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HomeMy WebLinkAbout1974-07-03 Council MinutesAGENDA s REGULAR MEI:IING, KENAI t,ITY COUNCII. JULY 3, 1974, 8:00 P.M. KENAI LIBRARY PAGE 1 PLEDGE OF ALLEGIANCE A: ROLL CALL 1 1 AGENDA APPROVAL 1 B: PUBLIC HEARINGS: NONE C: PERSONS PRESENT SCHEDULED TO BE HEARD: NONE 1. 2. 3. D: MINUTES • 1. Minutes of Regular Mooting, Juno 19, 1974. 1 If 2: City Attorney's Roport 1 E: CORRESPONDENCE 1. Telegram - Senator Stevens 1 2. , 3. • F: OLD BUSINESS 1. Artesian Well 02/Wator Project - Harold Galliett DELETED 2. Adjustment of contract with Wildwood 2 3. 4. S. 6. .. 7. S. G: NEW BUSINESS 1. Variance - Section 31 - Mr. Tibbetts 4-S 2. Bicentennial Committee Appointments 2 3. Bills to be paid - bills to be ratified 2 4. Lease, Li, BS General Aviation-Robort T. Bielefeld S. Now Police Car- 3 (one available nc M 3 6. Peninsula Oilers Basob 11 7. Resolution 74-28-1r:tra and Expenditure Transfer 3 3 S. Resolution 74-29-intrafund Revenue Tranafor 4 Resolution 74-30-Oiiwell drilling off Cape Kasiiof 4 19. i. 1t. 14. r ` H: REPORTS ' 1. City Manager's Report a. B.L.N. Piro Fighting Operation S b. Virginia Gibt:s - Borough Planning Dept. S c. K*Rnu W/S Project S d. Airport Fencing S•6 1 -- 3. Mayor's Report 6 4. City Clerk's Report 6 S. Finance Director's Report 6 6. Planning & Zoning's Re ort 6 7. Borough Assemblymen's Roport 6-7 1: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: NON>r 1. h 2 3 f - MINUTES KENAI CITY COUNCIL ,.� REGULAR MEETING JULY 3, 1974 8:00 P.M. KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members present - Robert Norene, H. J. Steiner *, Robert Bielefeld, James Doyle, A. L. Hudson, Tru McCrady *, and Mayor C. E. Johnson. * In late. Members absent - None. AGENDA APPROVAL The following agenda changes were made without objection: Delete F - 1 - Artesian Well #2/Water Project - Harold Galliett Add - G - 9 - Resolution 74-30 - Urging oiiwell drilling off Cape Kasilof in Cook Inlet r-, B: PUBLIC HEARINGS: None. C: PERSONS PRESENT SCHEDULED TO BE HEARD: None. r D: MINUTES The Minutes of the Regular Meeting of June 19, 1974, were approved as distributed. H - 2: City Attorney's Report Mayor Johnson introduced Rick Baldwin, the new City Attorney. E: CORRESPONDENCE is The Clerk read the telegram from Senator Stevens announcing the additional grant of $25,290 for WPC-AK-33 from E.P.A. F: OLD BUSINESS MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page two F - 1: Artesian Well #2/Water Project - Harold Galliett Deleted. F - 2: Adjustment of contract with Wildwood Mr. Eisen stated the agreement in lieu of assessment payments will be Increased by $5,000, in lieu of an unmarked car in the Fire/Police Protection agreement. Doyle moved and Norene seconded to increase the revenue figure in the Agreement for in lieu of assessment payments from $20, 000 to $25, 000. The motion carried unanimously by roll call vote. G: NEW BUSINESS G - 1: Variance - Section 31 - Mr. Tibbetts Mr. Tibbetts has not arrived at this time. There was no objection to placing this item of business at the end of the new business. * Tru McGrady in now. G - 2: Bicentennial Committee Appointments Mary Willets, Chairman of the Mayor's Committee on History and Tradition, stated Kenai has not, as yet, been designated a bicentennial City. The former State chairman has resigned and the temporary chairman could not find anything in the files on Kenai. * Steiner in now. Mrs. Willets spoke with Mr. Navarre and saw the material that was sent in. She has spoken to several people that are interested in helping and would like to add their names to the committee. She will turn the names in to the City Clerk. The Committee will come up with some projects for Council's approval. Mayor Johnson thanked Mrs. Willets for coming to Council this evening. G - 3: Bills to be paid - bills to be ratified Mr. Chen stated there is one bill from Johnston Jeffries in the amount of $1,431.50. Dole moved and Hudson seconded to pay Johnston Jeffries $1,431.50. The motion carried unanimously by roll call vote. L__ - I a� .D MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page three G - 4: Lease, L1, B5 General Aviation - Robert T. Bielefeld Doyle moved and Norene seconded to approve the lease of Lot 1, Block 5 - General Aviation - Robert Bielefeld. The motion carried unanimously by roll call vote with Bielefeld abstaining. Councilman Hudson stated the Commission approved the lease with the stipulation the dirt work and the first phase of the development be accomplished in two years. Mr. Bielefeld stated that was no problem. C - 5: New Police Car (one available now) Mayor Johnson stated there is one police car available. It is a different color and has air conditioning. The price if $4,680. The Charter says we must go to bid. Mr. Chen stated we did go out to bid to purchase the first car and an option for a second car. Hudson moved and Norene seconded to go out to bid for a pol ice car. After some discussion, the motion carried by roll call vote with Johnson abstaining. G - 6: Peninsula Oilers Baseball Councilman Norene reported that since Mr. Navarre got together with the director, the rest of the board are looking at other lands. They need to be served by water so they can start building up the turf. He recommends this be tabled until the next meeting so the board can come up with recommend- ations. McCrady moved and Norene seconded to table any action until the next regular meeting to get more information and a recommendation from Administration. The motion carried unanimously by roll call vote. Councilman McCrady requested the new City Attorney give his opinion on rescinding Resolution 71-18. G - 7: Resolution 74-28 - intrafund Expenditure transfer Mr.. Chen stated the reason for this resolution Is to utilize the $5, 000 from the Wildwood agreement In lieu of assessment payments. Hudson moved and Doyle seconded to adopt Resolution 74-28 - Intrafund Expenditure Transfer - Transferring $5, 000 from "Transfer" Account on Non -Departmental to "Machinery li Equipment" Account of City Manager Office within General Fund. The motion carried unanimously by roll call vote. MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page four G - 8: Resolution 74-29 - Intrafund Revenue Transfer Steiner moved and Hudson seconded to adopt Resolution 74-29 - Intrafund Revenue Transfer - "Miscellaneous Revenue" Account of Water/Sewer Fund Revenue be increased by $5, 000 and "Interfund Transfer" Account of Water/Sewer Fund be decreased by $5, 000. The motion carried unanimously by roll call vote. G - 9: Resolution 74-30 - Oil drilling off Cape Kasilof in Cook Inlet Bielefeld moved and Doyle seconded to adopt Resolution 74-30 - Urging the State Department of Natural Resources and the Corps of Engineers to permit oilwell drilling off Cape Kasilof in Cook Inlet. The motion carried by roll call vote with McGrady dissenting. G-1: Variance - Section 31 - Mr. Tibbetts Mr. Elson asked Mr. Tibbetts to speak in his behalf. Mayor Johnson stated the property Is on Forest Drive where Mr. Hatton had a garage. Mr. Tibbetts stated there is grandfathers rights on the garage. He would request a permit to move a mobile home on the land for a period of three years. Mr. Elson stated the Borough has the authority for zoning. Application should be made through the Borough Planning Commission. After some discussion, Norene moved and Bielefeld seconded the non- conforming use of a garage be allowed on Lot 71, Sec. 31, T6N, R11W, S.M. Councilman Hudson stated that 12 months have passed and there is no longer grandfather rights. Mr. J. W. Thompson stated the land was tied up 2 or 3 years in litigation. He has a statement from W . R. Jahrig stating he has used the garage for storage and overhauling. The building has not been vacant for over three months. Mr. Baldwin, City Attorney, stated the Council can set as a Board of Appeals. The enforcement powers has been delegated to the Borough and they have full powers to regulate zoning. 