HomeMy WebLinkAbout2018-04-18 Council Packet KENAI CITY COUNCIL - REGULAR MEETING
APRIL 18, 2018 - 6:00 PM
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A.CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
CONSENT AGENDA (Public comment limited to three (3) minutes per speaker; thirty (30) minutes
aggregated)
*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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker)
B.1.Chelsea Plagge, KPBSD Student – Overview of Skills USA Competition, an Opportunity for
Students to Learn Hands on Skills.
B.2.Mayzie Potton and Leah Johnson, KPBSD Students – Overview of their “T-Books”
Organization that fundraises to provide literature to schools and students in several
communities.
C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.PUBLIC HEARINGS
D.1.Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by $286,288
in the Airport Special Revenue and Airport Terminal Improvements Capital Project Funds for
Increased Costs Associated with Phase II of the Project to Design the Airport Terminal
Rehabilitation Project and Authorizing a Contract Amendment with Wince-Corthell-Bryson for
Completion of Phase II of the Project’s Design. (Administration)
Ordinance No. 3013-2018.pdf
D.2.Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section 3.25.060-
Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of Individual Animal,
4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally Parked Vehicles,
13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee, and 23.50.010- Employee
Classification. (Legal and City Clerk)
Ordinance No. 3014-2018.pdf 1
Kenai City Council Meeting Page 2
April 18, 2018
E.MINUTES
E.1.*Regular Meeting of April 4, 2018
04-04-18 Council Minutes - DRAFT.pdf
F.UNFINISHED BUSINESS - None.
G.NEW BUSINESS
G.1.*Action/Approval – Bills to be Ratified.
Payments over $15,000.pdf
G.2.*Action/Approval – Purchase Orders Exceeding $15,000.
G.3.*Action/Approval – Non-Objection to Liquor License Renewal for:
• George’s Casino Lounge
• Pizza Hut
• Wal-Mart Supercenter #4474
Liquor License Renewals.pdf
G.4.*Ordinance No. 3015-2018 – Accepting and Appropriating a Volunteer Fire Assistance (VFA)
Grant From the United States Department of Agriculture Forest Service Passed Through the
State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment.
(Administration)
Ordinance No. 3015-2018.pdf
G.5.*Ordinance No. 3016-2018 – Increasing Estimated Revenues and Appropriations by
$4,434.88 in the General Fund – Police Department for State Traffic Grant Overtime
Expenditures. (Administration)
Ordinance No. 3016-2018.pdf
G.6.*Ordinance No. 3017-2018 – Accepting Drug Seizure Funds Forfeited to the City in the
Amount of $4,709.63 and Appropriating the Funds for the Purchase of Police Department
Small Tools. (Administration)
Ordinance No. 3017-2018.pdf
G.7.*Ordinance No. 3018-2018 – Amending Kenai Municipal Code Title 23-Personnel
Regulations, to Create a New Class of Employees Defined as “Department Head Service”
that Includes Employees who Work at Will and are Compensated within A Salary Range
Approved by the Council, and Making other Housekeeping Changes. (Council Member
Navarre)
Ordinance No. 3018-2018.pdf
G.8.*Ordinance No. 3019-2018 – Increasing Estimated Revenues and Appropriation in the
General and Municipal Roadway Improvements Capital Project Funds and Awarding A
Contract To Complete The Ryan’s Creek Outfall Repair Project To Foster Construction, Inc.
(Administration)
Ordinance No. 3019-2018.pdf
G.9.*Ordinance No. 3020-2018 – Increasing Estimated Revenues and Appropriations in the
Water & Sewer Special Revenue and Water & Sewer Improvements Capital Project Funds
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Kenai City Council Meeting Page 3
April 18, 2018
and Authorizing a Change Order to the Contract with the State of Alaska Department of
Transportation for the Project Entitled “Spur Highway Water Main Replacement – Spur
Highway and Shotgun Drive”. (Administration)
Ordinance No. 3020-2018.pdf
G.10.Action/Approval – Approving a Special Use Permit to the State of Alaska, Department of
Natural Resources, Division of Forestry, for Aircraft Parking and Loading on the Apron.
(Administration)
SOA Foresty Special Use Permit.pdf
G.11.Action/Approval – Consenting to Assignment of Kenai Municipal Airport Lease from Alaska
Realty Group, Inc. to Mossy Oak Properties (Administration)
Consent to Assignment Alaska Realty Group.pdf
H.COMMISSION/COMMITTEE REPORTS
H.1.Council on Aging
H.2.Airport Commission
H.3.Harbor Commission
H.4.Parks and Recreation Commission
H.5.Planning and Zoning Commission
03-28-18 P&Z Minutes - DRAFT.pdf
H.6.Beautification Committee
H.7.Mini-Grant Steering Committee
I.REPORT OF THE MAYOR
J.ADMINISTRATION REPORTS
J.1.City Manager
Mid-Month Reports.pdf
J.2.City Attorney
J.3.City Clerk
K.ADDITIONAL PUBLIC COMMENT
K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker)
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Kenai City Council Meeting Page 4
April 18, 2018
K.2.Council Comments
L.EXECUTIVE SESSION - None.
M.PENDING ITEMS - None.
INFORMATION ITEMS
Purchase Orders between $2,500 and $15,000 for Council Review
Purchase Orders between $2,500 - $15,000.pdf
Kenai Historical Society – March Newsletter
Kenai Historical Society Newsletter March 2018.pdf
Frontier Community Services World Series of Baseball
Baseball Info.pdf
Certificate and Award of Financial Reporting Achievement
Financial Reporting Achievement.pdf
N.ADJOURNMENT
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to
the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3013-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $286,288 IN THE AIRPORT SPECIAL
REVENUE AND AIRPORT TERMINAL IMPROVEMENTS CAPITAL PROJECT FUNDS FOR
INCREASED COSTS ASSOCIATED WITH PHASE II OF THE PROJECT TO DESIGN THE
AIRPORT TERMINAL REHABILITATION PROJECT AND AUTHORIZING A CONTRACT
AMENDMENT WITH WINCE-CORTHELL-BRYSON FOR COMPLETION OF PHASE II OF THE
PROJECT’S DESIGN.
WHEREAS, the scope of the Airport Terminal Improvement project has expanded based on
Phase 1 analysis to a project estimated at approximately $9,700,000 in design and construction
costs; and,
WHEREAS, Ordinance No. 2975-2017 appropriated the original design grant from the Federal
Aviation Administration totaling $521,007; including the City’s required local match of $32,563 but
is no longer sufficient to complete the expanded design; and,
WHEREAS, an additional $286,288 is needed to complete the design and bid services and will
initially be provided by the Airport Special Revenue Fund; and,
WHEREAS, total professional services for design is estimated at $726,500, approximately 7.5%
of the total project budget, and $80,795 in City Administration for a total design budget of
$807,295, approximately 8.3% of the estimated project costs; and,
WHEREAS, the additional $286,288 being provided by the Airport Special Revenue Fund is
eligible for reimbursement by the project and will be included in the grant to be awarded for
construction; and,
WHEREAS, Wince-Corthell-Bryson submitted a proposal to provide additional design and bid
services which the Administration has reviewed and found to be fair and reasonable; and,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That estimated revenues and appropriations be increased as follows:
Airport Special Revenue Fund:
Increase Estimated Revenues:
Appropriation of Fund Balance $286,288
Increase Appropriations:
Transfer to Airport Terminal Improvements
Capital Project Fund $286,288
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Ordinance No. 3013-2018
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Airport Terminal Improvements Capital Project Fund:
Increase Estimated Revenues:
Transfer from Airport Special Revenue Fund $286,288
Increase Appropriations:
Design & Engineering $286,288
Section 2. The City Manager is authorized to execute an amendment to the professional
services agreement with Wince-Corthell-Bryson in the amount of $286,288 for completion of the
Phase II Design for the Airport Terminal Rehabilitation Project.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of April, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 4, 2018
Enacted: April 18, 2018
Effective: April 18, 2018
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: March 23, 2018
SUBJECT: Ordinance No. 3013-2018 – Airport Terminal Rehabilitation
______________________________________________________________________
The memo recommends the appropriation of an additional $286,888 for the design of the Airport
Terminal Rehabilitation Project.
A large component of Phase 1 of this design project was defining the needs and establishing the
scope of work to adequately rehabilitate the terminal. After completion of Phase 1, the extent of
needed upgrades and the associated estimated construction costs was significantly greater than
what was originally anticipated. The scope of work as established by the Phase 1 design includes
roof replacement, new fire sprinkler system, relocation of administrative offices, exterior siding,
interior flooring, wall repairs, painting, new ceiling, interior/exterior lighting upgrades, mechanical
electrical room expansion, ADA upgrades, structural upgrades, mechanical, electrical, and
telecom upgrades, tenant counter refurbishment, sewer line upgrade, and other improvements.
The Phase II design cost was based on a preliminary scope of work and the original conceptual
construction estimate for the terminal rehabilitation project of $4.5 million. With the change of
scope and a revised cost estimate of $9.7 million for construction, the scope and cost for the
Phase II design has increased. Wince-Corthell-Bryson submitted a proposal of $286,288 for
additional design and bid services resulting in total design costs of approximately 7.5% of the
estimated construction cost. Administration found this proposal to be fair and reasonable.
In August 2017, the City received an FAA grant for the Phase 1 and 2 design. It is not uncommon
for design to change during the development of a project and the FAA has confirmed these
additional design costs are grant eligible and can be reimbursed through the construction grant.
Your consideration is appreciated.
7
Grant Total FAA City
No.Improvement Eligible Cost Share Share
1 Roof System
A. New Roof Y 903,996.00$ 847,496.25$ 56,499.75$
B. Asbestos Abatement Y 234,370.00$ 219,721.88$ 14,648.13$
2 Sprinkler System Y 125,250.00$ 117,421.88$ 7,828.13$
3 Exterior Terminal Siding Y 638,505.00$ 598,598.44$ 39,906.56$
4 Interior Flooring, Wall Repairs, Painting and Ceiling 76.5%1,841,356.00$ 1,320,597.51$ 520,758.49$
5 Interior /Exterior Lighting Upgrades Y 585,733.00$ 549,124.69$ 36,608.31$
6 Mechanical and Electrical Room Expansion Y 98,934.00$ 92,750.63$ 6,183.38$
7 ADA Upgrades Y 194,397.00$ 182,247.19$ 12,149.81$
8 Baggage Make-Up Area Expansion Y 595,661.00$ 558,432.19$ 37,228.81$
9 Baggage Breakdown Area Expansion Y 688,957.00$ 645,897.19$ 43,059.81$
10 Departure/Gate Area Expansion Y 492,318.00$ 461,548.13$ 30,769.88$
11 Air Carrier Office Area Refurbishment
A. Ticket Counters Y 74,771.00$ 70,097.81$ 4,673.19$
B. Baggage Conveyors Y 591,948.00$ 554,951.25$ 36,996.75$
C. Office Remodel N 335,478.00$ -$ 335,478.00$
D. Water and Sewer Service N 26,851.00$ -$ 26,851.00$
12 Rental Car Area Refurbishment
A. Front Counters Y 28,561.00$ 26,775.94$ 1,785.06$
B. Office Remodel N 75,627.00$ -$ 75,627.00$
13 Airport Administration Area Refurbishment N 83,944.00$ -$ 83,944.00$
14 Conference Room N 56,880.00$ -$ 56,880.00$
15 Structural Upgrades to Terminal Y 36,431.00$ 34,154.06$ 2,276.94$
16 Sewer Line Upgrade Y 50,000.00$ 46,875.00$ 3,125.00$
17 Electrical, Mechanical and Telecom. Upgrades Y 1,029,007.00$ 964,694.06$ 64,312.94$
20 Service Animal Relief Area Y 40,938.00$ 38,379.38$ 2,558.63$
21 Visual Information System Y 150,905.00$ 141,473.44$ 9,431.56$
22 Portable Kiosks Y 46,611.00$ 43,697.81$ 2,913.19$
23 Smoking Shelter N 51,436.00$ -$ 51,436.00$
24 Arrival Entry Rehabilitation Y 406,921.00$ 381,488.44$ 25,432.56$
25 Second Story Exit Corridor Reconstruction Y 257,063.00$ 240,996.56$ 16,066.44$
Total 9,742,849.00$ 8,137,419.69$ 1,605,429.31$
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Ordinance
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Sponsored by: Legal and Clerk
CITY OF KENAI
ORDINANCE NO. 3014-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING
HOUSEKEEPING AMENDMENTS TO KMC SECTION 3.25.060- ADOPTION PROCEDURE,
3.25.090- PROTECTIVE CUSTODY, 3.30.030-QUARANTINE OF INDIVIDUAL ANIMAL, 4.25.020-
FEE SCHEDULE, 12.25.030- LEAVING OF JUNK OR ILLEGALLY PARKED VEHICLES,
13.30.090-SIGN BEARING THE LEGEND, 18.25.030 – INSPECTION FEE, AND 23.50.010-
EMPLOYEE CLASSIFICATION.
WHEREAS, the City recently changed code publishing companies; and,
WHEREAS, as a part of the conversion process several anomalies in the City’s Municipal Code
have been identified and should be addressed; and,
WHEREAS, making the housekeeping changes provide consistency in the City’s Municipal Code
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as
follows:
Section 1. Amendment of Section 3.25.060 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 3.25.060 – Adoption Procedure, is hereby amended as follows:
Adoption [P] Procedure.
(a) A person adopting an impounded animal shall pay an adoption fee to help defray the cost of
impounding and caring for the animal in accordance with KMC 3.[1]05.100. The adoption fee
shall be as set forth in the City’s schedule of fees adopted by the City Council.
(b) A person adopting an animal shall comply with the licensing requirements of KMC 3.15 or 3.20
as they apply to that animal.
(c) In addition to any other fees required by this title, a person adopting a dog or cat from the City
of Kenai Animal Shelter shall pay a deposit as set forth in the City’s schedule of fees adopted
by the City Council. The deposit shall be refunded upon submission of a veterinarian’s
certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs
and cats over six (6) months of age at the date of adoption. For dogs or cats under six (6)
months of age at adoption, the certificate must be presented within seven (7) months of
adoption.
Section 2. Amendment of Section 3.25.090 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 3.25.090 – Protective Custody, is hereby amended as follows:
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Protective [C]Custody.
(a) When an officer finds it is necessary that an animal not subject to impoundment be taken into
custody of the Animal Control Shelter to preserve the animal’s or the public’s health or safety,
the officer may take the animal into protective custody.
(b) The Animal Control Shelter shall maintain an animal in protective custody until the animal is
redeemed by its owner, or for a minimum of ten (10) days, after which time the animal may be
disposed of as an impounded animal.
(c) The owner of an animal in protective custody may redeem the animal upon demand, without
paying an impoundment fee, upon payment of a boarding fee as provided in KMC
3.05.100(C)[(2) OR (C)(3)].
(d) A person who owns an animal taken into protective custody and disposed of as an impounded
animal may obtain a review of that disposition as provided in KMC 3.25.080.
Section 3. Amendment of Section 3.30.030 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 3.30.030 – Protective Custody, is hereby amended as follows:
3.30.030 Quarantine of [I]Individual [A]Animal.
(a) Subject to KMC 3.30.020, an animal that has bitten by puncturing or breaking the skin of a
person shall be quarantined immediately. The Chief Animal Control Officer shall determine the
duration of the quarantine of the animal, but that duration shall not be less than ten (10) days
nor more than fourteen (14) days.
(b) Conditions of quarantine:
(1) Subject to subsections (b)(2) through (b)(4) of this section, while an animal is quarantined,
its owner shall confine the animal indoors or in a secure enclosure so that it cannot leave
his premises, or come in contact with persons or other animals. The animal may be taken
outdoors for brief period to relieve itself, provided it is kept on a secure leash under the
control of an adult. The animal may be kept under equally secure conditions at a veterinary
hospital or boarding kennel of the owner’s choice. The owner shall inform the Animal
Control Shelter where he is keeping the animal. Upon learning that a dog has bitten a
human being, the Animal Control Officer shall immediately notify the Department of Health
and Welfare and inform said state agency of the place where said dog is impounded. The
City may contract with persons knowledgeable with care and handling of well and sick
dogs for inspection of the said dog for the fourteen (14) days of confinement to determine
whether such dog is infected with rabies. For this purpose, persons so designated by the
City and the Animal Control Officer shall have access to the premises where the dog is
kept at all reasonable hours, and may take possession of the dog and confine it in the
designated dog pound of the City or other suitable place at the expense of the owner. The
owner or persons in possession of harboring such dog under observation shall
immediately notify the Department of Health and Welfare of the State of Alaska of any
evidence of sickness or disease in the dog during its period of confinement and shall
promptly deliver its carcass to the appropriate agency in the event of the animal’s death
during the said period.
(2) No person may release an animal from quarantine without the written consent of the Chief
Animal Control Officer. The Chief Animal Control Officer may require that an animal be
inspected before releasing it from quarantine.
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Ordinance No. 3014-2018
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(3) No person may remove a quarantined animal from the City without notifying the Chief
Animal Control Officer in writing at least 48 hours before the intended removal and
obtaining the written consent of the Chief Animal Control Officer to the removal.
(4) The Chief Animal Control Officer may direct that a quarantined animal be confined at the
Animal Control Shelter.
(c) The owner of a quarantined animal shall bear the expense of keeping the animal while it is
quarantined, wherever it is kept and whether the location of its quarantine is selected by its
owner or directed by the Chief Animal Control Officer. Where a quarantined animal is kept at
the Animal Control Shelter, the owner shall be charged for its upkeep in accordance with KMC
3.05.100[(C)(2) OR (C)(3)].
Section 4. Amendment of Section 4.25.020 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 4.25.020 – Fee Schedule, is hereby amended as follows:
Fee [S]Schedule.
Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to
read:
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 shall be computed according
to KMC 4.05.030[(B)]and the schedule of fees adopted by the City Council.
Section 5. Amendment of Section 12.25.030 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 12.25.030 – Leaving of Junk or Illegally Parked Vehicles, is hereby amended as
follows:
Leaving of Junk or Illegally Parked Vehicles.
(a) No person shall leave any Junk Vehicle on any street, highway, right-of-way or public property
within the City.
(b) No person shall leave any vehicle remaining on public property designated for parking in
violation of regulations, ordinances, and/or posted times, periods, or conditions. Any such
vehicle shall be subject to emergency impounding procedures pursuant to Kenai Municipal
Code 12.25.0[4]60(c).
(c) No person in charge or control of any property within the City, whether as owner, tenant,
occupant, lessee, or otherwise, shall allow any Junk Vehicle to remain on such property longer
than thirty (30) days; except that the junk vehicle storage and repair provisions of this chapter
shall not apply; and no person shall leave any such vehicle on any property within the City for
a longer time than thirty (30) days; except that this Chapter shall not apply with regard to a
vehicle in an enclosed building or completely screened from public view and adjacent properties
in compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of a business
enterprise operated in a lawful place and manner, when necessary to the operation of such
business enterprise; a vehicle in an appropriate storage place or depository maintained in a
lawful place and manner by the City; or Junk Vehicles stored lawfully on parcels zoned: Light
Industrial (IL) or Heavy Industrial (IH).
(d) Notwithstanding the provisions of subsection (c) of this section, if the City Manager or designee
has reasonable grounds to believe that repairs can be made to render a Junk Vehicle operable,
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that the registered owner or other person entitled to possession of the vehicle is willing to
undertake or have performed such repairs, that the vehicle does not pose any health or safety
hazard, and that there is no reasonable means for removing the vehicle from public view while
repairs are being performed, the City Manager may authorize a period of no more than thirty
(30) additional days for the performance of such repairs. In no case, however, may this section
be construed as authorizing the operation of a junkyard or other salvage or repair business
where other requirements of the law have not been met.
Section 6. Amendment of Section 13.30.090 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 13.30.090 –Sign Bearing the Legend, is hereby amended as follows:
Sign [B]Bearing the [L]Legend.
(a) The only entrance by motorized vehicle to the beach area described in KMC 13.30.080(a) shall
be at the natural end of Spruce Street at the Beach Road except as provided in KMC
13.30.080(a)([C]4). At that point a sign or signs shall be erected reading as follows:
“ENTRANCE TO BEACH AREA. ALL VEHICLES MUST PROCEED DIRECTLY NORTH
BEYOND THE LINE OF FOREST DRIVE.”
(b) Other signs shall be placed along the Beach Road reading: “NO VEHICLES BEYOND THIS
POINT.”
Section 7. Amendment of Section 18.25.030 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 18.25.030 –Inspection Fee, is hereby amended as follows:
Inspection [F]Fee.
An inspection fee for each permit in an amount as set forth in the City’s schedule of fees
adopted by the City Council shall accompany an application for permit hereunder to cover the cost
of all inspections performed by City personnel as provided herein, except that in the case of
excavations for water and sewer tie-ins, the inspection fee provided for by this section shall be
waived so as not to duplicate the inspection fee for water and sewer tie-ins required under KMC
17.[0]15.0[4]70(d).
Section 8. Amendment of Section 23.50.010 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 23.50.010 –Employee Classification, is hereby amended as follows:
23.50.010 Employee [C]Classification.
City employees shall be classified by Class, Title, and Pay Range as follows:
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Ordinance No. 3014-2018
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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* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to
City Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
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CLASS CODE CLASS TITLE RANGE
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation
Operator
9
505 Parks, Beautification and Recreation
Laborer
2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Heads
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a
fluctuating and unpredictable training schedule, he or she shall be considered to work twelve
(12) hours per day from Monday through Saturday and eleven (11) hours on Sunday, or the
actual number of hours worked, whichever is greater. The normal work schedule at the
academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four (4) ten
(10) hour shifts as stated in KMC 23.50.0[5]30(b)(l).
Section 9. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
14
Ordinance No. 3014-2018
Page 7 of 7
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 10. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of April, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 4, 2018
Enacted: April 18, 2018
Effective: May 18, 2018
15
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk and Scott Bloom, City Attorney
DATE: March 26, 2018
SUBJECT: Ordinance No. 3014-2018 – Housekeeping Amendments to KMC
______________________________________________________________________
This Ordinance contains housekeeping amendments to correct anomalies discovered throughout
our code and brought to our attention by our new code publishing vendor during the conversion
process. In most cases, the amendments included in this ordinance fix cross reference citations
that were moved throughout the years.
Your consideration is appreciated.
16
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 4, 2018 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on April 4, 2018, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Jim Glendening Mike Boyle (telephonic)
Glenese Pettey
A quorum was present.
Also in attendance were:
**Brittany Gilman, Student Representative
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following additions to the packet:
Remove Item G.2. Purchase Orders Exceeding $15,000
Add to Item F.1. Ordinance No. 3011-2018
• Correction Email from Councilor Molloy
• Email Comments from Residents
• Memo from City Clerk
17
City of Kenai Council Meeting Page 2 of 8
April 4, 2018
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested revisions to the
agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt
SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
*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 PUBLIC COMMENTS – None.
C. UNSCHEDULED PUBLIC COMMENTS
Marian Nelson with the Kenai Fine Arts Council provided an update on the latest visit from their
architect for upgrades to their building; great ideas for restrooms and storage. Also provided an
overview of upcoming shows.
Stephen Rouse with Kenai Peninsula Housing Initiative (KPHI) provided an update on the senior
and income restricted housing developments their agency was in the process of building on
property donated by the City; built with grant funds from the Rasmusson Foundation and Alaska
Housing Finance Corporation, KPHI funds, and mortgage debt as well. He noted KPHI broke
ground July 2017 on their income restricted project and held an open house today; second project
was six units for senior housing and they expected to break ground July 2018.
Mary Jackson spoke on Behalf of Kenai Elks Lodge #2425 providing an update on the status of
their liquor license which had been granted by the Alcohol Beverage Control Board; felt that it was
due to the City’s involvement in the process and expressed gratitude for Council’s and
administration’s diligence.
D. PUBLIC HEARINGS – None.
E. MINUTES
18
City of Kenai Council Meeting Page 3 of 8
April 4, 2018
1.*Regular Meeting of March 21, 2018
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Ordinance No. 3011-2018 – Amending Kenai Municipal Code Section 14.20.290 –
Appeals – Board of Adjustment, to Amend Standing Requirements for Filing an
Appeal, Filing Fee Waivers, Who Makes Initial Determinations on Standing, and
Making Other Housekeeping Changes. (Council Members Pettey and Knackstedt)
[Clerk’s Note: This Item was Postponed to this Meeting from the March 21, 2018
Meeting; A Motion to Enact is on the Floor.]
It was pointed out that the criteria for appealing a decision was minimal but the ordinance
increased the criteria slightly to provide for reasonable appeals; an overview of the changes was
provided.
Upon request and verification of no objection, Mayor Gabriel opened the floor for public testimony;
there being no one wishing to be heard, the public comment period was closed.
It was pointed out that all citizens of the City have the opportunity to participate in the process in
such a way that prevents extraneous expense to the City; notifications provided by means of the
newspaper and/or mailing. Suggestion was made that if someone didn’t participate initially and
did not show individual grievance, the taxpayers should be spared the expense of an appeal.
Concerns were expressed regarding being too exclusionary and consideration for someone that
may be on vacation; an overview of the timeline of the 2006 ordinance was provided.
The attorney clarified the definition of aggrieved could be as we define.
There was additional discussion regarding participation in the initial decision, being personally
aggrieved, and all citizens having the same rights to appeal.
It was pointed out that the people whose projects are being appealed have rights too; they apply,
present their project, have dialogue, may compromise; need fairness on both sides. Also pointed
out that when opposition is expressed when the initial decision is being made, accommodations
could be made at that time.
MOTION TO AMEND:
Council Member Molloy MOVED to amend by replacing the word, “shows” with, “states,” in
14.20.290(a)(3) and replacing the period with a semicolon and adding the word, “or” after the
word, “aggrieved,” and before the words, “To be a “party of record,”” and Council Member Boyle
SECONDED the motion.
There was discussion regarding the differences between “states,” and “shows,” and it was noted
that including the word, “or,” provided that one criteria or the other needed met as opposed to
both.
VOTE ON THE AMENDMENT:
19
City of Kenai Council Meeting Page 4 of 8
April 4, 2018
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by keeping subparagraph 4 in 14.20.290(a) and
Council Member Boyle SECONDED the motion.
It was suggested the category should not be removed altogether; should be conservative when
amending rights.
The point was made again, the applicant’s point of view wasn’t being considered; could potentially
be misused; importance of not opening up again unless the appeal qualifies.
It was further pointed out that there are other avenues for appeals if someone felt their rights were
being denied.
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by adding back subparagraph 5, which would now be
subparagraph 4, and adding the words, “who is a party of record,” in 14.20.290(a) and Council
Member Boyle SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by adding, “and/or “party of record,”” to the end of
subparagraph 3 in 14.20.290(b) and Council Member Boyle SECONDED the motion.
It was noted that by adding the word, “or,” provided that one criteria or the other needed met as
opposed to both.
20
City of Kenai Council Meeting Page 5 of 8
April 4, 2018
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
MOTION TO AMEND:
Council Member Molloy MOVED to amend by 14.250.290(c), to add the phrase, “or is a party of
record,” after the word, “aggrieved,” and add, “together with the appellant’s other reasons for the
appeal,” to the end of the sentence and Council Member Boyle SECONDED the motion.
It was suggested that it was more efficient to have one appeal brought forth to the Board of
Adjustment.
VOTE ON THE AMENDMENT:
YEA: Boyle, Molloy
NAY: Pettey, Knackstedt, Gabriel, Navarre, Glendening
**Student Representative Gilman: NAY
MOTION FAILED .
VOTE ON THE MAIN MOTION:
YEA: Pettey, Knackstedt, Gabriel, Navarre, Glendening
NAY: Boyle, Molloy
**Student Representative Gilman: YEA
MOTION PASSED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Removed from the agenda during approval of the agenda.
