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HomeMy WebLinkAbout1975-12-03 Council Minutesa I •. AGENDA REGULAR MEETING - KENAI CITY COUNCIL DECEMBER S, 1975 - St 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS I. Ordinance No. 264-75 - Snow Removal 2. Renewal of Beverage Dispensary License a Renewal of a Retail License for Esdie's Frontier Club S. Renewal of a Beverage Dispensary License for The Casino (Rachel L. Rogers) 4. Ramat of a Restaurant License for Pissa Paradises (Konstantinos D.1Nacheraa) 5. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. 2. D. MINUTES i I. Minutes of the Regular Meeting of November 19.1976 I B. CORRESPONDENCE j 1. Taylor Realty - Proposal to purchase all or part of Government Lot I (Parcel #177) 2. Kenai City Development F. OLD BUBDJP.80 i 1. Resolution No. 75-54 - Natural Resource Extraction 2. Crown, Inc. - Purchase of City Parcel *lumber 177 2, Resolution No. 75-52, Rescinding Resolution No. 75-59 4. j S. I 0. NRW BUSINESS 1. Bills to be paid - Bills to be ratified r 2. Council selection of new Council member S. 4. Resolution No. 75-60 - Fort Keney'Rental Rates 5. Resolution No. 75-51- Cleaning Deposit, Pt. Kenny S. 7. S. 9. f 10. U. I2. IS. 14. R. REPORTS I. City Usnager's Report 2. City Attornsy's Report 2. ilayor's Report . 4. City Clerk's Report 5. Pfasnnce Dirac Is Report S. Planning a Zoning Commission's Report I. NOW Panysula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO 13E HEARD 1. 2. � , -►-'T r- . 1F_tfir:,.. r t n'.•�t*- - - _ - ... � i KENAI CITY COUNCIL - REGULAR ME_E,TING DECEMBER 3, 1975 - 8; 00 P.M. PUBLIC SAFETY BUILDING X A. B. 8-1: PLEDGE OF ALLEGIANCE ROLL CALL Present: Tom Ac:klery, Walter Sweet, Al Hudson, Richard Morgan, Edward Ambarian and James Elson Absent: None AGENDA APPROVAL The following additions were approved by Council: E-I: Taylor Realty - Proposal to purchase all or part of Gov't. Lot 1 (Parcel #177) F-3: Resolution No. 75-62, Rescinding Resolution No. 75-59 The following deletion was approved by Council: G-3: Ordinance No. 285-75 - Intrafund Transfer, Airport Terminal (Janitorial) PUBLIC HEARINGS Ordinance No. 284-75 - Snow Removal Mr. Lynn advised that this Ordinance was introduced at the previous meeting of the City Council to enact a new Article to Chapter 19 of the Code of the City prohibiting the parking of vehicles upon City streets between the hours of 4; 00 a.m. and 8: 00 a.m. during the winter season. Mr. Lynn asked for further explanation from Mr. Aber, Public Works Director. Mr. Aber explained that there had been some changes to the ordinance in that under Section 19-109 (Night Parking Prohibited) a time period was established... "After October I of each fall and until May 1 of the following year, ....." as well as the fee to be established for such towing service by the Alaska Transportation Service. Mr. Aber further requested an amendment to Section 19-HI in regard to locations Hated ...... on arterials leading from Kenai Spur Highway....." Mr. Aber also stated that the Police Chief has expressed an opinion that this ordinance will have to be enforced whether or not there to snow. Mayor Elson opened the meeting to the public for their comment and input. There being none, the hearing returned to the Council table. I I - J i s - f KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 3, 1975 Page 2 Councilman Morgan inquired that as one section referred to the towing service which was to be authorized by the Alaska Transportation Commission, exactly what towing services in the area were so licensed? Mr. Aber advised council that just one in the Kenai area was so licensed and one in the Soldotna area. Councilman Sweet stated that if those individuals living in the Thompson Park area, etc. were to have their vehicles towed away to the north end, they would have to pay exorbitant towing fees. Councilman Ambarian stated that he too felt the towing service should be within the City limits. Mr. Aber advised that the towing service should be licensed so that they will take responsibility for the vehicle upon impoundment. Also, Mr. Aber advised that if the vehicle were to be towed into the City yard, the City would then have to assume responsibility. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, to amend the ordinance to conform with the present draft of Ordinance 284-75 as recommended by the Administration with an additional change in Section 19-IU stating that "on arterials leading from Kenai Spur to....." and for Council to adopt Ordinance No. 284-76 as amended. Mayor Elson stated that one problem is that the City has not ascertained if the one licensed towing service would be agreeable to work with the City in this regard. The Council was advised that the procedure for obtaining licensing from the ATC was to file an application and then a hearing is held to determine the need, etc. Also, Mr. Aber advised that the City will warn people in advance of merely Impounding the vehicle not in conformance with the Ordinance. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to delete the following in Section 19-110: ".....authorized by the Alaska Transportation Commission....." Motion failed by roll call vote. Voting no; Ackerly, Hudson, Ambarian and Elson. Voting yes; Morgan and Sweet. After further discussion on the matter, Councilman Hudson stated that in his opinion the City should go with authorized towing operators as they are regulated by the State. QUESTION - MAIN MOTION Motion passed by roll call vote. Voting yes; Ackerly, Hudson, Ambarian and Elson. Voting no; Sweet and Morgan i i KENAI CITY COUNCIL, REGULAR MMETIN(i, t)FC.1;MRER 3, 1975 PAOF 3 i B-2: Renewal of Beverage Dispensary License A Renewal of a retail license for Eadie's Frontier Club Mr. Lynn stated that the Alcoholic Beverage Control Board had requested a recommendation from the Kenai City Council. With regard to the renewal of the beverage dispensary license, Chief Ross had previously submitted a memorandum requesting that: (1) The City recommend that request for beverage license renewal be denied or (2) The City advise the ABC Board that they cannot recommend approval at this time and further request that no permanent renewal be granted until there has been a resolution to the pending criminal action which has been filed against nthel Dee Henderson. Therefore, Administration would so recommend that the Council request no permanent renewal license be granted to Eadie's for beverage dispensary, however, Administration did recommend that Council approve renewal of a --- retail license for Eadio's. Mayor Elson opened the meeting to the public and there being no public comment, returned the matter to the Council table. Councilman Sweet inquired if the trial had been held as of this date and was advised that charges had just been filed on November 28. MOTION: Councilman Morgan moved, seconded by Councilman Aekerly, that the City Council advise the Alaska State Alcoholic Beverage Control Board that the City requests no permanent beverage dispensary license renewal be granted at this time pending outcome of criminal action which has been filed against Ethel Dee Henderson (i.e. Eadie's Frontier Club). Motion passed by roll call vote. Voting yes; Ackerly, Sweet, Hudson, Morgan, and Elson. Voting no; Ambarian MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, that the City of Kenai register no protest against the renewal of a retail license for Eadie's Frontier Club. Motion passed unanimously by roll call vote. B-3: Renewal of a Beverage Dispensary License for the Casino (Rachel L .Renewal of a Beverage Dispensary License for the Casino (Rachel L . Rogers) Mr. Lynn advised that as all taxes were up-to-date, Administration recommended approval of the renewal of a beverage dispensary license. Mayor Elson opened the meeting to the public, there being no comment, the hearing returned to the Council table. r � KENAI CITY COUNCIL, REGULAR MEETING, I ECEMBER 3, 1975 PAGE 4 MOTION: Councilman Sweet moved, seconded by Councilman Ambarian► for the approval of the renewal of a beverage dispensary license for The Casino. Motion passed unanimously by roll call vote. B-4: Renewal of a Restaurant License for Pizza Paradisos Mr. Lynn advised that all taxes were up-to-date and City Administration recommended Council approval of the renewal of the restaurant license. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the approval of the renewal of a restaurant license for Pizza Paradisos (Konstantinos D . Macheras). D . MINUTES D-1: Minutes of the Regular Meeting of November 19, 1976 There being no corrections or additions to the minutes, the minutes were approved as distributed. E. CORRESPONDENCE E-1: Taylor Realty - Proposal to purchase all or part of Government Lot 1 (Parcel 01")_ Taylor Realty submitted a proposal to purchase all or part of Government Lot 1 for a total price of$40,000 plus assessments. Mr. Lynn advised that Administration recommends non acceptance of the proposal as it does not meet Council requirements. Administration further recommends that the land be put up for auction once again. It was the unanimous opinion of the Council that this matter would be brought forth at the completion of the study which is underway by the Planning and Zoning Commission. E-2: Kenai City Development Mayor Elson advised the Council that he had received a notice of the Annual Meeting of the Kenai City Development, Inc. , January 9, 1976. A representative of the City will have to be selected for representation at this meeting. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the Kenai City Council authorize Mayor James Elson to represent the City at the upcoming Annual Meeting of Kenai City Development, Inc. of which the City of Kenai is a shareholder. Motion passed unanimously by Council. 