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HomeMy WebLinkAbout1975-04-02 Council Minutesi 2 a u E A G E N D A REGULAR MEETING, XEINAI CITY COUNCIL APRIL 2, 1975, 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF 4LLEGIANCE As ROLL CALL 1 AGENDA APPROVAL l B: PUBLIC HEARINGS B - 1: Transfer of Beverage Dispensary License for: Katmai Motel; Jack R. Peck & John B. Thompson from Cheryl P. & Edward Parson & Bruce 4 Mae B. Kendall. 1 B - 2: Ordinance 258.75 - Disposal of City Owned Lands 1.2 C. PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Bill Quandt NOT PRESENT 2. James E. Fisher 2 3. � Ds MINUTES I. Minutes of Regular Meeting of March 19, 1975 3 $: CORRESPONDENCE 1. Petition - Dog Control 3 2. F. OLD BUSINESS 1. Conservation Zone 3 2. 3. 4. S. 6. 7. S. as NEW BUSINESS 1. Bills to be paid - bills to be ratified 4 2. Ordinance 1S9.7S - Consumption of Intoxicating Liquor In Public Places 4 3- Resolution 75-09 - Need for an Additional Radio Station 4 S- Resolution 75.10 - Supporting House Bill 293 4 esojution 771-12 P�oolip; nonate Bill 154 6. 4 eso ut on - 7. Resolution 75.13 - Intrafund Transfer $ S. Revised Grant Application Municipal Park Expansion S B. 10. 11. 12. 13. 14. IS. Hs REPORTS 1. City Manager's Report a. Discussion - Fine Arts Lease S b• Discussion C.A.P. Hangar S c. d. 2. City Attorney's Report 6 3. Mayor's Report 6 4. City Clerk's Report NONE &. Finance Director's Report 6 6. Planning & Zoning's Report 7 7. 80rough,Assemblymen's Report 7 Is PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1- Phyllis Morin 7 2- Oscar Thongs 8 3- Beverly F11110 8 4• Richard Morgan 8 . J MINUTES REGULAR M1:11TING KENA I CITY COUNCIL APRIL 2, 1975 8:0J P.M. PUBLIC SAPIITY BUILDING The Council gave the Pledge of Allegiance. ROLL CALL: Members present - .James Doyle, Richard Morgan, If. J. Steiner *, OscarThomas, )Edward Ambarian and Mayor .James I'slson. Members absent,- A. L. Hudson AGENDA APPROVAI. Thi following items were added to the Agenda without objection: C - 2 - .James B. Fisher 11. - 1 - Petition - Dog Control G - 6 - Resolution 75-12 - Flood Prone Areas G - 7 - Resolution 75-1.5 - Intrafund Transfer G - 8 - Revised Grant Application Muni.clpal Park Expansion H - 1. (b) - Discussion - C.A.P. Hangar B: PUBLIC, HEARINGS B - 1: Transfer �of.Beverage Dispensary License for: Katmai Motel; Mayor Elson recessed the meeting and opened it for a public hearing. There was no public participation and the public hearing, was closed and brought back to the Council table. There was no objection to the transfer of beverage dispensary license for Katmai Motel; Jack R. Peck and ,John B. Thompson from Cheryl P. 4 Edward Parson 4 Bruce T, Mae B. Kendall. B - 2: Ordinance 258-75 - Disposal of City Owned Lands Mayor Elson recessed the meeting and opened it for a public hearing on Ordinance 258-75 - Disposal of City Owned Lands. Janes Fisher passed around a memo and a copy of a news article concerning the City of Anchorage buying lands. Mr. Fisher asked Council to keep in mind that what we sell today we will buy back tomorrow at four times the price we sold at. He feels we should lease with strict restrictions and the lands will come back to the City. The use of the land will be re -organized in the future. Mayor Elson stated this is a method of disposing, land should we decide to dispose of any land. MINUTES, UNA1 CITY COUNCIL MI-i"STING, APRIL 2, 1975 Page two B - 2'- Ordinance 258-75 - Disposal of City Owned Lands - continued Mrs. Fisher stated she is interested in the City leasing; because of the Kenai Peninsula Care (:enter. The Center was given a two your lease in 1973 and will run out 3n September of this year. They have worked on a shoestring;, hard work, some grants and private donations. She hopes Council will give them consideration. There was no further public participation and the public hearing was closed and brought back to Council table. Councilman Doyle stated he feels Administration should be directed to write a letter to F.A.A. telling them what it Is being used for and ask for an exemption. There was no objection. After some discussion, Doyle moved and Thomas seconded to adopt Ordinance 