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HomeMy WebLinkAbout1975-05-07 Council Minutes/T W. �i11�1�..1� � n•r7� '^I � 7 ssrr A A G E N 11 A HUGULAR MIlI!'1' 1 NG, KflNA 1 CITY COUNCIL MAY 7, 1975, 5:00 I'.M. PUBLIC SAITTY 111111,IIING �T PLEDGE OF ALLEGIANCE C A; ROLL CALL. AGI!NDA APPROVAL i i BI PUIILIC HEARINGS CI PERSONS PRESENT SCHEDULED TO BE HEARD- 1. Chester Cone Delete 2. Bill Quandt 1.2 3. Peninsula Oflorn 2-4 4, Chambor of Commerce 4 S. CIII Owens - Youth Longue Football 4.5 DI MINUTES f 's J. Minutes of Regular Meeting of April 16, 197S. 5 III CORRESPONDENCE! 1. Council on Aging S 2. Robert L. Borgen 5 3. Choster If. Cone 5 PI OLD BUSINH138 1. C.A.N. Hangar 5-6 2. ' 4. E 5. 7. as NEW BUSINESS u 1. Bills to be Paid - bills to be ratified 2. Appointment Acting City Clark 6 I i•r of Ordinance item 1 3. 261.75-Coiling on purchased without Delete rior Council approval 4. rdinan►e 7 62.75-Dischargo of .&roarms within the 6City ; i S. Ordinance 263.75•Providing for penalties for violations 6 of Airport rules and regulations 6. Resolution 75.20-11aasibility study-aosassmont district 7 y TiakOr Lanes Area � ° �•�r 7. Resolution 75.21.Opposing Houso Bill 69 7. S. Resolution 75.22-Munic1pal Reserve ' 7 9. Bindors and Dividneto for now City Code 10. Sunpfemontal Agr000tsist No. 2•Airpo006aeurity Fencing 7 r 7-8 11. pf4P.0' i of Air orf' Land p i tI 12, Ratification of vlr.nning Commission member, 8 13, Rdsolution'15-23 Commftmont of Maint. Forrest Dr. $ f, i 14. Redoubt Ave. 15. ' ° 10. j 17. 18. 19, l If. REPORTS {; 1. City Manager's Report a' 9 - -- b. c . d. 2. City Attorney's Report 9 G 3. Mayor's Report 10 4. City Clerk's Report 5, Pinanco Director's Rolforl 6. Planning 4 Zoning's Royort' 10 10 10 { f I 7. Borough Assemblyman's Report 10 ' Is PERSONS PRESENT 140T SCHEDULED TO BE HRAI(ti s 1. Mrs. Beverly 1111110 11 j 2. ` '� i ,1 i i l} MINUTES REGULAR MEETING KENAI CITY COUNCIL MAY 7, 1975 8:00 P.M. PUBLIC SAFETY BUILDING The Council gave the fledge of Allegiance ROLL CALL: Members Present: Edward Ambarian, .lames Doyle, A. L. u son, fircMaTJ Morgan, If. J. Steiner, Oscar Thomas*, and James Elson. *In late Members Absent: None AGENDA APPROVAL There were no objections to the addition or deletion of the following items to the Agenda, C-1 Delete Chester Cone ` C-5 Add Cal Owens (Youth League Football) 4 G-3 Delete Ordinance 261-75 - G-13 Add Resolution 75-23 G-2 APPOINTMENT OF ACTING CITY CLERK Due to the resignation of City Clerk Sharon Loosli, o Mayor Elson recommended to the Council that Sue Peter ; be selected as Acting City Clark. Councilman Steiner moved and seconded by Councilman Ambarian that Sue Peter he appointod Acting City Clork. _ The motion passed unanimously. Mayor Elson presented Mrs. Loosli with a Certificate of Appreciation and an orchid arrangement on behalf of the City Council. B: PUBLIC HEARINGS There were no Public Hearings scheduled. __-- C: PRESONS PRESENT SCHEDULED TO BE HEARD C-2 Mr. William Quandt _ Mr. Quandt advised Council that he has purchased 19 lots' in the Ahlstrom SID and would like to get City water and sewer to these lots in order to proceed with construction of residences. Mr. Quandt stated he had been advised by r MINUTES, KHNA1 CITY COUNCIL. MHUTING, MAY 7, 1975 PAGE 2 (C-2 - Mr. William Quandt -- continued) Administration in order to get water and sewer, it would require a petition to be presented to Council with signa- tures of over 50% of the property owners in the area. Mr. Quandt stated that he had bought the lots from the majority of the adjoining property owners and wanted the City to stand the expense of putting in water and sewer. Mr. Quandt was advised that the cost of improvements, such as water and sower, would be the responsibility of the property owners. Councilman Morgan requesteu that a map be prepared showing the area and a further in-depth report from City Admini- stration be presented to Council. Councilman Steiner directed the Administration to prepare a Resolution regarding the Assessment District in question. C-3 Peninsula Oilers Mr. Vincent O'Reilly,roprosenting the Peninsula Oilers baseball team, came boforo the Council for approval of r payment in the amount of $12,000 to the Oilers to help them moot their