3. *Ordinance No. 3013-2018 - Increasing Estimated Revenues and Appropriations by
$286,288 in the Airport Special Revenue and Airport Terminal Improvements Capital
Project Funds for Increased Costs Associated with Phase II of the Project to Design
the Airport Terminal Rehabilitation Project and Authorizing a Contract Amendment
with Wince-Corthell-Bryson for Completion of Phase II of the Project’s
Design. (Administration)
21
City of Kenai Council Meeting Page 6 of 8
April 4, 2018
Introduced by the consent agenda and public hearing set for April 18, 2018.
4. *Ordinance No. 3014-2018 – Making Housekeeping Amendments to KMC Section
3.25.060- Adoption Procedure, 3.25.090- Protective Custody, 3.30.030-Quarantine of
Individual Animal, 4.25.020- Fee Schedule, 12.25.030- Leaving of Junk or Illegally
Parked Vehicles, 13.30.090-Sign Bearing the Legend, 18.25.030 – Inspection Fee,
and 23.50.010- Employee Classification. (Legal and City Clerk)
Introduced by the consent agenda and public hearing set for April 18, 2018.
5. Action/Approval – Schedule a Special Meeting to Conduct Annual Performance
Evaluations for the City Attorney, City Clerk, and City Manager. (City Clerk)
It was decided two special meetings would be held; one on May 14 at 6 p.m. to discuss the
performance evaluations of the City Manager and the City Clerk; one on May 15 at 6 p.m. to
discuss the performance evaluation of the City Attorney and an executive session during the May
16 regular meeting to review the performance evaluation with the City Attorney.
6. Action/Approval – Schedule a Work Session to Review and Discuss the Fiscal Year
2019 City of Kenai Budget. (City Clerk)
It was decided a work session would be held on May 19 beginning at 9:00 a.m..
7. Discussion – Harbor Commission’s Recommendation for Wake Zone Signs at the
Mouth of the Kenai River. (City Manager)
Christine Hutchison, Harbor Commission Chair, spoke in favor of the wake zone signs pointing
out that the Commission was concerned with safety and also erosion; noted the issue had come
from two newly appointed Commissioners with concerns.
Bob Peters, Harbor Commission Member, spoke in favor of the wake zones, noted they had been
in place in the past, and provided a history; noted he assumed the signs used in the past went up
and down with season. Also discussed discrepancies in U.S. Geological Survey and U.S. Corps
of Engineers studies regarding wakes causing erosion.
There was discussion about wakes affecting banks on the tide cycle and loaded commercial boats
throwing a wake no matter whether on step or not.
Mike Dunn, Harbor Commission Member, spok e in favor of the wake zone noting he understands
fishermen’s desire to get to the cannery in a timely manner and pointed out high tide was when
the wake affects the banks and bluff; added that some studies showed wakes caused water
column clouding; suggested the “No Wake” signs be put up for the dipnet fishery and until the
Bluff Erosion Project is finalized to mitigate any further damage.
It was noted that the “No Wake” zone in the river adjacent to the VIP subdivision didn’t get rid of
erosion entirely at certain times; helped safety and developed a pattern. It was further noted that
it was wise to look at mitigating other areas.
22
City of Kenai Council Meeting Page 7 of 8
April 4, 2018
Other suggestions were discussed including prohibiting canoes and small boats, use of strobe
light at high tide, need for consideration to the fishing industry, costs, education to fishing fleet
about impacts, and floating signs versus fixed signs on the river bank.
Neal DuPerron, Harbor Commission Member, spoke in favor of the wake zone, suggesting it was
vital to saving the bluff and pointing out that two apartment buildings have been lost.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – Reported that there were 130 participants at the March for Meals
fundraiser and it was a great time; next meeting April 12.
2. Airport Commission – No report; next meeting April 12.
3. Harbor Commission – No report; next meeting April 9.
4. Parks and Recreation Commission – No report; April 5 meeting cancelled.
5. Planning and Zoning Commission – It was reported that on March 28, the Commission
approved a Conditional Use Permit for overflow parking on Willow Street and, in a
work session, discussed possible recommendations for an ordinance to remove the
provision for Cultivation Facility – Standard marijuana establishments in residential
areas in the City; next meeting April 11.
6. Beautification Committee – No report; next meeting April 10.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the March for Meals Fundraiser and an AK LNG reception;
• Delivered proclamations and attended receptions for Doctor Hansen and Linda
Swarner;
• Attended a dinner for Kenai Peninsula Borough School District for City officials.
J. ADMINISTRATION REPORTS
1. City Manager – P. Ostrander reported on the following:
• Met with GCI and discussed partnership with the Eagle Cam and Dipnet App;
• Administrative team met with the FAA regarding the terminal rehabilitation project,
all needs met and fully funded;
• Provided an update on the Bluff Erosion Project noting the U.S. Corps of
Engineers had $49 million to utilize on the project and expect that more will be
available; hopes to have an update on the director’s report by the next Council
meeting;
• City moving to performance based budgeting; appreciated extension to create the
improved budget document.
2. City Attorney – No report.
23
City of Kenai Council Meeting Page 8 of 8
April 4, 2018
3. City Clerk – J. Heinz reported the concept for permitting for dipnet vendors was close
and would be taken to the Commissions requested in early May and then to Council;
developing training for the Commissions; closely watching the Municipality of
Anchorage’s first vote by mail election.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Mike Dunn offered his property to place wake zone signs.
2. Council Comments
Council Member Glendening noted he attended the Dr. Hansen reception; thanked the Harbor
Commission for their work on the wake zone discussion.
Student Representative Gilman apologized for her absence; noted she has been in three
productions recently; discussed upcoming sport competitions and drama productions for high
school students; honored former KCHS student Allie Ostrander for accomplishing the fastest
steeplechase run in the world; advised that prom was soon and invited all to promenade; noted
Graduation was scheduled for May 21.
Councilor Molloy thanked Student Representative Gilman for her report; thanked Kelso’s and
Rogalsky’s for their comments on the Board of Adjustment ordinance.
Council Member Knackstedt thanked the Administrative team for meeting with the FAA; hopeful
for additional options; noted he would be absent from next meeting.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:33 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of April 4, 2018.
_____________________________
Jamie Heinz, CMC
City Clerk
**The student representative may cast advisory votes on all matters except those subject to
executive session discussion. Advisory votes shall be cast in the rotation of the official council
vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded
in the minutes. A student representative may not move or second items during a council meeting.
24
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: APRIL 18, 2018
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
PERS PERS VARIOUS LIABILITY 86,129.33
HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 116,401 .13
ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 39,337 .65
INTEGRITY JANITORIAL MARCH SERVICE AT CITY HALL NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,389.00
PRECIOUS JANITORIAL MARCH SERVICE AT LIBRARY LIBRARY REPAIR & MAINTENANCE 2,795.00
PRECIOUS JANITORIAL MARCH SERVICE AT TERMINAL AIRPORT REPAIR & MAINTENANCE 4,495 .00
PREC IOUS JANITORIAL MARCH SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00
PREC IOUS JANITORIAL MARCH SERVICE AT VISITOR CENTER VISITOR CENTER REPAIR & MAINTENANCE 928.00
INVESTMENTS
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect.Int.
25
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: April 10, 2018
SUBJECT: Liquor License Renewal
The following establishments have submitted an application to the Alcoholic Beverage Control
Board for renewal of their liquor license:
• G&P, Inc. D/B/A George’s Nightclub
• Kurani, Inc. D/B/A Pizza Hut #9
• Walmart Stores, Inc. D/BA Wal-Mart Super Center #4474
Pursuant to KMC 2.40, a review of City accounts has been completed on the applicants and the
applicants have satisfied all obligations to the City. With the approval of Council, a letter of non-
objection to renewing of the liquor licenses will be forwarded to the ABC Board and the applicants.
Your consideration is appreciated.
26
27
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
March 8, 2018
City of Kenai
Attn: Jamie Heinz, Deputy City Clerk
VIA Email: jheinz@kenai.city
Cc: cityclerk@kenai.city
joanne@borough.kenai.ak.us
jblankenship@borough.kenai.ak.us
kring@borough.kenai.ak.us
Re: Notice of 2018/2019 Liquor License Renewal Application
License Type: Beverage Dispensary License Number: 204
Licensee: G & P, Inc.
Doing Business As: George’s Nightclub
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Erika McConnell, Director
amco.localgovernmentonly@alaska.gov
28
29
30
31
32
33
34
35
"Vt1/~e with a Pas; City with a Future"
21 O Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I FAX: 907-283-3014
MEMORANDUM
TO :
FROM:
DATE :
RE :
David Ross, Chief of Police
Willie Anderson, Lands Manager
Terry Eubank, Finance Department
Scott Bloom , Legal Department
Willie Anderson, Acting City Planner
Jamie Heinz, City Cler~
March 20, 2018
Liquor License Renewal
bad qrrp
1992
The Alcoholic Beverage Control Board has sent notification that the following applicant has applied for
renewal of its Liquor License No. 2596:
Applicant:
D/B/A:
Kurani, Inc.
Pizza Hut '#9
Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for
licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all
obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any
activity of said license holder or applicant.
Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property
payment history, citations , etc.) by the above reference applicant. Initial whether account(s ) and /or
payment plan(s) are current or delinquent. If accounts are del inquent, attach inform ation to this
memorandum indicating amounts owed and for which accounts.
Please let me know if you have any questions . Once you have completed your section, please route to
the next department. Thanks!
1.~19 Department V g. · initials
l.01 have reviewed all reco rds for my department and the applicant is current on obligations or obligations do not exist.
0 The apV?~ has outstanding obligations and an additional page has been attached.
~· Finance initials
E;J I have reviewed all records for my department and the applicant is cu rrent on obligations or obligations do not exist.
0 The ~Pl\G8 nt has outstandi ng obligations and an additional page has been attached . 3~9at "'? r initials
G61 have reviewed all records for my department and the appl icant is current on obligations or obligations do not exist.
0 The applicant has outstanding obligations and an additional page has been attached.
4~ryfs Management UtR!--: initials
1..01 have reviewed all records for my department and the applicant is current on obl igations or obligations do not exist.
Orhe applicant has outs~ obligation s and an additional page has been attached .
5~'!9°ing and Zoning ~ initials
~I have reviewed all records for my department and the applicant is current on obligations or ob ligations do not exist.
Orhe applicant has outstar:idin obligations and an additional page has been attached.
Returned to Clerk's office : _3_,_2.._I .....,..-1+=-
36
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
March 16, 2018
City of Kenai
Attn: Jamie Heinz, Deputy City Clerk
VIA Email: jheinz@kenai.city
Cc: cityclerk@kenai.city
joanne@borough.kenai.ak.us
jblankenship@borough.kenai.ak.us
kring@borough.kenai.ak.us
Re: Notice of 2018/2019 Liquor License Renewal Application
License Type: Restaurant/Eating Place License Number: 2596
Licensee: Kurani, Inc.
Doing Business As: Pizza Hut #9
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Erika McConnell, Director
amco.localgovernmentonly@alaska.gov
37
Alaska Alcoholic Beverage Control Board
Restaurant or Eating Place License
Alcohol and Marijuana Control Office
550 W 7th Avenue, Su ite 1600
Anchorage, AK 99501
alcohol.licensing@alaska.gov
https://www.commerce.al aska .gov/web/amco
Phone: 907.269.0350
Form AB-17a: 2018/2019 Renewal License Application
What is this form?
This renewal licen se application form is required for all individuals or entities seeking to apply fo r renewal of an exi sting re staurant
or eating place liquor license that will expire on December 31, 2017 . All fields of this form must be complete and correct, or the
application will be returned to you in the manner in which it was received, per AS 04.11 .270 and 3 AAC 304.105 . The Comm uni ty
Council field only should be verified/completed by licensees whose establishments are located w ithin the Municipality of
Anchorage or outside of city limits within the Matanuska-Susitna Borough.
This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main
office, along with all other required documents and fees, before any renewal license application will be considered
complete.
Section 1 -Establishment and Contact Information
Enter information for the bu siness see ki ng to have its license renewed . If any populated information is inco rrect, please contact AMCO.
Licensee: Kurani, Inc. License#: 2596
License Type : Restaurant/Eating Place Statute: AS 04.11.100
Doing Business As: Pizza Hut #9
Premises Address: 10160 Kenai Spur Highway
Local Governing Body: City of Kenai (Kenai Peninsula Borough)
Community Council: None
Mailing Address:
City: State: k ZIP:
Enter information for the individual who will be designated as the primary point of contact r egarding this appl ica tion. Th is ind ivi dual
must be a licensee who is required to be listed in and authorized to sign th is application.
Point of Contact:
Contact Phone:
Contact Email:
Yes No
Seasonal License? D g-
(Form AB-17a] (rev 10/16/2017)
License #2596 DBA Pi zza Hut #9
Business Phone:
JAN u 8 2018
CONTROi. Off ICE
M,COHOL Mtr~~~~~~LASKA
Page 1 of S 38
Alaska Alcoholic Beverage Control Board
Restaurant or Eating Place License
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage , AK 99501
alcohol .licensing@alaska.gov
https://www.commerce.alaska.gov/web/amco
Phone: 907 .269.0350
Form AB-17a: 2018/2019 Renewal License Application
Section 2 -Authorization
Communication with AMCO staff:
Does any person other than a licensee named in this application have authority to d iscuss this license with AMCO
staff?
If "Yes", disclose the name of the individual and the reason for this authorization:
Section 3 -Sole Proprietor Ownership Information
Yes No
This section must be co mpleted by any so le proprietorship who is applying for license renewal. Entities should skip to Section 4.
If more space is needed, please attach a separate sheet with the required information.
The following information must be completed for each licensee and each affiliate (spouse).
This individual is an: D applicant
Name:
Mailing Address:
City:
Email:
Contact Phone:
This individual is an: D applicant
Name:
Mailing Address:
City:
Email:
Contact Phone:
(Form AB-17a] (rev 10/16/2017)
License #2596 DBA Pizza Hut #9
D affiliate
I
D affiliate
I
State:
State:
I I ZIP:
I I ZIP:
JAN O 8 2018
ALCOH OL MARrJU ANA CONTROL OFFICE
STATE Of.ALASKA
I
I
Pa ge 2of 5 39
Alaska Alcoholic Beverage Control Soard
Restaurant or Eating Place license
Alcohol and Marijuana Control Office
550 W 7•h Avenue, Suite 1600
Anchorage, AK 99501
plcohol,!i~cns1 !:!c.@~laska .flq_:.:
!J.lli!.LLL\wm.rommcrcc.al ask;i .gov/wcb/(lmco
Phone: 907.269.0350
Form AB-17a: 2018/2019 Renewal License Application
Section 4 -Entity Ownership lnfonnatlon
This subsection must be completed by any licensee that Is a corporation or llC. Corporations and llCs are required to be In good
standing with the Alaska Division of Corporatlons, Business & Professional Ucen51ng (CBPL). You may view your entity's status or
find your CBPl entity number by vising the following site: https:lfwww.commerce.alask a.gov/cbp/main/search/ent itles
Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5.
I Alaska CBPL Entity #: /t/B?I :D
You must ensure that you are able to certify the following statement before signing your Initials In the box to the right: Initials
I certify that this entity Is In good standing with CBPL and that all current entity officials and stakeholders (listed below) ~
are also currently and accurately liste d with CBPL. ~
This subsection must be completed by any community or~ lndudlng a corporation, Umlted llabHlty company, partnership, or
llmlted partnership, that is applying for renewal. If more space Is needed, please attach additional completed copies of this page.
• If the applicant Is a corporation. the following Informati on must be completed for each stockholder who owns 10% or more of
the stock In the corporation, and for each president, vlct1-pmldent, secretary, and managfng officer.
• If the applicant is a limited Nabll!tv orsanizatlon. the following Information must be completed for each member with an
ownership lnterrst of JO" or more, and for each manager.
• If the applicant is a partqershlp. Including a Hmlted partnership. the following Information must be completed for each partner
with on Interest a l"" or more, and for each eneral rtMr.
Entity Official Name:
Title(s):
Ma11lng Address:
City:
Entity Offidal Name:
Title(s}:
Malling Address:
Oty:
Entity Officlal Name:
Trtle(s):
Malling Address:
Oty:
[Form AB-17•) (rev 10/16/2017)
Ucense #2596 OBA Pina Hut 119
Phone:
State:
Phone:
State:
I Phone:
I State:
MAR 1 6 2018
%owned: tbO
ZIP: qc/5lJ
L ZIP:
I I %Owned: I
I I ZIP: I
r
Page3of5
40
Alaska Alcoholic Beverage Control Board
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensing@alaska.gov
https://www.commerce.alaska.gov/web/amco
Phone: 907.269.0350
Restaurant or Eating Place License
Form AB-17a: 2018/2019 Renewal License Application
Section 5 -License Operation
Check a single box for each calendar year that best describes how this liquor license was operated:
Th e license was regularly operated continuously throughout each year, for 8 or more hours each day.
The license was regularly operated during a specific season each year, for 8 or more hours each day.
The license was only operated to meet the minimum requirement of 30 days each year, 8 hours each day.
If this box is checked, a complete copy of Form AB -30: Proof of Minimum Operation Checklist, and all necessary
documentation must be provided with this application.
Th e license was not operated at all or was not operated for at least the minimum requirement of 30 days each year,
8 hours each day, during one or both of the calendar years.
If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must
be submitted with this application for each calendar year during which the license was not operated for at least the
minimum requirement.
Section 6 -Violations and Convictions
Applicant violations and convictions in calendar years 2016 and 2017:
Have any notices of violation (NOVs) been issued to this licensee in the calendar years 2016 or 2017?
Has any person or entity named in this application been convicted of a violation of T itle 04, of 3 AAC 304, or a loca l
ordinance adopted under AS 04.21.010 in the calendar yea rs 2016 or 2017?
2016 2017
~w
DD
DD
DD
Ye s
D
D
No
If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions.
Section 7 -Alcohol Server Education
Read the line below, and then sign your initials in the box to the right of the statement:
I certify that all li ce nsees, agents, and employees who sell or serve alcoholic beverages or check identification of a patron
have completed an alcohol serve r education course approved by the ABC Board and keep current, valid copies of their
course completion cards on the licensed premises during all working hours, as required under AS 04.2 1.025 and
3 AAC 304.465.
[Form AB-17a] (rev 10/16 /2017)
Licen se #2596 DBA Pizza Hut #9 ~;i :I
ALCOHOL MAArJU ANA CONTROL Offill'
STATE OF ALASK A_. -
Initials
Page 4 of 5 41
Alaska Alcoholic Beverage Control Board
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensing@alaska.gov
https://www.commerce.alaska.gov/web/amco
Phon e: 907.269.0350
Restaurant or Eating Place License
Form AB-17a: 2018/2019 Renewal License Application
Section 8 -Gross Receipts
Enter the dollar amounts of the food and gross (food+ alcohol) receipts on the licensed premises, and calculate the percentage of
gross receipts that are from food sales on the licensed premises for each calendar year. (Food Receipt s.;. Gross Rec eipts x 100 = %)
2016 Food Receipts: $838',q 02 .00 2016 Gross Receipts: $ 34 t ,3 cg~. oc % From Food : q9, ?.'1 %
2017 Food Receipts: $Li S" ~, '1t, Lf oo 2017 Gross Receipts: $ yc,.3, 110 oO % From Food : 9 8'. <fl%
Section 9 -Certifications
Read each line below, and then sign your initials in the box to the right of each statement:
I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been lis t ed on this application .
I certify that in accord an ce with AS 04 .11.450, no on e other than the lice nsee (s) has a direct or indirect financial interest
in the license d business.
I certify that I have not alte red t he functional floor plan or reduced or expan ded the area of the license d premises,
and I have not changed the business nam e or the ownershi p (including officers, managers, gene ra l partners, or
st akeho lders) from what is currently on file with the Alcoholic Beve r age Control Board .
I certify o n behalf of myse lf or of the organized entity that I understand that providing a false statem ent on this form or
any other form provided by AMCO is grounds fo r rejection or denial of this app lication or revocation of any license iss ued .
As an applicant for a liquor license renewal, I decl are under penalty of perjury that I have rea d and am familiar with AS 04 and
Initia ls
3 AA C 304, and that this application, including all accomp anying sc hedules and statem ents, is true, correct, and comp lete . I agree to
provide all information required by the Alcoh gJic;.+le_'\~r age Co ntrol Board in support of this application and understa nd that fai lure to
do so by any dead line given to me by AM C~v<iW&~ll ~ in t his application being returned to me as inco mplet e.
i \::: : \). ........ ~ ,, 2~ ~ ~ . --· ., ~ ~, ,... ~ --~ :~.·~OTA R·-..~'~ -~~y-c:.. .:._}' ~
Signature of lice nsee : ~ : -.~~Y : l ; Signature of Notary Pl:iiC
...... ~<. ,I;) •. , ~
V \J o ~/\ r-J v~,.~ : •• ~ Uauc .... 'f \,ff !\f/ 0 "-' """ '~\~\i Notary Public in and for the State of t:::j: LG<.A
Printed name of licensee .,, • <, O ~ ! .... ~~· \': . . _..,.,_---..~-//;---!--,--c,, __ _
'•11 o,, 1:t 5 \.}.~ -My comm1ss1 on expires : (£__ _ ti (_{ a \< '-~ .,, \~~,~.... / //1 T, J v-
()rJ i (o ~ Subscribed and sworn to before m e this '-/'fk'day of r.Jtf t 1 i<4. Y"!J. 20.Li_. (p --'
License Fee : I $ 600 .00 I Application Fee: I $ 200.00
Late Fee of $500.00 -if received or postmarked after 01/02/2018:
Miscellaneous Fees :
GRAND TOTAL (if different than TOTAL):
[Form AB -17a] (rev 10/16/20 17)
Li ce n se #2596 OBA Pi zza Hut #9
I TOTAL: $ 800.00
I I ~ '1"'°'' J~~-2~18 J
ALCOH OL MAR rJUANA CONTROL OFflCE 1
STATE OF ALASKA
42
"Vt1/~e with a Pas~ City with a Future"
210 Fidalgo Avenue , Kena i, Alaska 99611-7794
Telephone: 907-283-7535 I FAX: 907-283-3014
MEMORANDUM
TO:
FROM :
DATE :
RE :
David Ross, Chief of Police
Will ie Anderson , Lands Manager I A c ting City Planner
Terry Eubank, Finance Department
Sc ott B loom, Legal Department
~mie Heinz, City Clerk
April 6 , 2018
Liquor License Renewal
td!tzil mr
1992 120 11
The Alcoholic Beverage Control Board has sent notification that the following applicant has applied
for renewal of their Liquor License #4878:
Applicant:
D/B/A:
Wal-Mart Stores, Inc .
Wal-Mart Supercenter #4474
Pursuant to KMC 2.40 .010 , It is determined to be in the public interest that holders of or applicants
for licenses iss ued by the Alcoholic Beverage Control Board of the State of Alaska shall have all
obligati ons to the City of Kenai on a satisfactory basis prior to the City Council approval of
any activity of said license holder or applicant.
Please review account(s) maintained by your department (i.e . water and sewer billings,
lease/property payment history, c itations, etc.) by the above reference applicant. Initial whether
account(s ) and/or payment plan(s) are c urrent or delinquent. If accounts are delinquent, attach
infonnation to this memorandum indicating amounts owed and for which accounts.
Please let me know if you have any questions. Once you have completed your section, please route
to the next department. Thanks!
1 . Po!J.Pe Department 1' 2 initial s
G I have reviewed all records for my depa rtm ent and th e applica nt is c urrent on obl igations or o bligatio ns do not exist.
0 T he app~P,;o has outstanding obligations and an additional page has been attach ed.
2. Finance ~ initials
01 have reviewed all records for my departmen t and th e applica nt is c urrent on obl igati ons or obligatio ns do not exis t.
0 The app licant has outstanding obligations and an a dd itional page has been atta ched . 3~al 'l_l'J initials
~ I have reviewed all record s for m y departm ent and the applica nt is cu rrent on obliga tions or obligatio ns do not e xist.
0 he applicant h as outs tan d ing obligations and an additional page has been attached .
4 ds Management ~als
I have reviewed all records for m y d epartm ent and the appli ca nt is c urrent on obligations or ob ligation s do not exist.
Orhe applicant has outs:;;t;1,9 o bl i gations and an additional page ha s been attach ed .
5;.fJSnning and Zoning '-initials
LiJ I have reviewed all record s fo r my d epartment and the applicant is c urrent on obl iga tions or obligations do not e xist.
Drhe applicant has outstandin obligations and an additional page ha s been attached.
Returned to Clerk's office : 'f 0 e ~
43
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
December 26, 2017
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: joanne@borough.kenai.ak.us
jblankenship@borough.kenai.ak.us
kring@borough.kenai.ak.us
Re: Notice of 2018/2019 Liquor License Renewal Application
License Type: Package Store License Number: 4878
Licensee: Wal-Mart Stores, Inc.
Doing Business As: Wal-Mart Supercenter #4474
We have received a completed renewal application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under AS 04.11.480.
A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by
furnishing the director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to
defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If
a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary,
capricious, and unreasonable.
To protest the application referenced above, please submit your written protest within 60 days, and
show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity
to defend the application before a meeting of the local governing body.
Sincerely,
Erika McConnell, Director
amco.localgovernmentonly@alaska.gov
44
"'
Alaska Alcoholic Beverage Control Board
Package Store License
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licen sing@ala ska .gov
https://www.commerce.alaska .gov/web/amco
Phone : 907.269.0350
Form AB-17b: 2018/2019 Renewal License Application
What is this form?
This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing package
store liquor license that will expire on December 31, 2017. All fields of this form must be complete and correct, or the application
w ill be r eturned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304 .105. The Community Council fiel d
only should be verified/completed by licensees whose establ ishments are located within the Municipality of Anchorage or outside
of city limits within the Matanuska-Su sitna Borough .
This form must be completed correctly and submitted to the Alcohol & Marijuana Control Office (AMCO)'s main
office, along with all other required documents and fees, before any renewal license application will be considered
complete.
Section 1 -Establishment and Contact Information
Enter information for the business seeking to have its license renewed. If any populated information is incorrect, please contact AMCO .
Licensee: Wal-Mart Stores, Inc. License#: 4878
License Type: Package Store Statute: AS 04.11 .150
Doing Business As: Wa l-Mart Supercenter #4474
Premises Address: 10096 Kenai Spur Highway
Local Governing Body: City of Kenai (Kenai Peninsula Borough)
Community Council: None
Mailing Address: ~.
City: I State: I \Ae. ZIP:
Enter information for the individual who will be designated as the pri mary point of contact regard ing this application. This individual
must be a licensee who is required to be l isted i n and authorized to sign this application.
Point of Contact:
Contact Phone:
Contact Email:
Yes ~
Seasonal License? D ~ If "Yes", write your six-month operating period :------------
[Form AB-17b] (rev 10/16/2017)
Licens e #4878 DBA Wal-Mart Supercenter #4474
OE Page 1 of 5
45
Alaska Alcoholic Beverage Control Board
Package Store License
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
alcohol.licensing@alaska .gov
https://www.commerce.alaska.gov/web/amco
Phone: 907.269.0350
Form AB-17b: 2018/2019 Renewal License Application
Section 2 -Authorization
Communication with AMCO staff:
Does any person other than a licensee named in t his application have authority to discuss this license with
AMCO staff?
If "Yes", disclose the name of the individual and the reason for this authorization :
Section 3 -Sole Proprietor Ownership Information
Yes No
h" b T 1s s et1on must e comp ete db y any so e proprietors 1p w o ts app ying or 1cense renewa . Ent1t1es s ou s ip to Section 4 . h" h . I . f r h Id k
lfmo space is needed, please attach a separate sheet with the required information.
