for establishing boundary or fence lines. ' day of 19 W'4 :• �,�..,�ar�*� �—� OF A4� r s. • �•.s terea surveyor i►r'tR.•• :;s• Technology, Ltd. ;,• 5333 Fairbanks St. Suite #11 Anchorage, AI A ka 9,9518 J P j �'Uiiman Suite #203 P.O. Box 449 KI.aska 99701 'Soldotna, Alaska 99669 •PM ti * 491-H Ii L SAM ;r o LS - 6121 �Jr + ++�Ar fly 0 (`tij •� sar .4r�. �s�3� :r�� ` is �Z o fir dv to Cy_ 2 sz,BIGtoa�,I 32 Qom,,. , � n ` ta t. 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B 7 NOT SUBDIVIDED P I a t approved by the Kenai Peninsula Borough planning commission this day of--+1970- chairman wEs r� /32o. 0r, Of v47 1791-161 CITY OF KENAI eap� 4 A,"4a," 210 FIDALGO KO M. ALASKA 99611 TELE MQNB 2M - MS FAX 907-283.3014 MEMOR.ANiDUM TO: Vice Chairman Bryson and Planning Commissioners FROM: Keith Kornelis; Public Works Director DATE: December 6, 1989 RE: Vacation of Ten Foot Utility Easement - Lot 2, Block 2, Sungate S/D The Public Works Department has no objection to the proposed vacation of the 10' easement located along the northern boundary of Lot 2, Block 2, Sungate S/D. It appears that this easement would not be needed should water and sewer be extended into this area. KK/jal o»ca�r electric JLWW4&cist3©3M, XIMC. CENTRAL OFFICE: 3977 LAKE STREET i HOMER. ALASKA 99603 J (907) 235.87 67 November 20, 1989 Robbie Harris Planning Department Kenai Peninsula Borough 144 N. Binkley Street Soldotna, AK 99669 Dear Robbie: This is confirmation of our telephone conversation regarding utility easement vacations in Sungate and Thompson Park Subdivisions. Lot 12, Block 2, Thompson Park: We have some apprehension about this vacation. Although we do have existing service to Lot 11 and there are lines along Lupine Drive, there is no service now for Lots 12, 13 and 14. That utility easement may be needed at some future time to serve those lots. We do not want to prevent development on the basis of some possible future need, but on the other hand, we can't ignore the possibility. We suggest that it be determined that this vacation is an actual necessity before proceeding with it. Lot 2, Block 2, Sungate: We have to consider future service to Lot 1, which would require use of the easement being vacated. We have no objection to vacating enough of the easement to resolve the encroachment, but we would like to retain as much of the easement as possible. Vacation of the interior 5 or 6 feet would be satisfactory. Thank you. Sincerely, 13 James S. Evans Easement Solicitor SUNGATE.JSE:ty Kenai Planning & Zoning Commission December 13, 1989 Page 6 VOTE: Commissioner Bannock: Is this going to be a controlled situation. Councilman Smalley: It is intended to be controlled. Commissioner Glick: Does the City intend to set up a fee. Councilman Smalley: There has been much discussion on that about turning it over to a concessionaire, but it is still in the planning process. Commissioner Bannock: If I have a choice I would like option #1 but I don't want that to stand in the way of getting this project going. The Commission agreed. Motion passed unanimously by roll call vote b. Vacation: 10' Utility Easement - Lot 2, Blk 2, Sungate Park S/D - H.U.D. Planning Specialist Loper reported that staff had no problem with this as there probably was no need for the easement. Vice Chair Bryson: At the last Borough meeting, the owner of lot 4, Al Poore, indicated he had no problem with it is as long as there was no encroachment more than the 10' that the easement required on his own property, if it were vacated. Right now there is 10' on each side of the lot line. Only the portion on lot 2 is being vacated. Commissioner Bannock: We've seen an awful lot of these lately, is this because the lines get changed or people aren't paying attention when they're building, or what. Planning Specialist Loper: More than likely the latter. Vice Chair Bryson: I would suspect a lack of respect for easement lines, lack of requirement for surveying prior to construction of the foundation. Commissioner Bannock: But aren't those things supposed to be in order to get a building permit. Vice Chair Bryson: No, there's no requirement for lot corners for a building permit. Planning Specialist Loper: Howard does not go out and step off the property when he inspects. Vice Chair Bryson: Those building permits are quite often issued prior to clearing so he wouldn't be able to tell any more than you would where the property line is. Planning Specialist Loper: It really is the responsibility of the surveyor or contractor or whoever is doing the construction. Commissioner McComsey: Then we shouldn't approve these. Then they would start looking before they build. Vice Chair Bryson: We proposed that once from the Commission level and Council wasn't prepared to force the contractors to have corners actually staked because of the actual expense to the property owner. Planning Specialist Loper: That is where our encroachment permit came from. Commissioner Bannock: But there are so many of them. Vice Chair Bryson: In reality its not, because in reality the work has to be done either before or at the time of the as -built or in the case of some encroachment some penalty assessed for the processing of the encroachment which the Council decided not to do. Planning Specialist Loper: The Commission had discussed $500 to begin with. Councilman Smalley: It went all the way down to $100 didn't it. Planning Kenai Planning & Zoning Commission December 13, 1989 Page 7 Specialist Loper: Yes, and that just covers the cost of the public hearing notice and the 300' notices. Vice Chair Bryson: And the intent of that was just to get the darned thing surveyed. Commissioner Glick: You can get it surveyed for less than 200' when you're talking about a lot in the City. Planning Specialist Loper: You will notice that the ones that have been coming to us are not from private property owners but from banks. Commissioner Glick: Right, its when you go to sell your property is when it shows up. Commissioner Glick: On the part about the 1/3 rear lot coverage, it looks like they're in violation of that too. Commissioner McComsey: The driveway doesn't even go to the garage so its probably not a garage, and its bigger than the house. Commissioner McComsey: If we take away the easement from. this one we should take it away from lot 4 too. Commissioner Glick: And one and three. Vice Chair Bryson: It would appear, just from the dating of sketch here, 1986, that the survey declared that no encroachment exists except as indicated and it shows the encroachment so whomever the lending agency was, they were made aware of it and they didn't care. Commissioner McComsey: It doesn't look like any utilities are going down through there. Planning Specialist Loper: It doesn't say anything. We got the Borough minutes on the Thompson Park vacation but not on this one. Vice Chair Bryson: The intent of these easements are for minor, shallower utilities. Commissioner Bannock: I think it is rather careless, you've got a problem, okay, we'll stroke it off. Commissioner Glick: I don't have a problem with vacating easements if they're not needed, but when they come back after they've built something on it that bothers me. Councilman Smalley: I know that there is a note that if there were utilities to come in to lot 4 they could come off Tern, if he were to divide his property, he wouldn't have access to one of his lots. Depending upon how it is subdivided. Just because one of the lenders wants to unload one of its repos, its not fair to the adjacent land owners. Commissioner Bannock: That's exactly what this is. Vice Chair Bryson: The side setback for those lots is 5' and I'm thinking about the impact of that garage on lot 4. Commissioner McComsey: I feel they should come in and get an encroachment permit. MOTION: Commissioner McComsey moved to require the owners of lot 2, Blk 2, Sungate S/D apply for an encroachment permit, seconded by Commissioner Glick. VOTE: Motion passed Commissioner Graveley - yes Vice Chair Bryson - no Commissioner Bannock - no Commissioner Glick - yes Commissioner McComsey - yes 1791-1"I CITY OF KENAI " Chia Caja4 l 4 4ia"a" TELEPHONE 283.7535 FAX 907-283-3014 STAFF REPORT TO: Mayor Williams and Council FROM: Janet Loper, Planning Specialist DATE: December 15, 1989 RE: Vacation Request: 10' Utility Easement - Lot 12, Block 2, Thompson Park S/D - Alaska Housing Finance Corp. BACKGROUND Applicant: A.H.F.C. Anchorage, Alaska Legal Description: Lot 12, Blk 2, Thompson Park S/D, Sec. 6, T5N, R10W, S.M. Existing Zoning: Rural Residential (RR) Current Land Use: Single Family Residential Proposed Land Use: Placement of well & septic Action Requested: Recommend Denial The Kenai Planning & Zoning Commission reviewed this item at their meeting of December 13, 1989. As a result of that review, the motion to recommend approval failed unanimously. Copies of all supporting documentation are attached. 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 a public utility easement. Area under consideration is described as follows: I. A. tion and Request: Vacate ten foot utility ease t with orthern boundary Lot 2, Block 2, Sunk ubdi- vision t 1694 KRD). Being within Sect 6, Township 5 North, Ran 0 West, Seward Meridian, y of Kenai, Alaska. B. Purpose as stated in do • he garage extends;.into the ten foot utility easemen, tility pedestals are located on lot 4, block 2, ju huts the northeast corner of lot 2 and served by un ground line om Tern Place. It doesn't appear a any utility lin est of the pedes- tals. C. Pet' ner(s): Housing and Urban Development, A-Mbbiarage, ska. II. A. Location and Request: Vacate ten foot utility easement within easterly boundary Lot 12, Block 2, Thompson Park Subdivision (plat 1047 KRD). Being within Section 6, Township 5 North, Range 10 West, Seward Meridian, City of Kenai, Alaska. B. Purpose as stated in petition: Because of small lot size, the easement makes installation of a DEC approved septic/water system difficult. In addition, there is a ten foot utility easement on the adjoining lot. The area is well developed with utiliities presently in place in the street Right -of -Way. C. Petitioner(s): Alaska Housing Finance Corp., Anchorage, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Plan- ning Commission on Monday, December 04, 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 29, 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. 20 & 27, 1989) .. • �•_ - - - .. .' . 4 1.9 ... , art 60 West of tke Scwa 1cr►4/can., Ke►%al , Alaska. 0 %cL beau; a S:e►lg of the KcAa, Spur Hi9Hwe+.{ , Kenai. , At,lmsh t• _ I - ,. y t go o ° o G4- e_N y • o . 5- 9Y•r-�,V I OVA IL r Y - �I. -1 � ' �a � 4• � II ��o. !k at 0Y )o `,O`J• j-• I � .... �� 1 Sv N/ 4.3�:'J ^ i 2�4r9u , 46 ,�fv / 3 ..• . / g F/ 1 yP �•(�s �r�,. �.s �a 4 I 1 .� �6 ./ �4'•es 2L} �. . �4/ J'Jo-\p Jly; 4, e ` o m �A ".°`' 40 +t4�~ , /' 4.4�y y� he^� ��'ti aar tr Is iE •CF tE tw !/ .K1� �� Iw`'�Sai:<, v' 0 v �'! w a. ,r r A. ' 1 /y%rrt.if '0 b. • �0 1 � � s .,1 : Na ` 1 T * / r � 1 �• =o.'-o. nil � - - � r - - .�``�\\ " O 5° o'O� 1 d ``.�.,`yo. ��/N,C 114.�2 rJ/ IIT.4�-.a /I Y re�,LsY ttll a'P \� 01 'I e o ", F� / o.•i )u E Y we 2o.w.`� rAi nt.aa i rNK �p 6..1 L• 9e.1s%/i 9l.tlti0%--12Y•i! ,_-- . -l)<e� �`\ 4t'�\\/ 01 °j' ✓ 3 y w , / h. ,�• `as.r+ Gµ / ' 9 ' • w %v y �\ \\\.,off c• \ ry. w •is 5 o IS or12 2�'y t �� ]_3..-i,-�s� �.�' 21 ��--- �•-129.ay r f r �iA o�' J 3 •Y o \ \ L.1� � , ta•is ' ��o' � 'ps J' 'p) i . ~•. •e1.4 e N rn `\ � 1 !., v �ii' 11 1 s "'� /O q O I� �• 4 �� a� �l •! • i� '+14 .) �rrS Ir. 10 el'E rhea. ,lw...122•94 .. l � ;1 \!\` I �OG� IJ •P w4.S1 �••' ocw,rloly r1.av to = w plot n .w.�Lr.),•2t[ ff a 1' 3a,ro' nY.41 s(•r•+ No !ri lccc - 1,j 1 .77 1�.�G J SO 1� 110 r 1ra SO r 11C 1 : IrO tt2•ZS--� Ya - -S o' i31 • 2 V L V Curve [ala r /3 y'E R� a►'at �a o VENT A Y aEa�. ♦ i �� PIPES 0 P. 0 s Isetot . . , ,e AS -BUILT CERTIFICATION 1 hereby cerlify that I have surveyed the following LEGEND described properly, LO'P 12, BLOCK TWO 111OMPSON PARK (K-1047) Fit. of►Ical monument and that no encroachments exist except as • Fd.1/2" rsbor j Indicated. O 9et 5/6"rebor • Exclusion Nola: O Well . 1 66 septic vent It Is the responsibility of the owner to determine Record datum the existence of any easements, covenants, or 1 restrictions which do not appear on the recorded subdlvIslon plot. Under no circumstances should any data hereop be used for construction or for establishing boundary or fence lines. WHITFORD'S SURVEYING BOX 2392 SOLDOTNA,ALASKA 263— 4928 Date 1/13/89 Scale 1" - 30' ' Drawn RW w.o. 89-1081 V"� )LIVHMI-17 M. VICINITY MAP SHOWING APPROXIMATE LOCATION OF PROPOSED VACATION All 1,0 YET). J_... � �✓��� l";����, ��._:�%. 