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HomeMy WebLinkAbout1972-10-18 Council Minutesa (I M KM .,A A G E N D A REGULAR MEETING, KENAI CITY COUNCIL. O(A-011ER 18, 1972, 8:00 P.M. PAGE PLEDGh OF ALLEGIANCE A: ROLL CALL. A - 1: PUBLIC HEARING - ORDINANCE 208-72 - TAXICAB ORDINANCE 2-S A - 2: PUBLIC HEARING - ORDINANCE 209-72 - PUBLIC HMPLOYMENT RELATIONS ACT S B: PERSONS PRESENT SC::::I)ULIiD TO BE HEARD, 1. Emmett Egan - Recreation Trailer S 2• A. G. Heibert - KTVA - TV 1-2 3, Esther Bergen 5-6 4. C: MINUTES 1. Regular Meeting of October 4,1972 6 D: CORRESPONDENCE 1• Dept. of Highways -'Traffic Survey 6 2. 3. 4. S. E: REPORTS 1. City Manager's Report 6 a. Things to do list - 10/4/72 6 b. Alaska Municipal League - 1972 Conference c- Glacier State f F.A.A. City Telephone 7 d• Dedication - Nov. S, 1972 7 e• G ant - Committee of Aging 2. City /�ttorney s Report 7 None 3. Mayor's Report 7 4. City Clerk's Report None S. Finance Director's Report None 6. Planning 6 Zoning's Report 7-8 7. Borough Assemblymen's Report 8 F: OLD BUSINESS 1• Alaska Municipal League Legislative -Program 8 2• Res ue Ac ount - Fire De t. 3. Rat ficat on - Mowwsen fgter F, Sewer Systems 8-91 9 ' 4. Ratification - Five Unit Apt. - F.A.A.' S. Ratification - Liquor -License Transfer 10 6. G: NEW BUSINESS I' 1. Resolution 72-'31 - Planning $ Zoning 10 2. Notification of payment - West-e-r-n F, Assoc. E' $91,160.47 - WPC-Alaska-33 10 3. Advisory Committee Charter Commission 10 4• Council Committee - Auditors -Recommendation $ Work Session Date 11 6. Notification of payment -Northwestern - $220,822.42-Phase II 11_- 7. 8. 9. 10. 11. 12. is H: PERSONS PRESENT NOT SCHEDULED TO BE HEARD � CITIZEN'S GRIEVANCES AND REQUESTS 1. 2. i' MINUTES, KENAI CITY COUNCIL REGULAR MEETING OCTOBER 18, 1972 8:00 P.M. - KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members Present - Robert Norene, H.J. Steiner, James Hornaday, o nso`n0—T'ru McGrady, Junior Councilman Navarre and Vice Mayor, James Doyle. Members Absent - Mayor John Steinbeck (excused) With consent of Council, agenda item B-2 will be heard first on the agenda. B - 2 A.G. Heibert - KTVA-TV Mr. A.G. Heibert, Manager of XTVA-TV and Jeff Bowden drove down from Anchorage to discuss with Council KTVA-TV's plans for improving the TV reception in the area. He stated they have had a translator at the white alice site for some time now. The translator has not worked well because of a background of interference. They are looking for another spot to omit the interference and to increase the power. They have made a location study. They need a site as high as possible and in the line of sight. They have found two locations. They look good but will need more study. They will need to file an application with the F.C.C. 3 ' This will take 90 to 120 days and by spring, should be ready to go. He stated if Council had any Questions, he would be ` glad to answer them. Councilman Norene thanked Mr. Heibert for making a special trip to Kenai. He asked about the overlap of signals in the winter time in the extreme cold. Jeff Bowden stated it could be because of the change of signal strength coming in. We get a feed back when there is not enough signal. Councilman Norene asked Mr. Heibert, if when there is an outage do you have to get permission to climb the tower? Mr. Heibert stated yes, they do have to get a security clear- ance every time it is necessary to climb the tower. PIS G—) MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -2- B-2, A.G. Heibert, KTVA-TV continued Mr. Fisher asked if they had considered sites in North Kenai. Mr. Heibert stated it was quite a ways off. Kenai would benefit but would be poor in Soldotna. It might not be possible to get all the areas served with one unit. The City Manager said then we cannot expect any improvement until spring. Mr. Heibert stated this is true, there are legal steps to be taken. Vice -Mayor Doyle thanked Mr. Heibert for coming. With consent of Council, B-3, Esther Borgen will be added to the agenda. Public Hearing - Ordinance 208-72, Taxicab Ordinance The clerk read Ordinance 208-72 by title. McGrady moved and Norene seconded to amend Ordinance 208-72 page 4, Section 