Loading...
HomeMy WebLinkAbout1997-06-04 Council Minutes• A. Be • C. • AGENDA KENAI CITY COUNCIL - REGULRR MEETING JVNE 40 1997 7:co P..M. KENAI CITY COUNCIL Cli MER httpt//www.Xenai.net/city CALL_ To _gam 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. BCBEDVLNR P_=1M2 �Cqj(10 Minutes) 1. Kathy Soott/Colleen Ward - Kenai Economic outlook Forum Summary, 2. Jerry Stook - New Castle Builders/Water and Sewer Service to Lots 1 and 2, Pinewood Subdivision, 1. Ordinance--N0.-1742-97 --Adopting the Annual Budget for - the Fiscal Year Commencing July_18 1997 and Ending June 30, 1998. a. Consideration of Ordinance No. 1742-97. b. Consideration of SUBSTITUTE Ordinance No. 1742-97. 2. Ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limit. 3. Ordinance No. 1744-r97 - Amending the Kenai Municipal Zoning Code 14.20,.320(b) to.Include the Definition of 'Cabin Rentals." -1- 4. Ordinance No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition of "Guest Room" to Allow for One or More Persons. 5. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project Fund, 6. Ordinance No. 1748-97 - Increasing Estimated Revenues and Appropriations by $567 in the Senior Employment Special Revenue Fund. a. Motion for Introduction. b. Motion for Second Reading (Requires a Unanimous Vote) . c. Motion for Adoption. 7. Ordinance No. 1749-97 - Increasing Estimated Revenues and Appropriations by $436 in the Council on Aging Special Revenue Fund. a. Motion for Introduction. b. Motion for Second Reading (Requires a Unanimous vote). c. Motion for Adoption. • S. Resolution No. 97-29 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. 9. Resolution No. 97-30 - Transferring $1,500 in the General Fund for the Purchase of Office Furniture for the City Clerks Office. 10. Resolution No. 97-31 - Awarding a Contract to Peninsula Roofing for the Project Entitled, "Kenai Public -Safety Building - Roof Repairs - 1997" for the Total Amount of $131,311.00. 11. Resolution No. 97-32 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Vending Machine Concession to Tyler Distributing Company, Ina. 22. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF in Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths Within the City Limits by the City of Kenai. 13. Resolution No. 97-34 - Transferring $7,000 in the General -Fund for Contracted Services of the Interim City Manager. 2 • D. • 14. Resolution No. 97-35 - Awarding a Three Year Contract for Natural Gas to Aurora Gas, Inc. 15, Resolution No. 97-36 - Transferring $1,.800 in the Airport Land System Fund for Repair of Air Handling Unit. COMlLISSIONf COMITTEa 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. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report i. *Regular Meeting of May 21, 1997. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordiasnoe No. 1747-97 - Finding That Certain Foreclosed City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A. Are Not Required for a Public Purpose. 4. *ordinaXoo No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. 5. Discussion - Schedule Goals,& Objectives Work Session. -3- 6. Diaoussion - Leif Hansen Park/Damaged Trees and 1 0 Shrubs/Limit Varieties to be Planted. . 0 • EXICR21V_B 8E881 - None Scheduled. 10 A=I jB=U3EOXRUMIN 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council -4- KENAI CITY COUNCIL - REGULAR MEETING i JUNE 6 v 1997 7 s 00 P.X. KENAI CITY COUNCIL CBAMBER8 httpt//vww.Ronal.not/city MAYOR JOHN J. WZLLIAMS t PRESIDING • Mayor Williams called the meeting to order at approximately 7:00 P.M. in the Council Chambers in the Kenai City Hall Building, Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, and Swarner. Absent were: Book9Y and Moore. 1), Mayor Williams reported he had no changes to the agenda. MOTIONS Councilman Smalley MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. BO ORDERED. A-6. Mayor Williams noted he had no changes to the Consent.Agenda. MOTIONS Councilman Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT, Councilwoman Swarner SECONDED the motion. There were no objections. .80 ORDERED» 8-1. Kathy Scott/Coiloon Ward - Kenai Economic Outlook Forum Summary, Kathy Boot - Thanked council for the opportunity to work on this and other city projects throughout the year. She felt the Forum was a chance for the city to talk to the citizens and visa versa. KENA: CITY COUNCIL MEETING MINUTES MWE 4 , 1997 PAGE 2 She explained, the Forum was developed through a collaborative effort between herself and Colleen Ward. Scott requested Ward to continue with the summary. colleen Ward - Ward briefly reported on the development of the Foram, as well as the summary which had been distributed in the packets. Ward identified the outcomes of the Forum to be: • City leaders gain knowledge of Forum participants (needs as business and community members, ideas on role of city government in addressing identified needs.) • City leaders gain prioritized suggestions regarding the future direction of Kenai in terms of balancing revenues and spending and economic diversification. • Participants gain an understanding for the economic overview of the City of Kenai. • participants gain an opportunity to make their suggestions and concerns known and experience being heard by the city leaders. • The community of Kenai benefits from participation of citizens and leaders collaboratively working toward a healthy, vital and enterprising economic future. Ward distributed a "Collective Perspective of Participants" to council which further described information garnered from the-- Forum's participants in regard to planning, cooperativeness, development (infrastructure, recreation marketplace and financial strategies) and promotion. Wil liams presents goals an H-29-2., d Jerry Btook - New Castle Builders/Water and Sewer Service to Lots 1 and 2, Pinewood Subdivision. Stock referred to his letter which was included in the packet. In -Js letter, Stock explained that he is at builder and through his business, New Castle Builders, he purchased lots in Pinewood Subdivision (corner of Linwood Lana and Kaknu) on which to build single-family homes. Stock reported, he purchased the lots through Preferred Realty and at the time of purchase, he KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 3 understood (from the realtor) Lots 1, 2 and 4 were served with utilities and Lots 5 and 6 did not due to lack of street access. Stock