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HomeMy WebLinkAbout1973-01-17 Council MinutesA G I; N D A hIiGUI.AK MEETI+G# M:%'Al CITY COUNCIL JANIIARY 17, 1973, 8:00 P-N, PAGE, PLEDGE OF A1.11:61ANCG' A: R01.1, CALL I A - is PIIRLIC HEARING - ORDINANCE 212-72 - CHANGING CO11NCIL AGENDA I i B; PERSONS PRESENT SCHED111.ED TO SE IHsARD: 1-3 � 1, S.B.A. - Wildwood 2. 1'slks Club 6 Kenai peninsula Sled Dog Association 3. Clarence Ladd 4. 43-4 1. Regular Meeting of January 3, 1973 D: CORRL'SPONDENCE I. George IV. fiasiey - 1)ept. of Public Works 4 2. Barry Pogrom - Monthly Police Report 4 3. Jack M. Spoke - Kenai River Crossing 5-6 4. Fire and Police Report REPORTS 1. City Manager's Report 8 a. Things to do. list - 1/3/73 9 b. Civic Center c. d. e. 2. City Attorney's Report NONE 9 3. Mayor's Report NONE 4. City Clerk's Report S. Financo Director's P.erort 9-20 a. Cash flow projection b. Monthly operating statements thru Dec. 31, 1972 c. Augit for year ending 30 June 1972 10 10 6. Planning 4 Zoning's Report it 7. Borough Assemblymen's Report F: OLD BUSINESS 6 1. Borough Assembly Seat 6 2. Audit 3. .� 4. • G: NEW BUSINESS 1. Resolution 73-2 - Budget Revision 72-73 6 . 2. Special Use Permit - Kenai Air Service 6-7 7 , 3, Notification of payment - West-e-rya $ Assoc. 4. Renewal of. liquor license - Rainbow Bar 7 7 S. Renewal of liquor licenses - Oaken Keg 4S4 G SS 8 6. Permit for games of chance $ skill - Kenai Elks 7. Permit for games of chance 4 skill - Billikon Club 8 S. Permit for games of chance 4 skill - Kenai Democratic 8 Precinct 1-Z-3- 7 9. Renewal of liquor license - Food Town Liquor $tore 7 10. Renewal of liquor license - Pizza 9aradisos-Bees Fi Wine ` 11. Permit for games of chance & skill - Kenai high School 8 12. Notifications of paynents - Wince, Corthell S Assoc. 7 8EFERRC 13. Permit of games of chance skill - Lions Club 14. Assessment District 8 15. Ordinance 213-73 - Amending Ordinwee 99 8 16. Ordinance 214-73 - Amending Ordin:fte 180 8 17. Ordinance 215-73 - Repealing Ordinance 52 8 18. Ordinance 216-73 - Amending Ordinance 81-65 19. Resolution 73 - 3 - Vod lease in Foolin S/D TABLED 10. Permit for games of chance f skill - Catholic Men's Club 8 H: PERSONS PRESENT NOT SCHEDULED 7'0 BI: BEARD NONE r MINUTES, KENAI CITY COUNCIL REGULAR MEETING JANUARY 17, 1973 5:00 P.M. - PUBLIC SAFETY BUILDING The Council gave the Pledge of Allegiance. ROLL CALL: Members present - James Hornaday, C.E. Johnson, Tru McGrady, Robert Norene, H. J. Steiner and Mayor John Steinbeck. Members absent - James Doyle (excused) With consent of Council B - 3 - Clarence Ladd was added to the Agenda and E - Report will follow G - New Business A - 1: PUBLIC HEARING - ORDINANCE 212-72 - CHANGING COUNCIL AGENDA The Clerk read the Ordinance by title. The Mayor recessed the meeting and opened it up for a Public Hearing. There was no public participation and the public hearing was closed. Norene moved and McGrady seconded to adopt Ordinance 212-72 - Changing Council Agenda. The motion carried unanimously by roll call vote. Voting yesi Johnson, Norene, Doyle, McGrady, Steiner and Mayor Steinbeck. Bs PERSONS PRESENT SCHEDULED TO BE HEARD: S.B.A. - MOMMSEN S/D The City Manager reported meetings with Mr. Ressler, Attorney for S.B.A. and Mr. Olson of S.B.A., this afternoon. They indicated SBA is now ready for a private sale of the Kenai Community Water Co. Mr. Fisher summarized what has taken place thus far. He also spoke of the necessity for establishing a local improvement J (assessment) district. The first step would be to hold a public hearing giving a 30 day notice to all the property owners. He further stated we should defer transfer of title until such time as a public hearing is held. Mr. Glotfelty stated that up to two weeks ago, we felt the Federal Government would participate. The President imposed a total freeze on ,grants for HUD, SBA, RDA, etc,. The City cannot build without funds and will have to look to alternatives. City might hook up to Wildwood and pay an estimated cost for treated water at 600 a thousand gallons or connect on the end of the present system near Sears School at a cost of $100,000 to $180,000. Administration contends consumers should pay over and above the cost paid for by other means. City has made a commitment to SBA to take over the system as soon as it is free and clear. J MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page two —N B - 1 - SBA - Mommsen S/D - continued. Mr. Glotfelty stated we have some plans but no as-builts. Nels K elstad - As far as the sewer is concerned the plans are okay SR —We —plans for the water system are no good. Mr. Glotfelty stated there are some undersized lines that we know of and not proper fire hydrants to enjoy a good fire rating. Councilman Horn�aday - There has been no engineering done on this system since it was installed. I£ we follow the present plan we will get an engineering firm working on this. Coral Seymour - In 1971, when we voted on the bona issue, ommsen was ncluded at a proposed cost of $24,000. That is considerable different than $180,000. Where does the 6� difference lie? Mr. Glotfelty - The $24,000 was to tie into the Industrial WAFER Line. That money is frozen. Councilman Hornaday - I can see three alternatives: 4 1. not take over the system until an improvement district has been formed. 