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HomeMy WebLinkAbout1976-01-21 Council Minutes/* — ,,. _- - �r"_- AOP. NOA REGULAR 1NPP,TINR , IePNAI CITY C01INCtt, JANUARY 21, 1070 - 8100 P,M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL PAGE AGENDA APPROVAL B. PUBLIC HEARINGS I 1. Transfer of Beverage Dispensary License for the Pro -Flight Lounge S. Permission to remodel promises for the Kntmni Motel I 3. 4. C. PERSONS PRP,sENT SCHEDULED TO BE HEARD 1. Mr. Bob Paterkin - Peninsula nilors 2 D. MINUTES 2 1. Minutes of the Regular Meeting of January 7, 1970 E. CORRESPONDENCE j i. 1 F. OLD BUSINESS 3 1. Council selection of new Council ►lember 2. Fire Department Mutual Aid Agreement - Kenai/North Kenai/Seklotna 2 0 2, Resolution No. 75-54 - Regulation of Extraction of Natural Resources 4 07) 4, 5. G. NEW BUSINESS 6 1. Bills to be paid - bills to be ratified 6 21 Ordinance 297-70 - Amending Airport Land Fund f. Resolution No. 70-2 - Amending Resolution go, 75-60, Ft. Kensy Rental Rstes 7 4. Resolution No. 76-3 - Transfer of Funds, Purchase of Signs for Stow Removal Ordinance Signs 7 5. Resolution No. 70-4 - Interdepartmental Transfer within General Fund I 6. Resolution No. 76-5 - Piling Pees for Plannine and Zoning Changes 7. Games of Chance i Skill - Kenai Chamber of Commerce 9 9. Oames of Mena* i Akill - Holy Assumption Church 9 9. Games of Chance a Skill - Cstholio $+en's Club 0 10. Payment to CensuRing Engineers - Lfghting Panel for ATCT 9 H. REPORTS 9 1. City Manager's Report to 2. City Attorney's Peport 10 S. Mayor's Report 11 4. City Clerk's Report 11 5. Finance Director's Report 11 6. Planning a Zoning Commission's Report 11 7, wend Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO OF HEARD 12 1. Mrs. Vivian Raymond 2. kid . J KE,NAI CITY COUNCII. - RFGULAR MEETING JANUARY 21, 1976 - 9: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Thomas Ackerly, Welter Sweet, Al Hudson*, Richard Morgan, Edward Ambarion and James A.lson Absent: None AGENDA APPROVAL With Council approval, Administration requested that Item 0-10 be doloted from the agenda. Council unanimously approved the deletion. B. PUBLIC HEARINGS 11-1: Transfer of Beverage Dispensary License for the Pre -Plight Lounge Mr. Lynn advised that the City had contacted the Borough Tax Collector's office and had been advised that all taxes were paid and current for the Pre -Plight Lounge. Administration, therefore, recommended approval of the transfer of beverage dispensary license. Mayor Elson opened the meeting to a public hearing -- there being no comment from the public, Mayor Rlson returned the meeting to the Council table. i�j�ggj E Councilman Ambarian moved, seconded by Councilman Sweet, for the approval of the transfer of a beverage dispensary license for the Pre - Plight Lounge. Motion passed unanimously by roll call vote. Councilman Hudson in at this time B-2: Permission to remodel premises for the Katmai Motel Mr. Lynn advised that the Borough Tax Collector's office reported that there was some discrepancy in the Katmai's personal property taxes as filed and that the matter was still under investigation. Administration would therefore recommend that Council request a "hold" be placed on the Alcoholic Beverage Control Board granting the Katmai's request for permission to remodel premises. Mayor P.lson opened the meeting to a public hearing -- there being no comment from the public, Mayor Elson returned the meeting to the Council table. , L KP,NAI CITY COUNCIL, REGULAR MEETING, ,JANUAI?Y 21, 1976 Page 2 f MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the approval of the request for permission to remodel premises for the Katmai Motel pending resolution of the investigation of the Katmai's personal property taxes as filed with the Kenai Peninsula Borough. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO RE HEARD C-1: Mr. Robert Peterkin - Peninsula Oilers Mr. Peterkin, representing the Peninsula Oilers, reported to the Council that at the present time, the Peninsula Oilers did not have a park to open their 1977 season. Mr. Peterkin presented maps and charts to the Council depicting the area, known as Lot 4, Section 3, TSK, R11W, SM, as a suitable location for the Oilers ball field. Mr. Peterkin further stated that the proposed plan included building a access road, two parking areas, bleachers, baseball diamond and future development of Little League fields, The site location is close to town and this parcel of land