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AGENDA
REGULAR MFFTING - KRNAT CITY COUNCIL
FEBRUARY 4, 1070 - S: 00 P.M.
PUBLIC SAFETY BUILDING
Page
PLEDOE OF ALLEGIANCE
A.
ROLL CALL
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AGENDA APPROVAL
I
8.
PUBLIC HEARINGS
1. Ordinance No. 257-70 - Amending Airport Land Fund
I
4. Resolution No. 75-54 - Rsgulation of Extraction of Natural Resent@*$
2
S. Renewal of Retail License for Oaken Keg 054 and Oaken Keg 058
2,67
4. Renewal of Beverage Dispensary License for the Katmai Motel
8
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1.
8.
0.
MINUTES
1. Minutes of do Regular Meeting of January 81, •1876
8 =
S.
CORRESPONDENCE
F.
OLD BUSIN069
1. Council Soloetion of now Council Member
8
S. Fire Department Mutual Aid Agreement - Kenai/North Konsi/Sol"
4
8. Renewal of Beverage Dispensary License - P,edie'd Frontier Club
5
4.
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0.
NEW BUSINESS
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1. Bills to be paid - bills to be ratified
5. '
2. ltesotution No. 76-0 - Accepting Grant Funds from Dept, of Environ. Cenay. 8 ;
S. Resolution No. 76-1- Accepting Grant Funds from Economic Development Admix. 8
4. Falcon Aviation, Inc. - Consent of Assignment of Lease
7
6. Renal Community Library Project - Chango Order Number 1
7
S. Kenai Community Library Project - Change Order Number 9
7
7. Games of Chance and Skill - Kent Elks Lodge BPOE f2425
8
8, Oamos of Chance and Skill - American Legi m Post #20
8 t
8. Public Address System
6
10.
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S.
1?.
18.
14.
16.
B.
REPORTS
I. City Wkwor's Report
0
S. City Attornsy's Report
30
S. Nayor's Report
10
4. City Clerk's Report
38
6. Pfnance Diroator's Report
10
Re" S. PUMIng a Zoning Commission's Re
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It. Said Peningils Borough Assembly's Report
1
I.
PERSONS PRESENT NOT SCHEDULED To SE HEARD
2.
1
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KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 4, 1075 - 8: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
Meeting called to order by Vice Mayor, Richard Morgan.
A. ROLL CALL
Present: Walter Sweet, A. L. Hudson, Richard Morgan, Edward Ambarian,
and Tom Ackerly. .
Absent: James A. Elson
-- AGENDA APPROVAL
The Council unanimously approved the following additions to the agenda:
B-3: Renewal of Retail License for Oaken Keg #54 and Oaken Keg #58
B-4: Renewal of Beverage Dispensary License for the Katmai Motel
G-9: Public Address System
B. PUBLIC HEARINGS
- B-1: Ordinance No. 287-76 - Amendins Airport Land Fund
Mr. Lynn advised that this ordinance amended the 1075/70 Budget for the
Airport Land Fund to reflect the revenue a! the sale of land (Library site)
In the amount of $42,900 to expense incurred in the construction of the
Warm Storage Facility in the amount of $42,900. 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 facility.
Vice Mayor Morgan opened the hearing to the public for their comment. There
being none, the hearing was returned to the Council table.
€ MOTION:
} ! Councilman Sweet moved, seconded by Councilman Ambarian, for the
adoption of Ordinance 287-76, Amending the Airport Land Fund.
Motion passed unanimously by roll call vote.
Councilman Ambarian stated that he had looked at the warm storage facility
J and felt, in his opinion, that the construction had gone on long enough and
-n; the City should take steps to enforce completion as soon as possible.
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K1;NAI CITY COUNCIL, RHOULAR MEETING, ICI BRUARY 4, 1976 PAGE 2
13-2s Resolution No. 75-64 - ReffulatiOn of Extraction of Natural Resources
City Attorney, Janis Williams, advised Council that this latest draft of
Resolution No. 75-64 was slightly different from the draft received at the
last mooting. The only significant changes are the additions of Section
21.70.140 and the addition of numbers 0 and 10 to Section 21.76.144.
Vice Mayor Morgan opened the hearing to the public for their comment.
Mr. James P, Fisher, representing Mr. Chester Cone, advised that though
he and his client had not had the opportunity to review the latest draft of
the resolution, he foit they would have no opposition as it was now presented.
