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HomeMy WebLinkAbout1963-12-04 Council Minutesi AGENDA - KENAI CITY COU,VCIL MEUNG 4 DECE45ER 1963 ROLL CALL �'�f�, PE VS S HEDULED TO SE HEARS; 0d�+�.) Wit ` &Uvi IdINUTES CORRESPONDENCE �L jum Thorgtumson .in .the amount os $1142.03 - tegat opinion on temouay poaeit bond and Son pewment (?) revenue poweh bond. REPORTS - Atty. iUw Cterk I Conv".6-ion4 I Ga.e,Ci.ette caZted Monday; he wilt be going .to Seattte Sun. 8 Dec. to HHFA with att docwmAta to 6inaUze wateh 9 aewen project. i0 ZE catt the ossice Thum. on. Fxi...to get that minute check on action .taken here re Ordinance, ea6ementa, etc. UNFINISHED 3USIVESS:- --'Ord. 058 - G►atm Bond 1&d. 039 - Seweh Bond --loning Ord. Ord. adopting City Code Pay rates - Citr! Eopta yeea REV BUSINESS: Ord. Providing Alt Obt i.ga ti.on o S Hottderh o 6 A.tcohot is Severage Li.cenaea de Cuvutent, Etc. " Decision as .to w1w wZU reptuent tie City on the dorough Aasembt,I ???? KENAI CITY COUNCIL MIINUPES 4 DECUIBER 1963 Meeting was called to order at 9:05 with all members present bu Mr. Lofstedt. Ton f Bordanelli addressed Council re paying interest and penalty on the entire amount of a property tax when one Pays first half of the tax, then paying interest - nd pen- alty on delinquent second half also. In addition he questioned paying penalty on de- linquent sales tax. In the absence of the Atty., this was referred to him for next week's agenda. Speakers from the floor were Ruby Coyle and Roger Heeks. Mr. Mel Gibbs reviewed The Electric System Study submitted by R.W.Beck $ Assoc. fie emphasized the importance of filing for a Service Area. Mr. Richard Dority requested a re-calssification of his apartment houses from commercial to residential. He was informed by the Mgr. of KCL that this can be done if he will in- stall separate meters for each apartment. Council questioned Mr. Malone re description on easements for W$S; The Atty.'s written report had suggested Mr. Malone be employed to acquire these easements as he thought a professional man could best explain the situation. Council had already arranged with Phil Wilson to obtain the most of the permits, etc., but also instructed Councilman Morin to call Galliett requesting him to attend to acquiring rights -of -way. Eugene Roguszka explained to Council the need to submit a Project Application for Fed. Funds. He submitted a resolution authorizing the Mayor to sign such application. He reported work is going according to schedule; approval of the design should be had by latter part of Dec.; they hoped to invite bids late in Jan or first part of Feb.; ease- ments for the approach zone will be obtained. Council questioned the responsibility of getting easements, but the Airport Commission has not yet decided how much work will be involved, therefore has not determined wbo will obtain the easements. Mr. Morgan presented Resolution N63-� fthorizing the Mayor to Execute the Project Application to FAA for $666,667.00. Mir. Morgan moved, Morin seconded, to approve Res. 63-32. Motion passed unanimously. Minutes of the last meeting were approved. Correspondence was read. Memo from the Atty. re a hearing at Court; KPC vs. CUL; Council thought it unnecessary for the Atty. to attend the hearing on Monday; letter from the Corps of Engineers re Condition 30 of the Dock agreement. Mr. McCann moved, Morin se- conded, the Mayor be authorized to sign the amended agreement. Passed unanimously. Resolution from the Atty re Turnagain Crossing. Mr. Morgan presented Res.#63-33 wherein the City urges a study of the Hwy. System in Conjunction with the Turnagain Crossing. Mir. McCann moved, Morin seconded, to acopt Res. #63-33. Passed unanimously. The Clerk reported: Mr. Killen requested a commitment in writing to Sparkman & MacLean to the effect that the City will assume mtce. of the Streets in Miommsen Additions, No. i $ 2 after paving. Clerk was instructed to write said letter.; Mr. Galliett had called three times re W & S--he emphasized the City should contact Mir. Roy Jenkins urning lowering the grade on Kenai Spur in from of the business houses across from the Airport property --also flattening the curve at the Airport. 