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1974-10-09 Council Packet
Kenai City Council Meeting Packet October 9, 1974 �.i�.�� .. ���--`—..i-y. ��,... ._� _ � _ _. .._.. ..__.. _. .�.— .. �-Tv—_. .e� _i ....._ .. i i i i II d - •—•--���lla .iaw�sa.u�wv�^d — i I 1 I _— E r COUNCI f EETING OF p ` J) STEINER DOYLE HUDSON AMBARI MMG, ijj Tia S 6tl NORENE STEINS BIELEFhLD DOYLE HUDS MC G Y JO ON NJ W.14 n All ql COUNCIL MEETING OF C-�L'. % J ��% 7C/ al 104.". tA �► ! Q � ? A_G_E_N_hA REGULAR MIXTING, KENAI CITY COUNCIL OETOOLK 9. 1974, 8:00 P.M. KENA1 LIURARY PAGE PLEDGE OF ALLEGIANCE Ai ROLL CALL I OATH OF OFFICE - NOW MAYOR AND COUNCILMEN I j At ROLL CALL I AGENDA APPROVAL 2 Bs PUCLIC HEARINGS B - 1: Liquor License Transfer - Rig Inc to Rig Inc. plus Lola S. Simon and Charles Simon Jr. 2 B - 2: Ordinance 2SO-74 - Traffic Regulations 3 C: PERSONS PRESENT SCHEDULED TO BE HEARD: I. FraneCh�.kMeIlhargey - Youth Hockey NOT PRESENT 3,aCBY *hCb�naaswell 4 D: MINUTES ; 1. Minutes of Regular Meeting, September 4. 1971 2. Minutes of Regular Meeting. September 18 1974 3. minutes 4 4 of Special Meeting. October 2. 1474 4 4. Minutes of Special Meeting, October 4, 1974 E: CORRESPONDENCE 1. 2. F: OLD BUSINESS _ 1. Price Quotation Police Tires S 2. 3. 4. S. 6. 7. a. G1 NEW BUSINESS 5 1. Bills to be paid - bills to be ratified 2. Request for payment - Galliett - Nater Supply 6 Dist 5 L System - $8.316.36 3. Request for payment - Mince. Corthell - Airport Fencing - 5 $1,674.SS 4. Request for payment - Grob, Benkert 4 Master - Kenai 5 Property Owners v. City of Kenai - $1,318.55 S. Bid Oponing - Improvement to Nater Supply and Dist. Sys. 6. Request for payment-Aspootis - 73 -WI - f4,SO4.50 6 7. Insurance Premium Payment Request S. Correction 6 _ of Quotation -Parts for Oshkosh Gas Engine 7 r 9. Bid Opening - City Manager's Car 7 30, Resolution 74.41 -Amending Security Fencing Project to include lighting control panel at tower 7 .: 11. Resolution 74.42-ACcopting grant offer to reimburse for { completed water 6 sower projects 7 12. P.A.A. request for a free useermit to remove 3.500 cy of gravel for loco]iter and glide slope project 8 i 13. Reimbursable maintenance agreements for Highway Lighting 8 - 14. Kenai Supply Bill 0 > 1S. Purchase of Emergency parts for graders 16. Bids for material and labor to install boater :... ! at underground wellhouse Ht REPORTS I. City Manager's Report 0 b. - -- - d. e. 2. City Attorney's Report 10 3. Mayor's Ro ort -1s 10 NONE 4. City Clerk Report 30 S. Finance Director's Report NONE r 6. Planning 6 Zoning's Report 7. Borough Assemblymen's Report NONE k' it 1BRSRNSLPR855INTnNOT SCHEBULED TO an HUARD: 10 30 • .r = t J MINUTES REGULAR MEETING KENAI CITY COUNCIL OCTOBER 9, 1974 8:00 P.M. KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members present Robert Norene, H. J. Steiner, A. L. Hudson, Tru McGrady, and Mayor C. E. Johnson. Members absent Robert Bielefeld and James Doyle. Mayor Johnson stated, before swearing in the new Mayor and Councilmen, he would like to thank Council for their support, a special thanks to the City Clerk, to Dave Chen for the triffic job he has done for the City, a public thanks to George Navarre for a job well done in ddverse circumstances and to all the citizens of Kenai. He is gratified to see so many people here this evening. One thing he feels the people can do to support the Council and new Mayor is to got out like this. This helps to make a good City government. The Clerk gave the Oath of Office to the Mayor and then to the three Councilmen. Councilman McGrady stated it has been a pleasure to serve the City of Kenai. He is also glad to see such a good attendance. He feels the Assemblymen should consider the possibility of enacting a Resolution to the State of Alaska opposing the 5% surcharge tax President Ford is proposing to initiate, due to the fact that the cost of living in the State of Alaska far expounds beyond the cost of living in the South 48, that it would be an unfair tax to the people of this State. He urges the Assemblymen to oppose this surcharge tax. q The Mayor and new Councilmen were seated. Mayor Elson stated it is his hope that in his term of office will be one that looks to the future. He realizes the City has had some severe problems in the past and hopes the Council, as well as the community, will focus its energy to its citizens of the future, otherwise, we are just going along on a day to day basis. He feels it is important our actions, particularly at this time, is going to have a strong impact in the future of this community for the next 5,, 10, 20 years and he asks the Council to keep this in mind for the next few years. ROLL CALL: Members resent - H. J. Steiner, A. L. Hudson, Edward Ambarian, Aorgan, Richard Oscar Thomas and Mayor James Elson. Members absent -James Doyle. J F— — i ,MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 9, 1974 Page two B: B - 1: Mayor Elson stated nominations are in order for Vice Mayor. Hudson nominated James Doyle. Thomas nominated H. J. Steiner. Councilman Steiner declined the nomination because a Vice Mayor has to be available on short notice. Ambarian nominated Dick Morgan. Hudson moved and Thomas seconded nominations cease. The motion carried unanimously. The vote was cast by secret ballot. The tally was: i James Doyle - 3 Richard Morgan - 3 There was no objection to carry this over to the next meeting. Mayor Elson stated nominations are open for an Assemblyman. Morgan moved and Thomas seconded that H. J. Steiner be designated the City of Kenai's representative to the Kenai Peninsula Borough Assembly. There were no objections and was so ordered. AGENDA APPROVAL The following additions were made to the Agenda without objection: C - 3 - Oscar Thomas G -15 - Purchase of Emergency parts for graders G -16 - Bids for material and labor to install heater at underground wellhouse. Councilman Steiner asked if the next Council Meeting will be in two weeks. He was informed this is true and has been published in the paper. PUBLIC HEARINGS Liquor License Transfer - Rig Inc. to Rin Inc. plus Lola S. Simon and Charles Simon Jr. f Mayor Elson declared the public hearing open. Councilman Steiner f asked if there was a check on taxes and was informed they are paid. Councilman Ambarian asked if there was an investigation by the Police. The City Manager stated he has had no indication from the police of any problems. 3 The Mayor Brough the action back to the Council table. ' Steiner moved and Ambarian seconded to grant the transfer of the dispensary liquor license from Rig Inc. to Rig Inc. plus Lola S. Simon and Charles Simon Jr. The motion carried ; unanimously by roll call vote. j r MINOTFS, KENAI CITY COUNCIL. MEETING, OCTOBER 9, 1974 Page three B - 2: Ordinance 250-74 - Traffic Regulations The City Mnaager stated this Ordinance was developed working with the City Attorney to resolve the traffic problems. The City Attorney stated this is to incorporate the Alaska Traffic Code, required by State Statutes, into our Code. Mayor Elson opened the meeting up for a public hearing. There was no public participation and the public hearing was closed and brought back to Council table. Steiner moved and Hudson seconded to adopt Ordinance 250-74 - Providing for the incorporation of A. S. Title 28 and the Regulations promulgated thereunder into Chapter 19 of Kenai Code, 1963, as amended. The motion carried unanimously by roll call vote. C: PERSONS PRESENT SCHEDULED TO BE HEARD: C - 1: Frank McIlhargey - Youth Hockey Mr. McIlhargey congratulated the elected and appointed officials. The thought this time of year turn to winter sports and youth hockey is part of the scene. Mr. McIlhargey noted some young adults were present tonight and also some of the senior hockey players. He spoke about the things that are needed. The City furnished a temporary building with a pot bellied stove. This stove is dangerous. The activities occur in the evenings for children from S to 15 years old and they need an adequate warm up facility and an adequate place to change skates. Two portable toilets are needed for proper health standards and some regular maintenance of the ice. The interest has more than doubled. Councilman Steiner asked if the hockey committee presented the City Manager with all the specific items and if there are monies available. Mr. Lynn stated he does have a list and think we have the majority of the materials on hand. Councilman Thomas asked about the heating. Mr. Lynn stated there is a question on this. Mr. McIlhargey stated the construction shacks have no lights. There is a need to get a line to the electricity to get an electric heater and lights to the shacks. Mayor Elson stated the City Parks and Recreation has limited funds. He feels the Mayor's Committee on Recreation should make recommendations to Council on the best way to implement Improvements. Mr. McIlhargey asked if their group could submit a name for the Mayor's group. Mayor Elson replied he would appreciate a name and asked their group to turn in a schedule of their activities. C - 2: Frenchy Cresswell Not present. Rllw•A11I1' �� ' �^^ ' ' - " I I + I Jill r I JIM III I III �( MINUTES, Ki?NAI CITY COUNCIL !►tEE1'I?�G, OCTOl3lilt 9, I97A Page four i C - 3: D: _rIL $ Oscar Thomas Mr. Thomas stated the City Attorney did advise him it is appropriate to give a brief disclosure to the Council. He stated it is best, while serving on the Council to disclose that he is employed as an officer and a minor stockholder in Kenai Utility Service Corporation that supplies natural gas to the City. In reading the Code and Charter with the City Attorney, they saw no conflict with the intent in the appropriate sections but would like this to be on the records and brought to the attention of Council. Councilman Steiner stated this means that any question directly affecting K.U.S.C.O., he will abstain from voting. Councilman Thomas stated he would not only be abstaining, was directed not to participate in any of the discussions. The City Attorney stated State law requires everybody that has any financial interest in anything before Council not to participate. Mr. Baldwin further stated that, by Ordinance, anyone who sells anyting to Council over $SOO value will go to bid. In virtue of the fact that K.U.S.C.O. is the only natural gas supplier in the area, it would be ambiguous to go to bid if there in only one bidder and due to the fact the rates are regulated by the Alaska Public Utilities Commission, there is no problem. MINUTES Hudson moved and stainer seconded to approve the Minutes of the Regular Meeting of September 4, 1974, as distributed. There were no objections and was so ordered. Hudson moved and Steiner seconded to approve the Minutes of the Regular Meeting of September 18, 1974, as distributed. There were no objections and was so ordered. Steiner moved and Hudson seconded to approve the Minutes of the Special Meeting of October 2, 1974, as distributed. This was the Canvass of the Ballots. There were no objections and was so ordered. Steiner moved and Hudson seconded to approve the Minutes of the Special Meeting of October 4, 1974, as distributed. This was for the recount. There was no objections and was so ordered. CORRESPONDENCE None. WNW 4 ---•....�,;`-'�ti"-�-e.v--�i,wtf3.aL'_.. .. n - -. •-r,.r.... e+ _ ..._-......,�--..-..�•^-vim- `. 4t _ i r . ..c . - MINUTES, KLNAI CITY COUNCIL. MEETING, OCTOBER 9, 1974 Page five + F: OLE) BUSINESS F - 1: Price Quotation Police Tires Mr. Chen stated Council rejected the bids last meeting to get a comparison. The second type of bid is for snow tires only. The bid for 4 each of GR 70 x 15 is $53.55 ea. FOB Anchorage from Vendor #1 and 554.00 each FOB Kenai from Vendor #2. The bid for 12 each H78 x 15 is $53.00 each FOB Anchorage from Vendor #1 and $53.80 ea. FOB Kenai from Vendor #2. He recommends accepting the bid of Vendor #2. Councilman Steiner asked if they _ were for the same type of tires and Mr. Chen stated they were. Hudson moved and Steiner seconded to accept Vendor 02 for 4 each f tires GR70 x 15 and for 12 each H78 x 15 tires. The motion carried unanimously by roll call vote. G: NEW BUSINESS +j G - 1: Bills to be paid - bills to be ratified ` f Mr. Chen read the list of bilis to be paid and ratified. ' • Steiner moved and Hudson seconded to approve payment of bills and ratification of payment of bilis as listed on the memo of 10-9-74. The motion carried unanimously by roll call vote. G - 2: Request for payment - Galliett - Water Supply $ Dist. System - '" $8.316.36 F: Mr. Lynn stated this is for the design work on the water well and transmission lines. The work is complete and went to bid. k After some discussion, Steiner moved and Morgan seconded to pay I Harold Galliett $8,316.36 for engineering services - Improvements to Water Supply & Distribution System - 1974. The motion carried unanimously by roll call vote. t � r G - 3: Request for payment - Wince. Corthell - Airport Fencing - $1,674.55; Mr. Lynn stated the bill was certified by the eningeers and checked! '._ b the Finance Director. He recommends + Y payment be made. Steiner moved and Hudson seconded to pay Wince, Corthell - -� Associates $1,674.55 for Airport Security Fencing. The motion T carried unanimously by roll call vote. G - 4: Request for payment - Groh Benkert & Walter - Kenai Property Owners v. City of Kenai - 11,318.55 Mr. Lynn stated the bill has been checked by the Finance Director. `. Councilman Steiner asked where the money would come from. Mr. Chen stated it would come from the Special Assessment Fund. Hudson moved and Steiner seconded to pay Groh, Benkert & Walter ! $19318.55 for legal services - Kenai