Mr. Robert Bergen stated he would liko to go on record as being in opposition
of the proposed resolution as he felt it was discriminatory toward the
gravel pit owner/operators.
There being no further comment from the public, Vice Mayor Morgan returned
the hearing to the Council table.
Vice Mayor Morgan inquired as to who would be the administering official
and was advised by City Attorney Williams that the City Manager would have
these powers and could so delegate the authority.
After discussion of the resolution as presented, Councilman Ambarian advised
the Council that a public hearing regarding this matter would be hold on
Monday, February 9, 1076, 7s 30 p,m, at the Kenai Public safety Building, This
will be a joint hearing of the Borough Planning Commission and Kenai Planning Comsn ,
MOTIONS
Councilman Ambarian moved, seconded by Councilman Sweet, for the adoption
Of Resolution 75-54, a resolution requesting that the Kenai Peninsula Borough
Assembly amend the zoning ordinance for the Kenai Municipal District to
Provide for the regulation of Surface extraction of natural resources within the
City of Kenai,
Motion passed unanimously by roll call vote.
B-3s Ren awal of amadi .._„_ __ &--- _ _
Vice Mayor Morgan asked that the exact location for Oaken Keg /I54 and 058
be determined, therefore, the matter was tabled until his request was resolved.
KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE 3
B-4: Renewal of Beverage Dispensary License for the Katmai Motel
I Mr, Lynn advised that the Borough Tax Collector's office had been contacted
and the Katmai was current in their taxes. Therefore, Administration recommended
approval.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the
approval of the renewal of a beverage dispensary license for the Katmai Motel.
Motion unanimously approved by Council.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
None
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D. MINUTES i
D-1: Minutes of the Regular Meeting of January 21, 1976
Council unanimously approved the minutes of the meeting of January 21, 1976,
as distributed
E. CORRESPONDENCE
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None
F. OLD BUSINESS
- F-1: Council selection of new Council Member
City Attorney, Janis Williams, advised the Council that she had had
H several inquiries into the matter and after investigation, found that the
City has no provision for a special election for selection of a new council
member. If the Council does not select a new member, the matter will
i be continued until the next regular City election.
vice Mayor Morgan opened the meeting for nominations.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Hudson, for the
nomination of James Doyle.
y:
— - MOTION:
- Councilman Ackerly moved, seconded by Councilman Sweet, for the
nomination of Mrs. Diana Lundstrom .
MOTION:
Councilman Sweet moved, seconded by Councilman Ackerly, that the
nominations be closed,
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE 4
Vice Mayor Morgan instructed the Clerk to prepare for balloting
FIRST BALLOT:
Lundstrom - 3 Doyle - 2
With Council consent, Vice Mayor Morgan instructed the Clerk to prepare
for a second ballot.
SECOND BALLOT:
Lundstrom - 3 Doyle - 2
Council unanimously agreed to proceed to the next iteri of business.
F-2: Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna
City Attorney Janis Williams advised that there was a difficulty on page 2,
item 8, in that the requesting agency and its respective municipality,
agrees to protect, defend, save and hold harmless the requested agency
or agencies from any liability, cause, suit, action, demand, damage, or
any other claim which might arise as a result of or in connection with said
response. City Attorney Williams further advised that the Borough believes
this to be a workable provision but our insurance carrier is not certain --
should the City, therefore, convince our insurance carrier that this
provision is acceptable or should the City seek another insurance carrier?
Vice Mayor Morgan inquired if either Soldotna or North Kenai had any
objections and was advised that they did not. Councilman Sweet asked
if the City could change to the insurance carrier that is presently being used
by Soldotna and North Kenai and was advised that we could.
Mr. Lynn advised that there might be some penalty involved in changing
insurance carriers in the middle of a term.
MOTION
Councilman Hudson moved, seconded by Councilman Ambarian, to table
the matter of the Fire Department Mutual Aid Agreement with Kenai/North
Kenai and Soldotna until such time all details have been worked out.
Motion iuwaimously passed by Council.
City Attorney Williams asked H the Council favored the provision in item 6
as it now reads or did the Council wish to proceed with a change in insurance
carrier?
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE 5
Councilman Hudson advised as the Council had not yet agreed to this
Mutual Aid Agreement, it was his feeling that the City Attorney do whatever
she deemed necessary and bring it back to the Council for their review and
approval.