is also bordering City water and sewer. Mr. Peterkin stated that the Oilers would like to get some type of lease from the City, preferably long-term, in order that permanent type structures could be constructed (such as rest rooms, snack bar, club house, etc.). Mr, Peterkin added that it was the intent of the Oilers to work some type of agreement with the City so that in the event the lease was terminated for one reason or another (the club disbanding, etc . ) the facilities could be turned over to the City for the City's use. Councilman Sweet asked Mr. Peterkin what the distance was from the main road to the bluff and was advised that it was $00' to 1, 0001. Councilman Sweet further inquired as to the reasoning behind the split parking areas and was advised that the Oilers were hopeful to cut down on traffic congestion and this type of plan would alleviate the "bottle neck" situation which is created by the large amount of vehicles in attendance at the Oiler's games. Mayor Elson thanked Mr. Peterkin for his presentation and felt it was well developed, however, the procedure to follow by the Oilers would be fill out an application to lease City owned lands (obtained at City Hall) and present the application and development plan to the Kenai Planning Commission. Upon recommendation from the Planning Commission, will be forwarded on to the Counell for final review, D. MINUTES D-k Minutes of the Regular Meeting of January 7, 1976 W Mayor Moon requested that on page 6 of the minutes, a title should accompany 0 7 I,-�.- �-=r"-ri ��^-�".��.+r- it-- , --• ._-iWsvri KENAI CITY COUNCIL, REGULAR MHETINO, JANUARY 21, 1970 Page 3 .� the motion on Resolution 76-1. There being no further additions and/or corrections to the minutes as distributed, the Council unanimously approved the minutes of January 7, 1970 as corrected. E . CORRESPONDENCE. None F. OLD BUSINESS F-1: Council Selection of New Council Member Mayor Bison opened the meeting for nominations. MOTION: Councilman Sweet nominated Mrs. Diana Lundstrom . MOTION: Councilman Ambarian nominated Mr. Roland Raymond. MOTION: Councilman Ackerly nominated Mr. Thomas Wagoner. MOTION: Councilman Sweet moved that the nominations for City Councilman be closed, Mayor Elson directed the Clerk to prepare for balloting, FIRST BALLOT: Lundstrom - i Raymond - 3 Wagoner - 2 Mayor Bison directed the Clerk to prepare for a second ballot. SECOND BALLOT: Lundatrom - 2 Raymond - 3 Wagoner - i With Council consent, Mayor P.Ison moved the meeting on to the next item of business. F-2: Fire Department Mutual Aid Agreement - Kenai/North Ifenai/Soldotne i Mr. Lynn advised the Council that City Administration had not had the opportunity to meet with the Borough Attorney as he has been out of town ---- and consequently Administration was unable to resolve a few points, Mr. Lynn, therefore, requested that Council table the matter until the next regular meeting. Council unanimously agreed to table the matter of tho Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotns, I i KHNA1 CITY COUNCIL, REGULAR MEETING, -JANUARY 21, 1076 1'AG11, 4 F-3: Rosolution No. 75-54 d Regulation of Extraction of Natural Resources Mayor Flson reported that both he and the City Attorney mot with Borough Officials and oxtonaively reviewed the matter of the regulation of extraction of natural resources. The area of difficulty appeared in the matter of the guarantees, Mayor Bison further reported that it was discussed that if the Developer were to file a development plan, the City would monitor the operation of the pit and be able to regulate it in that manner. The Borough Mayor did request additional public input and Mayor Bison stated he would like to facilitate the matter so that the ordinance could be introduced at the next meeting of the Borough A ssembly. . This would mean the amended resolution would be presented to the Kenai Planning Commission at their mooting of January 26th and then the proposed ordinance introduced at the meeting of the Borough and then the City Council hold a public hearing on the regulation of Natural Rosoureos at their meeting on Pebruary 4th, Councilman Morgan asked the City Attorney as to the reason that the guarantees had been dropped and was advised that the Borough officials were not in favor of the guarantees as proposed and stated that if the City ware to monitor the extraction of natural resources closely they would be able to catch the violations and levy the fines against