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HomeMy WebLinkAbout1975-11-05 Council MinutesAGENDA r REGULAR MPFTING - KPNAI CITY COUNCIL NOVEMBER 5, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS I. Renewal of Retail Liquor License - Foodtown Liquor 2. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. 2. D. MINUTES 1, Minutes of the Regular Meeting of October 15. I975 ^ 2. Minutes of the Emergency Special A+eating of October 22, 1975 l I E. CORRESPONDENCE I 1, I 2. P. OLD 1USINESS f I. Resolution No. 75-54 - Natural Resource Extraction '9�r-RM+0lntintl-d4e-73- fi bie-F.n,ntrwnity-l�nr«rR.►1t••wj 3. Ratification of Purchase of warm Storage Suilding 4, Janitorial Contract - Ft, Kenny -- Proposal for now employee 5. FAA House No, 104 - Mr. Miles Dean ,i G. NEW BUSINESS 1, Bllls to be paid - bills to be ratified. 2. Ordinance No. 281-75 - supplemental appropriation to reflect funds received 3. Election of Vice -Mayor 4.-Confirm,, at 5. Confirmation of Mr. Arthur Evans - Kenai Planning & Zoning Commission 6, Orientation Work Session for New Council Members � 7. Ordinance No. 282-75 - Amendina Ordinance No. 274-75 S. Ordinance No. 283-76 - Amending Ordinance *10. 275-75 9. `I 10. N. REPOIiTB 1, City MonaPor's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report j 5. Finance Director's Report j 6, Planning & Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report 1- PERSONS PRESENT NOT SCIIEDULF,D TO RE IIEARD 1. 2. _ _ -..- _,� ♦n.....o�.. —s. .� ._ vim,._ �. r> a _ ♦ _ - _� _.+T��Si �l KENAI CITY COUNCIL - REGULAR MEETING .;.ti NOVEMBER 5, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Richard Morgan, Edward Ambarian, James Doyle*, Tom Ackerly, Walter Sweet and James Elson Absent: Al Hudson AGENDA APPROVAL The following additions and/or deletions were unanimously approved by Council: Delete Items F-2 and 0-4 Add: B-1: Renewal of Retail Liquor License - Foodtown Liquor 0-7: Ordinance No. 282-75 - Amending Ordinance No. 274-75 G-8: Ordinance No. 283-75 - Amending Ordinance No. 275-75 B . PUBLIC HEARINGS B-U Renewal of Retail Liquor License - Foodtown Liquor Mr. Lynn advised that this item was for renewal of retail liquor license for Foodtown Liquor; Donald L. a Jennie M. Smith, Willow Street, Kenai; Mail: Box 2941, Kenai, Alaska 99611. All taxes, etc. have been paid to date and Administratfon, therefore, recommends Council approval. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for the approval of the renewal of a retail liquor license for Foodtown Liquor. Motion passed unanimously by roll can vote. C . PERSONS PRESENT SCHEDULED TO BE HEARD None { s rw KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5. 1975 PAGE 2 D . MINUTES D-1: Minutes of the Regular Meeting of October 15, 1975 Mayor Elson asked for any additions or corrections, there being none -- MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of the minutes of the Regular Meeting of October 15, 1975. Motion passed unanimously by roll call vote. D-2: Minutes of the Emergency Special Meeting of October 22, 1975 Mayor Elson asked for any additions or corrections, there being none -- MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of the minutes of the Emergency Special Meeting of October 22, 1975. Motion passed unanimously by roll call vote. E. CORRESPONDENCE E-1: Kenai Elementary School Mayor Elson stated that copies of the letter from Kenai Elementary School had been forwarded to all Council members. This letter from nillon R. Kimple, Teaching Principal, referred to the situation of the hazard ckeated by the lack of lighting along the Spur Highway in front of the school. Mayor Elson stated that the contract had been awarded by the State Highway Department for the repair of the lights and construction should be underway now. F. OLD BUSINESS F-L Resolution No. 75-54 - Natural Resource Extraction Mayor Elson stated that Resolution No. 75-54 had been discussed in depth at the joint work session of the C-ouncil and the Planning Commission and that this Resolution of regulations was presented as merely concepts and ideas -- the staff should put these ideas and concepts into regulation form so that when it is presented to the Borough it is in a form which will not present a conflict at a later time. The - City Attorney and the Borough Attorney should work out the legal ramifications, etc. 5 r r' e) KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 3 MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, that the City Attorney be instructed to meet with the Kenai Borough Attorney to draw up a proper ordinance which the City can recommend by resolution for presentation to the Borough Assembly. Councilman Morgan stated he felt the Council should review and work out all points before sending the proposed regulations to the Borough. Councilman Sweet inquired if it would save time to delete those items which have been decided upon prior to sending the proposed regulations to the Borough? Mayor Elson did advise that after the Ordinance is approved by the Borough, then final authority is delegated back to the City. Mr. Lynn suggested that perhaps going through the resolution as presented and strike those points