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HomeMy WebLinkAbout1975-09-03 Council Minutesn AGENDA REGULAR MEETING - KENAI CITY COUNCIL SEPTEMBER 3. 1975 - 8:00 A.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS: 1. Ordinance No. 262-76 - Discharge of Firearms within the City limits 2. Ordinance No. 272-75 - Exemption from Financial Campaign Disclosure Statutes 3. Ordinance No. 273-75 - Amending Ordinance No. 264-75 4. Ordinance No. 274-75 - Transferring Funds from General Fund to Airport O&M 5. Ordinance No. 275-76 - Transferring Funds from General Fund to Water/Sewer Fund 6. C. PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Mayor Hazel Heath - City of Homer 2• Mrs. Francis Meeks - Fine Arts Center Building 3. Mrs. Ruby Coyle D. MINUTES: 1. Minutes of the Regular Meeting of August 20. 1975 E. CORRESPONDENCE: 1. F. OLD BUSINESS: 1. Lease of City owned lands and facilities - Pizza Paradisoa - Delete 2. Lease of City owned lands and facilities - Johnny Johnson Motors 3. State Jail Contract - Delete 4. 5. 8. G. NEW BUSINESS: I. Bills to be paid - bills to be ratified $. Ordinance No. 276-75 - Water a Sewer Connections a Extensions S. Resolution No. 75-37 - Borough Foreclosure Parcels 4. Lease Assignment from Kenai Steel Buildings to NBA/Soldotua 5. Council approval - Criminal Justice Planning Agency Grant S. Council approval - Contract with btotorola/Relocation of Communication Center 7. Illumination agreement with State of Alaska S. Contract with Harold Galliett - Water Well No. 2 Project 9. Payment to contractor - Dunamis Electric la u. 12. 13. 14. 15. H. REPORTS: 1. City Manager's Report 2. City Attorney's Report. S. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 6. Planning a Zoning Commission's Report 7. Hand Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. 2. s REGULAR MEETING - KENAI CITY COUNCIL SEPTEMBER 3, 1975 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL Members present: A. L . Hudson, H . J . Steiner, 0 . L . Thomas, R . 1. Morgan, E . Ambarian and J . A. Elson. Members absent: James Doyle AGENDA APPROVAL: Council unanimously approved the addition of Mrs. Ruby Coyle under "Persons Present Scheduled to be Heard" and the following deletions: F-1: Lease of City owned lands and facilities - Pizza Paradisos F-3: State Jail Contract C-1: Mayor Hazel Heath - City of Homer As a matter of courtesy, Mayor Elson requested Council approval to move Mayor Hazel Heath of Homer to the first item of business to facilitate an early completion of her business with the City of Kenai. Mayor Heath stated that she and the Fire Chief of Homer had intended to bring crab to the Council for the donation of the City of Kenai to the Homer Fire Department, however, due to the strike of the Commerical crab fishermen, the presentation will have to be postponed. As President of the Kenai Peninsula OEDP, Mayor Heath came before Council on behalf of the EDA and the proposed Kenai Water Well No. 2 project. The Kenai Peninsula OEDP have given this project top priority and will cooperate with the City in this regard. Mayor Heath introduced Mr. Frank Mallhargey, Director of the OEDP, who presented various facts and information on the OEDP. Mr. Mellhargey advised the Council that there were three residents from Kenai on the OEDP Committee - Mr. H.J. Steiner, Mr. Vincent O'Reilley and Mr. Richard Stetler. Mr. Menhargey would like Council consideration to designate two of these people to act as representatives for the City of Kenai itself. The 25 member committee had been functioning for several years and to a joint venture of all communities in the Kenai Peninsula. Mr. Mcllhargey stressed the importance of the committee and its significance to the City of Kenai. Mayor Elson directed Administration to include on the next agenda for Council selection of a chairman for the Area Committee of the OEDP from Kenai. 