the 4"werators and/or revoke their pormits to operate, Councilman Morgan also inquired as to what would protect the City to the matter of short-term operations such as an operator work the pit for six weeks and then leave the area, City Attorney Williams advised that the City would require that the boundaries of the proposed excavation at it grouted dimensions, including back slopes, would be at least 200 feet from any road or any public right-of-way and at least 150 feet from other surrounding property lines, The buffer strips between tho excavation site and roadways and property lines would be required to contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas, Also, the Ordinance roquirod certain reclamation as the operator proceeds with the extraction of the natural resources, Mayor Olson stated that in a one shot situation such as Councilman Morgan Inquired about, the Planning & Zoning Commission, upon receipt of the application, could be very stringent concerning the requirements -- the Commission would be able to judge haw long they will he monitoring at the time the development plan is submitted by the operator, I' Mayor Elson stated that in his opinion, if the guarantees remain in the proposed resolution, the City will not get a recommendation from the - = , Borough Administration as they feel the guarantees are not legal, KHNAI CITY COUNCIL, II14OULAii MHETIN(J, JANTIABY Bl, 1070 Page S City Attorney, Jania Williams, stated ahe would approeinte any eommont or input from the Council. Councilman Sweet inquired not to why thin matter required public hearing before the Borough and City and Mayor Klaon advised that as there had boon oe much public interest, the Borough felt it boot to got as much input no possible, Councilman Sweet asked what time factor would bo involved and Mayor Elson stated he felt tho matter should be finalized by the last meeting in March, Councilman Ambarian stated in his opinion no this matter had boon on -going for almost one your and there has been much involvement from the public (public hearings, ote,) Councilman Ambarian felt all that was noodod wan to schedule a work session and work on the proposed resolution to be presented to the Borough, Councilman Hudson suggested that perhaps the Ordinance could be introduced at the next meeting of the Borough Assembly and the City could hold a public hearing the following evening at the Council in order to expedite the matter, Mayer F,ison asked for Council wishes regarding holding a public hearing and added that he felt this would be noeessaary in order to comely with Borough wishes, Councilman Hudson ogrood in that the resolution would receive a better reception at the Borough for passage as an ordinance, Councilman Sweet inquired as to the process -- Mayor Elson advised that the City is merely suggesting that the Borough consider the resolution when writing up the ordinance for extraction of natural resources, Councilman Morgan moved, seconded by Councilman Ambarian, that the Kenai City Council hold a public hearing on the extraction of natural resources at the Council meeting of February 4, 1970, Motion passed unanimously by Council, At this time, Mr, James 1; , lusher, representing Mr, Chestor Cone, asked for permission to speak before the Council, With Council consent, Mayor Bison granted the r6quost. Mr, Fisher stated in that Mr, Coro has a pending application for the extraction of natural resources and in ft- t the proposed amendments to Resolution No, 75-54 de not appear to be much different, is there a possibility that the Council will act upon Mr. Cone's Application now while they are considering the subject. Mayor P,ioon adviser!! Mr, Fisher that he personally would like to see the Borough enact the Ordinance first, however, if Mr, Cone wished his application r KKNAI CITY COUNCIL, REOUILAR Mll?,TIN(l, dANtIARY 21, 1970 PAGE, 6 noted upon immediately, he would have to comply with the outcome of tho Borough findings. Councilman Itudson added that Mr. Cone would have to modify all areas of his application that are not in compliance with the Borough ordinance. Mr. Chester Cone asked the Council if and when the resolution and ordinance are passed, would he have to re -apply? Mayor Elson advised that this would not be necessary as the Council would pass on his original application. (3. NEW BUSINESS Bills to bo paid - bills to be ratified Mr. Lynn advised the Council that these were the routine bills for Council consideration