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HomeMy WebLinkAbout2002-07-17 Council MinutesAGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 17, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us BOARD OF ADJUSTMENT HEARING -- 7:00 P.M. (Appeal filed by Ralph Van Dusseldorp of the Planning & Zoning Commission's approval of PZ02-29, An Application for a Conditional Use Permit to Amend Conditional Use Permit PZ88-27 to Include Cabin Rentals for the Property Known as Lot 1, Angler Acres Subdivision Part 4 (1005 Angler Drive), Kenai, Alaska. Application submitted by Gary Foster d/b/a Foster Landing, P.O. Box 2505, Kenai, AlnQVn 1 ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Resolution No. 2002-52 -- Directing the Continuation of the Project Entitled "Basin View Subdivision Special Assessment District (Dolchok Lane, Kim-N-Ang Court, And Cub Court)" and Designating What Improvements are to be Included in this Project. 2. Resolution No. 2002-53 - Transferring $15,200 From the Water and Sewer Fund STP Contingency Account to Repair and Maintenance for Purchase of an Aeration Blower for the Basins. ITEM D: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning 8, Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention &. Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM E. MINUTES 1. *Regular Meeting of July 3, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2, 500 3. *Ordinance No. 1962-2002 -- Changing the Recreation Zone by Amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Development Requirements Table) and 14.22.0 10 (Land. Use Table): 1.) to Allow Lodges and Bunkhouses as Principal Permitted Uses; 2) to Not Allow Four or More Family Dwellings as Either Principal Permitted or Conditional Use; 3) Allowing Retail Businesses as a Secondary Use in Certain Cases; and 4) Changing Minimum Lot Requirements. 4. Discussion -- Concept for Addition to Multipurpose Facility and Arctic Winter Games. 5. Discussion -- Changes to U.S. Bureau of Land Management Restrictions/ City Boat Landing Facility. 6. Discussion -- Local Improvement District - Schooner Circle/Report to Council. ITEM 1: REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K. DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING l JULY 17, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wvcwv.ci.kena.i.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:54 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2., ROLL CALL Roll was taken by the City Clerk. Present were: Porter, Bannock, Jac,man, Williams, Swarner. Absent were: Bookey and Moore. A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Richard King -- Charges at city dock. ADD AS: B-2, Tim Wisniewski -- Skateboard Park MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Richard King -- Charges at City Dock. King stated he is the only independent fisherman using the city dock to unload his � catch ' c and that he felt the wharfage fee is too high. Because the cost is so high, he will KENAI CITY COUNCIL MEETING JULY 172 2002 PAGE 2 be forced to sell his fish to one of the canneries and did not want to do that. He added, he understood the costs of liabilities involved in running the dock, but didn't think one independent fisherman's payments would cure that problem. King suggested the city establish a per hour rate for the balance of the season and noted the City of Homer unloads independent fishermen's loads for free. King also noted he had information regarding some federal funding grant programs that could offer some relief in running the dock and offered his help in searching for information, etc. It was suggested King attend some Harbor Commission meetings to offer his information and ideas, as well as apply for appointment to the Commission when a position becomes available Williams stated he would like King to discuss his concerns and ideas with administration and added, partnering with other groups in the area may be very viable. It was also noted the General Fund supplements the operation of the dock and if rates would be cut, the costs would be transferred to the taxpayers and that it was probably too late in the season to make a change to the rates. B-2. Tim Wisniewski -- Skateboard Park. Reported he is the Chair of the Parks & Recreation Commission. He explained his concern the skateboard park had been moved from the multipurpose facility site back to the Recreation Center site without discussing the matter further through the Commission. He noted, the city recently had applied for a conditional use permit to allow the park to be located by the multipurpose facility, but because of concerns expressed by neighbors of the property, the permit was denied. They were informed at the Planning 8. Zoning Commission meeting an appeal could be submitted within 30 days. He was surprised to learn the park had been moved within four days and the decision to move the park was made by the Acting City Manager and Mayor Williams. Wisniewski stated he didn't think the Commission and park users had been treated fairly and he felt the area at the Recreation Center was too small and suggested another location may be needed. Williams explained, initially placing the park by the multipurpose