10-13(5), to read, all taxes and other ob- ligations�ions due to the City and Borough must be current pr or to license renewal. The motion carried unanimously. Vice -Mayor Doyle recessed the meeting and opened it up to a public hearing. Mr. Ackerson stated he does not understand. Did you just pass the ordinance? Councilman Hornaday stated we merely made an amendment. If you want some changes, now is the time to do so. Fisher stated in Section 20-12(b), "1 bus and 1 limousine" should be deleted. Mr. Ackerson stated he accepts the deletion. Mr. Sullivan stated that according to the new Ordinance, there are 10 cabs listed. How long can you fail to use this permit and still retain it, or is it open for life? Mr. Glotfelty stated the way the Ordinance is written, the Council felt 10 cabs can serve the needs of the community. It is the perrogative of Council to approve or dissapprove the re- quests. If an owner does not meet the criteria at the end of the year, then those allotted positions will be dropped from the Ordinance. Mr. Glotfelty asked the City Attorney if this was a reasonable interpretation. Mr. Fisher stated it was a reasonable interpretation. The way to find out is to try. MINUTES, KENAI CITY COUNCIL. MUETINC, OCTOBER 18, 1972 Page -3- Public Hearing, Taxicab Ordinance continued fak Mr. Ackerson stated he can't understand how Council can allow another company to go into business when the other two aren't making a living. He stated he would like to see the minutes where the third company was allowed a permit. He further stated the second permit must also go through Cc-incil and it did not. Mr. Glotfelty stated he would try to answer several questions. The Council felt the public was not being served properly and authorized the issuance of a license to a new cab company. The administrations interpretation of Council was a man cannot run a business with nne cab, one being down for repair, main- tenance and inspection. Mr. Ackerson stated it seems that the administration is leading Council and not otherwise. By the old ordinance, it must go through Council. Mr. Love asked if there were any stipulations set out for safety and insurance. He has seen some discrepancies. Mr. Glotfelty reported there were. Mr. Deering stated that many of you are quite aware by seeing things that the community is on the down grade. It should be obvious that if business was here, we would have more cars on the road to serve the people. In regards to the issuance of a permit to the third party, he worked for each of the other cab companies. We gave him a job and he did more harm to the equipment. Vice -Mayor Doyle stated this is not the issue. We are having a public hearing on a taxicab ordinance. Mr. Ackerson stated you cannot stop a public hearing. Mr. Deering stated he did not know why all this transpired. Three weeks ago everything was perfect, then we received by registered mail a copy of a new proposed ordinance. Why weren't we told about the other permit. The City Manager stated he had received many calls that the cab companies were not responsive. Mr. Deering asked for specifics. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -4- Public Hearing, Taxicab Ordinance continued Councilman Johnson stated he resented this type of conduct. It has nothing to do with the Ordinance. Mr. Ackerson stated he would like to go through the ordinance step by step. 20-1(3), the last word "owner" should read "com any." 20-2(3) h, is no body's business 20-3(a) (2) & (3� - how do you prove 20-3(c), where do the police check this. 20-6(c) should include uniforms; 20-4 the first paragraph should be deleted or (e) should be changed. 