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HomeMy WebLinkAbout2001-03-21 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us OUNCIL STAFF MEETING: 6:00 P.M., Council Chambers 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) 1. Tim Navarre -- Proposed Privately -Owned Prison at Wildwood ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC 14.20.220 and Replacing It With a New Sign Code, KMC 14.20.220. a. Motion to Adopt b. Motion to Substitute Substitute Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC 14.20.220 and Replacing It With a New Sign Code, KMC 14.20.220. C. Consideration of Ordinance. 2. Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Townsite Historic (TSH) Zoning District) to Reflect a Change in the Numbering of the New Sign Code KMC 14.20.220 Which is referenced in KMC 14.20.105(i). 3. Ordinance No. 1900-2001 -- Finding That Certain City -Owned Land Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391 Acres, as Shown on the Attached Exhibit A, is Not Required for a Public Purpose. 4. Ordinance No. 1901-2001 -- Increasing Estimated Revenues and Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund. a. Motion to Adopt b. Motion to Substitute Substitute Ordinance No. 1901-2001 -- Increasing Estimated Revenues and Appropriations by $4,130,973.70 in the ARFF/SRE Capital Project Fund. C. Consideration of Ordinance. 5. Resolution No. 2001-18 -- Requesting FY 02 Safe Communities Funding From the Department of Community and Economic Development. 6. Resolution No. 2001-19 -- Approving a Contract to G&S Construction, Inc. for the Project Entitled Kenai Airport ARFF/ SRE Facility -2001 for the Total Amount of $3,716,383. 7. Resolution No. 2001-20 -- Awarding a Contract for Construction Administration Services on the Project Entitled, Kenai Airport ARFF/ SRE Facility to RIM Architects for the Not -To -Exceed Amount of $276,698. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8v Visitors Bureau Board C. Alaska Municipal League Report ITEM E: MINUTES 1. *Verbatim of March 6, 2001 Board of -Adjustment Hearing. 2. *Regular Meeting of March 7, 2001. 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. 1902-2001 -- Increasing Estimated Revenues and Appropriations by $100,000 in the General Fund and Multipurpose Facility Capital Prod ect Fund for Engineering Design of Upgrading the Facility for Refrigerated Ice and Miscellaneous Improvements. 4. *Ordinance No. 1903-2001 -- Transferring $25,000 in the Airport Land System Special Revenue Fund and Increasing Estimated Revenues and Appropriations by $25,000 in the Comprehensive Plan Fund. 5. *Ordinance No. 1904-2001 -- Finding That Certain City -Owned Lands Located in Inlet Woods Subdivision, As Shown on the Attached Exhibit A Map, Are Not Required for a Public Purpose. 6. *Ordinance No. 1905-2001 -- Finding That Certain City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for Public Purpose. 7. Approval -- Special Use Permit/Department of Natural Resources, Division of Forestry/Kenai Municipal Airport. a. Staging Site b. Aircraft Loading and Parking 8. Approval -- Lease Application / State of Alaska, Division of Forestry -- Unsurveyed Lot Approximately 392' x 400' Adjacent to the Future Crash / Fire / Rescue Facility at the Kenai Municipal Airport. 9. Approval -- Sale of 53 Undeveloped Lots in Inlet Woods Subdivision. 10. Discussion -- Alaska Small Business Conference 11. Discussion -- Multipurpose Facility Refrigeration Project Scope ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 21, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z f www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING COUNCIL STAFF MEETING: 6:00 P.M., Council Chambers 9r#nr%%Mr A_ AM w V V AMAF% nrrrr Mayor Williams called the meeting to order at approximately 7:08 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 was taken by the City Clerk. Present were: Frazer, Williams, Bookey, Swarner, Moore, and Bannock. Absent was: Porter A-3., AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Pete Sprague -- Juvenile Detention Facility POSTPONE TO APRIL 4, 2001: C-4 and C-4b, Ordinance No. 1901-2001 C-6, Resolution No. 2001-19 C-7, Resolution No. 2001-20 -- Due to additional time needed for pre -award contract requirements. MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. MOTION: CONSENT AGENDA KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 2 Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Pete Sprague -- As a member of the Kenai Peninsula Borough Assembly and Chair of the Juvenile Detention Facility Committee, Sprague reported Senator Ward had recently introduced SB 150 to appropriate $250,000 for engineering and design of the facility and $4,400,000 to construct it. The bill had been referred to the Finance Committee. He noted that whatever support the city would offer in regard to the bill would be greatly appreciated and thanked Lt. Jeff Kohler (Kenai Police Department) for his participation on the Committee. When asked if the bill included funds for