Property Owners V. City of Kenai. The motion carried unanimously by roll call vote. { i ' MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 9, 1974 Page six G - S: Bid Opening - Improvements to Water Supply $ Distribution System Mr. Lynn stated there were three bids on the Water Improvements to Water Supply & Distribution System. The engineer's estimate is $262,600.88. The bids are as follows: Aspeotis Construction $560,406.19 Brown Construction 420,600.88 P.F. Green Construction 601,710.00 The City Manager stated the low bid is 601 above the engineer's estimate. He recommends all bids be rejected and to instruct the engineer to make modifications to reduce the cost and re- submit the bids. Hudson moved and Morgan seconded to reject all bids and go back to the engineers for changes. The motion carried by roll call vote with Ambarian dissenting. Councilman Morgan asked the City Manager if he spoke with the engineer to see why the bids came in so high. Mr. Lynn stated he spoke with him and it is probably because of the unavail- ability of materials. Councilman Steiner stated the variance appears to be in the materials and not in the labor. The City could buy the materials and re -bid for installation. G - 6: G - 7: Steiner moved and Hudson seconded to direct Administration to put together a bid packet of the major materials on this project based on the engineer's specifications and acceptable alternates on the Improvement to Water Supply & Distribution Systerm. The motion carried unanimously by roll call vote. Request for payment - Aspeotis - 74-W1 - $4.SO4,50 Mr. Chen stated the project was complete last year and the job has been certified. Steiner moved and Thomas seconded to make final payment to Aspeotis in the amount of $4,504.50 for 73-W1. The motion carried unanimously by roll call vote. Insurance Premium Payment Request Mr. Chen stated there are two memos for the insurance payments. Leo Oberts - General Package Policy $21,048.00 Dawson 4 Co. - Umbrella & Excess Liability 49250.00 Leo Oberts - E 4 0 Policy 749.34 Mr. Chen recommends approval of the three payments. Steiner moved and Thomas seconded to pay Oberts $21,048.00 for the General Package Police, Dawson $4,250.00 for Umbrella & Excess Liability and Oberts $749.34 for the E $ 0 Policy. The motion carried unanimouslby by roll call vote. 4 M _ R { MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 9, 1974 Page seven - G 8: Correction of Quotation - Parts for Oshkosh Gas Engine - Mr. Lynn stated that at the last meeting the parts for the Oshkosh were approved by Council. Item 10 $ 11 should have been for 2 instead of 3. This is an increase of $507.75. Ambarian moved and Hudson seconded to approve the additional $S07.7S on the previous parts order ,for the Oshkosh gas engine to Vendor #1 for items 10 11. The motion carried unanimously by roll call vote. G 9: Bid Opening - City Manager's Car Mr. Lynn stated he recommends rejecting all bids. It is possible{ .. we can acquire parts and fix up an old police car and have the j money held for other areas later on. + } After some discussion, Steiner moved and Hudson seconded to go along with the City Manager and reject the bids and delay the expenditure. The motion carried by roll call vote with Ambarian dissenting. G 10: Resolution 74-41 - Amending Security Fencing Proiect to include ii Iain control panel at the tower Mr. Lynn stated F.A.A. has asked the City to install a lighting - control panel at the tower and add it to the Airport Fencing Project - ADAP No. 8-02-0142-02 and the additional $15,268.00 will be picked up by F.A.A. Councilman Hudson stated the controls should be put in parallel and not have just one set of controls. Steiner moved and Ambarian seconded to adopt Resolution 74-41 - - Grant Agreement with the Federal Aviation Administration for Federal Funds pursuant to the Airport and Airway Development Act. The motion carried unanimously by roil call vote. G - 11: Resolution 74-42 - Acceptinggrant offer to reimburse for completed water $ sewer proects The City Manager stated the State has offered $316,700.00 ! reimbursement on four projects. _ _.. Steiner moved and Thomas seconded to adopt Resolution 74-42 - - -: = Accepting the offer of a grant from the State of Alaska, Depart- ment of Environmental Conservation, in an amount not to exceed $316,700.00 to be applied to the financing of Kenai water & sewer f _ projects. The motion carried unanimously by roll call vote. L MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 9, 1974 Page eight G - 12: F.A.A. request for a free use permit to remove 3.500 yds of gravel for localizer and glide slope projects Mr. Lynn stated the F.A.A. would like a free use permit to get gravel from the pit on the west side of the runway, near the float plane basin and fire water reservior to be used for the localizer and glide slope project. After some discussion, Hudson moved and Steiner seconded to give F.A.A. authority to take gravel and issue a free use permit on the pit on the west side of the runway. The motion carried unanimously by roll call vote. G - 13: Reimbursable maintenance agreements for highway lighting Mr. Lynn stated there are two agreements, one for last year and one for next year. Steiner moved and Hudson seconded to enter into an illunination agreement with the Department of Highways for reimbursement. The motion carried unaftously by roll call vote. G - 14: Kenai Supply Bill Mr. Baldwin stated at the last Council meeting the Council authorized Administration to pay Kenai Supply $5,000 for materii the Oilers signed for. The bill has not been paid and can't be paid. Anything over $500 must go to bid. There is no way aroui it. Mr. Balswin suggests 1) vote to rescind previous motion an4 2) direct Administration to go to bid. Steiner moved and Morgan seconded to rescind the motion of the Acoundil Meeting of September 18, 1974 to pay Kenai Supply $5,000 for materials at the baseball park. The motion carried unanimously by roll call vote. After some discussion, Thomas moved and Steiner seconded the City Manager be instructed to proceed post haste to promote the issuance of the grant. There was no objection and was so ordered. Steiner moved and Morgan seconded to proceed to get bids for material needed to replace material used in the baseball park. The motion tied and thereby failed. Voting yes; Steiner, Morgan and Elson. Voting no; Hudson, Ambarian and Thomas. The Administration is to inform Mr. Wells. L I . .; MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 9, 1974 Page nine i A G - 1S: G - 16: H: H - 1: Purchase of Emergency Parts for graders Mr. Lynn stated Administration went to bid for these parts for the graders. No bids were returned. The only place we can get these parts are from N.C. Machinery. Administration is asking for authority to order these parts. Steiner moved and Ambarian seconded to authorize Administration to purchase the emergency parts for the graders from N.C. Machinery in the amount of $2,707.60. The motion carried unanimously by roll call vote. Bids for material and labor to install heater at underground wellhouse Mr. Lynn stated this wellhouse is located by the fire water reservoir -on the west side of the airport. The Insurance Service Office representative stated this is one of the areas that needs correction. Councilman Steiner asked if there will be a backup full set of spare parts. Mr. Lynn stated there will be one complete well pump. Hudson moved and Ambarian seconded to accept bid #1 for material and labor to install heater at underground wellhouse. The motion carried unanimously by roll call vote. REPORTS City Manager's Report Mr. Lynn explained to the new Councilmen the Work Projects Status Sheet. He also stated he would work up a summary sheet on the Citizens Request to keep the Councilmen abreast. Mr. Lynn related the Alaska Municipal League is having a training session for newly elected officials as well as for the veterans. The meeting will be held on October 30, 31, and November 1, 1974. ! There will be a meeting at 9:00 A.M. with George Miller from Wildwood to discuss problem areas in the Police/Fire contract. Council is invited to attend the work session. The City Manager stated there was a meeting last Friday concerning the Zoning Ordinance. The Mayor and City Manager of Seward, City Manager of Homer, Mayor of Soldotna, Soldotna City Engineer, Jim Elson, David Chen, Rick Baldwin and himself met with the Borough Mayor. There were a few philosophical differences. The Cities feel they should be able to do their own planning 4 zoning. Mayor Thompson feels it should go to the vote of the people. After further discussion, the Administration was directed to write a letter to the Borough requesting the Kenai Zoning Ordinance be put on the Borough Planning Agenda without further ado and without a popularity vote. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 90 1974 Page ten H - 2: City Attorney's Resort Mr. Baldwin reported he has the Tibbets package nearly put together. He has statements from individuals and has written a memo of law and a statement of facts concerning this. -• After further discussion, Steiner moved and Morgan seconded to direct the City Attorney to proceed with action against Tibbets. - The motion carried unanimously by roll call vote. Mr. Baldwin stated he is moving forward on foreclosing on past -. due assessments. H 3: Mayor's Report Mayor Elson stated there are vacancies to be filled in various committees and commissions; the new taxi commission, three vacancies in Planning 4 Zoning and the Mayor's Committee on Recreation. He would appreciate suggestions of names. Council- man Morgan stated he would like to serve on the Recreation Committee. i H - 4: City Clerk's Report No report. H - S: Finance Director's Report Mr. Chen stated the Financial Statement is being typed. He would suggest, that before it is formally presented to Council, a work session be set up and explained step by step. Councilman - Ambarian felt an informal meeting, open to the public, would be ` quite helpful. H - 6: Planning 4 Zoning's Report No report. 4 ' H - 7: Borough Assemblymen's Report Not present. I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: i 1: A. L. Hudson - --- Councilman Hudson stated he did vote to pay Kenai Supply on a moral issue. Councilman Morgan stated we are dragging our feet. We arepputting the burden on him. Going out to bid was voted down. Mr. Lynn stated we can't close the grant until we go to bid. Nels Kjelstad stated he wish Council would reconsider. After further discussion, Hudson moved and Steiner seconded to give notice of reconsideration at the next regular meeting. Respectfully submitted, U �Lt,J�-ry o Sharon Loosli, City Clerk v �i ALCOHOLIC BEWRAGE CONTROL BOARD SECIIO1404, 10 APPLICATION FOR LIQUOR LICEMSE NEW 0 0 RENEWAL 6YTRANSf ER 1. COMPLFIE FOR NEW AND RENEWAL APPLICATIONS; A. THE UNDEkS.f,NED tfE;.L6Y APPLY FOR A TYPE LICENSE FOR THE YEAR AND Ift4DERS HEREWIfff THE SUM OF S PLUS A FILING FEE OF 525.00 PENALTY E. APPLICANT'S N,'mE AND MAILING ADDRESS DBA (SUSINESS NAME) AND LOCATION t f1 3 ............ C. MUNICIPALITYOTHER...... %OmhgtE ONIV ONE) D. IF RENEWAL GIVE PRESENT LICENSE NUMBER ... ... . _ ...... ..................._.....• NON -INFRACTION OF LAWS OR REGULATIONS PERTAINING TO THE SALE OF INTOXICATING WUORS. 1 0 WAS 0 WAS NOT CONVICTED OF AN INFRACTION OF ANY FEDERAL, STATE LAWOR REGULATION OR CITY ORDINANCE COVERING THE SALE OF INTOXICATING LIQUORS DURING THE TERM OF THE LICENSE. IF CONVICTED, GIVE DETAILS. Z. COMPLETE FOR TRANSFERS ONLY: EBY A;P.PPIE$ FOR TRANSFER OF,,e-tt,440 w g u c 0 4 E. u ce g NJ a a A. THE UNDERSIGNED HER 11, e Z7.?g FROM - DOING BUSINESS AS --,I' dI., 'p. AT THE FOLLOWING L ATIONs ITREET ADDgESS (COMPL91E ONLY ONE) OTHER., MUNICIPALITY ..ff6'lVQ APPLICANT'S NAME AND Mt.ILING ADDRESS DBA IBUSINFSS NAME) AND LOCATION ueaesa L /(oolwo/ kC. I/WE HEREBY CONSENT,FGA (d Ie 10 THE ABOVE TRANSFERs 3. I/WFFURINER STATE THAT THE ABOVE LICENSE OHAS 0 HAS NOT BEEN EXERCISED ORACTIVF AT LEAST THIRTY (30) DAYS DURING THE PAW YEAR. IFLICENSE HAS NOT BEEN ACTIVE AT LEAST THIRTY (30) DAYS.EMINs f OU NI IC A. LOCATION OF THE PREMISESIS 0 5 NOT WITHIN 60 MILES OF AN INCORPORATEDCo BOROUGH OR UNIFIED IED MUN IPALItY 3. DISTANCE BY SHORTEST PEDESTRIAN ROUTE FROM ANY SCHOOL GROUNDS, CHURCH, COLLEGE 00 UNIVERSITY 6. HAVE YOU ANY OTHER KIND OF LIQUOR LICENSE? NO IF Y0. ONE ftPd AND UCMU MMW 7. HAVE YOU EVER BEEN CONVICTED OF A FELONY? 0 YES Q) NO IF YES. COMPLETE THEFOLWWINGs rt yet ar�,r unvscnerro FMVj"fkjPAUTV AMC 51MIll 0Alfi 016 f�QftV141ION APPROVED Twt DAY OF 19- 06.9ol LICENSE NUMBER F1 1 1. S. FEDERAL IDENTIFICATION NUMBER f� A PAGE Z 9. IF APPLICANT IS AN INDIVIDUAL OR INDIVIDUALS: NAME ADDRESS BIRTHDATE PHONE NO. sacs tstcVQ81%,Np _ .<</ ,S',fmo,� _ /�<,t Z��v /.1'r•N4� . %<.7-�3j _ _...... ... y�•�–���-2zc ' C�f��/mss-.fiiis�••%�._�T�.... . /ar -?-�l� ��e��i _...._:_ .fir►-.�-33. �- - ,.... .... �. _.. spy=�r•-�32. 10. IF APPLICANT IS A CORPORATION: A. IS CORPORATION LICENSED DO BUSINESS IN THE STATE OF ALASKA YES ONO B. CORPORATE NAME __ .�.�4+� /rii/ .ZiY �� OFFICE PHONE. C. DOING BUSINESS AS-..-- � f�i/'P _J �. LOCATION _../.2 - D. MAILING ADDRESS "Vq*47%AJ& CITY.STATE ZIP ............... . FRES �� C. �' ADDRESS BIRTHDATE PHONE NO. Stx:uusECUemnrt) .�//�4� . N.ArAE / • ' /. HOME xt -ZA.v�/�...�C iREf �� y F. DIRECTORS AND/OR STOCKHOLDERS: NAME HOME ADDRESS HOMEPHONE SHARES OR A-10 �1-elrlve -11611y4i •-ter-Y --� -9, ; 11. UNDER WHAT NAME WAS YOUR PAR YEAR'S ALASKA STATE INCOME TAX FILED? 1 NAME YEAR SPOUSE'S NAME Y IT. WHAT NAME WILL FSE USED ON YOUR PUBLIC SIGN OR IN YOUR ADVERTISING PROGRAM TO INDENTIFY YOUR LICENSED PREMISES? 