20-7(b).10-minute is not enough, it doesn't equal the 9.00 waiting time per hour. 20-12(a)(1) no one checks the records. Mr. Steirs asked why give the Chief the authority to pick one specific garage. The City Manager stated a service station may have a pre- ference over cab companies. After some discussion on taxi meters, Hornaday moved to continue the public hearing until the next meeting. The motion died for a lack of a second. Vice -Mayor Doyle closed the public hearing and brought it back to the Council table. E ? Norene moved and Johnson seconded to delete 20-2(3)(h) "whether the same is mortgaged, the name of the mortgagee and the amount of the mortgage." The motion carried with McGrady dissenting. Steiner moved and McGrady seconded to change the last word "owner" to "company" in 20-1(3). Unanimous consent was asked and granted. McGrady moved and Norene seconded to change the word "shall" to "May" in Section 20-4(e). Unanimous consent was asked and granted. Norene moved and Johnson seconded that in Section 20-7(b) .10-minute and delete the $9.00 waiting time per hour. The motion carried with Hornaday and McGrady dissenting. McGrady moved and Norene seconded to delete "1 bus, 1 limousine" in Section 20-12(b). Unanimous consent was asked and granted. F - MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -5- Public Hearing, Taxicab Ordinance continued. Steiner moved and Norene seconded in Section 20-12(b) to ' change Thomas F. Sullivan dba Flash Taxi Service - 2 taxicabs to 1 taxicab. The motion failed. Voting yes, Steiner and Hornaday; voting no, Norene, Johnson and McGrady. Norene moved and Hornaday seconded to Adopt Ordinance 208-72 - Taxicab Ordinance as amended. The motion carried unanimously by roll call vote. Voting yes; Norene, Steiner, Hornaday, Johnson and McGrady. A - 2: Public Hearing - Ordinance 209-72 - Public Employment Relations Act. The Clerk read the Ordinance by title. Vice -Mayor Doyle recessed the meeting and opened the meeting for a public hearing. There was no public participation and the public hearing was closed. Hornaday moved and Johnson seconded to adopt Ordinance 209-72 Rejection of provision of Chapter 113, Session Laws of Alaska, 1972, (Public Employment Relations Act). The motion carried unanimously by roll call vote. Voting yes, Norene, Steiner, Hornaday, Johnson and McGrady. B: PERSONS PRESENT SCHEDULED TO BE HEARD B - 1: Emmett Egan, Recreation Trailer Mr. Egan stated that since the last meeting, he requested an audience with the City Attorney and he set forth some guidelines. He felt that perhaps if this trailer was transferred to the North Kenai Fire Dept., or a governmental entity, it could be moved before May, 1973. The North Kenai Playgrounds Assoc. ` would assume the responsibility. Norene moved to take the motion off the table. The motion died for lack of a second. Mr. Fisher explained the North Kenai Playgrounds is a non-profit organization and not a political subdivision. B - 2: A.G. Heibert - KTVA-TV Heard first on the agenda. Vice -Mayor Doyle declared a 10 minute recess at 10:15 and then brought the meeting back to order. B - 3: Esther Borgen Mrs. Borgen requested a meeting with the Chief of Police and police officers concerning harassment. MINUTES, KENAI CITY COUNCIL. MEETING, OCTOBER 181 1972 Page -6- B-3, Esther Bergen continued She also requested the City do something about the cemetery. The roads are terrible and the site is in poor shape. Councilman Hornaday stated this should go to the Planning and Zoning Commission to see if we should double this site or get a new site. Councilman Norene suggested Council direct the administration to immediately put more gravel on the access road. Mrs. Bergen further stated the City should not have a local boy on the police force for this community. i C: MINUTES The minutes of the regular meeting of October 4, 1972 were }� approved as distributed. D: CORRESPONDENCE D - 1: Dept. of Highways - Traffic Survey Jack Spake, Central District Engineer with the Dept. of Highways wrote of the traffic volume necessary to install traffic lights. ( E: REPORTS E - 1: City Manager's Report (a) Things -to-do list - 10/4/72 -- f ` Mr. Glotfelty reported the things -to-do list as being accomplished. (b) Alaska Municipal League - 1972 Conference Mr. Glotfelty asked for the authority to have four Councilman, 3 Planning $ Zoning Commissioners and four persons from administration attend the Alaska Municipal League Conference in Anchorage, October 25-27. Johnson moved and Norene seconded that these people be - allowed to attend the Alaska Municipal League Conference in Anchorage. There were no objections and was so ordered. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -7_ E-1, City Manager's Report (c) Glacier State $ F.A.A. City Telephone Glacier State objected to hooking up on the electronic P.B.X. system of F.A.A. Friday, Glacier State is going to install regular phones at the new Public Safety Bldg. (d) Dedication - November 5, 1972 Mr. Glotfelty reported the dedication for the Public Safety Building, the Urban Section and the Airport Improvements will be held November S, 1972 at 2:00 P.M. Governor Egan and Senator Stevens and hopefully Congressman Bogich will be there. (e) Grant - Committee on Aging The Committee of Aging have received a grant in the amount of $14,361.60. E - 2: City Attorney's Report No report. E - 3: Mayor's Report Mr. Glotfelty reported Mayor Steinbeck phoned and said the bonds on the latest $1,000,000 bond issue are signed and he is on his way home. E - 4: City Clerk's Report No report. E - S: Finance Director's Report t� No report. E - 6 Planning $ Zonings Report Al Hudson reported on the Planning $ Zoning Commission meeting of October 11, 1972. The Commission held a public hearing on rezoning of Waldo Coyle's property. They approved, with a few questions, a subdivision of Ron Kiel's. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -8- E-6, Planning/Zonings Report The Commission will hold a public hearing on a proposed f trailer ordinance on October 25, 1972. E - 7: Borough Assemblymen's Report Assemblymen Norene reported on the assembly meeting of October 10, 1972. The election results were ratified. The new assemblymen and Borough Mayor were seated. The assembly adopted an ordinance for a supplemental appropriation to the Homer School for $105,000. An ordinance to keep the Borough dry on election day was adopted with some objection. An ordinance was adopted for a supplemental appropriation for service roads and trails in the amount of $104,000. A rezoning ordinance within the City of Homer was adopted. An ordinance regarding solid waste disposal was tabled. ' The assembly accepted the receipt of the auditor's report. Assemblymen Arness and Norene were appointed on the Committee - to review the sales tax ordinance. The sales tax will not be in effect in December unless replaced by a use tax. They will make a report to the Council after their review. F: OLD BUSINESS ` F - 1: Alaska Municipal League Legislative Program ' There is a copy of the Alaska Municipal League 1973 pre- liminary policy statement prepared by the League Legislative Committee in June, 1972. Councilman Hornaday is a member of the Legislative Committee. He stated he would be supporting some of their resolutions, one of which is return platting, planning and zoning power to first class cities and another the one year residency. F - 2: Fire Rescue Account -- - The Rescue Account is now in the Central Treasury. Mr. Glotfelty would like Council's authority to set up a $1,000 rescue account in the custodian of Chief Wisecarver and Captain Thomas. The checks would require both signatures. The rest of the monies in Capital Improvements and authorized to be spent only by Council. He felt they should continue selling the i' ambulance cards. 1 MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -9- F-2, Fire Rescue Account continued Councilman Doyle suggested the $5,760.64 be left in time deposits. Councilman McGrady suggested to transfer the remainder into time deposits. Councilman Hornaday asked if there would be $1,000 in the account at all times. Mr. Glotfelty stated they would start at $1,000 and when they reached say $300, ask for approval out of revenues to bring it back to $1,000. McGrady moved and Steiner seconded to accept the Administrations recommendation, as presented, on the Fire Rescue Account. The motion carried unanimously by roll call vote. 3: Ratification - Mommsen Water/Sewer System Hornaday moved and McGrady seconded to ratify the Council's action of October 11, 1972 and instruct administration to continue working to obtain necessary easements, use.permit and other permits necessary from government agencies to obtain an agreement from the subdivision owners and necessary government agencies to pass clear title to the water and sewer systems and apertenances in Mommsen S/D to the