prossin bills. Mr. O'Reilly stated that the Oilers had boon wor ing with City Administration and the Grant had been applied for through the Bureau of Out- door Recreation and monies would be forthcoming upon verification of expenditures, etc. However, it takes time to receive federal funds and Mr. O'Reilly felt that the creditors had boon overly delayed as it was in receiving payment. *Councilman Thomas in at this time. Mr. O'Reilly further stressed the importance of the Peninsula Oilers to the City as they provide both adult and youth recreation, create business activity, generate tax revenues and that the Peninsula Oilers are self-supporting and add to the City's tax revenue. He, therefore, requested that if the Council found the foregoing acceptable, to please grant an advance payment to the Oilers to help them meet their more pressing financial obligations. Mr. Tim Holt spoke in support of the Oilers and their contribution to the community in areas of assistance to Little League, Pony League, Babe Ruth, etc. and the Oilers had the greatest attendance from the public of any organized recreational activity in the City of Konai. M MINUTUS, KIINAI CITY COUNCIL, MINTING, MAY 7, 1975 PAGH 3 (C-3 - Peninsula Oilers -- continued) Also speaking; in support of the Peninsula Oilers, Mr. Nols Kjolstad stated that there had boon a groat deal of community support and volunteer assistance for the Oilers 'roam and prior financial commitments in behalf of the City by tho Council had boon very much appreciated and the Oilers would like continued support particularly in rogard to helping the team out of debt. General Manager, Max Swearingen, emphasized that the money being asked for was not operational money for this season but to clear up prior commitments. The Oilers will carry their own weight this year through advertising, ticket sales, otc. However, it is important that the creditors are paid as soon as possible and if the monies were taken out of the operational fund, it would put tho team in a financial bind for this season. Mr. O'Reilly summarized in stating that he hoped the testimony presented by various members of the community would prove that the Oilers activities are beneficial to the City of Kenai. Councilman Steiner asked for clarification of one point in that is it correct that the Grant has boon applied for and approved by BOR and that the Oilers are asking for a pro-paymont before funds are received from BOR to the City? Administration concurred but advised that funds would not be forthcoming without verification of completion of projects approved by the BOR. Mayor Elson reiterated that the City had committed $20,000 and that $15,000 has boon paid out for lighting of the ball park. At the January 8, 1975, Council Meeting, $5,000 remittance was approved to the Oilers with certain stipu- lations to be met prior to payment. The $5,000 has not been paid to the Oilers as the conditions have not boon satisfied. Mayor Elson read that portion of the minutes of the mooting of January 8, 1975, which referred to the $5,000 payment to the Oilers and the conditions requested. Councilman Thomas stated that he had attended a recent meeting of the Board of Directors of the peninsula Oilers and one point must be made and that is the City has not asked the Oilers to transfer ownership of the ball park but that the City has asked them to relinquish rights to it. City Attorney, C. R. Baldwin, also advised Council that there was no alternative other than the City preceding with bid requirements as the City cannot outright purchase the fence at the ball park without going through propor procedures. i MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 (C-b - Peninsula Oilers -- continued) PAGE 4 Councilman stoinor moved, seconded by Thomas, that the $5,000 be paid to the Oilers as authorized in the January A, 1975, meeting, without further delay. After discussion, Councilman Steiner withdrew his motion with consent of second. Councilman Hudson stated he felt that the Oilers should come up with money to pay their debts to roceivo clear title from their creditors -- perhaps borrow money, etc.? Max Swearingen stated that the hills had been submitted to the City to be included in the Grant application