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HomeMy WebLinkAbout1975-06-18 Council Minutes3 REGI)LAR MEETING, KENAI CITY COUNCIL. JUNE N , 1975 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALI.j°GIANCL'. j ) A. ROLL. CALL: AGENDA APPROVAL. B. PUBLIC HEARINGS - 1. Mr. Chester If. Cone - Gravel Pit Expansion i 2. Mr. Robert L. Borgen - Gravel Pit Expansion 3. Existence of Public Nuisance 4. Ord. 265.75 - Amending, definition of ,"Taxicab" and establishing size and body style restrictions for taxicabs. i C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mrs. Francis Mceks - City culverts 2. 3. D. MINUIES s 1. Minutes of the Regular Meeting of May 21, 1975 ' 2. Minutes of the Regular Meeting of June 4, 1975 i� E. CORRESPONDENCE 1. Mrs. Mary E. Willets, Mayor's Council on History f, Tradition 2. t F. OLD BUSINESS 1. Resolution 75-24 - Fixing Taxicab Rates for the City of Kenai. f4 2. Council Approval - Sale of FAA Housing Inventory 3. Council Approval - Final Plan - Kenai Community Library 4. Payment to Engr. Consulting Firm - Airport Lighting Project ; _- -_- S. Payment to Engr. Consulting Firm - Airport Fencing Project ? 6. Payment to Engr. Consulting Firm - Airport Fencing Project 7. t'lildwood Police $ Fire Contract .� G. NEW BUSINESS 1. Bills to be paid - bills to be ratified , 2. Resolution 75-28 - Intrafund Transfer 7:; 4 3. Lease of Airport Lands Or Facilities - Sea -Land Freight Service,Inc', Project •r.'' 4. Final payment to contractor'- Airport Fencing S. Approval of Council - Purchase of repair parts for Loader. } 6. Confirmation of appointment of new City Attorney 7. Council approval - Library construction grant agreement ;..'' S. Resolution No. 75-29 - Schedule of Fines $ Charges 4 for Kenai Community Library. 9. Lease of Airport Lands or Facilities -Raven Transit. I 10. Lease of Airport Lands or Facilities - Robert S. Britt. 11. Council approval - Sale of surplus and unclaimed vehicles. �,.Al 12. Kenai City Development, Inc. Annual Shareholders Meeting Representation of City by Mayor - Council approval. H. REPORTS --- 1. City Manager's Report 2. City Attorney's Report T f' 3. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 6. Planning b Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report ! 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. S. a 1' MINUTES REGULAR MEETING KENAI CITY COUNCIL JUNE 18, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING The Council gave the Pledge of Allegiance. ROLL CALL: Members present: Ambarian, Hudson, Morgan and Elson. Members absent: Steiner, Thomas and Doyle AGENDA APPROVAL: The following additions were approved by the Council. C-1 Mrs. Francis Meeks - City Culverts E-1 Mrs. Mary E. Willets G-8 Resolution No. 75-29 - Schedule of Fines $ Charges for Kenai Community Library G-9 Lease of Airport Lands or Facilities - Raver, Transit G-10 Lease of Airport Lands or Facilities - Robert Britt G-11 Council approval - sale of surplus $ unclaimed vehicles G-12 Kenai City Development, Inc. Annual Shareholders Meeting - Council representation Lam► B: L� PUBLIC HEARINGS B-1: Mr. Chester H. Cone - Gravel Pit Expansion - Council sitting as Board of AdjustmeiFt— mayor Bison rea a memorandum from the City Attorney regarding procedures, etc. to be considered during the hearing on the appeal of Mr. Cone. The Mayor then opened the meeting to the public. Mr. Chester H. Cone stated his reasons for appealing the decision of the Kenai Planning $ Zoning Commission in their denial of granting him a Condition Use Permit for expansion of his gravel pit. Mr. Cone advised that in his estimation the overall economic benefits to the City and to the Borough would be great in the taxes and fees paid, with the construction increase in the area, there is a great for need gravel and Mr. Cone further stressed the fact that he would restore the area at the completion of the project as required by the Council. Mr. Cone asked the Council for favorable vote The following residents of the area in question spoke in Opposition of the gravel pit: Mrs. Phyllis Morin, Mr. Waldo Coyle, Mr. Henry Johnson, Mr. John Oldemeyer, Mrs. Grace Shook, Mrs. Esther Borgen, Mr. Robert Bailey, Mr. Franz Plagge, Mrs. Janet Bailey, Mrs. Beverly Fillio. The consensus of opinion of those in opposition was that the trucks traveling to and from the gravel pit would cause a dangerous traffic hazard, the gravel