2. take ownership tonight. 3. not take over until brought up to grade. Johnson moved and Norene seconded that Council accept the Bill of Sale from S.B.A. for the Kenai Community water & sewer system. Councilman Norene - what kind of security do you have and are E you taking steps to clear the lien off the real property? Mr. Ressler - We have two types of security, a deed of trust and a security agreement. We are taking steps on the real property. As a way of making sure there aren't any liens the SBA issued notices that we would have a private sale of the property and that's what we're down here tonight to hold this private sale to the City of Kenai. We are offering you a method of being sure there are no liens on the property and thats by a Uniform Commercial Foreclosure Sale under Section 9-305. Councilman Hornada - I would like to make it clear as to what's appen ng. The entity that has the responsibility now is the Kenai Community Water Co. The City should clearly understand once we take the system then we are the agency that is responsible. i i (s f I . i i i + �l I ' MINUTES, KENAI CITY (OUNCIL MEETING, JANUARY 17, 1973 Rage tP,ree B - I - SBA - Mommse:. S/A - continued. I Mr. Carlson - Why can't we make the now owners of the system rfix t? Councilman Hornaday - The owner of the system is Kenai Commun ty Wa er Co. and they have no assets. If we do take the system you will have assessments levied against you. Mr. Carlson - If the City does take it, do you have any idea of w at t e levy per square foot will be? Councilman Hornaday - We can't tell you tonight what it is going to cost. We will retain an engineering firm and they will examine it and give us a cost estimate. Councilman McGrad - I have some reservations. Is this a one way ticket? I we don't accept tonight, will it be offered again? Mr. Ressler - S.B.A. will have another private sale at a later ateBut—not be so anxious. The Mayor declared a five minutes recess so the owners could caucas. The Mayor brought the meeting back to order at 10s15 P.M. Coral Seymour - If the City does take over tonight, how soon can we expect to get water. City Manager - September 1, 1973. i Mr. Seymour - It is the general consensus, this is a step in `the right irection for the City to take. 4 Councilman Hornaday - We will immediately get an engineering fi rm an e- attorney busy on the right-of-ways. rt ; The motion carried unanimously by roll call vote. Mr. Ressler presented the Bill of Sale to the City Clerk. Councilman Hornaday requested the Mommsen water be put on every Council Agenda until they have water. B - 2: Elks Club and Kenai Peninsula Racing Association - Councilman Norene stated he has raised questions on this to keep the dog sled racing alive. I have had calls from people concerned and would like to encourage some organization to keep this alive within the City of Kenai. Lester Borgen, Exalted Ruler of the Kenai Elks Lodge stated "=a the Elks are holding a meeting tomorrow night and he will talk this over with the body and see what we can do. Other service clubs should also be contacted. We will do what we can. MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page four B - 2 - Elks Club 6 Kenai Peninsula Racing Assoc. - continued. Chuck Lewis was asked, money wise, how much are we talking about. Mr. Lewis replied $2,500 in prize money. $6,900 was last years over all. We have had problems with backing. The Soldotna Chamber of Commerce are backing us this year. The race will be held at the Soldotna airport and onto the Moose Range, hopefully. The race will be held February 24 and 25th after the Fur Rendezvous. B - 3s Clarence Ladd Mr. Ladd stated that with the budget sessions coming up, he would like to bring the Council attention to a street the City owns that is not dedicated. The name of the street is Outside Way. He would like the Council to consiler opening it up this year. He also stated a person has been missing for about 2 months and he has been looking in old abandoned homes. He stated these are a hazared to children and should be burned or cleaned up. There