facility required a conditional use permit, but acquiring one was not done and the park was placed illegally on that property. The subsequent permit application was denied and the park was moved from that location promptly. Williams added, without the conditional use permit, no other outside activities would be allowed on that property, i.e. snack bar, etc. Because of the pressure on administration, the Planning 8. Zoning Commission and council from the neighbors, he directed the Acting City Manager to have the park moved back to its original location. A larger, more adequate location was being still being sought. KENAI CITY COUNCIL MEETING DULY 17, 2002 PAGE 3 Bannock noted, comments of neighboring property owners to the Commission noted it was not their desire to eliminate having a skateboard park, but just not have it at the multipurpose facility location. Bannock added, reference was made by the Commission chair of a 15-day appeal period, not 30 days. Bannock also noted he thought the Parks & Recreation Commission did a very good job in developing the park and it now had no fence and was open 24 hours a day. He added, he applauded administration for taking action in moving the park. Porter stated it was not the fact the park was moved, but there was no notification given to anyone and felt the Parks 8. Recreation Commission should have been notified as well as the users. She added, she was also concerned there was no notification the matter would be reconsidered at the last Planning 8s Zoning Commission meeting. Porter stated she felt it was a lack of consideration in not informing the users and commission members. Williams stated the park would remain in use while administration looks for another location. Wisniewski stated the Commission's interest in finding a workable solution. Shawn Brewer -- Suggested the skateboard equipment be made of wood to cut down on the noise. Tony Dunbar -- Suggested covering the holes in the back of the equipment to cut down on the echoing noises. City Manager Snow reported she had discussed with council at their last meeting a suggestion to place the equipment on the high school property where the old tennis courts had been. Council stated no objections. She spoke with the Borough Risk Manager who stated he would take the suggestion/request to school district personnel, but they did have some reservations. She added, alternate sites were being suggested and administration would work with the Parks 8. Recreation Commission in finding a new location. Kelly Gifford -- Suggested the green strip by the softball fields or other side of the softball fields as alternate sites. She also noted the users mostly complain the space at the present location is too small. Administration was requested to continue looking for alternate sites and work through the Parks 8v Recreation Commission, making sure that when it is moved, there is enough room, all legal concerns are in hand, etc. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING JULY 172 2002 PAGE 4 C-1. Resolution No. 2002-52 -- Directing the Continuation of the Project Entitled "Basin View Subdivision Special Assessment District (Dolchok Lane, Kim-N-Ang Court, And Cub Court)" and Designating What Improvements are to be Included in this Project. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-52 and Councilwoman Porter SECONDED the motion. Glennis Getty, 590 Dolchok, Kenai. Getty stated the paving of the roads would enhance, improve, and increase the property values as well as reduce the dust, wear and tear on vehicles and school buses, and would discontinue the need for grading and oiling the road. She also noted, the longer the work is delayed, the more the cost would increase. Getty also stated she had distributed the petition and those property owners she talked with were encouraged the road would be paved and were pleased to learn the Pillars Subdivision would also be paved. She added, she would greatly appreciate the council's approval of the resolution. Jennifer Richardson, 695 Dolchok, Kenai. Richardson noted she strongly supported the paving of the roads as she had been dealing with chronic muscle pain for a number of years. The paving would ease some of her discomfort when driving on the road. She added, she would appreciate council's consideration of the resolution and supported the cost sharing. Rick Baldwin, 3080 Kim-N-Ang, Kenai. Thanked Petty and Kippy Mena for distributing the petition and added, there was a lot of interest and excitement from the neighborhood in regard to the proposed paving project. He added, he felt the council was doing an excellent job in trying to pave major streets in Kenai and strongly urged the approval of the resolution and the cost program. David Ross, 395 Dolchok, Kenai. Ross stated he agreed with the others who spoke and noted it would be an excellent time to pave it on a financial basis as the market is currently very competitive. A brief discussion followed regarding available funding and Public Works Manager Kornelis noted there would sufficient funds, even with the Pillars project. VOTE: Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Absent Swarner Yes Moore Absent KENAI CITY COUNCIL MEETING JULY 172 2002 PAGE 5 MOTION PASSED UNANIMOUSLY. C-2, Resolution No. 2002-53 - Transferring $15,200 From the Water and Sewer Fund STP Contingency Account to Repair and Maintenance for Purchase of an Aeration Blower for the Basins. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2002-53 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/ COMMITTEE REPORTS D-1. Council on Aging -- Swarner reported the next meeting was scheduled for August 1. It was noted there is ' a seat available on the Council and an application was included in the packet, however other applications were expected and no appointment would be made at this meeting. D-2. Airport Commission -- Airport Manager Cronkhite reported the city had not yet received possession of the new AARF building and some issues were being worked out, however she expected a grand opening would be held around the beginning of August. D-3, Harbor Commission -- Kornelis reported the meeting minutes were included in the packet and the Commission reviewed current restrictions on the dock which would be discussed with council at Item H-6. D-4, Library Commission -- Library Director Jankowska reported the next meeting would be held on August 6. D-5. Parks & Recreation Commission -- Porter reported no meeting was held in July. D-6. Planning & Zoning Commission -- Bannock reviewed items discussed and actions taken at the July 10 Commission meeting, i.e. variance for a remodeling project at 406 South Forest Drive failed; amending the Recreation Zone; and reconsideration of a conditional use permit application for outside recreation activities KENAI CITY COUNCIL MEETING JULY 17, 2002 PAGE 6 at the multipurpose facility. He noted, the Commission approved the permit, with the condition that skateboard parks are not allowed. Williams asked if a conditional use permit would be required if the skateboard park would be moved to the old tennis court area at the high school and Bannock stated he believed the high school already had a permit. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the minutes of the July meeting were included in the packet and the Dick McCartan's were recently awarded the Garden -of -the -Week Award. D-7b. Kenai Convention & Visitors Bureau Board -- Bannock noted a memorandum was included in the packet and stated some concern a meeting on a borough -wide transitory tax was held and the city had not been involved in the meeting. He added, he believed the city should have been invited to the meeting because of the number of hotel/motel/bed and breakfast, etc. beds in the city and the effect such a tax would have. Williams agreed he believed the city should have been invited to attend and that to initiate such a tax would take a vote of the people. D-7c. Alaska Municipal League Report -- Swarner stated she would be attending the AML Legislative Committee meeting in Bethel. City Manager Snow noted a teleconference would be held regarding Davis -Bacon wages which she would be attending and would report to Swarner in that regard prior to her leaving for Bethel. D-7d. Kenai Chamber of Commerce -- No report. ITEM E: MINUTES E-1, Regular Meeting of July 3, 2002 -- Approved by consent agenda. ITEM F: ITEM G: ITEM H: CORRESPONDENCE -- None. OLD BUSINESS -- None. NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 17, 2002 PAGE 7 H-2, Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED, H-3, Ordinance No. 1962-2002 -- Changing the Recreation Zone by Amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Development Requirements Table) and 14.22.010 (Land Use Table): 1) to Allow Lodges and Bunkhouses as Principal Permitted Uses; 2) to Not Allow Four or More Family Dwellings as Either Principal Permitted or Conditional Use; 3) Allowing Retail Businesses as a Secondary Use in Certain Cases; and 4) Changing Minimum Lot Requirements. Introduced by consent agenda. H-49 Discussion -- Concept for Addition to Multipurpose Facility and Arctic Winter Games. Williams reported, with attention to the possibility the Peninsula could be hosting the Arctic Winter Games and preliminary planning should begin, he had talked with a local architect (Klauder) regarding upgrades that could be made to the multipurpose facility (proposed floor plans were included in the packet). He noted, the cost to finish the building as it was originally designed would be approximately $6 million and he asked Klauder to keep this proposed design to $2.5 million. Funding sources would have to be found to cover the costs of the addition. Because the building would be used by the local schools, Williams suggested the Borough could help in paying for the costs. Williams noted, the award of the Games would be made in May. Porter noted, attention should be given to the fact there will be additional costs to the city to maintain and staff the enlarged building. H-5. Discussion -- Changes to U.S. Bureau of Land Management Restrictions/City Boat Landing Facility. Kornelis reported the Harbor Commission had recently reviewed the patent and amendment for the dock property and requested council also review it to see if they would support the Commission's suggestion to try to have some of the restrictions on the dock property relaxed. He