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HomeMy WebLinkAbout1962-03-14 Council Minutes7-1 Kenai City Council Minutes Wed., March 14, 1962 Meeting was called to order by City Clerk. Richard Morgan nominated and elected Mayor pro tem. Roll call showed all members present except Mayor Swanson. Mr. Tru McGrady appeared before the Council and expressed the need for a City Ordinance which would require change of ownership of real property to be recorded with the City. He is presently working with the Board of Evalua- tion and without current records available, the Board is handicapped. City Atty. suggested subscribing to Lyon Reporting Service which would make it easier to keep City Records up• -to -date. Letter from Jay Lietzke read regard- ing the need for an Ordinance. Mr. Casey Fesperman and Mr. Lauren Murphy, Engineers with Harold Gal- liette, appeared before the Council and briefly outlined their work schedule for preliminary survey of water and sewerage systems. Mr. James Fisher, presented Atty.'s report and requested the Council adjourn for executive session. Carl Swanson moved, seconded by McGahan, the Council go into executive session for the purpose of discussing litigation, personnel and City Property. Motion passed. The audience retired to the adjoining rooms instead of Council moving with papers and records. Regular meeting reconvened after about an hour and letter from Mr. Tom Ross, custodian at the Kenai School was discussed. (Letter is included in the minutes.) The Atty. does not recommend court action as the facts are too muddy. His recommendation is that the best way to handle it is to prevent its happen- ing again. Mr. Carl Swanson reported for the Airport Committee that they hoped to introduce a resolution in the State Senate for paving the Kenai airfield. The Clerk's report was given and is included in the minutes. Correspondence was read. With consent of the Council the rules were suspended to discuss Mr. David Boyer's letter before Atty. Fisher left Council room. Mr. Fisher has replied to Boyer's letter citing the authority given in the ordinance to close City Streets. Mr. McGahan also questioned the Atty. on an Ordinance requested by the Deputy Magistrate to allow him to hold jury trials for the City. The Atty. ad- vised that jury trials are guaranteed unless certain classifications of offenses have penalty provided by fines, etc., also that the Supreme Court says that jury trials are not necessary for certain violations of City Ordinances. More study will be given to this subject. No. 20, Building Permit Ord., Second oral reading of Ordinance/was waived by unanimous consent and Mr. Mcgahan moved the sliding scale fees be changed to a flat $5.00 fee of buildings evaluated over $100.00 and the permit to be renewed after one year. Carl Swanson seconded, and after some discussion/the amendment passed. open to the public Kenai City Council Minutes Page two Mr. McGahan moved, TumSuden seconded, Ordinance b20 be.accepted as amended. Motion Passed. Carl Seamsn presented Res. #19, Building Permit Application, etc. Discussion was held and Mr. McGahan moved, seconded by Carl Swanson, that the words "Value for Financing" and"Financed by" be deleted and "Value of construction" be inserted. Motion to amend passed. Mr. McGahan moved, Carl Swanson seconded, Resolution #19 be adopted. Motion passed. Acting Mayor Morgan instructed the Clerk to request the resignations of Mr. Robinson and Mr. Warren from the Planning Commission. Names were QQ gested for persons to replace outgoing members Lietzke, Seaman and Thompsonl Mr. Carl Seaman moved, Carl Swanson seconded, the council approve the panel of names for appointment to the Planning Commission and the Mayor pro tem be em- powered to appoint three members who will accept. (Panel names are: Ernie Knackstedt, Tru McGrady, Raye Mullin, Gene Morin, Jeanne Lee, Al Lee and Al Poore.) Mr. Carl Swanson moved, Seaman seconded, the City advance $35.00 to cover court filing fees to initiate action to collect sales tax. Motion passed. Chet Cone moved, Carl Swanson seconded, the City subscribe to the Lyons Reporting Service,.at a cost of $3.50 per month. Motion passed. Clerk was instructed to notify Chief Peavley of executive session to be held in the anteroom of the City Jail, Tues., March 20, at 8 p.m. Carl Seaman moved, HcGahan Seconded, we move city materials and supplies out of the Fire Hall within two weeks. Motion passed. Carl Seaman moved, McGahan seconded, the City donate to the Fire Depart- ment the used water pump and furnace burner to be disposed of by them. Passed. Carl Seamsn moved, McGahan seconded, the City no longer use the Fire Hall as a work room. Motion passed. The Clerk was instructed to write the Kenai school board that the inci- dents described in Mr. Ross' letter were under advisement and they would be in- formed of future action. The City Jail will be inspected before the bill for final payment is made. In order to take advantage of the