HomeMy WebLinkAbout1975-03-19 Council MinutesAGENDA
REGULAR MELTING KENAI CITY COUNCIL
MARCli 10, f975, 8:00 P.M.
PUBLIC SAFETY BUILSIND
PLEDGE OF ALLEGIANCE
Ai
ROLL CALL
1
AGENDA APPROVAL
I
B:
PUBLIC HEARINGS
B -
1: Liquor License Renewal - Peninsula Oilers
1
B -
2: Transfer of Beverage Oispensnry License for Pre -Flight Lounge;
Kenai Terminal Enterprises, Inc.; President Jack Pock, Vice -
President Althoa P. Peck, and Secretary Marjorie J. Daniels;
to Kenai Terminal Enterprises; President Brian L. Peck and
Secretary Nancy J. Pock.
2
B -
3: Transfer of Beverage Dispensary License for Larry's Club;
Larry H. $ Florence Lancashire 4 G. C. Jarvis to G. C. Jarvis
and Jo Jarvis.
8
B -
4: Ordinance 257-75 - Sale of Surplus Property
Z
B -
S: Ordinance 258-75 - Disposal of City owned lands -See P-3
6
C:
PERSONS PRESENT SCHEDuLED TO BE HEARD:
1. Mike Plunkett
2-3
2.
3.
D:
MINUTES
1. Minutes of Regular Meeting, March 5, 197S
33
2. Minutes of Special Meeting, March 6, 1915
3
ES
CORRESPONDENCE
1.
2.
F:
OLD BUSINESS
1. Ordinance 256-75 - Harbor and Harbor Facilities
4
2. Re cot for payment - R.D. Petorson-Koknu Projgct
4
3. Ordinance 258-15 -'Disposal of City owned lands
S
4.
s.
6.
7.
S.
G:
NEW BUSINESS
1. Bills to bpe paid - bills to,be.ratifiod
6
2. Settlement-C.U.L. vs City of"Konal vs Chicago Pnoum4tic,
6
3. Council authorization for City Attorney to begin
condemnation of SE14 of the Rwh of the N14 of Sec. 1
withsurvey and logal costs jq�,bo, charged to Local
Service Roads
b
4. Conservation Zone
b
S.
6.
7.
8.
9.
10.
II.
12.
H:
REPORTIS
1. City Manager's Report
6-7
a. Report on Library
b.
C.
d.
e
2. City Attorneys Report
7
3. Mayor's Report
NONE
4. City Clerk's Report
LIONS
S. Finance Director's Report
7
6. Planning 8 Zoning's Report
NONE
7. Borough Assemblymen's Report
7
is
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1. H.J. Steiner
7
2. Richard Morgan
3. Oscar Thomas
4. Richard Morgan
i
R
9
J
s
MINUTES
RiiGULAR MEETING
KI;NAI CITY COUNCIL
MARCH 19, 1975
8:00 I'.M.
PUBLIC SAFETY BUILDING
The Council gave the !'ledge oi' Allegiance.
ROLL CAI,1,: Members present - Edward Ambarlan, ,James Doyle, A. L. Iludson,
e iar organ, 11. J. Steiner, Oscar 'Thomas, and Mayor James Elson.
Members absent - None.
AGENDA APPROVAI,
The following amendments were made to the Agenda without objection:
Move Agenda Item B-5 - Ordinance 258-75 to P-3.
Add C - 1 - Mike Plunkett
Add D - 2 - Minutes of the Special Meeting of March G, 1975.
Add G - 3 - Council authorization for City Attorney to begin
condemnation of SE4 of the NW4 of the NIN of
Section 1, with survey and legal costs to be
charged to Local Service Roads
Add G - 4 - Conservation Zono
B: PUBLIC HEARINGS
B - 1: Liquor License Renewal - Peninsula Oilers
Mayor Elson recessed the meeting and opened it to the public.
There was no public participation and the public hearing was
closed and brought back to Council table. Mayor Elson stated
he had a phone call from Rev. Bob Harris of the Calvary Baptist
Church expressing his opposition of the selling of beer in a
Municipal Park.
Councilman Morgan stated the Oilers met with Stan Thompson today
and because of a misunderstanding last year, the back sales tax
has boon waived but they will be collecting and paying sales tax
this year.
Steiner moved and Ambarian seconded to approve the liquor license
a renewal - Peninsula Oilers. The motion carried by roll call vote
with Doyle dissenting.
Mr. Baldwin stated there is a provision in the code of ordinances
that no intoxicating liquor shall be consumed on the public
streets, in a public park or in any other public place or any
` store or establishment doing business with the public and not
licensed to sell intoxicating liquor. Mr. Baldwin further stated
, this can be waived by unanimous consont of Council. The City
Attorney was asked how should Council handle this, and Mr.