Vice Mayor Morgan also emphasized that the City Attorney should take the
steps she feels is in the best of interest for the City and bring the resolution
of the matter back to the Council for final approval.
F-3: Renewal of Beverage Dispensary License - Eadie's Frontier Club
Mr. Lynn presented a memorandum to the Council from Police Chief Richard
Ross regarding the renewal of beverage dispensary license for Eadie's
Frontier Club. Mr. Lynn stated that at the meeting of December 3, 1975,
the Council had requested the Alcoholic Beverage Control Board place
a hold on the issuance of the renewal of Eadie's beverage dispensary license
until the Courts had rendered a final decision on her case. This matter has
now been resolved and Ethel Henderson, owner -operator of Eadle's was
convicted on a criminal charge of keeping a bawdy house. It was the
recommendation of the Police Chief and City Administration that the Council
request the ABC Board place a minimum A day suspension of the license and
that Council go on record stating that the City of Kenai did not condone this
type of activity in the City.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for the
approval of the renewal of the beverage dispensary license for Eadie's
Last Frontier Club without request for the 15 day suspension.
Motion passed by roll call vote. Voting yes; Sweet, Hudson and Ambarian.
Voting no; Morgan and Ackerly.
G . NEW BUSINESS
G-1: Bills to be paid - bills to be ratified
Mr. Lynn advised that the Administration recommended approval of the
bills as submitted.
Vice Mayor Morgan asked if all items listed were budgeted and was advised
by Mr. Lynn that all were budgeted or covered in Account 42.
Councilman Ambarian inquired on the Peninsula Roofing statement --
was this item covered under our insurance coverage? Mr. Lynn advised
that the larger percentage was covered, however there was a deductible
clause that the City would have to pay.
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KENAI CITY COUNCIL, REGULAR MEETING}, FEBRUARY 4, 1976 PAGE, 6
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for the
approval of those bills listed to be paid and the approval of those items listed
to be ratified.
Motion passed unanimously by roll call vote with Councilman Morgan abstaining
on the Luke's Welding Supply statement.
G-2: Resolution No. 76-6 - Accepting Grant Funds from the Department
of Environmental Conservation
Mr. Lynn explained to the Council that this resolution accepted the grant
funds in the amount of $300, 750 or 28 percent of total project cost, whichever
is less, from the State of Alaska, Department of Environmental Conservation,
for the Construction of Water Well No. 2 and related facilities. Mr. Lynn
recommended approval so that the City could proceed with this project without
delay.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for
adoption of Resolution No. 76-6, accepting grant funds from the Department
of Environmental Conservation.
Motion passed unanimously by roll call vote.
G-3:Resolution No. 76-7 - Accepting Grant Funds from Economic Development
Administration
Mr. Lynn advised that this resolution accepted grant funds in the amount
of $007,000 from the Economic Development Administration for the
construction of Kenai Water Project No. 07-01-01684.
Mr. Lynn recommended approval in order that Administration proceed
with the project to construct Water Well No. 2 and related facilities.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the
approval of Resolution 76-7, Accepting Grant Funds from Economic
Development Administration.
Motion passed unanimously by roll call vote.
Councilman Ambarian urged City Administration to set up a joint work
session between the Council and the Planning Commission with all pertinent
materials concerning this project so that Council and Commission members
can review the status of Water Well No. 2 project to date.
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE 7
G-4: Falcon Aviation, Inc. - Consent of Assignment of Lease
Mr. Lynn requested Council approval so that Administration could proceed
with the necessary requirements for signing paperwork, etc.
MOTION:
Councilman Ambarian moved, seconded by Councilman Aekerly, for the approval
of the consent of assignment of lease from Falcon Aviation, Inc. to Arctic
Aviation, Inc., P.O. Box 550, Kenai, Alaska 99611 covering Block 1,
Lots 1 and 2, Block 3, Lot 1, Small Aircraft Apron.
Motion passed unanimously by roll call vote with Councilman Hudson abstaining.
B-3: Renewal of Retail License for Oaken Kea 054 and Oaken Kea #58
Vice Mayor Morgan brought this matter back to the Council table for action
as Fire Chief Thomas advised that the location for Oaken Keg #54 was next to
the Army Navy Store and the location of Oaken Keg 058 was adjacent to Carrs in
the Mall.