71 KENAI CITY COUNCIL - MEETING OF SEPTEMBER 3, 1975 PAGE 2 B. PUBLIC HEARINGS B-1: Ordinance No. 262-75 - Discharge of Firearms within the City limits Mayor Elson read the Ordinance as presented by the Council of the City of Kenai and opened the meeting to the public. Mrs. Ruby Coyle asked what areas were to be designated for the discharge of firearms and was advised by Mayor Elson that each area would be specifically designated by resolution. Several areas have been proposed and the City Attorney has drawn up resolutions pertaining to each individual area. Mrs. Coyle stated that she would not like to see the Ordinance passed until these areas were so designated. Dr. James Hall concurred with Mrs. Coyle in that these areas should be so stipulated prior to passage of the Ordinance. The public was advised by Mayor Elson that in accordance with proper procedures the Ordinance would be dealt with first and then each individual resolution would be presented and discussed. With no further public comment, Mayor Elson brought the meeting back to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Steiner, for adoption of Ordinance No. 262-75. Motion passed unmimously by roll call vote. Mayor Elson, with the aid of Administration, presented each Resolution individually as proposed. After discussion by Council, Mayor Elson stated he personally favored Resolutions number 75-38 and 75-41 for the present time. MOTION: Councilman Ambarfan moved, seconded by Councilman Steiner, for the adoption of Resolution 75-38 rith the following amendments. 1) In Section 1- insert the line "only for the purpose of taking water fowl..." 2) Have all the area south of the river to the City Limits included. 3) Delete Section 4. Mayor Elson advised Administration to advertise action of Council to inform the residents of Kenai the stipulated areas for the discharge of firearms within the City limits. Mr. Miles Dean of Kenai inquired if it would not be better coverage by going by a 2 mile Jradius of the Post Office. Mayor Elson advised that though this area may have the most population, that this was not where the hazard and problems were located. t 1: . KENAI CITY COUNCIL, MEETING OF SEPTEMBER 3, 1975 PAGE 3 QUESTION: Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Thomas, for the adoption of Resolution 75-41 with the following amendments: 1) Section 1 - to read ".....any firearm including a shot gu,, may be discharged....." After discussion, Councilman Ambarian withdrew his motion with approval of second. MOTION: Councilman Thomas moved, seconded by Councilman Ambarian, for the adoption of Resolution 75-41. Motion passed unanimously by roil call vote, Mayor Elson reiterated his directions to Administration in that Council action on this matter should be advertised with the local news media. B-2: Ordinance No. 272-75 - Exemption from Financial Campalan Disclosure Statutes Mayor Elson read the Ordinance as presented and opened the meeting to the public for their comment. There being no response from the public, the Mayor returned the matter to the Council table, MOTION: Councilman Ambarian moved, seconded by Councilman Thomas, for the adoption of Ordinance 272-75. Councilman Morgan asked if this matter would show up as two propositions on the ballot and was advised by City Attorney, Janis Williams, that it would. QUESTION: Motion passed unanimously by roll call vote. B-3: Ordinance No. 273-75 - Amending Ordinance No. 264-75, Mayor Elson read the Ordinance as presented and advised that this Ordinance would permit the employees in the Water and Sewer Departmeat to receive an increase in salary as other City employees have through the transfer of funds. Mayor Elson further stated the Council should consider declaring this Ordinance an emergency in that these employees would not receive these increases at the same time as other City employees. MOTION: Councilman Thomas moved, seconded by Councilman Morgan, for the adoption of Ordinance No. 273-75, amending it to read for enactment on an emergency basis, Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, - M11,I:R'ING OF SEPR'EMBER 8, 1975 PAGE 4 11-4: Ordinance No. 274-70 - Transferring funds from General Fund to Airport O&M, Mayor Elson read the Ordinance as presented and opened the Hearing to the Public. Mr. Lynn advised that this Ordinance introduced at the last Council meeting was to permit (through the transfer of funds) repairs desperately needed on the runway - filling cracks, 0 If those repairs are not taken care of this year, there will be major repair work needed the next construction period, Mrs, Coyle asked whore the money was coming from, Mayor P,Ison advised that this was unappropriated revenue from the General Fund. Mrs. Coyle suggested this unappropriated money be used towards the deficit so that taxes could be decreased, Councilman Morgan agreed in that he would like to see the deficit decreased, however, in situations such as repairs to the runway which are vitally needed, the monies should be appropriated. Mr, Lynn advised that Public Works had received an estimate on the repairs from an Anchorage firm which was double the amount on the intor fund transfer, The Public