Baldwin stated to make it a specific agenda item at a future
- meeting.
R
191
M1NUT1118, KIINAI CITY COUNCII, MLIN IN(;, MARCII 19, 1975 Pny,e two
11 - 2: 'Transfer of Beverage Dis
'�erisar 1,Icense for Pro
i-"I'�l igTh�t I,nunf e;
i•i�resRonal Terminal ,r_:�co
.'--s 15rosi a11. Vockad Secretary ar orIQI=to
_on�-'Term na .n' t-orvr1:,C:.: , res cent �sr ran ,:i�.� iln� . �+er
Mayor Elson recessed the meeting, and opened It to the public.
There was no public participation and the public hearing was
closed and bro:ig;ht back to the Council. table.
Steiner moved and Doylo seconded to approve the transfer of
bovorage dispensary license for Pro-I'lig;ht Loung;o; Kor►ai
Terminal Enterprises, Inc.; President ,lack Deck, Vice -President
Althoa P. Pock and Secretary Marjorto J. Daniels to Kenai 'Terminal
Entorpri.sos; President 13rian L. rock and Secretary Nancy J. Pock.
There was no objection and was so ordered.
B - 3 : 11
License for Larrv'
Mayor Eason recessed the meeting and opened it to the public.
There was no public participation and the public hearing was
closed and brought back to Council table.
Ambarian moved and Steiner seconded to approve tho transfer of
bovorq$go dispensary license for Larry's Club; harry 11, & Irloronco
Lancashire and G.C. Jarvis to G.C. .Jarvis and Jo Jarvis. There
" was no objection and was so ordered.
B - 4: Ordinance 257-75 - Sale of Surplus Property
Mr. Baldwin stated this ordinance will enable Administration,
with notice to and approval of Council, to sell property not to
exceed $1,000, or to get more then we gave for property and if
over $1,000 an appraisal will be made.
Mayor Bison recessed the meeting and opened it to the public
on Ordinance 257-75 - Sale of Sur lus Property. There boing no
public participation, tho public gearing; was closed and brought
back to Council table.
After some discussion, Doyle moved and Steiner seconded to adopt
Ordinance 257-7S - Sale of Surplus Property. The motion carried
unanimously by roll call vote. Voting yes; Ambarian, Doyle,
Hudson, Morgan, Steiner, Thomas and Mayor Ulson.
C: PERSONS PRESENT SCHEDULED TO BE HEARD:
.T-. C - 1: Mike Plunkett
Mr. Lynn introduced Mike Plunkett who has boon working on
drawings for the library. tie met with the Library Board this
afternoon.
�.,
MINUTES, KIAAI CI'l'Y COUNCIL MEETING. MARCH 19, 1975 111114e three
C - I - Mike Plunkett - continued
Mr. Plunkott stated he brought the basic schematic design and
cost estimate. lie displayed u plat with the building and site
location in relutionship with the Publlc Saf.oty Building and
new Court (louse. lie will leave as many trees as possible and
showed the site plan. The parking area will be close to the
Court House parking area. I'he plan allows for future expansion
in several areas. fie displayed the floor plan which was taken
from the plan of the Library Board and Staff with a few slight
changes. lie discussed these changes with the board late this
afternoon. The cost total at this time is $360,000. If: we cut
back to $350,000 we can cut back the length of the overhang and
put in lower grade carpet. Mr. Plunkott recommends we put the
paving of the parking lot on an alternate bid. fie fools the
estimate is pretty accurate.
Councilman Doyle asked if this includes a sprinkler system. Mr.
Plunkott stated no it includes a smoke detector system. Mr.
Plunkott will chock the insurance ratings on the two systems and
the differences in cost.
Mayor Filson asked for comments from the Library Baord. Nedra
Evanson stated the Library Board is vary pleased. Thore are some
minor revisions.
Councilman Morgan asked what Is the schedule to go to bid. Mr.
Plunkott stated it is in the contract to go to bid within 45 days
after tho approval of the schematics.
Mayor Bison asked Howard Hackney, the Building Inspector, if he
could see any problems with the schematics. Mr. Hackney stated
they look fine. Councilman Hoyle asked if the plans have to go
to I.S.O. Mr. Plunkett stated the plans go to the State Fire
Marshall and E.P.A.
-- Doyle moved and Ambarian seconded to approve the schematic plans
of the library as presented this evening. The motion carried
unanimously by roll call veto.
Mr. Plunkett stated he would have a more detailed review in 2 to
3 weeks and the plans will come back to Council maybe two more
times.
4-
D : MINUTES
1. The Minutes of the Regular Meeting of March 5, 1975 were
approved as corrected. Under If - 3 the first sentence shall
road: "Mayor Elson submitted a written report and orally covered
the following items on his trip to Juneau.'
r- - -,--
2. Tho Minutes of the Special Meeting of March 6, 1975, wore
approved as distribut-ed.