continued, he walked the properties prior to purchase, but did not find water risers on Lots 2, 3 and 4. Because the lots were platted in the early 70's, he thought the risers could have been knocked off or buried. He now has sold homes to be built on Lots 1, 2 and 4. Upon excavation to install water and sewer, he discovered there was no water and sewer stub outs for either Lots 1 and 2. He requested the city pay for the cost of placing the stub outs as he believed the city misinformed the realtor when she was told there was water/sewer stub outs to the properties. City Manager Ross reported he discussed the matter with Mr. Stock and it was his understanding the services were placed in 1969 and/or early 70•s. The property was then and is still raw land. There were no actual hook-ups of any sort. He also spoke with the realtor, Anna Johns. Ross stated, it was his understanding that when Ms. Johns called city hall, she asked if water and sewer was available or accessible to these lots. If the call had been placed to the city today, the answer would have been yes because water and sewer lines run down the road. The city wouldn't know if they had been placed. When a water and sewer line goes in, the owners of the properties are notified to contact the city to say where they want stub outs and where they want water and sewer placed. if a raw -land owner did not respond (and that's what the city believes occurred here), the city would not know if the owner had placed stub outs on the lots because it is raw land. Stock noted he understood this was an old subdivision and there were stub outs on Lots 2, 3, and 4. He asked why there was no stub out on Lot 1. Ross answered, he did not know what the owner did at the time because, when the lines are placed, the contractor laying the lines can make deals with the owners in regard to placing the stub outs or the owner can hire a contractor of their own to place the stub outs. Where they are placed is not reported to the city. Ross added, before the road was paved in 1988, letters were sent out to the property owners who were requested to respond in regard to placing stub outs. The record shows no response from' the owner (or in this case, the executor) of the Pinewood . properties. Ross also noted he knew of no regulation that • KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 4 required an owner of raw land to place stub outs. There was a requirement that if there was a residence, they were required to hook up. Stock stated he didn't understand how the property could be designated raw land when he found utilities on three of the six lots in the subdivision. Ross replied, the city doesn't know what the owner did or why he did or didn't do it. Public Works Director Kornelis stated, it was 1970 when the water lines were placed. There is no record of service lines placed to the lots, but he knows they were because they are all around there. He has only the drawings from the project (no specifications). He added, he didn't think the service lines were placed by the city. Kornelis continued, in 1973, the sewer interceptor line was placed. He assumed sewer was placed to the lots then, but he has no record by whom. There is no record on the interceptor line drawings of service lines to the lots. He talked with the consulting engineer, Phil Bryson, and he thought the city may have contracted with Doyle Construction to put in services, but he wasn't sure who paid for the services. The roads and water/sewlar were improved in that area in 1984. At that time, surveys were sent to property owners asking them about stub out placements for water/sewer services and driveways. There was no answer from the owners of the lots they were no discussing* stock asked if there was no requirement to have an owner to place stub outs prior to paving. Kornelis answered no, but it is a preference. In 1988, when the paving was done, there were some service lines placed, but he thought they may have been placed in 1970 when all the others had been placed. Kornelis noted, Lot 2 has water to it, but they haven't been able to find sewer to it. They haven't been able to find if Lot 1 has water or sewer. Councilman Smalley asked if the city had represented to the realtor that the lots were fully serviced before the sale. Stock stated he didn't know what else the realtor could have done, other than asking the city if the properties were served. He believed, in good faith, the realtor told him what she had been told by the city. . KENAI CITY COUNCIL MEE7CING MINUTES JUKE 4, 1997 PAGE 5 anna Johns - No. Johns stated she telephoned the city, but didn't write down the name of the man to whom she spoke but it was someone in the water and sewer department. She gave the legal description of the property and asked if there was water and sewer to the lots. She was told there was. She asked how would he know and he answered, the contractor would know but there are stub outs. She asked, then there is water and sewer and he answered yes. She added, after talking with Ross this year, he told her she should have asked if they were street side. She didn't know to ask that, she only asked if there was water and sewer to the lots. Johns continued, when the notices and surveys were sent out, the owner of the property was dead. The property had been subdivided for a very long time. She added, she thought it seemed odd the lot in the middle was the only one without a stub out when there is water and sewer on both sides. Councilman Bannock asked Johns if the owner had asked about the • accessibility of water or sewer stub outs or service lines. She answered, yes, while the property was in probate. Councilwoman Swarner noted someone had to have been paying the taxes. Johns stated she believed the taxes were paid through the probate. Swarner noted, probate could pay the taxes, but not answer questionnaires. Johns answered, she didn't know how that worked. She did know, however, she had to have court approval in order to sell the lots. Once the offer came in, the executor had to have the court's approval. Swarner asked if the taxes were current on the property when it was sold and Johns answered yes. Williams stated he knew the previous owner who was somewhat of an eccentric. He owned the property for many years and it had been subdivided in the late 601s, early 70's. Williams noted, that if all the lots in a row were