pits, when excavated, left large deep holes in which water would form and create a situation w. . MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGE 2 B-1: wherein children playing in and around the pits may accidentally drown, and the residents also felt that a residential area zoned as such should not be used for such purposes as construction, excavation facilities, etc. as it would not be beneficial to the neighborhood nor add to its appearance. Mayor Elson brought the meeting back to the Council table and asked Councilman Ambarian if he had any conflict of interests in the matter. Councilman Ambarian advised that he had none and wished to vote. Councilman Morgan asked Mr. Cone to explain the screening strip that he proposed. Councilman Morgan also stated he felt that certain individual rights were involved in this matter in regard to both the property owners and the owners of the proposed gravel pits. The owners of the property should have the right to do with their land as they chose providing that sufficient protection is guaranteed to the adjacent property owners. Councilman Morgan felt the permit could be issued providing that a performance bond is required so that at completion of the project the pits would be returned to a safe and attractive state and not just abandoned as in so many cases. If the permit is issued, it should be highly restrictive. Mayor Elson asked the City Attorney if the Council, in issuing a permit, could set certain conditions? City Attorney, C. R. Baldwin, advised that the Council should be able to attach conditions in the interest of the people. Mayor Elson asked Mr. Cone of the location of other sources of gravel in the City and the life expectancy of a gravel pit. Mr. Cone - pits in use now are used primarily for concrete and would be exhausted within five years with the present building trends. Councilman Ambarian --"This is the third meeting on the gravel pits and no one is attacking the present operations". Councilman Ambarian's main objective is that the property MOTION was bought in the last couple of years. Councilman Ambarian moved that the Council uphold the Kenai Planning & Zoning Commission's decision and deny the Conditional Use Permit to Mr. Chester H. Cone. Councilman Morgan seconded the motion. The motion failed in roll call vote. Voting yes; Ambarian.Voting no; Hudson, Morgan and Elson. Councilman Hudson stated he felt that the Council should set forth enforceable conditions, etc. MOTION Councilman Hudson moved, seconded by Councilman Morgan, that the matter of the appeal of Chester H. Cone be tabled until a suitable plan for reclamation and restoration has been developed. Motion passed by rol! call vote. Voting yes; Hudson, Morgan and Elson. Voting no; Ambarian. i i i ■ Elm n MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGE 3 B-2: Mr. Robert L. Borgen - Gravel Pit Expansion --Council sitting as Board of Adjustment ayt� or bison again read the memorandum from the City Attorney outlining the legal standards to be followed during the hearing. Mayor Elson then opened the meeting for public hearing. Mr. Robert L. Borgen, River Bend Rock $ Sand, Inc., requested that the Council rescind the decision of the Kenai Planning $ Zoning Commission in their denial to him of a Conditional Use Permit for the expansion of a gravel pit on his property in the Beaver Loop Road area. Mr. Borgen stated his operation would stay within the requirements of the Conditional Use Permit. He would provide a 100' screen of trees, stay above the water table and he had received no opposition from adjacent property owners. Mr. Borgen felt there was a dire need for a gravel pit to stabilize gravel prices in the area. Mr. John Williams requested that the Council take no action on either of these gravel pits until the next meeting or whenever all the Councilmen were present as a decision as this should not be made by just half of the Council. The following residents of the Beaver Loop Road area spoke in opposition of the gravel pits reiterating that the trucks hauling from the gravel pits would cause an extreme traffic hazard, operations such as gravel pits would not be beneficial to an area zoned as residential and that the pits, when filled with water (sometimes at levels of over 5 feet, etc.) could cause a potential drowning when children playing in and around the pits accidentally fall in. Opposing