HomeMy WebLinkAbout1975-05-07 Council Minutes/T
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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
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PLEDGE OF ALLEGIANCE
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A;
ROLL CALL.
AGI!NDA APPROVAL
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PUIILIC HEARINGS
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PERSONS PRESENT SCHEDULED TO BE HEARD-
1. Chester Cone
Delete
2. Bill Quandt
1.2
3. Peninsula Oflorn
2-4
4, Chambor of Commerce
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S. CIII Owens - Youth Longue Football
4.5
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MINUTES
f
's
J. Minutes of Regular Meeting of April 16, 197S.
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III
CORRESPONDENCE!
1. Council on Aging
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2. Robert L. Borgen
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3. Choster If. Cone
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PI
OLD BUSINH138
1. C.A.N. Hangar
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NEW BUSINESS
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1. Bills to be Paid - bills to be ratified
2. Appointment Acting City Clark
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i•r
of
Ordinance item
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3. 261.75-Coiling on purchased without
Delete
rior Council approval
4. rdinan►e 7 62.75-Dischargo of .&roarms within the
6City
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S. Ordinance 263.75•Providing for penalties for violations
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of Airport rules and regulations
6. Resolution 75.20-11aasibility study-aosassmont district
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TiakOr Lanes Area � ° �•�r
7. Resolution 75.21.Opposing Houso Bill 69
7.
S. Resolution 75.22-Munic1pal Reserve '
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9. Bindors and Dividneto for now City Code
10. Sunpfemontal Agr000tsist No. 2•Airpo006aeurity Fencing
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7-8
11. pf4P.0' i of Air orf' Land
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12, Ratification of vlr.nning Commission member,
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13, Rdsolution'15-23 Commftmont of Maint. Forrest Dr. $
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14. Redoubt Ave.
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REPORTS
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1. City Manager's Report
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b.
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d.
2. City Attorney's Report
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3. Mayor's Report
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4. City Clerk's Report
5, Pinanco Director's Rolforl
6. Planning 4 Zoning's Royort'
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10
10
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7. Borough Assemblyman's Report
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PERSONS PRESENT 140T SCHEDULED TO BE HRAI(ti s
1. Mrs. Beverly 1111110
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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
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C-5 Add Cal Owens (Youth League Football)
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G-3 Delete Ordinance 261-75
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G-13 Add Resolution 75-23
G-2
APPOINTMENT OF ACTING CITY CLERK
Due to the resignation of City Clerk Sharon Loosli,
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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.
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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.
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C:
PRESONS PRESENT SCHEDULED TO BE HEARD
C-2
Mr. William Quandt
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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
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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.
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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.
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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
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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.
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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,
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for the introduction of Ordinance 263-7S. Motion passed
unanimously with roll call vote.
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_ ,_ _ .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.
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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.
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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.
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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.
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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
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