operation of the facility, Sprague noted the issue had not yet been addressed. Councilman Moore noted council met with Lt. Governor Ulmer the week prior to this meeting and she had also voiced concerns that funding the operation of the facility was still needed. Moore suggested those concerns be forwarded to Senator Ward and request he amend his bill to include funding for operation of the facility. Williams suggested he and City Manager Ross write a letter and make the request. B-2. Tim Navarre -- Proposed Privately -Owned Prison at Wildwood Navarre reviewed efforts being taken to investigate the possibility of a privately -run prison being built on the Kenai Peninsula. He noted, the issue was brought forward by the Kenai Natives Association, Inc. and efforts were being made to have the Legislature change their designation for the prison site from Delta Junction to the Kenai Peninsula. Navarre added, a Request for Qualifications was held to choose a team. Four bids were received and more than one included local contractors. The Assembly picked one and are now looking at a site at Wildwood. The Assembly has set three public hearings for their ordinance, as well as a public hearing before their Planning Commission. He invited council members and administration to attend the special public hearing to be held at the Kenai Senior Center on March 27. Navarre urged the city's help in investigating the impact the prison would have on the city's water and sewer system. He noted, there had also been discussion of building a connecting road along the back of the airport to the Wildwood site in order to lessen the impact to the community when transporting prisoners. Navarre stated he would entertain the possibility of having a member of the city council to attend their meetings and brought a binder with copies of accumulated correspondence, etc. in regard to the prison project to be kept in the City Clerk's office and available for review. Updates of materials will also be forwarded as they become KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 3 available. He also noted, he appreciated the city's wanting the Commissioner of Corrections to meet with council and administration and suggested a joint meeting could be held to facilitate other experts or request certain studies. Navarre stated a lot more facts will be investigated. Bill Popp -- Explained there had been a perception that the Borough Assembly had been trying to fast track the project. He disagreed with that perception and explained the project had a long way to go and they were trying to get the authority from the Legislature to place the prison at the Wildwood site. He added, what looked like a fast track actually wasn't, but a different way of achieving the same end, which was the construction of the prison if it was the will of the Kenai Peninsula Borough and the citizens of the borough. Popp noted, nothing would happen until the Legislature changes the location (SB 149) . Navarre -- Explained concern had been voiced of whether halfway houses would be involved with placing the prison at Wildwood. He noted, there was nothing tied to the prison that says halfway houses would be required. A question and answer period followed with the following information noted: • Factual information in regard to the cost of beds in a state -run versus privately -run facility had not been received by the Borough to date, but when it is received, they will forward it to the city. • One of the requirements of the state is to provide in -state beds by a certain date, however some waivers were granted and new requirement standards of policy is expected. • The state has to show a good -faith effort in meeting the deadline requirement, however 2003 is not a hard and fixed deadline. Councilman Bannock stated he believed the development of another prison is the best defense in not having halfway houses because it would decrease the overcrowding of prison population and the need to move prisoners out into the public through halfway house programs. Navarre noted, there had not been any packed houses in regard to public hearings held, he appreciated the city's not overreacting to the issue, and looked forward to working with the city in finding the right solution. Ross asked what the time line was for when social impacts, water/sewer requirements, etc. will be discussed as the city would have to make a decision of whether to support the project or not. Navarre suggested city and borough administration discuss the matter together. Ross asked if the issue was at the stage that Police and Public Works should be working with borough administration to bring back information to the council for decision -making purposes. Navarre stated there was still lots of time and that the borough was not waiting until legislation was signed (to change the site) before starting to investigate the issue. He added, it would now be a good time to start staff discussions regarding water/sewer, land uses, etc. } KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 