the gravel pits were Mrs. Phyllis Morin, Mr. John Oldemeyer, Mrs. Grace Shook, Mrs. Esther Borgen, Mrs. Janet Bailey, Mr. Robert Bailey, Mrs. Beverly Fillio, Mr. Henry Johnson, Mrs. Hilda Plagge, Mr. Franz Plagge, Mrs. Kathy Johnson, Mr. Waldo Coyle. Mayor Elson brought the meeting back to the Council table. MOTION Councilman Hudson moved, seconded by Councilman Morgan, that the matter of the appeal of Robert L. Borgen be tabled until a suitable plan for reclamation and restoration has been developed. Motion passed unanimously by roll call vote. B-3: Existence of Public Nuisance Mr. Roland D. Lynn, City Manager, advised the Council that action had been started some time ago, however, because of opposition, the matter was postponed. The structures listed are considered to be public nuisances as they are abandoned and considered fire hazards. Mr. Lynn recommended that the Council hear the report on these structures from Assistant Fire Chief Thomas. 1 • o ; tf , FM I' "t MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGE 4 Assistant Fire Chief Thomas explained that the Fire Department had authorization to burn many of the buildings and that this legal proceeding was a matter of protection for the City. Lot 16, Block 5 in the Old Kenai Townsite owned by Mrs. Doris L. Walkowski is presently in litigation proceedings. Mr. Jahrig hopes to purchase the property and move the building to a better foundation. BLM Lot 167 is owned by Mr. and Mrs. Vernon A. Roggow and Mr. Roggow would like to save the trees on the property -- the Fire Department cannot burn the structure without damaging the trees. Lot 18, Block 5 will have to be rechecked as the property belongs to Mrs. Helen Simpson and Mrs. Simpson advised the City that the equipment, etc. on the property did not belong to her. Mr. Jahrig stated the old equipment was his and on his property. Lot 2, Block 2 - owners will board it up and salvage the sheet metal from the structure. Mayor Elson opened the meeting to a public hearing. y i - Mr. Robert Seemel representing Mrs. Ben Groteclos owner of Lot 2, Block 5, Kenai Townsite, stated that Mrs. Groteclos had given the building to the Kenai Historical Society with ` instructions to clean up the lot after building is moved. i Mrs. Francis Meeks advised that the Historical Society is still trying to move the building. _ 9 Councilman Morgan asked if there were any other houses that are of historical value and if so, should be handled accordingly. s i City Attorney Baldwin advised that the home on Lot 2, Block 6, owned by Mr. Alec Kakoanch (deceased), was in the same situation. i MOTION Councilman Morgan moved to table action on the Existence Of Public Nuisance until Mrs. Meeks, representing the Historical Society, look over the list of structures for historical value. Motion died for lack of second. Mayor Elson brought the meeting back to the Council table. MOTION Councilman Ambarian moved, seconded by Councilman Morgan, that the notice of public hearing on existence of public nuisance be incorporated into the record and that the properties listed thereon be declared a P p public nuisance and ordered abated with the following exceptions: (1) This list is subject to modification upon application by -- the Historical Society. (2) Lot 16, Block 5, PN 47-071-16 J Mrs. Doris Walkowski, should be reviewed by the City in three months for completion of relocation. (3) Lot 18, Block 5, Kenai Townsite, PN 47-071-18, Mrs. Helen Simpson, be deleted from the list and researched further by the City. MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGE 5 B-3 (Cont'd.)Motion passed unanimously by roll call vote. B-4: Ordinance 265-75 - Amending the definition of "Taxicab" and establishing size and body style restrictions for taxica s. Mr. Lynn advised that this Ordinance stipulated that a taxicab not carry more than seven passengers and should be a sedan and not a limousine type. Mayor Elson opened the meeting to the public. There being no comments from the public, the meeting was brought back to the Council table. MOTION Councilman Ambarian moved, seconded by Councilman Hudson, for adoption of Ordinance 265-75. Motion passed unanimously by roll call vote. C: PERSONS PRESENT SCHEDULED TO BE HEARD: C-1: Mrs. Francis Meeks - City culverts Mrs. Meeks came before the Council to request that the City put back the culvert enabling pedestrians to walk to