which are not acceptable and then sending the resolution onto the Borough. * Councilman Doyle in at this time. Council discussion followed on the pros and cons of the resolution as presented 01 and the consensus of opinion of the Council as the area of most concern was that of the guarantee that the gravel pit owner -operator was to provide to the City. Each proposed method of guarantee was extensively discussed (bond, cash guarantee, lien on property, etc.) and Council acknowledged that each owner -operator applicant may possibly be handled differently according to their proposed development plan. Councilman Ambarian. with approval of second, withdrew his motion. Mayor Elson again stressed that the Council should be in a position to negotiate and have leverage with regard to the guarantee upon receipt of a proposed development plan from the owner -operator of a gravel pit. The Planning Commission had stated that anyone of the three guarantee alternates would be acceptable and, in his opinion, Mayor Elson stated he felt all three alternates should be included. Council will have final approval of all gravel pit applications as to the case of City owned lands and facilities leases. Councilman Sweet stated that some wording in the resolution should be changed as there will be some short term and some long term owner -operator applicants for gravel pits. Council concurred and it was the general opinion that there were many areas that needed review and other areas wherein wording had to be changed so that not too much authority is delegated in specific cases (such as item 4-E) . Q ri t`.I KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE. 4 Mayor Elson stated that in his opinion, the City Attorney should be instructed to explore what rights the City has in regard to the guarantees and any other methods to allow us leverage for enforcement. Councilman Sweet asked what time span are we looking at with regard to review by the City and Borough Attorney? City Attorney, Janis Williams, advised that it should not take more than a week or two H no unforeseen problems arise. With unanimously Council concurrence, City Attorney Williams was instructed to put the proposed regulations into proper format, explore other areas of possible guarantee requirements, and meet with the Borough Attorney to determine legal ramifications, etc. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, that the matter of Resolution No. 75-54, Natural Resource Extraction, be table until the next regular meeting of the City Council. Motion passed unanimously by Council. F-2: Deleted F-3: Ratification of Purchase of Warm Storage Building Mayor Elson stated that he had requested ratification of Council action at the Emergency Special Meeting on October 22, 1975. Mr. Lynn reviewed the situation and advised that the matter was rather a complicated procedure, however, the land that the library was being built on to airport land and the FAA has approved the sale of this land for the present "fair market value". The proceeds from the sale of this land will go into the Airport Land Fund. and the Land Fund will spend up to $42,900 for a suitable warm storage facility. The City in turn will lease this facility and will pay a "fair market" lease rate to the Airport Land Fund each year. At present, the City is making a contribution to the Airport Land Fund and in this way, the contribution will be designated as rental for the warm storage facility. Councilman Doyle inquired if the City had received written approval from the State to increase our library grant and was advised by Mr. Lynn that written notice had been received on October 21, 1975. MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, for ratification of the action of the Council for construction of a warm storage facility not to exceed -- $42,900 as passed at the Emergency Special Meeting of October 22, 1975. Motion passed unanimously by roll call vote. :i k t P I t' -.J ov KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 5 Public Works Director, Phillip Aber, advised that the footings and foundation for the warm storage building would be poured Thursday. F-4: Janitorial Contract - Ft. Kenay -- Proposal for new employee Mr. Lynn advised the Council that the City had not been receiving satisfactory service on custodial care for the Terminal Building and Administration had explored other possibilities such as hiring a full time employee for janitorial service for all City facilities. After looking into the situation of hiring an employee for janitorial services, it was determined that the cost would be approximately $5,000 more than contracting It out. At this point, Administration cannot recommend negotiation of a contract for Janitorial services for Ft. Kenay until the matter is resolved. Councilman Ambarlan asked if Administration had made a study on a deposit requirement for the rental of Ft. Kenay and was advised that it had not. Mr. Lynn advised the Council that Administration would be meeting with the next low bidder on custodial services and would work out some arrangements for janitorial service for the Terminal Building, Public Safety Building and Ft. Kenay. F-5: FAA House