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HomeMy WebLinkAbout1998-08-05 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST 5, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us 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. Representative Mark Hodgins - Economic Development District ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1790-98 - Amending KMC 1.80.010 Increasing Mayor's Salary to $1,000 Per Month and Council Members' Salaries to $500 Per Month. 2. Ordinance No. 1792-98 - Appropriating $15,000 for Gas Line Extension to Blocks One and Two of Five Irons Heights Subdivision. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 3. Resolution No. 98-51 - Awarding a Bid for Airport H.V.A.C. Repairs and Modifications 1998 to Honeywell, Inc. for a Total Amount of $142674. 4. Resolution No. 98-52 - Transferring $3,740 in the '98 Water System Improvements Capital Project Fund for Training. -1- 5. Resolution No. 98-53 - Transferring $24,080 in the Taxiway Extension North Capital Project Find. 6. Resolution No. 98-54 - Accepting the Donation from Zubeck, Inc. to Install a Water Service Line to the New Erik Hansen Scout Park. 7. * 1998/99 Liquor License Renewals a. Katmai Hotel, Restaurant & Lounge b. The Upper Deck C. Little Ski-Mo Drive Inn ITEM D: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Kenai Visitors & Convention Bureau board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of July 15, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS 1. Approval - Kenai Visitors and Convention Bureau Contract ITEM H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1791-98 - Appropriating a $1,500 Donation from the Kenai Elks Lodge #2425 for Recreational Equipment. -2- 4. 5. 6. ITEM I• 1. 2. 3. 4. 5. 6. 7. ITEM J Approval - 1998 Land Sale - Five Irons Heights Subdivision Lots. Approval - Change Order No. 3/ 1997 Taxiway "C" Extension - C.I.C., Inc. /$24,080 Discussion - Alaska Regional Aircraft Fire Training Center Grand Opening ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Airport Manager DISCUSSION 1. Citizens (live minutes) 2. Council EXECUTIVE SESSION.- None Scheduled. ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL -REGULAR MEETING � AUGUST 5, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httn: / /www. ci.kenai. ak.us Mayor John J. Williams, Presiding ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 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: Measles, Bannock, Smalley, Williams, Bookey and Swarner. Absent was: Moore Williams recognized Representative Mark Hodgins who was present in the audience and who would speak at Item B-1. City Manager Ross introduced the City's new Airport Manager, Steve Atha. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: Information No. 7 - 7/27/98 Congressman Young letter responding to request for funding for proposed airport enlargement. MOTION: Councilman Smalley MOVED for approval of amended agenda and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6, CONSENT AGENDA Williams noted he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 2 MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Representative Mark Hodgins - Economic Development District Hodgins explained he wanted to speak to council in regard to the city's Exxon Valdez Oil Spill (EVOS) project and economic development concerns for the area. Hodgins distributed a partial list of companies of which the State of Alaska Permanent Fund owns stock. He added, he spoke with several contacts of several of the companies in regard to ownership of stock and how the F'und's ownership could be used as a tool to encourage interest in local companies developing a working relationship with the stock companies, i.e. inclusion on bidder lists, etc. Hodgins also suggested interest could be sparked for entrepreneurs to move to the community. He added, he believed components and offices of businesses could operate in the Kenai/ Nikiski area and could attract new dollars to the area without an outlay of infrastructure. Hodgins also noted he plans to contact oil companies and international businesses doing business in Russia and inform them of what our area has to offer. Hodgins added, he has already discussed his ideas with the Economic Development District who will have a staff person help him make the contacts as well as the Kenai Chamber of Commerce Economic Development Committee. Hodgins also reported he contacted EVOS in regard to the city's application for grant funding for improvements to the north and south sides of the Kenai River due to the impact of the dip net fishery to the beaches. Hodgins noted, initially the city's application was denied because the scorer felt the city had not done enough to mitigate the dip net fishery. The application was then reviewed by the Board and denied again for this year. After discussions with Keith Kornelis and City Manager Ross, the matter was placed on the Board's August 13 agenda. A deference will be requested to the September 16 meeting when members of the EVOS organization will be in Kenai to review the area. Hodgins stated he believed the city will be able to get funding from EVOS for the north side project. However, EVOS' main concern is whether wetlands will be filled. He noted pictures prepared by Kornelis show the damage already done to the wetlands and also depict the need for additional parking space. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 3 C-1. Ordinance No. 1790-98 - Amending KMC 1.80.010 Increasing Mayor's Salary to $1,000 Per Month and Council Members' Salaries to $500 Per Month. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1790-98 and Councilman Smalley SECONDED the motion. There were no public comments. Williams requested council to consider an amendment to change the effective date of July 1, 1999 (included in the body of the ordinance) to November 5, 1998 (immediately after the swearing in of the newly elected council and mayor) . He noted, he was not concerned whether actual payment would not begin until July 1, 1999, but because of annuities he discussed with council in prior meetings, he would like the effective date changed. MOTION TO AMEND: Councilman Measles MOVED to amend the effective date to November 5, 1998 and Councilman Smalley SECONDED the motion. Councilman Measles noted a typographical correction needed in the last sentence of Section A, i.e. changing the word "and" provided to "as" provided. VOTE ON AMENDMENT: Moore: Absent Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. Councilwoman Swarner stated she believes Williams works very hard at being the city's mayor and deserves a raise, however is concerned future mayors may not take as active of a role and would be compensated at a higher level than the effort put into the position. Williams stated he listed to "Sound -Off' on the radio and heard no adverse comment from the public who called in. Williams added, there is always the chance someone will be elected who is not going to be as active and it would then be the council's decision whether to change the ordinance again. Williams also noted, the last time the salaries were changed was 1984. Smalley stated he thought there would be more public input on the subject. He added, he received comments from two people who had no problem with the proposed raise. He added, when looking at the compensation for how much time the KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 4 council members put into the job, the salary probably covers their costs. However, Williams' costs are probably not covered for the amount of time he devotes to the office. Smalley added, he would support the ordinance. Williams added, he thought the raise in compensation may act as an incentive for other citizens to decide to run for city office. Attorney Graves noted he checked the original wording included in Section A and it was presented as it is now stated in the Code. However, he has the ability to make typographical changes and would make the correction. VOTE ON AMENDED MOTION: Moore: Absent Measles: Yes Bannock: No Smalley: Yes Williams: Yes Bookey: No Swarner: Yes MOTION PASSED. C-2. Ordinance No. 1792-98 - Appropriating $15,000 for Gas Line Extension to Blocks One and Two of Five Irons Heights Subdivision. C-2a. Motion for Introduction MOTION. Councilman Smalley MOVED for introduction of Ordinance No. 1792-98 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE ON INTRODUCTION: There were no objections. SO ORDERED. C-2b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Councilman Smalley MOVED for the second reading of Ordinance No. 1792-98 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 5 C-2c. Motion for Adoption MOTION: Councilman Measles MOVED for adoption of Ordinance 1792-98 and Councilman Smalley SECONDED the motion. There were no public comments. Measles asked where the gas line ends at this time. City Engineer La Shot answered it is now situated across Lawton, Linwood, Candlelight and Baker. At this time, if there is gas at the golf course it would come down and across from the other direction. Bookey asked if gas is already at the property, why does the city have to pay for the upgrade. He added, he believed Enstar should take care of the upgrade at their cost. Ross answered, typically when developing a subdivision, the subdivider puts up the money to run the line. Once the lots are sold and developed, the city will receive repayment of their costs for placing the line. Bookey stated, when an existing line is there and not capable of serving the lots there, the gas or electric companies upgrade at their costs. Ross stated, that would happen if the line was in front of the lots. There is no line in front of the lots. Williams asked if there was a necessity the city put up the $15,000 or could an arrangement be made with the gas company. Ross answered, La Shot had been involved with discussions with the gas company. However, there is no main line in front of the lots. If there was, he believed Bookey would be correct and the gas company would have to upgrade at their cost. Measles stated there is natural gas at the golf course clubhouse and at the Oilers Baseball Park (both on the same side of Lawton) . He asked if a line was placed under the road to those locations. La Shot stated, the main line would have to be extended and the closest to the properties would be at Linwood, Candlelight and Baker. Another option would be if the city would not extend the lines prior to sale, it would then be up to the individual property owners to have the lines placed. Bookey stated he would not want to do that as he thought the best way to sell the lots is with the gas lines extended. If administration is sure this is what needs to be done, he would agree. Measles asked if the gas company was aware the other tract would also be up for sale in the future and if they are going to extend the main line to that side of the road, they need to keep the future sale in mind and make sure the line is large enough to handle that property as well. It was also noted there is development across from the properties which is being served by natural gas lines as well. Ross stated administration would again verify where the natural gas lines are placed and inform the gas company of the plans for these properties. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 6 Williams asked administration to consider, when it appears the multi -use facility will be built, a design/build RFP for that building. He added, doing it this way may bring in interest of other contractors. Ross stated, the multi -use facility user group had already discussed this possibility and decided, due to the phasing of the building, a design / building RFP would not work. He added, the user group want to see the initial design process show an end product and then bid it in the phases that can be affordable. Ross continued, the consensus of the group was to do a design and then build the facility in phases. Measles stated, he agreed with their decision. He added, if it was a total package, there would be a benefit to a design/build RFP. However, with a design/build in phases, the same contractor may not be building all the phases of the building and that could bring about legal problems and could confuse the issue. VOTE: Moore: Absent Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-3, Resolution No. 98-51 - Awarding a Bid for Airport H.V.A.C. Repairs and Modifications 1998 to Honeywell, Inc. for a Total Amount of $14,674. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-51 and Councilman Bookey SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4, Resolution No. 98-52 - Transferring $3,740 in the '98 Water System Improvements Capital Project Fund for Training. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 98-52 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 7 There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-5. Resolution No. 98-53 - Transferring $24,080 in the Taxiway Extension North Capital Project Fund. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-53 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6, Resolution No. 98-54 - Accepting the Donation from Zubeck, Inc. to Install a Water Service Line to the New Erik Hansen Scout Park. MOTION: Councilman Bannock MOVED for approval of Resolution No. 98-54 and Councilman Bookey SECONDED the motion. There were no public comments. Bannock asked to what the contribution would be comparable. Kornelis explained, the bid was for about $4,000 including materials. With the city purchasing the materials, costs would be approximately $3,000. Bannock stated he would vote against the resolution because, in his mind, he has set a $1,000 limit to donations. He added, with nothing against Mr. Zubeck, he would respectfully vote no. Williams stated he would vote for passage of the resolution due to years of service to and interest in the community from Zubeck. He added, he felt the passage of the resolution is a way to thank Zubeck for the offer. VOTE: Moore: Absent Measles: Yes Bannock: No Smalley: Yes Williams: Yes Bookey: Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 8 Swarner: Yes MOTION PASSED. C-7. 1998/99 Liquor License Renewals a. Katmai Hotel, Restaurant & Lounge b. The Upper Deck C. Little Ski-Mo Drive Inn Approved by consent agenda. BREAK TAKEN: 7:47 BACK TO ORDER: 8:01 ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging - Swarner stated there had not been a recent meeting. Ross reported Senior Director Porter had submitted a letter to him stating her intention to retire from the city on December 31, 1998. He noted, Porter has worked for the city for 22 years. D-2. Airport Commission - Measles noted a meeting was scheduled for August 13, 1998. D-3, Harbor Commission - Bookey reported the next meeting was scheduled for August 10, 1998. D-4. Library Commission - Librarian DeForest reported a meeting was held August 4. The minutes of that meeting would be included in the next council packet. Also noted, there are ceramic pins and raffle tickets for sale from the Friends of the Library. Funds received will go toward the library building fund. D-5. Parks & Recreation Commission - Bannock reported a meeting was scheduled for August 6. Williams asked if there had been any contact from the Kenai River Classic group in regard to Cunningham Park. Ross reported he had spoken briefly with Alan Norville. Due to a sudden death in his family, he was unable to discuss the matter with Ross. Ross added, he would wait for Norville to contact him. D-6. Planning & Zoning Commission - Smalley reported there was no quorum for the last Planning & Zoning meeting. He also noted a resignation would be forthcoming from one of the members. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee - Swarner reported the Committee and volunteers and summer crews have been busy weeding the flower beds. She noted, a KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 9 tour of gardens was planned and the next meeting of the Committee was scheduled for August 11. Also, the July meeting minutes were included in the packet. Williams reported he had received a lot of comments about Old Town and the new lighting. He requested additional lighting for the area be included on the agenda for the next budget session. D-7b. Historic District Board - Clerk Freas referred to a memorandum included in the council packet which explained there was no quorum for the Board's last meeting and there were no new topics to be included on the August agenda. Council was asked to consider canceling the August Board meeting. MOTION: Councilman Smalley MOVED to cancel the August meeting of the Historic District Board and schedule the next meeting in September jointly with the council and Planning & Zoning Commission and anyone else who wishes to attend. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. D-7c. Kenai Visitors & Convention Bureau Board - a. Bulking Tour Brochure -- Kathy Tarr, Executive Director of the KVCC reported she has received lots of positive comments in regard to the walking tour brochure prepared by the Historic District Board and published by the KVCC. It is the most popular of their handouts. Because the supply of brochures are almost gone, she will be discussing with the Board the purchase of another supply for the 1999 tourist season. She added, she hoped the Historic District Board will have another project in the future. b. July Visitors - Tarr reported the Center received 19,844 visitors in July. Last year there were 21,000. C. Book Signing - Tarr reported Governor Keith Miller will be holding a book signing at the Center on August 22 from 11:00 a.m. to 2:00 p.m. The name of the book is Prudhoe Bay Governor. Tarr invited council to attend. Williams noted August 22 is also the Industry Appreciation Day Picnic and invited Miller to attend. Tarr stated she would pass the information on to Governor Miller. d. KVCC Meetings - Tarr reported the executive committee would meet August 6. The next full board meeting will be held after Labor Day. e. Future Meetings - Tarr reported they are trying to entice the Permanent Fund Corporation to hold a meeting in Kenai. She requested council's support in this endeavor. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 10 D-7d., Alaska Municipal League Report - Smalley stated the teleconference call was cancelled. He also reported Mayor Williams and he will attend the AML Board of Directors/Alaska Conference of Mayors meeting in Sitka, August 27 and 28. TTRM R! MINUTES E-1, Regular Meeting of July 15, 19980 Approved by consent agenda. ITEM F: ITEM G: CORRESPONDENCE - None. OLD BUSINESS G-1. Approval - Kenai Visitors and Convention Bureau Contract Ross referred to a copy of the proposed contract which was included in the council packet. He noted, the contract was in the same form which council had given preliminary approval. The only change, he explained, is in Paragraph 13. The original wording made reference to the Open Meetings Act. The KVCC Board had some difficulty with that because it does not apply to them as their relationship with the city is contractual. The wording was changed to require their Board to have open meetings. MOTION: Councilwoman Swarner MOVED for approval of the contract with the Kenai Visitors and Convention Bureau as presented. Councilman Bookey SECONDED the motion. Williams asked if there was unanimous consent. Bannock objected to unanimous consent. VOTE: Moore: Absent Measles: Yes Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED. ITEM H: NEW BUSINESS KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 11 H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Swarner questioned the purchase of a notebook computer for airport administration. Ross explained, funding was included in the budget for this purchase and the computer would probably be used by Airport Manager Atha. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 1791-98 - Appropriating a $1,500 Donation From the Kenai Elks Lodge #2425 for Recreational Equipment. Introduced by consent agenda. H-4. Approval - 1998 Land Sale - Five Irons Heights Subdivision Lots. Ross reported he received correspondence from the federal government who had several additional concerns. However, the letter also stated the "...city may remove Blocks 1 and 2 of Five Iron Heights Subdivision from 6F2 protection and dispose of them as proposed." Ross continued, the for sale signs are ready to be placed but there is a variance required from the Planning & Zoning Commission. Action on the variance request has been delayed due to the Commission not having a quorum for their last meeting. The matter will be placed on the August 12 agenda for their consideration. Ross reported, language indicating a deed restriction upon conveyance will be added to the sales brochure. He continued, the deed restriction will be a covenant the city can enforce as well as the property owners. The covenant will restrict the use of the lots to one -family dwellings. He added, the property is inside the Recreation Zone and if the covenant is not included, someone could ask for a recreation business on site. The city, as the owner of the land, can include the covenant on those lots (not KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 12 Block 3). Ross referred to the draft brochure included in the packet and noted, there were no other changes to it and the methodology of the sale will be like that for lots in Inlet Woods. Williams reported he has had conversations with several individuals who would have interest in purchasing a lot and building a townhouse and/or tri-plex townhouse. Williams asked if it is wise to limit the type of construction to one -family dwelling, noting no commercial businesses would be allowed and construction would be based on the present zoning laws with conditional use permits, etc. Ross stated those are arguments that could be discussed when plans are made for the future development of Block 3 because it is being set aside for that type of development. However, the restrictions would only apply to individual lots on Blocks 1 and 2. Bookey stated he always thought Blocks 1 and 2 would be restricted to one -family, high -end residential dwellings. He added, allowing duplexes or triplexes on the lots will limit property owners on the right or left from building a $250,000 house. He noted, there are only 13 lots for sale in those blocks and Block 3 can be used for multi -family dwellings. Measles asked if the lots were too small for construction of tri-plexes. Williams stated they are 16,000 to 19,000 square feet. Bannock stated he would not support restricting the properties for several reasons: a person still has the ability to build a large one -family dwelling and when the Recreation Zone was created, this was one of the pieces of ground that was used as a "test" case for what a recreational zone would look like. Bannock continued, he appreciated Block 3 being earmarked for multi -family use, he would not favor council limiting Blocks 1 or 2 from the Recreational Zone. Smalley stated he believed it unfortunate the Commission had not discussed the matter. He added, knowing their discussions over the years in regard to other subdivisions, he felt they would also be considering single-family dwellings. Williams asked if council would object to sending the matter back to the Commission for review. Ross stated doing that would delay