subdivided on Linwood and all got water and sewer except Lot 1 and sewer on Lot 28 he would think there was a mistake in communication with the contractor. Bannock commented, that after review of the information and this meetings' conversation, he thought there were no rules that required the stub outs. What concerned him was the representation: Where did the information come from that produced the decision? and, whether it was good or bad information. If the city is responsible for giving out bad KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 6 information, he felt the city should accept responsibility for it. He added, this was the only issue to be determined. Ross stated he didn't know if bad information was distributed other than they were trying to reconstruct a conversation from over one year ago between Mrs. Johns and a city employee. The way Mrs. Johns asked him if there was water and sewer to the lot, he would have said yes because the water and sewer is available. Mr. Stock bought the lots believing the stub outs were there and at this point, at whose expense should they be installed, if they are to be installed. It is difficult to reconstruct the conversation. He spoke with city employees and presented the questions as much like what Mrs. Johns stated them. Nobody could remember the conversation. The question is one that is typically asked and answered yes, i.e. water and sewer is available to the lot. That is what Mrs. Johns represented to Mr. Stock. There was no attempt to mislead on the part of an employee. Swarner asked if maps were kept of lots that are stubbed out. Kornelis answered no, unless the city installs the stubouts as part of a city project. The installation of stubouts is up to the developer. The code states, its the responsibility of the property owner to know where the curb stops and valves are on the property. The only time the city has a record is if the information is turned in as part of the building and curb information. Then it is included with the building file. Kornelis added, the only requirement is that the valve has to be on the property line so that the city can get to it. Where it is placed on the property line is the decision of the property owner. Bannock asked, then the right question to ask the city would be, "is there a stub out to this particular piece of property?" and then the city can answer the question as, "we don't know" or "yes, there definitely is." Kornelis added, to answer yes, would require a lot of research by reviewing the drawings and specifications. Bannock noted, there is a difference between asking if a lot is stubbed out and if sewer and water is available. Anna Johns - Stated that during her conversation last year, where there was sewer and water to the lots was part of her question. She added, she also asked how do you know and was told, there would be stub outs and a contractor would know where they are. Ross stated, the solution would be to change the code and require stub outs be placed to all platted lots. . KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 7 Stock stated, if it has to do with financing, he made an offer to the city to purchase four Evergreen lots at $9,500 each. Williams noted, he appreciated Stock taking an interest in the, city to purchase the Evergreen lots. It represents an investment in the city. Swarner noted that Stock has cleared most of the property while looking for stub outs. She asked if there was any way to find them if they are there. Kornelis answered, a metal detector may find it within a certain range. However, if the pipes are AC pipe, a metal detector wouldnft be able to find them. Williams stated he personally felt the city should make a policy statement that, in this particular instance, it was the responsibility of the city to hook up water and sewer to that property. He added, the council could make such decisions on an individual basis when problems of this nature arise. There have been other instances in the past where the city has chosen to take actions such as this. City employees do their best with the information available. Some of the old projects lack information and detail. Smalley stated, the lots have not been assessed for having water and sewer. Ross stated, the property would be assessed whether there is a stub out or not as part of an assessment district. Williams stated, if the property had been paying property tax for the last 30 years based on a value with water and sewer to the property, it is another issue. Measles noted, there is no difference in assessment whether a line runs down street or stubbed to a lot. If water and sewer is available, the property is assessed as having water and sewer. Kornelis noted he checked with Finance and learned there was an assessment for paving, but not for water and sewer. Smalley asked what the cost would be to have the city place the stub outs. Kornelis answered, a guess would be as high as $5,000-$6,000 due to possibility of de -watering or asphalt surfacing. There is a possibility water could be tied in on the same side of the road. Kornelis added, there would be two curb stops and the work would have to be contracted out. Swarner stated, it was not the city's policy to force the property owners to place stub outs and did not feel the city should pay for placing the stub outs to the lots. Smalley added, the city did attempt to contact the property owner. The city has • is 0 KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 8 no control over the fact the owner was deceased or the executor of the estate did not respond to letters, e Anna Jobns - Asked if in the 19700s, if water and sewer came through an area, a property ownerhad tuwith atstructure answered, that is only in the caseproperty on it which uses water and sewer. There are no requirements in regard to vacant land. Williams stated the matter was closed u to o furthernting action from council. He added, he appreciated do business in the city, but the city could not assist him in placing water and sewer to the lots. ��� POHLIC RF 21�T B Ordinance No. 1742-97 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. C-la. Consideration of Ordinance No, 174E-97. MOT=ONI U. Councilman Measles MOVED for adopton &ordinance No. 1742-97 and Councilwoman Swarner SECONDED onmotion There were no public comments.. Councilman Measles noted the th difference was between the substitute and asked what ordinance and the substitute. Finance Director-Semmens explained the substitute ordinance noted a reduction of $150,000 in the due to a General Fund and $178,000 overall. The difference was reduction in the PERS rate. C-lb. Consideration of DUBBTITVT8 Ordinance No. 1742-97. MOTION TO AMENDS Councilman Measles XOV3D to substitute Ordinance No. 1742-97 with the ordinance marked C-lb (the substitute ordinance. Councilman Smalley BECONDED the motion. Councilman Measles requested IIIMMIKOUB CONSENT, There were no objections. 