The foll ing information must be completed for each license e and each affi liate (spouse).
This individual an: D applicant D affiliate
Name: ~
Mailing Address: ~
City: ~ I State: I I ZIP: I
Email: ~
Contact Phone: ~
This individual is an: 0 applicant D affiliate ~
Name: ~
Mailing Address: ~
City: I State: I ~ I ZIP: I
Email: ~
Contact Phone: "'-.
'
[Form AB -17b] (rev 10/16/2017) Page 2 of 5
Li cense #4878 DBA Wal-Mart Supercenter #4474 1
46
Alaska Alcoholic Beverage Control Board
Package Store License
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage , A K 99501
alcohol .licensing@a l aska .gov
https://www.commer ce .alaska.gov/web/amco
Phone : 907 .269.0350
Form AB-17b: 2018/2019 Renewal License Application
Section 4-Entity Ownership Information
This subsection must be completed by any licensee that is a corporation or LLC. Corporations and LLCs are required to be in good
standing with the Alaska Division of Corporations, Business & Professional Licensing (CBPL). You may view your entity's status or
find your CBPL entity number by vising the following site: https://www.commerce.alaska .gov/cbp/main/search/entities
Partnerships may skip to the second half of this page. Sole proprietorships should skip to Section 5.
I Alaska CBPL Entity #: I 31 180 J:-
You must ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials
I certify that this entity is in good standing w ith CBPL and that all current entity officials and stakeholders (l ist ed below) ~
ar e also currently and accurately listed with CBPL. v
This subsection must be completed by any entity, including a corporation, limited liability company (LLC), partnership, or limited.
partnership, that is applying for renewal. If more space is needed, please attach additional completed copies of this page.
• If the applicant is a corporation. the following information must be completed for each stockholder who owns 10% or more of
the stock in the corporation, and for each president, vice-president, secretary, and managing officer.
• If the applicant is a limited liability organization. the following information mu st be completed for each member with an
ownership interest of 10% or more, and for each manager.
• If the applicant is a partnership. including a limited partnership, the following information must be completed for each partner
with an interest of 10% or more , and for each general partner.
Entity Official Name:
Title(s): %Owned:
Mailing Address:
City: State: ZIP:
Entity Official Name:
Title(s): I Phone: I I %Owned: I
Mailing Address:
City: I State: I I ZIP: I
Entity Official Name:
Title(s): I Phone: I I %Owned: I
Mailing Address:
City: I State: I I ZIP: I -
[Form AB -17b] (rev 10/16/2017)
Licen se #4878 OBA W a l-Mart Supercenter #4474 DEC Page 3of 5 47
Walmart Stores, Inc
CORPORATE OFFICERS
Jeffrey Gearhart Andrea Marie Lazenby
Secretary
Address: 702 SW 8111 Street
Secretary
Address: 702 SW 811' Street
Bentonville, AR 72716 Bentonville, AR 72716
Phone#:479-204-2272 Phone#: 479-204-9973
Anthony Walker Cynthia (Cindy) Louise Moehring
Vice President Vice President
Address: 702 SW 8111 Street Address: 702 SW 811' Street
Bentonville, AR 72716 Bentonville, AR 72716
Phone#: 479-277-8093 Phone#: 479-204-6116
Steven Robert Zielske Carl Douglas McMillon
Vice President President
Address: 702 SW 8111 Street Add1·ess: 702 SW 811' Street
Bentonville, AR 72716 Bentonville, AR 72716
Phone#: 479-204-1285 Phone#:479-277-250 I
The above officers I directors own less than 1% stock of Wal-Mart Stores, Inc., a public
corporation.
The above officers I directors arc those designated with authority for all licensing matters
and serve in the capacity as listed above for Wal-Mart Stores East, Inc., Wal-Mart Stores
East, LP, Wal-Mart Louisiana, LLC, Wal-Mart Stores Texas, LLC.
WSE Management, LLC and WSE Investment, LLC own the limited and general
partnership interest in Wal-Mart East, LP.
WSE Management, LLC General Partner 1 %
WSE Investment, LLC Limited Partner 99%
None of the above listed officers have ever been convicted of a felony.
48
Alaska Alcoholic Beverage Control Board
Alcohol and Marij uana Control Office
550 W 7th Ave nue, Su ite 1600
Anchorage, AK 99501
alcohol.licensing@alaska.gov
https://www.commerce.alaska .gov/web/amco
Phone : 907.269.0350
Package Store License
Form AB-17b: 2018/2019 Renewal License Application
Section 5 -License Operation
Check a single box for each calendar year that best describes how this liquor license was operat ed:
The license was regularly operated contin uou sly th roughout each year, for 8 or more hours each day.
The lice nse was regularly operated duri ng a specific season each year, for 8 or more hours each day.
The license was only operated to meet the minimum req uirement of 30 days each year, 8 hours each day.
If this box is checked, a complete copy of Form AB-30: Proof of Minimum Operation Checkiist, and all necessary
documenta tio n must be provided with this application .
2016 2017
B~
DD
DD
The license was not operated at all or was not operated for at least the minimum requirement of 30 days each year, D D
8 hours each day, during one or both of the calendar years.
If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must
be submitted with this application for each calendar year during which the license was not operated for at least the
minimum requirement.
Section 6 -Violations and Convictions
Applicant violations and convictions in calendar years 2016 and 2017:
Have any notices of violation (NOVs) been issued to this licensee in the ca lendar years 2016 or 2017?
Has any person or entity named in this application been convicted of a violation of Title 04, of 3 AAC 304, or a local
ordinance adop ted under AS 04.21.010 in the calendar years 2016 or 2017?
Yes
D
D
No
If "Yes" to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions.
Section 7 -Alcohol Server Education
Read the line below, and then sign your initials in the box to the right of the statement: Initials
I certify that all licensees, agents, and employees who sell or serve alcohol ic beverages or check identification of a patron cfbJ
have completed an alcoho l se rver education course approved by the ABC Board and keep curren t , val id copies of their
course completion cards on the licensed premises during all working hours, as requ ired under AS 04.21.025 and
3 AAC 304.465 .
[Form AB -17b) (rev 10/16/2017) Page4of 5
Licen se #4878 OBA Wal-Mart Supercent er #4474
D c 7
49
Alaska Alcoholic Beverage Control Board
Alcohol and Marijuana Control Office
550 W 7•h Avenue, Suite 1600
Anchorage, AK 99501
alcohol. licensi ng@a laska .gov
https://www.commerce.alaska.gov/web/amco
Phone : 907.269.0350
Package Store License
Form AB-17b: 2018/2019 Renewal License Application
Section 8 -Written Orders
Written orders in calendar years 2016 and 2017: Yes No
Did you sell alco holic beverages in response to written orders in calendar years 2016 or 2017? D 13
Section 9 -Certifications
Read each line below, and then sign your Initials in the box to the right of each statement:
I certify that all current licensees (as defined in AS 04.11.260) and affiliates have been listed on this application.
I certify that in accordance with AS 04 .11.450, no one other than the licensee (s) has a direct o r indirect financial interest
in the licensed business.
I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises,
and I have not changed the business name or the ownership (including officers, managers, general partner s, or
stakeholders) from what is currently on file with the Alcoho lic Bev erage Control Board .
I certify on beha lf of myself or of the organized entity that I understand that providing a fal se statement on this form or
any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued .
Initials
License Fee : I $ 1500.00 I Application Fee: I $ 200 .00 I TOTAL: $1700.00
Late Fee of $500.00 -if received or postmarked after 01/02/2018:
Miscellaneous Fees :
GRANO TOTAL (if different than TOTAL):
[F orm AB-17b) (rev 10/16/2017 ) Page 5 of 5
License #4878 DBA Wal-Mart Supercen ter #4474
50
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3015-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A VOLUNTEER FIRE ASSISTANCE (VFA) GRANT FROM THE UNITED
STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE PASSED THROUGH THE
STATE OF ALASKA DIVISION OF FORESTRY FOR THE PURCHASE OF FORESTRY
FIREFIGHTING EQUIPMENT.
WHEREAS, the State of Alaska Division of Forestry has provided a grant in the amount of
$7,499.85 to assist the City of Kenai Fire Department in purchasing forestry firefighting
equipment; and,
WHEREAS, appropriation of this grant for its intended purpose is in the best interest of the City
and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant from the Unities States
Department of Agriculture Forest Service passed through the State of Alaska Division of Forestry
in the amount of $7,499.85 for the purchase of forestry firefighting equipment and is authorized
to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of
this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Federal Grants – Fire $7,499.85
Increase Appropriations –
Fire – Small Tools/Minor Equipment $7,499.85
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
51
Ordinance No. 3015-2018
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18th, 2018
Enacted: May 2nd, 2018
Effective: May 2nd, 2018
52
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Jeff Tucker, Fire Chief
DATE: April 2, 2018
SUBJECT: VFA Grant - Ordinance No. 3015-2018
______________________________________________________________________
The City of Kenai Fire Department has been awarded a Volunteer Fire Assistance (VFA) grant in
the amount of $7,499.85 for the purchase of forestry firefighting equipment from the United States
Department of Agriculture Forest Service through the State of Alaska Division of Forestry. The
grant will fund the purchase of fire hose, chainsaw chaps, and fire nozzles.
53
GOVERNOR BILL WAL KER
March 28,2018
Dear Volunteer Fire Department:
Department of Natural Resources
DIVISION OF FORESTRY
550 West 7'h Suite 1450
Anchorage, AK 9950 l
Main: 907.269-8463
Fax: 907 .269-8421
Thank you for applying for the 2018 Volunteer Fire Assistance grants. 41 fire departments applied for a Volunteer
Fire Assistance NFA) grant requesting a total of $293,996.24 in assistance. 39 of the 41 applications will receive
some level of funding. A total of $277, 123.43 will be awarded. The enclosed spreadsheet lists all applicants and
amount requested. If a fire department was awarded a grant, the amount awarded will be listed in the column titled
"Amount Awarded". Some VFDs will not receive an award this year and some will receive a partial award due to
some requested items being ineligible for funding.
Successful applicants for VFA grants will soon receive their check from their local Forestry office.
• Checks must be cashed within 90 days of issuance. It strongly advised checks be cashed upon receipt.
•· To be eligible for the 2019 VFA grants, compliance documentation, such as copies of receipts for 2018 grant
expenditures, must be submitted at the time of or prior to submitting a 2019 application to your nearest
Forestry office.
• Volunteer Fire Assistance is an award of Federal Financial Assistance with funding from the USDA Forest
Service and as such is subject to the Office of Management and Budget (OMB) Circular A-87, Cost Principles
for State, Local and Indian Tribal Governments; OMB Circular A-102 (Grants and Cooperative Agreements
with State and Local governments) as implemented by USDA regulation 7 CFR Part 3016 (Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments); and
OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations) as implemented by
USDA regulation 7 CFR 3052. The OMB Circulars are available on the internet at
www.whitehouse.gov/omb/grants. Electronic copies of the CFR's can be obtained at the following internet
site: www.gpoaccess.gov/cfr/. If you are unable to retrieve these regulations electronically, please contact
Arlene Weber-Sword at (907)269-8471.
Jf an application was not fully successful do not be discouraged and continue to apply every year by submitting a
complete online application package by deadline. VFDs that did not recieve any funding or recieved a partial
amount, please contact your local Forestry Fire Managment Officer with any questions regarding the application.
The local Division of Forestry offices will be sending out VFA award checks with a letter out lining compliance
requirements sometime in the next few weeks.
Sincerely,
Arlene Weber Sword
Fire Staff Officer
54
2018 VFA Grant Awards
Fire Department Amount
Requested
Amount
Awarded
Division of Forestry Office
Rural Deltana VFD 7 500.00 Delta Area Office
Chena-Goldstream Fire & Rescue $7 371 .00 Fairbanks Area Office
EsterVFD $6 833.00 Fairbanks Area Office
Saleha Fire & Rescue $7 458.30 $7 458 .30 Fairbanks Area Office
Steese Area VFD $7 395.30 $7 395.30 Fairbanks Area Office
Tri-Valle VFD $7 429.00 7 259.00 Fairbanks Area Office
Anchor Point Fire & Emergency $7,500.00 $7,500 .00 Kenai Kodiak Area Office
Medical Service Area
Bear Creek F1reJEMS De rtment 7 437.60 $7 43760 Kenai Kodiak Area Office
Fire Protection Area No 1 (Bayside $7,315.00 $7 ,315.00 Kenai Kodiak Area Office
Fire Station
Kachemak Erne . Services $7 461 .00 Kenai Kodiak Area Office
Kenai FD $7 499.85 7 499.85 Kenai Kodiak Area Office
Lowell Point VFD $7 492.50 Kenai Kodiak Area Office
Nikiski FD $6 718.14 Kenai Kodiak Area Office
Ninilchik Erner en Services $5 395.50 Kenai Kodiak Area Office
Seward FD 7 312 .50 Kenai Kodiak Area Office
Bethel FD $7 470.00 $7 470.00 Mat Su Area and Southwest District
Butte FD $6 674.40 $6674.40 Mat Su Area and Southwest District
Caswell Lakes FSA #135 $5 255.05 $5.255.05 Mat Su Area an~ Southwest District
$7,500.00 $6i180.00 Mat Su Area and Southwest District
Girdwood Vol . Fire & Rescue Inc. $7 360.00 $7 360.00 Mat Su Area and Southwest District
Houston FD $7 470.00 $7,470.00 Mat Su Area and Southwest District
Nondalton VFD $7.500.00 $7.500 .00 Mat Su Area and Southwest District
Nun itchuk FD $7,319.02 $7 319.02 Mat Su Area and Southwest District
Palmer Fire and Rescue $7 500.00 -·--$7 500.00 Mat Su Area and Southwest District
Sutton VFD $7 442.50 $7 442.50 Mat Su Area and Southwest District
Talkeetna VFD 7 499.85 $7,499.85 Mat Su Area and Southwest District
West Lakes FD $7 500.00 $7 500.00 Mat Su Area and Southwest District
WillowVFD $7 449.25 7 449.25 Mat Su Area and Southwest District
Crai VFD $7 500 .00 Southeast Alaska
Gustavus VFD 7 312 50 Southeast Alaska
$7 500.00 Southeast Alaska
$7 500 .00 Southeast Alaska
$7 005.00 $7 005.00 Southeast Alaska
7110.50 $6 510 50 Tok Area Office
$7 497.02 $7 211 .02 Tok Area Office
TetlinVFD $6 030 00 $6 030.00 Tok Area Office
TokVFD $5.842 79 $5.842 79 Tok Area Office
55
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3016-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $4,434.88 IN THE GENERAL FUND –
POLICE DEPARTMENT FOR STATE TRAFFIC GRANT OVERTIME EXPENDITURES.
WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to
support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and
injuries on roadways ; and,
WHEREAS, AHSO traffic-related overtime funds require no local match and allow the Department
to provide specific traffic safety patrols; and,
WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $4,434.88 from
July 1, 2017 to March 31, 2018; and,
WHEREAS, overtime for these additional traffic safety patrols is not budgeted and the Department
is requesting replenishment of its overtime budget equal to the amount of AHSO grant funding
received.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these grant funds from the State of
Alaska in the amount of $4,434.88 and to expend grant funds to fulfill the purpose and intent of
this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
State Grants - Police $4,434.88
Increase Appropriations –
Police - Overtime $4,434.88
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
56
Ordinance No. 3016-2018
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The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18, 2018
Enacted: May 2, 2018
Effective: May 2, 2018
57
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: March 26, 2018
SUBJECT: Ordinance No. 3016-2018 - Ordinance accepting and appropriating
Alaska Highway Safety Office grant funds for Police Overtime
____________________________________________________________________________
The Kenai Police Department continues to participate in traffic enforcement overtime patrols,
reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO).
These overtime patrols are not budgeted in the FY18 budget.
Actual overtime costs for traffic enforcement around the 4th of July and Labor Day holidays that
qualified for AHSO reimbursement, was $1,671.66. The overtime costs for traffic enforcement
around the Thanksgiving holiday that qualified for AHSO reimbursement, was $1,261.69. The
overtime costs for traffic enforcement around the Christmas and New Years’ holidays that
qualified for AHSO reimbursement, was $1,501.53.
AHSO – overtime reimbursements are deposited into the general fund. I would respectfully
request appropriation of the grant amount to the police overtime account.
58
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3017-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING DRUG
SEIZURE FUNDS FORFEITED TO THE CITY IN THE AMOUNT OF $4,709.63 AND
APPROPRIATING THE FUNDS FOR THE PURCHASE OF POLICE DEPARTMENT SMALL
TOOLS.
WHEREAS, the Kenai Police Department has received notice from the Court authorizing the
forfeiture to the Kenai Police Department of $4,709.63 in cash related to the adjudication of drug
cases; and,
WHEREAS, the cash was seized during drug investigations, in which the Kenai Police
Department was the investigating agency; and,
WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeited
funds in the furtherance of the administration of justice.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these forfeited funds in the amount
of $4,709.63 and to expend those funds to fulfill the purpose and intent of this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Forfeitures - Police $4,709.63
Increase Appropriations –
Police – Small Tools $4,709.63
.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
59
Ordinance No. 3017-2018
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18, 2018
Enacted: May 2, 2018
Effective: May 2, 2018
60
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: March 26, 2018
SUBJECT: Ordinance No. 3017-2018 - Ordinance accepting and appropriating
forfeiture funds from drug investigations for police equipment
____________________________________________________________________________
The City of Kenai currently holds $4,709.63 in investigative seizure money that has been forfeited
to the Department. Kenai Court orders were issued, that ordered the forfeiture of funds including
$4,709.63 to the Kenai Police Department. The forfeiture is the result of drug investigations in
which the Kenai Police Department was the investigating agency. The funds are designated to
be used in the furtherance of the administration of justice.
I am respectfully requesting an ordinance appropriating $4,709.63 into the General Fund, Police-
Small Tools account to help pay for police equipment.
61
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Navarre
and Council Member Glendening
CITY OF KENAI
ORDINANCE NO. 3018-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE TITLE 23-PERSONNEL REGULATIONS, TO CREATE A NEW CLASS OF
EMPLOYEES DEFINED AS “DEPARTMENT HEAD SERVICE” THAT INCLUDES EMPLOYEES
WHO WORK AT WILL AND ARE COMPENSATED WITHIN A SALARY RANGE APPROVED BY
THE COUNCIL, AND MAKING OTHER HOUSEKEEPING CHANGES.
WHEREAS, Department Heads are directly responsible to the City Manager for the management
of departments in the City; and,
WHEREAS, these professional and supervisory positions require experienced personnel to
provide departmental direction and leadership; and,
WHEREAS, the City’s Personnel Code does not currently provide sufficient flexibility to allow the
City to consistently recruit and retain top candidates for Department Head positions because the
City is limited to offering compensation at entry levels within the position’s salary range and does
not provide for annual adjustments outside the step schedule; and,
WHEREAS, amending the Personnel Code to allow the City Manager to offer Department Heads
compensation anywhere within a range approved by the City Council commiserate with the
individual’s experience, skills, performance and/or value to the City, will improve the City’s ability
to attract and retain quality Department Heads; and,
WHEREAS, it is a common practice for municipal department heads to work at will for the
administrative head of a municipality; and,
WHEREAS, having department heads serve at will allows a municipal manager the ability to make
changes in departmental leadership when necessary for reasons that are important to the function
of the department, in line with the manager’s philosophy, and in best interest of the City; and,
WHEREAS, bringing in new Department Heads as at will employees allows the City Manager
broader control over the City’s departments, which the City Manager is ultimately responsible for,
while allowing existing Department Heads to continue in the same or similar work environment
under which they were initially hired in a grandfathered status; and,
WHEREAS, existing Department Heads may voluntarily choose to become at will and a part of
the new “Department Head Service,” at any time; and,
WHEREAS, other housekeeping changes are needed to improve the City’s Personnel Code.
62
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 23.05.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.05.060 - Tenure, is hereby amended as follows:
23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject
to good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds.
Section 2. Amendment of Section 23.05.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.05.070 - Definitions, is hereby amended as follows:
23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service.
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.]
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(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE.
(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) 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
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is 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.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
Section 3. Amendment of Section 23.10.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.010 - General, is hereby amended as follows:
23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE PROVISIONS
OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT SERVICE AS INDICATED
IN KMC 23.10.020.]
Section 4. Amendment of Section 23.10.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.020 –Unclassified service, is hereby amended as follows:
23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her 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
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
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Ordinance No. 3018-2018
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23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (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.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
Section 5. Amendment of Section 23.10.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.030 –Classified service, is hereby amended as follows:
23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [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) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
Section 6. Enactment of Section 23.10.035 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.10.035 –Department Head Service, is hereby enacted as follows:
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23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
Section 7. Amendment of Section 23.20.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.20.010 –Initial classification, is hereby amended as follows:
23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council a job
classification plan. Each position in the [C]Classified [S]Service and Department Head 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 [(1)] position or more than one [(1)] position.
The Council shall adopt a classification plan by ordinance.
Section 8. Amendment of Section 23.25.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.020 –Pay plan and adoption, is hereby amended as follows:
23.25.020 Pay [P]Plan and [A]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 [(1)] of the pay ranges provided in the pay
plan. A salary schedule for the Department Heard Service shall be part of the pay plan. The
Council shall adopt a plan and rules by ordinance.
Section 9. Amendment of Section 23.25.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.030 –Pay plan amendment, is hereby amended as follows:
23.25.030 Pay [P]Plan [A]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 or
salary schedule. All modifications shall apply uniformly to all positions in the same class.
Section 10. Amendment of Section 23.25.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.040 –Appointee compensation, is hereby amended as follows:
23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]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 for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class.
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Section 11. Enactment of Section 23.25.045 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.045 –Department Heads, is hereby Enacted as follows:
23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service
shall receive the minimum compensation for the class to which the position is allocated,
except as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class.
Section 12. Amendment of Section 23.25.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.060 –Overtime, is hereby amended as follows:
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 compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees):
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
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(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
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.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time.
Section 13. Amendment of Section 23.25.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.25.080 –Promotion, is hereby amended as follows:
23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having
a higher pay range, he or she shall receive an increase of not less than one (1) pay step from his
or her former position.
Section 14. Amendment of Section 23.30.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.010 –General, is hereby amended as follows:
23.30.010 General.
(a) Recruitment and appointing authority shall be vested in the City Manager.
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(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] Classified and Department Head [S]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 individuals with a disability 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.
Section 15. Amendment of Section 23.30.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.030 –Probationary Period, is hereby amended as follows:
23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service 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, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service 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, fire, and communications, or one additional
season for seasonal employees. 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, fire, and communications) shall not be eligible for annual leave benefits, but he or she
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, employees in the Classified Service 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 or her 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
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and 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 or she was promoted, even
though this necessitates the layoff of the employee occupying the position.
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Section 16. Repeal of Section 23.30.040 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 23.30.040 –Evaluation, is hereby Repealed as follows:
[23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.]
Section 17. Amendment of Section 23.30.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.050 –Business hours and hours of work, is hereby amended as
follows:
23.30.050 Business [H]Hours and [H]Hours of [W]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., [PUBLIC WORKS DEPARTMENTS SHALL BE
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 twenty-four
(24) hours a day. The Library, Senior Center, Public Works, 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, two
thousand eighty (2,080) 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) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) 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 (40) hours, two thousand eighty (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 on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).]
Section 18. Amendment of Section 23.30.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.060 –Attendance, is hereby amended as follows:
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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 be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her 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 or her
supervisor of his or her 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.
Section 19. Amendment of Section 23.30.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.070 –Personnel records, is hereby amended as follows:
23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head 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, compensation, 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.
Section 20. Amendment of Section 23.30.110 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.110 –Travel expense, is hereby amended as follows:
23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) 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 standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager.
(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
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Section 21. Amendment of Section 23.30.120 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.120 –Moving expense for new employees, is hereby amended as
follows:
23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER 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:] At the City Manager’s discretion moving expenses for new employees 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.
(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 OR HER DEPENDENTS MUST ACCOMPANY
HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager.
Section 22. Amendment of Section 23.30.140 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.140 –Relatives in city service, is hereby amended as follows:
23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate 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 or her 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, reinstate-
ments, and new appointments.
[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.]
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Section 23. Amendment of Section 23.35.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.020 –Causes for warning, suspension or discipline, is hereby
amended as follows:
23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action.
(b) General reasons for which an employee may be disciplined include:
(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
Section 24. Amendment of Section 23.35.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.030 –Forms of disciplinary action, is hereby amended as follows:
23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service 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 in the
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classified service 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. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service 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 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 regular employees in the classified service 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.
Section 25. Amendment of Section 23.35.032 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.032 –Arbitration panel, is hereby amended as follows:
23.35.032 Arbitration [P]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 and must not
hold any other office or position in the government of the City of Kenai.
(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 the ordinance codified in this chapter, 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 in the classified service, 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.
Section 26. Amendment of Section 23.35.034 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.034 –Procedures on Appeal, is hereby amended as follows:
23.35.034 Procedures on [A]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 or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
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(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 in the classified service 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 or her designee of the four (4)
remaining members due for service. The City Manager or his or her 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 (3) 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 in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or 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 in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or 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
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 in the classified service to
his or her 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.
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Section 27. Amendment of Section 23.35.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.35.040 –Grievance procedure, is hereby amended as follows:
23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, 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 non-supervisory employees in the classified service are expected to resolve problems
as they arise.
(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service 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 in the
classified service or group of employees in the classified service, 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 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.
Section 28. Amendment of Section 23.40.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.010 –General, is hereby amended as follows:
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23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service 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 twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System.
Section 29. Amendment of Section 23.40.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.030 –Annual leave, is hereby amended as follows:
23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) 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.
(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, and affect appropriate coordination
with the department head. If actual hours used are less than the minimum requirement, then
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the difference shall be deducted from available leave hours without any compensation to the
employee.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) 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.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day.
Section 30. Amendment of Section 23.40.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.040 –Terminal leave, is hereby amended as follows:
23.40.040 Terminal [L]Leave.
Upon separation during initial probation (first six (6) months for Police, Fire and
Communication), accrued annual leave shall not be granted nor paid to [THE] employee’s in the
classified service. 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 the resignation/separation is signed by the employee.
Section 31. Amendment of Section 23.40.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.40.060 –Leave of absence with pay, is hereby amended as follows:
23.40.060 Leave of [A]Absence with [P]Pay.
(a) 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 or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she 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. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED
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STATES OR OF THE UNITED STATES PUBLIC HEALTH SERVICE SHALL BE
ENTITLED, UPON APPLICATION, TO A LEAVE OF ABSENCE FROM CITY SERVICE
FOR ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE 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 OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.]
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business 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 the function to the City. 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.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
Section 32. Repeal of Section 23.40.150 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 23.40.150 –Definitions, is hereby repealed as follows:
[23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
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(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.]
Section 33. Amendment of Section 23.45.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.020 –Periods of Evaluation, is hereby amended as follows:
23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance
evaluated at the following periods:
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
Section 34. Amendment of Section 23.45.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.030 –Performance evaluators, is hereby amended as follows:
23.45.030 Performance [E]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 or her 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 or her 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.
(c) Department Heads shall be evaluated by the City Manager.
Section 35. Amendment of Section 23.45.040 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.040 –Review of performance reports, is hereby amended as
follows:
23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service 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 pay increment or recommend an
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extraordinary increment, the report must be discussed with the reviewing officer and the City
Manager prior to review with the employee.
Section 36. Amendment of Section 23.45.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.050 –Unsatisfactory evaluation, is hereby amended as follows:
23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or
“Needs Improvement” on their annual evaluation shall not be eligible to be advanced a step
increment at appropriate annual, biennial or quadrennial anniversary dates. Employees in the
classified service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be
subject to dismissal.