to the BOR in January of 1975 and it wasn't the fault of the Oilers nor the vendors that the Grant was delayed. Councilman Steiner moved, seconded by Councilman Morgan, that the Council authorize payment to the Oilers in the amount of $12,OCO and in return the City receive a clear title to purchases for the ball park. Motion failed duo to a tie in roll call vote. `doting yes; Morgan, Steiner, and Elson. Voting no; Ambarian, Hudson, and Thomas. Doyle temporarily absent. Furthor discussion followed with reiterating comments that something must be done at this time. Steiner moved, seconded by Hudson, that Council go ahead and Authorize payment of $S,000 at this time without any conditions and upon receipt of BOA funds, the addi- tional $7,000 will be paid contingent upon free title in exchange. The motion carried by roll call vote. Voting yes; Doyle, Hudson, Morgan, Steiner, Elson. Voting no; Ambarian and Thomas. C - 4 Chamber of Commerce Gail Glad, representing the Kenai Chamber of Commerce, presented two resolutions endorsed by the Chamber of Commerce in support of the Peninsula Oilers. C - S Cal Owens - Youth League Football Mr. Owens requested that Council authorize $5,000 to re- seed, clean up, etc. the fields used by the Youth League Football and various Little League groups. Mr. Owens had �J not gone to Administration prior to the Council and was so advised that this was the proper direction to take. MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE S (C - 5 -- Cal Owens, Youth League Football -- continued) Councilman Morgan asked the Finance Director if there wero funds still available in the budget for recreational uses and was advised that it would be determined as to the exact amount and reported at the next meeting. Also, the BOR has indicated that they would like projects such as the fields, etc. completed and bills submitted. Councilman Steiner asked for a report on the status of these projects at next meeting. D: MINUTES The minutes of the Regular Meeting of April 16, 1975, were approved as distributed. E: CORRESPONDENCE E-1 Mayor Elson read a letter from members of the Council on Aging thanking the Council for its support. ` E-2 Letter from Robert L. Bergen appealing action of the Planning & Zoning Commission at their hearing on his gravel pit expansion. Hearing date set for May 21, 1975. E-3 Letter from Chester H. Cone appealing the decision of the Planning & Zoning Commission regarding his application for Conditional Use Permit for expansion of gravel pit. Hearing date set for May 21, 1975. F: OLD BUSINESS F-1 C. A. P. Hanger Administration reported that the original agreement between the City and the Civil Air Patrol dial stipulate the City would erect the hangar, extend water/sewer (which has not been done), etc. but did not state that the City would pay for heating and electricity. Administration asked if Council wished to continue subsidizing this organization. Jack Conright, CAP Commander, advised the Council of the many worth -while projects the Patrol was involved in including search and rescue, civil defense, and organized youth activities. Councilman Steiner stated he felt that the City should continue to furnish utilities for this year and future financial support should be reflected in the proposed budget for 1975-76. Councilman Morgan asked that Administration check to see that all commitments as originally agreed upon by the I II■ MINUTES, KBNAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 6 (I7-1 - CAP Hangar - continued) City with the CAP are complied with or status of same. G: NEW BUSINESS G - 1 Bills to be paid - bills to be ratified Councilman Doyle moved, seconded by Councilman Ambarian, for the approval of payment of the bills and the ratifying of payment of bills as listed on the memo of May 7, 1975. The motion carried unanimously by roll call vote with Councilman Doyle abstaining on the Doyle's Fuel Bill and Councilman Thomas abstaining on the KUSCO bill. G - 3 Ordinance 261-75 - Ceiling on items purchased without prior Council approval. Deleted from agenda with Council approval. G 4 Ordinance 262-75 - Discharge of firearms within the City limits. In general, Council members felt that the Ordinance should stipulate certain conditions