4 Williams explained the council was taking a slow approach, the suggested site is out of the city limits, and it may or may not impact the city water/ sewer system. He added, thus far, there had not been an overwhelming outcry and he hoped there would be some major hearings to take public input. Williams also noted, council was waiting for information in regard to the state's specifications, whether it would be a minimum/ medium facility, impacts to the city's utilities, etc. before taking a position. Williams stated he applauded the slow, methodical approach the borough was taking. On another matter, Williams requested permission from council to offer the use of the Senior Center at no charge for a gathering to remember Hugh Malone who had recently passed away. Council had no objections. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC 14.20.220 and Replacing It With a New Sign Code, KMC 14.20.220. C-1 a. Motion to Adopt MOTION: Councilman Bannock MOVED to adopt Ordinance No. 1893-2001 and Councilman Frazer SECONDED the motion. C- lb. Motion to Substitute -- Substitute Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC 14.20.220 and Replacing It With a New Sign Code, KMC 14.20.2200 MOTION TO SUBSTITUTE: Councilman Bannock MOVED to substitute the ordinance with Ordinance No. 1893- 2001 marked as C-1 b and Councilman Frazer SECONDED the motion. C-lc. Consideration of Ordinance. There were no public comments. The following issues were discussed: • Off -premises signs, i.e. garage sales, parades, non-profit businesses advertising (Thrift Store, Boy Scout Breakfast, school carnivals, etc). It was explained, Item (b)(1)(F) and (M) had not changed from the current code, but had not been enforced. Concern was noted that the requirement existed, but was not enforced. Having the garage sale sign include the name and address of the person hosting the sale on the sign was a good idea. It was noted that off -premises signs are illegal unless there is a variance acquired, which is the same as the current code (and included garage sale signs, etc.). There was also desire to allow off -premises signs that would be advertising events for one or two days (school carnivals, etc.) -KENAI CITY COUNCIL MEETING 1 MARCH 21, 2001 -PAGE 5 • Item (c)(3)(H) -- It was noted a review of the language was needed and minor corrections made to read more clearly. • Request was made to disallow signs (political, non-profit, etc.) placed at city parks. Concern was stated that if posting a sign in a park was illegal, how would temporary signs be addressed for picnics, political rallies, Union Labor Day picnics, etc. • Attorney Graves noted, prohibited signs are prohibited by use and by the type of sign and he preferred adding a proviso that garage sale signs are permitted within the time limit set forth in the code. A break was taken to allow time for the development of language to add to the ordinances to allow garage sale signs, school carnivals signs, etc. BREAK TAKEN: 8:15 P.M. BACK TO ORDER: 8:35 P.M. • Off -premises, non-commercial signs. Attorney Graves explained off - premises signs to advertise school carnivals, etc. would be considered non-commercial event sign and are allowable. • Reader -board signs. It was explained that as long as they were a commercial and advertising a non-commercial venture, they would be legal. • Electronic, computer -driven reader -board signs on educational institutions. They are prohibited in residential zones without a variance and are limited to 32 square feet and allowed in commercial and industrial zones. Signs are addressed by zone. • In most cases, there are generally enough provisions for a person to request a variance or conditional use permit, if the sign desired does not match the specifications of the code. Additionally, those objecting to the placement of a sign in an area would have the ability to speak to their objections in a public forum. MOTION TO AMEND: Councilwoman Swarner MOVED to amend Item (b)(2)(F) to read, "Temporary signs of not more than five (5) square feet advertising such items as "yard sale," garage sale," "house for sale," or "open house," may be displayed for one week...." Councilman Frazer SECONDED the motion. There were no obj ections. SO ORDERED. MOTION TO AMEND: Councilwoman Swarner MOVED to amend Item (b)(3)(M) to read, "No off premises commercial advertising signs, except as allowed in Section (b)(1)(F), including billboards except at an outdoor sporting event, sports facility, or sports held." Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 6 MOTION TO AMEND: Councilwoman Swarner MOVED to amend Item (c)(1)(G) as follows: "Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale," °'property for sale," "open house," or "lemonade" may be displayed for one week..." Councilman Frazer SECONDED the motion. There were no obj ections. SO ORDERED. It was requested to. use "property for sale" instead of "house for sale" in Item (b) (1) (F) as well. There were no objections. MOTION TO AMEND: Councilwoman Swarner MOVED to amend Item (c)(3)(N) as follows: "No off premises commercial advertising signs, except as allowed under Section (c)(1)(G), including billboards except an outdoor sporting event, sports facility or sports field. Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED, VOTE ON MAIN AMENDED MOTION: VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Absent Bannock: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Townsite Historic (TSH) Zoning District) to Reflect a Change in the Numbering of the New Sign Code KMC 14.20.220 Which is referenced in KMC 14.20.105(i). MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1894-2001 and Councilman Frazer SECONDED the motion. There were no public or council comments. VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Absent Bannock: Yes KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 7 MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1900-2001 -- Finding That Certain City -Owned Land Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391 Acres, as Shown on the Attached Exhibit A, is Not Required for a Public Purpose. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1900-2001 and Councilman Frazer SECONDED the motion. There were no public comments. It was questioned what kind of development was planned for the property. Ross explained, the person requesting the property be made available for sale was not specific and that if council approved the resolution, the next step would be to bring sale documents to them for approval. Ross also noted, the property was presently zoned recreation and would require a minimum lot size of 20,000 square feet, which would allow up to three-family homes per lot or up to 27 residences on the four+ acreage, without going to Planning 8. Zoning Commission for pre -approval, other than their approval of the plat. Concern was expressed there was no information as to what was planned to be developed on the property. Ross explained, passage of the ordinance would not authorize the sale, only make the properties available for sale. Council would have another opportunity to discuss the use of the property or place restrictions on it. If the property is put up for sale, it would be by competitive bid. Graves noted council could sell the property as fee -simple with a reversionary clause and stipulate it must be developed within a certain amount of time or as the property owner, council could include covenants on the plat restricting development. Because the terms of a sale had not yet been set, administration could draw up covenants, have the zoning changed, etc., prior to the sale. Discussion followed in which Frazer emphasized the property was very desirable for residential development and he didn't understand the hesitancy to make it available for sale. Bookey stated his concerns were not making it available for sale, but whether the city would be getting the highest and best use of the property as well as wanting the property to be developed within a set amount of time so the property could not be held for a long period without development. At this time, that information was not available. The bid would require fair market value for a recreational zone, but it was not known what that value would be if it were a residential zone. Ross noted this portion of the golf course properties was not included in the BOR restrictions. When the sales documents are prepared, the zoning, how it should be developed, restrictions, covenants, etc. could then be discussed, as well as have the applicant (who may not be the winning bid) explain his plans for the property. KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 8 Whether a full-size water main or service lines would be needed for taking water service to the property would need to be reviewed. VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Absent Bannock: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1901-2001 -- Increasing Estimated Revenues and Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund. Postponed until April 4, 2001. a. Motion to Adopt b. Motion to Substitute Substitute Ordinance No. 1901-2001 -- Increasing Estimated Revenues and Appropriations by $4,130,973.70 in the ARFF/ SRE Capital Project Fund. Postponed until April 4, 2001. C-5. Resolution No. 2001-18 -- Requesting FY 02 Safe Communities Funding From the Department of Community and Economic Development. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-18 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, C-6, Resolution No. 2001-19 -- Approving a Contract to G&S Construction, Inc. for the Project Entitled Kenai Airport ARFF/ SRE Facility -2001 for the Total Amount of $3,716,383. Postponed to April 4, 2001. KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 9 C-7. Resolution No. 2001-20 -- Awarding a Contract for Construction Administration Services on the Project Entitled, Kenai Airport ARFF/ SRE Facility to RIM Architects for the Not -To -Exceed Amount of $276,698. Postponed to April 4, 2001. ITEM D. COMMISSION/ COMMITTEE REPORTS D-1. Council on Aging -- Director Kelso noted the minutes of the March 12 meeting were included in the packet. She reported that during the meeting, the suggested meal donation was raised to $4.00 a meal and that the idea of an assisted living facility being built in the community was still strong in the minds of the seniors. D-2. Airport Commission -- Councilman Frazer reported he attended the meeting for Councilwoman Swarner and the minutes of the meeting were included in the packet. He noted a lease and two Special Use Permit applications, submitted by the Department of Forestry, were recommended for approval. Swarner noted she spoke to the Airport Manager in regard to a recent seminar she attended regarding strategic and visual planning. D-3. Harbor Commission -- Councilman Bookey reported the minutes of the March 12 meeting were included in the packet and the main topics of discussion were goals and objectives, as well as the Kenai Coastal Trail and dip net bill submitted by Representative Lancaster. D-4. Library Commission -- Councilman Moore reported the minutes of the March 6 meeting were included in the packet and the next meeting will be held on April 3, 2001. D-5. Parks & Recreation Commission -- Councilman Frazer reported the minutes of the March 1 meeting were included in the packet and the next meeting will be held on April 5. D-6. Planning & Zoning Commission -- Frazer reported he attended the meeting for Councilman Bannock at which a variance request had been approved. The Commission also discussed at length whether certain lots in the back of the Inlet Woods Subdivision needed to be kept for public purpose. City Manager Ross explained the Commission chose to retain Lots 18-27 for public purpose, as did the Parks & Recreation Commission. He noted there were concerns the lots would be needed for drainage purposes for the pond that exists on the front of several of those lots. Ross reported he, Frates and La Shot looked at the property and recommended Lots 21-25, Block 12 be retained for public purpose (street drainage) and Lots 18-20 and 26-27, Block 12 be made available for sale. He noted, retaining KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 10 the five lots would allow drainage and an area for a park with a pond. Moore stated he agreed with administration's recommendation. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Councilman Frazer reported he attended the meeting for Councilwoman Swarner and noted the minutes of the meeting were included in the packet. He reported the Committee discussed a 2001 planting schedule, the City/ Chamber clean-up to be held in May, and the Yard -of -the -Week program. D-7b. Kenai Convention & Visitors Bureau Board -- Councilman Bookey reported the next Board meeting will be held on March 27. He also noted Executive Director Tarr apologized that due to staff shortage, she had not yet submitted their annual report and that a lot of effort was being put into the "2001: A Fish Odyssey" program. D-7c. Alaska Municipal League Report -- Williams reported the AML had a delegation of nine members who attended the NLC Conference in Washington, DC. ITEM E: MINUTES E-1. Verbatim of March 6, 2001 Board of Adjustment Hearing. E-2. Regular Meeting of March 7, 2001. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no obj ections. SO ORDERED. H-2, Purchase Orders Exceeding $2,500 MOTION: � KENAI CITY COUNCIL MEETING J .MARCH 21, 2001 PAGE 11 Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1902-2001 Increasing Estimated Revenues and Appropriations by $100,000 in the General Fund and Multipurpose Facility Capital Proj ect Fund for Engineering Design of Upgrading the Facility for Refrigerated Ice and Miscellaneous Improvements. Introduced by consent agenda. H-4. Ordinance No. 1903-2001 -- Transferring $25,000 in the Airport Land System Special Revenue Fund and Increasing Estimated Revenues and Appropriations by $25,000 in the Comprehensive Plan Fund. Introduced by consent agenda. H-5. Ordinance No. 1904-2001 -- Finding That Certain City -Owned Lands Located in Inlet Woods Subdivision, As Shown on the Attached Exhibit A Map, Are Not Required for a Public Purpose. Introduced by consent agenda. H-6. Ordinance No. 1905-2001 -- Finding That Certain City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for Public Purpose. Introduced by consent agenda. H-7. Approval -- Special Use Permit/Department of Natural Resources, Division of Forestry/ Kenai Municipal Airport. Ross reported both Special Use Permits had been reviewed and recommended for approval by the Airport Commission. Frazer noted, the permits and leased land (Item H-8) will be used for storage/staging, etc. of lire suppression materials normally kept in Palmer. The Division of Forestry wants to have a presence in the area due to increased fire danger from the large beetle -kill spruce trees. H-7a. Staging Site MOTION: Councilman Bookey MOVED to approve the Division of Forestry's application for a Special Use Permit for a staging site at the Kenai Airport. Councilman Moore J SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 12 H-7b. Aircraft Loading and Parking MOTION: Councilman Bookey MOVED to approve the Division of Forestry's application for a Special Use Permit for aircraft loading and parking at the Kenai Airport. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, H-8. Approval -- Lease Application/ State of Alaska, Division of Forestry --Un- Surveyed Lot Approximately 392' x 400' Adjacent to the Future Crash/Fire/Rescue Facility at the Kenai Municipal Airport. MOTION: Councilman Bookey MOVED to approve the Division of Forestry's application to lease the un-surveyed lot approximately 392' x 400' adjacent to the future Crash/ Fire/ Rescue Facility at the Kenai Municipal Airport. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, H-9. Approval -- Sale of 53 Undeveloped Lots in Inlet Woods Subdivision. Ross explained, the city received an application requesting the sale of 53 undeveloped lots in Inlet Woods Subdivision be initiated and noted portions of the appraisal report, subdivision covenants, and proposed sale documents were included in the packet. Swarner questioned whether the documents were stating zero lot line development would be allowed (page 8) and it was explained to her the covenants wouldn't modify zoning requirements and that all zero lot line development required conditional use permits in accordance with the Land Use Table. Concern was expressed the property would be purchased, tied up and not developed. Ross explained, administration attempted to protect the city in that it required a cash sale. He added, it would be difficult to include a requirement in a development table of how long a developer can hold onto property before it must be developed. A cash sale will force development of the property. MOTION: Councilman Frazer MOVED to approve the sale of the 53 undeveloped lots in Inlet Woods as laid out in the sale documents by administration. Councilman Bannock SECONDED the motion. Bookey stated he would support the motion, but would be very disappointed if it would become a speculation situation. He added, he didn't believe development would be tied up and not developed in this instance, but believed the city should seriously investigate a required period of time for development. Moore stated he would also KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 13 support the sale because he believed development would take place and that comments at the recent economic forum encouraged development of those lots. VOTE: Frazer: Yes Williams: Yes Booke Yes Swarner: Yes Moore: Yes Porter: Absent Bannock: Yes MOTION PASSED UNANIMOUSLY. H-10. Discussion -- Alaska Small Business Conference Williams referred to information included in the packet regarding the Alliance North 2001 two-day conference (hosted by Senator Ted Stevens), designed to help small business owners become competitive in securing federal, state, and local government contracts. Williams suggested the city co-sponsor a table with the Kenai Chamber of Commerce at the conference and there were no obj ections from council. He also requested Ross talk with the Chamber Board to see if they would be interested in co- sponsoring a table. H-11. Discussion -- Multipurpose Facility Refrigeration Project Scope Ross referred to the memorandum from Public Works Manager La Shot which was included in the packet and discussed the basic bid and additive alternates, as well as the proposed project schedule for installing an industrial refrigeration system in the multipurpose facility. Consensus of council was for administration to proceed as outlined. ITEM I: ADMINISTRATION REPORTS Mayor -- Williams noted the following items: • Kenai Alternative High School request for donation toward graduation expenses. Council had no objections to forwarding the $300 included in their budget for this purpose. • Kenai Coastal Trail -- He and Vice Mayor Swarner traveled to Washington, DC to attend the NLC Conference and also met with Senator Stevens and staff members of Senator Murkowski and Congressman Young in regard to CARA funding for the Kenai Coastal Trail. Williams noted there were two different agendas in regard to appropriations and CARA funding between Stevens and Murkowski, although he felt Stevens was sympathetic to the city's needs. Williams continued, the amount of CARA funding thought to be available through the state had already been earmarked for other projects and of that amount, approximately $800,000 was left. It is now understood, full funding for the project KENAI CITY COUNCIL MEETING MARCH 21 2001 PAGE 14 would now need to come from the Corps of Engineers (refer to it as an emergency situation) and Department of Transportation (it will need to be designated as a trail or road project). Members of city administration, Paul Fuhs, Murkowski and Young staff (bringing the power of their offices) are to meet with Corps representatives to discuss the possibilities