Section 37. Amendment of Section 23.45.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.45.060 –Performance evaluation appeal procedure, is hereby
amended as follows:
23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service
shall not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she 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 or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and 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.
Section 38. Amendment of Section 23.50.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.50.010 –Employee classification, is hereby amended as follows:
23.50.010 Employee [C]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
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CLASS CODE CLASS TITLE RANGE
105 Public Works Director* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
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CLASS CODE CLASS TITLE RANGE
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating
and unpredictable training schedule, he or she shall be considered to work twelve (12) hours
per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number
of hours worked, whichever is greater. The normal work schedule at the academy shall be five
(5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated
in KMC 23.50.050(b)(l).
Section 39. Enactment of Section 23.55.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.015 –Department Head Service Salaries, is hereby enacted as
follows:
23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager
within the range approved by the City Council as approved through the budget process.
Section 40. Amendment of Section 23.55.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.020 –Compensation Structure by Grade, is hereby amended as
follows:
23.55.020 Compensation Structure by Grade for Employees in the Classified Service.
(a) Compensation structure by grade for employees in the classified service is hereby
established in accordance with the table that is appended to this title and which may be
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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 permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years.
Section 41. Amendment of Section 23.55.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.050 –Hourly Rates, is hereby amended as follows:
23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (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.
Section 42. Amendment of Section 23.55.060 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.060 –Stand-by pay, is hereby amended as follows:
23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service 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, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay.
Section 43. Amendment of Section 23.55.070 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.070 –Call-Out pay, is hereby amended as follows:
23.55.070 Call-out [P]Pay.
When employees in the classified service 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.”
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Section 44. Amendment of Section 23.55.080 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.080 –Longevity pay, is hereby amended as follows:
23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC for a
period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2%)
of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall be paid just once
a year on the August payroll, except that the longevity bonus in 2008 shall be paid after the
effective date of the ordinance codified in this section but prior to the end of the calendar year
2008. Notwithstanding the above, any employee in the classified service who has received a
range increase or a noncost of living pay increase within their current pay range within the twelve
(12) months prior to July 31st is not eligible for a longevity pay bonus.
Section 45. That the operating budget pay schedule as appended in KMC Chapter 23.55 for
all employees excluding those engaged in fire protection activities is amended to read as follows:
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED AND
DEPARTMENT HEAD SERVICE EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE
PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
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22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
Section 46. Application: The provisions of this Ordinance will only apply to Department Heads
who have been hired by the City and completed a probationary period by June 1, 2018.
Department Heads who completed their probationary period before June 1, 2018, may individually
chose to enter the Department Head Service and have the Ordinance apply to their employment
by written notice to the City Manager.
Section 47. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 48. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.
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ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18, 2018
Enacted: May 2, 2018
Effective: June 1, 2018
87
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Tim Navarre, Vice Mayor and Council Member Jim Glendening
DATE: April 11, 2018
SUBJECT: Ordinance No. 3018-2018 – Amending KMC Title 23 Creating a
Department Head Service Class of Employees
______________________________________________________________________
Department Heads report directly to the City Manager and are responsible for the management
of their respective departments. Attracting and retaining highly qualified individuals for these
positions can be difficult, particularly with current restrictions contained in the Kenai Municipal
Code.
KMC 23.25.040(b) limits the salary of a newly hired employee to Level D of the City’s Salary
Schedule. In cases where a prospective employee is highly qualified or where a lateral move
from another agency or business requires a higher salary than is afforded by a Level D salary,
the City is unable to attract these individuals effectively. Additionally, the City Manager does not
have the ability to adjust salaries for our most critical and highest performing existing employees
who might leave the City for similar positions at neighboring agencies or businesses that have
the ability to compensate at higher levels.
This ordinance addresses both of these concerns by establishing a new class of employee
defined as Department Head Service. These employees would be assigned a salary range for
their position as opposed to their salaries being dictated by the City’s Salary Schedule. The top
end of the salary range for each employee in the Department Head Service would be set at
110% of the top step of the same range in the City’s Salary Schedule for employees in the
Classified Service. The City Manager would have the authority to establish the initial salary
upon hire anywhere within the respective range for the position. In addition, the City Manager
could adjust an existing employee’s salary within the range for that position through the annual
budget process based on performance or to maintain competitive salaries for the retention of
highly qualified employees.
Department Head Service employees would be at-will employees that could be suspended or
dismissed without cause subject to review by the City Attorney. However, existing employees
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who would fall within the Department Head Service will be grandfathered in the Classified
Service unless the employee chooses to opt into the Department Head Service.
Your consideration is appreciated.
89
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: April 12, 2018
SUBJECT: Sectional Analysis of Ordinance No. 3018-2018
____________________________________________________________________________
This memorandum provides a sectional analysis of the Kenai Municipal Code changes proposed
by Ordinance No. 3118-2018. Following the sectional analysis is KMC Title 23 in its entirety with
the proposed changes shown.
Section 1. Sectional Analysis:
1. 23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject to
good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds. This change is to clarify that KMC 23.05.060 does not apply to at-will
employees whose tenure might not be subject to satisfactory work performance etc.
2. 23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service. This amendment is needed to reflect that the classified service does not
include the newly created Department Head Service
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments. This is the new definition of Department Head Service.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
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[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.] This definition is no longer needed based on the new definition of
Department Head Service above, and later descriptions.
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE. “General government employee” is not a term used or
needed in the remainder of the personnel Code, so it is removed.
(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) 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
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is 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.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
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3. 23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE
PROVISIONS OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT
SERVICE AS INDICATED IN KMC 23.10.020.] This amendment adds the Department Head
Service into the Personnel Code and removes the remainder of the language as the provisions
of the Chapter that apply to each class of employees is specifically called out and the “Exempt
Service” is not a defined service.
4. 23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110. KMC
23.40.080 refers to PERS which Council members do not participate in through the City, so
it is removed.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her 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
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (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.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
Subsection (G) is deleted because it stated elsewhere, (employment contract and position
descriptions) and does not need to be in code.
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5. 23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service. This change is needed
to recognize the new separate Department Head Service in this section.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [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.] The
changes are to reflect that the City uses a Classification Plan, not a Compensation Guide
and removes the incomplete last sentence that does not provide meaningful information or
guidance.
[(B) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
This section is deleted because most of the positions are no longer in the classified service
and designation of FLSA exemptions are more appropriately provided elsewhere, such as in
position descriptions.
6. 23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
This section describes the new Department Head Service and provides that positions in the
Department Head service are at-will employees who may be dismissed without cause.
Suspensions or dismissals of Department Heads will be reviewed by the City attorney to
review whether the suspension or dismissal violates applicable laws.
7. 23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council
a job classification plan. Each position in the [C]Classified [S]Service and Department Head
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
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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 [(1)] position or
more than one [(1)] position. The Council shall adopt a classification plan by ordinance. These
amendments add the Department Head Service into the classification scheme.
8. 23.25.020 Pay [P]Plan and [A]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 [(1)] of the pay ranges provided
in the pay plan. A salary schedule for the Department Heard Service shall be part of the pay
plan. The Council shall adopt a plan and rules by ordinance. This change reflects that
Department Heads will be paid within a salary range that is determined by the pay plan
established by Council.
9. 23.25.030 Pay [P]Plan [A]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 or
salary schedule. All modifications shall apply uniformly to all positions in the same class. This
change is to ensure the salary schedule for Department Heads is included in future pay plan
amendments.
10. 23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]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 for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class. These changes clarify
that new employees in the Classified Service may be brought in at a Step D, but it does not
apply to Department Head employees who can be brought in or compensated anywhere
within the designated salary range for the position as provided below.
11. 23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class. This new section provides
that Department Heads can be offered a salary anywhere within the appropriate salary range
for the position, as needed.
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12. 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 compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees): This change is
consistent with the removal of the definition of “General Government Employees” above
or in the definitions or in KMC 23.05.070 and clarifies that overtime only applies to
classified employees.
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
This change is similar to the above change and clarifies that it does not apply to
employees engaged in fire protection activities (included captains, engineers) who work
a schedule different from all other City employees.
(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
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Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
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.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time. This amendment is consistent with prior
amendments. All FLSA exempt positions will be designated in position descriptions and or
contract after administrative review. FLSA exemptions are designated by Federal Law based
on job duties and other position related components, and are not determined by City Code.
13. 23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having a
higher pay range, he or she shall receive an increase of not less than one (1) pay step from
his or her former position. This amendment clarifies that it does not apply to the Department
Head Service because Department Heads do not have fixed steps, as proposed.
14. 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] Classified and Department Head [S]Service need
not reside within the City Limits. Departmental rules shall establish response times required
by that department. This change recognizes the Department Head Service, and that
Department Heads are not required to reside in the City.
(d) Minimum age for City employment shall be in accordance with State of Alaska laws.
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(e) Employment of qualified individuals with a disability 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.
15. 23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service 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, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service 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, fire, and communications, or one additional
season for seasonal employees. 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, fire, and communications) shall not be eligible for annual leave benefits, but he or she
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, employees in the Classified Service 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 or her 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
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and 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 or she was.
Changes in this section reflect that probation only applies to classified employees. Classified
employees on probation are essentially at-will employees who may be discharged for no
reason or any reason. Department Head employees are always at will and there is no reason
for a probationary period for Department Heads.
16. [23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
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WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.]
This entire section is removed as evaluations are discussed in greater detail specific to each
employment class later in Chapter 23.45- Performance Evaluation.
17. 23.30.050 Business [H]Hours and [H]Hours of [W]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., [PUBLIC WORKS DEPARTMENTS SHALL BE
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 twenty-four
(24) hours a day. The Library, Senior Center, Public Works, and Animal Control operations
shall be open for business as authorized by the City Manager. This is a house keeping
change to reflect current practice.
(b) Public Safety employees, not including administrators, normal work week is:
(1) Police and Communications—four (4) shifts of ten (10) hours per week, two
thousand eighty (2,080) 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) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) 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 (40) hours, two thousand eighty (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 on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).] This subsection is deleted as it is not consistent with the newly created
Department Head Service and is not needed.
18. 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 be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her 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 or her
supervisor of his or her reason for being absent. If the absence continues beyond the first
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day, the employee shall notify the supervisor on a daily basis unless other arrangements
have been made with the supervisor. This is a housekeeping change.
(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.
19. 23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head service of the City of Kenai. This change
is to clarify that it applies to both the classified and Department Head Service.
(b) The personnel record shall show the employee’s name, title of position held, the
department to which assigned, compensation, 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.
20. 23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) 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 standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager. This amendment clarifies that
Classified and Department Head Service employees may receive a vehicle allowance.
(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
21. 23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER 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:] At the City Manager’s discretion moving expenses for new employees may
be reimbursed for actual and necessary expenses under the following conditions:
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(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.
(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 OR HER DEPENDENTS MUST ACCOMPANY
HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager. The changes to this section covering moving expenses
remove certain limitations, such as requiring dependents to move as well, and a specific
distance requirement, providing greater flexibility in recruitment to the City Manager.
22. 23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate 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 or her 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, reinstate-
ments, and new appointments.
[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.] Changes to this section of code
are primarily housekeeping changes modernizing the code. The City should not be making
presumptions about familial relationships in this case.
23. 23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action. This change clarifies
causes for discipline do not apply to Department Head employees that may be suspended
or terminated at will.
(b) General reasons for which an employee may be disciplined include:
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(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
24. 23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service 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 in the
classified service 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. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service for each written
disciplinary action stating the reasons for the disciplinary action and the date it shall take
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effect. The notice shall be given to the employee at the time such action is taken. A copy of
the notice signed by the employee shall be placed in the employee’s personnel file and shall
serve as prima facie evidence of delivery.
(e) All regular employees in the classified service 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. Changes in this section are to clarify that it only applies to classified employees.
25. 23.35.032 Arbitration [P]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 and must not
hold any other office or position in the government of the City of Kenai.
(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 the ordinance codified in this chapter, 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 in the classified service, 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. This amendment clarifies that this section only
applies to classified employees.
26. 23.35.034 Procedures on [A]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 or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
(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 in the classified service 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
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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 or her designee of the four (4)
remaining members due for service. The City Manager or his or her 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 (3) 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 in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or 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 in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or 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
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 in the classified service to
his or her 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.
Amendments to this section provide that it only applies to Classified Employee’s.
27. 23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, 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 non-supervisory employees in the classified service are expected to resolve problems
as they arise.
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(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service 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 in the
classified service or group of employees in the classified service, 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 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. Changes to this section clarify that grievance procedures
are only for Classified Employees.
28. 23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service 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 twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
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hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System. The Amendment to this section provides that Department Head Service
employees get the same relevant benefits as classified employees.
29. 23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
This change is to include Department Head Service employees.
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) 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.
(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, 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.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
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department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) 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.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day. This amendment
is consistent with other similar amendments above, removing the supervisory and
professional designation from code, as FLSA exemptions are determined based on federal
law analysis.
30. 23.40.060 Leave of [A]Absence with [P]Pay.
(a) 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 or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she 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. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED
STATES OR OF THE UNITED STATES PUBLIC HEALTH SERVICE SHALL BE
ENTITLED, UPON APPLICATION, TO A LEAVE OF ABSENCE FROM CITY SERVICE
FOR ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE IS ENTITLED.
MILITARY LEAVE WITH PAY SHALL BE GRANTED ONLY WHEN AN EMPLOYEE
RECEIVES BONA FIDE ORDERS TO TEMPORARY ACTIVE OR TRAINING DUTY,
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AND SHALL NOT BE PAID IF THE EMPLOYEE DOES NOT RETURN TO HIS OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.] This is essentially a
housekeeping change. Military leave is governed by state and federal law and should
not be restated in our City code as state and federal laws may change creating an
opportunity for the City code to conflict with other laws.
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business 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 the function to the City. 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.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
32. [23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.] This is a
housekeeping change. This section is deleted as it provides state and federal definitions
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pertaining to state and federal law compliance which have changed and are subject to
change. The best practice is to review actual state and federal definitions to ensure
mandatory compliance.
33. 23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance evaluated
at the following periods: This change ensures all employees are evaluated.
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment. This
change reflects only Classified Employees have an probationary period.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees. This housekeeping change recognizes current City practice.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
34. 23.45.030 Performance [E]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 or her 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 or her 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.
(c) Department Heads shall be evaluated by the City Manager. This amendment clarifies
that all Department Heads will be evaluated by the City Manager.
35. 23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified
Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service 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 pay 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. This change reflects that only Classified
employees pay increases are based on evaluations and a step schedule. As provided below,
Classified employees who receive a negative rating on their evaluation are not eligible for a
step increase.
36. 23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or “Needs
Improvement” on their annual evaluation shall not be eligible to be advanced a step increment
at appropriate annual, biennial or quadrennial anniversary dates. Employees in the classified
service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be subject to
dismissal. Consistent with the amendment above, step increases based on evaluations only
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apply to Classified employees. Department Head Service employees will be evaluated, but
there is not a guarantee they will receive additional compensation even with a positive
evaluation.
37. 23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service shall
not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she 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 or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and 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. Amendments to this section are to
reflect that appeal of evaluations only applies to the Classified Service. Appeals of
evaluations are not applicable to at-will Department Head Service employees.
38. 23.50.010 Employee [C]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* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
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CLASS CODE CLASS TITLE RANGE
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
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CLASS CODE CLASS TITLE RANGE
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service This is a minor change to reflect the new term “Department
Head Service.”
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a
fluctuating and unpredictable training schedule, he or she shall be considered to work
twelve (12) hours per day from Monday through Saturday and eleven (11) hours on Sunday,
or the actual number of hours worked, whichever is greater. The normal work schedule at
the academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four
(4) ten (10) hour shifts as stated in KMC 23.50.050(b)(l).
39. 23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager within
the range approved by the City Council as approved through the budget process. This is a
new section of code explaining that the City Manager can set a Department Head’s salary
anywhere within the range of the salary approved by council and through the budget process.
40. 23.55.020 Compensation Structure by Grade for Employees in the Classified
Service.
(a) Compensation structure by grade for employees in the classified service 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 permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
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(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years. Amendments to this section clarify that it only applies to Classified
employees.
41. 23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (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. This amendment is consistent with the overall
structure in the Personnel Code that only Classified employees are paid on an hourly basis.
42. 23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service 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, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay. This amendment clarifies that only Classified
employees receive stand-by pay.
43. 23.55.070 Call-out [P]Pay.
When employees in the classified service 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.” This amendment clarifies that only Classified employees receive call-out pay.
44. 23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC
for a period of at least two (2) years as of July 31st shall be paid a longevity bonus of two
percent (2%) of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall
be paid just once a year on the August payroll, except that the longevity bonus in 2008 shall
be paid after the effective date of the ordinance codified in this section but prior to the end of
the calendar year 2008. Notwithstanding the above, any employee in the classified service
who has received a range increase or a noncost of living pay increase within their current pay
range within the twelve (12) months prior to July 31st is not eligible for a longevity pay bonus.
This amendment clarifies that only Classified employees receive longevity pay.
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45. FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED AND
DEPARTMENT HEAD SERVICE EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE
PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
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FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
This new section of the pay scale reflect a salary range for the Department Head Service. The
bottom of the range is the same as the current FY18 Step A in the Salary Schedule for the range,
but the top of the range has been increased by 10%.
Section 2. Revised Title 23 in its Entirety:
Title 23 - Personnel Regulations
Chapter 23.05 - GENERAL PROVISIONS
23.05.010 Employment—Qualifications.
Employment in City government shall be based on qualifications, free of personal and
political considerations, with equal opportunity for all with no discrimination in employment on
the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, marital
status, changes in marital status, pregnancy, parenthood, or genetic information. It is a policy of
the City to not discriminate against the qualified disabled in employment.
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.
23.05.030 Uniformity of classification and compensation.
Positions having similar duties and responsibilities shall be classified and compensated on
a uniform basis.
23.05.040 Appointment.
Appointments, promotions, and other actions requiring the application of the merit principal
shall be based on systematic evaluation, designed for the position to be filled.
23.05.050 Morale.
High morale shall be maintained by the fair administration of this ordinance, by every
consideration of rights and interests of employees, consistent with the best interest of the public
and the City.
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23.05.060 Tenure.
Tenure of employees in the classified service [COVERED BY THIS TITLE] shall be subject
to good behavior, satisfactory performance of work, necessity for the performance of work, and
the availability of funds.
23.05.070 Definitions.
As used in Title 23, the following terms shall have the meanings indicated:
(a) Unclassified Service. The unclassified service shall include all elected officials, City
Manager, City Attorney, City Clerk, seasonal and temporary employees. Members of boards,
committees, commissions, volunteers, contractors, and consultants are not employees.
(b) Classified Service. All paid employees not in the unclassified [SERVICE] or Department
Head Service.
(c) Department Head Service. The Department Head Service shall include employees who
are directly responsible to the City Manager for the administration of one or more
departments.
[(C)](d) Full-Time. Employees scheduled to work forty (40) hours per week (except certain
Fire Department employees who work an average of fifty-six (56) hours per week) are
considered full time.
[(D)](e) Part-Time. Employees scheduled to work less than forty (40) hours per week.
[(E)](f) Regular. Employees who have completed the probationary period. They may be
assigned to work a full-time or part-time schedule.
[(F)](g) Seasonal. Employees who perform seasonal work for a pre-established period of
not more than six (6) months during a twelve (12)-month period. Seasonal Employees may
be assigned a full time or part-time schedule and are eligible for Public Employee Retirement
Benefits but are ineligible for other benefits and holiday pay. Seasonal Employees who have
completed the probationary period may return to the seasonal position each season subject
to performance evaluations, general conduct and discipline, personnel rules and policies of
the City, layoff, reorganization and other business needs of the City.
[(G)](h) Temporary. Employees who are hired for a pre-established period, usually during
peak workloads or for vacation relief and for not more than six (6) months. They may be as-
signed to work a full-time or part-time schedule. They are ineligible for benefits and holiday
pay.
[(H)](i) Probationary Period. Normally six (6) months, except for Police, Communications
and Fire, which is normally twelve (12) months. This period can be extended up to, but no
longer than, twelve (12) months and eighteen (18) months, respectively.
[(I)](j) Department. The smallest functional budgetary unit of the City government
established by the City Council.
[(J) DEPARTMENT HEAD. A CLASSIFIED EMPLOYEE DIRECTLY RESPONSIBLE TO
THE CITY MANAGER FOR THE ADMINISTRATION OF ONE (1) OR MORE
DEPARTMENTS.]
(k) Promotion. An advancement of an employee from one (1) job classification to a higher
job classification within the same department.
(l) Transfer. The movement of an employee from one (1) department to another
department, regardless of job classification.
(m) [GENERAL GOVERNMENT EMPLOYEE. A CITY EMPLOYEE OTHER THAN A
PUBLIC SAFETY EMPLOYEE.
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(N)] Public Safety Employee. A person employed in the Police, Fire, or Communications
Department.
[(O)](n) Supervisor. Any person who is responsible to a higher divisional or department
level of authority and who directs the work of others.
[(P)](o) 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
Municipal Code of the City of Kenai.
[(Q)](p) City Attorney. A person directly responsible to the City Council. He or she is 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.
[(R)](q) City Clerk. An officer of the City, appointed by the Council, for an indefinite period
of time and shall serve as clerical officer of the Council.
[(S)](r) Grievance. An employee’s oral or written expression of dissatisfaction with some
aspect of his or her employment, a management decision affecting him or her, or an alleged
violation of his or her rights for the purpose of attempting to gain an adjustment of said cause
of dissatisfaction.
Chapter 23.10 - CATEGORIES OF SERVICE
23.10.010 General.
All offices and positions of the City are divided into [C]Classified [S]Service, [AND
U]Unclassified [S]Service and Department Head Service. [ALL THE PROVISIONS OF THIS
CHAPTER SHALL APPLY TO POSITIONS IN THE CLASSIFIED SERVICE. THE PROVISIONS
OF THIS CHAPTER SHALL APPLY TO POSITIONS IN THE EXEMPT SERVICE AS INDICATED
IN KMC 23.10.020.]
23.10.020 Unclassified [S]Service.
The unclassified service shall include the following:
(a) Mayor and Council Members. Only the following provisions shall apply: KMC
23.30.110(b) and (d) [AND 23.40.080 (AS APPLICABLE)], 23.40.100 and 23.40.110.
(b) Members of Boards or Commissions. Only the following provisions shall apply to such
officials: KMC 23.30.110(b) and (d). Only the following provisions shall apply to Planning and
Zoning Commissioners compensated pursuant to KMC 14.05.010: KMC 23.40.100 and
23.40.110.
(c) The following Council-appointed administrative offices:
(1) City Manager. The City Manager shall perform all those duties mandated for his
or her 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
23.25.060(d); KMC 23.30.110(b), (C) and (d); and KMC 23.40.020, 23.40.030,
23.40.040, 23.40.060, 23.40.070, 23.40.095, 23.40.100, 23.40.110, 23.40.120, and
23.40.130. The Council shall by resolution determine whether KMC 23.40.080 applies
to the position of City Manager.
(2) City Clerk. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Clerk.
(3) City Attorney. Only those provisions specifically enumerated under subsection (1)
above shall apply to the City Attorney.
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(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.
[(G) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
EXEMPT SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
CITY MANAGER
CITY ATTORNEY
CITY CLERK]
23.10.030 Classified [S]Service.
The [C]Classified [S]Service shall include all [OTHER POSITIONS IN THE CITY SERVICE]
paid employees not in the Unclassified or Department Head Service.
(a) [ALL P]Positions in the Classified Service are established by the annual budget or
[COMPENSATION GUIDE] Classification Plan. [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) THE FOLLOWING SUPERVISORY AND PROFESSIONAL POSITIONS OF THE
CLASSIFIED SERVICE ARE CONSIDERED TO BE EXEMPT FROM THE PROVISIONS
OF THE FAIR LABOR STANDARDS ACT DUE TO THE NATURE OF THE POSITION:
AIRPORT MANAGER
FINANCE DIRECTOR
FIRE CHIEF
LIBRARY DIRECTOR
PARKS AND RECREATION DIRECTOR
POLICE CHIEF
POLICE LIEUTENANT
PUBLIC WORKS DIRECTOR
PUBLIC WORKS MANAGER
SENIOR CENTER DIRECTOR.]
23.10.035 Department Head Service
(a) Positions in the Department Head Service are established by the annual budget or
Classification Plan.
(b) The Department Head Service shall consist of full-time paid employees who are the
heads of departments. Department Heads serve at will. The City Manager may suspend or
dismiss such employees without cause subject to review by the City Attorney.
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Chapter 23.15 - ADMINISTRATION
23.15.010 Administration by City Manager.
The personnel program established by this title shall be administered by the City Manager.
He or she shall administer all provisions of this title and of the personnel rules. He or she shall
prepare and recommend revisions and amendments to this title as deemed necessary. The City
Manager shall draft such rules as may be necessary to carry out the provisions of this title. 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 title, and shall be binding on the
employees.
Chapter 23.20 - CLASSIFICATION
23.20.010 Initial [C]Classification.
The City Manager shall make analysis of the duties and responsibilities of all positions in the
[C]Classified [S]Service and Department Head Service and shall recommend to the Council a job
classification plan. Each position in the [C]Classified [S]Service and Department Head 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 [(1)] position or more than one [(1)] position.
The Council shall adopt a classification plan by ordinance.
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.
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.
Chapter 23.25 - COMPENSATION
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 compensation structure to recruit and retain an adequate supply of competent
employees.
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23.25.020 Pay [P]Plan and [A]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 [(1)] of the pay ranges provided in the pay
plan. A salary schedule for the Department Heard Service shall be part of the pay plan. The
Council shall adopt a plan and rules by ordinance.
23.25.030 Pay [P]Plan [A]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 or
salary schedule. All modifications shall apply uniformly to all positions in the same class.
23.25.040 Appointee [C]Compensation –Classified Service.
(a) Upon initial appointment to a position, the employees in the Classified Service shall
receive the minimum compensation for the class to which the position is allocated, except
as provided below.
(b) [HOWEVER, I]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 for employees in the Classified Service to be made at a compensation level
above the minimum, but not more than level D for the same class.
23.25.045 Department Heads
(a) Upon initial appointment to a position, employees in the Department Head Service
shall receive the minimum compensation for the class to which the position is allocated,
except as provided below.
(b) In cases when unusual difficulty in filling the vacancy is experienced, or when the
appointee is exceptionally qualified, the City Manager may cause the appointment for
employees in the Department Head Service to be made at a compensation level above the
minimum, but not more than the maximum for the same class.
23.25.050 Pay day.
The pay period is bi-weekly. Employees shall be paid every other Friday (pay day). If the pay
day falls on a holiday, employees shall be paid on the last working day preceding the pay day.
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 compensation schedules) shall be based upon the employee’s
regular rate of pay as follows:
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(1) [GENERAL GOVERNMENT E]Employees in the Classified Service (excluding
public safety, sewer treatment plant, and temporary employees):
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 2
Holiday 2 1/2
(2) Temporary employees:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
Holiday 1 1/2
(3) [GENERAL GOVERNMENT] Employees in the Classified Service and temporary
employees other than employees engaged in fire protection activities must be in a paid
status for forty (40) hours in the work week before overtime compensation will be paid.
(4) Police, communications and sewer treatment plant employees:
Regular Pay Times
Regular Work Day 1 1/2
Saturday 1 1/2
Sunday 2
(5) Employees engaged in fire protection activities:
Regular Pay Times
Regular Work 1 1/2
Saturday 1 1/2
Sunday 1 1/2
(6) Police, communications, employees engaged in fire protection activities, and
sewer treatment plant employees must be in a paid status for their normal work week,
as follows, before overtime compensation will be paid:
Police 40 hours
Employees engaged in fire
protection activities
As required by the Fair
Labor Standards Act
Communications 40 hours
Sewer treatment plant 40 hours
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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.