4 )Pc RT/oN i i i / `yt J UNAPPROVED juNuTES AGENDA ITEM F. PUBLIC HEARINGS 2. Resolution 89-35; Vacate ten foot utility easement within easterly boundary Lot 12, Block 2, Thompson Park Subdivision (plat 1047 KRD). Within Sec. 6, T5N, R10W, S.M., City of Kenai, Alaska Staff Report as read by Dick Troeger: Vacation of ten foot utility easement within Lot 12, Block 2, Thompson Park Subdivision. Public Notice appeared in the November 20 and 27, 1989 issues of the Peninsula Clarion. Fifteen certified mailings were sent to owners of property within 300 feet; and to other interested parties. Fourteen of the receipts have been returned. Petitioner(s): Alaska Housing Finance Corp, Anchorage Alaska Purpose as stated in petition: Because of small lot size, the easement makes installation of a DEC approved septic/water system difficult. In addition, there is a ten foot utility easement on the adjoining lot. The area is well developed with utilities presently in place in the street right-of-way. Statement of objection: 1. Homer Electric Association states "we have some apprehension about this vacation. Although we do have existing service to Lot 11 and there are lines along Lupine Drive, there is no service now for Lots 12, 13 and 14. That utility easement may be needed at some future time to service those lots. We do not want to prevent development on the basis of some possible future need, but on the other hand, we can't ignore the possibility. We suggest that it be determined that this vacation is an actual necessity before proceeding with it." 2. Patricia Holt of Kenai, Alaska - Letter stated: " We are the owners of Lot 16, Block 2, 245 Fireweed Lane, Thompson Park. We hereby ask that the 10 foot utility easement not be vacated. Homer Electric has stated that easement would be the only way we could get power to our Lot 16 as well to Lots 15 and 14. We are now buying power from Beaver Wood Products, Lot 6, until we can afford the over $7,000 that Homer Electric quoted. We have also tried to get permission from lot owners of Lot 6 and 7 to get power off the Kenai Spur but the lot owner of Lot 7 said no that the lots were to small and that there is a 10 foot easement for utilities. The natural gas and phone are the only utilities presently in the street for these lots." Findings of Fact Surrounding properties may be denied utilities. Vacation is being accomplished by Resolution. Plat is not required. Staff Comments: In view of opposition and possible future need of this easement, staff cannot recommend approval of the vacation. Representative of petitioner is working with Homer Electric Association to 1) see if something can be worked out whereby at least a portion of easement can be vacated to eliminate need to move well; and 2) ensure sufficient easement retention to provide utilities to adjacent lots. KPS PLANNING COMMISSION MEETING DECEMBER 4, 1989 PAGE 9 UNAPrROVED .111INUTES In order to allow petitioner sufficient time to explore all options, staff is recommending Commission not make a decision at this meeting. If petitioner and Homer Electric Association can work this out, a resolution will be prepared based on that agreement. STAFF RECOMMENDATIONS: Hold public hearing as scheduled; hear any one in attendance to give testimony; and carry this matter over until December 18, 1989 meeting at which time a decision will be rendered. END OF STAFF REPORT Chairperson Denbrock opened the public hearing for testimony. Dave Johnson, advised the commission he is working with Homer Electric Association to see if something can be worked out as the staff report indicates. Mr. Johnson urged the commission to go along with staff recommendation and postpone action at this time. Seeing and hearing no one else wishing to give testimony, Chairperson Denbrock closed the public hearing and opened it for discussion among the commissioners. MOTION: Commissioner Kyllonen, seconded by Commissioner Brickey, moved to postpone action on this vacation until December 18, 1989, per staff recommendations. A roll call vote was taken with all commissioners present voting yes. The motion carried. KPB PLANNING COMMISSION MEETING DECEMBER 4, 1989 PAGE 10 1791-1"I CITY OF KENAI %OdG'a4WajI4id""1 -- 210 FMALGO KOW, ALASKA "I"i TOAPHOMIN-7US FAX 907.283-3014 MEMORANDUM TO: Vice Chairman Bryson and Planning Commissioners FROM: Keith Kornelis Public Works Director DATE: December 6, 1989 RE: Vacation of the Ten Foot Utility Easement - Lot 12, Block 2, Thompson Park S/D The Public Works Department objects to the vacation of the 10' utility easement located along the northeast boundary of Lot 12, Block 2, Thompson Park S/D. If this vacation was approved there would be only a 10 foot easement between lots 12 and 11, which would be insufficient room to run future water and sewer lines. Also, with the Kenai Spur Highway going to four lanes, DOT/PF may be reluctant to give all the utility easements along the Spur. The 20' easement between the two lots could be the best way to serve these lots. It may not be fair to the other 21 property owners who have easements should water and sewer need to be brought down the easement. I understand the problem of a DEC approved septic/water system being difficult. The City would have no objection to leaving the well within the easement at this time. KK/jal Kenai Planning & Zoning Commission December 13, 1989 Page 8 C. Vacation: 10' Utility Easement - Lot 12, Blk 2, Thompson Park S/D A.H.F.C. Planning Specialist Loper indicated the addition of the Borough minutes on this item. MOTION: Commissioner McComsey moved to recommend approval of the vacation of the 10' utility easement for Thompson Park, seconded by Commissioner Glick VOTE: Motion failed unanimously by roll call vote d. Corps of Engineers Application: Sec. 15, T6N, R11W, S.M. - F.A.A. Fill Material for Facility Pad Commissioner McComsey stated that this should be done and supports it. MOTION: Commissioner McComsey moved to state that the Commission makes a statement of non -objection to the project, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported on the November 21st meeting including the Dairy Queen situation and the RIP program. On the December 6th meeting, the Maguire rezoning which passed, and discussed the Comprehensive Plan in regard to the Spur Highway corridor. The Council discussed the sign portion of the new recreation zone at length and concluded by returning the issue to the Commission. The Commission discussed the sign issue and decided to hold any action on it until spring. b. Borough Planning Vice Chair Bryson reported on the Borough Planning Commission activities. C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None uofougn Lam Kenai Peninsula Borough 144 N. Bink(ey `F Soldo(na, Alaska 99669 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING December 5, 1989; 7:36 p.m. Borough Administration Building Soldotna, Alaska Janet Ruotsala, Clerk - A G E N D A - City of Kenai A. CALL TO ORD1M 210 Fidalgo Street Kenai, AK 99611 B. PLEDGE of ALLEGIANCE C. INVOCATION: Pastor Don Bradford _. Church of Christ o 7 8 91 ^ D . RILL CHILL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS MV ,�` �? F. APPROVAL OF MINUTES: November 21, 1989 N �Cl Pf ?.� G. COMMITTEE REPORTS 2S (a) Finance (Chm. Sewall, Vice Chm. Nash, f�EZ Glick, O'Connell, Keene) (b) Legislative (Pending Appointment) -' (c) Local Alfairs/Lands (Chm. Brown, Vice Chm. ...- `- •. Crawford, Moock, Mullen, Poindexter, Super- _ man:) _ --._ (d) Public 'Worksi d (Chm. McLane, Vice Chm. Maack Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RZCONSIMM J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. S9_137 -Approving Pacific Properties' f•^^�_ Assignment of Real Property Lease to 'Tesoro -_ Alaska Petroleum Company' (Mayor) -': (b) gas,14 'Baqu,estinq the Alaska Department of ft a tation and Public Facilities to Move Up the Seward Highway Project, Milepost - 50 - i3, on Its Sipe-Yerar Plan- (Skogstad) a _ (c) g. B -Authorizing the Mayor to Award a Contract ftr the Maintenance and Operations —_�:— of ther mid Landfill" (Mayor) t"? _ (d) Res. 89-13a 'Authorizing the Award of Con- tract for 911 Optimization Study" (Mayor 0 -" _ Req. 911 Advisory Board) K. ORDINANCE HEARINGS (a) Ord. e9-57 "Amending 3.04.030 of the Kenai Peninsula Borough Code to Establish Policy ReWding Drugs and Alcohol in the workplace" (b) Ord. 89-SO "Appropriating Advance Funding of $150,000 from the General Fund Balance to Proceed with the Design of the Seward Trans- fer Facility, Closure of Present Landfill and Dike Extension" (Mayor) (c) Ord. 89-59 "Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Gaming Sales' (Glick) (d) Ord_89-80 "Transferring Funds from the Bear Creek Capital Projects Fund to the Bear Creek Fire Service Area Special Revenue Fund" (Mayor ! Req. BCFSA) L. INTRODUCTION OF ORDINANCES (a) Ord_ 89-6 "Authorizing Lease of Borough Property with Option to Purchase Government Lot 22, Section 25, T4N, R12W, S.M., Alaska, (Mayor) (b) Ord- 0-52 "Delegating to the City of Seward the Power to Provide Zoning Regulation within the City and Repealing Kenai Peninsula Borough Chapter 21.78" (Mayor) (c) Ord- 89-91 "Delegating Authority from the Kenai Peninsula Borough to the City of Seward to Make Land Use Plan Amendments to the Seward Comprehensive Plan" (Mayor) (d) Ord. 89-64 "Establishing Three Eagin"r/Paramedic Positions at the Nikiski Fire Service Area' (Mayor E Req. Nikiski Fire (a) Ord- 2.9-i; *Appropriating $110,000 from the Available Fund Balance of the Nikiski Fire Service Area" (Mayor ! Req. Nikiski Fire S.A.) M. CONSIDERATION OF RESOLUTIONS (a) 1R04i 89-133 `Requesting that the Alaska Legislature Pass House Joint Resolution 13 (RJR 13) which would Authorize a Statewide Eldon on the Education Endowment" (Mullen, Poindexter) (b) Res. 89-134 "Urging the Department of En- vironeminal Conservation Permit the Start -Up and Operations of a Fire Training School in Kenai' (Brown, Glick) r (c) Res- 99-131 *Urging the Department of Fish and Gaste to Restore and Enhance Sports Fish- ing Opportunities for Steelhead Trout and Salmon Species Native to the Anchor River" (Brown, Glick) (d) Res- 89-139 'Establishing a Priority List for Kenai Peninsula Borough Projects to Be Funded by the Railbelt Energy Fund" (Mayor) N . PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Or- dinances" (Mayor, Req. Task Force) REMANDED BACK TO COMMITTEE (b) Rea. 89-129 "Establishing Procedures for Set- ting Priorities for the Upgrading of the State's Secondary Roads and Rescinding Resolution 86-129" (Poindexter)REMANDED -TO PUBLIC WORKS COMMITTEE - TO BE REPORTED OUT BY FEB. 6, 1990 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Central Peninsula Hospital Insurance Changes R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (1/2/90) M 12, 1999 Weal. 20, Issue 53 The Peninsula Clarion/U.S.P. 438-414 Ke. * lg%d t .J I il By TIiYItrJMTH HUGER Staff Writer Thelone survivor and the fami- lies of two victims of a triple fatali- ty drunk -driving accident _ have sued Unocal Chemicals, the Kenai merit Inn, the city of soidiotua, the Central Peninsula Sports. Center ;nd its-`manogemeot, the. vightwateb anad its owiew and the nan who drove an ally icated Tony LeMay home Dec. 5, 4:15 a.m. Dec, 5,1987. Mulvihill, 51, 1907. LeMay, 29, died at the scene, and The suit charges the defendants Bruce Altman, 34,'died of his inju- aeted negligently by allowing ries later. Mary Shawver, then 29, LeMay to become intoxicated and a passerW in the back seat of allowing him to drive. Mulvihill's'F"ord Bronco suffered a LeMay was driving a Chevy broken anitle and a fractured Blazer that crossed into- the on- spine. conning lame of traffic about five " . Mulvihill, his brother-in-law miles frown summit Lie Lodge"Altman and his daughter Shawver and struck a vehicle driest by . were returning from Anchorage at Jimmie Duwayne Mnpuiviibill about the time. LeMay was heading toward Anchorage. Mary E. Mulvihill and Susan G.. Altman, repisentatives of the: estates, and wvelr OW the suit{ on behalf of the estaite, heirs and' dependents of Mulvihill ands Altman and an behalf ofShawver,; a Washington resident. Each estate is seeking $$0,ON,' plus punitive damages of at leash So* FATALITY, hack peg* ing at the party. Unocal also • is because, according to the suit, re:' charged with negligence for cards are unclear whether the li- allegedly failing to control and quor license was operated under supervise the caterer to see that it her name or her business' name, provided protection for the LeMay allegedly was seen -acting "foreseeable ' victims of intox- intoxicated before entering the icated individuals." Nightwatch and being served more The suit charges the Kenai Merit alcohol, the suit charges. _ Inn Corporation acted negligently Employees at the bar either knew by allowing LeMay to get drunk. or should have known that he was As a licensed alcohol server, the drunk and should not have been -company should have known that served. ,•,��intoxicated ty suit persons can be dan- . gerous, according to the