'tie stated the latter would add valuable property t-) that facing Overland Ave., making this an asset when W & S are installed on Overland. Mr. Galliett also suggested the City might app rash the Dept. of HWYs. about the C*ty's dumping fill at the dips, thus widening the road i Ir. ; ., Council Minutes 4 Dec 63 Page two if the Ilwy. Dept. would be willing to install an extension on the culverts. Council seemed to think this road had already been widened and it would be too expensive for the City to haul material that far. Mr. Galliett is sending forms to be signed and returned as soon as possible. lie will advertise for bids the 10 of Dec. and specs are being typed now.; the Clerk also read a letter from a property owner wherein he had sold two pieces of property and was submitting his share of the tax as he thoght it should be prorated --the buyer had already been in the office and paid the tax on the entire parcel, so the City reimbursed the buyer the amount paid by the first owner --this was brought to Council to emphazise the importance of firming up the sub- division Ordinance. Council also suggested the Ordinance requiring property owners to record or register with the City any changes in property ownership be enforced. The Clerk was instructed to direct a letter to the Dept. of liwys. re Galliett's sug- gestions. Also Knackstedt will contact Ken Sappington re 35 mi. an hr. signs at either end of the main part of town on the Kenai Spur. The Atty. will be asked to submit the requested amendments to the Subdiv. Ord. and also material requested re sales tax for Kenai Bill's Club. Mr. McGuire will be requested to submit a Copy of the Articles of Incorporation. and sale Mr. McCann presented Ord.4158 Providing for the issuance/of $75,000 in Water Revenue Bonds. Mr. Knackstedt moved, Swires seconded, to accept Ord.A958. Motion was open to discussion; roll call vote passed it unanimously. Mr. McCann presented Ord. eS9, Providing for the Issuance and Sale of $75,000 sewer revenue bonds. Mr. McCann moved, Knackstedt seconded, to accept Ord. #59. Roll call vote showed unanimous approval. Mr. Morgan moved, McCann seconded, to remove the Zoning Ord. from the table. Passed unanimously. Mr. Morgan presented amendments to the Zoning Ordinance which are included with these minutes. He also presented a revised Zoning map. These amendments were approved by two motions: Mr. Morgan moved, Swires seconded to acopt the amendments to the Zoning Ordinance as presented. Passed unanimously. A second group of amendments were presented with the map; Mr. Morgan moved, Swires seconded, to adopt the amentments with the map. Mr. Morgan moved, Swires seconded, to adopt the amendments, including the map. Passed unanimously. The Clerk presented amendments, which are included in these minutes. Mr. Morin moved, Knackstedt seconded, to adopt the amendments presented by the Clerk. Passed unanimously. Mr. Swires moved, Morin seconded, to adopt the Zoning Ordinance for second and final reading. Roll call vote showed unanimous approval. Council ex- pressed thanks to the many citizens who helped revise the Ordinance as it is felt the present Ord. will give Kenai a chance for orderly development. Council will meet Sat. at noon in the Library to discuss an Assembly representative to the Borough and also policies to be pursued. i Mr. Jaynes inquired re pay schedule for City employees and requested a raise for Gordon Baktuit, plus pay for 25 Nov. (Day of Mourning - Pres. Kennedy). Mr. Knackstedt moved, McCann seconded, that Gordon Baktuit be paid $3.50 an hr. as of 1 Dec. and that he be paid for 25 Nov. Passed unanimously. Discussion was held on the Sales Tax Ord. The Clerk presented an opinion from the Atty. along with a copy of the Alaska Statute re penalties and Interest AS 29.10.453) which was submitted to Council in July 1962 wherein 8% interest and penalty is applied to the entire amount of the tax when it becomes delinquent. j r Council Minutes 4 Dec 63 Page three Discussion was also held re Service Area for KCL. Mr. Morin moved, Knackstedt seconded, the KCL Service Area be the City Limits plus five miles. Motion passed with Morgan dissenting. Clerk was instructed to request Mr. Crinklaw to direct a letter to CUL re volt meters, etc. Also to remind CUL the City expected conditions of the contract to be fulfilled. Meeting adjourned 1:30 a.m. Respectfully submitted, Mrs. Frances Torkilsen City Clerk lu l y�G3 XA�Qk.