and recommended approval -- all items are budgeted. Councilman Ambarian inquired with regard to the bill from Anchorage Chrysler if those were impact funds and was advised that they were. MOTIONS Councilman Hudson moved, seconded by Councilman Ambarian, for Council approval of payment of those bills to be paid and Council approval of those bills to be ratified as submitted January 21, 1976 Motion passed unanimously by roll call vote. 0-2., Ordinance 287-76 -Amending Airport Land Fund Mayor 816on read Ordinance No. 207-76 - "that the 1975-70 budget for the Airport Land Fund be amended to refloat the following increases in revenues and expenditures: Revenue: Salo of Land - $42,900, expense: Warm Storage Building- $42,000, The purpose of this Ordinance is to dedicate the proceeds from the sale of airport lands to the Construction Fund, for the purpose of constructing a warm storage building. Mr. Lynn advised that this woo a "general housekeeping" ordinance to reflect the revenue from the sate cd the land and expenditure to building a warm storage facility. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for introduction of Ordinance 297-76 - Amending the Airport Land Fund. Motion panned unanimously by roil call vote. ' 1 i i ram a " KRNAI CITY COUNCIL, RROULAR MEETIN0, JANUARY 21. 1976 PAOF 7 dp3: Resolution No. 70-2 - Amending Resolution. No. 75-00 •- Ft. Kenny Mental Rates Mayor Flown read Resolution No, 76-2 - ...that Resolution No. 75-60, Ft. Kenay Rental Rates, be amended by adding the following: For groups of people using Ft. Konay for a period of not to exceed one hour, the rental rate shall be $5.00. The minimum deposit shall be $25.00 and shall be refundable under the provision of Resolution 75-00. Mr. Lynn stated that in conjunction with the request that Administration review the rental rates to permit a more palatable amount, Resolution No. 70-2 was prepared, however, Administration did recommend one additional amendment in that the resolution should read....." not to exceed two hours, ....." as one hour does not allow enough time. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for adoption of Resolution No. 76-2, Amending Resolution No. 75-60, Ft. Kenay Rental Rates. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, to amend the motion to include that the resolution should read..... "not to exceed two hours"... The amendment to the motion passed unanimously by Council. The main motion, as amended, passed unanimously by roll call vote. a-4: Resolution No. 76-3 - Transfer of funds purchase of signs for Know Removal Ordinance signs Mayor Elson road Resolution No. 76-3, resolving that the following transfers of money be made within the 1975176 budget of the General Fund, Public Works, Street Maintenance Department., From - Salaries, $5, 000 To; - Repair and Maintenance Supplies - $5,000, The purpose of this transfer is the purchase of signs to enforce the snow removal ordinance. Mr. Lynn advised that due to a savings in salaries, this transfer was made possible. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for the adoption of Resolution No. 70-3, Transfer of Funds for the purchase of signs for the Snow Removal Ordinance. Motion passed unanimously by roll call vote. a-5: Resolution No. 76-4 - Interdepartmental Transfer within the General Fund Mayor Bison read Resolution 76-4, resolving that the following transfers r v a M,. 0 N ' KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 21, 1976 PAGE S pj of money be made within the 1975/76 General Fund Budget: From: City Manager Advertising - M , 730 TO: Legislative Advertising - $1, 730. The purpose of this resolution is to transfer budgeted dollars to the department actually Incurring the expense. MOTION: Mayor Elson explained that these monies were for the publishing of ordinances, public notices, etc. MOTION: Councilman Ambartan moved, seconded by Councilman Hudson, for the adoption of Resolution No. 76-4 - Interdepartmental transfer within the General Fund. Motion passed unanimously by roll call vote. G-6: Resolution No. 76-5 - Filing Fees for Planning and Zoning Changes Mayor Elson read the contents of Resolution 76-5, that pursuant to Section 21.76.210 of the Kenai Peninsula Borough Code of Ordinances, the City of Kenai shall levy the following planning and zoning fees which are to be considered independent of any fees levied by the Borough for planning and zoning changes. $50, Conditional Use Permits and Variances and $50, Rezoning Applications. f These permits are non-refundable and payable upon filing to cover the cost of permit preparation, notice of hearings and mailing and advertising costs. Wayor Elson stated that he would like to see some changes and/or adjustments to the resolution. Mayor Elson requested the addition of the words "non -conforming uses" to the fee of $50.00 for Conditional Use Permits and Variances and the deletion of "$50.00 Rezoning Applications" as this matter fell under the jurisdiction of the Borough Planning Department. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption of Resolution No. 76-5, Filing Fees for Planning and Zoning Changes as amended by Mayor Elson. Motion passed unanimously by roll call vote. G-7: Games of Chance & Skill - Kenai Chamber of Commerce Mr. Lynn advised that Administration recommended approval of the application for permit for authorized games of chance and skill as submitted by the Kenai Chamber of Commerce. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the approval of the Application for Permit for Authorized Games of Chance and Skill for the Kenai Chamber of Commerce. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 21, 1976 PAGF. 9 " a-8: Games of Chance & Skill - Holy Assumption Church Mr. Lynn advised Council that Administration recommended approval of the application as submitted by Holy Assumption Church for Permit for Authorized Games of Chance and Skill. 9 - < MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for Council approval of Holy Assumption Church's Application for Permit for Authorized Games of Chance and Skill. Motion passed unanimously by roll call vote. a-9: Games of Chance & Skill - Catholic Men's Club Administration also recommended approval reported Mr. Lynn of the application as submitted by the Catholic Men's Club. i MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for Council approval of the Application for Permit for Authorized Games of Chance and Skill for the Catholic Men's Club. Motion passed unanimously by roll call vote. 0-10: Deleted I , H. REPORTS H-1: City Manner's Report (a) Mr. Lynn advised the Council that the City had received word today of a grant to construct a new well in the amount of $607, 000. The City does have the approval from the State for additional funding in the amount of $240, 000 and are anticipating $63,500 in addition to be approved by State. The bid documents should be ready by February 10, 1976, and hopefully will begin construction in either March or April. (b) 4 The City received.$228,477 in State Aid which was more than anticipated. (c) Communications Center - in the process of being moved to the Police side of the Public Safety Building -- there will be no loss of service. (d) Lockheed Constellations - should be removed from the Kenai Airport as the new owners are sending down crews. (e) Councilman Ackerly inquired with regard to the grant received for the construction of a new water well -- where to the additional $303,500 coming from? Mr. Lynn advised that these funds would be coming from the Bond Construction Funds. J � u 1 %i i ItENAI CITY COUNCIL, 11HOULAR MEETING, JANUARY 21, 1976 PAGE 10 1I-2: City Attorney's Report (a) City Attorney, Janis Williams, advised the Council that it would be necessary to file "Financial Disclosure" forms again. Those must be filed no later than April loth or within 18 days from filing income tax return. (b) Litigation - no change in status. (e) Tidelands - the City has been trying to got the titles to the Tidelands. It has been advertised in order that protests could he filed prior to the closing date. One protest was filed with the Division of Lands who must respond to the protest. The City can protest the validity of that protest. Mayor Flson added that the person who had submitted the protest is from Anchorage and this person had protested the titles to Tidelands all over the State. H-3: Mayor's Report (a) Mayor Elson advised the Council that he would be meeting at the Porough next week with regard to the "Outer Continental Shelf". There will be $150,000 to be made available in planning monies and the Borough will be applying for some of that funding. It is the hope to do planning for the public works projects that will be required because of OCS impact. There is very little time to get the application for the planning funds in to the State. (b) Mayor Elson stated that a concept that has boon discussed off and on -- and perhaps it was