suit. "The providing of additional al- coholic beverages to the intox- The Merit allegedly knew that icated LeMay on or. about Conflnued,bom pop 1 LeMay was drunk, but failed to December 4 and 5, IW7, represents ensure he was sober or control him " a gross deviation from the stan- triple the award for actual dam- after the party, according to the dard of care placed on a beverage ages, attorney fetes and any other suit. dispensary licensee pursuant to relief the court doom appropriate. The suit also charges that the Alaskan statutory structure," the Showeris the samae. Merit failed to prevent intoxicated suit charges. "Said .gross deviation �g LeMay, a vocal employee, , individuals from driving hoarse and is an act of negligence and breech allegedly of * nk at a company' failed to provide ways to ensure of statute which places this defen- party hel at the Sports Canter. sobriety by the end of the party. dant licensee in a position of re- SekW a awns the facility; Rink Negligence on the part of the sponsibility for the cause of the Inc. operates W. The Komi Merit Merit Inn was the direct and legal automobile accident." Inn catered the party, providing cause of the deaths of Mulvihill and The suit also alleges that the food and ailcob+a#, according to the Altman, the suit charges. bar's actions were a "gross devia- suit. Soldotna and Rink Inc. were tion from the standard of care in After leaving the party, LeMay named in the suit for failing to that reasonable persons would ' went to the Nightwatch, a Soldotna provide "standards, requirements, observe when confronted with an bar, and anagodly was served regulation, security or supervision intoxicated individual." more alcohol; despite displaying of events where alcoholic bever- "Said acts and conducts of these evidence of intoxication, according ages would be freely flowing." defendants, in concert with co - to the complaint. - ' Soldotna either knew or should defendants' acts and conduct, are While at the Nightwatch, LeMay have known that party goers can the direct and proximate cause of met Brad Fratus, an individual get drunk and often do, creating a the death" of Mulvihill and Altman named in the suit. The complaint hazard to the community, actor- and the injuries to Shawver. accuses Fratus of encouraging, ding to the suit. Fratus is accused of acting consenting to or supplying LeMay Rink Inc. is charged with negligently by allowing LeMay with more alcohol. Fratus later negligence because it had the right drink more at the Nightwatch and drove LeMay home. LeMay later to supervise the event, according for leaving him at home with ac- drove toward Anchorage and the to the suit. The management board cess to his truck and truck keys. eventual accident. is charged with negligently failing Together, the complaint con - The suit charges that Unocal to monitor and supervise the party eludes, the defendants demon - knew or should have known serv- and with failing to act when ex- strated "knowing and intentional ing alcohol could result in intox- cessive drinking took place, ac- disregard for the safety of the gen- ication among party goers and that cording to the suit. eral public" and "wanton and the company acted negligently by The Nightwatch and its owner willful disregard for public safe- INFO 3 Ne of The GwWw SdAd" Chamberof sae .................». ' 1aaGi!e 18.......i dewtsloer 1989 Tit?lf!'RISM TRAftsl NG ©ppoftwm os to BetterMOW Ytaour m" to the AW4. visiloto, How toy Tod a14 vantage of aovemffw Tourism Programs and -Ww to Motivate Employ- ees in a Service Buss - ere all topical seminars at- fered by the Alaska Vifol- tors Association during December, January and February statewide at vary - Ind locations around the state. For, detailed Infor- mation Contact the Alaska Visitors Asssoclaton Office at 276-6663 and speak to Tina or (Karen. Opening Skyview School? A topic of great inter- est to Soldotna resi- dence is the question of whether to open Skyview School. Parent Advisory Com- mittees for the Soldot- na area will be meet- ing on December 11, 7:00 PM at Skyview School. Those inter- ested in this issue should attend the rrs oft *4 ew the new school sal at the same t1mo. CHAMSERS OF COMMERCEs The modern Chamber of Commerce move- ment trans Its orlr in to seventeenth century Maaltrseilles, Franco farmed to represent the commercial Itnterests of that Maditarranean seaport. Nearly a century later, the British formed the second Chamber of Commerce at St. Helier on the Channel Island of Jersey. The first American Chamber of Commerce was chartered in 1770 in New York City. By 1870, chambers wore operating in 40 major American cities. In 1989 approximately 5,000 loc l and stag chambers were in oper- ation acroi�$ the U.S. Major U.S. growth has occurred In this 20th century. For over three centuries, businesses and professional peo- ple have joined together in chambers of com- merce to shape the future of their communi- ties and the world. Be proud that you are pan of such a prosti- Nus word wider ef- *K Fro"Vtlti Of Trees Seven beautiful entries Waced the Penlroula Cen- ter Mall for sic days heraid- bV the apprasach of anoth- er yuletide season. Our Clot year at presenting this ;*W* t and we look for it to be a long term protect that may spread to - Ywicus commercial lo+catiorra. Without Central Peninsula Lid, contribast on of sdOW- ty service, slarxNonli and the, help of ldd Manager Kevin Johnson the first' ex- hibit probably wound' not have taken place. Judging was extrern ly difficult, re - suiting In small point spreads between places. Fft Ammer and grand overall was awarded Faster Construction Com- party, kathy^s Flowers re- oelved commercial second and Sew, -Alm Fiat fond 11". First plane individual went to the Maack family, second to (Wine Strahmrnann and third to Sharon Wk. Entries and judging forms were void of name identifi ildotna Chamber Shard Action: "Board Action: Authorized the Executive Director up to $3500 to computerize Chhambees amounting function "Agreed to leasing the Bingo Hall concession stand to D & D Taco **Authorized Chamber participation in the February 1, Anchors Away Boat Show in Anchorage cation; markers were placed at; oampietion of judging. We thank our first brave entrarift for voritur ng into ibis Christmas even and we look filIv yet more tins in the Second Annual, Fes0val of Tout. NEW BUSINESS DIRECTORIES 1989-90 Chamber Business D10octories hake been mailed to the membei i . We hope you .like,_the now format and fiend the. pocket, size handy. This year's data bass has been completely reworked. We request your pa- tience and assistance in working out any flaws. Please contact Cindy or Kathy at the Chamber with changes or corrections and thank you for helping us make this the best ever Chamber directory. CHRISTMAS LIGHTING BEAUTY AWARDS Beautification committee members have or- ganized a Christmas light contest with first, second and third place awards. Judging will take place on December 20 - entry deadline is January 19. See this newsletter for contest insert or the Peninsula Clarion will be print- ing a coupon entry for Kenai and Soldotna season contests. PIP t JEFF KING, CIPSA PRESIDENT AD- DRESSES THINK TANK '89 Think Tank attendees, although sparse, were adament about sever- al visitor industry mat- ters. The sessions were ably led by Pres- ident - Elect Ginger Steffy who will file a full report with the Board of Directors soon. This years ses- sion focused on the Chambers role in con- ventions and meet- ings; improving rela- tionships with our local government; Progress Days (com- merce and community orientated). Key con- clusions and recom- mendations included the Chamber man- aging visitor industry needs for indepen- dent travelers, con- ventions and meet- ings rather than form a separate conven- tion and visitor bureau. City Manag- er Rich Underkofler participated actively in discussions about tourism develop- M, ent. *TheCity of lootins is, your ally d partner for de- yeippMinip tourism" d r. Unclorkofler. jo#y presented a OR delmeanstrating the turn over of new dollars In our econo- my generated by Visitors. Vearly, : tourisrn lead the list of Soldot a'e devel- oping Industries. Progress Days placement and ac#v- ities dominated dis- cussions resulting in a now effort to con- sider August instead of July to enhance further grovdh in the silver salt on sports fishery and expand the visitor season. Chamber Directors will consider the rec- omme,ndation of the Think Tank at future board meetings and the Directors Janu- ary retreat. (Correc- tion: last month's ar- ticle announced Jeff &md{y Meutdsy Zu�ady Ye ineaday ttwrsdsy After Chamber Bingo 2pm Superstructures 3 Afternoon Chamber Bingo 2pm Superstructures lie Afternoon Chamber Bingo 2pm Superstructures 1 No Sunday Bingo due to Christmas Holiday Ed i Afternoon Chamber Bingo 2pm Superstructures FIF Chamber Days CHI LUNCH: To be armed Bingo 7pm Superstruotures Soldotna Area CHAMBER LUNCH: PAC Mtg 7pm at Santa Claus and the Skyview School SOi Swkg Chat- Bingo 7pm Superstructures NO CHAMBER LUNCH Christmas Decorating TODAY Contest -wing Bingo 7pm Superstructures camber Office Closedt NO CHAMBER LUNCH Merry Christmas TODAY Bingo 7pm Superstructures SIN N XI III 0 Frilly _ Ssfurdi y Board Mig lam Kenai Pen. Chapter Mykel's AV mts in Horner. "Slick Starts Here" Holiday Extravaganza 9prn Mall "ia1 Board Mtg-Certify Board Elect Board Mtg lam Mykel's Future dates- Jaeeerij 6 bliss Seldotse/Hiss Kenai Peninsula-KCHS isnuarrj 12 Seltetse Chamber Anneal Avsrds Banquet Jonuarij 26 Soliretne Cbember fterd Retreat 0 9 i® EE O OW ,tff�CFAAGEIR Dec. 2 Kenai Peninsula AVA Chapter mts Homer, 1 Oam--Forum: So- lutions to Regional Tourism Program Funding; ~The Buck Starts Here" Dec. 4 Holiday Extravaganza -Central Peninsula Mali Dec. 8-10 Alcholics Anomonyous Confer- ence, Sports Center Dec. 31 Popp Teen Dance, Sports Cen- ter. Free skating 7- 1 Op.m. at Sports Center 14AS DECORA71MG CONTEST ,neater Sioldotna Area -ntal and Commercial Categories Prizes: I st $50 Cash prize sponsored by 13t ftfi*8611 ft*k Of 6061100r"C Soldatna Branch 2nd Lunch for two Bull Feathers 3rd 221b. Turkey from Safeway $50 Cash prize sponsored by Ist Natfaiml Bersk of Awborop Seldetne Branch Lunch for two at Bull Feathers 22lb. Turkey from Safeway TO ENTER COMPLETE THE ENTRY FORM BELOW. JUDGINGWILL TAKE PLACE ONWEDNESPAY, DECEMBER 20, 1909.1ENTRIES FORMS FOR JUDGING WILL BE RECEIVED UNTIL TUESDAY, DECEMBER 19, 19!8,9 AT THE SOLDOTNA CHAMBER OFFICE, BOX 236, SOLDOTNA, ALASKA 99669 or BRING TO THE KENAI PENINSULA YISITORCENtER, 44790 STERLING HIGHWAY, SOLDOTNA,ALASKA. [ I Residential Address of Entrant: Name of Entrant: Phone No. of Entrant (if Known) Your Name (If you desire) [ I Commercial Note: You may enter your own residence or business. Call Soldotna Chamber if you nave questions 262-9814. Happy Holidays! ,Pl. AI' FJORDS TOURS; INC. Box 1889 Sm aW, Abwka "664 (907) 224 or (907)224.3668 , So�dotZa Chamber of Commerce ayr,:P.0. Box 235 rSold cL:.a, Ak. 99669 e • • r� 5 Nov. 10, 1989 :Dear Chamber of Cor rerce1 Members '.FCenai Fjords Tours, Inc. extends a Thank -you for your past "par onage and we look forward to serving you in the furor= _ s our pleasure to announce that we have contracted for -' a nee; vessel and will take delivery in June 1990. The "Fjordland" will carry 150 passengers with ample room for r:`asser_�2rs to choose to be under cover or ou:3oors on the •a:cc walk around decks We are looking fcrward to our 90 season. nave a Wonderful Christmas ! aere_y Dc n x 2a- Oldow and Jack & Sheila Scoby 0*,I,- King, President of Cook Inlet Professional Sports Fish- erman's Associaton (CIPSA) as the key note speaker. We were wmated in our ststerr nt that CIPSA repre- sents the over 300 registered guides on the Kenai Riv- er. The organization has in excess of 70 members. Chamber Today regrets the error). Director's Spotlight John Vaughan is beginning his third year on the Chamber Board of Directors and serves as Soldotna's Alaska State. Chamber of Commerce repre- sentative. A long time employee of Homer Electric Association, John is presently the manager of operations. He is a member of the Kenai River Advisory Board and has a strong interest In Kenai River King Salmon fishing. He volunteers a good deal of his time to the Chamber having chaired 1989 Progress Days Open Air Faire, worked dili- gently on the State Chamber and AVA Con- vention bids as well as installing the lighted Christmas decorations on Soldotna light poles recently. John is married to wife Don- na and has three married children all living in Alaska. John and Donna came to Alaska from Ephrata, Washington in 1968 and once owned and operated Nero's Delite Ice Cream Parlor in the Kenai Mall. Applause is in order for Christmas elfs* Bet- . _£ ty & Jim Harris (J. g Starr 'N Look) Con- nie and Scott Davis •. and, company who