Works Director will chock with local contractors for other estimates, MOTION: �+�► Councilman Morgan moved, seconded by Councilman Steiner, for the adoption of {-7 Ordinance 274-75. Motion passed unanimously by roll call veto, B-So. Ordinance No, 275-75 - Transferring Funds from General fund to Water/Sewor Fund Mayor Llson road the Ordinance as presented by Council for the transfer of funds in the amount of $11,039 in unappropriated revenue to be transferred to the Water and Sower Fund for repair and maintenance supplies.Mayor Flson also read a memorandum from the Administration requesting that this Ordinance be amended to increase the amount from $11, 939 to $12, 738, 83 for payment to homer Electric. The Mayor then opened the meeting to the public for their input and comment. Mr. Lynn advised the Council that the monies owed Homer Electric Association will most likely be reimbursed by the City's insurance carrier, There being no further discussion, the Mayor returned the meeting to the Council table, MOTION: Councilman Hudson moved, amended by Councilman Steiner, for adoption of Ordinance No. 275-75, transferring funds from the General Fund to the Water and Sewer fund in the amount of $11,938, Motion passed unanimously by roll call vote, KBNAI Cl'1'Y COUNCIL - ItHOULAIt M1 1,11NQ OF 3, 1075 PA011, 0 Cs PI;RHONS PREOR,NT SCHEDULED TO lift HEARD C-2s Mrs. Pranois Mocks Mrs. Mocks came before the Council to speak in behalf of that portion of land located on Let 3, Block 17, (rid Kenai Townsito, acquired by the City in 1050 from the Kenai Civic League, This proporty's original intent was to used for the best interest and general welfare to the Community as a whole, Mrs, Meeks presontod the Council with a petition signed by over 00 persons in the community objecting to *o sale or lease of subject property to a private commercial business and asking the Council to sot this property aside as a park or a green strip. Mayor Plson stated that at the last meeting of the Council, Administration had been directed to make proper determinations as to the use of the property by the lease applicant, verify zoning and usos thereof and process the application in the proper mannor starting with recommendations from the Planning & Zoning Commission. Mr. Lynn advised the Council that the application for lease of this property had been ' sent to the Planning a Zoning Commission and it was the Commission's recommendation , that the City would have to make determination and request a variance on zoning, City Attorney, Janis Williams, reported to the Council the restrictions, etc. act forth when the property was deeded over to the City. Also, the officers of the Hoard of the Kenai Community Library signed over all of its interest in the property to the City on June loth. Mrs, Mocks stated that the President of the library Board had signed over the interest but the Board members had not boon advised of this action, Mayor Elson stated he felt this was another area which justified investigation. Councilman Thomas suggested that the Legal Department look into "quieting" the title so that ownership can be determined once and for all, 'I Mrs, Ruby Coyle stated that the Library had been built by the community with much volunteer labor, fund raising activities, otc, and that the building on the property does u; have much historical value as well as a pride value for the citizens of the community. _ A portion of the land in question had been designated as a downtown park area in the Comprehensive Plan of the City, Mr. Billy McCann stated that he was in agreement with Mrs. Mocks and Mrs, Coyle in that the original intent of this area was to be designated as a park, Mr. McCann requested Council consideration to direct the Planning a Zoning Commission to so designate this area as a park, Mr. Clarence Ladd also concurred that this area should be designated as a park. i KENAI CITY COUNCIL - REGULAR MEETING OF SEPTEMBER 3, 1975 PAGE 6 n C-3: Mrs. Ruby Coyle Mrs. Coyle carve before Council to inquire as to the completion date set for the tanker truck promised to the residents in the outlying areas in the higher fire rating zone. Mrs. Coyle stated that the insurance premiums were coming due in October and the citizens of this area had been long promised the tanker truck to assist in the reduction of their fire rating. Mrs. Coyle had talked with the Fire Chief and had been advised that the truck was not ready yet. Mrs. Coyle requested that Council see to it that something is done as soon as possible. Mr. Lynn