9 ' r ,, IiiMiJ KENAI CITY COUNCIL, IIEGULAR MEHI'IN0, Ui?CFMBER 3, 1075 PAGE 5 Councilman Hudson requested that the City Attorney and the City Finaneo Direotor also accompany Mayor Hlson to this meeting. Council unanimously concurred, F. OLD BUSINESS F-1s Resolution No. 75-54 - Natural Resource E siraetion i City Attorney, Janis Williams, advised Council that she had had several discussions with the attorneys from the Borough and there was still some question as to the regulatory situation. She would, therefore, recommend a Council tabling the matter until more legal research is accomplished. MOTIONS Councilman Hudson moved, seconded by Councilman Ambarian, to table "j item F-I, Resolution No. 75-54 - Natural Resource Extraction. t Motion passed by roll call vote. Voting yes; Aekerly, Sweet, Hudson, Ambarian, and Elson. Voting no; Morgan Council also instructed the Clerk to remove this matter from future agendas until instructed by the City Attorney to include it. F-2: Crown, Inc. - Purchase of City Parcel Number 177 t At the last meeting of the City Council, Mr. Curtis, representing Crown, Inc. was instructed to submit his propsoal in writing for Council review. ' This matter was not acted upon as Council is awaiting the outcome of the study , underway by the Planning a Zoning Commission. � + F-3s -Resolution No. 75-82. Rescinding Resolution No. 75-59 ' Councilman Hudson stated that Resolution 75-69 had taken monies from the contingency fund and after consulting the budget had found that there were monies in the Shop Budget that could be used for the repairs required. + Therefore, Councilman Hudson requested that a resolution be adopted rescinding Resolution 75-59 appropriating the funds from the shop budget, 9 ` MOTION: Councilman Hudson moved, seconded by Councilman Morgan, for the adoption of Resolution No. 75-62, rescinding Resolution No. 75-69, and transferring funds from the shop budget for equipment and shop repairs necessary for the operation of the tanker truck. ' Mr. Lynn advised that though monies were available at this time, he hoped the Council would favorably consider a request for additional fund5ng at a later time for shop supplies, etc. QUESTION: i Motion passed unanimously by roll call vote. I a i KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 3, 1975 PAGE 6 I G . NEW BUSINESS G-1: Bills to be paid - bills to be ratified J Mr. Lynn advised the Council that these were routine bills and recommended Council approval for payment and ratification. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, j for Counei approval of the payment and ratification of bills as presented f this date. Motion passed unanimously by roll call vote. 0-2: Council selection of new Council Member I I MOTION: I Councilman Morgan moved, seconded by Councilman Ackerly, that the next highest vote recipient at the election of October 7, 1975, be appointed to fill the vacancy created by the resignation of Councilman Doyle. , i MOTION: Councilman Sweet moved to amend the motion to Include the next two , highest vote recipients. Motion died for lack of second. QUESTION - MAIN MOTION •R � o Motion failed b tie roll call vote. Voting no; Hu dson, udson Ambarian and Elso Y g n. Voting yes; Ackerly, Sweet and Morgan ; MOTION: l Councilman Morgan moved, seconded by Councilman Sweet, that the second P highest vote recipient at the election of October 7, 1975, be appointed to fill " the vacancy created by the resignation of Councilman Doyle. Motion failed by roll call vote. Voting no; Ackerly, Hudson, Ambarian and Elson. Voting yes; Sweet and Morgan, Councilman Sweet stated that the Council should keep in mind that the Council ' was voting on those individuals who had received public input and also had l displayed an interest in serving the Cuy . Councilman Hudson stated that the City of Kenai's ordinance gave the Council the power to select anyone they so wish. v Councilman Ackerly suggested that perhaps nominating petitions be made available again, as does the Borough, to determine those interested in serving on the Council. 1 1 . KENAI CITY COUNCIL, REGULAR MEETING, DEC1W13E1 3, 1975 PAGE 7 Mayor Elson stated he had talked with most members of Council and it is his personal feeling that the Council should select someone who has a lasting interest in the City, a person who has had experience on the Planning a Zoning Commission, someone who has attended the meetings of the Council, a reasonable, practical person and perhaps a former Councilman. Mayor Elson further stated that in his opinion he did not care how just who. Therefore, the Mayor suggested the Council adjourn into an executive session to "hash" the matter out. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, to adjourn immediately to an executive session. Motion passed unanimously and the Council retired to private chambers for - - the purpose of an executive session at 8: 55 p.m. CALL TO ORDER: Mayor Elson called the meeting back to order at 9: 30 p.m. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, to table Item 0-2, Council selection of new Council member, until the next regular meeting of the Kenai City Council. Motion passed unanimously. G-3: Deleted 0-4: Resolution No. 75-60 - Fort Kenay Rental Rates Mr. Lynn advised that this resolution was prepared so that the City would begin charging more equitable rates for the rental of the downstairs portion of Ft. Kenay. MOTION: Councilman Ambarian moved. Q winded by Councilman Ackerly, for the adoption of Resolution No. 75-60, irsrfasing the rental rates for Ft. Kenny. Motion passed unanimously by roll call vote. 0-5: Resolution No. 75-61 - Cleaning Deposit, Ft. Kenay Mr. Lynn stated that through this resolution requiring that a refundable cleaning deposit would be collected from all people or persons renting the lower portion of Ft. Kenay would enable the City to recover the costs incurred when those renting the Ft. Kenay leave the facility in a disorderly manner. The cleaning deposit will be twice the rental rate charged. If the Fort to not left in a clean and orderly manner, a charge of $10.00 per hour will be deducted from the deposit for cleaning. 