258-75. Doyle moved to amond Section 7, page 4, to add "or charitable organization". The motion died for lack of a second. Morgan moved and Doyle seconded to amend the motion to add "non- profit or charitable organization" in Section 7. There were no objections and was so ordered. The main motion, as amended, carried unanimously by roll call vote. Voting yes; Doyle, Morgan, Thomas, Ambarian and Mayor Elson. C: PERSONS PRESENT SCHEDULED TO BE HEARD: C - 1: Bill Quandt Not present. ? C - 2: James Fisher Mr. Fisher stated Kenai has one of the best jails in the State and we should get moving pretty fast to get someone to realize the facility is here so we can got a contract with the State. Mr. Fisher cannot understand the reluctance of the State to enter into such a contract. He feels we should start at .Juneau and work down, go to the Governor, the Division of Corrections and the Dept. of Health and Welfare. Mayor Elson stated he spoke with Bob Palmer about this. They will consider a program that will relieve duplication and increased cost. The cost has to be reasonable. Mr. Fisher also spoke on a proposal for additional revenue that he would throw out as a suggestion. With the increase in the tax base, he feels the Borough could relinquish some of its present sales tax claim, retreat from the present 31 to 2% or 18 and leave the other available for the cities. Mayor Elson stated when the Mayors met, this was discussed as an informal topic. i i 9 I MINUTES, KENA I CITY COUNCIL Mlils'1' ING, APR I I. 2, 1975 Page t hr-ce D: MINUTES 1. The Minutes of the Regular Moctiug of March IF, 1975, were approvud as distributed. E: CORRESPONDENCE E - 1: Petition - Dog Control Oscar 'Thomas stated the petition is self explanatory and the 125 people who signed it felt it was timely to present the petition for the up -coming budget. P: OLD BUSINESS I i P - 1: Conservation Zone Mr. Lynn showed on a map the area the Planning & Zoning recommend for a Conservation Zone. lie also stated the City received a i letter from Paul LoRoux of the Dopy rtmont of Fish & Came. lie has offered his assistance and stated there may be Federal. Aid monies available for improvements to the area that will attract more birds and provide facilities for public use of the area. He asked the area not be closed to the discharge of shotguns as 1) closing the area to hunting will not improve the area; 2) there is not conflict between hunters and non -hunters; 3) the boundary would have to be posted each year as high winter tides would destroy them; and 4) there is very little Ru"nting in the area. S Oscar Thomas stated he would have to speak against closing the f area to duck hunting as this has been a historic area for duck l hunters. Before the bridge was let for bids an Environmental. Impact Statement was filed and proper steps have already boon taken. The City Attorney stated the City has an ordinance prohibiting the discharge of firearms within one mile of the Post Office. The State law prohibits the discharge of firearms in cities unless the City specifically allows by ordinance. * Steiner 1n slow. Mayor Elson stated our Conservation Zone does not have the broad scope some people think. Doyle left at this time. After some discussion, Morgan moved and Steiner seconded to direct the City Manager to request the Borough to draw up an ordinance zoning this area Conservation Zone. The motion carried by roll call vote with Thomas dissenting. M1NUTI'S, KIINAI CITY CUIINC1I, Mlils'1'1N(;, APRlL 2, 1975 lInge fottr G. NEW IIUSINESS G - 1: Bills to be paid - hills to be ratified None. G - 2: Ordinance 259-75 - Consumption of Intoxicating Liquor In Public FT aces Stainer moved and Morgan seconded to introduce Ordinance 259-75 - Consumption of Intoxicating Liquor in Public Places. The motion carried by roll call vote with Ambarian dissenting. G - 3: Resolution 75-09 - Need for an Additional Radio Station Mr. Lynn stated the City received a request for a Resolution to be presented to Council but we have no letter or document backing this up. Mayor F,lson stated he asked this not be put on the Agenda unless there was accompanying documentation. He asked if. there