(c) Compensatory time accumulation shall not exceed the total number of hours equal to
one (1) regular shift of the employee. Once this maximum accumulation has been reached,
all overtime compensation earned by the employee shall automatically be paid in cash.
(d) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES CONSIDERED TO BE] Positions exempt from the provisions of the
Fair Labor Standards Act shall not be bound to a work week of any set number of hours. The
individuals in these positions are expected to work as many hours as the responsibilities of
their positions require. As a result, individuals in these positions shall not be paid overtime
or allowed to accrue compensatory time.
23.25.065 Shift differential pay.
(a) Eligible employees who work certain shifts explained below are entitled to additional
compensation. To be eligible, the scheduled shift must be for a period of less than twenty-
four (24) hours.
(b) Eligible shifts and rates are:
(1) Shift begins after 2:00 p.m. and before 6:00 p.m.—2%.
(2) Shift begins 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.
Shift pay is not to be considered in computing annual leave or holiday pay.
(d) Eligible employees shall receive shift differential pay for each eligible shift worked.
(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.
23.25.070 Acting positions.
Compensation During Temporary Assignment. An employee who is temporarily assigned to
and performs duties of a position with a higher pay range for a period of forty (40) or more
consecutive regular work hours for employees not performing fire protection activities and fifty-six
(56) or more consecutive regular work hours for employees performing fire protection activities
shall be paid at the first step of the higher pay range, or, the employee shall be granted a one (1)
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 (6) months. Such
acting appointments shall be in writing and the employee must perform the duties of the position.
23.25.080 Promotion.
When an employee in the Classified Service is promoted from one class to another having
a higher pay range, he or she shall receive an increase of not less than one (1) pay step from his
or her former position.
Chapter 23.30 - PERSONNEL POLICIES AND PROCEDURES
23.30.010 General.
(a) Recruitment and appointing authority shall be vested in the City Manager.
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(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] Classified and Department Head [S]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 individuals with a disability 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.
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, religion, sex, sexual
orientation, national origin, age, disability, marital status, changes in marital status,
pregnancy, parenthood, genetic information or political 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.
23.30.030 Probationary Period for Employees in the Classified Service.
(a) All original appointments for employees in the Classified Service 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, fire, and communications, which shall
be normally twelve (12) months, subject to meeting criteria for certification which may be
accomplished following six (6) months of service and except for seasonal employees whose
probationary period is established by the term of the first season of employment. Promotional
appointment probationary period shall, for all [PERSONNEL]employees in the Classified
Service, be not less than six (6) months.
(b) In cases where the responsibilities of a position in the Classified Service 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, fire, and communications, or one additional
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season for seasonal employees. 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, fire, and communications) shall not be eligible for annual leave benefits, but he or she
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, employees in the Classified Service 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 or her 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
the ordinance codified in this section shall have their anniversary dates changed to the first
of the month in which the employee’s present anniversary date falls.
(e) During the probationary period, a new employee [HIRE] hired in the Classified Service
may be terminated at any time without advance notice, without cause, and 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 or she was promoted, even
though this necessitates the layoff of the employee occupying the position.
[23.30.040 EVALUATION.
(A) EVALUATIONS SHALL BE REQUIRED ANNUALLY OF ALL CLASSIFIED
EMPLOYEES AND AFTER EACH SEASON FOR SEASONAL EMPLOYEES.
SUPERVISORS SHALL INDICATE THEREON HIS OR HER RECOMMENDATION AS TO
WHETHER OR NOT THE EMPLOYEE SHOULD BE AWARDED A PAY RAISE IN
ACCORDANCE WITH THE CITY PAY PLAN, KMC 23.55.
(B) APPROVAL OF INCREMENT PAY RAISES ARE VESTED IN THE CITY MANAGER.
23.30.050 Business [H]Hours and [H]Hours of [W]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., [PUBLIC WORKS DEPARTMENTS SHALL BE
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 twenty-four
(24) hours a day. The Library, Senior Center, Public Works, 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, two
thousand eighty (2,080) 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) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by
the City Manager.
(c) Sewer Treatment Plant employees work a forty (40) hour week on a shift basis that
allows at least one (1) employee to be at the plant on a given day. When scheduled days off
are two (2) 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.
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(d) All other employees’ normal work week is forty (40) hours, two thousand eighty (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 on
timely notice.
[(E) SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
UNCLASSIFIED SERVICES CONSIDERED TO BE EXEMPT FROM THE PROVISIONS OF
THE FAIR LABOR STANDARDS ACT SHALL NOT BE BOUND TO A WORK WEEK OF
ANY SET NUMBER OF HOURS. THE INDIVIDUALS IN THESE POSITIONS ARE
EXPECTED TO WORK AS MANY HOURS AS THE RESPONSIBILITIES OF THEIR
POSITIONS REQUIRE. THESE INDIVIDUALS ARE EXPECTED, HOWEVER, TO
SUBSTANTIALLY CONFORM TO THE NORMAL WORK WEEK AS DESCRIBED IN
SUBSECTION (D).]
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 be absent [HIM OR HERSELF] from work for any reason without
prior approval from his or her 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 or her
supervisor of his or her 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.
23.30.070 Personnel [R]Records.
(a) The City Manager shall cause a service or personnel record to be maintained for each
employee in the Classified and Department Head 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, compensation, 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.
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
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consideration when a suitable vacancy occurs; however, no employee shall be transferred to a
position for which he or she does not possess the minimum qualifications.
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 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.
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 ensure compliance with this section. Approval of the
individual’s department head is required before acceptance of outside employment.
23.30.110 Travel [E]Expense.
When employees are required to travel outside the City on City business, reimbursement,
subject to advances received, for expenditures incurred shall be determined as follows:
(a) Prior to traveling outside the City, the employee shall obtain permission for the trip and
the mode of travel from the department head.
(b) Travel on official business outside the City by one (1) 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 standard
IRS mileage rate. This rate includes all travel, insurance and fuel.
(c) [THOSE]Classified and Department Head Service employees who [HABITUALLY]often
use their privately-owned vehicle for City business shall be reimbursed thirty dollars ($30.00)
per month, subject to authorization by the City Manager.
(d) The authorized per diem rates are fifty dollars ($50.00) per full twenty-four (24) hour
day, plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to fifty
dollars ($50.00) per day. Claims for lodging expenses will be supported by receipts.
23.30.120 Moving [E]Expense for [N]New [E]Employees.
(a) [WHENEVER A PROFESSIONAL OR TECHNICALLY TRAINED PERSON CHANGES
HIS OR HER 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:] At the City Manager’s discretion moving expenses for new employees 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.
(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 OR HER DEPENDENTS MUST ACCOMPANY
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HIM OR HER OR JOIN HIM OR HER WITHIN ONE (1) YEAR OF THE DATE OF HIS
OR HER APPOINTMENT.]
[4](3) New employees who are assisted with their moving expenses shall be required
to sign a Transportation Agreement prior to employment. The Transportation
Agreement stipulates that the employee will reimburse the City for all or part of such
expenditures in the event of voluntarily leaving City service within a period of two [(2)]
years according to the following schedule:
100%—Less than six (6) months.
75%—Six (6) months, but less than twelve (12) months.
50%—Twelve (12) months, but less than eighteen (18) months.
25%—Eighteen (18) months, but less than twenty-four (24) months.
0%—Two (2) years and over.
(b) New employees may not be given an advance against moving expenses without prior
written approval of the City Manager.
23.30.130 In-service training.
(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 or she 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.
23.30.140 Relatives in [C]City [S]Service.
(a) Two (2) members of an immediate family (spouse, children, brother, sister, in-laws or
parents) shall not be employed under the same immediate 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 or her 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, reinstate-
ments, and new appointments.
[(C) COHABITATION BY ADULTS OF THE OPPOSITE SEX PRESUMES A FAMILY
RELATIONSHIP AND SHALL BE CONSTRUED AS SUCH.]
Chapter 23.35 - GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL
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.
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23.35.020 Causes for [W]Warning, [S]Suspension, or [D]Dismissal.
(a) When an employee[’s] in the Classified Service demonstrates conduct that falls below
desirable standards, he or she may be subject to disciplinary action.
(b) General reasons for which an employee may be disciplined include:
(1) Drinking intoxicating beverages on the job or arriving on the job under the
influence of intoxicating beverages.
(2) Use, consumption, or possession of marijuana (including every compound,
manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin,
including marijuana concentrate), on the job or arriving on the job impaired by the same,
unless the employee has a medical prescription for marijuana from a licensed medical
practitioner as a part of a medical treatment and can perform work unimpaired.
(3) Illegal use, consumption or possession of any controlled or illegal substance on
the job or arriving on the job impaired by the same.
(4) Ingestion, of any prescription or over the counter medication in amounts beyond
the prescribed or recommended dosage on the job, or arriving on the job impaired by
the same. Employees shall notify their immediate supervisor when required to use
prescription medicine that they have been informed has the potential to impair job
performance.
(5) Violation of a lawful duty.
(6) Insubordination.
(7) Breach of discipline.
(8) Being absent from work without first notifying and securing permission from the
employee’s supervisors.
(9) Being habitually absent or tardy for any reason.
(10) Misconduct.
(11) Conviction of a felony or a misdemeanor involving moral turpitude.
(12) Using religious, political, or fraternal influence.
(13) Accepting fees, gifts, or other valuable things in the return for performance of the
employee’s official duties for the City.
(14) Inability to perform the assigned job.
(15) Political activity as restricted by the Charter.
(16) Failure to follow the City’s Drug, Alcohol, and Marijuana policy as set forth in the
City of Kenai Employee Handbook.
(17) Knowingly or negligently failing to follow Federal and State occupational safety
and health regulations and City law and policy regarding the same.
23.35.030 Forms of [D]Disciplinary [A]Action.
(a) Disciplinary action for employees in the classified service 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 in the
classified service 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.
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(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. Where appropriate, disciplinary action shall be of increasing severity.
(d) A written notice shall be given each employee in the classified service 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 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 regular employees in the classified service 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.
23.35.032 Arbitration [P]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 and must not
hold any other office or position in the government of the City of Kenai.
(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 the ordinance codified in this chapter, 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 in the classified service, 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.
23.35.034 Procedures on [A]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 or her designee shall serve a copy of the answer on the employee in person or by
ordinary mail to employee’s home address.
(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 in the classified service 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
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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 or her designee of the four (4)
remaining members due for service. The City Manager or his or her 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 (3) 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 in the classified service and the City Manager or
designee of such date, time, and place of hearing.
(d) At the time of hearing, the employee in the classified service shall present any written
evidence, oral testimony, or witnesses that he or she desires, and thereafter the City
Manager or 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 in the classified
service may make any statement he or she desires by way of argument, which may be
answered by the City Manager or 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
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 in the classified service to
his or her 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.
23.35.040 Grievance [P]Procedure.
(a) [THE]For employees in the classified service, 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
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and non-supervisory employees in the classified service are expected to resolve problems
as they arise.
(b) The following steps shall be followed in submitting and processing a grievance for
employees in the classified service:
(1) Step 1—The aggrieved employee in the classified service or group of employees
in the classified service 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 in the
classified service or group of employees in the classified service, 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 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.
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.
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23.35.060 Re-employment.
(Ords. 336-77(a), 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.
23.35.080 Safety.
(a) The City Manager shall be responsible for the development and maintenance of a safety
program, equal to, but not limited to, OSHA requirements. Such program shall include safety
regulations and discipline controls.
(b) Department heads, supervisors, and employees shall guard the safety of themselves,
fellow employees, and the public.
(c) When accidents occur on City property, the employee shall contact his or her 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.
23.35.090 Legal liability.
(a) Employees shall abide by all laws and regulations which govern the performance of their
duties, and shall perform their duties as reasonable, prudent persons. Defense of legal
claims against an employee relating to an official status with the City, shall be the
responsibility of the City.
(b) If an employee is grossly negligent in the performance of duties and responsibilities and
if an accident results from such negligent performance of duties and responsibilities or if a
court of law finds that the employee willfully exceeded his or her scope of duty and
responsibility, the employee may be held personally and legally liable.
Chapter 23.40 - BENEFITS
23.40.010 General.
(a) All non-temporary, full-time,[AND] non-temporary part-time (fifteen (15) hours and over
per week) classified and Department Head Service 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 twenty-five (25) hours per week, as specified in this article.
(b) An employee hired under the State of Alaska’s Mature Alaskans Seeking Skills Training
(MASST) program shall receive only Social Security, Medicare (KMC 23.40.130), Workers
Compensation (KMC 23.40.110) and family leave (KMC 23.40.130) benefits. The other
benefits in KMC 23.40 shall not apply to persons hired under the MASST program. The
hourly wage paid a MASST employee shall be as set by the State of Alaska, but not less
than minimum wage.
(c) Seasonal employees are eligible to participate in the State Public Employees’
Retirement System.
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23.40.020 Holidays.
(a) Employees 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) Veterans 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 or her 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 a payment for authorized holidays at one and one-half (1-1/2) times their normal
hourly pay as follows:
Fire (7(k) work period): 11.2 hours pay per holiday.
Police, Communications, and Fire (forty (40) hour week): eight(8) hours pay per holiday.
Sewer Treatment Plant Employees (forty (40) hour week): eight(8) hours pay per holiday.
Holidays which occur during annual leave shall be charged against such leave.
23.40.030 Annual [L]Leave.
(a) Annual leave is a combined vacation and sick leave.
(b) Accrual rate:
(1) Full-time [CLASSIFIED] employees except certain Fire Department employees:
7.3846 hours bi-weekly—first two (2) years of service.
8.3077 hours bi-weekly—three (3) through five (5) years of service.
9.2308 hours bi-weekly—six (6) through ten (10) years of service.
10.1538 hours bi-weekly—more than ten (10) years of service.
(2) Fire (7(k) work period):
10.3385 hours bi-weekly—first two (2) years of service.
11.6308 hours bi-weekly—three (3) through five (5) years of service.
12.9231 hours bi-weekly—six (6) through ten (10) years of service.
14.2154 hours bi-weekly—more than ten (10) years of service.
(c) Annual leave is charged on an hour-for-hour basis; i.e., normal work day of eight (8)
hours would be charged at eight (8) hours annual leave; twelve (12) hour work day, twelve
(12) hours annual leave; ten (10) hour work day, ten (10) hours annual leave; twenty-four
(24) hour work day, twenty-four (24) hours annual leave.
(d) Leave continues to accrue during the period of time an employee is on paid leave
except during periods of terminal leave (leave time after which the employee does not intend
to return to work). Leave does not accrue during periods of leave without pay.
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(e) Accrued and unused leave may be carried over from one (1) year to the next for the
purpose of accumulating an annual leave account or reserve. The maximum leave hours
that may be accrued is six hundred forty (640) hours for classified, [AND] unclassified, and
Department Head service employees, and eight hundred ninety-six (896) hours for Fire
Department employees working a 7(k) work period.
(f) 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.
(g) It is required that each employee use a minimum of eighty (80) hours of leave per
calendar year for employees working forty (40) hours per week, and one hundred twelve
(112) hours for employees working a 7(k) work period, 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.
(h) Excess leave above the amount authorized for accrual (subsections (a) through (e))
existing on December 31st shall automatically be paid at the then existing rate for the
individual employee.
(i) Department heads shall schedule vacations for their respective employees with due
consideration for the desires of the employees and the work requirements facing the
department. Vacation schedules may be amended to allow the department to meet
emergency situations.
(j) In the event of significant illness or injury not covered by workers’ compensation, or
absence due to training or education an employee on exhausting annual leave may, with the
approval of the City Manager, borrow up to a six (6) month entitlement (i.e., thirteen (13) x
7.3846 hours) to avoid a no-pay status. In the event the person’s employment with the City
ends prior to the borrowed leave being repaid, the employee must reimburse the City for the
value of any leave not repaid. The City may deduct the value of any leave not repaid from
the employee’s final paycheck.
(k) 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.
(l) [SUPERVISORY AND PROFESSIONAL POSITIONS OF THE CLASSIFIED AND
EXEMPT SERVICES]Employees considered to be exempt from the provisions of the Fair
Labor Standards Act shall have annual leave charged on an eight (8) hour/whole day basis.
If any such employee is present for work during any portion of a day, that employee shall not
be charged annual leave for that day. Conversely, if any such employee is absent from her
or his normal place of work for an entire day (excluding Saturdays, Sundays, and holidays)
that employee will be charged eight (8) hours of annual leave for that day.
23.40.035 Bona fide employer-sponsored medical leave sharing arrangement.
(a) Intent. It is the intent of the City to provide a bona fide employer-sponsored medical
leave sharing arrangement, allowing its eligible employees to donate accrued annual leave
to employees who are eligible to receive such leave for medical emergencies as follows:
(1) Requests for leave donations must be made by the employee through the Human
Resource office in writing. Approved requests will be forwarded by the Human Resource
office to all employees with a cut-off date for donations. Forwarded requests shall only
include information that:
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(A) The requesting employee has made a request for leave under this section of
code;
(B) The amount of leave requested;
(C) Generic procedural information; and
(D) No protected health information or specific factual information may be
disclosed.
(2) Only accrued annual leave may be donated. Donations must be in whole hour
increments of no less than two (2) hours. Employees donating leave must have and
maintain a minimum of forty (40) hours of accrued annual leave in their leave accounts.
The identity of employees donating or not donating leave will not be disclosed.
Probationary employees and employees working less than fifteen (15) hours a week
may not donate or receive donated leave.
(3) All leave will be donated into an employee leave bank and received on an hour-
for-hour basis without consideration of individual City wages.
(4) Leave donations will be used in order of receipt by the City’s Human Resource
office. Leave will be transferred as needed into the employee leave bank. Employees
receiving donated leave may not cash out any donated leave.
(5) Only employees who have exhausted all annual leave are eligible to receive
donated leave. Donated leave can only be used for a medical emergency defined as a
condition of the employee or employee’s spouse, parent, or child, including
bereavement for a spouse, parent or child, that will require the prolonged absence,
including intermittent absences, of the employee from duty and will result in a
substantial loss of income to the employee, because the employee will have exhausted
all annual leave.
(6) Donated leave will not count towards the minimum hours of leave each employee
must use each calendar year.
(7) The City Manager shall create any necessary complimentary policies and forms to
implement this section of code.
23.40.040 Terminal [L]Leave.
Upon separation during initial probation (first six (6) months for Police, Fire and
Communication), accrued annual leave shall not be granted nor paid to [THE] employee’s in the
classified service. 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 the resignation/separation is signed by the employee.
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 one hundred eighty (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 workers’ compensation pay.
(b) If an employee uses more than thirty (30) days total leave without pay during his or her
leave year, his or her 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
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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.
23.40.060 Leave of [A]Absence with [P]Pay.
(a) 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 or she shall not suffer any loss of his or her regular City
compensation during such absence; however, he or she shall be required to transfer
any compensation he or she 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. Employee’s shall be eligible for military leave or associated benefits
in compliance with State and Federal law. [AN EMPLOYEE WHO HAS COMPLETED
THE PROBATIONARY PERIOD AND WHO IS A MEMBER OF THE NATIONAL
GUARD OR RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED
STATES OR OF THE UNITED STATES PUBLIC HEALTH SERVICE SHALL BE
ENTITLED, UPON APPLICATION, TO A LEAVE OF ABSENCE FROM CITY SERVICE
FOR ONE (1) PERIOD NOT EXCEEDING FIFTEEN (15) CONSECUTIVE DAYS IN
ANY ONE (1) CALENDAR YEAR. HOWEVER, BECAUSE POLICE, FIRE, AND
COMMUNICATIONS EMPLOYEES HAVE A TWELVE (12) MONTH PROBATIONARY
PERIOD RATHER THAN THE SIX (6) MONTH PROBATIONARY PERIOD FOR
OTHER CLASSIFIED EMPLOYEES, THEY SHALL BE ELIGIBLE FOR MILITARY
LEAVE AFTER SIX (6) MONTHS OF SERVICE. SUCH LEAVE SHALL BE GRANTED
WITHOUT LOSS OF TIME, PAY (DIFFERENCE BETWEEN REGULAR AND
MILITARY PAY INCLUDING COLA, BUT NOT INCLUDING OTHER REGULAR
ALLOWANCES), OR OTHER LEAVE, AND WITHOUT IMPAIRMENT OF MERIT
RATINGS OR OTHER RIGHTS OR BENEFITS TO WHICH HE OR SHE 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 OR
HER POSITION IMMEDIATELY FOLLOWING THE EXPIRATION OF THE PERIOD
FOR WHICH HE OR SHE WAS ORDERED TO DUTY.]
(3) Conferences, Conventions and Other Related City Business. Decisions
concerning attendance at conferences, conventions, or other functions pertaining to
City business 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 the function to the City. 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.
(4) Death in the Immediate Family. Leave of absence with pay is provided to assist
an employee who must be absent from work as a result of a death in the immediate
family. The employee’s absence would be for funeral attendance, or to handle matters
arising due to the death of an immediate family member, that cannot practicably be
taken care of outside of regular business hours. Upon the City Manager’s approval,
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employees shall be entitled to the following leave, which will not directly affect their
personal leave account: three (3) working days, up to twenty-four (24) hours maximum.
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 or her
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 maybe 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 up time off.
(c) The City shall allow time off with pay and shall reimburse an employee for the expenses
of attending classes, lectures, conferences, or conventions when attendance is on an
assignment basis with prior approval of the employee’s department head.
(d) Normally, the cost of textbooks and technical 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, the textbooks and publications shall become the property of
the City.
23.40.080 Retirement.
Eligible employees are required to participate in the State Public Employees’ Retirement
System (PERS) unless the employee’s category or class of employment has been exempted by
amendment to the City’s PERS Participation Agreement. Amendment to the City’s PERS
Participation Agreement for the purpose of exempting a class or category of employees must be
authorized by Resolution of the City Council.
23.40.090 Retirement age.
As authorized and required by Public Employees Retirement System.
23.40.095 Supplemental retirement.
All employees with six (6) 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 thirty-seven thousand five hundred dollars ($37,500.00) 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.
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.
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23.40.110 Industrial accidents.
All employees shall be covered under the State of Alaska workers’ 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.
23.40.120 Medical and hospital insurance.
Medical and hospital insurance shall be provided by a group policy for all employees with a
percentage of plan costs paid by the City and a percentage paid by the employee unless the
employee declines such coverage. Life, major medical, dental, and vision insurance are included
as part of group insurance. The percentage of plan costs paid by the City and employees,
respectively, shall be approved by the Council annually during the budget process, or as
otherwise necessary after consideration of a recommendation and any alternatives submitted by
the City Manager.
23.40.130 Family leave.
(a) An employee is eligible to take family leave if the employee has been employed for: (1)
at least thirty-five (35) hours a week for at least six (6) consecutive months immediately
preceding the leave; or (2) at least seventeen and one-half (17.5) hours per week for twelve
(12) consecutive months immediately preceding the leave; or (3) at least one (1) year
immediately preceding the leave during which the employee has worked at least one
thousand two hundred fifty (1,250) hours. The leave may be unpaid leave. However, the
employee must exhaust all accrued annual leave before unpaid leave is allowed. The City
shall permit an employee to take family leave for a total of eighteen (18) work weeks within
a twelve (12) month period because of a serious health condition or pregnancy and childbirth,
adoption or foster placement. The right to take family leave for pregnancy and childbirth,
adoption or foster placement of a child expires one (1) year after the birth or placement of
the child. An eligible employee is entitled to take family leave:
(1) Because of pregnancy and the birth of a child of the employee or the placement of
a child, other than employee’s stepchild, with the employee for adoption or foster care;
(2) In order to care for the employee’s child, spouse, or parent who has a serious
health condition; in this paragraph, “child” includes the employee’s biological, adopted,
or foster child, stepchild, or legal ward; and
(3) Because of the employee’s own serious health condition.
(b) If a parent or child of two (2) employees employed by the City has a serious health
condition, the City is not required to grant family leave to both employees simultaneously.
(c) During the time that an employee is on leave under this section, the employer shall
maintain at its expense coverage under any group health plan at the level and under the
conditions that coverage would have been provided if the employee had been employed
continuously from the date the leave began to the date the employee returns from leave.
(d) At the expiration of leave granted under this section, the City shall restore the employee
to the same or a substantially similar position with the same benefits, pay, and other terms
and conditions of employment.
23.40.140 Employee transfer.
(a) A pregnant employee may request a transfer to a suitable position under this section.
The City may not fill the position with a person other than the requesting employee until the
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employer has offered the position to the employee and the employee has refused the offer.
A position is suitable if:
(1) It is an existing unfilled position in the same administrative division in which the
employee is currently employed and is less strenuous or less hazardous than the
employee’s current position;
(2) Transfer is recommended by a licensed health care provider;
(3) The employee is qualified and immediately able to perform the duties of the
position; and
(4) The transfer will not subject the City to legal liability under an employment contract.
(b) An employer shall compensate an employee who receives a transfer under this section
at a rate, as adjusted by changes to compensation that apply generally to the work force, at
which the position into which the employee transfers is compensated.
[23.40.150 DEFINITIONS.
IN KMC 23.40.130 THROUGH 23.40.140:
(A) “CHILD” MEANS AN INDIVIDUAL WHO IS:
(1) UNDER EIGHTEEN (18) YEARS OF AGE; OR
(2) EIGHTEEN (18) YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE
BECAUSE OF MENTAL OR PHYSICAL DISABILITY.
(B) “HEALTH CARE PROVIDER” MEANS: (1) A PHYSICIAN LICENSED UNDER AS
08.64, OR A DENTIST LICENSED UNDER AS 08.36, OR A PSYCHOLOGIST LICENSED
UNDER AS 08.86; OR (2) ANY OTHER PERSON DETERMINED BY THE SECRETARY OF
LABOR TO BE CAPABLE OF PROVIDING HEALTH CARE SERVICES.
(C) “LICENSED HEALTH CARE PROVIDER” MEANS A PHYSICIAN LICENSED UNDER
AS 08.64 OR A PSYCHOLOGIST LICENSED UNDER AS 08.86.
(D) “PARENT” MEANS A BIOLOGICAL OR ADOPTIVE PARENT, A PARENT-IN-LAW,
OR A STEP-PARENT.
(E) “SERIOUS HEALTH CONDITION” MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR
PHYSICAL OR MENTAL CONDITION THAT INVOLVES: (1) INPATIENT CARE IN A
HOSPITAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY; OR (2) CONTINUING
TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER.
(F) “SPOUSE” MEANS SOMEONE WITH WHOM THE EMPLOYEE HAS AN EXISTING
VALID MARRIAGE AS SET FORTH UNDER AS 25.05 AND SPECIFICALLY DOES NOT
INCLUDE AN UNMARRIED DOMESTIC PARTNER OF THE EMPLOYEE.
(G) “IMMEDIATE FAMILY” INCLUDES MOTHER, FATHER, SPOUSE, CHILDREN,
BROTHER, SISTER, MOTHER/FATHER-IN-LAW. THE CITY MANAGER MAY
DETERMINE “OTHER INDIVIDUALS” ARE IMMEDIATE FAMILY, PARENTS, CHILDREN,
SIBLINGS AND OTHERS INVOLVED IN THE SIGNIFICANT RAISING.]
Chapter 23.45 - PERFORMANCE EVALUATION
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 pay advancement, promotions, demotions, dismissals, order of layoff, order of re-
employment, placement, and training needs.
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23.45.020 Periods of Evaluation.