0 KENAI CITY COUNCIL, REGULAR MEETING, DFCP161SER 3, 1975 PAGE 8 Councilman Ambarian inquired if it would not be easier to just have those persons forfeit their entire deposit rather than deducting $10/hour and was advised that either method would be acceptable, however, the Finance Depart- ment had requested it be handled in this manner. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for the adoption of Resolution No. 75-61, Ft. Kenay Cleaning Deposit. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report Mr. Lynn advised the Council that he had talked with Mr. Jack Spake of the Department of Highways and Mr. Spake had stated that representatives would be coming down for the first Council meeting in January. The State Highway Department 5 year plan will be ready by then for the discussions with the Council. The City of Kenai received $92,000 from revenue sharing and the letter accompanying the check indicated that this was half payment. Mr. Lynn advised that he was concerned in that this was $16, 000 lower than anticipated. Evidently, the State Is not funding 100%. Mr. Lynn would contact State officials regarding this matter. The Library construction project is pending further progress as they are awaiting installation of power from HEA . Councilman Ambarian advised that he had noticed several street lights were out in Woodland and stated that HEA should be responsible. Mr. Aber advised the Council that he had contacted Dick Peck and Mr. Peck indicated they would be repairing the lights as soon as possible. Status on the lights along the Highway -- contractor had advised Councilman Hudson that the first batch of wire received was damaged in shipment and the second shipment was just received the day prior to the Council meeting. H-2: City Attorney's Report City Attorney, Janis Williams, advised that there was no further progress to report in regard to the employees suit. The appeal has been filed with the Supreme Court with regard to the Filler case. The City has received no further word on the Kenai Property Owner's suit. Work is still pending on recodification and many changes must be made to the code prior to completion. H-3: Mayor's Report None KENAI CITY COUNCIL, REGULAR MRRTING, DVC1:M13ER 3, 1975 PAGE 9 H-4: City Clerk's Report None H-5: Finance Director's Report None The Council directed Administration to submit the financial statements a few days prior to the Council meeting. H-6: Planning a Zoning Commission's Report None H-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson reported that the Assembly seated a new member from the Seward area, Mrs. Pamela Oldow. Ord. 75-53, a supplemental appropriation of $131,000 to the Capital Projects Fund for the addition to the Rast Homer Elementary School passed. Ordinances 75-54 and 75-55 concerning rezoning within the City of Seward both passed. Ordinance 75-50, adopting the reeodifieation of Ordinances of the Borough was amended and passed. Ordinances 75-57, 75-58 and 75-59 were also passed by the Assembly. Ordinance 75-60 regarding supplemental appropriation to the North Peninsula Recreation Service Area was introduced and passed for hearing. Reconsideration of Ordinance 75-60 failed again. Resolution 75-58, authorizing the Mayor to waive penalty and interest on taxes due November 15, 1975, Where Late Payment to Caused by Strike of Canadian Postal Employees, was passed. Councilman ITudson stated several liquor licenses were brought before the Assembly for approval. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None Councilman Morgan inquired if the Council was to take action on the list of proposed members to the Mayor's Council on Aging as presented in their letter to the Council of November 29, 1975. Mayor P,lson advised that he wanted the Clerk to contact the Council on Aging and verify if they wished all persons as proposed appointed or a portion thereof. The item will be brought up at the next meeting of the Council. tl ^ KENAI CITY COUNCIL, REMULAR M1,',H .'ING, DECHMIAER 3, 1076 PAGE 10 Mayor Olson requested that Mr. Lynn Rive an explanation to the general public concerning the proposed annexation of North Kenai. Mr. Lynn advised that information is being put together to determine whether we should proceed to file a petition with the Boundary Commission. The City will have to take action and make a decision on the matter by Monday. Mr. Lynn stated the reason that this is being considered is because at present, the City of Konai is providing a lot of free services to citizens outside the City limits such as use of the airport, Or. Citizen Center, Library and some police aid. Mr. Lynn requested that he go into further detail in the work session following the meeting. There being no further business, Mayor Freon adjourned tho regular mooting of the Kenai City Council at Ot 00 p.m. The Council immediately hold a work session regarding the matter of annexation of portions of the North Kenai area. Respectfully submitted, al", 1 0, 9-4 �, -, B C . Peter, City Clork