80 O a RM IND. w • KSNAI CITY COUNCIL M88TING MINUTES JUNS 4, 1997 PAGE 9 VOTE ON main NOTZOIN t Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION TABBED UN7I MOUGLY 0 DRUZ TAKEN: 8:00 P.M. BACK TO ORDER: 6:14 P. N * C-2. Ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limit. NOTION: Councilman Smalley X0VED for adoption of Ordinance No. 1743-97 • and Councilman Bannock SECONDED the motion. Donieae =ssaos - No. Issacs spoke on behalf of herself and for the Kenai Kennel Club and noted her letter was included with the ordinance in the packet. The letter explained the ordinance would stop all future kennel licensing within the Suburban Residential 2, Urban Residential, Inlet View Subdivision and Townsite Historic Zones. -Issacs-explained-she is a dog lover and has a kennel license.: - She has had two to four dogs since moving into the Woodland Subdivision and has never received -a complaint. Issacs stated, the licensed kennel owners are not the problem. Those initiating the ordinance are those who don't adhere.to animal regulations. She added, if the ordinance was approved and included in the code, it would not be fair to the people who take good care of their animals. Many of the kennel permittees are those who have show dogs and breed show dogs. They are willing to allow inspections at any time and take very good care of their animals and their property, she added, the ordinance wouldn't solve any animal problems but would give less control because the people who don't care about animal regulations, won't apply for a.license. Councilman Smalley noted the statement in the fourth paragraph of Issacs' letter summarized the discussion at the.Planning & Zoning level. It read, • KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 10 The City's dog problems & concerns do not lie in Kennel Licensing but in the Chapters 3.05 & 3.10 control of neglected, stray, abandoned and vicious dogs, who are not cared for or trained and the people who own them let them run loose, these are the types of residents that do not follow any rules or respect others. Michael Christian - 613 Maple Drive, Woodland Subdivision. Christian stated this was not an issue of dog lovers or dog haters. The problem was that people have taken in more than three dogs in a small -lot subdivision such as Woodland. With that, there are barking and sanitation problems. There have also been complaints which is why the ordinance came forward. Mayor Williams asked Christian, with the proposed new kennel licensing program, would a person still be permitted to keep more than three dogs. Christian answered no. He added, in the zones noted in the ordinance, a person could have as many as three dogs, but not four. A kennel permit would not be attainable in the noted zones. Animal Control Officer Godek - Godek stated there are nine permits issued at this time. One in a Rural Residential zone and eight in RS1 zones. Godek continued, at this time there were no zone restrictions for permits, other than boarding kennels. A kennel permit could be attained anywhere in the city as long as the property met the criteria and there were no objections from neighbors in regard to barking and sanitation. Smalley asked if there was citations to kennel permit barking dogs or sanitation code speaks to those types process for appealing loss holder may also apply for a appeal may be heard before council, and on to District VOTE: Measles: No Williams: No Moore: Absent. • MOTIOIt HI►ILBD. a system now in place for issuing owners if he received complaints of problems. Godek answered yes, the of problems and allows for a hearing of permits, etc. He added, the permit hearing to keep a kennel license. An a hearing officer, to the city Court if desired. Bannock: No Bookey: Absent Smalley: No Swarner: Yes KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 11 C-3. Ordinance No. 1744-97 - Zoning Code 14.20.320(b) "Cabin Rentals." MOTIONS Amending the Kenai Municipal to Include the Definition of Councilman Smalley MOVBD for adoption Of Ordinance No. 1744-97 and Councilwoman Swarner szcomw the Joe Lee, 1Caknu Nay - Lee stated it was his wouldunderstanding re Sal P&Z commission was recommending the ordinance Smalley cabins in an RS zone with Would conditional coming forward which stated, another ordinance probably be would define what is allowable in thidifferenvarzones s and zonwhat would require a conditional use permt s. Ordinance No. 1744-97, now before council, would add language to define cabin rentals. They are two separate issues. Lee stated, he understood this ordinace zonend include what would require conditional use permits in ais • would protest the cabins (referring to those built thclose to tonal home and previously discussed by council) even use permit. A short discussion followed regarding the cabins built close to Lee's property. City Manager Ross noted, there was a possible business use of the property and an obstruction of the right-of- way. Attorney Graves stated the definition was formulated to be added to the code because of the problem with the smallin buildings code built close to Lee's property. There was nothing r to this to define what is a cabin rental. He added, the P&Z Commission was now reviewing and updating the land use table in order to avoid ambiguities. The ordinance discusses short-term rental of cabins which would not interfere with the rental of a house on a long-term lease. Lee added, He wanted to object to cabins being allowed in an RS zone even with a conditional use permit. Richard Rutherford - Rutherford stated he understood cabins could not be rented in any city zone on a daily basis. He thought cabins had to be rented on as Withltheaowner ofttheford smalldded, he lives on Kaknu and has talks0 M • KENAI CITY COUNCIL MEETING MINUTES JOAIE 4 l 1997 PAGE 12 • 0 buildings in question. The owner the buildings on a daily basis as property. VOTE: Meas less : Yes Bannock: Williams: Yes Bookey: Moore: Absent. NOTION PASSED II MXXOV8LY. told him he would be renting a commercial use of the Yes Absent Smalley: Yes Swarner: Yes C-4. Ordinance No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition of "Guest Room" to Allow for One or More Persons. NOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1745-97 and Councilman Measles 82CONDED the motion. There were no public comments. Attorney Graves explained, the definition of "guest room" would be included in the hotel/motel definition of the code and would not involve guest rooms in individual homes. Williams noted the definition designated the type of structure to which it referred (hotel, dormitory, boarding or lodging house). VOTE: --. Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION PASSED 9MINODSLY. C-s. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project Fund. NOTION: Councilman Measles MOVED for adoption of Ordinance No. 1746-97 and Councilman Smalley 82CONDED the motion KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 13 There were no public or council comments. City Manager Ross requested action on the ordinance be postponed until the June 18, 1997 council meeting. MOTIONS Councilman Smalley MOVED to postpone action on Ordinance No. 1746-97 until the June 18, 1997 council meeting. Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. C-6. ordinance No. 1748-97 - Increasing Estimated Revenues and Appropriations by $567 in the Senior Employment Special Revenue Fund. C-6a. Motion for Introduction. MOTIONS Councilwoman Swarner MOVED for introduction of Ordinance No. • 1748-97 and Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6b. Motion for Second Reading (Respires a UnaniMous Voted . MOTIONS Councilman Measles MOVED for the second reading of -Ordinance no. 1748-97 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. C-60. Motion for Adoption. MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1748-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Acting Director Kelso explained introduction and passage of Ordinance Xo. 1748-97 was required in one meeting because the funds were received for summer employment and needed to be spent prior to the end of the year. She added, introduction and passage of Ordinance No. 1749- 97 in one meeting was required because the funds would be used by . she and the Director to attend a workshop next wesek. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 14 VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. NOTION PASSED 9URNINOUSLY. C-7. Ordinance No. 1749-97 - Increasing Estimated Revenues and Appropriations by $436 in the Council on Aging Special Revenue Fund. C-7a. Motion for introduction. N69IONS Councilwoman Swarner MOVED for introduction of Ordinance No. 1749-97 and requested 9MINOUS CONSENT. Councilman Smalley SECONDED the motion. • There were no public or council comments. VOTES There were no objections. 80 ORDERED. 0-7b. Motion for Second Reading (Requires a unanimous vote. NOTIONS Councilman Smalley MOVED for the second reading of Ordinance No. 1 1749-97 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, C-7c. Motion for Adoption. NOTION: Councilman Measles MOVED for adoption of Ordinance No. 1749-97 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTES Measles: Yes Bannock: Yes Smalley: Yes KENAI CITY COUNCIL MEETING MINUTES . JUNE 41 1997 PAGE 15 Williams: Yes Bookey: Moore: Absent. MOTION NABBED MMNIHODBLY. Absent Swarner: Yes C-e. Resolution No. 97-29 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. MOTIONS Councilman Measles MOVED for adoption of Resolution No. 97-29 and requested ONANINOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-94, Resolution No. 97-30 - Transferring $1,500 in the General Fund for the Purchase of Office Furniture for the City Clerk's Office, NOTION: Councilman-Smalley--NOVED for adoption of Resolution No.--97-30 and Councilwoman Swarner BECONDED the motion. Councilman Smalley requested VNJkNINOUS CONSENT. There were no public or council comments. NOTION TO AXENDt . Councilman Bannock ROVED to amend the resolution in the first whereas, removing the words "in order for the work station to be more ergonomically safe" and Councilman Measles 82CONDED the motion. There were no objections. 80 ORDERED. VOTE ON NOTION A8 AHMED S There were no objections. 80 ORDERED. • KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 16 C-10. Resolution No. 97-32 - Awarding a Contract to Peninsula Roofing for the Project Entitled, "Kenai Public Safety Building - Roof Repairs - 1997" for the Total Amount.of $131,311.00. Councilman Smalley MOVED for the adoption of Resolution No. 97-31 and Councilman Measles 8ECONDEO the motion. There were no public or council comments. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. So ORDERED. C-110 Resolution No. 97-32 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Vending Machine Concession to Tyler Distributing Company, Inc. MOTIONt Councilman Measles MOVED for adoption of Resolution No. 97-32 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTEt There were no objections. 60 ORDERED. C-12. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF in Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths within the City Limits by the City of Kenai. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-33 and Councilwoman Swarner AECONDED the motion. There were no public comments. 