of getting help for the city's immediate needs. • Boat Ramp/Kenai River -- A packet of information describing the city's long desire to construct a boat ramp on the lower part of the Kenai River had been forwarded to several state legislators in regard to funding for the engineering. Williams noted he was disappointed to know only $800,000 was left of the state's CARA money and there was no guarantee further CARA funding would come available out of the next legislative session. He added, he believed the city needs to convince the Corps the project has to be done (pointing out the immediate danger of infrastructure, buildings, etc. that will be destroyed if restoration does not take place) . Ross explained, CARA is no longer a set -aside to the states, but an annual funding program from the federal government. The project can be a named project in the future. Project funding could be received through several sources, i.e. the city will ask the Corps for funding as an erosion / stabilization project; CARA for the protection of public property and also protection and conservation of the wetlands around No -Name Creek; EDA for economic development of businesses in regard to the project; and TRAC funding from the Department of Transportation for the trail. Williams stated it was his understanding that if there was no assistance received from the Corps the city should return to Murkowski for assistance and that the city was still on track with the original plan for requesting funding. A meeting with Corps of Engineers in Anchorage would be held on Tuesday, March 27. Williams stated he would attend, as well as Paul Fuhs and Public Works Manager La Shot (for Kornelis). I-2. City Manager -- Ross reviewed the following: • He will attend the meeting with environmental agencies on the unity trail which will be held on March 27 at Kenai City Hall. • He discussed south shore issues with Robert Ruffner (Kenai Watershed Forum). There is a possibility funding may be available for signage for placement in that area. • The costs for advertising the Senior Center Director position opening came to approximately $1,300. He approved a transfer of $999, allowed by code, and would approve another in the amount of $400 to cover the costs. Ross stated he would begin the process to amend the code to allow administrative transfers up to $2,500 unless there were objections from council. There were no objections stated. • Scott Walden was appointed Kenai Fire Chief. • He will be out of town March 15 and 16. l KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 15 Williams thanked Finance Director Semmens for his help in building the presentation he made at the coastal communities conference he attended in British Columbia. He noted, the conference was much like the Alaska Municipal League and he learned more than what he presented. I-3. Attorney -- Attorney Graves reported the following: • A proposed definition for a "lodge, hotel and guide service" will be forwarded to the Planning & Zoning Commission in their next packet. • A memorandum was included in council's packet and would also be forwarded to the Planning 8. Zoning Commission in regard to SB78, a bill designed to limit municipalities' ability to regulate amateur radio antennas. • He will be attending a class on computer -aided research on March 28. City Clerk -- Clerk Freas noted the following: • Invitations to the Volunteer Reception were on the table for council. • A notice regarding the AML Legislative Committee Meeting to be held in Juneau March 28-29 was on the table for council. • Census 2000 population information was also on the table for council. It was also noted, the city's population was numbered at 6,942, less than what the State Revenue Sharing Determination numbers. I-5. Finance Director -- No report. I-6. Public Works Managers La Shot: Reminded council of the Kenai River Bridge Access Road Pathway meeting to be held on March 27 at Kenai City Hall. I-7. Airport Manager Acting Airport Manager Davis reported the flooring contractor reviewed the job and will be ordering materials. The work should begin April 6. ITEM J: DISCUSSION J-1. Citizens -- None 1-2. Council Bookey -- No comments. Swarner -- Requested administration to investigate the trailer on Redoubt Avenue with trailer skirting in regard to junk vehicles in the yard. Swarner also thanked council to allow her to travel to Washington, DC for the NLC Conference. She particularly enjoyed the leadership seminar she attended and urged council to give some thought to what they would like the city to look like and how to make it happen. .,l KENAI CITY COUNCIL MEETING MARCH 21, 2001 PAGE 16 Moore -- No comments. Bannock -- Thanked council for passing the new sign code ordinance and complimented the Planning & Zoning Commission and administration for their efforts. Frazer -- No comments. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:35 p.m. Minutes transcribed and prepared by: 6,4,,X�,z Z-t� Carol L. Freas, City Clerk APFROVED BY COWWX P ii a J w.