contract price quoted from Standard Oil, Council ruled it was all right to burn furnace oil instead of stove oil in the two City furnaces. Carl Swanson moved, Seaman seconded, we favor H.B. 318 regarding the engineering study for Turnagain Crossing and we so notify the legislators. Motion passed. Council Minutes Page three Upon instructions from the Council, Carl Swanson and the Airport Comm. will make a feasibility study of the City operating the Kenai Airport. Mr. McGahan moved, Carl Swanson seconded, we support HB-420,An Act Creat- ing a Public School Foundation Program. Motion Passed. Clerk requested an executive session to present list of businesses delin- quent in payment of sales taxes. Request granted at end of regular meeting. Clerk was instructed to notify Standard Oil regarding their request to erect a sign at the junction of Beaver Loop and Kenai Spur. The Outdoor Adv. Law prohibits erection of signs within sight of Primary Fed. Aid Roads. Clerk was instructed to inform Wm A. Smith Co., Inc. the Kenai River Bridge is to be included in Secondary Roads Program and the City has no need for the Moose River Bridge. Carl Swasnon moved, Chet Cone seconded, we accept the re -designed Inlet View Subdivision. Motion passed. Mr. McGahan moved, Cone seconded, the City buy the land the school sits on. Motion passed. Meeting adjourned to executive session for the purpose of studying delinquent sales tax returns. After half hour discussion, Council re-formed and Mr. McGahan moved, Carl Seamsn seconded, andy sales tax delinquent will pay the penalty as re- quired by Ordinance 2, Sec. 8. Motion passed. Meeting adjourned 12:30 am. Respectfully submitted, Frances Torkilsen City Clerk f Date: G Date: Motion: Motion: �V A/�4w'�" Morgan , Morgan RcGaj + McGahan i Cone u Cone 7 i -- Seam P A F- i Swanson M 5 4 D 1V Swanson U tsi SIA11.1, i i Date: y-G t Date: y G Motion: �/ Motion: i .. , 1� Morgan Morgan i McGahan ✓J/t Atl McGahan Cone Cone Seaman -�- Seaman i Swanson ! t� M 5 k c(e r Swanson "1 y yl 5 u j dt v, {1 � Date: Date: 3 �� j Motion: " _ 1 t�/ G L Motion: - -T_ o 4 � g PO Morgan U Morgan McGahan McGahan �Cone Cone ARM Seaman /��^ "" �yti/, �/s► • Seaman Swanson Swanson. a; T� �+�► .5�.ej a ,. Y(' Date: � � Motions y'G � Date: 0% Motion: i m AID`,toe Itorgan Morgan 1 MCGahan ykGahan 0� .�yd► Cone Cone _ Hayes Hayes Seaman 1 ' � Seaman Swanson . . �' Swanson Date: 3-�y-6L Date: Notion: Motion: Motion: 4 /1 Morgan 11 Morgan }tc�ahan � • KcGaha Cone 0 II Cane Hayes 0 Mayes 4,n, 3easaan Sea: "r C Branson + ,Swanson b . _ Date: 3—/ y- 4 Ai Motions / Z�A+ Motion: b4organ Morgan �to-=n McGahan Cone Cone Hayes Hayes Seaman 4 Seaman Swanson +S ` a Swanson '�.� • `+�� Date i `. Motion: � t i'c Nk Morgan • McGahan� 11i 1 ' Cone "" "' Hayes � Seamans U - Swanson �` ��j ou Date: Motions l7 Morgan f =ahan G Cone l YY �s vv �• Hayes Seaman Swanson ly "� , g • Date: Motions U Morgan McGahan Cone w a Hayes Seaman f Swanson • • a y - : g 3-.�y-d2, Date: Motion: 1� Morgan McGahan Cone Hayes Seaman Swanson Motion: Date: Morgan McGahanv Cone t�' p Hayes V� Seaman 0 .-- c Swanson . #4"4R i • • March 15, 1962 Mr. Tom Ross Box 372 Kenai, Alaska Dear Mr. Ross: Your letter of March 10, 1962, has been taken under advisement by the City Council and the City Attorney. They will most in executive session with Police Chief Peavley Tuesday, March 20, to further study the incidents described in your letter. You will be informed of any action that is taken. Very truly yours, Frances Torkilsen City Clerk copy to: Jas. E. Fisher Kenai City School Board Kenai City Council r''t�t. Kenai, Alaska Kenai, Alaska c March 10, 1962 Incident that occured Mar 9th, 62. _. • ^' About one and one half weeks ago, was attending my duties as night custodian (janitor), in Kenai school. During practice or the American Legion sponsored Americanism program. While in the corridor of the high school building, two surly youths whom I had never seen before to my knowledge, walked into the high school building. Conte --tarts in the oratorical contest were practicing in the gym, directed by Mr Cline. &iiie atteridi.ng to my vrork, these two strange youths strutted around the corridor, in and out of the entrance- way to the gym, into the rest room, made some undue noise but I declined to mention a word of caution as this was my first time to see these men and maybe my last, (I hoped). They later escorted one of the high school girls from the building. The practice and my work for the night ended about 11 pm with- out farther event. On Friday night March 2nd, about midway of the oratorical contest, two youths entered the building, one of them I recognized as one of the pair who had been in the building two or three nights previously as mentioned above. These two stood in the entrance -way to the gym and were soon joined by two more men whom I did not know. These four men seemed to know one another, and the foursome stood in the entrance -way to the gym leading from the high school