are old refrigerators with doors on them He hope the City can budget some money to clean these up. --' Mr. Glotfelty informed him, we are in the process in doing the legal work at this time. CS MINUTES The Minutes of the Regular Meeting of January 3, 1973, were approved as distributed. -,Ds CORRESPONDENCE D - 11 George W. Easley - Dept. of Public Works Commissioner Easley wrote he was pleased to announce that the requested $500,000 for your airport work has been approved. D - 2s Barry Pegram - Monthly Police Report The Council have in their packet a copy of the Police Report for the month of December 1972. D - 3s Jack M. Spake - Kenai River Crossing Mr. Spake wrote the Kenai River Crossing project is in final review status at the present time. It is anticipated this project will be advertised the last of this month of the first week in February. i MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page five D - 4: Fire & Police Report Chief Wisecarver gave the yearly Fire report: Type of Alarm 1972 1971 Fires - Airport 8 11 In Buildings 28 32 Brush or Grass 6 5 Rubbish near buildings 3 1 Rubbish in Vacant lots 0 1 Dumps 0 3 Misc. Outdoor Fires 9 4 Vehicles in Street 5 7 6T �. Calls other than Fires Rescue or Emergency 172 141 Needless Calls 22 10 Accidental Alarms 318 20 False Alarms 8 2 ` Direct Fire Loss Building Fire Loss 46,850 53,900 Trailer Fire Lois 10,150 550450 Vehicle Fire Loss 2,100 280 ' i S� 3, o lor1w Persons killed by fire 0 3 Persons injured 0 2 Inspections 53 78 Training - man hours 5,958 3,475 i( Chief Pegram gave a 6 month Police Report. There were: 39 traffic accidents ' 13 injured 033,000 property loss I 547 traffic warnings 294 traffic citations 135 criminal charges 1 fatality 1 t } i V__ MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page six D 4 - 6 months Police Report - continued. Chief Pegram reported there has been several changes in the past six months. The communication system is manned on a 24 hour basis and with the Wildwood Contract the department is spending quite a bit of time out there. The officiers have put in 1,782 hours of voluntary overtime. This is equivalent to 2 full time officers. Councilman Hornaday asked Chief Pegram how the safety program is coming along on the highway. Chief Pegram related they have clocked cars with marked cars and will continue to do �,��� so in the winter if you like. C.Qc. ,���� -�� er.1,.c.- X c y!:Q: ,c/, Ole,(, . , xQ_�'e F: OLD BUSINESS° 1_ v- 0,7 `d 'rei A F - 1: Borough Assembly Seat Mr. Glotfelty reported Councilman Johnson has been filling the seat vacated by Councilman Norene during his recent illness. The Borough Clerk would like to know who is going to continue for insurance purposes. There were no objections to leaving the seat filled as it is. Councilman Norene ex- pressed his desire to serve should an opening arise. F - 2: City Audit �• Hornaday moved and Steiner seconded to acknowledge receipt of the audit for the City of Kenai for the year ending June 30, 1972. The motion carried unanimously by roll call vote. G: NEW BUSINESS G - 1: Resolution 73-2 - Budget Revision 72-73 Steiner moved and Hornaday seconded to adopt Resolution 73-2 amended by adding $8,655 to Land Revenue and $61,019 to _i Federal Revenue Sharing thereby balancing the budget in accordance with the proposal from the Finance Director. The motion carried unanimously by roll call vote. G - 2: Special Use Permit - Kenai Air Service Red Jaynes reported Kenai Air Service has requested a Special Use Permit on L2, 82, Small Aircraft Apron for aircraft parking and operations. The revenue would be $1,000 annually. Planning & Zoning Commission have approved this Special Use Permit. The Commission felt that because this is the last portion they would rather not lease a single lot so a provision was put into the Special Use Permit that this permit will become null and void upon 30 days notice by the City in the event the City receives and approves an application to lease this property. In this event, Kenai Air Service will J be allowed to file an application upon Lots 1 & 2, B 2, S.A.A. Right to lease the property will be decided upon by a bonus z-- _ _ T _r MINUTES, KENAI CITY COUNCIL MEETING, JANUARY .17, 1973 Page seven G - 2 - Special Use Permit - Kenai Air Service - continued. ti G - 3: G - 12: 1 -�G - 4: bid sale of the proposed lease after approval of each bidders development plan by the City Planning Commission. Norene moved and Johnson seconded to accept the recommendation of the Planning & Zoning Commission and approve the Special Use Permit to Kenai Air Service for L2, B2, S.A.A. The motion carried unanimously by roll call vote. Notification of payment - West-e-r-n & Assoc. The Administration has made payment to West-e-r-n & Assoc. in the amount of $46,917.21 for WPC-AK-33. Mr. Glotfelty reported they have asked for an extension of time and it was denied pending their justification. Notifications of payments - Wince, Corthell & Assoc. The Administration has made payments to Wince, Corthell & Assoc. in these amounts. 