MINUTES', KENAI CITY (;ut1NCIl, MEETING, MARCH 19, 1975 Page foijr
CORIUSPONIIENCE
None.
N: OLD BUSINESS
P - 1.: Ordinance 256-75 - Harbor and Harbor Facilitic;
Mayor h1son stated lie has a memo in the packet conorning his
opinion on the ordinance. lie doesn't think the ordinance fits
our situation. Fie fools Council should do more research before
taking up this ordinance. fits reasons are as follows:
1. It allowed the Commission to borrow or spend money
within certain limits without the City Council
approval.
2. It allows the Commission to implement Capital
Improvements. The City Charter requires all
Capital Improvements originate in tho Planning
Commission.
3. The Regulations for Operation of the Harbor did
not meet our local conditions.
Mayor Elson stated he would like to appoint a Flarbor Committoe
to develop an ordinance and work in conjunction with the Planning
Commission and is asking Council for nominations. Councilman
Thomas suggests Chester Cone. Mayor Elson stated iarl Towner is
very concerned. Councilman Doyle fools we are pre -mature. Mayor
Elson stated this is why he wants public input.
F - 2: Roauost for payment - R. D. Peterson - Kaknu Project
'tl Mayor Ll son stated this was tabled for further information.
Mr. Lynn stated we are witholding $8,000 for liquidated damages
and does not include the 250 yards of ravel. The engineers
recommend the 250 yards of gravel be shared by the City and
contractor. Without the compromise we would have withhold $8,250.
The City ordered the gravel put on as residents couldn't get to
their homes without trespassing on private property. The
Engineers have certified the project is working. We will notify
I.S.O. and the residents can enjoy a Class 5 fire rating. Mr.
Lynn recommends we pay R.U. Peterson $6,703.44 and retain $8,000
for liquidated damages.
Steiner moved and Hudson seconded to pay $6,703.44 to R.D. Peterson
for the Kaknu Project. The motion carried unanimously by roll
call vote.
r [i
MINUTLIS, KhNAI CITY COUNC II, MUUY ING, MUCH 19, 1975 page f Ive
It - 3: Ordinance 258-75 -__Disposal of CIty l)wned bands
Morgan moved and Hudson seconded to take Ordinance 258-75 off the
table. There was no objection and was so ordered.
Steiner moved and Doyle seconded to introduce Ordinance 258-75 -
Disposal of City Owned bands.
Councilman Morgan stated that on the last page in Section 3 -
it states applications shall be consistent with the Comprohonsive
Flan of the City. fie further stated we don't have a comprehensive
plan now and have no preparation for the future needs of the City.
We need to develop a comprehensive plan to provide for the future
of the City. Mayor Filson stated there is a hangup on financing.
E.P.A. has grants for planninf; and the Borough has planning powers.
We would need to go through the Borough. Mr. Lynn stated he spoke
with Sam Bost and he discussed having summor interns from the
universities to work on a comprehensive plan. Councilman Hudson
stated the changes are not too great since the 1964 A.S.H.A.
Compronhensivo Plan.
Mr. Baldwin felt the Council should go over the ordinance para-
graph by paragraph. The following changes were made to the
ordinance.
In Section 6 add "City of Kenai Planning Commission".
Section 7 add "This provision shall not apply where doed restrict
=' ions require the property to be leased at the fair market value".
Section 13 - In the first sentence add "ordinances of the City
and Borough". Strike "including the zoning ordinance". The
last sentence to road: "Failure to make substantial completion
of the development plan of the land, consistent with the proposed
use, within one (1) year of execution of lease shall . . . "
Section 14 add the clause: "No waiver for leases executed after
the effective date of this provision, the failure of the City
to insist upon renegotiation at the and of any given five-year
poriod shall not constitute a waiver of the right of the City to
insist upon renegotiation in any subsequent year, provided that
neither the City nor the lessee shall have the right to insist
upon renegotiation until five years shall have elapsed from the
date the rental was last adjusted."
Section 15 add "Raw land may not be subleased."
Section 16 add "Any such modification shall require Council approval
Section 33 - delete this section.
Section 39 - add a Liability Insurance Clause.
64 The motion for introduction carried unanimously by roll call vote.
There was no objection to scheduling the public hearing on this
ordinance for April 2, 1975.
t
-41
MINUTES,
KI:NAI CITY COUNCIL M1a?'1'ING, MARCH 19, 1975 Page six
G:
NEW BUSINESS
G - 1:
Bills to be paid - bills to be ratified
Steiner moved and Ambarian seconded to approve the bills to be
paid and ratify payment of bills as listed on the memo of March
19, 1975. The motion carried unanimously by roll call vote with
Doyle abstaining on the Coyle's Iluel bill.