corridor, blocking this entrance -way to anyone wishing to go in or out of the gym. One of the four seemed tottery and balanced himself by holding onto the chair con- tainer that sits just to the left of the entrance -ray. This container was empty of chairs and with the man supporting himself thusly, the container kept bumping 2. chairs placed on the gym floor and occupied by persons watching the program. These four men kept up a disturbance for some tire, talking in monotone to one another. At intermission, Mr Cline mentioned the fact to me that he thought one of t:e men a little drunk and that they would have to be removed from the building if they did not settle dorm. I stood in the corridor behind these four men as the program was resumed after intermission. The noise and dis- turbance continued. I took the taller, noisy man by the arm and told the four that they woulu have to be more quiet. I Pot a negative remark from two of the four, the s orter of the four (one of the two who had been in the building several days before), told rae "not to give him any trouble". 7 went immediately to Mr Cline and interrupted his prompting of speackers and told him that these men were continuing their disturbance. He and I confronted the four. Mr Cline told them that they would have to quiet downtt. I pardoned myself and remarked that they had already ignored my request to quiet down, and that they would have to sit down or leave V^e building. Mr Cline affirmed this by telling them that "they .wuld have to either sit down or leave the bui.ldingtt. The larger one remarked that "there were no seats". I pointed toward possibly 100 empty seats to the far end of the gym. Three of the four moved out toward these seats, the fourth hesitated and had to be coaxed further before he joined the three. Upon the close of the program, these four again blocked the exit from the gym to the corridor of the high school, Mr Hoover asked one man to leave and he refused to do so at that time. He later did go with his companion to his car and proved to be the driver. He immediately drove the car, a black sedan, Alaska license number 54615, into the walk -way and onto the apron of the building, stop- ,t' ing it when the wheels met the front concrete slab just outside the entrance. This concrete slab was occupied by students of Kenai school. 2. 1W,- 3. Mr Hoover asked me to get t-,eir license number and phone:ir Peavely. I did this, Xr Hoover related the details to Mr Peavely over the phone, including the fact that the men had invited him out to fight as t ey drove off th, school grounds. At that time, students, parents and teachers were leaving the building for the night. I continued my work alone. The following morning, Saturday, Mar 3rd, Mr Ieavely's po-lice car was parked in front of the Rainbow cafe. I went into the cafe, received a cup of coffee and motioned to Fir Peavely that he was wanted. After explaining that I was present the night before and had phoned him for Mr Hoover. Asked him whether or not he had apprehended the men to wh= h he replied, "oh no, they had gone south toward Soldotna and :sere beyond the city limits of Kenai". iic stated further "I'll get them.". Asked him on what charge? He said "nothin, as they had/lone anything sufficient to warrant arrest." Explained further to it Peavely that the incident was of concern to me since I was usually the sole employee in the school building during most of the hours of my work and would like to know what could have been done if the driver of the car have hit and injured a Kenai student. Mr Peavely explained that in that case he could have pursued then anywhere. This completed our conversation. As I needed the rewalts of this incident to use as an aid in case of any other trouble that might occur during my work at Kenai school, :rent to the office of Ur Jess Nicholas and explained the incident to him. He informed me that he did not condone such conduct as these men had demonstrated in their distur— bance of school activities. He further told me that Mr Hoover should assert pressure on Mr Peavely and get something done about it. I talked to Mr Hoover later and he explaihed that he and I had called the chief of police about the incident and relayed all deta13s. He said he did not knots whether or not any attempt had been made to apprehend the men involved and that he had had no further word from Mr Peavely since phoning in the details the night of March 2nd. Our conversation took place Monday I•larch 5th. He further stated that since no one had been hurt during the incident, it was over and that maybe a like incident would not occur. 3. f1 4. TA , A like incident did occar. On Friday, I,:arc:i 9th, there was another activity at the gyro in Kenai hi;h school exclusive to students of Yenai hi-h school, teachers in char p, and cnaperuns. at 9 pm, informed Mr Morin, dho was in charge of the activitie.