�3.3.3 gm a�- avz-cc� Ad, "59 v ffi Am . A/y&,MOL. . 3 i T ` b 4. G 3 19 ed -tom t�Cc L )?7� A-, G � ON to4-l"Al d �[. _+,i"l� 1 - .• ! ITS .+ -`• r' ' 1 {"3.�4 i- , a 3q ;,d r h'j �C�{: ice• ! �� �- " �.�(1 � - �� _ , t.�� � f`C 81J. J i tr' 1•�' T ' " � I - i _ tf �t r ` yI a // .•��' y . �'{r_ � ' � , y-• ..>t-' -T � � � f�Z t � ,I . 7, ll � k� ',SrJJ 1 !1 i • •+ !'1 f !A� lI YYt� _- � U r ;1'�.. , � yak o� � r1 +{. ¢ , 4• ...�i--'•r;��a.ic;-r. �y-. � d �_-, • �l ,, L E Q [ 2:PIP LA No [�j f%�i Ai`�D F Go � .,. 1 '� Y � � .r _�. � � � `�Ac�i.. { � • r� t t (,( L•c `/ �. ' ` "'t''^I�` -�` _��,. .,. a ,� � � _`f; �.�;`j a •l � � _ i� i I ZONING OF __4 Morgan's Amendments to Zoning Ordinance No. 56: (Continued) Sec. 14 - Off St. Parking,: to Para #1 add: "or at the time of alteration" after the words "new construction". Delete Para #2. Sec. 14: A(14) Industrial and manufacturing establishments - one public parking space for every three employees and officers, or for every 400 square feet of gross floor area whichever results in the maximum number of parking spaces. Sec. 14: B 1. Delete "It is suggested" Start with capital E--Every lot... B 1. a Delete "paved or otherwise". Sec. 14 B 6. insert "lletailed" for first word before"plans". At the end of that paragraph add "All such lands or premises devoted to the uses herein described and existing at the effective date of this ordinance shall comply with these require- ments within two years.'.' Clerk's Amendments: Page 138, F 1. 6' not 26' . Pages 112 and 134 - descrepancy; on one instance refers boundaries to Planning Commission, in the other to the Board of Adjustment. Which does Council wish it to be? Council says "Board of Adjustment" on Page 112. Sec. 18 D. Written application for a certificate of occupancy for a new build- ing or structure, or for an existing building or structure to be altered, shall be grade at the same time as the application for the building permit. Amendments to Zoning ordinance (John Ault) 1. Section 2.,C, 1. Delete 7,200 and Insert 20,000 therefore; delete 60 and insert 100 therefore. 2. Section 5-3.-2. Delete 3. Section 6 - B. - Add subparagraph an follows: 2. All residential uses except dwelling for a watchman or care- taker employed on the premises or owner operator and members of his family. 4. Section 18 Add the following subparagraph C. Falsification of a certificate of occupancy for a use of property or a building not in conformity with such certificate shall be deemed a violation of this ordinance, 5. Section 19 A. Add the following sentence. It shall be the duty of the City Clerk to enforce the provisions of this ordinance pertainin to the use of land or buildin? for which any license is required by any other ordinance or the 8ity. 6, Section 21 B 4. Legal references are obsolete. Have these brou;ht current by the attorney. 7. Section 22. A. Iddx V1zkxkJ= substitute a coma for the final period and add the following"and further use of the rMoperty or maintenance of any building thereon shall constitute a violation of this ordinance and shall be punishable accordingly. 6. Correct page numbering to be in sequence and correct indexj,A f Amendments to Zoning Ox-dinance--- 4. 1. Section 3, A., delete and r^place with the following: "Cemeteries". 2. Section 5. add the following paragraph F. Off -Street Loading 1. Adequate off-street loading space accessible to a public street.shall be provided. 3. section 9., G. Fences and Walls -- delete in its entirety and in- sert the following: 1. Fences and walls not exceeding six feet in height may occupy any portion of a side or rear yard in any "R" district pro- vided that where such fence or wall projects beyond the front yard line or setback line toward the front property line, the following further restrictions shall apaly: a. Such fence or wall shall not exceed four feet in height, and shall be constructed so that not more t!ian 500 of the vertical sur- face thereof above a height of two feet is solid wall. b. Planted hedges projecting beyond the front yard line shall not exceed the maximum heights permitted for fences or walls. c. No fence, wall or hedge shall be erected or maintained on the public property beyond the front