13. Sedion 04.10.180, regulations 4110 and 4111, and Interpretations of Section 04.10.190, require a full disclosure of any financial interest y In o liquor license. The Board requests that you list all purchase agreements, loans from banks qr Individuals, silent partners, or any other contracts, Including lessee agreements, that offed the finandol interest of this license. Failure to mob a complete disclosure of all financial El Interest is a false statement and the penalty warrants revocation of the license. Please study the above sections in your rules and regulon floe booklet. Declare all other financial interests below. 14. APPLICANT HEREBY DECLARES THATs He Is an �� Individual, partnership, or O assocloson of persons who has resided In the Stole of Alaska for at least one year prior to the date of this app cation, or that he is a cooperation registered and qualified to do — business In the Slate of Alaska. lar --• - SIGNATURE(S) OF APPLICANT The Rig, Inc. `Bill .:cCann, President ~ —ScfleiVIA 131 SUBSCRIBED AND SWORN TO ME THIS Z C. DAY OF 5, -,0 -rd AAP 4 Z 19 ) uv rmb"At COMM avolnoe 114 x �7 / ?•rwhr . .,. .. .__. '--__ .�r.c.'.z� - - - - - • �-•- - —' - • ' i_ -- ... -- __----'-S'------,.'---'----- ---�� - — --- -'---YmuAeilli IJ-L.. ' ORDINANCE 250-74 - PROVIDING FOR TIIE INCORPORATION OF A.S. TITLE 28 AND THE REGULATIONS PROMULGATED THEREUNDER INTO CHAPTER 19 OF KENAI CODE, 1963, AS AMENOL-D. j BE 1T ORDAINED BY COUNCIL OF THE CITY OF KENAI, ALASKA: • Section 1. That the Code of the City of Kenai, 1963, as amended, is hereby further amended as follows: a. Chapter 19, Kenai Code, 1963, as amended,is hereby repealed. - b. Chapter 19. Kenai Code, 1963, as amended, is hereby • re-inacted as follows: ARTICLE I _ State Traffic Regulations Adopted Section 19-1. Adoption. There is hereby incorportated by reference into this code. except as otherwise provided by this chapter, Title 28 - Motor Vehicles, of the Alaska Statutes (1974) as well as all regulations promulgated thereunder to the effective date of this ordinance, including but not limited to Title 13 of the Alaska Administrative Code. Section 19-2. Penalty. Notwithstanding any other provisions uxtder this chapter, mine shall be levied in excess of $500.00, nor shall any imprisonment be imposed in excess of 30 days for a violation of this ordinance or any statute or regulation incor- porated herein. ARTICLE II ' Traffic Administration- Obedience to Traffic Rceulations Section 19-3. Duty of police department and fire department. 1a) It shall be the duty of the police department to enforce the street traffic regulations of this city and the state vehicle laws and regulations applicable to street traffic in this city, to make arrests for traffic violations, to investigate, accidents, and to cooperate with other officers' Of the city in the adminis;ration j of the traffic laws and regulations and in develo Ing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said department by this chapter and any other traffic { ordinances of this city. (b) Officers of the police department or such officer's thereof 11 I � i as are assigned by the chief of police, are hereby authorized to _ direct all traffic by voice, hand, or signal in conformance with traffic laws regulations, and ordinances; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers 0f the police department may direct traffic as conditions may require notwithstanding the'provisions of the traffic laws, regulations, and ordinances. (e) Officers of the fire departeent, when at the scene of a• fire, may direct or assist the police is directing traffic thereat orin the immediate vicinity. _ Section 19-4. Er..er�ency and experimental regulations. (a) The city council, by motion or resolution, is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make teaporary or experimental regal- stions to cover emergencies or special conditions. No such temporary i or experimental regulation shall remain in effect for -more than 90 days. . (b)• The city council may have traffic-control devices tested under actual conditions of traffic. k fj f First reading day of September, 1974 i Second Reading day of October. 1974 Passage day of October, 1974 I This ordinance will be effective on the day of . 197` It I . JAftb A. UbU14, OlAtuet ! ATTEST: Sharon 600sli, City Clerk t t. e t i• t s i H. 7 u 4'� 7 I' P .. i - - - _ _� ._ _ __ --_ NOUN ._ _ •. T- �...----..-.�w� -- I j FOR COUFU L AP"ROVAL TO DAVID C11FN FInAVCE DTRFCTOR PRICE QUOT1!TION FOR. SNOW TIRES FOR POLICE DEPARTMENT VENDOR # 1 AMERICAN TIRE WHOLFSALE - VENDOR 4 2 NnRTHERy COMMERCIAL COMPANY VENDOR 0 3 -Kr.? -)Al C1IRYSLER NO BID VEUPOR # 4 NORTHWEST TIRE (Seattle) No Did ITF.14 VENDOR # 1 VENDOR 9 2 SUGGPSTFD VENDOR 4 ea: h- GR70 X 15 $214.20 $216.00 2 53.55 (each) 54.00 (each) ' 12 each- H78 X 15 $636.00 $645.60 2 - 53.00 (each) 53.80 (each) $850.20 5861:60 - NOTE Vendor $ 1 is FOB ANCHORAGE, PRICES VENDOR 4 2 is FOB KENAI PRICES s i H. 7 u 4'� 7 I' P .. i _ COUNCIL 41EETING OF 10-9-74 e-1 The following are disbursements over $500.00 which need • i Council approvals VENDOR AMMIT P. 0. { DFaCRIPTION • Mall Travel Agency f 572.68 6312 Jones 6265 Rick Baldwin Homer Electric Asso. 3.447.20 none September consumption KUSCO 666.36 none • • _ Dept. of Adminis.Retirement 5,667.15 none September Retiremen Internal Revenue Service 9.897.90 none • Federal Taxes Alaska Dept. of Revenue 6,154.11 none 3rd Quarter Withholding Travelers Insurance Co. 2,462.38 • none October Policy Premium Dept. of Administration 20,346.66 none 3rd Quarter Fics __. Kenai Peninsula Borough '1.500.00 none • • Sates Tax • • Sears 547.07 .169 2 file cabinets 6270 30 folding chairs - *approx. - _ •i Items to be ratified NE Alaska Statebank $70,000. one TCD Anchorage Credit Union 1,645.0 none September Withholdings Seattle Twat 76,516.5 none Bonds due Doyle's Fuel Service 730.6 none Oil 6 Gas - Doyle's Fuel Service 862.9 Seattle Trust 6,257.7. '69 Water Bonds • I 13 i r. i , _ _ - .�-„__. `_ _'�� 4 IdLMtlllft4.Ww.aadr-^ _ .. .. -.— -'.-..�T.I:,+eii!_. i.i .I I I it 1II. II III �I ^_--�••'_—_ HAROLD F!. GALLIETT. JR. Sp �• REGIsTEfiBQ Covet. ENGINEER RTS 760 V STREET SURVEYS ANCNORAGE.ALASKA 03501 DEGION 27 September 1974 3972.9212 SUPERVIMN Mr. Roland D. Lynn City Manager City of Kenai Box 580 Kenai, Alaska 99611 Subject: Statement, Professional Engineering Services, Improvements To dater Supply And Distribution System - 1974 Kenai, Alaska 276.9226 Dear Sir This letter is my statement for professional engineering services rendered in connection with Improvements To Water Supply And Distribution System - 1974, Kenai, Alaska, This work was authorized per your predecessor's letter dated 5 April 1974. My charges are detailed, as follows: TIME i Galliett, H.' 146 Mrs. @ $30.00/Hr. $4,380.00 Copeland, A. 49 Mrs. @ $10.00/Hr. 2 Times Wages Paid 980.00 Galliett, M. 86;1 Mrs. @ $5.00/Hr. 2 Times Wages Paid 855.00 _ - -Galliett, R. 1 Hr. @ $5.00/Hr. 2 Times Wages Paid 10.00 $6,225.00 Is t EXPENSES Reproductions, Tel Tolls Transportation, Meals & Lodgings, Postage fees, Supplies 2,091.36 PAYMENT REQUESTED --------------------------- $8,316.36 Y hereby certify that this is a true and Just bill, and - that payment therefor has not been received. Very truly your s Harold H. Galliett, Jr., _. Registered Civil Engineer HHG:mg .I ��1-Yde•_I.... 1111 Y I •�''6'a I .I �I.•nl ltl il..l YlY. cIAtI--_- __ n, _ _ _ _ - _ -_ _.. ____. - WINCE a CORTHELL Z. ASSOCIATES CONSULT114G ENGINEERS P.O. Dos 3.294 274.1043 ANC1,101RA01, A(ASKA ' 99501 September 19, 1974 Our Job Ho. 73-1 City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Project: Kenai Airport Security Fencing ADAP Project No. 8-02-0142-02 Dear Sirs: Please consider this Jnvolce'in the amount of $1,674.55 as compensation for basic engineering"services performed and now payable in accordance with Section B of our Agreement for Engineering Services for the subject project. ._: Invoice Computation Construction Contract amount (including C.O. #1) $300,314.78 Basic Engineering Fpe, 6.8•/ x 300,314.78 a $20,421.41 Contractors PCE #2, September 13, 1974, Contract 41% complete Engineering Contract Sec. B-4: How due 20 x 20,421.41 x 41% 0 11,674.55 I Certify that the above charges are true and correct and that payment therefor has not been received. "WINCE - CORTHELL 8 Assoc. Fran W. Wince _-_ - FWW/swc t. 1 i � 1 r ' r l � 1 I 1 i rrrailv_...� .. •_. _• ... ..- . • : - - -..•� G_- -.._ - - .,. _'=-moa I .. LL UJ_.F LAW N:'t ICES OF GROH, UNKERT & WALTER , SECURITY TITLE 8 TRUST GLOG (� rr,. T - XnrF cap AtttM7RjkpGf.. ALASKA 03501 A,O 5315 � 272.6474 011272-647% August 31, 1974 t I City of Kenai Bcx 580 = Kenai, AK. 99611 t Ree Kenai Property Oviners v. City of Kenai 8/9/74 Review of letter; - = Dictation of letter to D. Baily and City Manager Ree George Filler 8/14/74 Dictation of letter to City Manager; Review of Plaintiff's Discovery Documents 8/20/74 Research; r Preparation of Protective Order; Telephone conference with D. Chen; Prebgration of Answer - z i - • I � 1 Iyc — ORIGINAL t - 1t 1 JI . A• II P Llllkll.- No. 5315 City of Kenai Page Two , August 31, 1974 f 8/21/74 Tele hone conference %,ith R. Baker re D:.scovery 8/21/74 Research re :liatility 8/22/74 Telephone conference with Kenai; Conference with Finance Director and City Attorney; Preparation of l+nzwer to Complaint 8/29/74 Research re fidelity bond } BALANCE FOPWARD $ 506.55 w FOR SERVICES RENDERED 784.00 $1228.00 COSTS: AIR FARE KLVI TO KENAI $1,316.55 i f\ S . 1 i i f • �. =1 1 r 1 .. t ' t I .i t, 1 I BID OPENING IMPROVEMENT TO WATER SUPPLY AND DISTRIBUTION SYSTEM OCTOBER 4, 1974, 2:00 P.M. - CITY MANAGER'S OFFICE - Those attend the bid opening were as follows: Roy Fowler F.F. Green Construction Co. Ron Fowler F.F. Green Construction Co. Don Brown Brown Construction Fete Aspeotis Aspeotis Construction Kenny Carver Kenny Carver Drilling Co. Robert Gepner Kenny Carver Drilling Co. Herb Johnson Kenny Carver Drilling Co. Howard Hackney City of Kenai Penny Carty City of Kenai - Sharon Loosli City of Kenai The bids'were opened and are as follows: 1 . Aspeotis Construction - Bid Bond enclosed - Addendum acknowledged $560,406.19 '= Brown Construction - Bid Bond enclosed - Addendum acknowledged $4200600.88 F.F. Green Construction Co. - Bid Bond enclosed - Addendum acknowledged $601,710.00 Engineer's Estimate $262,217.00 r 1 .. t ' t I .i t, 1 I .; C'S'" '•:'R'7F� AT:: SUMMARY PRRTCI}TGERIOD 7/7-• 1"74 'ESTIM.ATE NO. F/ 1JAL 1:L: 7yQDITioNS 'to W&?GC! }TRI e(lT1oN 5Vs; M -{q73 �pJr;0T 1,OJ':CT 1:0. ?"3 W I CONTRACT 110. CONTRACTOR XAK,�:—&PEdM-c, Cooe,-mLx,-rioo 1�1C• COliTRACTOR ADB^ESS: 27701 SLUCS VVY l PA HUS 1 Lt. PERIOD COVERED BY THIS �,•STlKlTE: FROir Cv'1'L�"j1�. TO N-9twir CORTRACT CC:IPI:ETIG:s DAT See SP -41 ADDITION OR REDUC?IC:. CF • DAYS (C.O. NO- 1 THRU D) 01J� REVISBD CO¢:PLETION DATE CONTRACT ANOU116T $ '2.3� � 4•Cc � 9Z ' ADDITION OR REDUCTION 0.0. 110. 1 THRU ' REVIS?D CONTRACT 1-10UNT . TOTAL AT-1,01INT :FOR WORK COMPLIiTED TO DATE 2'LS 1 wzs s ALLOWANCE FOR !MATERIALS ON SITE t w . _ SUB TOTAL 225 225 �4 LESS 0 % RETAINAGE _ . SUB TOTAL k • • ? . LES ; PREVIOUq PAY14EE TS - Z�C -7z O TS i ESTIr1ATE NO. 1 THRU } _.__ _ _► AMOUNT DUE CONTRACTOR r====.-_rod=raerrrarrarra •� 1 VSD � ABOVE Ir1F0itIri :TION PREPARED BY VINCE-CORTUELL AND ASSOCIATES. P.O. BOX 1041 • KERAI, ALAS'r A 9%11 / A 1 1 r 1 f 11' {• 1 �t . • y 1 4 L I _y October 7, 1974 To: City Manager From: David T. Che q_---- Subject: Insurance premium payment request (1) General package policy $21,846.00 Less Workmen's Comp. refund ( 798.00) Net due to Leo T. Oberts Ins. $21,048.00 (2) Umbrella Liabilities $ 2,750.00 Excess Liability 11500,00 Net due to Dawson 6 Co. $ 4,250.00 Attached and submitted are subject invoices for the Council agenda. All the Invoices were received along with the policies in accordance with the bids awarded. There are some minor discrepancies in the policies received but not signiflcant enough to withhold the payments. It is recommended that the Council approve the payments. The Finance Dept. will send letters to request their corrections of discrepancies. Encl . DTC/le I. •I OBF,IiTS BUILDING ro�� �t-y~ IL Telephone 283.7591 I I n �' ' �' ' 11+ C.� P.O. Box 968, Kenai, Alaska 99811 «.» ... 1:1514M Friendtyr Protcsmonal Irsuranco Service w CO IN POUCv n.uME EG B4uNGP0,00 ACCCu`It r O Co . ANv 7/1/75 126 420 I N4 29574 Alaska Ins. Co 1822 POP 92 00 22 7/1/74 To LINE IPANS CHARGE CTEDIT OE.CRYtOh r.- PACKAGE POLICY anniversary billing KE $21, 846•.Om INVOICE DATE 0 City of Kenai 8/28/74 Box 580 Kenai, Alaska CONTACT US FOR CCTWENIF,NT pnnnUR1 FINANCING A gEEtY10E CHARGE OF 1%. PER 670rrTE1 WILL OC MADE ON ALLnDEL[gQUENT BALANCES USC S4D -' I � - . I.E� OBERTS Owim BUZLDINO . ` Telephone 288-7691 vlara/ 4A�wrOM INSURANCE. INC. P.O. Box 458, Kenai, Alaska 99811 ! Friendly, PaItesslonel Insumnee SenWoe ACCOUNT NO. COMPANY CO. Ho. POLICY NUMBER BILLING PERIOD 126 420 I N@ 30067 I Employers Wain 805 12314 00 032168 7/1/73 To *7/1/74 DESCRIPTION LINE TRANS. CHARGE CREDIT I I j Final Wokkmens comp audit from KD $798.90 3 7/1/73 to 7/1/74 I INVOICE OATS i ' o j City of Kenai 10/4/74 ; Box 580 Kenai, Alaska CONTACT US FOR CONVENIENT PREMIUM FINANCING USC $40 A SERVICE CHARGE OF 1% PER MONTH WILL BE MADE ON AL4,IQ NT BALANCES Q I I -� DAWSON8CO.oF ALASKA,INC. ANCHORAGE OFFICE 943 W. Sixth Ave. •�-1 M • Anchorage, Aloska 99501 Phone: (907) 279.3471 Tolox 099.25.109 - INVOICE .3 p 0 4 City of Kenai P. O. Box 580 i Kenai, Alaska 99611 L2 -38S60-0 PLEASE REFER TO THIS ACCOUNT NUMBER TO INSURE ACCURATE APPLICATION OF YOUR REMITTANCE CREDIT TERMS --15 DAYS AFTER CLCSE OF MONTH IN WHICH PREMIUM IS INVOICED., 8/23/.74 DATE POLICY NO. COMPANY DESCRIPTION I 11/74 CU 22-90030 American Bankers $5,000,000. Excess of 'c $S,000,000. Umbrella `iil/75 Liability Annual Premium i,S00.00 t �. 