was any objection to tabling this until there is support documents. There was no objection. G - 4: Resolution 75-10 - Supporting House Bill 293 Mr. Lynn stated this bill was introduced by Representative Malone and is a mini revenue sharing bill. Ambarian moved and Thomas seconded to adopt Resolution 75-10 - Suppporting House Bill 293. The motion carried by roll call vote Frith Morgan dissenting. G - 5: Resolution 75-11 - Opposing Senate Bill 154 Mr. Lynn stated that three years ago the Public Employees Relations Act gave the municipalities the option of ppting out. Senate Bill 154 abrogates the right of municipalities to opt out. Morgan moved and Steiner seconded to adopt Resolution 75-11. The motion carried by roll call vote with Ambarian dissenting. G - 6: Resolution 75-12 - Flood Prone Areas Mr. Lynn stated this Resolution will enable the City of Kenai to participate in the National Flood Insurance Program. This insurance is mandatory if people in the flood prone areas received loans. He recommends passage of Resolution 75-12 and notify H.U.D. we are participating in the program. After some discussion, Steiner moved and 'Thomas seconded to table the Resolution for further study. There was no objection and was so ordered. MINUTES, KI;NAI CITY COUNCIL M1;1:'1'1NC, AP1 I1, 2, 1975 "age. fivc G - 7: Resolution 75-1.3 - Intrafund Transfer Mr. Lynn stated this is to transfer funds within the finance Department budget for Professional Services. This is to contract services to prepare audit schedules to reduce money spent on the audit and also to work on the assessments. Morgan moved and Steiner seconded to adopt Resolution 75-1.3 - Intrafund Transfor. The motlan carried unanimously by roll call vote. G - R: Revised Grant Application - Municipal Park Expansion This is a revised agreement with B.O.R., subject to repayment of all funds granted under this agreement if. the Peninsula Oilers or any other similar baseball organization has not permanently terminated the use of the sports field by September 1976. Steiner moved and Thomas seconded to enter into an amended agreement with B.O.R. The motion carried unanimously by roll call vote. H: REPORTS City Manager's Report (a) Discussion - Fine Arts Lease Mr. Lynn stated that in March 1973, Council approved a lease for the old public safety building for use by the Fine Arts Council for a two year period. The City was to provide the insurance and utilities not to exceed 2 years. After some discussion, Steiner moved and Morgan seconded to direct Administration work with the Fine Arts Council and draw up a new lease on a year to year basis and Administration fully °.1 evaluate the property in the next year and report back to Council. After more discussion, Thomas moved and Ambarian seconded the City Manager be instructed to meet with the Fine Arts Council and enter into an agreement on a month to month basis. The amendment failed by roll call vote. The main motion carried by roll call vote with Ambarian dissenting. (b) Discussion - C.A.P. hangar Mr. Lynn reported the City pays for the utilities at the C.A.P. Hangar and wants guidance to see if Council wants to continue paying the utilities. Mayor Elson stated we need the history. = Councilman Thomas stated this goes back 5 or 6 years. Councilman Morgan asked how much money are we talking about with the C.A.P. and Fine Arts utilities. Ambarian moved and Steiner seconded to table any action. There was no objection and was so ordered. ! '��.. - - --•:: �'iE.:..�� �=<__�_�.._ - "� ' .-,ter: MINUTLS, KENA1 CITY CUUNCII, M11111'ING, APRIL 2, 1975 S-,age six 11 - 1 - City Manager's Report - continued .