putting the lots out for sale another two weeks. That would be council's decision. Bannock asked what the question was to the Commission for consideration. Ross answered, administration is requesting a variance for lot size. It was explained the variance request is to make the lots smaller, based on the Recreational Zone. Bannock suggested instead of changing the rules and making a special covenant, the zone be changed. Ross stated, that had been considered, however with the process required, it would delay the sale for another year. Williams referred to Lot 6, Block 1 and Lot 1, Block 2 and the old right-of-way from Candlelight to the golf course. He asked why it was shown with a dotted line. City Engineer La Shot answered it has been retained for drainage. Williams asked if it KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 13 as ever to be considered an access easement. La Shot stated no. He added, it is approximately 40 ft. altogether. Ross noted, the plat had been filed and recorded in order to submit it. Smalley questioned whether there is drainage in that area now. La Shot answered, the intersection at Candlelight requires it to be there for drainage. He added, water collects there and seeps into the ground. If it was given up, there could be a problem. Williams noted, the drainage easement is actually a part of Lot 6 and Lot 1, but will be retained as an easement. Bookey asked if it was so noted on the plat as a drainage easement and not a public right-of-way. Bookey added, if it doesn't specifically state it as a drainage easement and is noted as a public easement, it will stay a public easement. La Shot stated he did not believe it was a public easement. It is actually platted part of the lot with easements on the side the property. Williams stated, the problem is it will be perceived as a public corridor. Williams added, he would prefer to see it as a ten foot utility easement. Also, the useful area of the lot will increase and would bring a more premium price. Williams continued, these are the two largest lots. Ross noted, the lot sizes were increased because of the drainage easement. He added, the lots were resized and re -platted since the original design. La Shot added, if the 20 foot easements were subtracted out of the two lots, the lot size would be the same width as the other lots. Smalley asked how the Notice of Land Sale will be handled if the Commission needs to review it first. Ross stated, a restriction will be needed on the deed when the variance is approved. The restriction will be the lots are reserved as residential lots. This will take them out of the permitted use of recreational/commercial. Ross asked if council was accepting of placing a restriction on the deed. Attorney Graves stated, the issue would be if council wished solely to restrict the lots to residential use or residential use and single-family dwellings. Ross asked if there was a consensus of council to restrict the development to residential use. Bannock asked if, by definition, residential use would eliminate the possibility of a home occupation permit or conditional use permit. Smalley answered no. Bannock asked what it meant if the lots were restricted specifically to residential use in an area defined as recreational. Measles answered, to eliminate having someone build a pro shop on one of the lots or anything else allowed under recreational. Williams added, someone might want to build a large house and open it as a bed and breakfast which would require a conditional use permit. Bannock agreed, but if it was determined to be strictly residential, it would still be allowed. Bannock added, he understood the comments to mean that calling the lots residential would eliminate any activity taking place that is not done within a house. Smalley stated, a conditional use permit speaks to what is allowable, but basically is an activity that KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 14 has no visible impact to the general area. Bannock stated there is a conflict with the nature of the recreational zone. He added, he was present when the recreational zone was discussed and developed and these things were discussed. He added, he could not support the restriction. However, if the zone is changed, he would support investigating it. Bannock noted, there are only two areas in the city that are zoned recreational and now council wants to cut it up. He added, he did not want to take the recreational zone to change it for this piece of property. If council doesn't want to see the things go in a recreational zone that are allowed, the zone should be changed. Williams asked Bannock if he recalled whether the Commission, at the time the zone was developed, intentionally meant to cover an application like Five Iron Heights. Bannock answered, he remembered discussing two pieces of ground: at or near the golf course and at or near Angler Acres. He added, the discussion took place that this would be the applicable thing to do if development took place around the circumference of the golf course. Ross asked if the recreation zone developed there because of the BOR restrictions. Bannock answered he did not know. Ross suggested, if the lots are put out for sale zoned recreation and do nothing to preclude the recreation businesses, it will hurt the value of the sale and maybe have people's expectations not met for the future. Bannock requested a short break. BREAK TAKEN: 8:43 P.M. BACK TO ORDER: 8:56 P.M. Measles asked if two separate covenants and restrictions could be placed on the two blocks. He continued, allowing multi -family dwellings on Block 1, up to two-family (duplex) dwellings and restrict Block 2 to single-family residences only. Graves answered, as the subdivider, the city could place those covenants. Measles added, because of the small size of the lots, he was concerned that a