Each employee [IN THE CLASSIFIED SERVICE] shall have his or her performance
evaluated at the following periods:
(a) End of Probationary Period. Each employee in the classified service shall be evaluated
thirty [(30)] days prior to the completion of his or her probationary period. The employee must
have an overall evaluation of at least “Meets Expectations” in order to become permanent
or, in the case of seasonal employees, be eligible for the next season’s employment.
(b) Annual. Each employee shall receive an annual performance evaluation thirty [(30)]
days prior to his or her anniversary date[.] and thirty days prior to the end of each season for
seasonal employees.
(c) Time of Separation. Each employee shall be evaluated at the time of separation and
such record shall become part of his or her permanent personnel file.
23.45.030 Performance [E]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 or her 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 or her 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.
(c) Department Heads shall be evaluated by the City Manager.
23.45.040 Review of [P]Performance [R]Reports for Employees in the Classified Service.
The rating officer shall discuss the performance evaluation report with the employee in the
classified service 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 pay 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.
23.45.050 Unsatisfactory [E]Evaluation for Employees in the Classified Service.
Employees in the classified service who receive an overall rating of “Unsatisfactory” or
“Needs Improvement” on their annual evaluation shall not be eligible to be advanced a step
increment at appropriate annual, biennial or quadrennial anniversary dates. Employees in the
classified service who receive two [(2)] consecutive overall ratings of “unsatisfactory” shall be
subject to dismissal.
23.45.060 Performance [E]Evaluation [A]Appeal [P]Procedure for Employees in the
Classified Service.
[EMPLOYEES’ P]Performance evaluation reports for employees in the classified service
shall not be subject to the standard grievance procedure. Employees in the classified service shall
have the right to appeal their evaluation in accordance with the following procedure:
(a) Step 1. If, after a review of his or her performance evaluation report with the rating
officer, the employee feels that the report is unfair, he or she may request a meeting with the
reviewing officer by checking the appropriate section on the report. The rating officer will then
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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 or she may, within five (5) working days of receipt of the decision, appeal his or
her performance evaluation report, in writing, to the City Manager. The City Manager shall,
within five (5) working days, meet and 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.
Chapter 23.50 - CLASSIFICATION PLAN
23.50.010 Employee [C]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* 23
106 Police Chief* 23
107 Fire Chief* 22
112 Airport Manager* 20
117 City Planner 16
118 Information Technology (IT) Manager 18
119 Human Resource Specialist/Assistant to City
Manager
15
120 Library Director* 18
121 Senior Center Director* 18
122 Parks and Recreation Director* 17
123 Human Resources Officer 16
(b) ADMINISTRATIVE SUPPORT
203 Administrative Assistant I 8
204 Accounting Technician I 10
205 Accounting Technician II 11
206 Accountant 16
210 Administrative Assistant II 9
211 Administrative Assistant III 10
214 Library Assistant 6
218 Library Aide 2.5
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CLASS CODE CLASS TITLE RANGE
219 Data Entry Clerk 1.1
(c) PUBLIC SAFETY
302 Fire Fighter 13
303 Police Lieutenant 20
304 Police Sergeant 18
305 Police Officer 16
306 Public Safety Dispatcher 9
307 Fire Engineer 15
311 Fire Captain 16
312 Fire Marshal 17
313 Communications Supervisor 12
314 Police Trainee 16/21
315 Battalion Chief/Safety Officer 17
316 Chief Animal Control Officer 11
317 Animal Control Officer 9
(d) PUBLIC WORKS
401 Building Official 15
402 Shop Foreman 16
403 Street Foreman 16
404 Sewer Treatment Plant Operator 13
405 Water and Sewer Operator 13
407 Equipment Operator 11
408 Shop Mechanic 14
409 Equipment Lead Operator 14
410 Water and Sewer Foreman 16
412 Building Maintenance Technician 12
413 Sewer Treatment Plant Lead Operator 14
414 Sewer Treatment Plant Foreman 16
417 Airport Operations Specialist 11
418 Airport Operations Supervisor 15
419 Building Maintenance Lead Technician 13
420 Water and Sewer Lead Operator 14
(e) GENERAL SERVICES
504 Parks, Beautification and Recreation Operator 9
505 Parks, Beautification and Recreation Laborer 2.4
506 Cook 2.4
507 Activities/Volunteer Coordinator 2.4
508 Meals/Driver 2.4
509 Kitchen Assistant 2.2
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CLASS CODE CLASS TITLE RANGE
510 Outreach Worker 1.1
511 Janitor 2.4
512 Driver 1
* Department Head[S] Service
1 For work performed after February 21, 2009, while attending the Alaska Public Safety
Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating
and unpredictable training schedule, he or she shall be considered to work twelve (12) hours
per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number
of hours worked, whichever is greater. The normal work schedule at the academy shall be five
(5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated
in KMC 23.50.050(b)(l).
Chapter 23.55 - PAY PLAN
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.
23.55.015 – Department Head Service Salaries.
Salaries of employees in the Department Head Service shall be set by the City Manager
within the range approved by the City Council as approved through the budget process.
23.55.020 Compensation Structure by Grade for Employees in the Classified Service.
(a) Compensation structure by grade for employees in the classified service 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 permanent full-time employee in the
classified service, except seasonal employees, shall be advanced one [(1)] step. At
succeeding anniversary dates, subject to evaluation, employees in the classified service may
be advanced a step increment subject to City Manager approval. The time period normally
between steps B to C to D to E to F is one [(1)] year. The time normally between Steps F to
AA to BB to CC is two [(2)] years.
(c) On completion of the probationary period, each permanent part-time employee in the
classified service and seasonal employee shall be advanced one [(1)] step. At appropriate
biennial or quadrennial anniversary dates thereafter, subject to the employee’s most recent
annual evaluation being “Meets Expectations” or better, the employee, including seasonal
employees, may be advanced a step increment. The time period normally between steps B
to C to D to E to F is two [(2)] years. The time period normally between steps F to AA to BB
to CC is four [(4)] years.
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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 annual
leave or holiday pay.
(1) Police Department. Certification in accordance with State of Alaska Certification
Standards.
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
Police Chief
Advanced Certification $1,800/year
(2) Fire Department.
(i) Recognition entitlements for an associate degree in fire science is four hundred
eighty dollars ($480.00) per year. Eligible grades are fire fighter, engineer, and
captain.
(ii) Recognition entitlements for EMT certification for eligible grades of fire fighter,
engineer, and captain are as follows:
EMT I Instructor $ 250/year
EMT II $ 500/year
EMT III $1,000/year (includes EMT II pay)
EMT-Paramedic $1,500/year (includes EMT II & III pay)
(iii) Recognition entitlements for driver/operator qualified personnel for eligible
grades of fire fighter as follows:
Driver/Operator
Qualified
One (1) pay range increase (Pay range
13 to Pay range 14)
(3) Water and Sewer Utility. Certification in accordance with the State ofAlaska
Certification Standards:
W & S II $ 300/year
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W & S III $ 480/year
(4) City Clerk’s Office. Certification in accordance with International Institute of
Municipal Clerks.
Certified Municipal Clerk 2.5% of the employee’s base pay
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:
Police $800
Fire $500
Animal Control $500
Dispatch $300
Payment shall be made in advance in July and January installments.
(b) On hiring, the respective department head shall issue from stock or purchase from
appropriate funds a basic uniform and equipment issue.
(c) Public Works Departments, Water and Sewer, and Animal Control personnel shall be
authorized 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.
23.55.50 Hourly Rates.
(a) Hourly rates for employees in the classified service not exempted from minimum wage
and overtime provisions of the Fair Labor Standards Act (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.
23.55.060 Stand-by [P]Pay.
(a) Where employees in the classified service are placed on a stand-by status, they shall
be entitled to a 5% rate of pay computed against Step A of the pay range of the employee
for each hour in stand-by status.
(b) To be eligible for stand-by pay, an employee in the classified service 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, must be in a location whereby
the responsible City personnel can communicate with him or her, and comply with any other
requirements of the approved stand-by pay.
23.55.070 Call-out [P]Pay.
When employees in the classified service 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.”
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Ordinance No. 3018-2018
23.55.080 Longevity [P]Pay for Employees in the Classified Service.
All regular employees in the classified service who have received an overall rating of “Meets
Expectations” or better in their last performance evaluation and who have been at Step CC for a
period of at least two (2) years as of July 31st shall be paid a longevity bonus of two percent (2%)
of his or her annual pay rate (i.e., excluding overtime). The longevity pay shall be paid just once
a year on the August payroll, except that the longevity bonus in 2008 shall be paid after the
effective date of the ordinance codified in this section but prior to the end of the calendar year
2008. Notwithstanding the above, any employee in the classified service who has received a
range increase or a non cost of living pay increase within their current pay range within the twelve
(12) months prior to July 31st is not eligible for a longevity pay bonus.
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR ALL CLASSIFIED AND
DEPARTMENT HEAD SERVICE EMPLOYEES EXCLUDING THOSE ENGAGED IN FIRE
PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
1 10.27 10.53 10.78 11.04 11.30 11.55 11.81 12.07 12.32
1.1 10.78 11.05 11.32 11.59 11.86 12.13 12.40 12.67 12.94
2 11.47 11.76 12.04 12.33 12.62 12.90 13.19 13.48 13.76
2.1 12.08 12.38 12.68 12.99 13.29 13.59 13.89 14.19 14.50
2.2 12.76 13.08 13.40 13.72 14.04 14.36 14.67 14.99 15.31
2.3 13.41 13.75 14.08 14.42 14.75 15.09 15.42 15.76 16.09
2.4 15.66 16.05 16.44 16.83 17.23 17.62 18.01 18.40 18.79
2.5 17.74 18.18 18.63 19.07 19.51 19.96 20.40 20.84 21.29
3 17.85 18.30 18.74 19.19 19.64 20.08 20.53 20.97 21.42
4 18.75 19.22 19.69 20.16 20.63 21.09 21.56 22.03 22.50
5 19.69 20.18 20.67 21.17 21.66 22.15 22.64 23.14 23.63
6 20.66 21.18 21.69 22.21 22.73 23.24 23.76 24.28 24.79
7 21.71 22.25 22.80 23.34 23.88 24.42 24.97 25.51 26.05
8 22.80 23.37 23.94 24.51 25.08 25.65 26.22 26.79 27.36
9 23.94 24.54 25.14 25.74 26.33 26.93 27.53 28.13 28.73
10 25.12 25.75 26.38 27.00 27.63 28.26 28.89 29.52 30.14
11 26.38 27.04 27.70 28.36 29.02 29.68 30.34 31.00 31.66
12 27.72 28.41 29.11 29.80 30.49 31.19 31.88 32.57 33.26
13 29.08 29.81 30.53 31.26 31.99 32.72 33.44 34.17 34.90
14 30.55 31.31 32.08 32.84 33.61 34.37 35.13 35.90 36.66
15 32.07 32.87 33.67 34.48 35.28 36.08 36.88 37.68 38.48
16 33.67 34.51 35.35 36.20 37.04 37.88 38.72 39.56 40.40
17 35.35 36.23 37.12 38.00+ 38.89 39.77 40.65 41.54 42.42
18 37.12 38.05 38.98 39.90 40.83 41.76 42.69 43.62 44.54
19 38.97 39.94 40.92 41.89 42.87 43.84 44.82 45.79 46.76
20 40.93 41.95 42.98 44.00 45.02 46.05 47.07 48.09 49.12
21 42.99 44.06 45.14 46.21 47.29 48.36 49.44 50.51 51.59
22 45.11 46.24 47.37 48.49 49.62 50.75 51.88 53.00 54.13
23 47.38 48.56 49.75 50.93 52.12 53.30 54.49 55.67 56.86
24 49.81 51.06 52.30 53.55 54.79 56.04 57.28 58.53 59.77
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Ordinance No. 3018-2018
FISCAL YEAR 2018 OPERATING BUDGET PAY SCHEDULE FOR CLASSIFIED EMPLOYEES
ENGAGED IN FIRE PROTECTION ACTIVITIES
Range A B C D E F AA BB CC
Step
13 20.77 21.29 21.81 22.33 22.85 23.37 23.89 24.40 24.92
14 21.82 22.37 22.91 23.46 24.00 24.55 25.09 25.64 26.18
15 22.91 23.48 24.06 24.63 25.20 25.77 26.35 26.92 27.49
16 24.06 24.66 25.26 25.86 26.47 27.07 27.67 28.27 28.87
17 25.26 25.89 26.52 27.15 27.79 28.42 29.05 29.68 30.31
FISCAL YEAR 2018 OPERATING BUDGET SALARY SCHEDULE FOR ALL DEPARTMENT
HEAD SERVICE EMPLOYEES
18 $77,209 – 101,907
19 $79,185 – 106,987
20 $85,134 – 112,387
21 $89,419 – 118,037
22 $93,829 – 123,849
23 $98,550 – 130,096
24 $103,604 – 136 754
146
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3019-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATION IN THE GENERAL AND MUNICIPAL
ROADWAY IMPROVEMENTS CAPITAL PROJECT FUNDS AND AWARDING A CONTRACT
TO COMPLETE THE RYAN’S CREEK OUTFALL REPAIR PROJECT TO FOSTER
CONSTRUCTION, INC.
WHEREAS, Ryan’s Creek Outfall Repair Project will repair two culverts and stabilize erosion that
is threatening to undermine Frontage Road; and,
WHEREAS, $86,024 was previously appropriated for the project with current available funds of
$73,244 after completion of the design; and,
WHEREAS, on April 10, 2018 the following bids were received:
BIDDERS BASE BID TOTAL
Foster Construction, LLC 99,542.00
BMGC 128,518.20
Chumley's, Inc. 156,410.00
Steppers Construction 171,990.00
Engineers Estimate 76,270.00
and,
WHEREAS, The bids for this project came in higher than the estimate provided by the engineer
for the project. The engineers estimate was $72,370 and the lowest bid was $99,542 which is a
difference of $27,172; and,
WHEREAS, Foster Construction, LLC, submitted the lowest responsive bid; and,
WHEREAS, award of the bid to Foster Construction, LLC, would be in the best interest of the City;
and,
WHEREAS, the recommendation from City Administration is to appropriate an additional $27,172
for the project and award the agreement to Foster Construction, LLC, for the bid amount of
$99,542.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
147
Ordinance No. 3019-2018
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 1. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $27,172
Increase Appropriations –
Non-Departmental Transfer to Other Funds $27,172
Municipal Roadway Capital Projects Fund –
Increase Estimate Revenues –
Transfer from General Fund $27,172
Increase Appropriations -
Construction $27,172
Section 2. That the City Manager is authorized to execute a contract for the project entitled
“Ryan’s Creek Outfall Repair” to the successful low bidder, Foster Construction, Inc. for the cost
proposal amount of $99,542.
Section 3. That the City Manager is authorized to issue a purchase order to complete the
project in that amount of $99,542 which includes contingency funds of $5,000 in excess of the
contract amount for completion of the project should the funds become necessary as a result of
change orders during construction.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18, 2018
Enacted: May 2, 2018
Effective: May 2, 2018
148
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Michael Wesson – Acting Public Works Director
DATE: April 12, 2018
SUBJECT: Ordinance 3019-2018 – Ryan’s Creek Outfall Repair Project
The purpose of this memo is to recommend adoption of an ordinance 3019-2018 appropriating
additional funds for this project and to enter into a contact with Foster Construction to perform the
work.
The bids for this project were recently received and came in higher than the estimate provided by
the Engineer for the project. The initial estimate was $72,370 and the lowest bid was $99,542
which is a difference of $27,172. I talked to the engineer at length about the bids and estimate
and why the unit prices came in higher than the estimate. After these discussions and
discussions with the contractors, it was determined the higher bids were due to the steep grades
and restricted site for access that were not considered in the engineer’s estimate.
This project is nessessary because the current erosion is threatening to undermine Frontage
Road and I highly recommend adopting this ordinance. After several discussions with the project
engineer, I think the bid from Foster Construction is a fair bid.
Thank you for your consideration
149
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3020-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER & SEWER SPECIAL
REVENUE AND WATER & SEWER IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH THE STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION FOR THE PROJECT ENTITLED “SPUR HIGHWAY
WATER MAIN REPLACEMENT – SPUR HIGHWAY AND SHOTGUN DRIVE”.
WHEREAS, the City of Kenai entered an agreement with the State of Alaska Department of
Transportation to allow them to bid and construct the upsizing and replacement of the water main
under the Kenai Spur Highway at Shotgun Drive during Phase 1 of Kenai Spur Highway
Rehabilitation Project; and,
WHEREAS, $92,225 was previously appropriated for this project of which $84,174 remains and
is available for construction; and,
WHEREAS, the bids for this project were recently received by the State of Alaska Department of
Transportation and came in higher than the previously agreed upon price for the project. The
initial agreement was $75,116 and based on the bids, the revised amount will be $113,794, which
is a difference of $38,678; and,
WHEREAS, upsizing the water main from the existing 12” to a 16” line in this location is needed
to accommodate the future growth of the City’s water system; and,
WHEREAS, conducting this work after completion of the Spur Highway Rehabilitation Project
would require extraordinary methods including boring under the Highway for placement of the
line, resulting in significantly higher costs to the City; and,
WHEREAS, approving the Change Order with the State of Alaska Department of Transportation
would be in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to appropriate an additional $38,678
for the project and sign a Change Order with the State of Alaska Department of Transportation
for the sum of $38,678: and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
150
Ordinance No. 3020-2018
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 1. That the estimated revenues and appropriations be increased as follows:
Water & Sewer Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $38,678.00
Increase Appropriations –
Water Department - Transfer to Other Funds $38,678.00
Water & Sewer Improvements Capital Projects Fund –
Increase Estimate Revenues –
Transfer from Water & Sewer Special Revenue Fund $38,678.00
Increase Appropriations -
Construction $38,678.00
Section 2. That the City Manager is authorized to execute a change order to the contract for
the project entitled “Spur Highway Water Main Replacement – Spur Highway and Shotgun Drive”
with the State of Alaska, Department of Transportation in the amount of $38,678.
Section 3. That the City Manager is authorized to issue a purchase order to complete the
project in that amount of $124,347.00 which includes contingency funds of $10,553.00 in excess
of the contract amount for completion of the project should the funds become necessary as a
result of change orders during construction.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of May, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: April 18, 2018
Enacted: May 2, 2018
Effective: May 2, 2018
151
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Michael Wesson – Acting Public Works Director
DATE: April 12, 2018
SUBJECT: Ordinance 3020-2018 – Spur Highway Water Main Replacement
The purpose of this memo is to recommend adoption of Ordinance 3020-2018 appropriating
additional funds for the water main replacement project and to authorize a change order to the
contract with the State of Alaska Department of Transportation (DOT).
The Spur Highway Rehabilitation project was recently bid by DOT and the water main
replacement was included as part of the bid. By doing this, the asphalt and subgrade within the
roadway structural section will be removed and replaced at DOT’s expense as opposed to the
City’s. The actual bid came in $38,678.00 higher than our previously estimated cost for the
project.
After further review of the project, it would be financially prudent to approve a change order for
the above referenced amount and continue with the project as part of the DOT’s Spur Highway
project. If the city were to undertake this project at a later date, the costs would be substantially
more.
Thank you for your consideration
152
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant
DATE: March 13, 2018
SUBJECT: Action/Approval – Special Use Permit State of Alaska DNR/Forestry
The State of Alaska, Department of Natural Resources/Division of Forestry is requesting
renewal of a Special Use Permit for a five month term from May 1, 2018 through September 30,
2018.
The Permit is for aircraft loading and parking on approximately 30,000 square of the apron
adjacent to their lease lot.
The rate is based on the table below passed by City Council at the May 18, 2016 Council
meeting.
Apron Rate Increases to Arrive at Market in 6 years
Apron Lease Rate FY15 $1.80s.f. x .08 $ 0.144
FY2016 $ 0.357
FY2017 $ 0.528
FY2018 $ 0.699
FY2019 $ 0.870
FY2020 $ 1.041
FY2021 $ 1.210
The State of Alaska is current on all fees owed and we have a current Certificate of Insurance.
Airport Commission reviewed the request at the April 12, 2018 Commission meeting and
recommends Council approval.
Does Council recommend the City Manager enter into a Special Use Permit with the
State of Alaska Division of Forestry?
attachments
153
SPECIAL USE PERMIT 2018
The CITY OF KENAI (C ity) grants to STATE OF ALASKA DEPARTMENT OF
NATURAL RESOURCES /DIVISION OF FORESTRY (Pem1ittee), whose address is 550
W . Seventh Avenue, Suite 1450 , Anchorage, AK 99501-3566, a Special Use Permit to
conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport
subject to the requirements and the conditions set forth below.
1. Premises. Permittee shall have the non-exclusive right to use 30 ,000 square feet as
described in the attached diagram shown in the attached Exhibit A for the uses identified in
this Permit.
2. Term. The term of this Permit shall be for five months commencing on May 1, 2018 ,
and ending on September 30, 2018 . Regardless of the date of signature, this Permit shall be
effective as of May 1, 2018 .
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit:
A. Permit: Pennittee shall pay a monthly fee plus applicable sales tax as follows :
May $ 1747 .50
June $ 1747 .50
July $ 2175.00
August $2175.00
September $ 217 5 . 00
B. Proximity Card for Gate Access: In addition to the general permit fee ,
Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each
proximity card issued to Pem1ittee by City to allow for gate access to the Airport to
conduct the uses permitted hereunder. City shall refund this deposit to Permittee
when the card is returned to City. City may exercise a r ight of offset to apply the
deposit to any outstanding balance due to City from Permittee at the tennination of
this Pem1it.
C. Other Fees: City may assess additional fees for aviation or aviation support
activities and uses not defined in this Permit. If a fee has not been established for
those activities or services, a fee will be established by the Airport Manager.
Payment shall be directed to City of Kenai, ATTN : Finance Department, 210 Fidalgo
A venue , Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200 , Kenai , AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
Special Use Permit-DNR/F orestry (Parking) Page 1 of9 154
delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due
(KMC 1. 75.010). Interest shall accrue from the date due until the date paid in full. Failure
to timely make payments is grounds for tennination of this Permit. (See~ 22, Termination).
4. Use. City authorizes Permittee's non-exclusive use of the Premises for the
following purpose(s):
Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use o(
the area identified in Exhibit A . City reserves the right to re-assign Permittee. upon
reasonable notice, to other areas as airport needs may require.
Permittee shall have the right of ingress and egress to the Airport using only designated
gate access locations (which may require a proximity card) for the use of the Premises .
This Permit, and any access rights allowed hereunder, are for Permittee's use only and may
not be transferred or assigned.
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the
Airport other than that specifically designated for that purpose by the Airport Manager or
designated representative. The Airport Manager or designated representative reserves the
right to designate reasonable areas where aircraft owners may perform services on their
own aircraft.
5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and
guests , and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the protection of public health and the
environn1ent, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Pennittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
Special Use Permit-DNR/Forestry (Parking) Page 2 of9 155
of persons using the Airport, the public health or the environment, or the safety or integrity
of any premises on the Airport.
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
7. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee.
8. Radio Transmitting Equipment. Permittee shall discontinue the use of any
machine or device which interferes with any government-operated transmitter, receiver , or
navigation aid until the cause of the interference is eliminated.
9. Insurance. Permittee shall secure and keep in force adequate insurance, as stated
below , to protect City and Permittee. Where specific limits are stated , the limits are the
minimum acceptable limits. If Permittee 's insurance policy contains higher limits , City is
entitled to coverage to the extent of the higher limits .
A. Commercial General Liability insurance, including premises, all operations ,
property damage , personal injury and death, broad-form contractual, with a per-
occurrence limit of not less than $1 ,000,000 combined single limit. The policy must
include an endorsement under which the insurer extends coverage to Permittee's
fuel handling activities . The policy must name the City as an additional insured.
B. Worker's compensation insurance with coverage for all employees engaged
in work under this Permit or at the Premises as required by AS 23.30.045 . Permittee
is further responsible to provide worker 's compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1 ,000 ,000 combined
single limit per occurrence. This insurance must cover all owned, hired , and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured .
D. All insurance required must meet the following additional requirements:
I. All policies will be by a company/corporation currently rated "A-"or
better by A .M. Best.
Special Use Permit-DNR/Forestry (Parking) Page 3of9 156
11. Permittee shall submit to the City proof of continuous insurance
coverage in the form of insurance policies, certificates, endorsements,
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
m. Permittee shall request a waiver of subrogation against City from
Permittee's insurer and the waiver of subrogation, where possible,
shall be provided at no cost to City.
iv. Provide the City with notification at least 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
v. Evidence of insurance coverage must be submitted to City by May 1,
2018. The effective date of the insurance shall be no later than May
1, 2018.
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee
shall submit to City evidence of insurance coverage that meets the requirements of the City.
10. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees , and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and its exercise of the privileges
granted in this Permit.
11. Indemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend, and hold harmless, the City of Kenai, its officers, agents, employees,
and volunteers from and against all actions, damages , costs, liability, clai ms, losses,
judgments, penalties, and expenses of every type and description, including any fees and/or
costs reasonably incurred by the City's staff attorneys and outside attorneys and any fees
and expenses incurred in enforcing this provision (hereafter collectively referred to as
"Liabilities"), to which any or all of them may be subjected, to the extent such Liabilities
are caused by or result from any negligent act or omission or willful misconduct of the
Permittee in connection with or arising from or out of Permittee's activities on or use of
the Premises, Permittee's access to the Kenai Municipal Airport, and/or Permittee's
exercise of the privileges granted in this Permit. This shall be a continuing obligation and
shall remain in effect after termination of this Pe1mit.
Special Use Permit-DNR/Forestry (Parking) Page 4 of9 157
12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated
to protect asphalt from adverse effects of petroleum product spills . The City requires that
Pennittee provide adequate absorbent materials and tools available on the Premises and at the
airport in order to maintain a fuel spill and response capability. Pennittee shall be liable for
any damage caused by and costs associated with any spill, the cleanup of any spill, or the
discharge of petroleum products or hazardous materials due to Pennittee's use of the apron
and/ or use of the Airport.
Permittee shall provide to City an acceptable fuel spill prevention and response plan and
will maintain fuel spill and response capability. Permittee further agrees to have a copy of
the fuel spill prevention and response plan located in the Permittee's fuel dispensing
equipment at all times . Permittee must comply with the Airport's Storm Water Pollution
Prevention Plan as appropriate to Permittee's activities.
Permittee shall not store any personal property, solid waste, petroleum products, Hazardous
Material as defined by 14 CFR § 171.8, hazardous waste (ignitable, corrosive, reactive, or
toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that
there are significant penalties for improperly disposing of the Hazardous Materials and
other waste and for submitting false information regarding Hazardous Materials, including
the possibility of fine and imprisonment for knowing violations.
Permittee shall immediately remove the material in the event of spillage or dripping of
gasoline, oil, grease, or any other material which may be unsightly or detrimental to the
pavement or smface in or on any area of the Airport.
Permittee may not construct or install any above-ground or underground fuel storage tanks
or dispensing systems at the Airport.
No person shall smoke on an aircraft-parking ramp, inside an aircraft hangar, or within 50'
of any aircraft fuel facility or fuel truck.
Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage,
Handling, and Dispensing on Airports, the National Fire Protection Associations'
"Standard for Aircraft Fueling Servicing" in NFP A 407 (1996 version), and the current
version of the International Fire Codes. All inspections of fuel facilities , by City or other
regulating entities to which Permittee is subject, shall be conducted to assure compliance
with the fire safety practices listed in these r eferenced documents.
13 . Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous
substances and materials.