the beach from town. Mrs. Meeks had appeared before the Council in the fall and was assured that this would be done during the spring construction period. At this time, the culvert had not been replaced. Mr. Philip Aber, Public Works Director, advised that he did not have the men nor the equipment to repair the culvert at this time as there were other priority projects demanding his Department's time. Councilman Hudson advised that the Administration should set priorities so that these projects would be completed. Councilman Morgan stated he felt the Council should go down to the area in questions and see what the situation might be -- is it the best location for placement of a culvert, etc. Council asked that the matter be placed on the next agenda for further discussion. D: MINUTES D-1: Minutes of the regular meeting of May 21, 1975 Unanimously approved by Council as distributed. D-2: Minutes of the regular meeting of June 4, 1975 Approval tabled until next meeting. :. I MINUTES, REGULAR MEETING, JUNE 18, 1975 F: F-1: MOTION F- 2 : MOTION F-3: MOTION PAGE 6 CORRESPONDENCE Mrs. Mary E. Willets, Mayor's Council on History $ Tradition Mayor Elson read a letter from Mrs. Willets suggesting a name for the access road to the new Kenai River Bridge. Mrs. Willets proposed the name "Birch Haven Drive". Mayor Elson instructed the Clerk to forward Mrs. Willets letter to the Planning & Zoning Commission for their con- sideration. OLD BUSINESS Resolution 75-24 - Fixing Taxicab rates for the City of Kenai. As requested by the City Council, Mr. Baldwin amended the Resolution. Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Resolution 75-24. Motion passed unanimously by roll call vote. Council approval - Sale of FAA Housing Inventory Mr. Lynn advised that these were the furnishings in the FAA houses and recommended approval of Council for authorization to sell these items and the proceeds would go to the Airport. Councilman Morgan asked if this matter had been discussed with the FAA. Mr. Lynn advised that just the sale of the houses themselves had been discussed. Councilman Ambarian moved, seconded by Councilman Hudson, that the City dispose of the materials listed on the FAA Housing Inventory. Motion passed unanimously by roll call vote. Council approval - Final Plan of Kenai Community Library Mr. Lynn advised that there were some minor amendments to the final plans and the architect had been contacted and the changes were underway. There will be an addendum mailed out to all prospective bidders. The final plans do meet with the approval of the Library Board with the certain exceptions as indicated to the architect. Councilman Ambarian stated he would like to have the Council see the completed document. Council was advised that bid opening was scheduled for July 8, 1975. Councilman Hudson moved, seconded by Councilman Ambarian, for approval of the final plans for the Kenai Community j .. 9 o MINUTES, REGULAR MEETING, JUNE 18, 1975 F-3 (Cont Id.) 11 F-4: MOTION 1 11 MOTION F-6: PAGE 7 subject to the addendum as requested of the architect. Motion passed unanimously by roll call vote. Payment to Engineering consulting firm - Airport Lighting Fro jec t For services provided in the amount of $5,100. Councilman Hudson moved, seconded by Councilman Ambarian, for payment to Wince-Corthell in the amount of $5,100. Motion passed unanimously by roll call vote. Payment to Engineering consulting firm - Airport Fencing Project Mr. O'Connor, Finance Director, noted correction on this billing which should be $2,340.33 rather than $2,377.49. Councilman Hudson moved, seconded by Councilman Ambarian, to pay Wince-Corthell in the amount of $2,340.33. Motion passed unanimously by roll call vote. Payment to Engineering consulting firm - Airport Fencing Project For services provided in the amount of $1,523.2S. Councilman Ambarian moved, seconded by Councilman Hudson, for payment to Wince-Corthell in the amount of $1,523.2S. Motion passed unanimously by roll call vote. Wildwood Police & Fire Contract Kenai Native Association is disputing the final billing from the City in the amount of penalty interest charged on past due billings. The amount in question is $400+ in interest charged from July 1, 1974 to March 31, 1975. As the City picked up an additional $2,000-contractural servi-A charges from KNA, the Council was asked if they wanted to accept the final payment