16 KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 17 Objections were noted from council in regard to the term "accepting seasonal limited maintenance" of the paths within the city limits because they felt the paths were not properly _ constructed by the state. Ross explained, the only maintenance to be done by the city would be the sweeping and removal of surface debris. Swarner stated she was concerned "seasonal maintenance" might include repairing of cracks, etc. which is not the intention of the city, but didn't feel the resolution made it clear. Ross referred to Section 2 (of the resolution) for the definition of what the city would do. Swarner added, she thought the resolution should include a statement as to what condition the paths are in and that the city does not accept that condition. Ross explained, the resolution was pointed toward the continuation of the Unity Trail and a similar resolution had already been passed by the Borough and City of Soldotna. To make a condition statement would also make a condition statement on what is to come. The city does support the state in providing is good trails and recognizes the ones they have are not good. Ross added, the city is not accepting responsibility for crack maintenance or structural failure. Councilman Measles asked if deleting "limited maintenance" and insert, "and accept responsibility for sweeping and surface debris removal of trails during a specific time period" would remove councils concerns. Measles added, he was also concerned that in the future, the -state could construe "maintenance". to __.. mean the city accepted responsibility for repairing or replacing asphalt. Or, the state may say the path is in the condition it is because of the way the city maintained it. Williams requested the resolution be returned to administration for a complete review and rewrite. Smalley stated his support of Measles# comments. He added, he thought removing the word "maintenance" and specify what the city will do would be better. He was also concerned the word "maintenance" and if the city placed some sort of equipment on the path, would be construed by the state that the city caused the damage. Bannock reminded council he stated the same concerns two years ago. He has ridden the path and the only places where there is no damage is where the path is attached to the road. He added, 110 he supports sidewalks and streetlights, but not bike paths. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 18 There were no objections from council to have administration rewrite the resolution. C-13. Rosolution No. 97-34 - Transferring $7,000 in the General Fund for Contracted Services of the Interim City Manager. XOTIOX$ Councilwoman Swarner MOVED for adoption of Resolution No. 97-34 and Councilman Smalley 89CONDED the motion and requested ominous CONSENT 0 There were no public or council comments. VOTES There were no objections. 80 ORDERED. C-14. Rosolution Mo. 97-35 - Awarding a Three Year Contract for Natural Gas to Aurora Gas, Inc. NOTION $ Councilman Smalley MOVED for adoption of Resolution No. 97-35 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTN3 There were no objections. 80 ORDERED. 0-15. Resolution No. 97-36 - Transferring $1,800 in the Airport Land System Fund for Repair of Air Handling Unit. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-36 and requested MOMMOUS COMBENT. Councilman Smalley SECONDED the motion. There were no public or council comments. 0 KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 19 VOTES There were no objections. 80 ORDERED. ITEM_Dt COMMISUON/COMMITTRB REPORTS D-le Council on Aging Councilwoman Swarner reported the Senior Center's newsletter was included with councilts packets. The next Council on Aging meeting was scheduled for Tuesday, June 10 at 10:00 a.m. D-2. Airport Commission Councilman Measles reported the Commission would meet on Thursday, June 12, 1997. Airport Manager Ernst passed out draft copies of the Airport Master Plan. Ernst reported a public hearing on the Plan would be held during the Airport Commission0s meeting on June 12 and requested council to review the Plan and is invited them to attend the public hearing. Ernst pointed out in the Plan the $2.3 million project to extend taxiway north. He added, the purpose of the extension is to allow planes to taxi to the north end of Runway 19 instead of of back taxiing on the runway. The extension will also allow the proper distance for take off for fully -loaded planes. D-3. Harbor Commission Public Works Director reported the next meeting was scheduled for Monday, June 9, 1997. D-4. Library Commission Librarian DeForest report the annual Friends of the Library Book Sale had started and would continue through Friday. Also, registration for the summer reading program had begun. D-5. Parks i Recreation Commission Councilman Bannock reported the next scheduled meeting would be held on June 5, 1997. • KENAI CITY COUNCIL MEETING MINUTES • JUNE 41 1997 PAGE 20 D-6. planning G Zoning Commission Councilman Smalley reported the Commission met on May 28 and the minutes of the meeting were included in the packet. Smalley reviewed actions taken by the Commission. He noted, the Commission requested some thought be given to designating one of the ten foreclosed lots in Inlet Woods (to be made available for sale) for a city park in that neighborhood. Smalley noted the word "bonfire" on page 5 of the minutes should be changed to bona fide. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported volunteers were busy planting the various city flower beds. She added, the next meeting was scheduled for Tuesday, June 10. D-7b. Historic District Board No report. Minutes of the previous meeting were included in the packet. D-7c. Challenger Board Bill Popp - Introduced himself as the new Project Coordinator of the Challenger project. He reported he, with Mayor Williams, Kathy Scott and Representative Hodgins, met with Alaska Science and Technology Foundation representatives to discuss the requested $1.5 million in funding for the project. The discussion was to indicate what they wanted included in the project, and how they could gain the maximum amount of money. Hodgins has stated he would like to sit in on future meetings and Senator Torgerson has stated his interest in securing funding and will be following their progress closely. He also aware of support from Representatives Phillips and Davis, as well as Senator Ward. Popp also reported the Fourth of July Parade would be centered around the Challenger Program. The Parade Marshall will be Astronaut Pete Conrad, who will also be participating in the Kenai River Classic. Popp noted, the Challenger office space is being provided by 40 MAPTS as well as limited support staff. Their phone number is 262-7123 . . KBNAI CITY COUNCIL MEETING MINUTES DUNE 4, 1997 PAGE 21 • • Popp reported, he is also President of the Sears Elementary School PTA and thanked the city for their donation to the upgrading of the playground at the school. He added, they have had discussions with Borough Administration and are aware funds had been included in the school district budget for upgrading of playgrounds in the district. They are hoping to receive funds from the district to complete the upgrade which they hope, will include