G - 2:
Settlement - G.U.L. vs City of Kenai vs Chicago Pneumatic
Mr. Baldwin stated this instrument only needs to be signed. There
is no liability for the City. Iie needs Council's authorization
to sign.
Stiner moved and Thomas seconded to authorize the City Attorney
to sign the Stipulation for Settlement in the matter of C.U.L.
vs City of Kenai vs Chicago Pneumatic. There was no objection
and was so ordered.
G - 3:
Council authorization for City Attorney to boain condemnation
- -- -- - -- - ---- - .,. ... ..VAVa.
Mr. Lynn stated this is to get access to the City's gravel pit.
Doyle moved and Ambarian seconded to direct the City Attorney to
proceed with this condemnation. 'There were no objections and was
so ordered.
G - 4: Conservation Zone
Mr. Lynn stated the Planning Commission last night passed a
motion to request Council to present a Resolution to the Borough
that all of Sec. 16, TSN, R11W, SM and the Sri of the NWh of
Sec. 15, TSN, R11W, SM and Nh of the SWU of Sec. 15, TSN, R llW,
S.M. be declared a Conservation Zone. Mr. Lynn stated Section 16
is inside the City limits and Section 15 is in the Borough.
After some discussion, Hudson moved and Doyle seconded to table
any action until the next meeting and have maps showing the area
involved. There was no objection and was so ordered.
H: REPORTS
H - 1: City Manager's Report
Mr. Lynn stated we had been counting on Community Development
Act funding and had word today from H.U.D. that we have not boon
selected as we are not poor enough. fie will pursue this further.
He further reported we received notification today that tomorrow
Kenai will be designated an official Becentennial City.
MINUIYLS, KENAI CITY COUNCIL MiiLTING, MARCH 19, 1975 Page seven
if - 1 -
City Manager's Deport - continued
Mr. Lynn stated Administration will be meeting with the
depart -moat
heads on the budget and will be shooting for budget work
sessions after April 1st.
There was a brief discussion on starting an Impact application
taking some of the data Mr. Chen eomriled ,inn opt some information
from the telephone company and work with the Cumber of Commerce.
City Attorney's Report
Mr. Baldwin reported we have received notification from the Alaska
Division of Lands that the 13.47 acres the City has solocted has
boon approved.
The City Attorney reported he is at a point now he needs input on
the rocodification. He would like one early before budget session,
next week if.
ossiblo. Mayor Elson asked if there were any
objoction to
aving the work session Tuesday, March 25th at 7:00
P. . at City all.
H - 3:
Mayor's Report
No report.
'
H - 4:
City Clerk's Report
6
No report.
H - 5:
Finance Director's Rorort
Mr. O'Connor stated that hopefully he'll have the financial
statement out in two weeks.
H - 6:
Planning S Zoning's Report
4..
No report.
J
-
H - 7:
Borough Assemblymen's Report
Assemblyman Steiner reported on the Assembly Meeting of March 18th.
An ordinance to provide for an increase in salaries of Borough
employees was up for reconsideration. An amendment was introduced
= =
sand defeated, the Borough empioyocs will bu getting a 13.1
increase.
The -schematics for the Russian Village School wore disapproved
as they were a radical design.
1:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
H. J. Steiner
Councilman Steiner asked the City Attorney to revise the
ordinance concerning intoxicating liquor on public streets,
parks, etc., changing unanimous approval to read a majority,
for introduction at the next Council mvt.-ng.
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MINUTI3S,
KGNA1 CITY COUNC11. MEETING, MARCH 19, 1975 11age eight
I - 2:
Richard Morgan
Councilman Morgan stated the Planning Commission recommends
the State land auction not be hold. fie would rather see them
opened up and can see no advantage to freeze them.
Mr. Lynn stated the Commission felt the lots are too large for
residential and easements would be hard to got for water and sewer
lines and would hamper development of the well.
Mayor Elson stated the State are selling these as commercial lots
whoroas they are zoned rural residential. Those questions need
to be resolved.
I - 3:
Oscar 'Thomas
Councilman Thomas asked what is the shave of the police vehicles.
The City Manager stated one has boon rebuilt. The other is in the
process. There are two cars going and two now cars coming in
June. One fireman has been transferred to the police department.
I - 4:
Richard Morgan
Councilman Morgan asked what was the status of putting out bids for
the equipment for the now well. Mr. Lynn stated that he and Mr.
Aber would be going to Anchorage to moot with him. They are
looking at pputting the now well next to the existing well and
utilizing tho existing well house. Councilman Morgan asked how
are we, pump wise. Councilman Doyle stated we have a new pump
and spare parts on standby.
MEETING ADJOURNYX 10:40 P.M.
Respectfully submitted,
Sharon Loosli, City Clerk