No. 104 - Mr. Miles Dean Mr. Lynn advised the Council Mr. Dean had received approval on his loan contingent upon a title search. Mr. Dean had purchased FAA House 103 -- the bid called for full payment within 30 days of sale and the house to be removed within 60 days of sale. Mr. Dean was unable to make payment in full at the time of his bid ' and proposed to pay it off at $500 month and to pay an additional $100 a month to keep the house on the City's property with the condition that he would make a balloon payment in the spring and remove the house at that time. This was conditional upon ;? the fact if he was unable to obtain financing. s. Councilman Sweet inquired if late charge penalities would be levied and was advised that a 10% penalty charge would be included. i G. NEW BUSINESS G-1: Bills to be paid - bills to be ratified Mr. Lynn advised that the submittal was the standard list of bills for approval for payment and ratification. Councilman Doyle questioned the Armco Steel and was advised by Mr. Aber that there had been an error in posting this bill in that it was for 70' of 36" culvert. MOTION: 4W Councilman Doyle moved, seconded by Councilman Ambarlan, for approval of payment and ratification of the bills as presented. Motion passed unanimously by roll can vote with Councilman Doyle abstaining on the Doyle's Fuel bill. W„ a . KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 8 G-2: Ordinance No 281-75 - Supplemental Appropriation to Reflect Funds Received Mr. Lynn advised that this was a "house keeping ordinance" and Mr. O'Connor further explained that this was a carry over of Federal funds from Council on Aging. These funds had not been expended last year and will help some of the present expenditures. The City of Kenai's 50% contribution will be reduced by one-half this amount. MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 281-75 - Supplemental Appropriation to Reflect Funds Received. Motion passed unanimously by roll call vote. G-3: Election of Vice Mayor City Attorney, Janis williams, advised that each year a new Vice Mayor must be selected. Councilman Doyle nominated A. L . Hudson Councilman Ackerly nominated Richard Morgan Councilman Doyle moved, seconded by Councilman Sweet, that the nominations be closed. Unanimously approved by Council. A secret ballot was held. A tally of the ballots was conducted by the Clerk in which she determined a tie -- 3 votes for Morgan and 3 votes for Hudson. Numbers were prepared for the drawing of lots with Councilman Doyle drawing for Councilman Hudson. with the highest number determining the winner, Councilman Morgan drew number 3 and Councilman Doyle for Councilman Hudson drew number 2. Therefore, Councilman Morgan will serve as Vice Mayor of the Kenai City Council. G-4: Deleted G-5: Confirmation of Mr. Arthur Evans - Kenai Planning a Zoning Commission Mayor Elson stated that Mr. Evans was selected to fill the vacancy creates when Mr. Harry Gaines moved outside the City limits. Mr. Evans acceptance is contingent upon the disclosure situation and will ask that his name be removed should the Alaska Public Offices Commission request that the Kenai Advisory Commission file "conflict of interest statement". MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, for the appointment of Mr. Arthur Evans to the Kenai Planning & Zoning Commission. Motion passed unanimously by Council. A - A KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 7 G-8: Orientation Work Session of New Cour:L11 Members t Mr . Lynn asked for Council approval that a work session be held at the conclusion of the Council meeting. It was unanimously agreed to do so. 0-7: Ordinance No. 282-75 - Amending Ordinance No. 274-75 Mr. Lynn explained that this was a "housekeeping" ordinance and asked for further explanation from Mr. John O'Connor, Finance Director. i Mr. O'Connor advised that both Ordinance 282-75 and Ordinance 283-75 were prepared to amend Ordinance 274-75 (Repairs to runway) and Ordinance 275-75 (Repairs to blowers, etc. in the Water/Sewer Fund) as these ordinances created an out of balance I situation in the budget. MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, for the introduction of Ordinance 282-75 - Amending Ordinance No. 274-75. Motion passed unanimously by roll call vote. G-8: Ordinance No. 283-75 - Amending Ordinance No. 275-75 J ® MOTION: r Councilman Doyle moved, seconded by Councilman Ambarian, for the introduction ' of Ordinance No. 283-75 - Amending Ordinance No. 275-75. } Motion passed unanimously by roll call vote. ' H. REPORTS 4 + H-1: City Manager's Report �a (a) Kenai Peninsula Community Care Center -- additional steps will have to be taken and Administration would like to discuss the matter further in the work session following the meeting. (b) Regarding Historical Society Grant - when presented at last meeting, no representatives :j f were present from the Historical Society, therefore, Council requested input from the Planning and Zoning Commission. The matter is included on the agenda of the r ` next regular meeting of the Commission. k F r f S l � ' I KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 8 (c) At the last Council