� Mr. Lynn asked Council it' there were any objections to moatIng in a work session tonight after the regular meeting to go over, the monthly financial statement. There were no objections. C - 2: City Attorney's Report Mr. Baldwin stated Council passed a Resolution two years ago agreeing to give the Kenai Native Association approximately 50 lots for low income housing. This still ties up the land. Mr. Lynn statod Manning & Zoning recommend this parcel be sold after subdivided. Mayor Elson felt this should be put on the next agenda and to so advise the Kenai Native Association. There was no objection to putting this on the next agenda. Mr. Baldwin spoke with Sam Best and he advised him the Borough Planning Commission have Resolution 75-2 up for consideration. It is very precise instructions on implementing the Zoning Ordinance. Mr. Baldwin also reported the Ci.ty's insurance covers functions such as the Friday evening recreation program. The recodification is going to press. Mr. Baldwin took the recommendations from the work session and incorporated them in the code. Hopefully there will be a draft for the next meeting for public review and.input. H - 3: Mayor's Report i Mayor Elson reported the bill on full financial disclosure was - passed and signed by the Governor. He stated we will got a copy of the bill and see how it affects us. Mayor Elson stated Homer was a dog ordinance that a dog must be on a leash or under control and if not the owner can be cited and fined. Councilman Thomas felt dog control should be brought up at budget time. Mayor Elson stated there has been only three persons suggested for the Harbor Commission. if there is no further interest we won't go any further. H - 4: City Clerk's Report No report. H - S: Finance Director's Report Mr. O'Connor stated he has nothing to report only requests a work session after the regular meeting. y��iP11�i1(IT�IF�yilMli�:i�YW/AMI10 �1�iL=+i1�' MINUTES, K11NA1 CITY COUNCIL M11111ANC, APRIL 2, 1975 11111;e scvert If - G: Planning & Zoning's !to vort Councilman Ambarlan reported on the Planning Commission Meeting of March 26, 197S. N - 7: I: I - 1: wr{ Two public hearings are sot for April 23rd far conditional use permits for gravel pit expansions for Cnostor tone and Robert liorgon. Michael Rowden and Robert Holt asked for a permit to have a workshop and home on their pro oty in 'Thompson Park. The Commission took no action as No application was within the bounds of the City Ordinance and would not roquiro,Comrhisfiion input. The Commission rovIew the applications of land nominations and made their recommendations. Borough Assemblymen's Meeting Assemblyman Steiner reported on the Assembly Meeting of April 1st. Ordinance 75-19 - making a supplemental appropriation to the North Peninsula Recreation service area in the amount of $200,000, passed. A Resolution opposing H.B. 293, passed. The School Board presented the proposed budget which reflected a 1S.9S salary increase. Administration and the Assessor will be introducing an ordinance imposing Borough Sales Tax oa all bank services. Councilman Morgan stated Assemblyman Johnson is going to introduce an ordinance repealing all sales tax. Councilman Morgan felt the Borough has a rather high property tax and should leave the safes tax to the cities. Councilman Steiner felt the Administration should be directed to write to our Assembly representatives and to all the Assemblymen stating our feelings. Assemblyman Steiner stated he spoke with Johnny .Johnson and it looks like our two police cars will be hero ahead of schedule. PERSONS PRESENT NOT SC11L'DULLD TO BL' HEARD Phyllis Morin Mrs. Morin stated when the Council has the work session on the recreation budget, she would like to see how it is spent and give input. She would like to moot with the City Manager soon and she will bring letters from the various organizations that use the facility. 1 now MINUTES, KENAI CITY COUNCIL MELTING, API2I1, 2, 1975 11age eight I - 2: Oscar Thomas Councilman 'Thomas asked if the highway lights can be turned on now. Mr. Lynn stated he spoke with lick Dock and he said they could be, it is just a matttor of turning them on. I - 3: Beverly 1$illio Mrs. Fillio stated there is a need for a dogcatcher and needs some facility thereafter, where the dog goes and what is done with them. I - 4: Richard Morgan Councilman Morgan inquired about the memo concerning the emergency water well. Mr. Lynn stated this test well is 50' from the production well. The now well would take all of the bond money. This would be only an emergency well and we would still proceed to get money for a new well. MEETING ADJOURNED 10:30 P.M. Respectfully submitted, 1 ' S'� li, City Clork