timely to start to proceed now. The Mayor reported that first of all he would like to see monies used from the sale of City owned lands for such things as building a warm storage facility for the Tanker Truck to be located in the vicinity of Beaver Loop. The Mayor further stated that it was his personal philosophy that the sale of assets should be put back into other assets (such as buildings. etc.) in the community. A Fire Sub -Station in the Beaver Loop area cold provide financial relief by reduction of fire insurance rates. The City could also perhaps hold a meeting with people from that area in order to form a volunteer unit which could man the Rub -Station with back-up from the Kenai Fire Department. Coun,41man Morgan asked about the insurance savings -- does the City have a dollar figure on reclassification. Mayor Elson advised that there was no dollar figure but reclassification from 0 to S was anticipated. The Mayor further stated that perhaps location of the Sub -Station could be near the new Water Well. Councilman Morgan inquired if the Sub -Station would have to be manned all the time and was advised by Mayor Elson that it would not have to be manned all the time but through volunteers who would be "on call". (a) Mayor Elson asked the City Attorney the status of the report on non -litigation matters and was advised that she would have it for presentation to the Council at their next regular meeting. _ r�tiwrrw f KI:NAI CITY COUNCIL, REGULAIt MPKTINC', JANUARY 21, 1976 PAGE 11 (d) Councilmnn Morgan naked when Mr. Spake of tho Itighway Department would be meeting with the Council and Mr. Lynn reported that he had talked with Mr. Spake who advised that he had not roeoivod the 5-year plan for the Itighway Department but upon receipt would come before Council -- hopefully, Mr. Spake will be in attendance at the first meeting in February. Mr, Spake did indicate that as far as he was concerned the Beaver Loop and Forrest Drive projects would be comploted this year. I1-4: City Clerk's Report None H-S: Finance Director's Report None H-6: Planning A Zoning Commission's Report Councilman Ambarian reported that the Oath of Office had been given to new member Mike Hamrick. A public hearing was held on Peninsula Trailer Sales for a conditional use permit -- Peninsula Trailer Sales has owned the land since 1068 and the area has been re -zoned. The Planning Commission gave them a 3 month permit and Peninsula Trailer Sales will also be applying for re -zoning of that area. A public hearing was sot for Killen Estates for February 9. H-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson reported that there were hearings on the following ordinances: Ord. 75-63, An Ordinance repealing Ord. 75-43 a rezoning Lots 21, 22 a 23 in A 30, of Original Townsite of Seward, Ord. 75-64, concerning rezoning with the City of Homer, Ord. 75-65, concerning rezoning within the City of Seward and Ord. 75-67, concerning rezoning within the City of Seward. An introduction of Ordinance 76-2, providing for selection by the Assembly of an Acting Assembly Member to Fill Vacancy in a Seat Representing Areas Outside First Class Cities and Ord. 76-3, concerning rezoning within the City of Kenai. i Councilman Hudson also reported that the modifications to the Kenai High School will be after April and during the "opening ceremonies" of the Tustumena lunch room the Health Inspector walked in and shut the facility down. Councilman Hudson asked the City Manager if the Water Well No. 2 project had been approved in total amount requested and Mr. Lynn advised that it had not as there was approximately $50,000 less granted. Councilman Morgan also asked the City Manager to what extent motoring would be required and Mr. Lynn advised it was required but now that the grant had been received, he would send letters to our congressional delegation asking their assistance in obtaining a waiver. .a 1 KENAI CITY COUNCIL, REGULAR MR8TIN0, JANUARY 21, 1970 PAGE 12 • i I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Mrs. Vivian Raymond Mrs. Raymond Asked if the City had any funds available for Animal Control and was advised by Mayor Elson that there was very little funding available but the City would be sponsoring a rabies clinic in February and the City was also working on a proposed program for Animal Control. There being no further business, Mayor Elson adjourned the meeting at 0:30 P.M. Respectfully submitted, u C • Peter, City Clerk A J � J ,1 �� 1