in- "TlhlU1IBS stalled the aenail . up, nInsuits V1101t;or Center chrisltfnas lights on Thanks Iving Day. Christmas arrived to oldotna rig 'at on schedule thanks to John Vaughan and Freak i llhargey who volunteered time and equipment to install the lighted Christmas decorations on street poles. Dave Bunnell, City of Botdiotnai and city crew are appre- ciatl for their assistance in energizing the poles and organizing the project for future years, Peninsula Center Mail manager Kevin Johnson and the Mall Merchant's As- sociation assisted in a big way launching our first annual Festival of Trees. Thanks for help -and support - thanks for the donation of security service to monitor our exhibitors contributions. Mavis Blaay and Connie Da- vis have put together a nice Christmas light- ing contest this year. Fred Braun, Old Town Trohples, thanks for donating the engraving on our "Festival" plaques. Ikon Nason, Alaska Intercity Line has agreed to provide complimentary transportation for the "'Buck Starts Here"tourisrn forum Satur- day, December 2. Hat's off to contributing and supporting businesses. Chamber is much improved by your positive contribu- tions. A $100 was recently received from Fish Hawk Charters specifically donated to the Chamber to assist with costs of a6er- tising in tourism publications. We did just that and bought an ad in Alaska Magazine's February vacation planner addition. More contributions would help. HAVE A MERRY CHRIST AS & A H'IIAPPY NEW YEAR, Ted Grainge A dear friend to the Soldotna Community, Chamber Board Director Ted Grainge passed away fioallowing hoall by-pass surgery in, Aochorslge, Thursday, November 30, 1989. The Chamber expresses it i l opeo sympathy to T$Ws wife Amy and their children and grandch0dren. Ar- rang*O.Wft We puling and will be announced through the Peninsula Clarion. In honor of 'yam 00""s, support, time and love shared with us as individuals and In the interest of SoWhs overt thirty years in our community; the Chaff of Commwas DaWo lot Directors has cmmooliol' atheiir board rye ing Friday, December 1 an tle Goneral Noel W001mm most- laq or T rnber S. 1059. Win request that milm*00 roaso OW celebrate the life of this wonderful individual we were afto so fortunate, to know. GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 238 Soldotna, AK 99669 City of Kenai Magog John Yi hams 210 Fida* K"i Alaska 99611 BOARD OF DIRECTORS President Phil Turkington Vice President John .................... Vaughan Immediate Past President ..................... Valerie Edmundson.............. Secretary Jan Moore ........................... Treasurer Mavis Blazy President -Elect Ginger ......................... Steffy ....................... SamMcLane ........................ Ted Grainge........................ Frank Mclihargey.................. Dave Keating ....................... TomJanz ............................ Mike Sipes Executive Director Kathy .......................... Scott ......................... Office Assistant Cyndl Ware Bookkeeper Loretta Lunn DEIC W9VL itii. P -0 BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK Insurance Cache .................. 262-4425 Horner Electric Assoc ............ 283-5831 National Bank of Alaska......... 262-4435 Freedom Realty .................... 262-1770 Laurawood Arms .................. 262-4591 Kenai Peninsula College...... 262-5801 McLane & Associates........... 283-4218 Retired ................................ 262-1565 President Soldotna Seniors. 262-4587 Freedom Realty .................... 262-1770 Pay 'N Save .......................... 2162-9324 Mykel'siSoldotna Inn............ 262-9169 Soldotna Chamber ............... 262-9814 TO 00 TljxsT WC)al< sassxaw - r)MaMMaMI:;,- 4, 1989 KI-714-ZLX ax!r"Isr aaUINTaXT-i 1. Brown - Draft ordinance for initiating ambulance user fee for introduction at January 3, 1989 meeting. rNF*O 5 TO DO L = S T DECEMBER G , 1.989 KE NA = C = TY CO U NC = L 1. Kornelis: Check with DOT to determine acquisition of ROW for Maguire area. 2. Planning Commission: Continue work on 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. 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. sn(FPO b 9(a) ai Commatzity L.i&a'ty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASiKA 99611 REPORT FOR THE MONTH OF NOVEMBER 1989 Circulation Adult Juvenile Easy Books Fiction 857 211 869 Non-fiction 1548 207 198 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 127 16 23 -- Purchases 151 46 133 6 Total Additions Interlibrary Loans Ordered Received Returned Books 50 43 42 AV 21 21 21 Interlibrary Loans by our Library Books Films AV 47 21 26 Volunteers Number .. 14 Total Hours .. 282 Income Fines and Sale Books Lost or Damaged Books Xerox Chamber pot 3890 491 4381 166 336 502 851.65 211.50 393.50 10.00 Total Income for November 1989 .. $1,466.65 _ enai Community .l'd axy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued November 1989 Kenai 94 Anchorage 3 Clam Gulch 1 Cooper Landing 3 Kasilof 2 Nikiski 12 Soldotna 46 Sterling 5 IVT.1 Library Patronage .. 5,040 Persons L/ ' • _ T KENAI COMMUNITY LIBRARY _ 01 DEC 1989 MONTHLY MANAGEMENT REPORT FOR NOVEMBER 1989 O BRANCH - - Kenai Community Library Q OVERVIEW - *arrat,tr © NOVEMBER OCTOBER Y, CHANGE NOVEMBER Y. CHANGE 1990 1939 Y. CHANGE 1989 1989 LAST MO. 196'8 LAST YR. FISCAL-YTD FISCAL-YTD sFISCAL YR. C: CHECKOUTS -------- --- 0 First time Renewal Phone 4389 163 4365 -9.7% 4513 -2.8% 25241 21617 .+16.8% Renewal 293 220 311 +35,8% -5.7% 108 +50.8% 611 360 +69.7% _. O---- ---- --------- 190 +54.1% 1397 798 +69.1% 4845 5296 -8.4% ---- 4311 -------- +0.7% =--------- 27249 - _ 22775 ---- +19.6% # OF PATRONS 1676 1926 -12.9% 2021 -17.1% 9775 . • : - C 5637 +1.4%, .. ._ - - CHECk.INS 4 Normal Late 3,1167 1181 3749 -1S.1'/• 3398 -9.8% 19298 14913 +29.4% - 11.47 +3.0% --_------ 1191 -c-- --0.8% ---_---- 5989 4740 +26.4% , C_ . U 4248 4896 12.1% 4_-29 7.3% ---------- 25287 �.--------- 19653 ----+28,7% ' L HOLDS U Placed Cancelled 44 *44 vy.0 11F +131.5% 253 74 +248.6% L Picked uo �. 15 9 14 -33.2:'S +7.1% 7 5 -14.3% 43 23 +87.0% E:spired 1 _ +199.9% 103 11,?+442.1% ---- -------- 2 ---------- r^ 1 ~~' 67 -1.4% 31 +112.9% Styr. ---------- 116 ---------- OVERDUE NOTICES First Second 3iE. S2 26 1 `_',1 +21 . ! ! 44i8 _?? . 6 % 1 aklZ 1540 -3.4% Thera 1 +fi.A.8% 112 -2E•.8% 340 332 +2.4% U Fourth a 1 Ij , fil'6 0 3 0 Final 2 _ ---- 0 41 ---- -38 3:: --------- 50 ---- -`_ y .0'G --- 0 193 0 56 1�� +23.7% !• 5T� -c5.5Y. 1938 202S ----- -4.3% F'ATF.QNS REGISTERED ].84 2 15.9Y. B,3 -39.5% 1115 1850 -39.6% �i TITLES ADDEDI 11 +163,'15% 105 142 +30.3% �i ITEMS ADDED 21 639 -Fc •a% B''•, _45 •3% 2481T 161 :, +53. JN _. r KENAI COMMUNITY LIBRARY 01 DEC 1989 - MONTHLY MANAGEMENT REPORT FOR NOVEMBER 1989 -------------- BRANCH - - Kenai Community Library OVERVIEW -' NOVEMBER 1989 OCTOBER % CHANGE NOVEMBER % CHANGE 1?'30 1989 CHANGE`.. ---- 1989 ---- LAST MO. 1988 --------- LAST YR. FISCAL-YTD FISCAL-YTD FISCAL YR. MONEYSLEVIED ---- -------- ---------- ---------- 7- ---Fines Lost Book, $602.30 $758.85 $391.30 +53.9% $372.95 +61.4% $238?.55 $1891.60 :+ 25.2% Damaged $566.00 + � 34.1'/. $._27.00 +43.9'/. $323y.7ua $i-54 +•��iD +1(n .6% Fees $57.80 $381 .80 ---- _ -24.8% $46._0 --------- +24.2% $0.0`� 1 $751.53 $`� •00 $483.42 +=�,5% $1418.95 $1339.10 + b.t'�% 3'?46.45 +49•9% _____ $F��9 78 _______ --- $�aa ------1' MONEYS COLLECTED ( Fines Lost Book Damaged t, Fees l_ MONEYS WAIVED �. Fines Lo3t Book Damaged Fees sti- +122a9400.0/, $232.10 $0.35 $207.33 +11.9% $344.50 -32.6% $1115.68 $1176.85 -5.1% $60.10 -99.3% $29.40 -98.8% $76.30 $32.45 +135.1% $127.40 $104.30 ---- +22.1% ----�---- $96.80 ---- +31.5% $0 , G}A $371.T3 $0 .00 $141.45 +162.8% $359.85 $371.73 -3.1% $470.70 ------- -21.5% ---------- $1563.77 --------- $1350.75 ---------- $16.35 $35.00 %?5.70 $47:00 -54.1% $10.00 +63.4% $305.0 0 _ $5,3 24.5 -41.72. -25.4% $7.60 +360.4'/. $262.@0 $7.60 +3347.4% $116 45 $222.15 __ -_ 47_5%- $30.80 +278.0% $Q .910 _ $768:95 $0 .00 $128.55 +4?8.2% $167.80 $304.85 -44.9% $48 40 +E46.7% $1335.95 $660.50 +102.3% KENAI COMMUNITY LIBRARY 01 DEC 1989 MONTHLY MANAGEMENT REPORTS FOR NOVEMBER 1989 BRANCH - - Kenai Community Library - DESCRIPTION NOVEMBER 1 yg•� BOOR: 3469 AUDIO CASSETTE 48 CAMERA 0 CURRENT PERIODICAL 201 ALASt."A DOCUMENTS 0 EQUIPMENT 11 FILM STRIPS �l GAMES 0 GENEALOGY 2 JUVENILE KIT 20 JIGSAW PUZZLES y KIT 3 MAP 0 MICROFILM/FICHE 0 FILMS 0 MACHINE READABLE DATA FILE 0 PHONODISC 41 PAMPHLET 3 PAPERBACK 219 PLAYERS 0 REFERENCE I RENTAL BOOKS 329 VIDEO CASSETTES 31 VERTICAL FILE 0 TOTALS 4387 Ml�f 4iE if if iF 3t 1FlkIk lF Mif #iF iF 7f iF■#iF IF It if if .• ITEM TYPE CIRCULATION REPORT rsr�r�s*a�r��r+r�+*arrr**r►r��rx . OCTOBER. %CHANGE NOVEMBER %CHANGE 1990 1989 %CHANGE NOVEMBER 1989 LAST MO. ------- 1988 ---- LAST YR. -------- FISCAL-YTD FISCAL-YTD FISCAL YR. NEW 3800 -8.6% 3648 -4.8% ---------- 19908 ---------- 17662 ----+12.7% 83 74 -35.0% 52 -7.6% 352 316 ti 174 +15.5% 0 174 +15.5% 0 657 1 424 -93.9X +55.0% 36 y 22 -49.9% 0 1]. 0.0% 4 8v 1 69 +300,9% 1 1 -99.9% 0 3 0 +27.5% 0 6 -99.9% 25 ` 55 -54.5% l 11 -81.7% 13 -84.5% 33 41 -19.4% 16 +25.0% 0 43 0 15 -39.9% 22 -59.0% - 73 91 -19.7% ) 5 -39.9% 0 55 0 -- 0 2 -99.9% 7 -99.9% 29 50 -41.9% - - 0 0 0 0 20 +105.0% 100 -58.9% 212 274 --22.5% 1 ) 0 224 -22.8% 0 120 +82.5% 6 1698 9 694 -3-3.2% +144.7% 11 ' 3 -66.6% 7 -85.6% 11 17 -35.2% 20 394 -16.4% 313 +5.1% 1900 1680 +13.1% _ 55 40 -22.4% 20 +55.0% 126 105 +20.0% e j a a A � .. ---- 4861 -------- -9.7% ---- 4493 ---_--�- 2.3% ---------- 25223 21439 _.. +17.4% 215 - 7 ;J C1 n KENAI COMMUNITY LIBRARY 01 DEC 1989 MONTHLY MANAGEMENT REPORTS FOR NOVEMBER 1989 -ssszxxssaaax:axaxszassazaxazsxxxxssxsazaza===== BRANCH - - Kenai Community Library - +r+rr*rsrrr�r+r*rr*a*r�r**�r***ass+t PATRON STAT CLASS CIRCULATION REPORT C7 DESCRIPTION �1 ADULT (19-64) Q ANCHOR POINT RESIDENT BUSINESS CLAM GULCH RESIDENT () CHILD (--TO 8) HOMER RESIDENT INTER -LIBRARY LOAN G JUVENILE (8-13) KENAI CITY RESIDENT KASILOF RESIDENT NIKISKI RESIDENT TEMPORARY OR NON-RESIDENT OFF THE PENINSULA RESIDENT ( ORGANIZATION SOLDOTNA RESIDENT SENIOR CITIZEN (65 AND OVER) L, STERLING I KENAI COLLEGE STUDENT WILDWOOD CORRECTIONAL CENTER YOUNG ADULT (14-18) i c.. C.. . L• NOVEMBER 1989 OCTOBER %CHANGE NOVEMBER %CHANGE 1990 1959 %CHANGE NOVEMBER 1989 ---- LAST - MO. ------ 1988. ---- LAST YR. ,-FISCAL-YTD -------- FISCAL-YTD FISCAL YR. NEW . 3015 0 3319 0 -9.1% 296O +1.9% ------ 16373 ----- 14109 +16.0% 117 0 0 0 0 _ .. 37 -99.9% 21 45 -53.2% 0 8 +162.5% 0 1k+4 0 31 +235.5% 1 575 0 679 -15.2% 428 +17.8% 3934 2849 +32.1% 15 54 0 46 +17.4•l. 5 32 -99.9% +68.8% 0 229 21 -99,9% 378 3t•3 +4.1% 495 -23.5% 25^c9 24µ2 +,+6,�% 2323 115 2530 -8.1% 2424 -4.1% 12834 11624 +10.8% 20 , 82 736 135 978 -14.7% -24.7% 170 -32.3% 1003 657 +52.7% 2 1 2 -49.9% 71?2 -7.0% 5281 4153 +27.2% 20 13 -66.6% 1 0 0.0% 122 4 +2950.0% 3 0.0% 0 127 125 +1.E.% _ 2 . 816 38 719 +13.5% 4.27 +30.1% 12 3549 0 2791 +27.2% 1 36 33 76 -49.9% 64 -40.5% 406 41 ) .. -0.9% 4 67 -5�:+.7`/. 49 -32.5% 241 15'9 +511.E.% 3 0 1 +^300 , �% 7 -42 . c^• % 74 16 +362 .5% 202 1 240 -99.9% -15.7% 0 2 0 Q) +1.0% 2 1054 5 -��.ay 760 +38.7% 15 t:ENAI COMMUNITY LIBRARY 01 DEC 1'?v9 MCiNTHLY MAN AGEMENT P.EP•ORTS FOR PIOVEMPER ! •?a9 ------�===aaasaaaaaa=aaaasaaasaaaaa aaa.aaa===aaa BkANCH - - !.?n=1 Community LiCrary - PATRON TrPE CIRCULATION REPORT DESCP-sPTION NOVEMBER OCTORER %CHANGE NOVEMBER %CHANGE +i 1--- LASTMo.1 1?88 LAST YR. FISCAL-YTD 1989 FISCAL-YTD %CHANGE FISCAL YR. NOVEMBER INTERLIBRARY LOAN 3Q+ --- ?g ---- --- +CVN.i9`/. ?F_. +1�.4'/. ---------- ---------- NEW --- NON-RESIDENT 15 18 16.6% - 15 1 ^•2 +212.5% 3 ORGANIZATION 1 1 15 "''`0f -26.6% 10 2`3 345 -25 . 1 RESIDENT 495 557 +16. u�'/. -11.0% 744 -23.4% 51 % +24.7% 1 i RESIDENT RENEWAL 1683 1257 -13.8% 1174-7.7'J. 21 37�1 -•2µ,7% 111 STAFF 9 1Ch -9.9% 3 +12.5'/, r,J21 _225 5142 +21.1% 60 VOLUNTEER 3^ 0 44 -24.'?Y. 44 -24.9% -22.7% 212 33 TOTALS ---- ---- -------- 2 '21 -17.9% �---------- 9775 ---------- 5F_•37 1 4% 184 f - _ I' "IDir I r'cf fwwrm-+SM.@r00DTrtr„yti�prT I a• :Z> 1 Q I .. 03ODmlrwrU? Y?mmRld•ru s N!r• MJ I -, _co-I-(U + MAlrurri +-+-.N+.)T I -• ` 4: ••; 1 1 1 + + +•+ + + + + + I 1 1 + '• ' 1 1 in03 I ,. 1 - T V r, {r•O I @@rill@rrrT+ST•i,@-+-+d-U)wor. @ I In W m wF I NN75.7Y1y-+TNTU?77N7 1 I� G lTr > I N r N T '+ m 't• Y? QD r0 N .. to ., 1 r + I I -+NNNNNN.+•+.+ @ Q I I N 1 • (n I IL 1 x L w Yz rat O w LL ti•G 1 @ W m•S, SNd• W d'd•U?Nrmw;00 1 0 0••F- 1 Ntt-•0).4D0q•1-7M0 4N 1 t T> I � C,-w'r W-crd.0 1 N -+ m m rI rr > a i I N -1 -1 I Ct Q ul oO I 1i W • I xxaaxaaaaa: Tax I x r- a> I d'N-+c laruoMco. vNY?mr- 1I 0 xF- 1 01OD0 1 NN-++ 1 NIU..'t0r 1 + AQI III ++I ++I+•r I + JI I xw I WOO I d ;r MT N-+C•C++rd d -+ It7 d I .+ OUT I Cf1TNw@w.Gu� .+Nd VM.DY?•t�7MN-• I .+ 1 r0 I •• 1 d W 0 z W • I aaaaaaaA•aaa aax I x zE 1 T.Ls@Md'MrMRt +0 Ddt I d a I m-..;s+ooY?