City and that E� the City go no further than to provide the basic maintenance to the present systems. That maintenance to be at the expense of Small Business Administration until the above forementioned objectives are obtained and further moved the residents in Mommsen S/D be urged to contact the appropriate agencies, individuals, and organizations responsible; and Council being aware of the emergency measures of the problem. After some discussion Norene moved to amend the motion to read "in the event the water source is depleted or declared unfit for human consumption, the City of Kenai will do everything in its power to aid them." The motion died for lack of a second. The main motion carried with Norene dissenting. F - 4: Ratification - Five Unit Apartment - F.A.A. Johnson moved and Norene seconded to ratify Councils action of October 11, 1972 and give the authority to the administration to provide the five unit apartment building in the F.A.A. Complex on a year to year basis to the Kenai Community College. Renovation, maintenance and utilities will be on a no expense to the City basis. Unanimous consent was asked and granted. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -10- F - 5: Ratification Liquor License Transfers Norene moved and Johnson seconded to ratify Council's action of October 11, 1972 and approve the transfer of the beverage dispensary license from Lawrence H. Lancashire and Florence T. Lancashire dba Larry's Club to Lawrence H. Lancashire and Florence T. Lancashire and Jack E. Rose dba Larry's Club. The motion carried. Voting yes; Norene, Steiner, Johnson, McGrady and Doyle. Voting no; Hornaday. Absent, Steinbeck. Johnson moved and McGrady seconded to ratify Council's action of October 11, 1972 and approve the transfer of the beverage dispensary license from Lawrence H. Lancashire and Florence T. Lancashire dba Larry's Club to John F. and Margaret I. Steinbeck dba Foodtown Liquor Store. The motion carried. Voting yes; Norene, Steiner, Johnson, McGrady and Doyle. Voting no; Hornaday. Absent, Steinbeck. G: NEW BUSINESS G - 1: Resolutions 72-31, Planning and zoning Mr. Glotfelty stated this resolution doesn't concern the specific problem with the Borough deleting a certified Planning Director within the Borough. Hopefully, this will f be corrected soon. The Federal agencies require an area wide plan for future development before they can approve grants. This resolution has to do with returning platting, planning and zoning within first class cities. McGrady moved and Johnson seconded to adopt resolution 72-31 returning platting, planning and zoning to first class cities. J� The motion carried unanimously by roll call vote. G - 2: Notification of payment - WEST-E-R-N $ Associates. The administration has made payment to WEST-E-R-N and Assoc. for estimate 06 in the amount of $91,160.47 - WPC-AK-33. G - 3: Advisory Committee Charter Commission Councilman Hornaday stated that several members of the community are interested in working on the Charter Commission. We have had good results from Mayor's Advisory Committee. Hornaday moved and Steiner seconded to announce in the papers and on the radio and ask persons interested in working on a Mayor's Advisory Committee on the Charter Commission to contact City Hall. Unanimous consent was asked and granted. a=Vol MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 18, 1972 Page -11- G - 4: Council Committee - Auditors - Recommendation and Work PON Session ate I Council agreed to have the work session Saturday, October 28, 1972 at 9:00 A.M. in the City Manager's office. G - 5: Notification of Payment - Northwestern - $220,822.42 - Yhase 11. The administration paid Northwestern Construction Inc., $220,822.42 for Phase II, Kenai Airport. Meeting Adjourned 12:15 A.M. Respectfully submitted, Sharon Sterling, City C rk Fn THINGS TO DO LIST - 10/18/72 1 roo� B - 3: More gravel on Cemetary access road. F - S: Letter to A.B.C. Board regarding liquor license transfer from Larry's Club to Foodtown liquor store. G - 3: Advertize in the newspapers and on the radio for anyone interest in working on a Mayor's Advisory Committee on the Charter Commission to contact City Hall. I