meeting, Councilman Doyle inquired as to the status of $9,000 In the Fire Department budget. Mr. Lynn advised that the prior Administration had placed the monies into TCD's and then pulled it from the TCD and placed the $9,000 into revenues. Councilman Doyle stated he felt that charges should be filed against the Administration for their action and further requested a statement in writing, that will insure that these monies will be placed back into a special account (plus interest. (d) Mr. Lynn requested that an Executive Session be held as there were two matters that came up at the Municipal League Meeting regarding insurance and bonds during prior Administrations which have to be discussed. The Executive Session was scheduled immediately following the meeting. (e) Bicentennial Park -- Mr. Lynn stated that the FAA felt the City should go ahead and use the land as a park but should not have it so declared as park land takes priority and the FAA would be hesitant to commit the land to this use. Councilman Morgan stated he felt that the City should proceed with arrangements to get the land designated a park area. Mr. Lynn advised that there may be problems with the FAA if the City should take these steps and the City still has the final authority as to leases land, etc and could control use of the area. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, that a resolution be prepared for designation of the area in question as a Bicentennial Park. Motion passed unanimously by roll call vote. (f) Mr. Lynn advised that the Front End Loader should arrive next week. (g) Councilman Morgan inquired as to the status of the CAP Sand Point construction and was advised by Mr. Aber that everything is complete except for the pump which Is expected to arrive anytime from Anchorage. (h) Councilman Ambarian asked as to how long the ambulance would be out of service and was advised by Mr. Aber that the parts were in and repair work should be done by Friday evening. H-2: City Attorneys Report City Attorney Janis Williams advised the Council that the Conflict of Interest Statements were due by Friday, November 14, 1975, at 5: 00 p.m. The City will hold the information. The Planning a Zoning Commission will not be required to file according to the present Attorney General's Opinion. 4 KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 9 H-3: Mayor's Report Mayor Elson stated that at the Municipal League meeting various topics were discussed. Coastal Zone Management is still a very unclear situation. A prevalent note throughout the Leagues's policy statement is local autonomy; with the return of more authority from Federal and State governments to the local governments. This was especially true in regard to Coastal Zone Management. The Mayor's Conference went on record In support of the expansion of Coastal authority to 200 miles and with continued efforts to acquire international treaties to protect anadromous fish beyond the 200 miles. With regard to revenue sharing, members were advised that the monies just won't be there this year. There were five basic proposals and there was no question In that the existing program is much better for us. Mayor Elson advised the Council that he had been elected to the Municipal League Board of Directors and was also elected President of the Alaska Conference of Mayors. Councilman Ambarian stated that he attended the Newly Elected Officials meeting at the Municipal League and felt it was a very worthwhile and informative meeting. He did suggest attending the Newly Elected Officials meeting after serving one year as a municipal officer. Mayor Elson advised that the League to looking into sponsoring seminars for elected officials. H-4: City Clerk's Report None H-5: Finance Director's Report The Finance Department received a check for $100,000 on October 13th for water/ sewer grants. The audit is in the final revision stages and representatives from Peat -Marwick would like to present the audit Wednesday, November 12, at 7: 00 p.m. In the City Manager's office. Council agreed to meet at that time. The City Clerk will call each member to remind them of the meeting on Wednesday. H-6: Planning & Zoning Commission's Report None H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported as Councilman Hudson was out of town, he attended the meeting and advised the Council that C . E . "Johnny" Johnson was elected president of the Assembly. The new Borough Mayor, Don Gilman, was also seated. U 1 i • r r' I i KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 5, 1975 PAGE 10 Councilman Ambarian asked Administration the status of the paving of Beaver Loop and Forest Drive and Mr. Aber advised that the State Highway Department officials would like to meet with Council to get acceptance of the plan and they feel that if they cannot receive Council acceptance, the State will continue to maintain the streets themselves. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None As there was no further business to bring before the Council, Mayor Elson adjourned the meeting at 10:15 p.m. at which time the Council entered into an Executive Session. Respectfully submitted, i r 'i Su C . Peter, ty Clerk 110 1W]