%nvcrODY 00r, i ao XI-1 T.r•wwN-+.. I N I rcr i s 11 r t 11 1 I I+ I I ++ a + I • J' I I Nr�YId'�'J?I�r?+iD 9•TSrNrrN �•crti0d'n•ifOD.LMNN mrIt wm r-w0 III Nrd &-"•rwd•-ar d•Y?crY'i.Dwnmww 6@S9�ss•�sSSS•6S�Q�S•T9'Su+@@ %prw(rk0 n) NMcrV)Wr-ODT@-+N III aI d N d .t- •r Y-. Ir U? to ••• I- I 'S S• N s. r4 -. -+ r •i' o G' •S S' Y •L (0 r) d' Un m II Q:I tJ1 I II IL 11 I SM0Mvo,0m•i+rr G. s II T. It I -• •rum..-+ q m IL I n -� 1 _r I fi-+NU'•r- Ncom•s.d'ai,.c. q r. x I (f) -1 111 - (i (u II IS. 1- 1 11 nl 1 01 s N ,;, -jN y — r- N in ..c. s• r _- q r. W I -• -+ N N -+ N --� -+ -+ q -P n W 1 S 'S Ol '7 N r- fr. S. U'• r- U"• ' ' r '1' II U". D 1 -+-— (UNruMrufll -+ II (U 1- 1 It ru I z 1 .. - d a, 0 111 rr I'- Cn 'S r) - rl -+ 11 ca 01 -+NN- COfi! mC1NN + II Y? L 1 rl N 1 z I S. t^s 5, 5• .g• .S: g, 0 S: S. y s. C- s. 11 n 1 11 N I II q vW. w Lr fn L> * S, T. S, 0 -S. r.- S, C..S.... g, .'l .y,S. m u* n•tlrwT©..N-.NmdnirwT•s.. oa* incr.n-•N�nim�u�,:lroor• O O 0 O O C O V V 0 V k'ENAI COMMUNITY LTBRARY MONTHLY FORT ACTIVITY REPO;;•T FOR NOVEMLNER 193'? ERANCH - - r+c--.a -------------------------- _.i Communit•, ----- ----- Libr3!-v - CHECKINS NOVEMBER OCTOBER %CHAhIGE E Ohl DEC 1989 -' 192y LAST MO. NOV-MEEK 198_ %CHANGE LAST YR. 1990 FISCAL-YTD 1989 %CHANGE ^` --- FISCAL-YTD FISCAL YR. :. ' 00- 7 vilih 0 84 -99.9% 13 0 -58.3% 8:010- 9:00 6 -86.8% 273 7y 4% 7 517 9:1h0-10:00 2,y .,1 21 1 +9.0% 359 .4•!. -38.9% 515 1512 802 +88.5% it+:khlo-11:c,VI ll:vla+-12:tho 31,r4 564 -46.0% 52-1 -42.2% 1324 2666 1186 + iC:u+lj- 1:Ni+ 423 p 525 -13.�% 35G a +17.5% �755 2436 4'� +9�6% 1 2:00 381 5.J 1 = -24 -27.2'1. 481 -20 .7 % 2469 2043 2943 7% +20.9 +20.9% 2:00- 3:01h 522 ctb +18.2'/. +0.6% 545 +0.•?% 070 3078 2228 +38.2% 3: d0- 4:17 425 425 _•19 618 0 1 % -3,1 412 577 +26.7% 2759 2020 +36.6% 4 :0/h- S : G.14h 40i . +26.4% 498 -26 .3% 2627 2220 +18.3% 5:v1m- 6:1%+0 40�7 = 2J2 +51.5% 252 + 1.81. +61.5% ,+ 2403 1982 . +60.9% ) bail- 7;v141 232 212 +9,4% 162 +38.1% 1530 a g 82 +34.9% 8:_- ala u• :00- 9 : car, 156 yo 102 +-a . 9 % 82 y 6 2 731 410 +68.8% 9:@0-1ci:01,h 42 23 _ +425.0 3 +130/h.0%. 157 60 +E.B.E% +161.7% ) l0:00-11:00 23 8 +10-7.5% 11:00-12:00 ! 1 -99.9%. 1 0 _ . 0 4 48*96 13. 1 % 4589 -7.3% 25237 19653 +28.7% _) NOVEMBER 1989 GAILY AVERAGE SUN MON TUE WED THU FRI SAT HOURLY TOTAL -) s r r r a i11e +t * it �r • --- --- 8:09- 9:00 i 6 2 9:01h-10-00 22 25 6 4 16 10:00-i1:a0 13 16 13 g ca 7 J 72 11:00-12:00 0 15 11 4 15 13 90 12.00- 1:00 0 27 14 8 �0 5 32 1 1:00- 2:00 9 42 1^u 26 13 14 13 29 97 2:00- 3:00 0 28 21 14 22 24 33 142 _ 3:00- 4:00 16 142 4:00- 5:00 0 Be 22 is '-7 15 25 26 116 5:00- 6:0ia 25 1.3 19 7 14 14 17 134 _ ) 6:00- 7:00 21 6 8 32 131 7:00- 8:00 0 12 8 8 10 5 9 1 57 .. 2:00- 9:00 0 3 2 9 33 9 :047/-19 :00 0 0 5 = _=__7 __ 1 0 0 0 5 61 26 181 112 2014 132 205 DATE: DECEMBER 5, 1989 TO: CITY OF KENAI ATTN: JANET RUOTSALA FROM: ALASKA JAYCEE'S RE: PULL -TAB LOCATIONS NOTIFICATION Please note there may have been addition and/or deletions since our last notification mail out. This is our continuing effort to keep you informed of our fundraising efforts in your local. It is our intent to work with you. As any other changes occur, we will give notification. / PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JP,= I S Ndme of Business/Facility Physical Address Phone No. Contact SUGARLOAF SALOON MEALS AVE & RICHARDSON RN. 835-4445 PIARIIAN VALDEZ ALASKA 99686 TALMIDTE TOLSONA LAKE RESORT MILE 170 GLEN HWY. 822-3433 JULIE GLE2INM1,ENI ALASKA 99588 WILSON TONSINA LODGE MILE 79 RICHARDSON HWY. 822-3246 ROBERT COPPER CENTER, ALASKA 99573 HAM ILTO2: BUSH BOTTLE BIN MILE 116.5 RICHARDSON HWY. 822-3968 GERALDINE GI,ENTIALLEN, ALASKA 99588 PALCKS{ RANG HOUSE LODGE MILE 173 G HWY. 622-3882 BURT GL&NDW1J N, ALASKA 99588 WARD COPPER CENTER BAR MILE 101 RICHARDSON HWY. 822-9991 LLOND COPPER CENTER, ALASKA 99573 BLTITGEREIT EVERGREEN LODGE MILE 17 LAKE LOUISE ROAD 822-3250 JACK & JAN GLIIWJJ_,EN, ALASKA 99588 HANSON LONIG'IEERE LIQUOR MILE 88.5 STERLING 131Y. 262-1068 Jolt" SOLDOZNA, ALASKA 99669 CHO RED'S 101 MEALS AVF-'ZTE 835-3674 RED VALDEZ, ALAISK; 9968G CLUB 96 MILE 100 OLD RICHARDSON I WY. 822-3243 Lw VA.LDEZ, ALASKA 996% WAR) PIPELINE CLUB 136 EGAN DRIVE 835--4332 _ ^ BILL VAL.DEZ, ALJ6Y.A=, 99686 L= POADS END 42 CH_NIAK HWY. 486-2938 ERl,Tsr KODIAK, ALASKA 99615 HOPPER PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK YOU! / PERMITTED PULL -TAB LOCATIONS I a, DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION IALASKA JAYCEE'S I Name of Business/Facility Physical Address Phone No. Contact OLD ANCHORAGE SALMON BAKE 251 K STRFIEt 279-8790 MIKE BUS SFOP 700 WEST SIXTH .AVENUE 277-4252 ED BROOKS BUSH Cc7M1PANTY I 531 EAST FIFTH AVENUE 276-5504 MELODY ANCHORAGE ALASKA 99501 PRIDE BUSH COMPANY II 631 E. IN'TERNATIONAL AIRPORT 561-2609 BILL ALASKA 99518 COX HIDEAWAY CLUB 2828 NEST DIMOND BLVD- 243-2163 BOB & DORIS ANCHORAGE ALASKA 99515 ANDRT-11S RICHIARD PINION LIQUOR 129 TATILEK AVENUE 835-4437 V EZ ALASKA 99686 HORTUN VIDEO NORTH MILE 101 RICH 1+7Y. 822-5556 PAUL GLENNALLEN ALASKA 99586 W}IITE ACRES BAR INTERSECTION OF R.ICHARDSON Br,r835-2269 GERA D &PHIL & AIRPORT RD. VALDEZ,AK.99686 JOHNSOV MIKr- Tp;Ts; I:�d 100 TOTEM DRIVE 835-4443 yALDEz, ALASKA 99686 WILLIrw POLARIS LOLIZE 416 SECOIID AVENUE 456-6441 TZ,RF'Y ALASKA 99701 FRANIa-dIN— 49ER CLUB MILE 6 OLD RICHARDSON fAly- 488-0626 NnNI. NORTH POLE AUSKA 99705 CUE: TORT I- JA.RD LOUNGE 455 THIRD AVaN'UE 456-6133 DI'} FAI PEANKS , ALASKA 99 701 BUR PLEASE RETURN TO: • Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK- 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK. YOU! L- / PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION !a ALASKA JAYCEE'S Ndine of Business/Facility Physical Address Phone No. Contict ESKA TRADING POST MILE 1313.3 ALASKA HWY. .883-5343 REX TOO ALASKA 99780 JARRE T R. J'S LOUNGE 412 THIRD AVENUE 452-8806 PAULA FAIRBMM, ALASKA 99701 BUINER LONELY LADY 528 5TH AVENUE, SUITE 218 479-4162 CECILIA FAIRBANKS, ALASKA 99701 ARCTIC BAR 623 OLD STEESE C/O CIRCLE M VERN FAIRBANKS ALASKA 99707 488-9956 JOHNSON CIRCLE M BAR 907 OLD RICHARDSON WY. 488-9956 VERN FAIRBANKS, ALASKA 99707 JCf1NSON SOLD07M INN 35041 SPUR BlY.- 262-9169 MICHAEL ALASKA 99669 SIPES BIG AL'S MILE 111 STERLING HW- 262-4216 ALTON KASILOFF ALASKA 99610 PRIEST HAPPY VALLEY MILE 145 STERLING HWY. 567-3357 RON & FRAN ANCHOR POINT, ALASKA 99556 RECORD PIZZA NICK'S 565 E. PIONEER 235-6921 NICK R ALASKA 99603 PIZO RAM I S ALASKA GOLD & JE4,7= 360 K STREET 258-0203 DOUG ANC1i0RAGE, ALASKA 99501 WiLLLNIIS I'IVE STIR GROCERY 2906 ARCTIC BLVD. 561-551B SOT^1Y AINC' 3ON4GE, ALASKA 99503 WDN 2.7L.D EAGLE MILE 82 STERLING WY. 262-9908 Ir_: STEP.LIJJG, ALASKA 99672 PLEASE RETURN TO: • Division of Occupational Licensing • Gaining Section P. 0. Box D-LIC Juneau, AK. 99811-0800 Attention: Kelcy Parsons. Licensing Examiner HANK YOUI / PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION Name of Business/Facility CPJMK BAR _ BISHOP p _ CLAM SHELL LODGE 3. DEC.V ER INN ��.. D. J' S 4hEELlOUSE 5_ DRFMILAND BOWL ALASKA JAYCEE' S Physical Address MILE 35 NORTH KENAI ROAD MILE 118.3 STERLING HWY. MILE 107 STERLING IVY. SOLDOTNA, ALASKA 99669 215 FUJR"I H AVENUE 202 FIFTH AVENUE SEh1ARD. ALASKA 99664 40— EADIES 3.5 SPUR HWY. KEW ALASKA 99611 FORELANDS BAR MILE 20 KENAI SPUR HWY. KASILAFF ALASKA 99610 .. INLET VIEW MILE 135 STERLING HiN. NIN=IK, ALASKA 99639 L� i . L11LTRA' S LIQUOR SHOPPE 608 MAIN STREET CORDOVII ALASKA 99574 Q MAVEPJCK CLUB 44698 STEPLING HWY. SOLDD7114A ALASKA 99669 t ( MOOSE PASS INN MILE 30 SEWARD W7Y. ' M",�OSE PASS, ALASKA 99631 MlLLIE'S MOOSE RIVER INN I MILL 62.5 STERLING FNry. STERLING ALASKA 99672 PLEASE RETURN TO: • Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK- 99811-0800 Attention: Kelcy Parsons, Licensing Examiner IBM', YOU! Phone No. 776-8216 262-4211 262-5917 224-5536 224-3544 283-3089 776-9907 567-3330 424-3144 262-7979 288-3110 262-9917 COtltdC t LINDA LTkUi'1.-1F..I DGGE ROSE MOOREFIELD TERRY W 1L.L DOR1 S CORCORAN K IM KOW7q SKI EI'H01 HENDERSOU RON KIE L J ERRY MADDOX LAUF \ B , ..J JINNI: ii LINfV% S1 EP_ 1, "•iILi,IE H I R'111 PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION AIASM JA=' S Name of Business/Facility Physical Address Phone No. Contact P IARIS GIFT SHOP 427 FIRST AVENUE 452-2900 BDCXE,'Y FAIRBAN S, ALASKA 99701 GOLD RUSH 3399 PEGER RDAD 456-6410 LULU FAIREMW, ALASKA 99701 MI TANTKA LODGE 28.5 STEESE 1*7Y. C/O POLARIS RANDY FAIRBANKS, ALASKA 99701 BAR 456--6441. FRAM -TN CENTRAL MDMR INN MILE 125 STEESE HWY. 520-5228 ROBERT E. CENTRAL, ALASKA 99730 TIP'S BAR 12349 OLD GL = HWY. 694-2372 NORMA EAGLE RIVER, ALASKA 99577 MAFIA MIKES VALDEZ, .ALASKA 99686 835-4991 NORMAN NEW SEWARD SALOON 217 FIFTH AVENUE SEWARD, .ALASKA 99664 224-3095 BRAD SNOWDEN NIGHTWATCH MILE 96 STERLING HWY SOLDOTNA, ALASKA 99669 262-7020 MICKIE COPELAND NORTH BAR MILE 132 STERLING HWY NINILCHIK, AK 99639 567-3442 DARYL CHAW 50835 K-:BEACH ROAD QPAL OPAL'S CAFE SOLDOTNA, ALASKA 99669 283-9365 BOWER _ PARKERS 36185 KENAI SPUR HWY SOLDOTNA, ALASKA 99669 262-4670 TACK LEE THE PIT BAR MILE 3.5 SEWARD HWY SEWARD, ALASKA 99664 DENNIS 224-3006 1 KOWALSKI PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons. licensing Examiner IKANK YOUI 1 a, PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S Name of Business/Facility Physical Address Phone*No. Contact PIZZA PETE MILE 1/2 SPUR HIGHWAY SOLDOTNA ALASKA 99669 262-5306 ANGELA ARGYROPOULC PUTTER INN MILE 4.5EAST END ROAD HOMER4 ALASKA 99603 235-8644 Lavonne Pickarsk RAY'S WATERFRONT SMALL BOAT HARBOR SEWARD, ALASKA 99664 224-5606 RAY SIMUTIS i PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau. AK 99811-0800 Attention: Kelcy Parsons,.licensing Examiner TNANV vn111 �S ZNPo s i DATE: DECEMBER 5, 1989i TO: CITY OF KENAI ATTN: JANET RUOT$ALA FROM: PEOPLE COUNT RE: PULL -TAB LOCATIONS NOTIFICATION Please note there may have been addition and/or deletions since - our last notification mail out. This is our continuing effort to keep you informed of our fundraising efforts in your local. It is our intent to work with you. As any other changes occur, we will give notification. PERMITTED PULL -TIC LOCATIONS pIVISION OF OCCUPATIONAL LICENSING GAMING SECTION • PEOPLE COUNT Name of Business/facility Physical Address Phone No. Contact Mile 35 N. Kenai Rd. Linda BISHOP CREEK Kenai, Alaska 99611• 776-8216 Lauthrid e 511 Main Street Red CASINO BAR Kenai, Alaska 99611 283-9992 McKenzie Mile 17.5 North Road Richard BLUE GROUSE Kenai, Alaska 99611 283-4281 Cooper 35278 Kenai Spur Hwy Mitch D & D TACO Soldotna, Alaska 99669 262-1717 Dobritch Mile 136.3 Sterling Hwy•." DEEP CREEK RESORT Ninilchik, Alaska 99639 567-3396 Glenn Dobbe • 100 Trading Bay Kenai #1 DJ NEW & USED CLOTHING Nikiski, Alaska 99635 283-5161 Debbie Taft Nikiski Mall Wilma GREAT NORTHERN VIDEO Nikiski, Alaska 99635 776-8823 Hampson 10800 Kenai Spur Hwy Jim KATMAI HOTEL Kenai, Alaska 99611 283-1601 Singree 801 Cook Dale/ KENAI JOE'S Kenai, Alaska 99611 283-5637 Casey 34770 K-Beach Road Delma SHORT STOP GROCERY Soldotna, Alaska 99669 262-5112 Jackson 12656 Spur Hwy Dave !LARRY'S CLUB Nikiski., Alaska 99635 283-9935 Charleswor Ron LITTLE SKI-MO'S• Kenai, Alaska 99611 283-4463 Yamamoto PLEASE RETURN TO: ! RiVision of Occupational licensing • Gaining Section P. 0. Box D-LIC Juneau, AK 99811-0800 AtteatioM; Kelcy. Parsons, licensing Wainer tg7 PERMITTED PULL -TAB LOCATIONS DIVISION Of OCCUPATIONAL LICENSING " GAMING SECTION Name of Business/facility I Physical Address Phone No. Contact OL13 TM CFCCE'.RY B4 . N m pDAD SPUR my. KENAI,', AID 99611 2 -4 THE PLACE MDM AND BAR MILE 18 NORTH ROAD KENAI, ALA.SKA 99611 283-9915 JOHN YOUNG ROBINSON'S MIDI MALL 50535 KALFCNSKI BEACfi ROAD KENAI, ALASKA 99669 283- SPEEDY MART MILE 26 1 2 SPUR WY. NI,KISIQ, AL -W% 99635 776-8283 MYRON C HRISTIANSC VAUGAN' S MINI MALL MILE 18.5 KA1a"f'O 1DW BENM ID. 901 DMa, ALASAA 99669 262-4252 VAU Dot' V-TV 1116 KENAI SPUR HWY. KENAI, AiASKA 99611 8 MIKE MEDCAFF o G 4t c� Ae w c-'K� ed ti'►'�Gc. i PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau. AK 99811-0800 Attention: Keicy Parsons,.Licensing Examiner tuwv vniil In FO 9 DATE: DECEMBER 5 1989 TO: City of Ke i FROM: Woman's Res urce Center -- Kenai RE: PULL -TAB L CATIONS NOTIFICATION Attached please find a roster of pull -tab sales locations in your area. We will keep you informed as any additions and/or deletions occur. PERMITTEO.PULL-TAP LOCATION DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION Woman's Resource Center Name of Business/Facility Physical Address Phone No. Contact Longmeere Liquor Mile 88.5 Sterling Hwy. Soldotna, A - Opal'.s.Cafe & Bar 50835 K-Beach Road Soldotna, Alaska 99669 283-9365 Opal Bower Parkers 36185 Kenai Spur Road Soldotna, Alaska 99669 262-4670 Tack Lee Soldotna Inn 35041 Spur Highway Soldotna, Alaska 99669 262-9169 Michael Sip. Pizza-Pete's Mile 1/2 Spur -Highway Soldotna, Alaska 99669 .262-5306 Art Argyrc ' The Nightwatch Mile 96 Sterling Highway Soldotna,-Alaska 99669 26277020 Mickie Copel Forelands Bar Mile 20 Kenai Spur Highwa Kasiloff, alaska 99610 776-9907 Joni I PLEASE RETURN TO: ! Division of Occupational Licensing . Gaming Section P. 0: Box 0-LIC Jyneau, AK 998I1-0800 Attegtioa: Kelcy Parsoas, �iceasiag Enaoiner 3n 1791-1l81 CITY OF KENmi %%Od 62apd4d 4 4ia�f' TELEPHONE 203.75M FAX 907-283-3014 NOT = CE OF ME E T Z NG The Kenai City Council will be holding a work session on Wednesday, December 20, 1989 at 6:00 P.M. in the Council Chambers. To be discussed: Purchase of Cone Property The public is invited to attend and participate. yk-rl�t ;41 Janet A. Loper Deputy City Clerk DATED: December 11, 1989 t koa s p�z► R ' .ic - i. .