advised that the tanker had been a lot longer getting repaired than anticipated. The tanker is in the shop now to be gone over mechanically, however, there are many other priority items and lack of manpower at the present time. Councilman Steiner stated that the City was letting people outside the downtown area down and this project to complete the tanker truck should have highest priority. Councilman Ambarian stated the size of the tanker truck was not large enough and agreed with Mrs. Coyle. Councilman Thomas inquired if the truck could not be taken elsewhere for the mechanical work to be done. Mrs. Coyle stated that she had been informed by the Fire Chief that the Tanker Truck after being worked on won't be in good enough mechanical condition to respond in time to the outlying areas and Mrs. Coyle was also advised that the tanker truck was insufficient in size to hold the necessary required amount of water. Councilman Steiner recommended that the Public Works Director bring the employee in from vacation to work on the tanker. Councilman Hudson stated that in his opinion the Council should direct Administration to make this project top priority and use their own discretion how the project was to be accomplished. Mayor Elson so directed Administration to declare the completion of the tanker truck as a top priority project to be finalized as soon as possible. I D: MINUTES: The minutes of the regular Council meeting of August 20, 1975, were unanimously approved as distributed. E. CORRESPONDENCE JNone 9' ti " I � 1 1 KENAI CITY COUNCIL - REGULAR MEETING OF SEPTI:MDER 3, 1975 PAGE. 7 F . OLD BUSINESS: F-1: Delete F-2: Lease of City owned lands and facilities - Johnny Johnson Motors Mr. Lynn advised that the application for lease of Lot 3► Block 17, Old Kenai Townsite by Johnny Johnson Motors was reviewed at the last meeting of the Planning & Zoning Commission and it was the Commission's recommendation that more research be done into the matter. Planning a Zoning is not in favor of re -zoning or granting a variance, however, it would be at the discretion of the Council. Councilman Ambarian stated that if the City should wish to lease that propery for a non- conforming use, the City should request a zoning variance. Councilman Hudson stated he objected to the use of the building and property as requested in the lease application. Councilman Thomas stated that Council should determine what the Council wished to do with the land, etc. Also, the Council unanimously concurred that the City Attorney should "quiet" title to the property and determine ownership, etc. Councilman Morgan stated that he did not want the zoning changed in the area. MOTION: Councilman Thomas moved, seconded by Councilman Morgan, that due to the strong opposition to the lease and/or sale of the land in question for its intended use as stated in the lease application, that Johnny Johnson Motors be advised that the City will not seek a variance on the zoning of the property, therefore, the lease will not be granted and Johnny Johnson Motors should be instructed to look elsewhere to meet their space requirements. Motion passed unanimously by roll call vote. Councilman Steiner inquired as to who would be qualified to lease the property in question and meet the lease rate as set? Mayor Elson stated that it would have to be in keeping with the requirements as set forth in the Zoning Ordinance for uses permitted. Councilman Ambarian re-emphasized that the City Manager should be directed to continue looking for a suitable tenant to lease the building and property. Council unanimously concurred. F-3: Delete G.' NEW BUSINESS: i� KENAI CITY COUNCIL - REGULAR MEETING OF SEPTEMBER 3, 1975 PAGE 8 0-1: Bills to be paid - bills to be ratified Councilman Thomas questioned the item concerning the radar equipment and was this included under the Police Budget? Administration advised that this was fully reimbursable by the Alaska Traffic Safety Bureau. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the bills be paid and ratified as listed. Motion passed unanimously by roll call vote. G-2: Ordinance No. 276-75 - Water and Sewer Connections and Extensions Mayor Elson read the Ordinance as presented for introduction amending the code of the City of Kenai to provide that customers shall be responsible for maintenance and repair of water and sewer connections and extensions. Mr. Lynn reported that at the present time the City was responsible for maintenance and repair of water and sewer connections and extensions and there were several costs incurred by the City to date on various maintenance and repair work. Mayor Elson asked for a definition of connections and extensions. City Attorney Jan Williams read the definition per the Code of the City of Kenai . Phillip Aber, Public Works Director, reported that this Ordinance would alleviate a situation that would be on -going and costly to the City and a City the size of Kenai cannot afford to offer this service to the public. Councilman Thomas stressed the point that an Ordinance such as the one presented may possibly create a situation wherein the property owners did repair and maintenance themselves and cause additional problems for the City. Mr. Aber suggested that another Ordinance be prepared stating that only bonded contractors, etc. could be used in the repair and maint mace work. Mayor Elson stated he felt the code should stay the same except in the event the customer abuses the situation and at that time, the consumer would be responsible for all costs incurred. MOTION: Councilman Hudson moved, seconded by Councilman Morgan, for introduction of Ordinance No. 276--75. Mayor Elson stated that the matter should be given some really serious consideration. E,t,. 74( KENAI CITY COUNCIL - REGULAR MEETING OF SEPTEMBER 3, 1975 PAGE 9 MOTION: Councilman Thomas moved, seconded by Councilman Steiner, to amend the Ordinance by inserting ".....in accordance with all applicable Ordinances of tho city„ . QUESTION - MOTION AS AMENDED: Motion passed unanimously by roll call vote. QUESTION - MAIN MOTION: Motion passed unanimously by roll call vote. G-3: Resolultion No. 75-37 - Borough Foreclosure Parcels City Attorney, Janis Williams, explained this Resolution declaring certain parcels of real property are not needed for immediate public use by the City of Kenai. These parcels have been reviewed and upon determination of the City that there is no immediate public use, the Borough will offer the parcels up for redeemption by the owners. To redeem the property, it will be necessary for all back taxes, assessments, etc. to be paid. Administration presented a map showing the areas in question. MOTION: Councilman Steiner moved, seconded by Councilman Hudson, for passage of Resolution No. 75-37. Motion passed unanimously by roll call vote. 0-4: Lease Assignment from Kenai Steel Buildings to NBA/Soldotna Kenai Steel Buildings requested assignment of lease to satisfy the bank for a loan on a building constructed by them. The leased area in question is located in Aleyeska Subdivision, Lot 13. MOTION: Councilman Hudson moved, seconded by Councilman Steiner, for approval of the assignment of lease from Kenai Steel Buildings, Inc. to the National Bank of Alsaka/Soldotna. Motion passed unanimously by roll call vote. G-5: Council approval - Criminal Justice Planning Agency Grant Mr. Lynn advised the Council that the CJPA had approved a 95% grant for the relocation of the Communications Center. As the City had budgeted$10,000 and with the grant would only have to pay $805, this would mean a savings of $9,000 to the General Fund. Official acceptance of the grant would require an ordinance also. KENAI CITY COUNCIL - REGULAR MEETING OF SEPTEMBER 3, 1975 PAGE 10 Councilman Ambarian stressed the need for privacy between the lobby and the dispatch so that confidential matters broadcast would not be overheard. Chief Ross advised that very little information of confidential matter is broadcast duo to the fact the frequency is being so widely monitored. MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, for acceptance of the Grant from the Criminal Justice Planning Agency for 05% funding of the Relocation of the Communications Center. Motion passed unanimously by roll call vote. MOTION: Councilman Steiner moved, seconded by Councilman Hudson, that Administration be directed to prepare an Ordinance for introduction at the next regular meeting of the City Council for the transferring of funds for this project. Motion passed unanimously by roll call vote. G-6: Council approval - Contract with Motorola/Relocation of Communications Center i Administration recommended approval of the installation agreement with Motorola for the relocation of the Communications Center. MOTION: Councilman Steiner moved, seconded by Councilman Hudson, for the acceptance of the contract with Motorola for the relocation of the Communications Center. Councilman Hudson stated that he was in favor of moving the equipment, but was opposed to an open area to the public for interruptions