property line of any lot or parcel of land, except masonry or concrete retaining walls, and then only to a height not to exceed six inches above the grade of the earth such wall is constructed to retain. A permit shall first be secured from the building official approvin-; the necessity for and type of such retaining wall. A 4. SECTION 13,tXISTINs U3i;S, replace the period with a comma and add the following "provided A. That if such non -conforming use is discontinued for a period of over one year or is abandoned, the use of such land thereafter shall be subject to the provisions of this ordinance. A, That no building used for such nonconforming use shall be I added to, structurally altered of enlarged in any manner, except as required by another ordinance of the city or by state law, or in order to bring the building and its use into full conformity with the provisions of this ordinance# Amendments to 7,on3.ng Ordinance ;ontinued --- 3. That no nonconforriin , use occupyin- a conforming building or portion thereof, or occupyin; any land, shall be enlarged or extended into any other portion of such '�uilding or land not actually so occu- pied at the effective date of this ordinance. B. Any buildin; or portion the .eof in existence prior to the effective date of this ordinance :which is specifically designed or ar- ranged to be lawfully occuied or used in a tanner not conforming to the provisions of this ordinance, may the eater be so occupied or used, subject to the limitations set forth above for existing nonconforming uses. The term in"existence" shall include, for the purposes of this section only, any building under actual construction at such date, provided that such buildin,& be completed within one year therefrom. G, No building which has been damaged or partially destroyed to the extent of more than 75% of its assessed value shall be repaired, moved or altered except in conformity with the provisions of this ordinance. D. The provisions of this section shall apply to uses which become nonoonforming by reason -)f any amendment to this ordinance, as of the effective date of such amendment. E. Regardles- of any other provisi7m of this ordinance, any junk yard as defined herein, which after the adoption of this ordinance exists located in any district other than an "I" district as a non- conforming use, is hereby declared to be a public nuisance and shall be abated, removed or changed to a conforming use within two years thereafter, 5. Section 140 Opp -STREET PARXING AND LOADING AREA RMULATIONS Delete in its _ Sinanee. 6. Section 15, SIGN REGULATIONS, paragraph 1., b. change 32 to 16, paragraph d. change 32 to 16, paragraph e. Add paragraph 4. I!o signs illuminated with flashing or inter- mittent lighting shall be pe-nitted in an"R'; District. 7. Section 19, ENFORCL'- NT AND PENALTLS, paragraph c. Add the fol- lowing sentence "Each and every day that said violation continues shall be deemed a separate and distinct violation. Amendments to Zoning ordinance ;ontinued 8. Section 20, C, 2., add the following; sentence. For the purposes of this section, "Property owner" shall mean that owner shown on the latest tax assess.-ient roll. 9. Section 20, C, add the following paragraph: 10. Any variance approved by the Planning commission shall be i conditional upon the privilege ;ranted being utilized within six months after the effective date of the variance. In the event some ! in construction work is involved it must actually co=ence with/the stated period and must be diligently prosecuted to completion, otherwise the variance is automatically voided. In such cases the Planning commission may extend the time )f the construction start if satisfac- tory evidence of plannin,: aro-ress is presented. 10. Section 22, replace the final period with a comma and add the following: and further use of the property or maintenance of any building thereon shall constitute a violation of this ordinance and shall be punishable accordingly. 11. Section 23, C. 3. delete the words "the City" and insert in lieu thereof "an area proposed to be rezoned. 12. Section 23, J. add the following after the word dollars -- for any one lot plus one dollar for each additional lot included within such petition.. 13. Zoning map of the City of Kenai attached.