+t-i•-,.u�'..: * t' .y, .�•at�?VV�•. i :Ls:ri..'r d..ii� ,PPLICATION AND CE TE FOR PAYMENT AIA DOCUMENT G702 (Instructi (OWNER): City of Kenai h V• FROM (CONTRACTOR): N G & S Constru,i G CONTRACT FOR: Kenai Airoort n reverse side) PAGE ONE bF r1GE< ►�,,, PROJECT: Airport Terminal Remodel —APPLICATION NO , t Z. c/ ! M t NEE �OF ACRiOD TO: \Z -&-al O IA (ARCHITECT): 1�02 t Works --(� City CNM ARCHITECT'S ti 6S40-inance --_-� on ,rj Wi 11 i am Kl uge0rOtal To )W- submitted ey PROJECT NO: In 111 cli OK []No []Yes Ck EF71i3d�.-9ReJhdCCel CONTRACT DATE: 12-14- CONTRACTOR'S APPLICATION FOR PAYMENT CHAsNGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS 61, DEDUCTIONS Approved this Month �l . Number Date Approved \ C> TOTALS Net change by Change Orders The ur:c?ersigned Contractor certifies that to the best of the Contractor's knowicrli;e, inform--tion and belief the Work covered by this Application for Payment has been Comptet«d in accordance with the Contract Documents, that all amounts have been Paid b}- the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CUNT R.ACTOR: G & S Construction R. n1e1 Green owner = By: �- Date: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data cornprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. Distribution to: $OWNER PgARCHITECT CONTRACTOR Cl Application is made for Payment, as shown below, in connection with the Contract Continuation Sheet, AIA document G703, is attached. 1. ORIGINAL CONTRACT SUM ...... I ................ 5 697,700.00 2. Net change by Change Orders ..................... 5 too IV-1 "o 3. CONTRACT SUM TO DATE (Line 1 ± 2) .............. 5 �`� �, o t-A - o`" ✓ 4. TOTAL COMPLETED & STORED TO DATE ............ 5 (Column on G703) 5. RETAINAGE: / a. _ % of Completed Work S (Column D + E on G703) b. — % of Stored Material S (Column F on G703) Total Retainage (Line 5a + 5b or G Z Total in Column I of G703) ..................... 5 L S t S SS 6. TOTAL EARNED LESS RETAINAGE ................... 5 7 �i -2�% % S , 3 Y (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR L 4 PAYMENT (Line 6 from prior Certificate) ......... 5 I-) C) tit i. 6. CURRENT PAYMENT DUE .......................... 5 \O- Z 9. BALANCE TO FINISH, PLUS RETAINAGE ............. 5 \�- (Line 3 less Line 6) State of: County of: Subscribed and sworn to before me this day of '19 Notary Public: My Commission expires: --- AMOUNT CERTIFIED ............................... /4;10--75r (Attach explanation if amount certified differs from the amc3Tmt-,�ppfied,roY ARCHITE • ('Ji 1 ' m Kl uge Cti By: Date: c/ 7 -- This Certificate is t negotiable. The A�tOUN i CERTIFIED is pa�,jbie only to tilt Contractor name herein. Issuance, payment and acceptance o� •,iyment are withnu prejudice to any rights of the Owner or Contractor under thy_ _�ntract. 1Wb CtJA1ENT G: p2 • AI'PUGVION ANDI.ERTIFIG\TE FOR 11AV,.1FNr 19711 M1110.14 • AIA, • ,c I983 Ttir Aktr?,r.%v t•.-ci,r„Tr rnr .o nrr: r-TC 1— .,. - r..,r 11., 1...•,111,, .. •f . I 2 PROJECT NAME: RENOVATION OF KENAI AIRPORT TERMINAL REQUEST 12 7 1n ----iz _ �i---5-------------- DATE: >.+ 3 - -------------------------------------------- .- ---------------------------------------------------------------------- _� '' 4 5CHEDULED r-FEVIOUS THIS STORED COMPLETE FERCENT BALANCE TO 10% 5 DISCRIPTION OF WORK VALUE APPLICATIONS PERIOD MATERIALS TO DATE COMPLETE FINISH RETAINAGE - 6 - -- --------------------- -------------------------------------------------------------------------------------------- 7 01 'BMS. INSIRiANCE. PERMITS 115, W - S15.162 ' So SO t15.162 - 1001 $0 S0 MWILIZAIION 12,500 12, 5100 10 SO 12. 540 . inn; t0 10 s 9 RENTAL EQUIPMENT $3.500 - S3.500 - $0 $0 S3, 500 - 1001 to So 10 �- i DEMOBILIZATION 5 CLEAN l�' n i1.00! - 5500 - nn S5._ SO n_- tl..nn- lnn -t to so 11 02 I� I_ITION 539.500 - $39.500 - $n $0 $39, 50A - 1nGg SO Sr Q; Tf ,° 12 EXCAVATION i9,25o - f9,25- 55�0 n S_ ,n .. i6.7'. �5 � � Sn t__o - 1e25 13 03 CONCRETE $15.250 $15,250 SO $0 $15.250- TOOT Sri So � T ;It 11 05 !1RUCTURAL STEEL 141.396- 144. 196 . i0 30 144.396 100% i0 t0 i 15 06 ° ROUGH CARPENTRY $N.046i $32.046' So SO $32.046 - 100t SO SQ 16 FEN CARPENTRY 120,05Y 120.050 - f0 in 520,050 ' 100% 10 10 1�3 17 07 M—ATION S1.716- $1.716' to $0, 11,716- lOn1 SO SO °{ 19 SIOING i14.200' $14"No' 10 10 f14,20o- lrrt so to cl p 14 R+16FINC $33.546--' $33.546 - t0 So $33. {-46- 1001 Sri S0 20 08 HOLLOW METAL 12.739' $2,739 10 t0 12.739 - ICO% $0 t0 21 FINISH HARDWARE 51.213' $1.213 10 SO $1.213 - 1001 SO So 22 WOOD DOORS t3,128� f3,12?' t0 t0 f3.12?- 100t f0 10 4 23 ALUMIMJM WINDOWS $54.042- $33.125- 510.911 SO 144,042- E11 S1n,nnn 12,000, Wit.,' 26 C_AZING t47.258� 115,rkOn ' i32.251 30 147.25? - 106% so 10 '; 25 09 DRYWALL S9.loci $9,10n to SO 0,'_110 - 1001 $0 fn 26 14TERGRATED CEILING 322.125-/ 122,125- 10 to 122.125- 100% 10 10 27 CARPET $16.160-1 S10.000- 14,16,0 SO 114,160- 8c1 t2,000 $0 f 29 V NYL 53.808/ 10' 30 f0 10 r r'1 33.30° so 29 CERAMIC $6,797" S6,797- S0 SO $6.717- 1001 $0 t0 30 FAINTING AND TAPING i14,910 513,910- 30 $0 i13,9_0- 931 S1,000 to 31 10 FIRE EXT. $185-., $185 So SO 1155- 100% $0 So 32 ALUMINUM RAILINGS 12.040 51.500 - 1540 f0 32,r10 - 14Ot t0 to {; 33 TELEPHONE ENCLOSURES $1,420 / 11,420 - $0 $0 $1.420 - 1001 SO So 34 TOILET ACCESSORIES $1,420-' 31.420 - $0 to $1,42n ' 100% t0 $O 35 SIGNAGE 11.800- 11.Bo0 SO SO $1.;,M- 1001 $0 SO -'' 36 11 E:UIFMENT $10.270 110.270 - 30 t0 f10.. 0 - 100= 10 t0 37 12 WINDOW TREATMENT $1. 359' S 1. 359 - t0 $0 t i , 3 . + - 100, $0 SO 38 14 ELEVATOR 139.840 ' 139,340 - In 10 139._cD - 100% to 30 39 15 PLUMBING ROUGH $27.0 E•' $27,056 - $0 $0 527.r`� - 1001 Sri SO 40 FL UMBING FINISH 117.000 $15, 500- t0 110 115, 5c ; - 01% $1.500 1266 41 `FRIt , E ENGINEERING 52.400' $2. 40r � - SO $0 12, 4 " - inn, SO SO 42 $CRINKLE MATERIAL FAB. f12.400 ' 111.400 - $72 $0 111,472 - 97, $923 1340 43 $CRINKLE FIELD LABOR $9.100 1E,30r, $300 f0 $9.1 1001 Sri S620 44 CrNTROLS ROUGH 510,900� i10.900� 10 t0 11019Cl0- 10i!t f0 1479 45 0NTROL3 FINISH $1.090' SI109ri- 10 $0 SI.0•' Irr1 So $0 46 ErLANCE 13.270 13.270- to 10 13,2`r $0 to 47 H'dAC ROUGH IN $42,074 $42.074 - IQ $0 $42 0'4 101- tr Sn 48 H14C FINISH ilO.lEO ' 110,180 - to t0 t10.1- - 10r1 t0 t0 49 16 ELECTRICAL ROUGH IN 137.0E-0' f37.060- SO Sri f37.0511- 11-01 $0 Sr$ 50 ELECTRICAL FINISH 118,530 ' 117.030 - 11,510 to it?.530 - 1OOt 10 to 51 FIXTURE$ $34.880 S34,880 - SO so 134,85n 1001 SO $n 52 53 ORIGINAL CONTRACT AMOUNT 1697.700 .1626,717 - 151,247 so 1677.9.", 571 111a./,M 64.530 54 1 2 ',• 4 5 55 CHANGE ORDERS 56 A 1 521.i4O 121.840 - $0 57 1 2 $26,572 126.572 — $0 # 3 31,543 ' 11,543 t0 59 1 4 $2.952 ' $2.952 $0 60 q 5 t22,533 121.133 11.53 61 1 6 120. 259 , $19, 259 S 1.OX 62 # 7 t1.221 11.2.9 10 63 1 E 12.464 — $2,464 tr, 64 N 9 1325 ' $325 10 65 k ?= l0 1441 SO $441 6 TOTAL CHANGE OFDERS 1100. 317 197, 37� 12,941 oy, 63 TOTAL INCLUDING CHANGES 319G.017 1724.0,3 154.15B 69 LE4_ RETENTION: SO 70 LENS FRE4IOUS FAYMENTS 71 72 AMC. -LINT RErjUEGTED BY CONTRACTOR 6 7 9 9 10 SO t21.340 100% t0 t0 SO S26, 572 100; SO SO SO 11. 54.3 100% t0 SO $O S2.952 — 1001; $0 SO t0 $22,633 " 100% $O $0 $0 1211,259 1001 $O Sri t0 11.1_c8 100% t0 t0 SO $2. 464 �— 1001 Sri SO 10 $32; 100% t0 t0 Sri 1441 100% SO 10 1100.317 100% 10 t0 ---10- - - 10 S77S.2?I,00 99% S19,736 14,530 $15,565.62 5709,b11.14 153,104. 4 -d December 13, 1989 Alaska Oil and Gas Association 121 W. Fireweed Lane, Suite 207 Anchorage, Alaska 99503-2035 (907) 272-1481 The Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams: Enclosed, for your information, is a press release announcing results of responses received by AOGA to a recent letter the As- sociation sent to Alaska households statewide. The Association sent letters to 170,300 households throughout Alaska. The letters expressed the oil industry's regret about the oil spill and asked Alaskans to share their feelings, thoughts and ideas, positive and negative, about the future of the industry in Alaska. The mailing included a response sheet which asked how Alaskans feel about the oil industry. The response rate was excep- tionally high --we received over 20,000 responses with 66.5 percent characterizing their feelings as favorable or very favorable about the industry. Please call if you have any questions or if we can be of any assis- tance. Sincerely, WILLIAM W. HOPKINS Executive Director WWH:ds8:18199 Enclosure Alaska Oil and Gas Association 121 W. Fireweed Lane, Suite 207 Anchorage, Alaska 99503.2035 (907) 272.1481 FOR IMMEDIATE RELEASE November 28, 1989 ALASKANS RESPOND TO PETROLEUM INDUSTRY LETTER FOR FURTHER INFORMATION CONTACT: WILLIAM HOPKINS OR AROIE GRAY 272-1481 Two out of three Alaskans responding to a recent statewide letter from the Alaska Oil and Gas Association expressed positive feelings about the Alaska oil industry overall. while a majority of the respondents were favorable, many shared the industry's concern regarding the Prince William Sound oil spill. The Alaska Oil and Gas Association, a trade association re- presenting most oil companies that do business in Alaska, sent letters to 170,300 Alaska households statewide. The letters expressed the oil industry's regret about the oil spill and asked Alaskans to share their feelings, thoughts and ideas, positive or negative about the future of the oil industry in Alaska. The mailing included a response sheet which asked how Alaskans feel about the Alaska oil industry overall. (more) ALASKA OIL AND GAS ASSOCIATION 2-2-2-2-2-2-2-2-2-2-2-2-2-2-2- "The response has been both overwhelming and encouraging" said William W. Hopkins, Executive Director of the Association. "we received more than 20,000 responses with 66.5 percent' of the respondents characterizing their feelings about the oil industry as favorable or very favorable", he said. Of the remaining responses received, 12.2 percent were unfavor- able, 9.3 percent were very unfavorable and 12 percent were either neutral or stated no position. "Throughout all categories of responses, the principal comments appear to center on the oil spill," said Hopkins. "Many respondents expressed concern about previous tanker safety and spill response capabilities. These are two issues the petroleum industry is addressing both in and outside Alaska. we hope to keep Alaskans informed of the industry's enhanced tanker safety measures and response capabilities," Hopkins said. "The Association received thousands of suggestions on what the industry might do to improve operations. It will take considerable time to assimilate all of the very thoughtful suggestions made by those who responded," said Hopkins. am4:168 BREAKDOWN OF RESPONSES RECEIVED BY THE ALASKA OIL AND GAS ASSOCIATION NOVEMBER 28, 1989 Letters sent statewide - 170,300 Returns received - 20,253 Category Very Favorable Favorable Neutral Unfavorable Very Unfavorable No Position Stated Percent return - 11.9% ds5:562 No. of Letters 6,941 6,514 1,757 2,483 1,879 '679 PBrcentaae 34.3 32.2 (66.5%) 8.7 12.2 9.3 (21.5%) 3.3 MTIFO 13! Alaska state Legislature WHILE IN SESSION: R.O. BOX V JUNEAU, ALASKA 99611 1907) 465-3779 HOUSE MAJORITY LEADER Repreeentative Mike Navarre December 11, 1989 John Williams Mayor, City of Kenai 210 Fidalgo St. Kenai, AK 99611 Dear John: HOME ADDRESS: P.O. BOX 16S KENAI. ALASKA 99611 [907) 262-9366 DISTRICT 5 I wanted to drop you a short note of thanks for attending the Kenai Fire Training Meeting last Wednesday. It was a good exchange of information, and I believe some important questions were answered by DEC and University personnel that addressed serious petrochemical industry, fire department, and environmental concerns. I'm optimistic the project can be completed for next season, and feel more comfortable that it can operate in an environmentally sound manner. As I have since the beginning of this process, I'll continue to stay involved, and lend assistance wherever I can. Thank you again, for taking the time to be there. �t Sincerely,, Mike Navarre Representative MN/pm �Zp2�23. s "b Cn C� y`y` h3 U/ /68/ac�i2y' XA) RD /S Drawer B, Seldovia, AK 99663 (907) 234-7469, FAX 234-7430 December 12, 1989 The Honorable