6T- ( CO STA TRAM CLASS AUDIT s�-- FFF268 6 10 90 42SW Thom, You ..., for this opportunity to serve you. y 11 is o not privilege to count you as a friond. 2 A Sublldiyy of COMERCO. INC. FORM ACCT 10 - f rt i 1 I 1 I, r 1 u X- 1 m� I i .j i u X- w 4 DAWSONBCO.oF ALASMINC. •" !` r ANCHORAGE OFFICE i • 943 W. Sixth Ave. Anchorage. Alaska 99501 Phone: (907) 279.3471 Telex 099.25 109 INVOICE 38039 City of Kenai P. O. Box 580 Kenai, Alaska 99611 ri_1[ric%YYI.rY 7tto"sd L2-38560-0 PLEASE REFER TO THIS ACCOUNT NUMBER TO INSURE ACCURATE APPLICATION OF YOUR REMITTANCE CREDIT TERMS -1S DAYS AFTER CLOSE OF MONTH IN WHICH PREMIUM IS INVOICED, 8/z3/`74 DATE POLICY NO. COMPANY DESCRIPTION 7/1/74 YU 110957 Yosemite $5,000,000. Umbrella Liab. to Annual Premium 2,750.00 7/1/75 i le ,�- - CO STA TRAM CLASS AUDIT � �S • '� ��I 768 A 10 20 X25000 f1 pCJ Thank You ... for this opportunity to serve you. j.... _� It is a nal privilege to count you as a friend. 2 A Sobridiary of COMERCO. INC. 10M ACCT 10 - J a October 8, 1974 To: City Manager l From: David Chen, Finance Director AO Q l Subject: E. & 0. Policy Premium $749.34 (Leo T. Oberts Insurance) 1 The subject invoice is in accordance with the bid awarded. It Is recommended for Council Is approval. Q 09�T OBEBT$ BUlLD1NQ Telephone 288-7591 wuq► INSURANCE, INC. P.O. Box 488, Kenai, Alaska 98811 Fdondly, Poolmlonel Insurance Sondes ACCOUNTNO.COMPANY CO. NO. POLICY NUMBER BILLING PERIOD 126 240 I N� 29678 Robert O. F1eIR 1812 1 GP 7012 I 7/22/74 TO 7/22/75 DESCRIPTION LINE TRANS. CHARGE CREDIT f B 6 0 POLICY KC $709.00 tax fees IGC 40.34 -- $749.34 INVOICE DATE City of Kenai 9/4/74 Box 580 Kenai, Alaska CONTACT US FOR CONVENI[NT PREMIUM FINANCING t IDSL SW A SERVICE CHAROB OF 1% PCR MONTH WILL 09 MADE ON AupJ*LgiQUENT BALANCES ' I I i i I p . it • IM I j CORRECTION OF QUOTATION 9-13-74 PARTS FOR OSHKOSH GAS ENGINE ITEM 1 10 was listed at $167.7S (this is the price for 1 -we need 2) ITEM N 11 was listed at $340.00 (this is the price of 1 we need 2) THIS WILL INCREASE THE TOTAL AMOUNT OF THE PURCHASE TO.WHITTINGTON BY S07.7S MAKING A TOTAL OF $3,005.50 INSTEAD' OF $29497.75. a ' TABULATION OF QUOTATIONS i I 9-13-74 ITEM # VENDOR # 1 VENDOR # 2 VENDOR #3 SUGGEST WHITTINGTON OSHKOSH MOTOR HATCH KIRK VENDOR COMPANY $ TRUCK INC. .# 1 $372.50 516.94 245.91 3 2 9.00 4.08 4.20 3 - 3 125..00 295.55 ------ 1 4 65.00 164.83 ------ (cancel) 0 .' S 87.50 (good used) 270.44 285.00 1 6 27.50 ------ ------ i 7 167.50 189.55 157.50 3 8 32.70 22.83 20.00 3 9 1,750.00 29387.20 ------ 1 10 167.75 218.34 1 11 340.00 442.12 1 $39144.45 $4,511.43 $712.61 ' Total for suggested Vendor # 3 $ 427.61 ' Vendor # 1 2.497.75 © This is for an Oshkosh Gas Engine -Year 1958 Sno-Go-Serial # TU3304162 and 1956 w/washue snow plow- Serial s 5644 r ' . •5 1 t Q J 1 l' --.,..,. ,._--...._.,--- -- . , aim• i I I BID TABULATION i SEALED BID OPENING i NEW CITY MANAGERS CAR ; } TIME OPENING 2:15 P.M. September 20-1974 i� j PLACE: CITY MANAGERS OFFICE � BIDS RECEIVED: i - ALASKA SALES SERVICE NO BID Alternate #1'.$4,125.00 Alternate 0 2-$3,650.00 JOHNNY JOHNSON MOTORS NO BID FRIENDLY FORD INC. NO BID POLAR AMERICAN r' �. ROLAND D. LYNN --CITY MANAGER THOSE PRESENT--------------------------- AT OPENING SHARON LOOSLI-CITY CLERK -- - ------------------------ t f - VI-CUTSINGER_-PURCHASING AGENT i; r ' Y r I - v� September 20,, 1974 To:. City Manager City of Kenai . r) I am pleasedto submit the following Bids: Alternate ##1 1974 Plymouth valiant - 4 DR 318 Cu. in. V8 Engine Sure Grip Differential Tinted Glass Power Disk Brakes b Had & Snow Tires Spare Tire Reg. Tread Power Steering Bench Seats Rear Window Defogger Torgue Flits Transmission Radio AM 3 Speed Wipers Circulating Engine Heater Color - White Green Vinyl Top Cloth and Vinyl Interior - Green Price Delivered in Kenai $49125.00 Alternate #2 E' 1974 Dodge Dart 4 DR - Demonstrator ` Car has 5052 miles on it but will carry complete new car warranty. " 318 Cu. in. Engine CXath and Vinyl Bench Seat - Blue Power Disk Brakes Torque elite Transmission Sure Orip Differential Hear Window Defogger Radio w/ Rear Speaker •_ Power Steering Engine Heater 4 Mad & Snow Tires (Mew) Spare Tire Reg. Tread Circulating Beater • Calor - Medium Blue --`-- Price Delivered in Kenai $3,650.00 Thank you, 0i lAS . Jo On Johnny Johns• Motors C•r `i t f — —1i `SII I - ,..wl .'- •---s�-�--- Y U h6.I V 1 A i OIRECIOR DAVID T CHEN wvtic ontt PHONI: 483.7535 • BOK 580 KENAI. AIASKA99611 PAGE ONE 140.1 Please note the following changes on the New Police Special: 1. Bid opening will be October 15,,1974- at 2:00 P.M. -- yell' CITY OF KENAI �. ptr ANf1A9tY 00 FlNAN;1 Olo Q f ALASKA SALES 4 SERVICE y 1300 FIFTH AVENUE • •' ANCHORAGE, ALASKA 99501 111 CITY OF KENAI RESERVES THE RIGHT TO ACCEPT OR REJECT BIDS ON ANY PAIII OR ALL ITEMS. No.2 . JOHNNY JOHNSON MOTORS . BOX 1331 141 PRICES OUOTED MUST BE F.O.B. • KENAI, ALASKA 99611 DESTINATION. 131 CITY EXEMPT FROM FEDERAL EXCISE No.3 . FRIENDLY FORD INC. TAX, • 730 EAST FIFTH AVENUE ` l • ANCHORAGE, ALASKA 99501BIDS RECEIVED BY THE PURI ' CHASING AGENT AFTER TIME No.4 SET FOR OPENING WILL NOT POLAR AMERICAN BE CONSIDERED AND WILL BE 3200 SE{'BARD HIGHWAY RETURNED UNOPENED. n ANCHORAB, ALASKA + DA lOf N IIAtIQV 1974- September N10D,-A-E Of 07iN:N$0 P.M. REOU4SIt10N1A!71ER I . INVITATION TO BID NO. ADDENDUM NO. 001 Please note the following changes on the New City Managers Car- as follows:. �., 1. This may be either a 1974 or 1975 model (New) 2. No choice Of color. 3. This may be either a 6 or 8 cylinder engine- (if an eight a small one) i 7 I - ` 4. jhe bid .date opening for the City Managers car xa will remain as above September 20, 1974 ` Please note the following changes on the New Police Special: 1. Bid opening will be October 15,,1974- at 2:00 P.M. -- yell' CITY OF KENAI �. ptr ANf1A9tY 00 FlNAN;1 Olo Q f 0 r y t • is - 7 _ Z 0 COVER SHEET TV e i yr mcimAi i&Awci 6;w;&64'0A`V Z T CHEN PHONE: 203-7335 * SOX 360 KENAI, AtASKA99611 PAGE ONE ALASKA SALES & SERVICE 4' 1300 FIFTH AVENUE III CITY OF KENAI RESERVES THE Air,"T ANCHORAG,E, ALASKA TO ACCEPT OR REJECT BIDS ON ANY PART OR ALL ITEMS, No. 2 . JOHNNY JOHNSON MOTORS 0 BOX 1331 121 PRICES QUOTED MUST BE F.O.B. DESTINATION. KENAI, ALASKA 131 CITY EXEMPT FROM FEDERAL EXCISE No' FRIENDLY FORD INC. TAX 730 EAST FIFTH AVENUE ANCHORAGE 9 ALASKA BIDS RECEIVED BY THE PUR. - CHASING AGENT AFTER TIME No. 4 SET FOR OPENING WILL NOT POLAR AMERICAN BE CONSIDERED AND WILL BE 0 3200 SEIVARD HIGHWAY RETURNED UNOPENED. 0 ANCHORAGE, ALASKA 8-8-74 1#74wAAvtq'nhAr 20- -200 2111. INVITATION TO 910 NO. ADDENDUM NO. MINIMUM SPECIFICATIONS POLICE CAR 2. MINIMUM SPECIFICATIONS CITY MANAGERS CAR P114se see attached for specifications specifications are a.general.guideline. A comparative substitute is acceptable, But specifications must accompany bid. CITY OF KENAI in 0�111.41t1U:1 SPECIFICATIONS: 1574 4 UJJR SLIN'l PJLICE SPECIAL COLOR BLACK .1/40TE TOP MD DOORS 191EE L BASE: 120" E.VGIXE: - 400 CU I301 V-8 438L CART! W/UUAL EXHAUST 250 iIOPuEPU:liM TRA7SMISSI04. 711REE SPITED ;1EA%7Y DUTY AUTO: ATI C = SUSPli: HEAVY DUTY II/SPECIAL 1UNDLIYG PKG. INCLUDING SVAY BAR BRAMS: dEAVY DUTY POSER DISC BRAKES ' TIRES: SET OF FIVE STEEL BELTED, RADIAL PLY, POLICE, HIGH PERFOIL'•IAICE TIRES . WEELS: I3x6.JJ COOLING: IIIGII CAPACITY' RADIATOR 1,11M SHROUD ELECTRICAL: GO AMP ALTERIATOR, 70 Al BATTERY W/HEAT S11IELD, FULL CIRCLE 1131MING, CERTIFIED SPEEDOMT R (140 :•M), DUAL 11JR:;S, DUAL WIPERS, DUAL BACK UP IJW S, W1.06MELO :1.15►IER, HD SPOTLIGHT SI:ITGI, PARK BRAKE ifAMING LIGirr, HAZARD NAR.VINM LIGUT S'YST -3. RADIO SUPPRESSIO:i PACKAGE. BODY: HEAVY DUTY TAM VI.r'YL INTEMOR, HEAVY DUTY BUC.'MT SEATS $ BACK SPRINGS 0 FRONT SEAT SUPPORTED BY HAADBOARD i3A ..'G FOA: -I SCAT CUSiI1115 (FRONT & REAR), a : HEAVY DWY BLACK RUBBER FLOOR %MTS•,- # 'f PADDED SW VISO, i • . • SAFM PADDED INS'TRM:Tf�PA'iEL, • . •.. • HEAD RESi'RUM# FROM RIS --IT AND LLFT, OAY 4 XIMT INSIik::•IMOR - . RIGdT 4 LEFT OUISIUE MIRRORS • RE:dOrB C04MOL LEFT MROR ROOF REIVFJRCE:•11:.ff PLATT: .. DIFFEWNTIAL: 5.23 RATIO SURD GRIP TYPE ! NECIAL EQUIP:•1E:i'r: MANMI. FAST IDLE CONTROL ' -_ - OIL PRESSMU GUAGii • ' , 61' SPOTLIGIT LIFT SIM PILLL'R :RO =--- 1 ROM uTLIMI DL'FOCGUR j INSIDE' DECK itL'LBASE ' 13SIUL' 11001) RELEASE _ LLMIRCO.tri.}}G • 131ack 1{•cA,te� • �IARI''%VTELS: Till: SUPPLIER SHALL STIPULME. VE HI:II:•IU:1 1iARAMM AND TIM LOGl 'OF 1=1 SER�'ICI::G AC:i:.T. PULViAM,;CE :WILL DE GIVER u%• SUPPLIER 1W O CAV . FUR- NISiI Tills �VL'C 'SSARY SERVIM 41'ril A :•tIA1'•R3••1 Di:L.tr 1, R 0�111.41t1U:1 SPECIFICATIONS: 1574 4 UJJR SLIN'l PJLICE SPECIAL COLOR BLACK .1/40TE TOP MD DOORS 191EE L BASE: 120" E.VGIXE: - 400 CU I301 V-8 438L CART! W/UUAL EXHAUST 250 iIOPuEPU:liM TRA7SMISSI04. 711REE SPITED ;1EA%7Y DUTY AUTO: ATI C = SUSPli: HEAVY DUTY II/SPECIAL 1UNDLIYG PKG. INCLUDING SVAY BAR BRAMS: dEAVY DUTY POSER DISC BRAKES ' TIRES: SET OF FIVE STEEL BELTED, RADIAL PLY, POLICE, HIGH PERFOIL'•IAICE TIRES . WEELS: I3x6.JJ COOLING: IIIGII CAPACITY' RADIATOR 1,11M SHROUD ELECTRICAL: GO AMP ALTERIATOR, 70 Al BATTERY W/HEAT S11IELD, FULL CIRCLE 1131MING, CERTIFIED SPEEDOMT R (140 :•M), DUAL 11JR:;S, DUAL WIPERS, DUAL BACK UP IJW S, W1.06MELO :1.15►IER, HD SPOTLIGHT SI:ITGI, PARK BRAKE ifAMING LIGirr, HAZARD NAR.VINM LIGUT S'YST -3. RADIO SUPPRESSIO:i PACKAGE. BODY: HEAVY DUTY TAM VI.r'YL INTEMOR, HEAVY DUTY BUC.'MT SEATS $ BACK SPRINGS 0 FRONT SEAT SUPPORTED BY HAADBOARD i3A ..'G FOA: -I SCAT CUSiI1115 (FRONT & REAR), a : HEAVY DWY BLACK RUBBER FLOOR %MTS•,- # 'f PADDED SW VISO, i • . • SAFM PADDED INS'TRM:Tf�PA'iEL, • . •.. • HEAD RESi'RUM# FROM RIS --IT AND LLFT, OAY 4 XIMT INSIik::•IMOR - . RIGdT 4 LEFT OUISIUE MIRRORS • RE:dOrB C04MOL LEFT MROR ROOF REIVFJRCE:•11:.ff PLATT: .. DIFFEWNTIAL: 5.23 RATIO SURD GRIP TYPE ! NECIAL EQUIP:•1E:i'r: MANMI. FAST IDLE CONTROL ' -_ - OIL PRESSMU GUAGii • ' , 61' SPOTLIGIT LIFT SIM PILLL'R :RO =--- 1 ROM uTLIMI DL'FOCGUR j INSIDE' DECK itL'LBASE ' 13SIUL' 11001) RELEASE _ LLMIRCO.tri.}}G • 131ack 1{•cA,te� • �IARI''%VTELS: Till: SUPPLIER SHALL STIPULME. VE HI:II:•IU:1 1iARAMM AND TIM LOGl 'OF 1=1 SER�'ICI::G AC:i:.T. PULViAM,;CE :WILL DE GIVER u%• SUPPLIER 1W O CAV . FUR- NISiI Tills �VL'C 'SSARY SERVIM 41'ril A :•tIA1'•R3••1 Di:L.tr 1, Specifications for new City Manager car • This car shill be a r•e•itcurrontly;advertised.. American made! 4 door# standard prcduction zodel. I The engine shall be a 6 cylinder,, 4 cycle gasoline type, fully equipped with all necessary operating accessories and not loss than 225 dubic inch displacement arA equipped with a circulating engine heater. The differential sball be of the Baited slip variety. " The transmission si•all be automatic type. -" •. . ' The brakes shall be disc type on the front and drum type on the rear with power assist. The heater shall be deluxe typo with a rear window deffigger. . 'The radia shall be standard A24 type. .. The steering shall be power assist. The tires shall`be snav tread ;and will have a spare tine, wheels jack . .. and lug wrench. ..... . �' ... .. The 'seats shallbe of the bench type. _ ..... -• '....•r.-. •.. �._.: _ _ ....._ The wlidshield shall be tinted aad have 2 speed. wipers and washers. .. .. The Vice quoted shalt be F.0.8. Kenai _ _.__ _ •. . � . ... T he• earteriar• •calor• shoul=d- #re• -a -1 --fight blue: -• • .- _ . • w M, ,. The interior should be a dark blue ori, similiai: . • ::. ' ;' soft•{• - """"iii•""' • •� ' • • • M • • r .. y i t I C 4 RESOLUTION 74-41 •GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR FEDERAL FUNDS PURSUANT TO THE AIRPORT AND AIRWAY DEVELOPMENT ACT. WHEREAS, the City of Kenai has accepted a grant offer from the Federal Aviation Administration in the amount of $274,375.00 for ADAP Project No. 8-02-0142-02, and; WHEREAS, The City of Kenai has requested an amendment to this grant offer to provide installation of a Lighting Control Panel in the Air Traffic Control Tower, and; WHEREAS, the Federal Aviation Administration has offered an amendment to the Grant Agreement for ADAP Project No. 8-02-0142-02 to include the runway lighting control panel in the ATCT, and to increase the amount of the grant offer from $274,375.00 to $289,643.00; NOW, THEREFORE BE IT RESOLVED: 1. That the project work description as set forth in the Grant Agreement dated June 25, 1974, be revised to add the installation of a runway control panel in the tower so as to read as follows: "Land: Development and clear zone. Install fence and runway lighting control panel in the ATCT." 2. That the maximum amount of the obligation of the United States as set forth in Paragraph 1 of the terms and conditions of the Grant Agreement between the United States and the Sponsor, accepted by said Sponsor on the 25th day of June 1974, relating to the Kenai Municipal Airport, Kenai, Alaska, Project No. AD" 8-02-0142-02, is hereby increased from $274,375.00 to $289,643.00. Dated this day of , 1974. ATTEST: Sharon Loosli, City Clerk JAMES A. ELSON, MAYOR !r SPOWATION DEPA"TMENT OF FEDERAL AVIATIONMAD` I NiSTRATION ALASKA" REGION a►*u AN October 4, 1974 N HAVENUE GI4ORAQRAGE, ALASKA 94501 iFtEiBR 1I TELEPHONE 272+5561 ` - Au.-ssa susucr: Kenai Municipal Airport, ADAP No. 8-02-0142-02 ROM• Chief, Airports Division, AAL -600 Tos Mr. Roland D. Lynn City Manager City of Kenai Box 580 Kenai, Alaska 99611 _.. Enclosed for your signature and certification by your attorney seven copies of Amendment No. 1 to Grant Agreement No. 8-02-014 After signature on page 2 and date on page 1, please return the original and three copies, together with a copy of resolution b CityCouncil authorizing your signature. e t" 0. 