wherein firearms could be discharged within the City limits in designated areas only, and directed the City Attorney to prepare an Ordinanc& that would exempt specific locations. b Councilman Doyle stated he felt that these areas should d be selected during a work session of the Council. Ordinance 262-75 tabled with consent of Council. i G - 5 Ordinance 263-75 - Providing for penalties for violation -�? of airport rules and regulations. This Ordinance was drawn up at the request of the Kenai +' Tower Chief to provide for penalties for violation of airport rules and regulations. Councilman Steiner moved, seconded by Councilman Morgan, - for the introduction of Ordinance 263-7S. Motion passed unanimously with roll call vote. 1 _ ,_ _ .r •,rya.,... - 15�LaG� MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 7 G - 6 Resolution 75-20 - Feasibility study Assessment District n or Lane Area `v -- Councilman Steiner moved, seconded by Councilman Doyle, for Administration to proceed as outlined in Resolution 75-20. Motion passed unanimously by roll call vote. G - 7 Resolution_75-21 - Opposing house Bill 65 Councilman Morgan moved, seconded by Councilman Doyle, for adoption of Resolution 75-21. Motion withdrawn, with approval of second, as additional information, etc. was required for study by Council. Councilman Steiner moved, seconded by Councilman Thomas, to table Resolution 75-21. Motion passed with roll call vote. Voting yes; Ambarian, Doyle, Steiner, Thomas. Voting no; Hudson, Morgan and Elson. G - 8 Resolution 75-22 - Municipal Reserve Administration introduced this Resolution to retain certain lands for future construction of State or City offices. Suggested it be zoned for Municipal Buildings. No action taken on Resolution 75-22. G - 9 Binders and Dividers for new City Code City Attorney Baldwin advised that the City Code would be put into 3-ring binders which could be easily removed upon revision, etc. The price of the binders will exceed $500. Councilman Hudson moved, seconded by Councilman Steiner, that the necessary binders be purchased. The motion passed unanimously by roil call vote. G - 10 Supplemental Agreement No. 2 - Airport Security Fencin The completion date of the airport security fence has been moved from November 1974, to July 1975. The City caused the delay in construction as contractor was ordered to stop to verify location of fence across certain lands. Council asked if contractor would have any claim to addi- tional monies because of the delay by the City. Admini- stration advised that there would be no demands for additional monies. I I I 11 MINUTES, KENAI CITY COUNCIL muTING, MAY 7, 1975 PAGH 8 '14, (G-10 - Supplemental Agreement No. 2 - Airport Security Fencing - cont'd.) Councilman Steiner moved, seconded by Councilman Doyle, for approval of Supplemental Agreement No. 2 - Airport Security Fencing with the stipulation that no additional cost be occasioned. The motion passed unanimously by roll call vote. G - it Disposal of Airport Lands Administration asked approval from Council for the inclusion of Parcel #199 to the brochure of City owned lands for sale or lease. This parcel will be made available for lease. It was also advised that this parcel would not necessarily be leased as a whole unit. Councilman Steiner moved, Morgan seconded, that the City go ahead with the inclusion of Parcel #199 in the State Land Sale. Motion passed unanimously. G - 12 Ratification of Planning Commission Member Duo to the resignation of Jon Nelson from the Planning Commission, Nick Miller and Sol Raymond were nominated to fill Mr. Nelson's term on the Commission. Sol Raymond was selected. His term on the Commission will run to January 1, 1977. Commission member Beverly Fillio was selected to replace Jon Nelson as Kenai's representative to the Borough Planning Commission. G - 13 Resolution 75-23 - Commitment of Maintenance of Forrest Drive and Redoubt Avenue A similar resolution was passed by Council last Fall and this is just a re -emphasis that the City will assume responsibility of these streets once the State paves and develops the drainage system of both Forrest Drive and Redoubt Avenue. Councilman Steiner moved, seconded by Councilman Ambarian, for the adoption of Resolution 