'i MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page five G - 1 - Variance - continued H: H-1: (a) (b) (c) (d) Doyle moved and McCrady seconded to table the variance - garage use and trailer until we have the opinion of the City Attorney if it has to go to the Borough. The motion tied and thereby failed. Voting yes; Doyle, Hudson 6 McCrady. Voting no; Norene, Steiner and Bielefeld. Abstaining; Johnson. The main motion failed by roll call vote. voting yes; Norene 6 Bielefeld. Voting no; Steiner, Doyle, Hudson S McCrady. Abstaining; Johnson. After further discussion, Mr. Tibbetts was advised to speak with Sam Best, Planning Director of the Borough. REPORTS City Manager's Report B.L.M. Fire Fighting Operation Mr. Elson stated he spoke with Mr. Holtz of B.L.M. and they want to transfer the Fire Fighting Operation from Soidotna to Kenai in one to three weeks. There is a hydrant available. They will mix the retardent In Soldotna. Mr. Chen stated they will pay $20 a day for 1,500 sq. ft. Virginia Gibbs - Borough Planning Dept Mr. Elson reported Sam Best phoned that Virginia Gibbs from the Borough Planning Dept. passed away. Councilman Norene stated a fund is being set up in her name for flowers and shrubbery around the Borough Building and for a plaque. Kaknu W/S Proiect Mr. Elson reported there are problems with this project. The streets are still torn up and people are driving through private property. The City Attorney is going to write the contractor a letter. Councilman Doyle asked If the penalty has exceeded the amount of the bond. Mr. Chen stated he will check this out. Airport Fencin Mr. Elson stated the contracts are signed. The agreement of acceptance has the City Attorney's signature. F.A.A. has given Frank Wince oral approval and will send the City a written approval. Upon receipt of the signed documents, will have the surveying done, then the notice to proceed. He stated there is a question of acquisition of 20+ acres, privately held. Both routes are approved. There will be no reimbursement until we have a clear title. L - F- Wh r'l /- ` -) MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page six H - 1 - City Manager's Report - continued Bielefeld moved and Doyle seconded to proceed with the condemna procedure of the land to the extent we need for the project. After discussion, the motion carried by roll call vote with Steiner and J dissenting Mr. Eison stated the land was appraised at $25,000 In September c Doyle moved and McCrady seconded to not exceed $30, 000 on the I without Council approval. The motion carried by roll call vote wi Steiner dissenting. H - 3: Mayor's Report Mayor Johnson stated he is going to appoint a Mayor's Recreation and appoint Dick Morgan, Chairman. He also recommends the City Manager's car be cleaned up. H - 4: City Clerk's Report No report. H - 5: Finance Director's Report Mr. Chen stated the Finance Department is in the process of closir books and will do the internal audit first. He further stated in the agreement with BLM they didn't waiver th fee. Councilman McCrady asked if AAI was current and Mr. Chen state H - 6: Planning E Zoning's Report Commissioner Hudson stated the Commission unanimously disappr, the variance for Mr. Tibbetts. The Commission approved the development plan and lease of Kenai H - 7: Borough Assemblymen's Report Assemblyman McCrady reported on the Assembly Meeting of July, Ordinance 74-28 - concerning rezoning within the City of Homer, Ordinance 74-38 - refunding of school bonds In the amount of $2,0 was Introduced. -- MINUTES, KENAI CITY COUNCIL MEETING, JULY 3, 1974 Page seven H - 7 - Borough Assemblymen's Report - continued Ordinance 74-33 - Relating to the composition of the Borough Assembly and providing districts for election of Assemblymen and providing for a weighted vote, was up for reconsideration and was not reconsidered. The construction of trailer pads for teacher housing in Cooper Landing was approved. The portable from North Kenai School Is being moved to Homer. Resolution 74-38 - Urging the State Dept. of Natural Resources and the Corps of Engineers to permit oilwell drilling off Cape Kasilof In Cook Inlet, passed. y Resolution 74-39 - Selecting certain lands for public use sites, passed. Resolution 74-40 - Protesting formation of low altitude training route for high speed military aircraft over the Kenai Peninsula, passed. 1: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: None. MEETING ADJOURNED 10:30 P.M. Respectfully submitted, Sharon LoosII, City Clerk