Vice Mayor Morgan opened the hearing to the public for their comment. There
being none, the hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for the denial
of the renewal of a retail license for Oaken Keg #54.
Motion passed by roil gall vote. Voting yes; Sweet, Morgan, Ambarian,
and Aokerly. Voting no; Hudson.
Vice Mayor Morgan opened the hearing to the public with regard to Oaken
Keg #58. There being no imput from the public, the hearing returned to the
Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for the approval
of renewal of retail license for Oaken Keg #58.
Motion passed unanimously by roll call vote.
G-5: Kenai Community Library Project - Change Order Number 1
0-6: Kenai Community Library Prof a& - Chanoa ArAar Numhav 2
Mr. Lynn advised that Change Order No. 1 was a requirement for an
additional fire extinguisher by the State Fire Marshall's Office and Administration
recommended approval. Change Order No, 3 would read as follows: item no. I
had no change, item no. 2 was recommended not to be approved and item no. 3
amounted to $955 plus overhead and profit at 15% came to a total added cost of
$1,098.
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1076 PAGF 8
Council requested that Administration provide them with a running total of
project cost for the construction of the Kenai Community Library.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the
approval of Change Order 01 and Change Order #3 as recommended by
Administration.
Motion passed unanimously by roll call vote.
a-7: dames of Chance and Skill - Kenai Elks Lodge BPOE #2425
Mr. Lynn advised the Council that Administration recommended approval of
the application.
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 Elks Lodge BPOE #2425.
Motion passed unanimously by roll call vote.
a-8: Games of Chance and Skill - American Legion Post #20
Mr. Lynn advised the Council that Administration recommended approval of
the application.
MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, for the approval
of the application for permit for authorized games of chance and skill for the
American Legion Post 20.
Motion passed unanimously by roll call vote.
(i-9: Public Address System
Mr. Lynn advised Council that he had received several "complaints" from
citizens attending the Council meetings in that they could not hear the proceedings.
Administration had Investigated the cost, etc. of purchasing a public address
system and found we could get a complete system (carrying case, etc.) for
approximately $300 to $325.
Councilman Hudson stated that he would like to instruct the Administration
to include this item in next year's budget. Council concurred and Administration
was so instructed.
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KENAI CITY COUNCIL, REGULAR MEETING, F11,Ii111JARY 4.1976 PAOR 0
11. RUPUIt` S
11-1: City Manager's Report
(a) Mr. Lynn reported that Mr. Spake of the highway Department had again boon
unable to moot with Council but hopefully would be in attendance at the next
mooting.
Councilman Ambarian suggested that a delegation from Council go to Mr. Spake's
_ office as the City of Kenai had been waiting for some time for a report from
Mr. Spake concerning the status of the Deaver Loop and home Site Loop Projects.
Councilman Sweet inquired if this would accomplish anything as Mr. Spake
had stated that he had not yet received the 5-year plan? Councilman Ambarian
stated he felt that the City must discuss the construction before the State goes to
bid as, at present, it appears the projects will not meet City acceptable standards.
Council discussed the alternatives for the construction of the two projects
so that varying plans could be suggested to the Highway Department. Consensus
of opinion was that the Council should study project specs and directed Admini-
stration to set up a meeting between Mr. Spake and Highway Department repre-
sentatives and those members of the Council that will be able to attend. This
meeting should be set up as soon as possible.
(b) Capital Improvements Program - Administration Goals and Objectives should
be ready soon. Budget calendar calls for presentation to Council first part of i
April.
(e) Lotter of Resignation - Mr. Lynn advised Council that Mr. John O'Connor
had submitted his resignation. Mr. Lynn read the letter to the Council and
public.
(d) Councilman Morgan questioned SB-639 in the Legislature Bulletin concerning
a reduction -in the amount of fish tax received -- Councilman Morgan asked that
Administration research this matter further.
(e) Council reiterated their position in that Administration should proceed without
delay in urging the contractor to complete the warm storage facility as soon as
possible as this project had gone on long enough. Mr. Lynn advised the Council
that a "loop hole" appeared in the contract which would not allow the City to
take additional steps concerning completion date, however,the City was holding
all payments to the 4=tractor until the job has been completed. Councilman Hudson
inquired if the City Attorney agreed with the City Manager concerning the "loop
holes" in the contract. City Attorney Williams advised that she had not seen
the contract to date.
a a Councilman Morgan directed the Administration to have a report at the next
�✓ meeting in regard to this matter.