= Chet it iwa s my lunch tune anti. that I was going to the Rig cafe for lunch. He gave me money and asked t:at I bring him a ham- burger with french fries, (but that is neither here nor there). However when I returned some forty minutes later, Mr Morin aas outside the high school building seemingly alert. He asked me if I had rtseen them". :,hen asked "see who"?, he said a T.)mmy Faye and others had entered the building and atte.apted to enter the gym, where activities were going on. Fe said to me that he had asked Faye if he was aquainted ,.ith Jess Nicholas. The men, he said, were reluctant to leave and used some harsh language to hi-n in so doing. Mr Morin remarked to me that he felt that he was outnumbered and that he had called "Red" Peavely. Mr Morin and I were having coffee soonafter when Mr Peavely arrived and ex- plained that he had accosied the car and occupants described to him over the phone by IIr Morin. Mr Peavely said he had stopped the vehicle near Parkers, restaurant at the time. He further stated that since I•ir ;florin had mentioned that Faye was in the bunch, he asked Faye, "what in Christ have you done now?" He told us that he had warned the :Ten that there was to be no further disti.ir- bance at the Kenai high school. Ir Peavely Trent on to say that the last charge he had against Tommy Faye, he had been talked out of any action by Faye's father. Mr Peavely told Mr Morin and I that since everything was under control at the school, that he mould leave it with us, he departed at that time. Soonafter, a black car drove up and blocked the entrance -way to the walk entering the front of the school, this space being the entrance and exit to pedestrians in front of Kenai high school. Mr Morin informed me that some of the previous disturbers were among the occupants. 4. r 5. Mr Morin said that he -eras going to phone "Red" Peavely. The black car occupying the walk -,ay appeared to be the s&ue car driven by one of the same men described earlier herein as disturbing activities at Kenai hi?h school. I ;calked to the rear of this black car and could not read the lettering on the plate since it was completely covered with snow and ice. Hesitatingly, I scraped the snow and ice free from the plate and saw that the plate was an Alaskan one bearing the letters 54615, the same as the car driven one ,reek earlier by the afore-menti,)ned man. Straightening up from examinin? the license plate, the driver asked from the drivers' seat, "what are you doing back there?" I replied, "getting the license number". He called out the numbers verbally to me to which I said "thanks, but I have ti!em already". Without further talk I made my way back toward the school house and iras approximately halfway to the school house from the posts in front of the school when a young man ea,ae running from across the street from a car parked on the Methodist church side of the street. Turning to confront this man, he said t,) me "what are you doing out here"? I ignored his question and asked him if the black car was his, he replied in the negative, I further asked him if he aas a passenger in the black car. He replied that he was not. I suggested that it was no concern to him and that he had better be on his gray. He apparantly thought otherwise and seemed enraged at this and lunged toward me, saying I'you s-o-b's have been picking on me for over a week and I'm getting G---d d--n tired of it". I had never seen this man before that time in my life to my knowledge and at this onslaught, pushed him away from me. He was further enraged at this and flailedwildly with both fists, all blows directed at my head. No blows struck me as I defensively rode him out keeping my head at his chest and tried to get my hands on hire but he was too much on the reverse for that. I am not adverse to fighting but my part in this was strictly defensive as I felt that should I get the upper hand, the three stalwarts would not let it long remain so. 5. b. I had a feeling of aloneness in this sxirmish even though several high school students, one parent and Mr Cline ..ere on -lookers. This aloneness was borne out a few seconds later as no student, parent or teacher voiced any yro rd in my defense when I was called a G--k su---r by one of the men from the black car and an S 0 B by one of the men in the Red Faye automobile. The driver of the black car said he would wait for Peavely to reach the scene in order that things could be straightened out. I crossed the street to obtain the license number of the car that had been occupied by Red r'aye and my assailant. This number was also volunteered by the man Arno had triea to hit me but the number had already been taken. I remarked to this man that he might give me his name, 1 t 1 he did this, he was Sam. something or other, according to hire. He stated that 4 held be there when the law arrived but the occupants of both cars departed shortly 1 i thereafter. i At this time, have had no .:ord on the disposition of the incident. Respectfully yours Box 372 Kenai, Alaska cc Kenai City school board cc file i i I