as received from KNA excluding the $400. Councilman Morgan moved, seconded by Councilman Hudson to accept the final payment from Kenai Native Association and waive the additional interest charge of $400. Motion passed unanimously by roll call vote. �r MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGE 8 C : NEW BUSINESS G-1: Bills to be paid - bills to be ratified MOTION Councilman Morgan moved, seconded by Councilman Ambarian, for payment of bills as presented. Motion passed unanimously by roll call vote. G-2: Resolution 75-28 - Intrafund Transfer Mr. O'Connor recommended authorization by Council of this Resolution. MOTION Councilman Hudson moved, seconded by Councilman Ambarian, for approval of Resolution. 75-28. Motion passed by roll call vote. Voting yes; Hudson, Ambarian, and Elson. Voting no; Morgan G-3: Lease of Airport Lands or Facilities - Sea -Land Freight Service, Inc. Mr. Lynn advised that Sea -Land had made an error in . computing the lease rate but had been advised and both he and Sea -Land were in agreement of the correction. MOTION Councilman Morgan moved, seconded by Councilman Ambarian, - for approval of the Sea -Land Freight Service, Inc. lease j as amended. Motion passed unanimously by roll call vote. G-4: Final payment to contractor - Airport Fencing Project - E Final payment -- for services by contractor in the amount of $14,657.40. MOTION Councilman Ambarian moved, seconded by Councilman Morgan, for payment in the amount of $14,657.40 to Aspeotis Construction Company. i Motion passed unanimously by roll call vote. G-5: Approval by Council - Purchase of repair parts for Loader Mr. Lynn advised that in his telephone poll there were two negative votes for the purchase of repair parts for the loader. MOTION Councilman Hudso:: moaned, seconded by Councilman Ambarian, 4:�, for approval of purchase of repair parts for the Loader �✓ necessary to get it running. Councilman Morgan stated that he felt if the City is going to buy a new Loader, there was no need to repair the old one. MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAGI! 9 n G-5: (Cont'd.) Motion passed by roll call vote. Voting yes; Ambarian, Hudson and Elson. Voting no; Morgan. G-6: Confirmation of appointment of new City Attorney. Mr. Baldwin introduced Miss Janice Williams and asked that Miss Williams be confirmed as Kenai City Attorney. Mr. Baldwin advised the Council that Miss Williams comes to the City with an excellent legal background. MOTION Councilman Hudson moved, seconded by Councilman Ambarian, for confirmation of the appointment of Miss Janice Williams as Kenai City Attorney. Motion passed unanimously by roll call vote. G-7: Council approval - Library construction grant agreement Mr. Lynn advised that the State a reed to a 50-50 match with the City totaling $500,000 (1250,000-State and $250,000 City). Councilman Ambarian inquired for verification of the original agreement in which the State agreed to fund 60% and the City r 40% for a total project cost of $550,000. Council unanimously agreed to table the matter until Administration clarifies the agreement. G-8: Resolution 75-29 - Schedule of Fines $ Charges for Kenai Community Library Mrs. Emily DeForest requested that the Legal Department prepare the Resolution so that an increase in fines would encourage borrowers to return the books sooner and also to request a $S (reimbursable in one year) deposit on library cards. A special rate of $10 per family would also be available. MOTION Councilman Morgan moved, seconded by Ambarian, for adoption of Resolution 75-29. City Attorney Baldwin suggested the Resolution be amended to include a publicly announced amnesty week for forgiving library fines. MOTION Councilman Hudson moved, seconded by Councilman Ambarian, that Resolution 75-29 be amended by the addition of the following: j 5. The librarian is hereby authorized to forgive the payment of any fines levied hereunder during a publicly announced amnesty week. • I c; I y I 1 MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 (Cont Id.) G-II: MOTION MOTION MOTION Q PAGE I0 The main motion, as amended, passed unanimously by roll call veto. Lease of Airport Lands or Ilacilitle-a - Raven Transit Raven Transit requested lease of space In the Kenai Airport Terminal building for a period of two years. Administration recommended approval of the lease. Councilman Morgan moved for acceptance