0, TEMP N . J Enclosures « 7 copies A RESOLUTION 74-42 A RESOLUTION ACCEPTING THE OFFER OF A GRANT FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN AN AMOUNT NOT TO EXCEED . $316,700.00 TO BE APPLIED TO THE FINANCING OF KENAI WATER $ SEWER PROJECTS. WHEREAS, the State of Alaska, Department of Environmental Conservation, t has made a grant offer in an amount not to exceed $3160700.00 for the financing of the construction of the following water and sewer projects: 0 4 .f , Mommsen & Bush Lanes (water) ' Davidson -Cone $ Kaknu Korners (water/sewer) - Bush Lanes (*ater) Water Supply Improvements and Expansions, FY 1975, and; WHEREAS, financing for the above projects is needed by the City, and; WHEREAS, the City of Kenai cannot totally fund such projects from its tl own resources, and; WHEREAS, the grant offer by the State will enable the City of Kenai to finance such projects; NOW, THEREFORE BE IT RESOLVED by.the City Council of the City of Kenai, ' that the City of Kenai does hereby accept the grant offer of the State of Alaska, Department of Environmental Conservation in an amount not to exceed $316,700.00, and by such acceptance does hereby pledge the proceeds of such a grant to the uses above described. Passed this day of , 1974. 1 - f.= f JAMES A. ELSON, MAYOR ATTEST: Sharon Loosli, City Clerk z , T, t M A i' WIUTAM A. EGAN, GOVERNOR O imurr.OF LNVERONNSIEN7AL CONSERVATION / POUCH 0 — JUNEAU 99801 September 24, 1974 Mr. Roland Lynn City Manager City of Kenai Box S80 Kenai, Alaska 99611 Dear Mr. Lynn: In accordance with AS 46.03.0300 Governor William Egan has authorized me to offer you a grant of State funds, of not to exceed, $316,700 to be applied to the financing of your several water and sewer projects. These projects are: Mommsen 4--Bush-Lanes—(water), Davidson -Cone 4 Kaknu..Corners (water/sewer), Bush Lanes (water), and Water Supply Improve- ments and Expansion, FY 7S...... Payment of funds will be made in accordance with the enclosed payment schedule. At your 'earliest convenience, I would appreciate an acknowl- edgment, together with a formal resolution enacted by the Kenai City Council, accepting this grant offer and agreeing to carry out the remaining work as expeditiously as possible. Sincerely yours, Max C. Brewer Commissioner Enclosure N t k =— LARRY D. SW" Enclosure 4 DEPARTMENT Of TRANSPORTATION FEDERAL AVIATION ADMINISTRATION i 1 / c� q ALASKAN REGION 2 Y 1974 692 BOXY" AVENUE �► AY,,� 4r .50ANCHORAGE. ALASKA 99501 iZ IN pEP�Y ^ NtfER TO: #�pti AAL -58 TELEPHONE 272•-5551 SUBJECT; Gravel Removal, ILS Facilities, Kenai Airport I r2oJ1, Chief, Real Estate & Utilities Branch, AAL -58 Toi Mr. Roland Lynn City Manager City of Kenai Box 580 Kenai* Alaska 99611 w FAA plans to construct a localizer and glide slope at the Kenai Airport. Construction is tentatively scheduled to begin September $0, 1974. For this construction, we request a Free Use Permit or a Letter of Kon -Objection from the City of Kenai authorizing FAA to extract approximately 9500 cubic yards of gravel from the existing gravel burrow which is located on the westerly side of tete airport opposite the terminal buildings, as indicated . on the enclosed drawing. Any action you may take to expedite our request will be greatly appreciated. k =— LARRY D. SW" Enclosure 4 lemic. 0441rd 1 AV" W— owl N6 _vp i -0 I NOMA" 06Np7[5- I DEIA L -K •mulm UAM IW4--n i .yam TT DETAIL 'C MARKER Ar SPAft told0 UTIAS Poo 01.0c.m".0m. AM919 am$ a a= DUAILT GLIM 3UH t _ . O O OV1411AM A. [CAN, CCVENNDN GIMBAL DlSINlCtISAIN049DAOt�3QQ8XP A ON 9 9 59Q 2 b 7 S 0 October 3, 1974 RE: 54-002 Reimbursable Maintenance Agreements Mr. Roland Lynn y j City of Kenai I Box S80 I Kenai, Alaska Dear Mr. Lynn: Transmitted herewith are the Illumination Agreements for the past year and the current year. Please sign these as soon as possible and return to the Highway Department, i Sincerely yours, ' JACK M. SPAKB E Central District Bngi ser oe Wm. cy G ss le Central. District Assistant Maintenance Bngr. - e rkt I STATE OF ALASKA DEPARTMENT Or HIGHWAYS i ILLUMINATION AGREEMENT THIS AGREEMENT, between the City of Kenai, Alaska hereinafter called the "City", and the Department 6T—Highways, hereinafter called the "State", provides for energy to the following ! - specified safety lighting; of the State Route Illumination systems f _ within the corporate limits of said city during the period of July 1, 1973 through June 30, 1974. Location of safoty lighting along control section 1176000 Kenai Spur: See attached sheets. ,t Aft l 44 i. 4 1 t SAf•I:TY LUMINAIRES WIYIIIN TIIL: CITY 01: KFNAI E ' ALONG CONTROL SECTION 11760O KHNA 1 SPUR NUMBER OF I.Uc:A•I' I ON LUMINAIRES Intersect ion to Kenai II i gh School 2 34001 West of. Kenaai•iligh School intersection 2- -Access Road 3800' West of Kenai Iligh intersection 2 Transition from 2 -lane to 4 -lane, traveling west 4 Beaver Loop intersection on 4 -lane 2 FAA Road intersection 2' n bake Street intersection I Willow Street inter:aect ion 2 Bluff Strutt intersect ion 2 .. ;= Main Street intersection 2 Birch Street intersection 2 Spruce Street intersection 2 Forest Urivo intersection 2 Transition Irom 4 -lame to 2 -lune, traveling west 6 Total Safety Luminaires 38 Total luminaires on system 72 S of safety luminaires M r— The CITY Agrees: provide viii.? oy and to pe r fu rm a l l requ i red ins i n t enance i on Illumination syster-is on control section 117(100 t�ithin the corporate limits of the CITY. Proper n►aintenance to he accomplished by the CITY or its representative shall be defined in the Alaska Standard %laintenanc•e Procedures for Traffic control Device., dated .lune 12, 1973, hereby attached and made part of this agreement. Such 111aintenanc.e shall he in all respe(-ts subject to.review by the STATE. 2. To furnish monthly billings I'or energy with a sunnnary of potter usage and cost at each load center for the above mcntivned systems. Monthly statements shall be submitted within 25 days after the end of each month with exception to the month of .lune where statements are necessary within 15 days after the month's end. 3. To retain proper records and documents pertaining; to this Agreement for a period of three (3) years after expiration date of this Agreement to Sive the State access to and the right to examine all hooks, documcks, papers and records pertaining; to this Agreement. The S'1'ATH Agrees: 1. To reimburse the CITY for the cost of energy for Safety Lighting; on State control section 117600 within the Corporate limits of the CITY. As shown in this Agreement the Safety Lighting; consists of 535 of the total Illumination systems stated herein, therefore reimbursement will be 53% `. -of the total energy cost for the Illumination systems stated herein. 2. To promptly reimburse the CITY for all costs.submitted here - The Parties Mutually Agree: 1 • 1. No modifications to the State's existing; equipment will be made by the CITY unless specifically directed in writing; °-� by the District Highway Ungineer, except as necessary to make the system operational. . ! 2. -That at such time as Construction Projects are completed that have additional Signal or Lighting; Systems' said - systems will be added to this agreement by way of u formal letter from the STA'ru to the CITY outlining; in cictail the additional systems. ; 4 I�I�J• - � ,,,,..... _. .. -- - - — – , ..- - err===.-�r�== moi: ... --•-- --�._...• �_...._. - I .. : --� -. - -._ Thi* Parties Mutually Agree: Cult tinued i 3. This Agreement shall continue until terminated at anytime by either Party thirty (50) days after delivery of written notification to the other party; but will be terminated at the end of the fiscal year., June 30, 1974 at which time another Agreement will be made. IN WITNESS WHEREOF-, the parties hereto have executed this as of the date first above written. 's i ATTEST: CITY OF KENAI .f r By: By: i laity CICTR city Manager STATE OF ALASKA l By: i Commissioner of Highways J _i i 1 ' October 8, 1974 MEMORANDUM To: From: ' Subject: The Mayor and The City Council C. R. Baldwin, City Attorney Materials Furnished by Superior Building Supply and Kenai Supply, Inc. for Baseball Park At the Kenai- City Council meeting of September 18, 1974, Mr. Bili Wells appeared regarding an unpaid bill for materials furnished to the ball park. At that time, the Council unanimously ordered the Administration PPIN to pay Kenai Supply for such materials furnished. It is my opinion that there is no legal ground upon which the City can pay the bill to Kenai Supply or to pay the bill owing to Superior Building Supply for materials which it has furnished to the ball park for the following reasons: - Section S-6 of the City Charter provides that "every such contract or 4 purchase exceeding an amount to be established by ordinance shall C) _ require the prior approval of the Council." That section also provides that "before the purchase of, or contract for, any supplies, materials, • ... ample opportunity for competltivb bidding, under such regulations L and with such exceptions as the Council may prescribe, shall be given; but the Council shall not except a particular contract, purchase, or ' sale from the requirement of competitive bidding." The above language • is clear in that the City Manager is not authorized to make any pur- chases in violation of the ordinance, and that the City Council is bound = f by the rules which it sets forth, and cannot make any exception in a particular case. 1 } i r f r Section 7-37 of the Kenai Code sets forth areas wherein competitive bidding is not required - supplies and materials valued less than $500.00 or which can be furnished only by a single dealer or which has a uniform price, or which can be purchased from another unit of government, etc. These exceptions are not applicable in this case, therefore the ordinance requires that purchases, such as the one in this case, be purchased by competitive bidding. This was obviously not done, therefore, the purchases are not authorized, according to both the charter and ordinances. Under the terms of the Charter, the City - _. -- _�_ .. ..r _ -� _ -. � - - r '�" -�•�-•gyp-- '- r - - �-�--`---"�'•' '�-- '" t ml llll lli. I A I. -.II ... I. II � II The Mayor and The City City Council October 8, 1974 Page Two Council does not have the power to except this transaction from the ordinance requiring competitive bids. The general rule is that If a contract is within the corporate power of a mugicipality but the contract Is entered into without observing mandatory legal requirements specifically regulating the mode by which It Is to be exercised, there can be no recovery thereunder. If a statute or charter provides that certain contracts must be let to the lowest bidder, or that they must be made by ordinance, there Is a reason for such a requirement, that Is the idea of protecting the taxpayers, and inhabitants, and these provisions are mandatory. 10 McQuillan., Municipal Corporations, § 29.26. The legal term used to describe this type of obligation of the City Is "ultra vires", i.e. a contract which Is not within the power of a municipal corporation to make under any circumstances or for any purpose. More than a, mere Irregularity in executing a contract Is involved, to pay the bill In this case would be to expressly violate the Kenai Charter and code of ordinances. The effect of an "ultra vires" contract is as follows: (a) no recovery can be had against the municipality thereon; (b) there can be no ratification, except by the State legislature; (c) the municipality cannot be estopped to deny the validity of the contract; (d) there can be no recovery on an implied contract, although It has been executed and the municipality has received the benefit of the contract. 10 Mc0ulliin, § 29.10. Recommendations It would be harsh and unrealistic to tell the suppliers that the City will under no circumstances pay for the materials and to require them to reclaim those materials at their own expense. It Is my suggestion that if the Council still feels as though the improvements which have been made to the ball park are desirable ones, the Council should order the Administration to go to bid on materials as such as those which were furnished. After the bids are received and approved by the Council and a bid award is made, those contractors which have already fur- nished such materials can deal with the successful bidder on such terms and conditions as It sees fit. The contractors should be informed however before the bids are submitted and opened that any collusion on their part would be In violation of the Federal anti-trust laws and that they should act accordingly. Although the procedure outlined above would not seem to make logical sense In this case, it Is the only pro- cedure outlined by the Code and we are bound to follow it. Hopefully future contractors that deal with the City will look upon this unfor- tunate situation and frame their business dealings accordingly. 0 P `----s•--� -- _---- -, ��-�--.-�—_----- � _ ,..,-_ ._ - - ,_ _,,._ _.rte-� 1 .. 1r.._�. _. _. .. ._ ...__ �.__'.._--... .. . _^. ?�.. _._r_I Ll. qr ...I'iae aw.:....�...�_... �..___'..ai,,. .i7.�l.d__1, e .. ,I .. '��'_ _. ...__.I � _• .-- `. - The Mayor and The City Council F i October 8, 1974 Page Three Additionally, the Council should countermand its order of September 1B, 1974 to pay the amount requested by Mr. Wells. j - i cc: City Manager CRB/le �' ' d 'tea _. - � - ., _, a u� kSI..ILl3llIL �u. .. _'_ .. _ i i, � , i . , iii i i i _._----�-•-,-.. - - - - ....