placing topsoil and planting grass. In regard to the CCRC issue, Popp reported the ordinance came before the Assembly and was tabled until August 5. This will allow a task force of Assembly members to review the matter and develop a more definitive ordinance. Williams stated, should the Borough determine that it should be in its purview to enter into a government -to -government agreement, they should address the Kenai City Council with the issue before a decision is made at the Borough level. Popp agreed, and stated, there had been no discussion on the task force of which he was aware. Popp also reported the Assembly had passed a revision of their Board of Adjustment codes in an effort to make them more user friendly. Popp also thanked council for their donation to the Challenger. D-7d. Renai Visitors i Convention Bureau Board Williams reported he met with the new director of the KVCC and discussed the upcoming AML board meeting. D-7e. Alaska municipal League Report Councilman Smalley reported regard to the Board meeting Smalley suggested they talk forwarded a list of the four they check with the KVCC fo the area, he received a phone call from AML scheduled in Kenai for August. with Clerk Freas. Freas reported motels in the city and suggested r a listing of bed and breakfasts B-1• Regular Meeting of May 21, 1997. Approved by consent agenda. in she in • K8NAI CITY COUNCIL MEETING MINUTES DONE 4, 1997 PAGE 22 • • None. None. B-1. Bills to be Paid, Bills to be Ratified NOTIONS Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. 00 ORDERED. B-2. NOTION: Purchase orders Exaeeding $2,500 Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Bannock SECONDED the motion. There were no objections. So ORDERED. 8-3. Ordinance No. 1747-97 - Finding That Certain Foreclosed City -owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for a Public Purpose. Introduced by consent agenda. 8-4. Ordinance No. i750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. Introduced by consent agenda. Discussion - schedule Goals & Objectives Work session. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 23 Williams suggested council proceed with a goals & objectives work session in the near future while the information from the economic forum was still fresh. Smalley reported he would be out-of-town the month of July. Ross explained, he thought council should move ahead with the goals and objectives work session, but suggested they consider the summer work schedule in regard to project activities as may be difficult for some department heads to give it their full attention. He suggested delaying the work session until after the peak of the season. Williams suggested bringing the matter forward on the July 16 agenda for discussion. Council agreed. H-60 Disouasion - Leif Hansen Park/Damaged Trees and Shrubs/Limit Varieties to be Planted. Councilwoman Swarner stated she was concerned there was damage being done to a number of plantings at the park from both moose and maintenance equipment. She felt the city should take the responsibility of replacing some of the plantings. She also suggested some of the plantings be moved back from the sidewalks to allow more growth room, as well as maneuvering equipment to clear snow from the sidewalks for the Veterans' Day service, etc. Swarner also suggested some of the choices of plantings be eliminated and replace them with choices that moose don't like as such. Clerk Freas noted she spoke with thw landscaper before the meeting and asked for suggestions of plantings less liked by the moose. She was told the only plantings the moose don't eat are Colorado Spruce. There are others of which they are not fond, but will still damage. She added, the landscaper suggested wrapping the plantings in the fall. It takes two people with a ladder approximately 15 minutes to wrap a tree. The landscaper will also do the wrapping at a cost of $15 a tree. Parks & Recreation Director Frates stated he strongly encouraged council to not limit the varieties of plantings in order that the park doesn't end up with only one type of planting. He suggested they investigate covering the trees in the fall instead. MOVION = Councilwoman Swarner MOVED that administration replace the trees or shrubs that require replacing because they are no longer • u • KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 24 growing or existing in the place where they were planted and the funds be taken out of the council funds. Swarner withdrew the motion. XOTIONt Councilwoman Swarner MOVED to have administration come up with a plan in regard to the plantings at the park and Councilman Smalley BECOND$D the motion. There were no objections. BO ORDERED. Swarner requested those owners of the damaged plantings be contacted and request a second choice of a planting (for replacement). She also suggested the Clerk advise persons wanting to purchase a plaque and planting of the problems with some plantings, etc. L $CUTIVB_BE88ION - None scheduled. Mayor No report. I-2. City Manager Dirt Bile - City Manager Ross reported he has received inquiries in regard to the removal of the sand stored by Foster Construction between the Spur Highway and Lawton Drive. He has contacted Foster Construction and they told him the material will be moved to either their pit or another project. They will seed the area after the soil is removed and it will be done this season. Proposed Land sale/Inlet Woods - Ross noted the ordinance determining the ten lots in Inlet Woods not needed for public use was introduced at Item H-3. He requested council call with comments or questions prior to the next meeting. If there is a common theme in their concerns, he would be better able to address them and offer an alternative to be included in the packet. KENAI CITY COUNCIL MEETING MINUTES • JUNE 4, 1997 PAGE 25 Conflict of =aterest - Ross noted he has reported to the City Engineer, Finance Director and Attorney Graves that may have a.conflict of interest in the upcoming ARFF project. He requested any concerns or discussions on the project be taken to the Attorney and Finance Director to handle as much as possible. Jerry Stook/Evergreen Lots - Ross referred to Mr. Stock's earlier discussion in which he mentioned he had made an offer on some city lots on Evergreen. Ross added, council had directed administration to put signs on the Evergreen property and state, "for sale