Special Use Permit-DNR/Forestry (Parking) Page 5of9 158
14. No Discrimination. Permittee shall not discriminate against any person because of
the person's race , creed, color national origin, sex, age, or handicap. Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
15. Licenses and Pe rmits . Permittee shall obtain and maintain all required federal ,
state , and local licenses, certificates , and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
16. Compliance with Law/Grant Assurances. This Permit, and Permittee 's activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal , state, and City statutes , ordinances,
and regulations in effect during the term of thi s Permit. Further, Pennittee shall comply
with all applicable requirements imposed on the Airp01i by federal law to ensure that the
Airport's eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Pe1mit is subordinate to the City's grant assurances and federal
obligations .
17. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee . City has the right to grant to others any right or privilege on the Airport.
18. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee.
19. No Joint Venture. City shall not be construed or held to be a partner or joint
venturer of Pennittee in the conduct of its business or activities on the Premises or
elsewhere at the Kenai Municipal Airport.
20. No Waiver. Failure to insist upon a str ict compliance with the terms , conditions ,
and requirements her ein contained, or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms , conditions , or requirements.
21. Personalty. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property p laced or used upon the Premises will be removed and/or impounded by
the City, if not removed upon te1mination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25.00 per day. The City of
Special Use Pe1mit-DNR/Forestry (Parking) Page 6of9 159
Kenai is not responsible for any damage to or theft of any personalty of Pennittee or of its
customers.
22. Termination; Default. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety or due
to a failure of Permittee to comply with conditi on or term of this Permit which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required
Airport fees is a condition of this Permit and , as such, failure to timely pay landing and
other airport fees is grounds for termination. Without limiting the foregoing , Permittee
shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule
of rates , charges and fees . Permittee shall make payment within 30 days following the end
of each month and without demand or invoicing from City. Permittee shall also provide
Airport Administration with monthly certified gross take-off weight reports within ten days
following the end of each month for landings for the preceding month . Airport landing
fees shall be paid at the Airport Administration Building, 305 North Willow Street, Suite
200 , Kenai, AK 99611.
24. Impoundment. At the discretion of the Airport Manager, City may impound any
aircraft parked on the Premises after termination of this Permit. Impoundment may be
accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for
impoundment purposes . Inconvenience or damage that may result from such movement
will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged
on each aircraft impounded . In addition, a daily storage fee shall be charged for each day
the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90
days after impoundment shall be considered abandoned and shall be subject to sale at
public auction. Notice of any auction shall be published. Publication shall be in a
newspaper of general circulation in that area for at least once during each of tlu·ee
consecutive weeks not more than 30 days nor less than seven days before the time of the
auction.
25. Definitions. As used in th is Permit, "Permittee" means State, Department of
Natural Resources, Division of Forestry , and where the context reasonably indicates , its
officers , agents , and employees. "Airport" means the Kenai Municipal Airport.
Special Us e Permit-DNR/Forestry (Parking) Page 7 of9 160
CITY OF KENAI
Paul Ostrander
City Manager
Date
STATE OF ALASKA
DEPARTMENT OF NATURAL
RESOURCES, DIVI SION
OF FORESTRY
Timothy Dabney
Deputy Director,
Division of Forestry
Date
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS.
THIRD nJDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of 2018, the foregoing
instrument was acknowledged before me by Paul Ostrander, City Manager, of the City of
Kenai, an Alaska municipal corporation, on behalf of the City.
Notaiy Public for Alaska
My Commission Expires : ____ _
STATE OF ALASKA )
) SS .
THIRD nJDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 2018 , the foregoing
instrument was acknowledged before me by Timothy Dabney, Deputy Director,
DNR/Division of F orestry, on behalf of the State of Alaska.
Notary Public for Alaska
My Commission Expires: ____ _
Special Use Permit-DNR/Forestry (Parking) Page 8 of9 161
ATTEST:
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM:
~
~=-
Scott M. Bloom, City Attorney
Special Use Permit-DNR/Forestry (Parking) Page 9 of9 162
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Exhibit A 163
'V/ff ~ «1/tli a Pa.f~ Ot~ «1/t/i a Fu.tan "
210 FidalgoAve, Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, C ity Manager
Mary L. Bondurant -A irport Manager
March 13, 2018
Consent to Assignment -Alaska Realty Group, LLC
Alaska Realty Group, LLC. is requesting to assign the lease for Area Space No. 21 in the
airport terminal building to Mossy Oak Properties.
Alaska Realty Group, Inc., and Mossy Oak Properties are current in all fees owed to the
Airport.
Airport Commission reviewed the request at the April 12, 2018 meeting and recommends
Council approve the Consent to Assignment.
Please contact me if you have any questions.
164
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of Kenai Municipal Airport Lease (originally effective December
1, 2009) from Alaska Realty Group Inc., (Assignor) whose add ress is 305 N . Willow No.
106, Kenai, Alaska 99611 to Mossy Oak Properties (Assignee) whose address is PO Box
852, Kasilof, Alaska 99610, covering the following described property:
KENAI MUNICIPAL AIRPORT TERMINAL BUILDING, Lease Area Space No. 21,
First Floor
is hereby ACKNOWLEDGED and CONSENTED to, subject to the same terms and
conditions as contained in the original Lease above-described.
This CONSENT is given by the City of Kenai without waiving any right or action,
or releasing Assignor from any liability or responsibility under the aforementioned Lease,
and does not relieve the Assignee from the condition requiring the City's approval for any
subsequent sublease or assignment.
Consent to Assignment
THE CITY OF KENAI
Administration
Paul Ostrander, Its: City Manager
Date
Page I of2
165
ACKNOWLEDGEMENT
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _day of , 2018, Paul
Ostrander, City Manager of the City of Kenai, Alaska, being personally known to me or
having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on
behalf of said City.
Notary Public for Alaska
My Commission Expires: _____ _
ATTEST:
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM: / ...-# .. --.. ~ ... ___ --
/
l... ___ ...... -
Scott Bloom, City Attorney
Consent to Assignment Page 2 of2 166
ASSIGNMENT OF LEASE
This assignment is entered into between Alaska Realty Group Inc. President Kathy
Chircop whose address is 305 N. Willow #106 Kenai, AK 9961l(Assignor) and Mossy Oak
Properties whose address is 849 Kttlifefftsley Bettelt Rei. 8el6em.a, AK 99999 (Assignee).
\'o ao~ ~'51-, \~~II-of-\ ~~~1 o
Assignor does hereby assign and transfer all of Assignor's interest in the Lease as
provided by that Agreement entered into on 12/112009, for the following-describ ed property:
KENAI MUNICIPAL AIRPORT IBRMINAL BUILDING, Lease Area Spaces #2 I, first
floor.
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder of the term of said Lease Agreement.
Assignee agrees to comply fully with all the terms and provisions of the Lease.
This Assignment of Lease is effective beginning on, the 1" day of January 2018 .
ASSIGNOR:
ASSIGNEE:
By: --,-------==---A--
QVJNY
) SS
Third Judicial District )
The foregoing instrument was acknowledged before me this 13 day ord._.,d , 2018,
167
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by
company. ~ (j /~OTA.Jyj,.··.1' ~ ~'l \-P ~ : ~ f My Comm . Expires\~:
-: August 16, 2020 ! = ~ (f> ~ No. GG 21961 : ~
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''''"" H''' State of Alaska J
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Notary Public of Alaska . /
My Commission Expires: 'i~C/ ju;
The foregoing instrument was acknowledged before me this ob day of {'(\~, 20
by ~~{\ ,~\ ~ \.]\ ,l\--Uvx , an Alaska Corporation, on behalf of the limited ~ii
company. 0 :-,.,.
Notary Public of Alaska
Assignment of Lease -Mossy Oak Page 1 of2
168
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MARCH 28, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair R. Springer, J. Halstead, K.
Peterson, V. Askin, D. Fikes, G. Greenberg
Commissioners absent: None.
Staff/Council Liaison present: City Manager P. Ostrander, City Attorney S. Bloom, Deputy
Clerk J. Kennedy, Planning Assistant W. Anderson, Council
Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
e. *Excused absences – None. 169
____________________________________________________________________________________
Planning and Zoning Commission Meeting
March 28, 2018
Page 2 of 4
2. *APPROVAL OF MINUTES: March 14, 2018
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. Resolution PZ2018-06 - Application for a Conditional Use Permit for an Overflow
Parking Lot located on property known as 260 S. Willow St., and further described as
Lot 4A, Aleyeska Subdivision Merit Addition; for the benefit of properties located at 255
S. Willow St., 215 S. Willow St., and 220 Caviar Street Kenai, Alaska 99611, and further
described as Lots 8, 9, and 12, Aleyeska Subdivision, Part 2. The application was
submitted by Stephen M. and Roberta J. England, 140 Bidarka St., Unit 1466, Kenai,
AK 99611.
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting that
during the review of the site plan submitted to the City of Kenai, it was determined that the parking
requirements as set forth in Kenai Municipal Code could not be met. He further noted that, based
on the application and a review of the criteria required to approve the permit, it is the
recommendation of staff that the proposed Conditional Use Permit for an overflow parking lot be
approved, subject to the following conditions:
• Further development of the property shall conform to all State and local regulations.
• Pursuant to Kenai Municipal Code Section 14.20.150(f), the applicant shall submit an
Annual Report to the City of Kenai.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ2018-06 with staff
recommendations and Commissioner Askin SECONDED the motion.
Chairman Twait opened the floor for public testimony.
Marty Mativa, with Coming Attraction Kenai Theater and the Extreme Fun Center of Wasilla,
spoke in support and expressed enthusiasm about the expansion of the theater and development
of the Fun Center in Kenai.
There being no one else wishing to be heard, public comment was closed.
Commission members expressed concern about the increased amount of public crossing Willow
Street after a movie. Mr. Mativa clarified theater operations to prevent the parking lot from
becoming full. He added that the lot between the movie theater and Fun Center would be leveled,
repaved and fully striped for better use of parking space than the current lot.
Mr. Mativa clarified the timeframe in completing the expansion of the movie theater and opening
170
____________________________________________________________________________________
Planning and Zoning Commission Meeting
March 28, 2018
Page 3 of 4
the Fun Center was Fall 2018.
City Manager Ostrander clarified that traffic control options could be a condition added to the
conditions required; however, in looking at other similar areas and talking to the owner of the
Theater and Fun Center about operations, they were hopeful those additional parking spots would
not be needed. It was noted the re-paving and striping of the current lot should alleviate that
concern and he recommended holding off.
City Manager Ostrander also clarified the current utilization of the Kenai Catering parking lot was
minimal and added that the agreement would be between Bobbi England and the Coming
Attractions Theater. Further noting, if the England’s need for parking space grew, the owner of
the theater would be required to re-address in how to meet the requirements for the Conditional
Use Permit.
VOTE:
YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes, Greenberg
NAY:
MOTION PASSED.
Chairman Twait noted there was a 15-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reviewed the action agenda from the March
21 City Council meeting.
b. Borough Planning – Commissioner Fikes noted that on March 26 the Commission met
and approved 6 Plats while the Ordinance regarding a Borough land sale of 11 parcels
failed on the basis of the lack of information in the packet to make a solid decision on what
the classification may be.
c. Administration – City Manager Ostrander reported on the following:
• Met with Alaska Department of Transportation (DOT) and learned that DOT likely had
federal funding that could be directed to the City of Kenai for improvement of the
roads, will continue to follow this;
• The Harbor Commission requested No Wake signs be posted at the mouth of the
Kenai River; the item is on the next City Council meeting agenda for discussion;
• Introduced Elizabeth Appleby as the new City Planner, to start on April 9;
• Interviews were held last week for a Public Works Director; hoping to make hiring
decision soon; and
• The Department of Corrections was continuing to revise their work release program
171
____________________________________________________________________________________
Planning and Zoning Commission Meeting
March 28, 2018
Page 4 of 4
for inmates but was not prepared to move forward just yet.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 11, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead expressed thanks for the discussion in the work session.
Commissioners welcomed the new planner and looked forward to working with her and thanked
Council and Administration for their input in the work session and participation in how to move
forward.
Commissioner Twait noted that the Home Show would be next weekend, April 7-8.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:39 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
172
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: April 2017
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• Recruitments – Recruitment for new WWTP operator underway.
• WWTP Improvements – An amendment was executed to prepare construction documents.
The improvements include installing dissolved oxygen probes, variable speed drive blowers,
fine bubble diffusers, and evaluation of other potential energy saving upgrades.
• Recoat Existing Reservoir – Close out in progress. Engineer requested a final approval to
operate and submitted asbuilt drawings to ADEC and the City.
• Fencing Rehab with Access Control –Design in progress. Scope includes bringing security
card access to nine gates and possibly gate upgrades.
• Small Taxiways and Aircraft Tiedown Rehabilitation – Closeout in progress. Scope included
rehabilitating pavements on Taxiways F, G and H and the long-term tie-down apron and
addressing FAA comments on taxiway and runway lighting as well as existing and new area
lighting.
• Terminal Building Rehab Conceptual Plan and Design – The Draft Design Study Report was
completed February 2, 2018 and is under review. Scope generally includes HVAC and
electrical upgrades, a new roof, better space utilization, and cosmetic improvements.
• 2016 Improved Airport Drainage – Closeout in process. Scope included replacing the
floatplane pond outfall gate and mitigating ponding areas that attracted wildlife.
• Kenai Airport Airfield Marking and Signage 2016 – Closeout in progress.
• Dock repair – Bidding Process. Scope includes repairs to damage caused by the earthquake
and cathodic protection to mitigate accelerated corrosion of the piling. Bids on April 10, 2018.
• Flight Service Station Phase 3 (Interior remodel) – Modification to design in progress. The
scope includes break-room upgrades, lockers, painting, carpet, duct and carpet cleaning.
This will complete the work required by the FAA lease agreement.
• Animal Control Kennel Painting – Closeout in progress.
173
Page 2 of 2
Mid-Month Report
• Senior Center Dining Room Atrium Replacement and Roof Repair – Closeout in progress.
• Purchase Sander Trucks – Purchase Orders have been provided to the vendors. Delivery
anticipated in mid-May 2018.
• Purchase Street Sweeper – Specifications in development.
• Recreation Center Improvements – Design in progress. Scope includes replacing ageing
water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top
Units and system upgrades, e.g. thermostat locations and flow balancing.
• Recreation Center Management Agreement – Request for Proposal (RFP) documents in
development. A meeting was held with the proposal review committee to discuss scoring
criteria. RFP Available April 11, Proposals due May 11.
• Ryan Creek Culvert Repair – Bidding process. This culvert crosses Frontage Road from Leif
Hansen Memorial Park to the drainage that runs next to the Senior Center. Bids on April 10,
2018.
• Kenai Cemetery Expansion 2018 – Design contract has been finalized. Scope includes
grading and seeding, aluminum and chain link fencing, gravel road and walkways, survey
monuments, and a well and related appurtenances. Notice to proceed has been issued.
• Peninsula Avenue Bluff Erosion 2018 – Resolution approved to enter into a contract for design
services.Design contract being finalized.
• USACE Bluff Erosion – See City Manager’s report.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. was bid
on March 30. City of Kenai water main replacement crossing KSH at Shotgun/Beaver Loop
designed, funded, and will be bid with DOT project. Construction to start mid-May.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake –
ADOT advises they plan to bid in November 2018, more likely 2019..
• DOT KSH Rehabilitation (Grind and pave) MP 12.25 to 18.52 - ADOT advises they plan to bid
and construct in 2018.
• DOT Beaver Loop Road and Pedestrian Pathway Project – ADOT advises construction may
be possible in 2018, more likely 2019.
• Dock Contract for use of Cranes, offices and Operating Area – Currently out for bid.
174
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Jo Joiner
DATE: April 9, 2018
SUBJECT: Library Mid-Month Report
______________________________________________________________________
March Circulation Figures
Adult Fiction 1,463 Internet Access 997
Adult Non-Fiction 1,019 iPad use 183
Young Adult Fiction 212 Video 0
Periodicals 74 Room Booking 189
Juvenile Fiction 575 Music 29
Juvenile Non-Fiction 344 DVDs 2,548
Easy Fiction 1,227 Audio books 65
Easy Non-Fiction 297 Miscellaneous 154
Interlibrary Loan 7 Computer Programs
Books – Consortium 308 Media – Consortium 118
Total Print 5,526 Total Non-Print 4,283
Total Circulation 3/18 9,809 Downloadable Audio 552
Total Circulation 3/17 10,258 Downloadable EBooks 475
% change -4% In-House circulation 326
175
Page 2 of 2
**Your Subject Here**
Library Door Count……. 7,340
Income
Fines $ 987.52
Xerox 10.00
Lost/Damaged 80.42
Test Proctoring Fee 100.00
Printing 347.75
Other 0.00
Total income $ 1,525.69
In March 3 volunteers worked about 24 hours. There were 17 children’s programs with 458 total in
attendance, and 13 adult and family programs with 146attendees. In March we ordered 3 interlibrary
loan items not available through the consortium and received 6 items, we returned 3 items and loaned
11 items to other libraries who are out of state or not in the consortium.
Library Cards Issued March
Clam Gulch 1
ILL 1
Kasilof 3
Kenai 46
Nikiski 12
Non-Resident 1
Other Peninsula 1
Soldotna 5
Sterling 1
Total 71
176
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant – Airport Manager
DATE: April 6, 2018
SUBJECT: April Mid-Month Report
2016 Fencing Rehabilitation – Wince-Corthell-Bryson submitted the plans and specs
along with the Construction Safety and Phasing Plan through the FAA OEAAA website
for final review and comment.
2017 Terminal Rehabilitation Project – Design Grant – City and Airport Administration
met with the FAA on March 29, 2018 to discuss the funding, bidding process and
timeline for this project.
2017 Snow Removal Equipment – The new multipurpose unit was received the week of
March 5th. Oshkosh training is complete. The closeout process with begin on this
grant.
In-house Activities –
Marketing of City Lands – The full-page color ad for the Petroleum News’ annual
Explorers magazine is complete. This magazine has a shelf life of 12 months. In addition
to a distribution list of 8,000 subscribers, the magazine will also be displayed at oil and
gas conferences in Alaska and the Lower 48. We will also have the ad in a PDF file for
our use.
April 2-3, 2018 – The Airport Manager attended the APEI Manager training at Soldotna
City Hall. The training included supervisor’s training on performance evaluations,
coaching and mentoring, employee discrimination and harassment awareness, along with
documentation guidelines.
177
Page 2 of 2
April Mid-month
April 13, 2018 - The Kenai Airport is excited to be the 8th airport to participate in the Read
on the Fly literacy program. Partnering with AKonthe GO and the Kenai Library, children
will be able to pick up a book and read while traveling within and through Alaska. Special
thank you to Mary Jo Joiner, Kenai City Librarian for providing the books, and Mr. Gordon
and the Soldotna High School Shop Classes for building the bookshelf to the
specifications.
April 18, 2018 - There will be a post-winter snow and ice control meeting at 9am in the
Kenai City Council Chambers. Airport staff, tenants and contractors will meet to discuss
how snow and ice control, sanding, and de-icing operations went this season.
April 23-25, 2018 – The annual FAA Certification Inspection will be conducted this week.
The Airport’s project engineer will also be in attendance. The inspector will be reviewing
ARFF training curriculum, inspection records of all fueling agent facilities, Airport
Emergency Plan, 49 CFR 139 Certification Manual, self-inspections, NOTAM log, runway
safety areas, ground vehicle driving records, airport master record, Wildlife Hazard
Management Plan, etc.
May 4-6, 2018 Great Alaska Gathering – The Airport Manager and Administrative
Assistant will be attending this trade show in Anchorage at the Fed Ex Hangar. This is a
great opportunity to network with aviation enthusiasts to promote the airport, its lands,
future developments, and the Kenai Peninsula Air Fair. Stop by and visit us at booth 191!
May 22, 2018 Runway Safety Action Team – This meeting will be held in Kenai City
Council Chambers at 2:30pm. Invitations will be mailed to Air Traffic Control Tower and
Flight Service Station personnel along with local pilots and other airport users. The team
consists of FAA officials who inspect the airfield and review operating procedures to
enhance safety at a towered airport.
June 6-7, 2018 - The bi-annual Alaskan Region Airports Division Workshop will be held
in Anchorage. Anticipated topics include the AIP program, guidance, compliance,
environmental, planning, lessons learned, regional and national perspectives, and more!
June 9, 2018 – it’s coming!! The 18th Annual Kenai Peninsula Air Fair! Airport staff is busy
working on the poster, activities, and vendors.
178
MEMORANDUM
TO: Paul Ostrander, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: 3/1/18
SUBJECT: February 2018 Animal Control Monthly Report
This month the Kenai Animal Shelter took in 47 animals. Animal intake and disposition:
DOGS:
INTAKE 15 DISPOSITION 20
Waiver 7 Adopted 13
Stray 5 Euthanized 0
Impound 2 Claimed 5
Protective Custody 1 Field Release 0
Quarantine 0 Transferred to Rescue 2
Other Intakes 0 Other Dispositions 0
CATS:
INTAKE 32 DISPOSITION 24
Waiver 21 Adopted 16
Stray 10 Euthanized 3
Impound 0 Claimed 1
Protective Custody 0 Field Release 0
Quarantine 0 Transferred to Rescue 4
Other Intakes 1 Other Dispositions 0
OTHER ANIMALS:
INTAKE DISPOSITION 1
Mouse 1
DOA: 4 OTHER STATISTICS:
Dog 1 Licenses (City of Kenai Dog Licenses) 6
Cat 2 Microchips (Dog and Cat) 0
Hamster 1 Rabies Clinic Sign ups (Cat) 21
Rabies Clinic Sign ups (Dogs) 66
179
Page 2 of 2
0 Citations
4 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
74.35 Volunteer Hours Logged
14 Animals are known borough animals
17 Field Investigations & patrols
Statistical Data:
143 2016 YTD Intakes
162 2017 YTD Intakes
159 2018 YTD Intakes
180
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: April 12, 2018
SUBJECT: Finance Department, April Mid-month Report
The past month has been a busy one with much of the department’s focus on the preparation of
the City’s FY2019 Budget. Budget Ordinance introduction is scheduled for the May 16th Council
meeting, the Budget worksession is schuduled for Saturday, May 19th and Budget adoption on
June 6th. City code requires adoption by June 10th. The Resolution establishing the 2018 mill
rate will be included in the packet for adoption June 6th to coincide with adoption of the FY2019
Budget.
The department is working on a renewal plan with PREMERA Blue Cross Blue Shield of Alaska
for employee health care insurance. A resolution authorizing renewal will be before Council for
passage at the June 6th Council meeting. The City is negotiating the FY2019 premium.
PREMERA’s initial renewal quote is a 19.5% permium increase caused by continued large claim
issues. Once negotiated, renewal will include representative from Wells Fargo Insurance, the
City’s health insurance broker, and provider meeting with employees in early June.
The department submitted its property, liability and workers’ compensaton insurance premium
credit application for the upcoming renewal year. This is a large document that takes cooperation
from all departments. Special thanks is owed to Ms. Feltman of Public Works for her assistance
in putting the document together. This document is a bit time consuming but has reduced the
City’s insurance costs by an average of $40,000 per year. The document shows the commitment
to safety, training and education by the City and its employees. A resolution authorizing renewal
of coverage for FY2019 will be before Council for passage at the June 6th Council meeting.
The department is actively developing improvements to the Personal Use Fishery App and other
tasks in prepartion for this year’s fishery.
181
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: 4/9/18
SUBJECT: Mid-month Report – March 2018
______________________________________________________________________
A total of 52.25 hours were rented at the Kenai Multi-Purpose Facility during the month of March.
Last year during this time was 54 hours. Total reserved hours for FY17 was 522.75 compared to
574 hours for FY18.
Staff accumulated 31 hours of snow removal for sidewalk areas and parking lots for the month of
March and 39 hours grooming ski trails. Grooming operations have recently seized due to
warming temperatures and lack of snow. Ice maintenance located at the Duabenspeck Pond
has also been suspended due to warm temperatures.
The Director met with a group of local bike advocates who are attempting to get the communities
of Kenai and Soldotna designated as Bike Friendly Communities. This group is completing an
application process through the League of American Bicyclists. The application process itself
helps create partnerships and builds momentum for future bicycle improvements (infrastructure,
education and safety).
The department is currently interviewing for its Laborer and Temporary positions. Operator
Dodge completed his annual Pesticide Certification CEU requirements and Operator Brusven is
working on completing some online groundskeeper training.
The department received 44 hours of volunteer service. During this time, volunteers assisted
Operator Dodge with greenhouse operations (cleaning pots and transplanting flowers).
182
MEMORANDUM
TO: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: 3/9/2018
SUBJECT: Police & Communications Department Activity – Month of March 2018
Police handled 668 calls for service. Dispatch received 221 9-1-1 calls, 173 of which came
from cell phones. Officers made 37 arrests. Traffic enforcement resulted in 284 warnings, 19
citations for speeding, 2 for seatbelt violations, 5 citations for equipment violations, and 69
citations for “other.”
There were 4 DUI arrests (0 felony). Officers investigated 12 motor vehicle crashes. There
were no collisions involving moose, and there was 1 involving alcohol or drugs.
March training included: The KPD officer on the SERT team attended two days of training. .
One officer attended a week long law enforcement training for police instructors in St. Louis.
Two officers attended a week long officer interview training course in Anchorage. All officers
attended a tactical shooting training in Kenai. One dispatcher completed field training.
Along with assisting school administrators and handling multiple calls in the Kenai schools, the
School Resource Officer made presentation in KCHS classes, hosted three kids for Job
Shadow, participated in an Alice drill, and assisted in the security planning for the Supreme
Court live at KCHS.
1941
738
1734
829
1672
8710
1000
2000
3000
Total Police Service Calls 911 Calls Received
2018(Jan 1 - Mar 31)2017(Jan1 - Mar 31)2016(Jan 1 - Mar 31)
183
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: April 9, 2018
SUBJECT: March Monthly Report
March 2018 Home Meals NTS Choice
Clients Meals Clients Meals
60+ Service Area 47 868 11 330
60+ Outside Service Area 1 28 1 28
Under 60 + Service Area 1 4 3 111
Under 60+ Outside Service Area 0 0 1 32
Subtotals 49 900 16 501
Total 1401
• During the month of March, 73 volunteers donated 1148 hours of their time; 32
individuals used the Social Security Video Service; and, 1,239 congregate meals were served in
the dining room. The Senior Center was rented one time for private use. • The Senior Center provided space as a workshop site sponsor in partnership with
the State of Alaska, DHSS/Health Promotion/Disease Promotion grant. Tai Chi, Train the Trainer
Workshop was held on March 24 – 25, training Peninsula wide instructors in the six forms of Tai
Chi that are evidence based to decrease falls and improve the condition of those who live with
arthritis. Two of our volunteer instructors became certified in Tai Chi for Arthritis and Tai Chi for
Falls Prevention.
• The monthly No-Host Dinner was at Roscoe’s in Ninilchik with 18 in attendance. • The Lead Cook and Assistant Cook received their five year certification in
ServeSafe Food Protection, accredited by the American National Standards Institute-Conference
for Food Protection. The Activity/Volunteer Coordinator also renewed her certification for the
National Association of Activity Professionals.
• The Director submitted the Kenai Peninsula Borough Grant Application for FY19
and the RFP for the NTS Title III Grant for the State of Alaska for FY19 - FY21.
• The Kenai Senior Connection, Inc. 9th Annual March for Meals was held on March
23 with over 150 in attendance. Pies, Balloons, a Country Store, Silent Auctions and Split the Pot
opportunities were everywhere and it was a very successful evening for the Center’s meals
programs.