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KENAI CITY COUNCIL, REGULAR MEETING, F11,Ii111JARY 4.1976 PAOR 0
11. RUPUIt` S
11-1: City Manager's Report
(a) Mr. Lynn reported that Mr. Spake of the highway Department had again boon
unable to moot with Council but hopefully would be in attendance at the next
mooting.
Councilman Ambarian suggested that a delegation from Council go to Mr. Spake's
_ office as the City of Kenai had been waiting for some time for a report from
Mr. Spake concerning the status of the Deaver Loop and home Site Loop Projects.
Councilman Sweet inquired if this would accomplish anything as Mr. Spake
had stated that he had not yet received the 5-year plan? Councilman Ambarian
stated he felt that the City must discuss the construction before the State goes to
bid as, at present, it appears the projects will not meet City acceptable standards.
Council discussed the alternatives for the construction of the two projects
so that varying plans could be suggested to the Highway Department. Consensus
of opinion was that the Council should study project specs and directed Admini-
stration to set up a meeting between Mr. Spake and Highway Department repre-
sentatives and those members of the Council that will be able to attend. This
meeting should be set up as soon as possible.
(b) Capital Improvements Program - Administration Goals and Objectives should
be ready soon. Budget calendar calls for presentation to Council first part of i
April.
(e) Lotter of Resignation - Mr. Lynn advised Council that Mr. John O'Connor
had submitted his resignation. Mr. Lynn read the letter to the Council and
public.
(d) Councilman Morgan questioned SB-639 in the Legislature Bulletin concerning
a reduction -in the amount of fish tax received -- Councilman Morgan asked that
Administration research this matter further.
(e) Council reiterated their position in that Administration should proceed without
delay in urging the contractor to complete the warm storage facility as soon as
possible as this project had gone on long enough. Mr. Lynn advised the Council
that a "loop hole" appeared in the contract which would not allow the City to
take additional steps concerning completion date, however,the City was holding
all payments to the 4=tractor until the job has been completed. Councilman Hudson
inquired if the City Attorney agreed with the City Manager concerning the "loop
holes" in the contract. City Attorney Williams advised that she had not seen
the contract to date.
a a Councilman Morgan directed the Administration to have a report at the next
�✓ meeting in regard to this matter.
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE 10
H-2: City Attorney's Report
City Attorney Janis Williams advised Council that she had submitted a written
report for their review and no further comments on legal activities at this time.
1I-3: Mayor's Report
None
H-4: City Clerk's Report
None
H-S: Finance Director's Report
None
H-6: Planning a Zoning Commission'sReport
Councilman Ambarian advised that at the last meeting of the Commission
approval was given for a home occupation permit for a retail hockey equipment
supplier. Peninsula Mobile Home Sales have applied for a Zoning change and
American Subdivision was re -approved. The Commission reviewed the latest
regulations for the extraction of natural resources with the City Attorney
and Mr, Howard Kaiser with Environmental Conservation presented a report to
the Commission. The Commission approved the lease application for Ron Swanson
for the property adjacent to his present location. The lease as presented by the
Peninsula Oilers was approved, however, additional meetings with Administration
will be held to resolve some points in the lease.
Councilman Ambarian advised that the public hearing on Monday evening will
be on the regulations for extraction of natural resources and rezoning of the
area where Killen Estates is located.
H-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson reported that the Assembly had out as a Board of Equalization
in the matter of the Kenai Lumber Company who had been audited. There was
a $2 million difference in the audit and what was declared on their personal
property,
The Assembly seated Mr. Max Hamilton as the new Assembly member.
The Kenai Borough Assembly representatives introduced the Ordinance for
the regulation of natural resources and the $10, 000 property tax exemption
ordinance passed for Introduction. Several ordinance were introduced and
the Borough Mayor did elect to go to bid with regard to the Seward School.
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KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 4, 1976 PAGE, 11
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Councilman Hudson advised that he was opposed to the 410, 000 exemption as
it is "too narrow" a tax reduction -- taxes should be out for everyone not just
a few.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
There being no further business, Vice Mayor Morgan adjourned the meeting at
10:00 P.M.
Respectfully submitted,
?ue C. Peter, City Clerk
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