75-23 - Commitment of Maintenance of Forrest Drive and Redoubt Avenue. Motion passed unanimously with roll call vote. Councilman Ambarian directed Administration to prepare a similar resolution stating the City would assume responsi- bility if the State would pave and develop the drainage system for Beaver Loop Road. a: MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 9 REPORTS 1 City Manager's Rovort Mr. Lynn reported that Administration had been working almost exclusively for the past two weeks on the proposed budget and is in a position to present the proposed bud$ot at a work session Thursday, May 7, 7:30 p.m. in the City Manager's Office at City Hall. Administration is also in the process of preparing the Impact Statement to obtain State funds and will submit the State- ment upon its completion to Juneau. Well House No. 2 (vital to Piro emergency service) flooded Tuesday evening. The problem stemmed from a culvert that had not been drained with the run-off. The Public Works Department is still pumping it out to salvage pumps, motors, etc. H - 2 City Attorney's Revert Mr. Baldwin reported on the meeting with FAA officials in Anchorage. The FAA was very adamant that on all FAA lands transferred to the City, the City must follow stipulations that the land be leased for "Fair Market Value". The City must adhere to this requirement in all cases. The Recodification has been presently been delayed until other City legal matters can be cleared up. The Council will act as a Board of Adjustment on May 21, to hear appeals of applicants for variances for gravel pit expansion. The City has filed condemnation proceedings to obtain access to the gravel pit. Notices have been sent out regarding ambulance billings long overdue. Notices are being sent out regarding assessment delinquencies on Districts 4, S, 6, and 7. Substantial money is involved. There is no change in the Kenai Home Owners Association or in the George Filler case. City Attorneyy Baldwin tendered his resignation as City Attorney to be effective June 30, 1975. Council requested Mr. Baldwin to advertise V-e position as soon as possible and screen candidates for the position. t MINUTES, KENAI CITY COUNCIL WHITING, MAY 7, 1975 H - 3 Mayor's Report PAGE 10 Mayor Elson reported he had sot up a conference call with Administration and/or Mayors from the cities of Isomer, Seward, Soldovia and Soldotna on Friday regarding Borough Mayor Stanley Thompson's Budget Message. It was the con- sensus of all that there was no problem with regard to a $10,000 value residential property exemption, however, reducing mill levy and sales tax was not beneficial. H - 4 City Clerk's Report None H - S Finance Director's Report Mr. O'Connor reported that a CPA had boon hired to aid in special projects which are of financial benefit to the City such as development of assessment rolls for foreclosure, past -duo wator/sewer billings, miscellaneous receivables and Grant receivables. Special projects should be finished by Juno 30. c: Mr. O'Connor also advised the Council that the interest rate of TCD's are going down. H - 6 Pl Asaina 4 Zoning Commission Report Councilman Ambarian reported the Planning Commission mot on April 23, 1975. The Commission held two Public Hearings on gravel pit expansion and recommended denial of both. The applicants for the Conditional Use Permits wore advised that they had ton days in which to appeal the decision and upon thirty days after appeal, would go before the Council, who would act as a Board of Adjustment. H - 7 Borough Assomblymen's Report Councilman Steiner reported that Borough schools and acquisition of land for school use was the main item of interest on the agenda. The Borough has set up a work session on the budget for next week. a� j • MINUTES, KENAI CITY COUNCIL, MAY 7, 1975 PAGE 11 I PERSONS PRESENT NOT SCHEDULED TO BE HEARD if - 1 Mrs. Beverly Fillip - Paving of Forrest Drive Mrs. Fillio asked if Administration had received definite word from the State Highway Department as to the paving of Forrest Drive. She was advised that no definite commitment had boon made by the State. There being no further business, the meeting adjourned at 11:45 p.m. Respectfully submitted, 9 C. Peter, Acting City Clork � R . r'