John Williams City of Kenai 144 Binkley Kenai, Ak. 99611 Dear Mayor: Enclosed is a resolution supporting the formation of a Regional Citizens Advisory Committee for Cook Inlet. It would be helpful to have your organization pass a similar resolution. If you would initiate this item on your council Is or board's agenda and pass the results along to Jim Butler and myself I would appreciate it. Thanks. Sincerely, Tim Robertson Oil Spill Impact Relief Coordinator cc: James Filip �p�p Jim Butler+ r 1� G RESOLUTION #89-37 A RESOLUTION BY TILE CITY COUNCIL OF THE CITY OF SELDOVIA IN SUPPORT OF THE FORMATION OF A CITIZENS ADVISORY COMMITTEE FOR THE COOK INLET OIL INDUSTRY. WHEREAS, the grounding of the EXXON VALDEZ on March 24, 1989 created an oil spill which affected over 1000 miles of Alaskan coast including the shores of Seldovia Bay and the fishing grounds of the Seldovia fishing fleet, and WHEREAS, the grounding of the GLACIER BAY on July 2, 1987 created an oil spill which affected the salmon fishing season in Cook Inlet, and WHEREAS, the current self monitoring program of the oil industry in Cook Inlet is not working as demonstrated by tankers being allowed to enter Cook Inlet without Spill Contingency Plans, and WHEREAS, the ECO report commissioned by the State Oil Spill Commission lists COOK Inlet as the most dangerous transportation corridor in Alaska and the most likely place for the next major oil spill, and WHEREAS, there were over 200 oil spills reported to ADEC or the U.S. Coast Guard on the Kenai Peninsula and in Cook Inlet last year, and WHEREAS, there was formed a Regional Citizen's Advisory Committee in June , 1989 for Oil Industry issues in Prince William Sound and this committee has already shown great worth in participating in the creation of the new Alyeska Tanker Oil Spill Prevention and Contingence Plan. THEREFORE BE IT RESOLVED, the City Council calls for the immediate formation of a Citizens Advisory Committee for the Cook Inlet Oil Industry patterned after the committee organized for Prince William Sound, and BE IT FURTHER RESOLVED, the new funded by direct donations from ships oil from or into the region. APPROVED and passed this ATTESTED: Citizens Advisory Committee should be the Oil Industry which extracts and day of December, 1989. APPROVED: ROBERTA HIATT, CITY CLERK GERALD WILLARD, MAYOR ROBERT C. BYRD, WEST VIRGINIA. CHAIRMAN 2PSF0 /.T DANIEL K. INOUYE, HAWAII MARK 0. HATFIELD, OREGON ERNEST F. HOLLINGS. SOUTH CAROLINA TED STEVENS, ALASKA J. BENNETT JOHNSTON. LOUISIANA JAMES A MCCLURE, IDAHO QUENTIN N. BURDICK, NORTH DAKOTA JAKE GARN. UTAH PATRICK J. LEAHY, VERMONT THAD COCHRAN, MISSISSIPPI JIM SASSER. TENNEBSEE ROBERT W. KASTEN, JR.. WISCONSIN DENNIS DECONCNR, ARIZONA ALFONSE M. D'AMATO, NEW YORK DALE BUMPERS. ARKAMAS WARREN RUDMAN. NEW HAMPSHIRE FRANK R. LAUTEBi NRG. NEW JERSEY ARLAN SPECTER. PENNSYLVANIA TOM HARKIN. IOWA PETE V. DOMENKI, NEW MEXICO BARBARA A. MIKULSKI, MARYLAND CHARLES E. GRASSLEY, IOWA HAM" REIO. NEVADA DON NICKLES. OKLAHOMA MROCK ADAMS, WASHIVGTON PHIL GRAMM. TEXAS WYCHE FOWLER. JR., GEOF41A J. ROBERT KERREY, NEBRASKA JAMES H. ENGLISH. STAFF DIRECTOR J. KEITH KENNEDY, MINORITY STAFF DIRECTOR in tee tate,� % 115 COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 December 13, 1989 The Honorable John J. Williams Mayor City of Kenai 210 Fidalao Kenai, Alaska 99611 Dear John: 14 Enclosed is a copy of the letter that I received from the Small Business Administration regarding the abandoned Western Auto building. I hope the enclosed copy of their response is of use to you. Thanks for bringing this matter to my attention. With best wishes for the holidays, r i lly, CD TEVENS Enclosure DEC 1989 TCily at?K � v2, U-& SMALL. BUW4W9 ADNI W TMnoN Mn V4 ft *on% seat w W01-'5! December 7, 1989 isrs DEC 1 7 All Ia. 18 Honorable Ted Stevens United States Senate 522 Hart Street Washington, D.C. 20510-0201 Re: POLL & LEAVITT (Formerly Western Auto) Dear Senator Stevens: This is in answer to your letter dated November 20, 1989 wherein you inquired about our plans for the abandoned Western Auto building in Kenai. SBA took title to the building via foreclosure sale on April 26, 1989. The building had already been condemned by the City of Kenai. The loan officer handling this credit has been attempting to market the property since the sale. Initial offers were too low. However, just recently, we have o"r-i- for twC e of land. We believe that we have now obtained an acceptable offer on the third lot containing the condemned building. We hope to confirm this offer within a few days. With the above developments, it appears that we may have a sale of the entire property within 30 days. If I can be of further service, please advise. Sincerely, N rank �D.Co. District Director Anchorage District Office KENAI PENINSULA BOROUGH RROMLAR ASSEMBLY MEETING *olnNoer 21, 1989; 7:30 g.m.> Borouqlb Administration Building Soldotna, Alaska AGE NDA- Page go. A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pastor Alan Humphries Soldotna Church of God D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: October 10, 1989 1 October 26, 1989 November 7, 1989 G. COMMITTEE REPORTS 1 (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) (b) Legislative (Pending Appointment 11/21) (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Superman) (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA K. ORDINANCE HEARINGS (a) Ord. 89-53 "Amending Title 20 of the Kenai Perlin- 2 sula Borough Code of Ordinances to Define the ENA,-IM Status of Remainder Parcels Resulting from Right- UNMYCL)S of -way Acquisition" (Mayor) (b) Ord 89-54 "Amending the Boundaries of the Anchor 3 Point Fire and Emergency Medical Service Area to ENA-I^D Delete that Portion of the Service Area Lying Out- UNANIMME side of the Anchor Point Voting Precinct" (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord. 89-60 "Transferring Funds from the Bear Creek 2 Capital Projects Fund to the Bear Creek Fire Serv- ENALIED ice Area Special Revenue Fund" (Mayor 0 Req. UNANUM BCFSA)q M. CONSIDERATION OF RESOLUTIONS (a) gas. 89-130 "Requesting the State of Alaska to 3 Fund and Conduct a Hydrogeologic Survey in the Central Peninsula Area of the Kenai Peninsula AOOP'1ED Borough" (Superman) (NAND O. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) nrd_ 89-d0 "Enacting a New Chapter 21.12 to 4 Provide a Permit System for Conditional Land Uses RED and Repealing the Current KPB 21.12 Noxious, In- BACK TO jurious and Hazardous Uses Ordinances" (Mayor, ca rrm Req. Task Force) REMANDED BACK TO COMMITTEE PaSe.No. (b) Ord. 89-57 "Amending 3.04.030 of the Kenai Penin- 4 sula Borough Code to Establish Policy Regarding ENACTED Drugs and Alcohol in the workplac so (Vash)EEARIMG 12 Yes 12-5-89 2 No (c) Ord. 89-58 "Appropriating Advance Funding of 4 $150,000 from the General Fund Balance to Proceed ENACTED with the Design of the Seward Transfer Facility, UdANUM Closure of Present Landfill and Dike Extension" (Mayor)HEARING 12-5-89 (d) Ord. 89-59 "Amending the Kenai Peninsula Borough 4 Sales Tax Code to Exempt Gaming Sales" FAILED (Glick)HEARING 12-5.-89 7 No 6 Yes (e) Res. 89-129 "Establishing Procedures for Setting 4 Priorities for the Upgrading of the State's Secon- dary Roads and Rescinding Resolution 86-129" REMANDED TO (Poindexter)REMANDED TO PUBLIC WKS COMMITTEE - TO BE REPORTED OUT BY FEB. 6, COMMITTEE 1990 TO BE REPORTS) BY FEB. 6,1990 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING. AGENDA (a) Kenai Peninsula Food Bank Ed Oberts P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS (a) Presentation of Comprehensive Annual Financial Report - Coopers and Lybrand/Finance Director S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (12/7/89) KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING Nova ex 21, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER Pros. Skogeted called the meeting to order at approxiamtely 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pastor Alan Humphries Soldotna Church of God D. ROLL CALL PRESENT: Sewall, Poindexter, Hodgins, Moock, McLane, Atkin- son, O'Connell, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman, Walli; Mayor Gilman, Atty. Boedeker, Adm. Asst. Huss, Public Works Director Brown, Finance Director Kinney, Controller Semmens, Deputy Borough Clerk DeLacee EXCUSED: Crawford E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS- F. APPROVAL OF MINUTES: October 10, 1989 October 26, 1989 November 7, 1989 The minutes were approved as amended. G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, vice Chm. Nash, Glick, O'Connell, Keene) Chairman Sewall reported Skye Carver, Peninsula Sanitation Serv- ices, had presented results of a research poll taken prior to election. Questions askedwere people's perception of solid waste problems and how to pay for them. Mr. Carver also reported on composting technologies and costs, programs and markets. Finance Director Kinney and officers of Coopers and Lybrand also made a presentation on the borough audit. The committee recommended in- troduction of Ord. 89-60 be placed on the consent agenda and Item R. (a) Presentation of Comprehensive Annual Financial Report - Coopers and Lybrand/Finance Director be brought forward for im- mediate consideration. Finance Director Kinney introduced Rich Carson, partner in charge of the Anchorage office of Coopers and Lybrand, and Dave Broline, the audit manager for Coopers and Lybrand. Mr. Rich Carson, Coopers & Lybrand, thanked management for its cooperation in the audit performed. The firm made selective tests of audit of transactions and account balances. These "tests" address the risk of material misstatement in the finan- cial and internal controls. A by-product of this are the reports to management. He advised the firm had a "clean opinion" which means there were no material misstatements in the financial statements and the firm was able to carry out its audit in con- formance with professional standards. Mr. Dave Broline, manager of Coopers & Lybrand, advised the firm had also audited the two hospitals and the school district. He reviewed the report to management and advised they'd found no material control weaknesses in within the control structure, KRnrar PENINSULA ROROUGH REGULAR ASSEMRL•Y MINUTES. NOV. 21. 1989 policies and procedu;e. They did have some enhancements or recomumendations: 1) improved coordination between the depart- ments to enhance financial reporting, 2) timely and properly approved purchase orders for acquisition of goods and services, 3) accounting of fixed assets, 4) more consistent department filing of leases with borough clerk, 5) accrual account for self -,insurance health program, 6) quarterly deferred compensation reports rather then annual, and 7) the banking services contract setup for services. While the firm had some questions on the timely filing of grant reports, they had no questions regarding dollar amounts. Per Assemblymember. Sewall's inquiry, Mr. Broline advised audit of the service areas had been done and a management letter was in process. Finance Director Kinney commented on Item 5 noting a substantial ramification of implementation in FY90/91 on the school district would be expensing 13 periods of health insurance. It could equate to $500,000 applied against the capital and local effort that could not be expended. Item 7 would be split approximately 50/50 with the borough and school district and depending on transactions there could be an additional charge or expenditure by the school district of approximately $20,000. (b) Legislative (Pending Appointment) (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Superman) Chairman Brown advised the committee would move to add Res. 89- 131 to the agenda. (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins,, Superman, Walli) Chairman McLane reported the committee heard Skye Carver's presentation. He said more and more areas are using user fees -- Anchorage and Fairbanks charge about $5 for a personal vehicle and $45 per ton for delivery to their facilities. The committee recommended unanimously the road program priority list of 11/21/89 be substituted for the one mailed. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Ord. 89-60 "Transferring Funds from the Bear Creek Capital Projects Fund to the Bear Creek Fire Service Area Special Revenue Fund" (Mayor @ Req. BCFSA) INTRO- DUCTION ONLY HEARING DEC. 6, 1989 Pres. Skogstad presented Assemblymember Sewall with a gift com- memorating his three year service as assembly president and ex- pressed the assembly's gratitude. Local Affairs Chairman Brown requested Res. 89-131 be added to the agenda under item M. (b). THE CONSENT AGENDA WAS APPROVED BY UNANIMOUS CONSENT AS AMENDED. K. ORDINANCE HEARINGS (a) Ord. 89-53 "Amending Title 20 of the Kenai Peninsula Borough Code of Ordinances to Define the Status of Remainder Parcels Resulting from Right -of -Way Acquisi- tion" (Mayor) ASSEMBLYMEMBER GLICK MOVED :ENACTMENT OF ORD. 89-53. 