10,171.23 - Bush Lanes Project 415.65 - Valhalla Heights Project 9,129.74 - WPC-AK-35 7,636.75 - WPC-AK-35 Renewal of liquor license - Rainbow Bar Mr. Glotfelty reported the Rainbow Bar is delinquent in Borough Sales Tax, Real & Personal Property Tax and City water and sewer user charges. Administration recommends disapproving this license until these bills are current. McGrady moved and Steiner seconded to accept Administration's recommendation and disapprove this license renewal until the deficiences have been taken care of. The motion carried 'f unanimously by roil call vote. G - 5s Renewal of liquor licenses - Oaken Keg #54 & 58 1� G - 9: Renewal nf liquor license - Food Town Liquor Store G - 10: renewal of 1155or license - P zza Para sos_ - Beer & Wine The Borough and City obligations are current on these businesses. Norene moved and McGrady seconded to approve the liquor license ! renewals on Oaken Keg #54 & 58, Food Town Liquor Store and Pizza - Paradisos. The motion carried by roil call vote with Hornaday dissenting and Steinbeck abstaining from voting on the Food Town Liquor Store license. MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 G - 6: G - 7: G - 8: G - 11: G - 13: G - 20 :. G - 14 : G - 15: G - 16 : G - 17: G - 18: h G - 19 : Permit for games of chance & skill - Perm t for games of chance & sk 11 - Perm t for games of chance & s 1 - Permit for games of chance & a 11 - Page eight. Elks en Club Democratic Prcts H g Sc ool Club Tc Men's Club Hornaday moved and Johnson seconded to approve the permit for games of chance & skill for Kenai Elks, Billiken Club, Kenai Democratic Precenct 1-2-3, Kenai High School, Lions Club and the Catholic Men's Club. Unanimous consent was asked and granted. Assessment District The Administration is working on assessment districts for water, sewer and streets for the total City of Kenai. Because the discussion will be lengthy and because of the lateness of the hour, Administration would like to defer this until the next meeting. There were no objections from Council. Ordinance 213-73 - ndin Ordinance 99 Or nance 2. - - Amending Ordinance 180 Ordinance 21- - Repealing Or nance 52 Ordinance 2 - 3 - Amending Ordinance 81 Mr. Glotfelty stated these Ordinances are housekeeping Ordinances that Touche Ross recommended we pass. Administration recommends introduction of these ordinances and we will consult bond and legal counsels before adoption. The Clerk read the Ordinances by title. Hornaday moved and Johnson seconded to introduce Ordinances 213-73 - Amending Ordinance 99, Ordinance 214-73 - Amending Ordinance 180, Ordinance 215-73 - Repealing Ordinance 52 and Ordinance 216-73 - Amending Ordinance 81. The motion carried unanimously by roll call vote. Voting yesl Johnson, Norene, McGrady, Steiner, Hornaday and Mayor Steinbeck. Resolution 73-3 - Voiding lease in Etolin S/D Councilman Hornaday stated, the Council should not take action until we have a clarification from the City Attorney and would like to table this until then. There were no objections and was so ordered. E: REPORTS E - 1: City Manager's Report (a) Things to do list - 1/3/73 - The Things to do list of 1/3/73 have been accomplished. _ T _ T T -I- --_ MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page nine E - 1 - City Manager's Report - continued. (b) Civic Center The City Manager has met with the Borough Assembly, the Advisory School Board and the School District concerning their participation in the swimming pool. If they can get the funds through the School Foundation Act, the Assembly would delete the swimming pool in the High School. At this time, Mr. Glot€elty cannot recommend accepting any bid on the Civic Center, but will have a written report for the next meeting. E - 2: City Attorney's Report No report. E - 3: Mayor's Report �? Mayor Steinbeck reported he had a request from the Borough and from Mayor Hazel Heath for some representative of the City of Kenai to attend a meeting tomorrow night at 7:30 P.M. in the Borough building concerning the Trade Fair in San Francisco. The Council are invited to attend. l E - 4: City Clerk's Report ' No report. E - 5: Finance Director's Report Mr. McKee reported, you have been given, this past week end and on Monday, written reports and would like to talk to you a minute about the cash flow projection Council requested. The cash flow projection was done