and night time admittance. Chief Ross advised that this had been taken into consideration and the public would not be able to gain access without the Dispatcher and/or police officer identifying the person seeking admittance, etc. QUESTION: Motion passed unanimously by roll call vote. G-7: Illumination agreement with State of Alaska Mr. Lynn recommended that this item be deleted as the City has run into difficulty in negotiating with the Department of Highways. They are asking the City to commit itself to an extensive maintenance program that the City is not in a position to undertake. Administration further recommended that Council urge the State Highway Department to proceed with the repairs to the lights in the Urban Section as soon as possible. „' f KENAI CITY COUNCIL - REGULAR MEETING OF SEPTEMBER 3, 1975 PAGE 11 MOTION: Councilman Thomas moved, seconded by Councilman Hudson, to direct Administration to contact the Governor, Legislators, Commissioner of Highway, etc. to advise the State to proceed with the repair of the lights in the Urban Section without further delay. Motion passed with unanimous consent of the Council G-8: Contract with Harold Galliett - Water Well No. 2 Project Mr. Lynn asked that this matter be delayed as the contract as presented by Mr. Galliett is not acceptable to the City. Mr. Galliett will be in Kenai Thursday to discuss the details. G-9: Payment to contractor - Dunamis Electric Verification of 90% of the work completed has been received by the City and Administration, therefore, recommends approval of payment to the contractor in the amount of $16,650. MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, for approval of payment to Dunamis Electric in the amount of$16,650. Motion passed unanimously by roll call vote. H. REPORTS: H-1: City Mananer's Report (a) Administration received all materials from CoPatal-Gamble for construction of the Kenai Community Library. Notice to proceed was given with an August, 1076 completion date. Contractor will begin work as soon as possible. (b) The first draft of the Natural Resources Extraction Ordinance has been completed by the Planning 4 Zoning Commission -- final draft to be prepared in time for presentation at the next regular meeting of the Council. (e) A number of items were sold at the auction. City Manager only bidder on the FAA House for a minimum bid of $6,000. (d) EDA Well Project No. 2 -- RDA is asking the City to be more specific before final application is made. Will carry rough draft of the application to Anchorage at end of the week. Will need to discuss financing alternatives with Council at Work Session September 10th. Councilman Ambarian asked the status of the street signs and was advised by Mr. Aber that contact had been made with the State and the signs are being prepared at this time. y /KENAI CITY COUNCIL - REGULAR MEETING OF SEPTRMBER 3, 1975 PAGE 12 I1-•2: City Attorney's Report Will have a number of items to discuss with Council in their Executive Work Session on September loth. One item will be the decision to appeal in the matter of Filler vs. the City of Kenai. Will also bring Council up-to-date on the Complaint a Summons received in the Bergen case. H-3: Mayor's Report None H-4: City Clerk's Report None H-5: Finance Director's Report Mr. O'Connor reported that over $10,400 was received at auction. H-6: Planning i Zoning Commission's Report Councilman Ambarian reported on the meeting of August 27th and action taken by the Commission. H-7: Kenai Peninsula Borough Assembly's Report Councilman Steiner reported on the meeting of September 2, 1975. The hearing on the Ordinance to enter into contract of less than one year was defeated. The Resolution responding to the request of the Alaska Public Offices Commission for information pertaining to campaign literature - Assembly would back the Mayor. OEDP requested approval from the assembly for additional position as the work load was such that an additional person was desperately required. The Borough Mayor would not approve the additional position. Request approved unanimously by the Assembly. Councilman Steiner further stated that this additional position would help bring OEDP records, etc. up-to-date and make our situation in the matter of the EDA Grant application much more viable. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: None There being no further business of the Council of the City of Kenai, Mayor Elson adjourned the meeting at 11: 05 p.m. Respectfully submitted, -Sud C . Peter, City Clerk � 1 i i