- .. . �.. October 8, 1974 To: David T. Chen, Finance Director From: VI Cutsinger, Purchasing Agent Subject: Emergency Parts for Graders Copies of attached bid were mailed out on September 16, 1974 with a scheduled opening date on September 30, 1974 at 2:.00 p.m. Bids were mailed to the following: Esco Corp. 1716 Post Road Anchorage The Carrigan Co. 1301 Arctic Blvd. r Anchorage 6540 Arctic Blvd. Anchorage ' Hatch B Kirk Inc. 5111 Leary Ave., Seattle We never received any bids on this invitation. After calling Esco, NC Machinery, and several other places, I finally was able to obtain enough parts from NC as listed on attached purchase order to make do. We have all our graders down at this time and due to the emergency are unable to wait for parts from some place else. This is the only place we can get these parts at this time. See attached list and price quotation from NC Machinery. Encl . VC/le E i. i � o 1 f i jCCC i� I f L rwRCF?:Cy PARTS FOP CRAPEP. PR7CE OVOTED FROM N.C. FACH INMY 1 Mil eb + vrtl c±xtersicr rar- t @ 709217 20 7foot cutt=.n;► edJOV @ x45.91 each 12. -6 2 3/" standard nu*s & Pol ts @ 1.81 etch 8 -6 foot cutting elgrs.156971 0 $86.30 each 4 - J56967 Cott;nq nAres @ $38.60 epee -h 4 5 1/2 ft. cuttinq &,Zes @ $46.30 each R 5 J 6962 cutting edges $45.99 each $ 229.86 918.20 21.72 370.40' 154.40- .295.20 827.82 $2,707.60 The•abovo parts have been modified to make do , therefore may not he the same as srocified in the original specs sent out for bid. a There is a shortaige of these parts and some cases takes a year or a year and a half to fill order. Y i e 1 3 V I ' 1 i I i i NO. I- - ESCO CORPORATION' 0 1716 POST ROAD ANCHORAGE,• J, ALASKA 99.S it � A, 4 fit CITY OF KENAI RESEWES THE RIGHT TO ACCEPT OR REACT 6105 014 ANY PART 0 OR ALL ITEMS. 2 - THE CARRIGAN COMPANY 421 PRICES QUOTED MUST Of F.O.D. 0 1301 POST ROAD DESTINVION. 0 ANCHORAGE, ALASKA 131 CITY EXEMPT FROM FEDERAL EXCISE No. 3 - N.C. MACHINERY N TAX. 0 6540 ARCTIC BLVD. 0 ANCHORAGE, ALASKA BIDS RECEIVED BY THE PUR- CHASING AGENT AFTER TIME SET FOR OPENING WILL NOT No. 4 - HATCH & KIRK INC. BE CONSIDERED AND WILL BE 0 Sill LEARY AVENUE RETURNED UNOPENED. 0 N.W. HALL SCOTT DIV. SEATTLE, WASHINGTON WIWINViTATION Ilma"DOATMOPINNG nallwhONNUNSIR 0487 INVITATION 710 BID 1;0'. ADDENDUM NO. 16 each 71 Cutting edges for Gallion Grader 14odel 0 118-B S.N. CC609633 16 each 71 Cutting edges'for tat. Grader Model 0 12F SN 73-G249S Mach 71 SIX11*1 Scarffer Cutting edges for godel 0.1211 SN 73-G2495 4 each 119 Cutting edges fax with bolt holes on top edge for graders described -A ahov6.. number 9 extension 20 217 -4 -or cat grader described, above' .1 each b1oldboar n grqup part numb Z9 each 111 Cuttifig edges with bolt holes in center for 1969 4 1971 dump trucks(Do6 4 each 5 1/211t cutting edges wIlkent with bolt holes in to .12 each Bolt 611 X 3/4 Std. Thread nuts 4 Lock washers for grader wings.1, 2 each 91 cutting edges with bolt holes in top edge for 1958 Oshkosh yr Plqw trucl model # WT2206 SN 5644 .4 each tire chains 17.S X 2S for.grader #118-B S.N. CC 609633*(Gallion Grader. CITY OF KENAI • fill MA%AW%0JhPdAtdU Nil 11I.I.IL I I I III. PRICr QUOTATION SEALED BID TABULATIONS s _ BID OPENING DATE: BID ITEM: MATERIAL & IWOR TO INSTALL NEATER AT UNGERGROUND NELLIIOUSE PEOPLE PRESENT: ROLAND D. LWI.N DAVID CIIFN VI CUTSINGT;R SHAP.ON I,OOSLI i BIDDERS NAME BID RECOMMENDATION �) I 1. STRUMPLER PLUMBING 730.00 1 ! • STATE MMCHANICAL COMPANY 904.66 a 3. 4. ( S. :4 .a • EXPLANATION: Due to the emergency of having the heater replaced in the ° I underground wellhouse before sub -zero temperatures- I placed telephone calls to the above firms -.asked them to go to the welihouse and estimate the cost of 3spafxx8 instillation of the new unit, venting it properly and hook-up. BUDGETSTATUS : c.. res r .t CITY OF KENAI WORK PROJECTS (As of 10/9/74) PUBLIC WORKS �4 1. Repair cracks at airport 2. Boat ramp access road 3. Timing of sewage lift stations 4. Warm storage S. Waukeshaw engines at Treatment Plant 6.' Boat Harbor development 7. Water -sewer hookups and sewer repair in Davidson -Cone Subdivision 8. Fort Kenay restoration 9. Paint line designating ramp area, gas pit, and helicopter landing area 0. Fire reservoir pump house and equipment repair 11. Remove boat harbor floats 12. Airport control lighting I 13. Paint water markers, barricades, etc. 14. Repair hocks rink P Y PUBLIC SAFETY i 1. Tanker trucks 2. Emergency Medical Training 3. Paint fire hydrants 4. Flags on fire hydrants to ! warn equipment operators F j i - t .I �E 1. STATUS Two days work required to complete Underway - loader broken Underway Exploring alternatives Trouble determined - dealer contacted for repair Council guidance required Contract awarded Searching for funds Not started Underway Removal on October 1S, 1974 Contract amendment in Council packets Posts ordered Scheduled for late October Searching through Civil Defense Setting up program Underway Fire Chief scheduling W1 "��RI III I Illlll.11l - 2 - i,ln - 13. Ordinance pertaining to parks usage 14. Review and revise Personnel r- Regulations 15. Finance Administration Ordinance _ 16. Close out remaining grant projects -- - 17. Funding for Civic Center 18. Review leases and rate schedule =i f � STATUS Finalists being considered Appraisal ordered Being drafted Underway; waiting for Borough response Waiting for Bond Election Under review Salary schedules being reviewed Underway No action Procedure in effect Draft form Fire Department to burn as training - City Attorney checking others No action Underway Underway Complete except for Municipal Ball Park Sources of funding being researched Revised lease rate to be presented on 10/23/74 ADMINISTRATIVE 1. 1. Recruit for Public Works Director/Engineer 2. Use plan for FAA housing area 3. Annual Report 4. Zoning Ordinance; non- conforming uses S. Library construction 6. Wildwood contracts 7. Review salary schedules $ fringe benefits S. Public Safety Program 9. Street naming and house numbering , 10. Citizen's Complaint Forms -- x11. Ordinance for Boat storage and berthing 12. Condemnation,of old buildings i,ln - 13. Ordinance pertaining to parks usage 14. Review and revise Personnel r- Regulations 15. Finance Administration Ordinance _ 16. Close out remaining grant projects -- - 17. Funding for Civic Center 18. Review leases and rate schedule =i f � STATUS Finalists being considered Appraisal ordered Being drafted Underway; waiting for Borough response Waiting for Bond Election Under review Salary schedules being reviewed Underway No action Procedure in effect Draft form Fire Department to burn as training - City Attorney checking others No action Underway Underway Complete except for Municipal Ball Park Sources of funding being researched Revised lease rate to be presented on 10/23/74 CITY OF KENAI - WORK PROJECTS COMPLETED PUBLIC WORKS 1. Fill water reservoir { 2. Sign for Terminal Building at Municipal Airport 3. Transient aircraft tie -down 4. Winterize City equipment S. Sludge removal project I • PUBLIC SAFETY a 1. Fire School • 2. Fire inspection of City property y 3. Recruit for Fire Chief j 4. Security lighting at Public Safety Building CITY OF KENAI WORK PROJECTS DEFERRED UNTIL 1975 - PUBLIC WORKS 1. Beaver Creek Park 2. Birch Drive Park 3. Paving for Terminal Loop and Main Street Loop 4. Boat ramp at Cunningham Park S. Expansion of float plane basin 6. Install street signs, paint utility markers Public Safety Building i r r :1 r y t 0October _ 9, 1974 r` i 1 r =1 i f �1 Ready for seeding Ready for seeding Under evaluation by FAA - Spring construction Spring construction Spring construction Erect in Spring; paint, repair, etc. in winter Ready for seeding 4 landscaping - spring L August 1. 1974 + To: City Manager From: David T. Chen, Finance Director Subject: Annual Financial Report ' 1. FINANCIAL DATA SUMMARY (SIMPLIFIED): The bracketed figures represent deficits. r (A) Overatinq Funds Airport Airport Special Debt Fund Name Ccs neral Water/Sewer Terminal Airport M/0 Land � Assess Service 1973 Fund Balance x(5391313) (497,705) (64,410) 75,006 138,361 994,495 i 99,013' 1974 Fund Balance 38,629 ( 21.862) ( 38,906) 24 �, yf// 1,821,192 313.783 (B) Capital Project Funds, �� ' —� Public Civic Small Beat' i ' U Project Name Safety Blda. Center Parks Harbor ' Streets AA%t Water/Sewer 1973 Unexpended Balance (394.362) 643;538 42,766 22,486 282,855 158,381 737,499 1974 unexpended Balance 606.441 59,483 ' $77 311.771 580,117 490,036 .1 i I = 1 (C) Cash On Hand NBA Investment Common Stock Kenai Total Cash Checkinq Acct. TCD's Development Corp. Treasury Bonds Pettv Cash •6-30-1973 $1,083,078 73,176 975,000 20,000 14,352 550. 6-30-1974 979,680 53,905 905,000 20,000 - 775 Note: Total Cash received $9,252,541.20; Total Cash Disbursed $9,317,776. • (D) Lona Term Debts _ Total Debts G.O.Bonds Revenue Bonds Notes 6-30-73 $9,987,425 9,341,137 597,439 48,849 6-30-74 9,141,431 8,553,637 572,626 15,168 " a j Total Reduced o f 845,994 i (E) Fixed Assets - 1973 $10,446,173; 1974 $12,985,817 (increase $2439,644). -2- i .I It. OUTLINED STATEMENT The statement here is not intended to deal with,the very detail of the City's financial conditbns, but rather Is to serve as a general and simplified report as to the City's current financial status and the changes that have taken place within the last fiscal year. Two detailed reports, Operating Budget Report and Capital Project Budget Report, are attached for the Mayor/Council Information, s ; as well as the public. All the records and figures are being audited by the Independent CPA firm, Arthur Young E Co. i (A) Total deficit one year ago (June 30, 1973)' was ¢1.495,390; There Is a reduction of deficit $1,434.622 (June 30. 1974). -i (0) After all the due construction bills and all current debt and operational expenses were paid, ,and most Incomplete projects ; € were finalized, the City still maintains approximately the same cash position as one year ago. For the first half of last fiscal year, the City's Cash on Hand was as low as half of what we have today. J (C) Several years ago, the City "purchased" 20,000 shares of Kenai Development Corp. common stock (par value $20,000). It• i appears that such transaction might not be legal. it is recommended that both legal arta financial clarifications be � t Initiated. I (0) Total long-term debts had a reduction of $845,994; $228,000 was saved by the City's bond refunding pr"ram. (E) Total fixed assets, due to the finalization of various capital projects, showed an Increase of $2,539,644. All the costs of the Increase were paid. • i ' Ill. COMMENTS r The City's financial position has regained a. positive• trend after a three-year deficit status. A total deficit of 1.5 million dollars has been almost wiped out. The following may be the tactors making the "return" possible. i .. 3 «. t r - 1- i - - t 1 ' i r I t f - - - - .. � - -�.-� - -- •• - -•►. - •. - • - - - ,� ter- -'�"�� • 1w..TV►�Y�IWIf•.{IMIiU�I••Mr•�/•�•�•• r (A) Tight managemenl which reduced the waste of both manpower and budget. (B) Team work and coolveration from most employees. (Q Tight budget control with centralized purchasing. (0) increased revenues by centralized collection and reformed accounts receivable system. (E) Financial planning -and cash management. (F) The financial operation having received the full support from both the Mayor/CouncU and the City Manager, as well as all the Finance Department personnel. (Being short-handed, the Finance Department employees devoted extra time And efforts without additional compensation.) For the forthcoming year, the now budgetary approach has been introduced, now accounting system has been Implemented. the purchasing and receivable are to be further systemized. It is believed that with an organized operation. _ the City should be able to meet the previous commitments to the tax payers .sooner than expected. Some foundations for batter operation have been laid out. Improvements would become tangible In the forthcoming year. (1/. • WORK TO BE DONE (A) Collection and foreclosure of delinquent special assessments. (B) Finalization of now special assessments. (C) Enforcing airport revenue collection. (0) Refining budgetary practice and control. (E) Refining accounting procedures and process. (F) Improving employees' benefits. • (G) Improving working capital (cash). V. RECOMMENDATION ! (A) To inform the pubilc about the improvements of City's operation. (B) To continue budgetary control. ' (C) To lnitiato capital improvements within flnanciai capability. ' (0) To refino the City's operation. (E) To Improve personnel system. _ Res ctfully submitted, - AVID T. CHEN • q - Finance Director • 4 FisHER & HORNAaAY ATTORNEYS AT LAW JAN 66 C. fIVICD KCNAI PAWCUSIONAL PUMPING - P O DOK 397 JAN1[S C. NONNADAY KeNA4 ALASKA 99611 TCLCPHONP 203.7504 3 October 1974 The honorable Mayor James Elson and Merbsrs of the Kenai City Council Box 580 Kenai, Altars>ka MONCQ Office MADCMOISLLLC. INC. 01,011.01010 SCLDOVIA OffIC¢ JACK A CNOLISN OVILOING Gentlemen: Although you may have seen the document already, I am enclosing a copy of the BiCentennial Application submitted by the City of Kenai. At the Mayor's Advisory Committee on History and Tradition, which is also the official Bicentennial Committee for the City of Kenai, on l October 1974, it was unanimously approved to have Mrs. Mary willets, Chairman of theCommittee, sign the enclosed letter, to be mailed to Representative Malone, Representative Tillion, Senator -Palmer, Governor Egan, Senator Ted Stevens, Senator Gravel, and Congressman Young. (In the event the November elections would make a change in incumbents, the letter and Bicentennial application should also be mailed to those who replace the incumbents,if any.) Xenai gully exemplifies the Native, Russian and American Experiences. The assistance and cooperation of the City working for worthwhile 1 projects in these areas is appreciated. I would advise that eternal viligence appears to be the price of needed projects and that we would hope that the City might consider adopting•a legislative program including the Si -Centennial projects. Perhaps the first priority �i would be the Civic Center. T nk. you. u... Ver ly yours, JAMES CRNADAY A i no a; _ Dear 0 Enclosed you will find a copy of the City of Kenai B application. We would very much appreciate your sup - application. Kenai encompasses the Native, Russian and American E we look forward to working with you. sincerely, MARX WILLETS, Chairman _�- Kenai Mayor's Advisotyr Committee on History and Tradition U _ Is 1 O• I S ' •I 1 t d w n ! t is 1 i . r KENAI PENINSULA BOROUGH Box 850 Phone 262-4441 SOLDOTNA. ALASKA 99669 September 17, 1974 MEMORANDUM GTAN TNOMPOON MAYOR TO: Mayors of Kenai, Seward, Homer, Soldotna, Seldovia, and Kachemak City FROM: Stanley F. Thompson, Mayor, Kenai Peninsula Borough r SUBJECT: Zoning Your attention is directed to the attached memorandum dated May 28, 1974, (included in assembly packet for June 9, 1974) from Borough Attorney Ben Delahay which indicates that at present the cities of Kenai and Seward have no enforceable zoning ordinance. Any action which is taken by the assembly, however, may affect all cities of the borough. As I see it, there are four possible alternative actions the Borough Assembly can take: 1. Take no action (which the administration will Interpret as intent of assembly not to attempt to enforce any zoning in Kenai and Seward). 