before the statement, because of work pressure in the Finance Department, however the cash -� flow projection will closely tie to the six month statement. He hopes that in the future he will be able to give you a t month by month projection. Mr. McKee would hope soon to be better enable to invest the funds we do not actually need to expend at the moment and invest these funds in very brief periods of time. At this time we have been restricted to Time CD's of not less than 30 days. He has been talking to the two banks to see if we can't get a situation where we can invest those funds for much less than thirty days and collect interest on them. This, he thinks, is entirely feasible, and has some indication ,f that this can be done. i i MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page ten E - 5 - Finance Director's Report - continued. He further reported, as to the monthly operating statement through December 31, 1972, they reflect the figures shown on the books of the City and will be glad to answer any questions on these particular statements. As to the Audit ending June 30, 1972, he has been through this report with the auditors, and in his opinion, both as Finance Director and as a Certified Public Accountant, this report appears to be a professional job done in accordance with what he would expect from a reputable C.P.A. firm. Mr. Glotfelty stated he is pleased to have the audit out and it will be available at the City office to anyone who is interested in looking at it. He further recommended the Mayor set up a Committee of Finance, Audit and Budget, to include the Manager or Assistant Manager of National Bank of Alaska, Alaska State Bank, the Finance Director, City Manager, Art Evans, a member of Council (he suggests Mr. Steiner) and a member of Administration to hold a monthly meeting to review monthly statements and work with the City Administration in preparing budget. There were no objections from the Council. Mr. Steiner asked if there were any objections to having Carl Hille on the committee and there were none. --N Mr. McKee stated that as of Monday morning all W21s for the City employees were out. By law these don't have to be out until January 31st. This take a tremendous amount of concentrated meticulous work to get these things out and get them right. He would like to take this opportunity to publicly commend the work of Penny Carty and Lillian Hakkinen on getting this done. E - 6s Planning & Zoning's Report Al Hudson reported on the Planning & Zoning meeting of January 10, 1972. The Commission discussed the rezoning of a portion of old townsite and the abatement of public nuisances. The Commission agrees the City should continue with the abatement of public nuisances and are going to consider the rezoning at the next meeting. McGrady moved.and Norene seconded to instruct Administration to continue with the abatement of public nuisances. There were no objections and was so ordered. Councilman Hornaday asked Mr. Hudson if the Commission is working on the cemetery. Mr. Hudson stated the Commission is working on a Master Plan and will have it before Council at their next meeting. MINUTES, KENAI CITY COUNCIL MEETING, JANUARY 17, 1973 Page eleven ".) E - 7: 1- .. Hs 1 r L ,) Borough Assemblymen's Report Assemblyman McGrady reported on the Borough Assembly Meeting of January 16, 1973. The Assembly introduced Ordinance 73-1 - School Budget and Ordinance 73-5 - Making a Supplemental Appropriation of $20,000 for consulting services. Ordinance 73-6 - Relating to a Real Property Tax Exemption for Senior Citizens was omitted for further study. The Assembly heard Jim Dirkes, M&M Bi-Lo on a tax objection. The Borough received $142,370 - Revenue Sharing. The Assembly discussed the hiring of a Borough Attorney. An Ordinance was discussed concerning establishing the Nikishka Service Area. Architect for construction of new school and the Seward fall out shelter was discussed. Resolution 73-1 - Adopting the Comprehensive Water & Sewer Study of the Kenai Peninsula Borough was adopted. Resolution 73-2 - A Resolution obtaining and utilizing certain lands for public purposes was adopted. Maurice Amundson, Cooper Landing and Allen Deitz, Kachemak City were appointed to the Borough Planning Commission. The next meeting will be February 6, 1973 at the Nikishka Fire Station. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: CITIZEN S GRIEVANCES AND REQUESTS: None. Respectfully submitted, Sharon Sterling, City �ierk THINGS TO DO LIST - 1/17/73 G - 4: Letter to ABC Board regarding Rainbow Bar License. G - 5: Letter to ABC Board concerning liquor licenses for G - 9: Oaken Keg #54 & 58, Food Town Liquor Store and �'"'� G -10: Pizza Paradisos .