7 Public hearing was opened and as there was no public comment was closed. ASS 'T10 0 WALLI REQUESTED UNANIMOUS CONSENT APPROVAL AND ORD. 99-53'W" ENACTED BY UNANIMOUS CONSENT. (b) QXd -54 "Amending the Boundaries of the Anchor Point Fire and Emergency Medical Service Area to Delete that Portion of the Service Area Lying Outside of the Anchor Point voting Precinct" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-54. Local Affairs Chairman Brown reported the committee unanimously recommended "do pass". Public hearing was opened and closed as there was no comment. ORD. 89-54 WAS ENACTED BY UNANIMOUS CONSENT. L. INTRODUCTION OF ORDINANCES M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-130 "Requesting the State of Alaska to Fund and Conduct a Hydrogeologic Survey in the Central Peninsula Area of the Kenai :Peninsula Borough" (Superman) ASSEMBLYMEMBER SUPERMAN MOVED ADOPTION OF RES. 89-130. Local Affairs Chairman Brown reported the committee unanimously recommended "do pass". Assemblymember Superman warned it was not a forgone conclusion these monies would be received and felt all advisories to the legislature were helpful. ASSEMBLYMEMBER GLICK MOVED TO AMEND SECTION 2., TO ADD SENATOR BINKLEY, REP. CABINA AND LENNIE GORSUCH, COMMISSIONER OF DNR AND DENNIS KELSO, COMMISSIONER OF DEC AND CORRECTED REFERENCE TO SCR WHICH WAS APPROVED BY UNANIMOUS CONSENT. RES. 89-130, AS AMENDED, WAS ADOPTED BY UNANIMOUS CONSENT. (B) Res. 89-131 "Establishing Priorities of the Assembly for 1990 (Mayor) ASSEMBLYMEMBER BROWN MOVED ADOPTION OF RES. 89-131. Assemblymember Brown said after revaluation the road program of 11-21, giving equal weight to traffic count and maintenance, it should be added to the list. Additionally, the Central Peninsula Emergency Services Area had submitted a revision for its number 2 priority -- adding $10,000 for development of first responder service in the Funny River area. He noted Ninilchik priorities - replacement of Brody Bridge and expansion of the boat harbor. The City of Seward priorities had been received after drafting and printing of Res. 89-131. He requested they be incorporated. Assemblymember Brown said statewide meetings were being held on underground storage tanks, however, none had been scheduled in the borough. He urged involvement. RES. 89-131 WAS ADOPTED BY UNANIMOUS CONSENT. 0. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) 3 (a) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses ordli aces" (Mayor, Req. Task Force) Rtkkgl *D BACK TO COMMITTEE (b) Ord. 69-57 "Amending 3.04.030 of the Kenai Peninsula Borough Code to Establish Policy Regarding Drugs and Alcohol in the Workplace" (Nash)HEARING 12-5-89 (c) Ord. 89-58 "Appropriating Advance Funding of $150,000 from the General Fund Balance to Proceed with the Design of the Seward Transfer Facility, Closure of Present Landfill and Dike Extension" (Mayor)HEARING 12-5-89 (d) Ord. 89-59 "Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Gaming Sales" (Glick)HEARING 12-5-89 (e) Res. 89-129 "Establishing Procedures for Setting Priorities for the Upgrading of the State's Secondary Roads and Rescinding Resolution 86-129" (Poindexter)REMANDED TO COMMITTEE - TO BE REPORTED OUT BY FEB. 6, 1990 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB JECTS NOT ON THE MEETING AGENDA (a) Kenai Peninsula Food, Bank Ed Oberts Rd, 4harts, Soldotna, reported on progress of the Kenai Peninsula Food Barak and thanked Exxon, Seafoods of Alaska and Linda Parker for their efforts. Civic clubs and churches are also involved. The food bank distributes foods to these organizations for ul- timate distribution to persons in need. He asked the assembly to consider making a building available for possible location of the warehouse or contributing funds. Atty. Boedeker said this would not be within the legal limits of assembly powers. P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT Mayor Gilman noted a letter from the DEC on the proposed agree- ment on receipt of oilspill cleanup funds. The borough attorney and others reviewed the document and found several shortcomings and therefore the borough would not sign the agreement. One provision would be the borough would assume all liabilities and would be entirely responsible for disposal of the hazardous waste. He noted Valdez was having some of the same problems. He advised it might well be the first meeting in January before ad- ministration could bring it before the assembly with appropriate changes. Per Assemblymember Sewall's question, the mayor said the individual municipalities' agreements were with Exxon but this agreement would supersede other agreements. He advised As- semblymeMber Skogatad the agreement hadn't been "negotiated" but was essentially DEC's authorship. Atty. Boedeker responded to Assemblymember Brown's inquiry of whether this was more than the standard "hold harmless" clause in state agreements noting the borough was being asked to be local administrator not agent. Assemblymember Superman asked if the governor's reported $1.8 million for local cleanup was contingent upon this agreement. Mayor Gilman said this was indeed the agreement for the reported EMT PrNTMSi7T.Y MTKUTRS. MOV 21 1989 money. The previous agreeseent for $500,000 re oburss*ant for ex- pentoo was still in effect. The agreement for $1, 831, 000 auth6rixed by the governor had been combined with the previous$5O0,OOO for s total $$,351,O00 governed by this agro"eat. Per Mr. to inquiry, Mayor Gilman advised there webs *me very ss�� r cleanup going on in the villages - znglith Hsy, Port Grate "Idovia. He said the Coast Guard had taken everybody off he beach, including not allowing helicopter* to land. Jim Butler, special assistant to the mayor - oil l,iason, said the bigg4t problem now was the public's perception a program was in place for cleanup when in fact it doesn't exist. Mayor Gilman advised in the practical sense there isn't a lot of cleanup that can occur until late February or early mid -March. Mayor Gilman stated the major concern was not the beaches but next year's fishing season. What damage has been done to the beaches has already been done. Consideration of what can be done to insure a fishing season occurs is of primary importance and that might mean a cleanup of the beaches or skimming of the water. He said the thrust of the borough's proposal to the State was the borough would organize all agencies - state, federal, lo- cal and private -- into one plan for next Spring and the winter cleanup was a misnomer. R. OTHER BUSINESS (a) Presentation of Comprehensive Annual Financial Report - Coopers and Lybrand/Finance Director See Finance Committee Report. S. ASSEMBLY AND MAYOR'S COMMENTS Assem�blymember Superman advised he'd been contacted by residents of Kasilof regarding formation of the new advisory planning com- mission. Some residents are concerned about recommendations being put forward by the Coastal Management Advisory Council. Assemblymember Keene reported the Seldovia gym still had a tartan flood' resulting in injury to students. He asked administration to investigate cost of replacement with a wooden floor and put it on the capital improvements project. Assemblymember Brown expressed interest in a teleconference with Son. Binkley on the underground storage tanks. He also reported on the ferry study system recommending continuance of work with Fairbanks, MatSu and Anchorage on the study but no additional ap- propriation. Assemblymember Mullen pointed out the dichotomy of the concern for fishermen in the upcoming fishing season and the fact many agencies were supporting mgriculture. Assemblymember Poindexter concurred with Mr. Keene about the con- cern for Seldovia's gym floor. He reported the Alaska Agricul- ture Symposium had about 200 attendees, including speakers from New Zealand, Canada, the south 48 and Alaska. There was en- thusiasm for the agriculture potential of the borough. It was noted New Zealand is much further from markets but has a $120 million red deer venison market alone. Assemblymember Hodgins asked for an excused absence for Dec. 5, noting he would accompany the mayor and Mr. Sewall to Japan and Korea. He said the trip provided the potential for increased tourism dollars for the peninsula. He advised Suneel Corp. has expressed an ongoing interest in the LNG plant. RStZI g-1 ...5QRWGH RF . T A.R ASSEMBLY MINUTES, NOV. 21, 1989 Assamblymember Atkinson said the former fire training school at KPCC wee now on the "cleanup list, so consideration of requesting petattitrs fit the state should be tempered vri4th this. He ex - prose" 41W40tisla�rr taft with Kenai Caucus positions: 1) encourag- i Y' t4 q�.at AWAR, 2) less restriction/regulations f� L ) teat Kning, 3) opening up spruce bark beetle areas foot I, r wrhioh 1st' result in erosion to the land, 4 ) coal d+es+ I 'I without'total reclamation, 5) contradictory stance wlurrar _ n�q on schools would not be so limited but placing a reatritn A4 lieaitation on property takes, and 6 ) placing a ques- tion on the ballot allbwing refinancing general obligation bends which would in all'probability would be prohibitively expensive. Aseemblytmember O'Connell observed the AML structure was each municipality had one vote regardless of size. He reported at the confer4kes the legislative committee had proposed a resolution which %VVld have provided removal of full funding of schools as an Atli priority although it was later reconsidered and failed. He folt the reason this had occurred was because of the small municipalities who don't contribute to schools anyway. He felt, however, the conference was basically good with some good presen- tations on the revenue picture. Assemblymember Glick agreed it was a relatively good AML con- ference. She noted an economist, Mr. Erickson, stated com- munities were going to have decide whether they were going to maintain the current level of services with an increase in taxes, or cut back on those services. She said on the proposed 1990 municipal platform for municipal league had full funding of education foundation formula and school construction debt reim- bursement program as its second priority, and as Item B. support- ing the endowment fund on the ballot. The first item was municipal revenue sharing, the third item was passage of HB37 or S8100, the next item was a proposed legislative package providing for fiscal stability measures for municipalities - changing the Senior aitisens,'disjabled veterans property tax exemption program to a State administered program. The current program is mandated by the 8toto but is not fully funded so the local taxpayers end up picking up the dollar difference. She noted she abstained from votes on resolutions as she felt they should be brought before tM assembly. She said previously the state Assessor had not placed an assessed value on in -place resources as is now being proposed on the Red Dog Mine. She noted this proposal could have a tremendous impart on the 'Kenai Peninsula Borough. She asked Mayor Gilman to allow Atty. Boedeker and Assessor Hearer to present a position paper on the issue so assemblythem- bers loboying in Juneau cc.ild present the impact on the borough. She noted the Kenai Caucus positions had been open to input at its annual meeting which she'd advised would take place. She en- couraged those having comments might attend a Caucus meeting. Pres. Skogstad advised it was his intent to appoint special pur- pose committees - policies and procedures; solid waste task force -- to deal with specific issues. These subscommittees would be specifically sunsetted when their tasks were accomplished. T. INFIPWATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOORNMENT (12/7/89) President Skogstad adjourned the meeting at approximately 11:05 p.m. p Date Approved 120?- '- Q TTEST: rough e J es, W. Skogstad, ssembly President 6 December 6 7 11 13 14 20 25 1791-1e81 CITY OF KENAI „ Del Capdal 4 41 „ 210 RDALWMW, M-"U Nd11 "M2U-7= FAX 907-2833014 CALENDAR C F MEETING S MONTH OF D E CEMBE R, 1 9 S'9 City Council Economic Development Commission - HEA Conference Room Harbor Commission Planning & Zoning Commission Airport Commission City Council 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 TO DO L I S T DE CEMBE R 20, 1 9 8 9 KENA= C=TY COLTNCT' 1. Clerk: Proposed resolution for Se ovia to Mayor Monday A.M. 2. Airport Commission: Review pro sal from Mr. Goodwin 3. Loper: Letter to Borough regarding two vacation requests r 4. Kornelis: Redo CIP brochie to correct spelling error 5. Mayor: Letter to Job Cops regarding Training Center 6. Clerk: Tapes from RbC conference available for EDC 7. Brown: $15,000 aldpropriation for U.S. Customs Office - next meeting f 8. Brown: Ordina'� a for instituting $300 Ambulance Fee j al