2. Repeal any zoning which may now be in effect. S. By Borough Ordinance, adopt the existing ordinances of the cities of Kenai and Seward. 4. Any of the above choices could be combined frith a request to the administration to provide basic overall guidelines and staff assistance to those areas or cities wishing to write, or rewrite, new ordinances for review and public hearing by the Kenai Peninsula Borough Planning Commission and Assembly. Any of these choices by the assembly will have serious effects. I'm not going to detail these effects because I'm sure each of you can visualize as many economic and political problems with each of these alternatives as I can. a Demo - Zoning September 17, 1979 Page 2 ; . I personally favor !Dumber 2; however, should the assembly choose Numbers 3 or 9, I would take a very firm stand on two provisions being included in any Zoning Ordinance: 1. That as much of the enforcement and administration as can be allowed by law be handled by the cities. 2. That no Zoning Ordinance be effective until it had been approved by the voters governed by that ordi- nance. Please review and discuss the aspects of these two memoranda with your constituents, council, assemblymen, and Planning Commission. I would also suggest that a collective informal meeting might be in order to discuss the aspects involved between the various cities and the borough. Naturally, Mr. Delahay, Mr. Best, and myself are available to help arrange such a meeting and/or discuss this with you at any time; .however, the initiative for further action lies with you. cc: Each Kenai Peninsula Borough Planning Commissioner -� Each Kenai Peninsula Borough Assemblyman • Ben Delahay 0. S. Best i M t M' KENAI PENINSULA BOROUGH Box 850 Phone 2624441 SOLDOTNA. ALASKA 99669 MEMORANDUM To: Honorable Mayor, Members of Assembly and Members of the Planning Commission of the Kenai Peninsula Borough From: Ben T. Delahay, Borough Attorney Re: Passage of Adequate Legislation on Zoning to Enact an Enforceable Zoning Ordinance, to Provide Clarification, and to Avoid Codusion and Multiplicity of Ordinance Provisions in the New Codification of Ordinances. Date: May 29, 1974 STAN THOMPSON MAYOR Because of the progress in preparation of recodification of the ordinances of the Kenai Peninsula Borough under compact with Book Publishing Company, I believe that it is necessary at this time to bring to your attention the rather deplorable state of our zoning ordinances. First, I would point out that our contract for recodifludon and for 100 copies of the code has an estimated contract price of $3.620.00 based on 200 pages in the code, but that the charge for more thin 200 pages would beat $10.00 per page. i would also point out that the Homer zoning ordinance (adopted by the borough as Ordinance No. 33) con- sists of 35 pages. the Soldotna ordinance (adopted by the borough as Ordinance No. 34 and purporting to adopt by reference the Homer ordi- nance with necessary modifications to refer to Soldotio) consists of 2 pages, and the Seward ordinance of 1962 and the Kend ordinance of 1964 (purportedly adopted by reference in Section 20.10.ISof Ordinance No. 15) consist of 45 pages and 75 pages respectively. If all of these ordinances are properly adopted and placed in the nex code they would total a minimum of 157 pages (and if the Soldotna ordiume were spelled out it would raise the total to 190 pages) which at a cad of $10.00 per page would total $1,570.00.(or $1.900.00) in additiontb atl of the pages required for general ordinances of the borough. There are more important questions, I... , � . , than this increased and unnecessary expense which is a relatively mtnorsamount with respect to the borough budget. Primarily, examinatim of the statutes with respect to adoption of ordinances leads me to theopinion, that the E S ± Hon. Mayor, Members of Assembly i and Pli r, i i I ann ng omm ss on Flay 28, 1974 ' Page 2- . ' Kenai and Seward zoning ordinances have never been properly adopted by the borough and that therefore no zoning ordinance exists in those areas which would be enforceable. Thus, if the recent gravel pit fiasco had actually been brought into court for enforcement, i doubt if there would have been found any ordinance to be enforced. While the Soldotna zoning was enacted as Ordinance No. 34 by the borough, the method of adoption by reference is such that 1 am somewhat dubious as to the result if an attack is made upon it. I am informed that the City of Kenai, since: the adoption of the Borough Ordinance No. 15 on April 19, 1988, has revised their zoning code without getting the revision enacted by the borough assembly. Evidently the city is acting without any consideration of the restriction originally placed in AS 07.15.310 and now -contained in AS 29.33.010(b) that no city may exercise an areawide # power once that power is being exercised by a borough. While there f was a provision I„ old Title 07.20.120 (in effect at the time of adoption of Ordinance No. 15 by the borough) which provided that the assembly might "adopt any standard published code of technical regulations in a single ordinance...", it to my interpretation that by "technical regulations" the statutes had in mind such codes as plumbing codes, electrical codes, building codes, etc. , --such technical regulations should not be confused with legislative provisions such as zoning ordinances. Like provisions are now contained in AS 29,48.170 where an assembly may in a single ordinance "adopt or amend by reference provisions of a standard published code of regulations." Whether or not the zoning laws of Kenai and Seward could be included as "technical regulations" and would meet the criteria of being "standard published codes", I doubt that the proper procedures were used for adoption from a reading of Ordinance No. 15 of the borough. Just as Important is the confusion that would exist in the case of i a property owner having property in two, three or four cities, in which he would have to meet various criteria as to the zoning areas, set backs, side yards, building heights, and other provisions of the zoning code. For example i am attaching hereto that portion of the Kenai, Seward, and Homer and Soldotna codes relative to residential construction. A careful comparison of these codes will reveal that although they are very similiar there are differences between the three codes as to whether one family, two family and multiple family dwellings are included in ! the same area, what can be included in a residential area besides , residences, the distance of set backs and side yards, and other such matters. A careful examination, however, will show that although there l are a multitude of such differences, they are of relatively minor significance --for instance one ordinance has a minimum lot area of ' 7200 square feet with minimum width of 60 feet, another has a minimum + I I • 7 V_ I f ' lion. Mayor. Members of Assembly . and Planning Commission ' May 28, 1874 " �.. Page 3 - area of 6,000 square feet with a minimum width of 60 feet and a third has a minimum area of 6,750 square feet with a minimum width of 50 feet. Are these differences so significant and important that they cannot be - compromised and one minimum area and width of lot for a single family residence be set that would be applicable throughout all areas in the borough where it to desired to impose zoning restrictions rather than leaving them open in the rural district? I would observe that there is also here a constitutional question as to equality of treatment where one governing body, the Kenai Peninsula Borough, enacts zoning laws in which a resident in one area has to meet different criteria than a resident of another area under similar conditions. In addition, the confusion of operating in various such areas and the length of the code that would be required would indicate that since the borough is now ten years old, it is time that it required some reasonable cooperation between its various cities if they desired to have some sort of home rule in this area rather than having the borough impose a standard upon them all. • I would recommend that the borough assembly encourage the � members of the borough planning commission from the cities desiring zoning to work together with the remaining members and the Borough Planning Director to come to grips with the various problems and to work out a general ' code that would be applicable throughout the borough. If any of the members M to cooperate, I would assume that the fewer members In the group, the ' more efficiently the group could operate. I am well aware that the desire of the borough, and of the various cities within the borough, to to avoid -the "great white father" `- image of the borough enforcing its dictates upon the communities, how- ever, enactment of general provisions which would be controlling through- out the borough would not prevent the assembly giving a great deal - of weight to the wishes of local authorities as to whether a particular block or area should be zoned as Residential 2 or Business 1 or what- -ever the local body desired. While you cannot constitutionally delegate your legislative powers, there is no reason that you cannot give a great • deal of weight to local desires as expressed by local governing bodies - so long as no protests are raised which would show injustice, or inequality of application of the laws, so as to raise constitutional questions. If any such action is to be accomplished in time to get a reasonable general zoning ordinance included in the new codification of ordinances, then action must be accelerated at once as a great deal of work is necessitated in working out the details of such an ordinance, t Hon. Mayor, Members of Assembly and Planning Commission May 28, 1974 Page 4 - and then the ordinance itself would have to be passed before the closing date of September 1. 1974, which has been set for the new codification. I realize that where we have highly independent areas and many who do not wish any zoning at all that this is a hard nut to crack, but the kernel -of the matter is that if we are to have a zoning ordinance at all, it must be constitutional, it must be properly legislated, and it must be enforceable --otherwise it cannot be enforced and is entirely worthless. It then becomes a drag and a hindrance to those who are law abiding and attempt to comply while it presentOno hindrance at all to those who will not comply with any law unless it can be enforced. I invite your earnest attention to this matter in spite of the fact that it may be a disagreeable subject to you. Respectfully submitted, 4� -:91�04 • Ben T. Delahay Borough Attorney Attachment 1 � ' w f r` �r • rEN17 ORDINANCE. HO: 36 - 293 - Section 4 _ i RESIDEi1TIAL (R) ZONES A. Uses Permitted. a 1. One -family, two-family, and multiple -family dwellings. 2. Boarding houses. 3.. Truck gardening, the raising of bush and tree crops, Slower gardening, and the use of green houses. 40 Home occupations. 5. Accessory buildings and uses not used or operated for gain. • 6. 'Churches, provided that no part of any building be ' located nearer than 30 feet to any adjoining lot or :. street line. '%. • Required off-street parking. B. Ruildinm Height Limit. ' 1. No limit except where limited by City Airfield Regulations. -. 0. Zot Area. 1. The minimum lot area shall be 7200 square feet and ! the minimum lot width shall be 60 feet. 2. The minimum lot area for dwellings shall be: . . a. Fox a one -family dwelling - 7200.square feet _. per dwelling unit. -- _ b. For a two-family dwelling - 3600 square feet =-- -- per dwelling unit. on f a f a } ORD1ItAITCE y0. 56 �. w tM.yswN� c. For a multiple-faiaily dwelling with three or four dwelling units - 2400 square feet per dwelling unit. d. For a multiple -family duelling with five, six, or seven dwelling units - 2000 square feet per dwell- ing unit.