triplex with three garages, three families, and three or more vehicles, the lot will be filled and have no yard, trees, etc. Bannock stated, the Planning & Zoning Commission would still have to approve the variance that will allow for lots smaller than allowed by code. He added, he believed that will only compound a mistake. Williams added, the lot sizes Bannock was calling for were a special lot size instituted by the Commission specifically to this area. He added, the minimum lot size in the city is 7,200 square feet. The lots in Blocks 1 and 2 are twice the minimum lot size required by code in any other area of the city. Williams added, 15,000 square foot lots are pretty good sized lots. Smalley stated he agreed with Measles as far as Blocks 1 and 2, with exception of looking at the size of the lots. He added, even though they are close to the club house, Block 2 has the larger lots and would probably be better used for no more than a duplex. Block 1 would be better for single-family dwellings. Measles KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 15 suggested, for that type of an area and type of single-family homes that will probably be built, the larger lots will be more desirable to the single-family residences than the smaller ones will be. Williams stated, sometimes covenants are added to place a minimum value on the structure built. Swarner stated, across the street from some of the lots would be dwellings that would not fit into the minimum value. She added, she would rather have restrictions placed as suggested by Measles than placing a dollar amount. Also, she agreed Block 2 should be single-family dwellings and Block 1 restricted to duplexes or single-family dwellings. Swarner added, she also wanted to make sure the easement is a drainage easement only. Williams noted, council seemed to be interested in splitting the covenants, i.e. a maximum of up to duplexes built on Lots 1 through 6, Block 1 and single-family dwellings only on Lots 1 through 7, Block 2. Williams asked Ross if the variance still needed to go before the Planning & Zoning Commission. Ross answered, yes. Williams stated the matter should be sent to Planning 8& Zoning with the recommendation from council that a covenant should be included on the deed and enforceable by the city. Bookey asked if Administration had any concerns about placing the restrictions on the deed. Ross answered, no. He added, the covenant they had discussed was restricting them to single-family dwellings. As owners of the property, the council can include covenants and the advertisement will note it. Measles stated he would personally prefer all the lots to be single-family. However, he agrees there is a lot of interest in the community to build duplexes and tri-plexes. He added, he would be against anything larger than a duplex being built on the lots. Williams asked if residential use only remains. Answer was yes. Bannock stated, with those proposed changes, more than half of the recreation zone will be discarded. Williams noted, during the development of the zone, it is not known whether the Commission had considered Five Iron Heights or intended to consider it. Also the plat had not yet been created. Measles added, with the BOR restrictions, it could not have been zoned anything other than recreational. Bannock stated, though those are very true statements, it is just as true to say, by calling it a recreational zone and putting these covenants on them, half of what the code says is allowable will be stripped. He added, he believed that is a poor decision. Smalley stated, as the subdivider of the property, the council is allowed to do that as any subdivider is allowed to do. Bannock agreed, but added, he personally felt the role of the subdivider ends when the property is sold. Williams stated, as council, they have the right to protect the integrity of the city's treasury, the value of its lands, and the citizens' interests. He added, by placing covenants on these properties that the city intends to enforce, they are doing that. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 16 Bannock stated, the council does not enforce covenants anywhere else in the city. Williams added, that is because the city is not required to do so. In regard to this property, the city is the property owner. Bannock added, the city will not be the property owner after the properties are sold. Williams stated, generally, after covenants are drawn, the developer relinquishes to the property owners' association within the subdivision, the right to enjoy, enforce or eliminate covenants as they see fit, once more than 51 % of the properties have been sold. Williams suggested writing, within the covenants, once all lots in Five Iron Heights are sold, the city will relinquish its right to enforcement of covenants and should the property owners of the subdivision choose to create a home owners' association, they then have the responsibility for covenant protection. Bannock stated he would support that more. He asked, when it is said the city has "the right to" does that mean the city reserves the right to go back and enforce the covenants. Williams explained, the city would relinquish its rights once the lots are all sold. The property owners have the right to create their own property owners' association within the subdivision. Measles suggested it should be "relinquished" on the final development of the lots, not the sale of the lots. Williams agreed. Measles added, in this way, the city would have some hold over the way the lots are developed. Bannock stated he liked that better in regard to the covenants. Williams noted discussion found: a. Maximum of one or two-family dwellings on Block 1; b. Single-family dwellings only on Block 2; C. Covenants that will be enforced by the city until all lots are developed at which time the authority will