184
PURCHASE ORDERS BETWEEN $2 ,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: APRIL 18, 2018
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
STATE OF AK-PUBLIC SAFETY
ACADEMY RECERTIFICATION COURSE POLICE TRANSPORTATION 2 ,863.56
CRAIG TAYLOR EQUIPMENT SWEEPER RENTAL STREETS RENTALS 3 ,240.00
B&H PHOT O-VIDEO CAMERAS/EQUIPMENT LIBRARY SMALL TOOLS 3,863 .50
BEEMUNS (2) BIKES AND ACCESSORIES POLICE SMALL TOOLS 3,054 .92
185
Officers:
President—June Harris
Vice President—Virginia Walters
Secretary—Sharon Fisher
Treasurer—Katherine Thompson
Board of Directors:
Joe Harris Betty Idleman
Bill Nelson Dave Thompson
Frosty Walters
KENAI HISTORICAL SOCIETY NEWSLETTER
Written by Sharon Fisher
If you would like to contribute ideas and information to the newsletter, please contact me at 776-8254. I welcome and would
entertain any ideas you may have for articles, and would appreciate being contacted if you see errors in the information con-
tained in the newsletter.
March 2018 Newsletter
Kenai Historical Society
P.O. Box 1348
Kenai, Alaska 99611
Preserving History
As this month’s featured newsletter article illustrates, we are
surrounded by place names of which we have little or no
knowledge. If you live on “Birch Street” or visit “Caribou
Hills”, the reference is obvious, though who chose it may be
less well known. I suspect that many communities are filled
with street or road names about which most of the residents
are unaware as to the history of the naming. I live on Foley
Drive, for example, and I know that this street is part of a
homestead belonging to people named Foley. These little
tidbits of local history are everywhere.
Some years ago, many Central Peninsula streets were re-
named in an effort to improve faster locating in an emergen-
cy situation. I’ve no objection to removing duplication of ge-
neric names in adjacent communities. There were after all
many variations of “Birch”, “Spruce”. But I noticed that some
streets were changed for no apparent reason. In Nikiski,
there was once a Masik Drive which eventually was given a
new name. Lou Masik was the person who homesteaded the
area. When the street was renamed, a tiny bit of local history
was lost.
INSIDE THIS ISSUE:
• PRESERVING HISTORY
• THE NAMING OF PRINCE
WILLIAM SOUND by Kitty
Thompson
• Featured Speaker for April
Meeting is photographer Greg
Daniels
ANNOUNCEMENTS
IF YOU HAVE NOT, PLEASE
RENEW YOUR $10 MEMBER-
SHIP TO CONTINUE RECEIV-
ING THE NEWSLETTER.
WE NEED COMMITMENTS
FROM MEMBERS TO PRO-
VIDE BAKED GOODS TO THE
MAY 5th EVENT— WE ARE
HOSTING THE KENAI PENIN-
SULA HISTORICAL ASSOCIA-
TION SEMI-ANNUAL MEET-
ING. CALL JUNE AT 283-1946.
186
2
Who in the World is Prince William
Well, actually, the question is “Where did Prince William Sound get it’s name?”
A geographical sound per Wikipedia is a large sea or ocean inlet larger than a bay, deeper than a bight,
and wider than a fjord; or a narrow sea or ocean channel between two bodies of land. A BIGHT is a
bend or curve in a coast line or river. A bight can be confused with a bay, but there is a slight differ-
ence and I will not attempt an explanation at this time. A sound is usually formed by seas flooding a
river valley or glaciers.
On May 12 1778, to be exact, Captain James Cook entered what is now “Prince William Sound”. He
named it “Sandwich Sound” in honor of The Earl of Sandwich, John Montague of the United Kingdom.
Montague was a supporter of and approved Cook’s funding for the three ships used in his second and
third expeditions to the Pacific.
At that time John Montague was the fourth Earl of Sandwich. He had succeeded his grandfather to the
title at the age of ten. Montague also claimed the honor as the inventor of the SANDWICH. Although
he held numerous other titles during his adult life (Post Master General, First Lord of Admiralty, and
Secretary of State), his most important contribution to present day society was the Sandwich, as we
know it.
Montague had a not too distinguished career as First Lord of Admiralty. He made numerous decisions
regarding Britain's involvement in the War with France (1778-1783), which Britain lost when Spain
joined forces with France. Montague was also blamed for losing the thirteen US colonies to their inde-
pendence. He believed the sugar cane trade in the West Indies was more important to Britain than the
new World colonies, since sugar cane trade was funding the Revolutionary War and the War with
France.
Many critics also accused him of giving favor for political or government jobs. Lord Sandwich’s person-
al life was not anymore successful than his public career. His marriage to Dorthy Fane produced one
son, John (who became the fifth Earl of Sandwich). Dorthy developed ill health and lost her mental
facilities. Montague had a long time affair with Martha Ray, an opera singer. He and Ray had five
(many references stated nine) children. However Ray was murdered by a jealous suitor, a young clergy-
man, in the Royal Opera House. There is a novel (Love and Madness by Herbert Croft) telling the sad
story.
As I stated previously, perhaps Montague’s most important contribution to society was the sandwich.
And yes, this came about because Montague was a gambler. He spent many hours, up to 24 hours is
referenced several times, at the gambling table not taking time to eat. He would order his servants to
toast two slices of bread and put salted beef between them to satisfy his hunger so he could continue
to gamble. Other gamblers saw this and ordered “the same thing as Sandwich is having”. Thus the
term caught on.
Captain Cook did manage to name several islands for John Montague which still bear the name. Mon-
tague Island in the Gulf of Alaska, and an island off the coast of Australia is still called Sandwich Island.
The uninhabitable South Sandwich Islands are in the South Atlantic Ocean off the southern coast of
Argentina near the Falkland Islands. The Hawaiian Islands were originally named The Sandwich Islands
by Captain James Cook, but the name gradually changed starting around mid 1800’s. This was proba-
bly switched by the Hawaiian Kingdom, which by the way is the only state that had a kingdom in the
United States.
187
3
The name Sandwich Sound did not last long, due to the British Admiralty’s disapproval of John Mon-
tague’s decisions during the previous years. Therefore, again in 1778, Sandwich Sound was renamed
“Prince William Sound” in honor of King George III’s third son, Prince William Henry. Prince William
was thirteen years old at the time and a shipman in the Royal Navy. When Prince William became
King he was known as the “Sailor King”.
As a young sailor, Prince William had the same duties as the other “common men”, but he was ac-
companied by a tutor. He served in New York during the American Revolution. There was a plot at
that time, approved by General George Washington, to kidnap Prince William since he was the son of
the King. The plot was unsuccessful. He than served in the West Indies as a captain of several of
HMS (Her Majesty's Ships) vessels. William petitioned his father, King George III, to be a duke. King
George refused until William threatened to go before the House of Commons to receive his request.
William never commanded a ship during the War with France but remained in the House of Lords,
where he petitioned for his views for the good of the Kingdom.
William lived with an Irish actress, Dorthea Bland. They had ten illegitimate children and lived as a
married couple having dinner parties and celebrations in their home, entertaining the aristocrats of
Britain. Their relationship eventually failed and after a long search, William found a Princess in Ger-
many who agreed to marry him. Princess Adeline bore two children but both died young and the
Princess also had several miscarriages. With the death of his two older brothers and a niece, William
inherited the throne in 1830 at the age of 64. Since the brothers had left the Kingdom with out any
urgent matters, William was able to concentrate on social reforms in the British Kingdom. The Poor
Law was updated in 1834 (the poor had to go to a Work House to receive help or work, except in se-
vere disabled cases, the law was abolished in 1946 and the welfare system began as we know today),
child labor was restricted, slavery abolished in nearly all of the British Empire, and the British elec-
toral system was redone. Prince William appointed a Prime Minister with out Parliament’s Approval.
(The last King to do this)
William served as King from 1830-1837. He served the people. He lived humbly as far as a King and
was popular with his subjects. He refused to live in the famed Buckingham Place, which his elder
brother had renovated extensively.
William’s last wish was for his niece, Princess Victoria of Kent, to succeed him to the throne. He lived
one month past Princess Victoria's 18th birthday, thus preventing the princess’s mother, whom Wil-
liam had a bitter personal relationship with, from taking the throne.
Prince William Sound is famous today for it’s extensive commercial and sport fisheries for Alaskans.
Thus providing a huge economic boost to our state. In the early 1900’s, clams and other shellfish,
king, dungeness and tanner crabs, shrimp and scallops were abundant till the 1980’s in Prince Wil-
liam Sound.
188
4
Today Prince William Sound region economy is based on:
• Gas and oil production and distribution based in Valdez
• Seafood harvesting and processing
• Marine transportation and support services
• Tourism and outdoor recreation such as boating, camping, and fishing
Surrounded by mountains and glaciers and protected by the many barrier islands, Prince William
Sound has wet, cool weather but is a boater’s paradise. However the weather is unpredictable and
can change rapidly.
Prince William sound has been the center of many disasters. The most notorious being the 1964
earthquake and the 1989 Exon Valdez oil spill.
Prince William was a fitting name for the sound. Prince William Sound is a place of beauty and tur-
bulence as was Prince William Henry’s life. A beauty in compromising opposing opinions for the
good of his subjects and the turbulence in his personal life.
Kitty Thompson
Resources State of Alaska, Dept of Natural Resources
Columbia Encyclopedia, 6th Edition
Wikimedia.org
Encyclopedia Britannica Inc. 2018
King William IV, Allen, Gare
Wikipedia,.org
NOAA Office of Response and Restoration
www.alaska.net/beringcook
189
5
P.O. Box 1348
Kenai, AK 99611 kenaihistory@gmail.com
MINUTES *** MARCH 2018
On Sunday, March 4, 2018, the Kenai Historical Society met at the Kenai Visitor ’s and Convention
Center in Kenai. President June Harris opened the meeting at 1:35 p.m.
The minutes of the February, 2018 meeting were reviewed by the membership and approved unani-
mously. The treasure report shows the Alaska USA checking balance stands at $10,331.97 and our
Credit Union Money Market account balance is $10,301.20. The Edward Jones Account as of Decem-
ber 31, 2017 is $27,291.76 (cash of $1,834.77 and invested amount of $25,456.99). Joe Harris moved,
and Virginia Walters seconded a motion to approve the report, which passed unanimously.
Old Business:
June Harris reported on the result of the meeting on March 3 by the Board of Directors with the repre-
sentative of our Edward Jones Account. Matt Strieff discussed the status of our account to this point,
inquired as to the goals, and made a recommendation that we consider changing our mutual fund to
one that incorporates small and mid-size corporations and companies. The Board decided to follow his
advice.
The City Foundation paperwork completion is tabled to allow time for a meeting with Attorney Rick
Baldwin and possibly Terry Eubank.
The scholarship this year will come out of the Edward Jones account as it did the first year, but for the
near future this account will be left to grow and the scholarship will be funded from the City Founda-
tion account.
Finally, June Harris presented the boat shed project to the Kenai Rotary. They seemed enthused but
have not yet informed us as to whether they will take it on.
No New Business:
Next meeting date is April 8, 2018 at 1:30 p.m. This date is a variation to the meeting schedule be-
cause the first Sunday is Easter.
There being no further Society business, the meeting was adjourned and the speaker for the day was
Dr. Peter Hansen on the history of his medical practice in Kenai and his interest in adding a cabin at
the Cabins Park to display equipment used in the early years of his practice.
Respectfully submitted by Sharon Fisher, Secretary.
190
KENAI HISTORIC SOCIETY
Our Organization
There has been a Historic Society
since the days before Kenai becom-
ing a city. The Society was formed a
few years before Statehood in 1959,
and then went inactive in the early
60’s. It restarted in the latter part of
the 60’s and has met regularly since.
The Society had a museum in Fort
Kenay for some years, and then
continued to meet after that closed.
The non-profit Society implemented
and operates the Kenai Historic
Cabins Park, open for tours in the
summer months. We have office
space at the Moosemeat John cabin,
but are not open to the public in
that building. Our member meetings
are Sept., Nov., Dec., Jan., Feb.,
Mar., and April at the Kenai Visitor
Center. For Oct. and May, we meet
with the Kenai Peninsula Historical
Association. Please check the Meet-
ings and Announcements section on
this page for date information.
MEETINGS AND ANNOUNCEMENTS
Kenai Historical Society Monthly Meeting
April 8, 2018—1:30 p.m.
Kenai Visitor Center
Greg Daniels, of Kenai, has been photographing the Kenai
Peninsula since moving here in 1969, and founded the Ke-
nai Peninsula Photographers Guild 20 years ago. He's shot
the mountains, he's shot the rivers, he's shot the Kenai
beach - more times than he can count. "I've tried timed ex-
posures with the waves coming in and shooting through ice
holes at sunset and waves superimposed over one another
and shooting by starlight," Daniels said. "Ice Eggs" by Greg
Daniels "Ice Eggs" by Greg Daniels New techniques reinvig-
orate his interest, whether he's trying them out himself or
teaching them at a photo guild workshop. His latest inter-
est has been light painting, and his success with the tech-
nique gained him entry into the 2013 "Rarefied Light"
show with "Ice Eggs," shot at the Kenai beach "I'd never
even applied to 'Rarefied Light,' before, and I thought, 'You
know, this is exactly what it's all about. If this isn't
'Rarefied Light,' I don't know what is.' It's very nontradi-
tional," Daniels said.
PLEASE
PLACE
STAMP
HERE
Kenai Historic Society
P.O. Box 1348
Kenai, AK 99611
Phone: 283-1946
Phone: 776-8254
E-mail: ak.kyaker@yahoo.com
www.facebook.com/Kenai-
Historical-Society
191
Community Services
Main Office: 43335 K-Beach Road, Suite 36, Soldotna, AK 99669
Valdez Office: P.O. Box 1310, Valdez, AK 99686
Are you ready for BASEBALL?
Fax: (907) 262-6294
Fax: (907) 835-4527
Frontier Community Services (FCS) will celebrate its 15th annual World Series Baseball Event on
Friday, June 22 , 2018 in cooperation with the City of Soldotna and the Soldotna Little League . Last
year's World Series was attended by nearly 400 people . The event is a wonderful community activity.
This day gives both children and adults with developmental d isabilities a c hance to participate in the
all American game of baseball. For many of the individuals attending , this is their only opportunity to
participate in this type of sporting event. FCS invites individuals from all over the Kenai Pen insula.
Athletes travel from Soldotna , Kenai, Nikiski , Sterling , Homer, Kasilof, Seward and Valdez.
The annual budget for this event is $5000.00. FCS achieves this goal by inviting state and local
businesses to participate . Proceeds will purchase t-shirts , baseball caps , medals and baseballs for
each athlete. Sponsors that donate $500.00 or more will have their names printed on one of the
team 's baseball caps. All sponsors will be listed in our baseball program and on the back of the 2018
FCS World Series t-shirts. Your donation is tax deductible and a public acknowledgement and thank
you will be printed in the Peninsula Clarion as well.
FCS extends a warm invitation to you and your business to participate in th is awesome community
event. We hope to hear back from you by June 1st, 2018. For more information, please contact
Amanda Faulkner at 714-6644.
Thank you in advance for your support.
Sincerely ,
Amanda Faulkner
Executive Director
Frontier Community Service
Supporting individuals in our community to achieve their full potentia l since 1981 ·n· w • . .. . " .... •"' 4 . 6:
Tru ~t
Al"''" illemal llealth
Trus1 Authvri1~
192
193
PLEASE JOIN US FOR AN
AFTERNOON OF FUN! .
Where: Soldotna Little League Fields
When: lO :OOAM to 4:00PM
-Commun i fy Services Player sign-in begins at: lO:OOAM
Opening Ceremonies begin at 12:00 Noon
ADMISSION IS FREE!!!
WORLD SERIES BASEBALL EVENT
JUNE 22, 2018
Our own Kenai Peninsula Oilers v.rill be joining
us! If you would like to volunteer or would like
more information, please contact
Frontier Community Services
supports individuals with
intellectual and developmental
disabilities and their f am iii es in
achieving the fullest life possible.
We value the partnerships in our
community and invite ALL to join
us to empower the individuals we
support to the fullest by integrat-
ing with them in Americas great-
est past time .... BASEBALL
194
Government Finance Officers Association
203 North LaSalle St ree t, uitc 2700
Chic:igo , Illin ois 60601 -1210
312 .977.9700 Jax: 312.977 .4806
March 29, 2018
The Honorable Brian Gabriel
Mayor
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611-7750
Dear Mayor Gabriel:
~~KSO~~ v'V v~
Received
APR 0 b 2018
We are pleased to notify you that your comprehensive annual financial report (CAFR) for the
fiscal year ended 20 I 7 qualifies for GFOA's Certificate of Achievement for Exce llen ce in
Financial Reporting. The Certificate of Achievement is the highest form of recognition in
governmenta l accounting and financial reporting, and its attainment represents a significa nt
accomplishment by a government and its management.
When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting
Achievement (AFRA) is also presented to the individual(s) or department designated by th e
government as primarily responsible for its having earned the Certificate. This award has been
sent to the su bmitter as designated on the application.
We hope that you will arrange for a formal presentation of the Certificate and Award of Financial
Reporting Achievement, a nd that appropriate publicity will be given to thi s notable achi evement.
A sample news release is enclosed to assist with this effort.
We hope that your example wi ll encourage other government officials in their efforts to achieve
and maintain an appropriate s tandard of exce ll ence in financial reporting.
Sincerely,
Michele Mark Levine
Director, Technical Services C e nter
195
GOVERNMENT FINANCE OFFICERS ASSOCIATION
NEWS RELEASE
FOR IMMEDIATE RELEASE
03 /29/2018 F or more information contact:
Mich €ie Ma1 ·k Le\'io e, D irectorrfSC
Phone: (312) 977-9700
Fax: (312) 977-4806
E -mail: mlevine@gfoa.org
(Chicago, lllin o is)--The Certifica te of Achievement for Excellence in Financial Repo1t in g has been awarded
to City of Kenai by Government Finance Officers Association of the U nited States and Ca nada (GFOA) fo r
its comprehen sive a nnual financia l repo1t (CAFR). The Ce1tifica te of Achievement is th e hi g he st f01m of
recognition in the a rea of governmental accountin g a nd financial re p o1ti ng, a nd its att a inment re present s a
s ig nifi cant accom pli shm e nt by a governme nt a nd its m a nagement.
An Award of F in a ncial Reportin g Achievement h as been awarded to the individual(s) o r department
designated by t he government as primarily res ponsi ble for preparin g the award-wi nning CAFR .
The CAFR has been judged by an impartia l panel to meet th e high sta nd a rd s of th e program, which inc ludes
demonstrating a constructive "spirit of fu ll d isclosure" to clearly com muni cat e its financial s to ry a nd
motivate potenti a l users a nd user groups to read th e CAFR.
Government Finan ce Officers Association is a major p rofess ional association servicing the needs of nearly
19,000 appointed and elected local, state, and provincial-level governm ent officials and oth er finance
pr actitioners. It provides top quality publications, training programs, services, and products designed to
enhance th e skills and pe1formance of those respo nsible for government finance policy and management.
The association is headquartered in Ch icago, Illinois, with offices in Washington, D.C.
203 NORTH LASALLE STREET, SUITE 2 700, CHICAGO, ILLINOlS 60601 -1210
196
APRIL 18, 2018
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item D.1. Ordinance No. 3013-2018
• Drawings City Manager
• Councilor Knackstedt’s Comments City Clerk
Remove Item G.2. Purchase Orders over $15,000 City Clerk
From:Henry Knackstedt
To:Jamie Heinz
Subject:Ordinance 3013-2018
Date:Friday, April 13, 2018 12:03:46 PM
Jamie
I would like to express my support for Ordinance 3013-2018 that will more completely
renovate the Kenai Airport terminal. This is a wonderful opportunity from the hard work of
our Airport Manager, City Manager and others who met with the FAA to make this a reality.
This is really an exciting project that all of our travelling public will enjoy.
Henry Knackstedt
City Councillor
T-Books
●Founded in 2015 by Savannah Rizzo, Sarah Nash, and Mayzie
Potton
●We delivered 4000 new books to over 1000 kids
T-Books
Sandra Lee
With no library books or lessons plans, we were
forced to come up with something unique! Teaching
was chaos, but we quickly threw together lessons and
fell in love with each and every student.
Saint Francis Primary School
How they came together
●T-Books used 1st Book Marketplace to bring backpacks to
Sandra Lee
●Bi-weekly book clubs in one of Mrs. Miranda’s 8th grade
LA classes, reading and analysing the themes of Matched
by Allie Condie
●We are hoping to have them write letters to our Swazi
students at the end of this year. We will be visiting
them this summer, and might even get our Swazi students
to write them back!
Our plans for the future
●Successful fundraiser in March: raised enough money to
pay off books at Kenai Middle, purchase books for Sandra
Lee, as well as our 3rd- and 4th-grade Swazi classrooms!
●Next goal: use T-books to give St. Francis Primary School
a functional supply of books to create their own library.
Thank you so much for your time!
ACTION AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
APRIL 18, 2018-6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE ., KENAI, AK 99611
http://www. kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30)
minutes aggregated)
*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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker)
1. Chelsea Plagge, KPBSD Student -Overview of Skills USA Competition, an
Opportunity for Students to Learn Hands on Skills.
2. Mayzie Potton and Leah Johnson, KPBSD Students-Overview of their "T-Books"
Organization that fundraises to provide literature to schools and students in several
communities.
C. UNSCHEDU LE D PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 3013-2018 -Increasing Estimated
Revenues and Appropriations by $286 ,288 in the Airport Special Revenue and Airport
Terminal Improvements Capital Project Funds for Increased Costs Associated with
Phase II of the Project to Design the Airport Terminal Rehabilitation Project and
Authorizing a Contract Amendment with Wince-Corthell-Bryson for Completion of
Phase II of the Project's Design. (Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3014-2018 -Making Housekeeping
Amendments to KMC Section 3.25.060-Adoption Procedure, 3.25.090-Protective
Custody, 3.30.030-Quarantine of Individual Animal, 4.25.020-Fee Schedule,
12.25.030-Leaving of Junk or Illegally Parked Veh icles, 13 .30 .090-Sign Bearing the
Kenai City Coun cil Meeting
April 18, 201 8
Page 1of4
Legend , 18.25.030-Inspection Fee, and 23.50 .010-Employee Classifica ti on. (Legal
and City Clerk)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 4, 20 18
F. UNFINISHED BUSINESS-None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified .
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Purchase Orders
Exceeding $15,000 .
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Non-Objection to
Liquor License Renewal for:
• George's Casino Lounge
• Pizza Hut
• Wal-Mart Supercenter #4474
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3015-2018 -Accepting and Appropriating a Volunteer Fire
Assistance (VFA) Grant From the United States Department of Agriculture Forest
Service Passed Through the State of Alaska Division of Forestry for the Purchase of
Forestry Firefighting Equipment. (Administration)
5 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3016-2018 -Increasing Estimated Revenues and Appropriations by
$4,434.88 in the General Fund -Police Department for State Traffic Grant Overtime
Expenditures . (Administration)
6 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3017-2018 -Accepting Drug Se izure Funds Forfe ited to the City in
the Amount of $4 , 709.63 and Appropriating the Funds for the Purchase of Pol ice
Department Small Tools. (Administration)
7 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3018-2018 -Amending Kenai Munici pa l Code Title 23-Personnel
Regulations , to Create a New Class of Employees Defined as "Department Head
Service" that Includes Employees who Work at Will and are Compensated within A
Salary Range Approved by the Council, and Making other Housekeeping Changes .
(Council Member Navarre)
8 . INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3019-2018 -Increasing Estimated Revenues and Appropriation in
the General and Municipal Roadway Improvements Cap ital Proj ect Funds and
K enai C ity Council Me etin g
April 18 , 2018
P age 2 of 4
Awarding A Contract To Complete The Ryan's Creek Outfall Repair Project To Foster
Construction, Inc. (Administration)
9. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0510212018.
*Ordinance No. 3020-2018 -Increasing Estimated Revenues and Appropriations in
the Water & Sewer Special Revenue and Water & Sewer Improvements Capital
Project Funds and Authorizing a Change Order to the Contract with the State of Alaska
Department of Transportation for the Project Entitled "Spur Highway Water Main
Replacement -Spur Highway and Shotgun Drive". (Administration)
10. SPECIAL USE PERMIT APPROVED UNANIMOUSLY. Action/Approval -
Approving a Special Use Permit to the State of Alaska, Department of Natural
Resources, Division of Forestry, for Aircraft Parking and Loading on the Apron.
(Admi nistration)
11. CONSENT TO ASSIGNMENT OF LEASE APPROVED UNANIMOUSLY.
Action/Approval -Consenting to Assignment of Kenai Municipal Airport Lease from
Alaska Realty Group, Inc. to Mossy Oak Properties (Administration)
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION -None.
M. PENDING ITEMS -None.
N. ADJOURNMENT
Kenai City Council Meeting
April 18, 2018
Page 3 of 4
INFORMATION ITEMS
1. Purchase Orders between $2 ,500 and $15,000 for Council Review
2. Kenai Historical Society -March Newsletter
3. Frontier Community Services World Series of Baseball
4. Certificate and Award of Financial Reporting Achievemen t
The agenda and supporting documents are posted on the City 's website at www.kenai.citv.
Copies of resolutions and ordinances are available at the City Clerk 's Office or outside the Council
Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at
907-283-8231.
Ke na i City Cou ncil Meeting
April 18 , 20 18
P a ge 4 of 4
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE APRIL 18, 2018
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s)
and/or Resolution(s) at the above-referenced meeting .
1. ENACTED UNANIMOUSLY. Ordinance No. 3013-2018 -Increasing Estimated Revenues
and Appropriations by $286,288 in the Airport Special Revenue and Airport Terminal
Improvements Capital Project Funds for Increased Costs Associated with Phase II of the
Project to Design the Airport Terminal Rehabilitation Project and Authorizing a Contract
Amendment with Wince-Corthell-Bryson for Completion of Phase II of the Project's
Design .
2. ENACTED UNANIMOUSLY. Ordinance No . 3014-2018 -Making Housekeeping
Amendments to KMC Section 3.25.060-Adoption Procedure , 3.25.090-Protective Custody,
3.30 .030-Quarantine of Individual Animal, 4.25.020-Fee Schedule , 12.25.030-Leaving of
Junk or Illegally Parked Vehicles , 13.30.090-Sign Bearing the Legend, 18 .25 .03 0 -
Inspection Fee, and 23.50.010-Employee Classification.
Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk.
Please be advised, subject to legal limitations, ordinances and/or resolutions may have been
amended by the Council prior to adoption without further public notice.
NOTICE OF PUBLIC HEARING
APRIL 18, 2018
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing
on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date:
1. Ordinance No. 3013-2018 -Increasing Estimated Revenues and
Appropriations by $286,288 in the Airport Special Revenue and Airport
Terminal Improvements Capital Project Funds for Increased Costs
Associated with Phase II of the Project to Design the Airport Terminal
Rehabilitation Project and Authorizing a Contract Amendment with Wince-
Corthell-Bryson for Completion of Phase II of the Project's
Design. (Administration)
2. Ordinance No. 3014-2018 -Making Housekeeping Amendments to KMC
Section 3.25.060-Adoption Procedure, 3.25.090-Protective Custody,
3.30 .030-Quarantine of Individual Animal, 4.25.020-Fee Schedule,
12.25.030-Leaving of Junk or Illegally Parked Vehicles, 13.30.090-Sign
Bearing the Legend, 18.25.030 -Inspection Fee, and 23.50.010-Employee
Classification . (Legal and City Clerk)
The public hearing will commence at 6:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611 . All interested
persons are invited to attend the meeting and participate in the public discussion. Written
comments may be sent to the Kenai City Council, c/o Kenai City Clerk , 210 Fidalgo Avenue ,
Kenai, AK, 99611 .
Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk
and will be available at the meeting for public review. Please be advised , subject to legal
limitations, ordinances and/or resolutions may be amended by the Council prior to adoption
without further public otice.