- e. nit.-e. For a multiple --family dwelling with eight or more dw4lling units - 1600 square feet per dwelling unit. D. Front Yard. .1. There shall be a front yard of not less than 25 feet, but in no case shall a building be constructed within 150 feet of the centerline of a State highway on the Federal Aid System or 58 feet from the centerline of a City street. . S. nide Yard. .1. There shall be a side yard of not less than 10 per cent of tue width of the lot but such side yard need not exceed 25 feat. The minimum side yard on the street side of a corner lot shall be an equal set back distance as required on a side street. 2. The following additional requirements shall apply to two-faaily and multiple --family .dwellings: a• 'in case the building is so located on the lot that the rear thereof abuts one side yard and from abuts the other, the side yard along the rear of the building shall have a minimum width of 12 feet and the side yard along the front of the building shall have a minimum width of 1S feet. b. For multiple -family dwellings the minimum side' yards required shall be increased one foot for each dwelling unit over four. F. Roar Yard. f 1. There shall be a roar yard of not less than 25 per cent of the depth of the lot but such yard need not - exceed 25 feet. a ._ _. • --" - L ..� � 1 / CI i�x I C PI40 E A � L 7V^ T 4n1!•:ac otht-s-vis prca%•is:•d for in this chapter, they following regula- tions; shall rrq'.:Cti.'0Y apply to cads of the t.aid three use district.:;: (b) K-Distri.t+, Kvi;i c-atial: ' (1) Us tas p: rrtitted: A. One-fartily and two-family dwell inns. B, Multiple fa -Aly d::ellir.Zz. C. Schools, both public and private. - D. Dublic parks and playgrounds, including public buildings accessory thereto, and other municipal recreational uses. H. Horde occupation. F. The raising of vegetables, berry and fruit crops, but - not including any sales roosts or buildings used primarily for the sale thereof. 0. Public librarios; both public and private museums or ' . .. art.galleries. n ' H. Churches 1, Medical clinics and professional, offices. • J. The following buildings or uses, if no portion of the struc- ture containing such use shall be less than 15 feet from BI any adjacent residential lot: -• i.' Public or private nurseries, kindergartens, chil- �.. dron's boardins; homes, orphanages. j ti. Public parking areas, provided a sigittly fence or :+ hedge it: provided and mvintained within the side building line. -• Ili. Other public buildings or properties of a charter _ iso• not cuotoutarily conducted as a gainful business. do a inclu.!e any u,t co:noonly cona..ted for gain. 'ilu• follr.:i�:;. build1n;s or u:acs, if located 100 or •VOre fec-t iron any ad joini.n- pri7mises in any R. Use District: I- Private clubs operated for the benefit of the timbers. ii. Hospitals; sanitariums; nursing, rest or convalescent . i homes; not primarily for contagious diseases nor for the care of drug addicts or alcoholics, nor for the care of the insane or feeble-minded. -. iii. Police stations; fire stations. . M. Height regulations: . Lo' Two and one-half stories, but not to exceed 35 feet in height for one or two family dwellings. Ii. Not to exceed 80 feet.in height for multiple - family dwellings. N. Required lot area: L. One and taro -family dwellings - each succi dwalling shall be located on a lot not less than 6,750 ` square feet in area and not lass than 50 fact width. ii. Multiple -fatally dwellingo - each such building shall • be located on a lot providing the following minimum Area par duelling unit, according to number of = stories in building. t I` i . at i • s. tt:s l�rr rf surf. n Lat Arra nor h'�llits• 1 l"000 s'q. i-Cet 2 600 sq. (cot 3-6 700 sq. feet But no lot shall lie less than 60750 square feet in area and not less than 50 feet in width. iii. Other par:-itted uses and building - each such-buildin; shall be located on a lot not less than 6,750 square feat in area and not less than 50 feet in width, a 0. ruildins t.rea Regulations t. One and tuo-family dwellings: all buildings including accessory buildings shall not cover =ore than 507. (fifty per cent) of the lot Lt. Multiple -family dwellings: all buildings, including accessory buildings, shall not cover more than 657, (sixty-five per cent) of the lot. , P,♦ Yard Regulations: Minimum 1, One and two family dwellings Front yard depth: 20 fact Side yard width: 5 febt on each side of a building provided t:hcre a silo yard fronts oa a side street; 1 the width of that yard shall not be less than 10 feet, and provided further, thit no part of any Church ar Sabool shall be 40-11.i 20' f f w t1 csVt o any adjoining rte ss idc nt ial lot. Rear 1"ard• Depth; 10 foot, I Lt. Multiple-fantly dweili aa: Front yard depth: 10 feet I Side yard width: each shall be one-fourth the height of Lite bui1d1nZ, but not tons than 5 tact - 0 A > h each, but in etcnt Ottro a aide yard fronts on a side street sit. -ill the width of that yard be less titan 10 feet, ond no part of any church or School shall be within 20 fact of Any adjoining lot. Rear yard depth: one-third of the bol -,,ht of the building but not leas titan 10 feet. (c) C-Diestrietz, Ca;.=arcial: (1) Uses Permitted: A. All uses pot«t£tted in P. Districts, B. Stores, shops and offices for the conducting of any retail, wholesale, professional., eonwrcial or govern- mental business. CO Theaters, bowling alleys, pool parlors, restaurants, cocktail bars, dancing establishments and other places of amusement, recreation or asse>~bly. D. hotels, private clubs, fire and police stations. R. Trailer courts and motels. F. Private educational £nstiteto£ons. . Q, Service stations, public x4rages, sales rooms and shops for repair of motor vehicles and boats and other engines and appurtenances, provided# that repair of automobiles and boats can' be conducted wholly within the building. . lie Newspaper and printing establishments. 1. Cleaning and laundry es+tabliahsents using non -explosive and non-inflat-m thio eleaning fluids, 1 I F 1 t, _i i �f each, but in etcnt Ottro a aide yard fronts on a side street sit. -ill the width of that yard be less titan 10 feet, ond no part of any church or School shall be within 20 fact of Any adjoining lot. Rear yard depth: one-third of the bol -,,ht of the building but not leas titan 10 feet. (c) C-Diestrietz, Ca;.=arcial: (1) Uses Permitted: A. All uses pot«t£tted in P. Districts, B. Stores, shops and offices for the conducting of any retail, wholesale, professional., eonwrcial or govern- mental business. CO Theaters, bowling alleys, pool parlors, restaurants, cocktail bars, dancing establishments and other places of amusement, recreation or asse>~bly. D. hotels, private clubs, fire and police stations. R. Trailer courts and motels. F. Private educational £nstiteto£ons. . Q, Service stations, public x4rages, sales rooms and shops for repair of motor vehicles and boats and other engines and appurtenances, provided# that repair of automobiles and boats can' be conducted wholly within the building. . lie Newspaper and printing establishments. 1. Cleaning and laundry es+tabliahsents using non -explosive and non-inflat-m thio eleaning fluids, 1 I F� - -- - --- - !" ---- --, - --- I GTJDTI W I.a. 314 07 '10 CIV 07 ZZ111M r4l A. This, as,-!uuncoahall ba lmmm Lmd my do efted va the '7.OD103 OvdlnczPo Of Cho city of Ovmr4"o 11112 "n"'w'C'm jr-1 vo? %a City of Scucrd to Lard0j, 41V11404 is" Cho 1021 my 930 41'arlatus Ml Ow Family llosida= District T" Vadly Raoldened District VmUA-9arA%y-Hco!A=tlal Dlztr&lct j?(dghbvlAv;4 Ccz—mwe-al District Wilted Crd lal District conewas Ci=rd4l D%ztrlct Smustrifil vlawle: n-blu use Nowle: • 31*, zip um jistriao eta to=acd ad defined as shorn on a P* eatitud, ftoovS IL7 of the City of 8cvar4llp a cortifla cW of Ifteb to on f-'16 is SM office of tbo Clt'y Clark and stalclIp idtb all anploatGOV cv.tGT thamo to havaby c"a a p&ft of thio, oWbwm. (M OWN b. It $MIS bD*MUVM for OW VOTOM to OTOCtS C=Ot%VCtp OStAltah, Bit", • em to of galws*$ of to cow or po=dt to to Gra"a matructedo -f,aWbllahcd# altered or =Urged= or to stop ocom or paradt to to 004 Ompwo aw Undo bulld,63 or prad"a to 9w punme or in coy .: • • ; ! •nottear aontsary to dw proy"low of thio ardbuinto an to us" permitted 4 or oxlukd# tull4ft balobt Wilt ar lot Groat Op= opmo around of somm k4ldftao or bull4tao cotbadw requIrad In 00 particular uoG • madet in vueb ouch Ima; bUlUlv3 or precdoca to located. •mam 4, ju. 5 Ona -foully 4WO111133114 Z. Igo& 86140193, the wasoll; of boob "a trao ozopop- flom Sard"Ifts and Cho Vzo of grommoci wbon incidental to Cho Tooldatiol Oco Of proporty and not for commorcial purposoof I F�' Required of street parking (Sag SECTIOd 14-) its Ace6cory-buildings and uses as cot forth In SECTION 4A. Be Oulldina PaIntit Livit Is The mlown building height shall be fm stories but shall not exceed JO foot. % IC -41 .26 mul I I 111 Accessory but Idingf, and uses not mod of operated for gain and not • Including quest houses or accessory living qu&rtoro. The parking Of heavy equipment Duch of; buses, tractors, graders or trucks shall • net be considered as an accessory u3o. Churches, provided that no part of any ouch building be located nuarer than OD feet to any adjoining lot or street tire. ' 6. Required off-streat parking (Sao SECTIAN14.) B. *11U1141" VMCht Limit of The Waximum building height shall be one and one-half stoflosbut omit not exceed 25 foot. Lot Area • I., Iftj ainhum lot area for, each ono -family dral I Ing shall be 6000 square foot and the m1nimun lot width "I be 60 foot. Do front Yard I* There shall be a front yard of not loop than 2 foot* Es • -,Side Yard I@ Ithero shall be a side yard of, not. loco than IQ$ of the width of the lot but such aide yard nood not oxc*W 90 foot. The o1nimum -side yard on the @trial aide of a corner lot shol I be 10 foot. Fe Roar Yard Is There shall be a rear yard of not less thei 901# of the depth of the. lot but such roar yard need not exc6od'90 feet. SECTION so (11-2) OMMA'DENSITY RESIDENCE DISTRICT REGULATIONS As Uses PormIttod I& Any use permitted In the R -I district. 700-family dwellings. Required of street parking (Sag SECTIOd 14-) its Ace6cory-buildings and uses as cot forth In SECTION 4A. Be Oulldina PaIntit Livit Is The mlown building height shall be fm stories but shall not exceed JO foot. % IC -41 .26 C. . lot Area 1. The minioto lot-area shall be COW square, feet and the miniFun lot • width shall be 60 feat. 0. front Yard 1. Thorn AaII be o front yard,of not less than 2$ feet. E. Side Yard • t. There shotl be a side yard of not toss than IU% of the width of the • lot but such side yard read not 'exceed 20 feet. The minimus side • yard on the street lido of a corner lot shell be 10 feet. 9. Tho following additional requircaants shall apply to two-family ` i dialling*$ E M a. in case the building Is so located on the lot that the rear i thereof abuts *Do side yard .and front abuts the other, the side R yard along* the rein of the building shalt have a minimum width i of 10 foot and the-side yard along the front of the buiidirg ' • shaft have a mialmum width of 15 foot. , F* Rear Yard r , 10 ihora ohs ## be a rear yard of not less then W1# of the depth of the lot but such yard Aced rat exceed 20 feet. I SECTIav 6. (R:;) HIGH 0ENS17y RESIDEgCE DISTRICT REGULATIONS ` A. '.tlsoa Permitted !.. Any use permitted IW tho t-2 district. ,j •'L0 lwultipfe-family dwellings. .. tj. Boarding house. • •11. Required off-otroot parking (Sao SECTION 11+.) Aecosaory buildings and uses. �• 6utidirp Height Limit I* Tho saximun building height shalt be two and ona-half.storlas but i shall not exceed 35 feet. C. Loot ,Atep I . The minlak% lot area chef# be 6000 squaro feat end the minimus tot o width shall be 60 foot. • Q. •Teo minimum tot area for dagilings shaff be: for a aro -family dwelling • 6000 square feet par dwofflno unit. , 1 f 4 E i 1 1• , ■ lI ...L ..-�I�lll-II UII IIIIL SII �� rll llll Ills I, b. For a two-family dwulfing • 3000 square feet per dwallin.3 unit, e. For a nultiple-family dwelling with three or four daoiling l units - 2000 byuaro feat per dwoliing•unit. • d. For a nultiplo-fooiiy dwelling with five, six or Bove" dualling • , ..._. i— .CAA _—..�_._ t._._a ��.. 1w�. i f a� ..ail _ 0. Front Yard 1. There shall be a'front yard of not less. -than 28 feat. • •C. Side Yerd • 1. • There shall be a side yard of not loco than 10% of the width of the ' lot but such side.yard need not exceed 15 foot. The minimum side yard an the street old* of a corner lot shall be 10 foot, ' 2, The fottamlaq additional requirements shall apply to two-family . and multiple -featly drreflingat in ease the building is so located on,the•lot that the roar • thereof abuto one side yard and frau) abuts the other, the I side yard along the roar of the building shall have a mininto width of 10 feat'and the aide yard along the front of the I - building shalt have a minimum width of 15 foot. ' b,' -For multiple -family dweiiinge the minimum side yards required F ,+ shall be increased one foot for each dwelling unit over four. F. Roar Yard M /,' Thera chef be a roar yard cif not lass than 20►f. of the depth of the • lot but such yard need not exceed 20 foot. ,&,, OY 7. (C -N) NEIGH80RKWO, ODIAIENCIAl. DISTRICT REGULATIONS , A. U"s Parmatted t t. Any use permitted in the R-3 district. j 2« Bokory chop, candy or ice cream *tore or delicatessen., . �. Bonk. •• • • l/. Oarbor or• beauty shop, flusino*s and bits paying service, stock broker, detective agency, real a*tate•and insurance office, e*ctow and fond title buainoes• b. Cafe or rest4urant. Clothing, dreac, millinury, or uhoo store. f - I e j n - i• l r r r . In