be relinquished to a home owners' association. Williams asked if there was a consensus. He noted there seemed to be one, however a motion was requested. MOTION: Councilman Measles MOVED for the administration to proceed as discussed tonight and Councilwoman Swarner SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. Councilman Bannock objected. VOTE: Moore: Absent Measles: Yes Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 17 MOTION PASSED. Ross stated he understood this as direction that if the Planning & Zoning Commission approves the variance based on this, administration will proceed with this document as modified. There were no objections. H-5. Approval - Change Order No. 3/ 1997 Taxiway "C" Extension - C.I.C., Inc. /$24,080 It was noted, the funds for the change order were approved with the passage of Resolution No. 98-53. City Engineer La Shot explained the FAA requested a change in the way the runways were designed and in doing so, some additional signage was needed. He noted, the city had originally recommended and FAA had only recently decided to make the change. La Shot added, there would also be some tie -downs added to the apron in front of the gravel strip. MOTION: Councilman Smalley MOVED for approval of Change Order No. 3 and Councilman Measles SECONDED the motion. Ross noted, the changes would be covered by AIP funding already in the project. La Shot added, with the approval of the change order, the contractor would be contacted in the morning and told to order the materials. VOTE: There were no objections. SO ORDERED. H-6. Discussion - Alaska Regional Aircraft Fire Training Center Grand Opening City Clerk Freas reviewed her memorandum included in the packet which outlined the preliminary steps taken in planning a grand opening of the ARFF. She reported, Fire Chief Elson, Assistant Fire Chief Walden, Assistant Airport Manager Holland, and Administrative Assistant Holleman and she had met several times to begin planning the event. She noted the event was scheduled for October 23 from 4:00 to 8:00 p.m. A rough budget was included in the information which would cover catering, invitations, decorations and she requested $1,000 be added to cover costs of advertising. She added, the invitation list would be provided to council for review and comments. The total estimated budget requested was $5, 100. Freas asked council for direction of whether they wanted to host a grand opening, if they approved the budget and from where the funding should come. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 18 Smalley stated he believed it important that a grand opening be held and funded by the city. He added, the building of the facility is something needing to be celebrated as it will be a great success for the city and state. Measles agreed. A short discussion followed regarding funding the event. It was decided administration should find funds for the event. Ross stated he believed Airport Land funds could be used. MOTION: Councilman Measles MOVED to approve holding a grand opening of the ARFF and Councilman Bookey SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: I-1. Mayor ADMINISTRATION REPORTS a. Congressman Young Letter -Williams reviewed the letter from Congressman Young responding to his request for funding for the future construction of a new international airport in Kenai (added as Information Item No. 7 at the beginning of the meeting). He noted, the letter explained the procedure for receiving AIP funds and that the city is scheduled to receive $677,757 in each of the fiscal years 1999 through 2002. In response to Young's stating the FY9 appropriations process had already been reported to the House, Williams suggested a future request could be made. Williams added, he believed Young should be put on notice the city continues to be interested in receiving funding and would like to be included in the appropriation requests next year. Williams also suggested the city make their request again next year at an earlier date and go forward with the baseline study. There were no comments from council. b. Bluff Erosion - Williams asked the progress of the grant application to Alaska Science & Technology. Ross stated, the grant is still on the tape and Public Works Manager Kornelis would be making a presentation on the application in the near future. Ross also reported the city received a report from Petratrovich, Nottingham & Drage and it will be reviewed by the Harbor Commission at their next meeting. If recommended by the Commission to go forward with the proposed work, it will return to council for approval. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 19 C. Industry Appreciation Day Picnic - Williams reminded council and audience the picnic was scheduled for August 22, 1998. I-2, City Manager a. FY99 Projected Expenditures from General Fund Balance - Ross referred to his memorandum, included in the packet, which noted the outstanding commitments from the General Fund. He explained, he prepared the information for council's planning purposes and setting priorities. b. Morrison-Maierle Contract (ARFF) -Ross reported Morrison-Maierle had put the city on notice they will be making a change in their contract. At this time, it is thought the change will be absorbed, but they will come to the city if necessary. C. InterSpace Advertising Contract - Ross reported he reviewed the contract for advertising at the airport and found the company is substantially in compliance of their contract. He added, if council wants to end the contract, City Attorney Graves would advise them of legal concerns. d. Proposed Airport Expansion - Ross noted the new Airport Manager, Steve Atha, has extensive knowledge of airport management. In the near future he will be traveling to Anchorage to meet with FAA and discuss concerns of future expansion, land mass, and what they will