of the lease for Raven Transit. Motion died for lack of second. Councilman Hudson moved, seconded by Councilman Morgan, for approval of the lease to Raven Transit with the stipulation the amount charged for the first year of lease be shown on the the lease. Motion passed unanimously by roil call vote. Lease of Airport Lands or Facilities - Robert I;ritt Mr. Britt explained his proposed car wash facility to the Council. Councilman Hudson suggested that Public Works look into installing a water motor on the facility. Councilman Ambarian wished to abstain from voting on the matter, therefore, there being no quorum, the matter was tabled until the next regular meeting of the City Council. Council approval - Sale of surplus and unclaimed vehicles Mr. Lynn explained that these were the vehicles stored at the City shop that were impounded and unclaimed. hive of the vehicles on the list are City -owned surplus vehicles. Mr. Lynn asked for autho.Ity from the Council to proceed with the sale contingent upon going through the proper legal formalities. Councilman Morgan moved, seconded by Councilman Hudson, for the approval of the sale,in accordance with required legal procedures, of surplus and unclaimed vehicles stored at the City Shop and as noted on the list submitted by Administration. Motion passed unanimously by roll call vote. J I i MINUTES, KENAI CITY COUNCIL, JUNE 18, 1975 PAG1; 11 G-12: Kenai City DOvelo mont Inc. Annual Shareholders Meeting U-5rosontaTi of ty by Mayor - Council approval The Council was advised that it representative of the City should ho in attendance at this meeting. The City Attorney and the Finance W roctor will accompany the representative as selected by Council. MOTION Councilman Morgan moved, seconded by Councilman Ambarian, that Mayor James 1lson roprosent tho City of Kenai at tho Annual Shareholders Meeting of the Kenai City Development, Inc. Motion passed unanimously. FF : RUPORTS 11-1: City Manager's Report Mr. Lynn reported on his trip to Juneau and conversations with the Criminal Justice people. The City will probably receive funds for relocation of the Communications Center. ; The application for those funds will be sent off immediately. The Community andRegional Affairs people could not be con- „ vinced to agree to trio full request but approximately $100,000 to $200,000 should be forthcoming. + Concerning the Jail Contract -- the Division of Corrections i people were advised that the City would provide the facility and such things as utilities, etc. but it would be the responsibility of the State for guards, meals, etc. A , contract with the State should be completed by July 1, 1975. H-2: City Attorney's Report Mr. Baldwin advised that the City Code was now completed and the Ordinance for introduction will be prepared by the next meeting. Foreclosure proceedings have been filed. As this was his last meeting as City Attorney, Mr. Baldwin expressed his appreciation to the Council for their cooperation and assistance in his year as City Attorney. H-3: Mayor's Report Mayor Elson expressed his feelings that several have thought the terms of the land sale (sale of the 40 acres) were too stringent and, consequently, were hesitant to bid. H-4: City Clerk's Report None i T MINUTES, KL;NAI CITY COUNCIL,, JUNE 18, 1975 1 i LL 11-5: City Finance Director's Report H-6: 1----- -11 H- 7 : I: PAGE 12 Mr. O'Connor advised that he had received notification from the State that less monies would be forthcoming on the grant for the Council on Aging. Also, the State Retire- mont -- the City's contribution to the program was increased 21 and it appears that the Workmen's Compensation contribution will be increased 30-60%. With the additional expenditures, there is now $6,700 in the Contingency Fund for 1975-76. Planning & Zoning Commission's Report Mr. Ambarian advised the Council that there would be a Public Hearing on the proposed gravel pit in Thompson Park at the planning 4 Zoning Commission meeting of June 25, 1975. Kenai Peninsula Borough Assembly's Report None PERSONS PRESENT NOT SCHEDULED TO BE HEARD None GENERAL The Council requested that Administration prepare a Proclamation in Appreciation of the fine and outstanding service rendered to the City by C. R. Baldwin in his capacity of City Attorney. There being no further business, Mayor Elson adjourned the meeting at 1:00 a.m., Thursday, June 19, 1975. „1 i