explained, currently the restrictions allow only for a small boat landing facility. It was also noted administration had made efforts to have the restrictions relaxed in the past, however they were turned down. If the restrictions are relaxed, it was felt more of the land could be utilized and include concession � stands etc. KENAI CITY COUNCIL MEETING DULY 17, 2002 PAGE 8 Bannock stated he thought it appeared the city bought other conditions in 1962 and what was allowed was the ability to use the land as a small boat landing facility. City Attorney Graves agreed and added, council could attempt to have the conditions amended. Council gave administration authority to make contact with the Bureau of Land Management to discuss the possibility of amending the agreement for the harbor property. Williams asked if there had been any information regarding the BOR/Millennium Square property and Birch Island trade and Snow stated she would report on it at the next council meeting. H-6. Discussion -- Local Improvement District -Schooner Circle/Report to Council. Council reviewed the information included in the packet and had no objections to proceeding with the formation of the local improvement district. It was noted the estimated cost of the project would be $20,000. Council requested administration proceed and bring a resolution forward to set a public hearing date on the matter. ITEM I: REPORT OF THE MAYOR -- Williams reported on the following: • Referred to the letter from General Oates, Alaska National Guard/Adjutant General which was included in the packet regarding the cancellation of use of the National Guard Armory by the Peninsula Oilers' for a community event. Williams noted he forwarded a copy of the letter to the Oilers for their review. Williams suggested no further discussion take place in regard to the possibility of the city taking over the Armory a new as a community center and the Guard buildingfacility closer to the airport until after a new general is appointed. • Referring to the letter from the Boys & Girls Club requesting a donation for the ALPAR litter patrol program, it was noted council had budgeted $1,000 for this purpose in their 2002 / 2003 budget. There were no objections to forwarding the check for this purpose. ITEM J: ADMINISTRATION REPORTS J-10 City Manager -- Snow noted the staff reports were included in the packet. There were no questions or comments. J-2. Attorney -- Graves referred to his memorandum included in the packet regarding possible amendments to KMC 5.20.010 defining a mobile food vending unit. Council were in favor of the amendments and requested an ordinance to formally make the changes be brought forward. J-3. City Clerk -- No report. KENAI CITY COUNCIL MEETING DULY 17, 2002 PAGE 9 ITEM K: DISCUSSION K-1. Citizens Emily DeForest -- Noted she is the Vice Chair of the Library Trustees and referred to the library's year-end report included in the packet. DeForest reported, patronage of the library for 2001-2002 was approximately 88,000. It was also reported the Trustees' annual raffle would be held the last weekend in October. K-2, Council Swarner -- Reported she would be attending the AML Legislative meeting in Bethel. She also thanked Airport Manager Cronkhite for the improved air service to small communities information which was included in the packet. Porter -- • Asked administration if new businesses in town are required to pave their parking lots and it was noted it had not ever been done before. • Questioned landscaping/site plan requirements. Public Works Manager La Shot reviewed requirements and noted site plans are administratively reviewed and the code is not specific as to landscaping. Snow stated she would follow up on the concern. • Asked if medians could be swept and Kornelis stated he could ask the Department of Transportation. � Asked if there were plans for the city to remove or have removed beetle - killed trees on city properties (municipal park, multipurpose facility, etc.) Fire Chief Walden stated an agreement was in the process of being approved between the city and Borough. 0 Reported she had contacted members of the Rotary Club to do some clearing, undercutting, etc. at Municipal Park and they stated an interest in doing it. They will be getting back to her. • Reported she would be going out of town but would be at the next council meeting. Bannock -- No comments. Jackman -- No comments. Williams -- Asked if persons required to do community service could be used for staining picnic tables, and similar projects for the city. Graves stated the city's Workers Compensation covers volunteers and felt community service persons would come under that provision. He added, it would be up to the manager and department heads to make the arrangements for their use. Snow stated it was her understanding KENAI CITY COUNCIL MEETING DULY 17, 2002 PAGE 10 they could not be drafted to do the work, but would have to be their choice. It was suggested a list of jobs be prepared and forwarded to area attorneys, court system, probation officers, etc., EXECUTIVE SESSION - None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 10:00 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY CCW'XL f// 01 ATE C L E