need to proceed. Ross added, he is optimistic the city will receive an okay from FAA to fund the contract for the preliminary study (Jim Carter) . Ross continued, he is still working with the contract for services with Carter and has made one change to require Carter to report to the Airport Manager in order for him to be kept informed of what is transpiring, as well as measure performance and value received. The Airport Manager will also be reviewing the Master Plan and working with the FBO tenants to market what is now available. e. Patricia Porter Resignation - Ross repeated Porter has submitted her resignation and her last day working as the Director of Senior Services is planned for December 31, 1998. f. Officer Harrison Resignation - Ross also reported Officer Joe Harrison of the Kenai Police Department has also submitted his resignation. I-3. Attorney - No report. I-4, City Clerk KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 20 a. Senator Murkowski Visit -Clerk Freas reported she requested some time with Senator Murkowski during his visit to Kenai on August 21 or 22 as council directed. Murkowski has agreed to meet with council at 11:00 a.m. in the Council Chambers on August 22. The Senator will also be inviting mayors of Homer, Seward and Kenai Peninsula Borough to attend. b. New Sound System - Freas reported the new sound system is scheduled to be put into place next week and should be in working condition for the August 19 council meeting. She added, she will include any specific directions for use of the equipment with the next packet if it is available. C. Accu-Vote Equipment - Freas reported she attended an election test at the Borough and the new equipment worked well. A unit of the new equipment is in her office for demonstration. I-5. Finance Director Semmens reported the auditors will begin their work next week. Also, Semmens reported Jeannie Camp was hired as the new Finance Department Assistant. I-6, Public works a. Kenai Elementary School -- Public Works Manager Kornelis reported he contacted the Kenai Peninsula Borough about painting Kenai Elementary School building. He was told the building was on the list and they planned to paint the building in the next weeks. b. EYon Valdez Oil Spill Grant - Kornelis reported he would be traveling to Anchorage on August 13 to discuss the city's grant application with EVOS personnel. He referred to pictures (on the board for council's review) he prepared and would be taking with him as part of his presentation to show what the city did with the last EVOS grant funding received, the need for an enlarged parking lot on the north side of the river, and the access road/ parking lot project for the south side of the river. C. Mission Street Project - Kornelis reported the city had accepted the Mission Street project as complete except for the seeding. He added, there are some areas administration has requested the contractor re -seed. Discussion followed in regard to the placement of flower boxes in front of the Orthodox Church. There is concern they will interfere with snow removal processes and be damaged by the graders. Kornelis stated the city was required by the State Preservation Officer to have two areas on the side of the sidewalk seeded. Placement of the flower boxes and curb are to keep traffic back. Steel posts will be put in the corner to mark the area. Kornelis was requested to have the posts tall enough to be KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 21 seen during the winter and to have the street personnel install the posts so they are well aware of the flower boxes, etc. Also, make the polls removable. d. Nationwide Permit Proposals - Ross reported City Engineer La Shot would be involved with issues of nationwide utility placement proposals. Ross encouraged council to forward their concerns or questions to La Shot. I-?. Airport Manager Airport Manager Atha thanked council for the opportunity to be working in Kenai. Williams welcomed him to the City of Kenai team. ITEM J: DISCUSSION J-11 Citizens - None. J-2, Council Bookey - Welcomed Atha to the City and wished him good luck. Swarner - Also welcomed Atha. Swarner also reminded those present of the annual Women's Run scheduled for Saturday morning. She noted, the race would be in remembrance of Chris Malone. Measles - Welcomed Atha and noted he would be seeing more of him as the Airport Commission liaison. Bannock - Welcomed Atha. Smalley - Welcomed Atha as well and congratulated Pat Porter and Joe Harrison for their many years of dedication and work for the City. Smalley also noted there is interest from a Charter School to move into the Kenai Elementary School but the School District has denied their request. Smalley requested the city send a letter to the School District and suggest the Charter School be allowed to move into the building. Williams reported People Count has dissolved and will be reorganized, but will be housed in a different place. The Alternative School will be moving into the area formerly used by People Count. He added, the remainder of the school is mostly used for storage. He is aware the Borough Space Allocation Committee did inspect the building, but he was not aware of their findings. Ross requested the Charter School's representative give him a copy of the Charter School's written request for use of the space. From that information, he will compose a letter and forward it to the School District. Smalley also reported he thought the city was looking beautiful and thanked the Parks &Recreation Department and Beautification Committee for their efforts. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1998 Page 22 EXECUTIVE SESSION ITEM K: ADJOURNMENT The meeting adjourned at approximately 9:50 p.m. Minutes transcribed and prepared by: /1*1 111,11111, Carol L. Freas, City Clerk APPROVED BY COUNCIL DATE Clif CLERK