at $11,000." Stock's offerlwas below the $110000. Ross stated, unless council directed him otherwise, he would have a resolution in the next packet for council's consideration to sell the lots to Stock at a negotiated price, probably below the $11,000, in hopes to get the property developed. An alternative would be to have appraisals done and see if Stock is still interested. Special Use Permit - Ross reported a special use permit was • requested by Snug Harbor Seafoods for boat storage at the boat harbor. The proposal will be reviewed by the Harbor Commission on June 9 and a copy of the permit has been sent to HLM to determine whether such use is allowable (the dock property patent prohibits the property to be used for anything but a small boat landing facility). No response has been received from SLM at this time. I-3. Attorney Attorney Graves reported he would be out-of-state on personal leave for a week, beginning Friday. I-4. City Clerk - No report. I-S. Finance Director Banking RFP - Finance Director Semmens noted, included with the council's packet was a copy of the RFP for banking service which they requested to review prior to the RFP being distributed. Semmens requested council to review the RFP and contact him with questions or comments. He hoped to begin distributing the RFP on June 12. Kenai Peninsula Coalition Nesting - Semmens reported he attended the morning meeting of the Coalition on Wednesday at which they discussed the personal property tax. He added, he didn't expect any changes to be made. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 26 I-6. Public Works Director Mission Street Public Hearing Kornelis reported a project hearing 6:00 p.m. in the council chambers. favorable to receive federal fundin paving of Alaska Avenue. g Public Works Director would be held on June He added, it appeared for lighting, but not 16 at for Forest Drive Neighborhood Workshop - Kornelis reported a workshop would be held in regard to the Forest Drive upgrade on Wednesday, June 18 from 6:00 - 7:00 p.m., immediately before the Planning & Zoning Commission meeting. The DOT representative would also be available for comments and questions on Thursday morning at city all. Animal shelter -Kornelis reported the plans and specifications for the animal shelter would be available on June 9. The bid opening was scheduled for June 10. • Councilman Smalley asked about four feet back from the curb o Kornelis explained HEA would be underground service lines. I-7. Airport Manager • the survey stakes placed about n both sides of Stellar Drive. doing an upgrade of their Airport Manager Ernst reminded council of the public hearing on the Airport Master Plan scheduled to take place during the June 12 Airport Commission meeting. Ernst then passed out copies of the Plan to the council and requested they review the document and attend the public hearing if they had any questions, etc. J-1. Citizens None. J-2 . council Swarner - a. Swarner reported the National Advisory Board of Rural Health would be meeting on Monday, June 9, from 10-12 in the Assembly Chamber at the Borough Building. She plans to attend. b. Swarner stated her concern that people were using alcohol in city parks and requested signs be placed noting the KENAI CITY COUNCIL MEETING MINUTES JUKE 4, 1997 PAGE 27 use of alcohol in city parks was prohibited. Councilman Smalley agreed and Mayor Williams requested aftinistration to investigate a plan. c. Swarner reported she received a comment from a citizen in regard to color in the city water. Kornelis answered, there was only one transmission line from the wellhouse to town so there have been pressure problems. Also, there has been some color because of using Wellhouse No. 2, The Thompson Park area would receive more color because of their proximity to the wellhouse. Kornelis added, because of the dry weather, lots of water was being used. Water was being used from Wellhouses 3 and 2. Kornelis reported, Wellhouse No. 1 was down due to problems because of the wells age. The well will have to be redeveloped. It has better water and color and when its back on line, water pressure will be better. Measles - No report. • Bannock - No report. Smalley - Reported he would be out-of-state during the month of July. He also noted there may be another request for a handicapped -accessible project coming before council. This project would be at the lookout above the STP where a concrete slab could be placed for a viewing area for the handicapped. Williams - Spruoe Street Turnaround - Reported he took his car down to the end of Spruce Street and turned it around with - some difficulty. He asked when it would be enlarged. Kornelis answered, he was requested to place a sign noting the area was not large enough for turning around RVs and other large vehicles. The environmental agencies would have to be contacted to see if they felt there would be environmental problems in enlarging the turnaround. Resolution Request - Williams referred to a memorandum, letter and resolution included in the packet at I-1. The information referred to a request from Mark A. Ames of Fairbanks, AK to draft a resolution to '$reaffirm the Alaska Statehood Act and its Section 28,(A)(1) 90% Provisions for Alaska regarding oil royalties-" Williams asked if council wanted the resolution brought forward for consideration. After'a brief discussion, council directed to have the resolution prepared for the next packet. KENAI CITY COUNCIL MEETING MINUTES JUNE 41 1997 PAGE 28 , A similar resolution is to be prepared for the AML Board of Directors meeting in August, as well as the AML Conference in the November. Councilman Bannock suggested when resolutions are requested from outside groups, an effort should be made to represent both sides of the issue. AML Hoard of Directors Meeting - Smalley stated he spoke with AML in regard to the upcoming meeting and suggested they talk with Clerk Freas about arrangements. Freas stated a representative called and asked for hotel/motel information. She prepared a list of hotel/motels in Kenai and suggested, for a listing of bed and breakfasts, they contact the KVCC. Williams reported he spoke with KVCC and they will aid in the preparations for the meeting. XTALRI,'AD.TO M MB1i1T The meeting adjourned at approximately 10:52 p.m. Minutes transcribed and submitted bv: �' FMOVED by CC"'q :t"1 lm-lDzd_.�... PAIN Zit �;�x. 0