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HomeMy WebLinkAbout1997-06-18 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DUNE le, 1997 7s00 PeNo 10ENAI CITY COUNCIL CNMERB https //VMS Nonai. not/city 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. 8. micam aD PUSLIC_COMM(10 Minutes) . 1. Clarence Ladd - Main Street and Riverview Drive/Borricades. 2. steve Liberty and.Mary Ann Alfano - Application/ Conditional Use Permit/Coffee House at Lot 39A, 604 Peterson Way - Planning & Zoning Commission Discussion C. PUBLIC XMIRM I. Ordina3200 No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project. a. Action postponed from 6/4/97 meeting - discussion resumes (motion to approve and second remain active) . b. Consideration of ordinance. c. Consideration of Substitute Ordinance No. 1746-97, 2. 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. 3. ordinance NC. 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. 4. 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. a. Resolution returned to Administration for rewrite (6/4/97) - discussion resumes (motion to approve and second remain active). b. Consideration of resolution. c. Consideration of Bubstitute Resolution No, 97-33. 5. Resolution No. 97-37 - Approving the Sale of Lots Six and Seven, Block One, and Lots one and Two, Block Two, Evergreen Subdivision, Kim Addition, to New Castle Builders for $9,500.00 (Cash) for Each Lot. 6. Resolution No. 97-38 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. for $.980/Gal. for Furnishing and Dispensing Unleaded Gasoline At Their Service Station Located at the Corner of Airport Way and Willow Street. 7. Resolution No. 97-39 - Awarding a Secretarial Contract for Recording and Transcribing Minutes of Municipal Commission/Committee Meetings in the Amount of $20.00 Per Hour for the Period July 1, 1997 Through June 30, 1998 to Barbara L. Roper, D/B/A Flying Fingers Secretarial Service. 8. Resolution No. 97-40 - Transferring $5,270 in the Congregate Housing Fund for Building Repair and Maintenance. 9. Resolution No. 97-41 - Authorizing the Partial Reconveyance of the City's Current Lien Position on Tract C, Radar Subdivision, Replat No. 1, Relating to the Kenai Peninsula Borough Economic Development District's Business Innovation Center. 10. Resolution No. 97-42 - Approving a Contract to Cook Inlet Construction, Inc. (CIC, Inc.) For the Project Entitled, 111997 Kenai Municipal Airport Taxiway "CU Extension" for the Total Amount of $1,318,597,50 Which Includes Basic Bids A and B, and Alternatives I Through III. 0 -2- 11. Resolution No. 97-43 - Awarding a Contract for Professional Construction Services to Wince-Corthell- Bryson for the project Entitled, "Taxiway "C" Extension North" for the Total Amount of $195,815.00. 12. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90-10 Provisions Regarding Oil Royalties, D. COLIC=BBION/,C_ O` !1TE1 REVORTB 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 S. K 1. *Regular Meeting of June 4, 1997. F. CORR SPONDBM a. OLD BUBINE88 • i. Bills to be Paid, Bills to be Ratified 2. Purchase orders Exceeding $2,500 3. *Ordinance No. 1751-97 - increasing Estimated Revenues and Appropriations by $645,700 in the Animal Shelter Capital Project Fund for Construction of the Animal Control Shelter. 4. *Ordinance No. 1752-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) and Its Footnotes With the New Land Use Table and Footnotes (See Exhibit "A" Attached). -3- 5. Approval - Special Use Permit/Snug Harbor Seafood. 6. Approval - Memorandum of Agreement/Mission Street Improvements - Department of Transportation. RY OTIVE 8ROBION - None Scheduled. �. AMINISTRIATION REPORT8 J. • a. • 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council -4- 2 • C, KENAI CITY COUNCIL - REGULAR XZXVINa JUNE 1So 1997 7900 P*No KENAI CITY COUNCIL CBANDERS httpt//VW0Kenai anot/city Mayor John J. Williams, Presiding Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Bannock, Smalley, Williams, Bookey, Swarner, Moore and Measles. 01 A-S. Mayor Williams requested the following changes to the agenda: ADD TO: 8-2, 6/17/97 letter from.Kathy Tomrdle supporting Alfano/Liberty conditional use permit request. REMOVBt C-12, Resolution No. 97-44 - Remove for amendment and placement on July 20 1997 agenda. NOTIONt Councilman Smalley MOVED -for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDBRLD. A-$* Mayor Williams reported he had no changes to the consent agenda. MOTION t Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections, 00 ORDBRBD. 8-1, Clarence Ladd - Main Street and Riverview Drive/Barricades. KENAI CITY COUNCIL JUNE 18, 1997 PAGE 2 MEETING MINUTES Mr. Ladd stated he was concerned the barricades at Main Street and Riverview Drive were deterring people who reside along the street from accessing their property. Also, he believes Main Street is a public road and as such, people should be able to access it and park there. He suggested the barricades be moved forward approximately one car length. He was also concerned the on -street parking along those streets was a danger as there were many times the parking of vehicles on both sides of the street congested access to the street. He was concerned emergency vehicles would not be able to access properties when needed. Ladd also stated his concern hat Cook Avenue to Mission Street is also often congested with vehicles parked on both sides of the street. The businesses along those streets don't offer enough off-street parking. Again, he was concerned there was not available access for emergency vehicles. • Public Works Director Kornelis stated he went to the area, after Ladd's last visit to council, and noted people were parking in front of the barricades, which cut off access of the residents to their properties. He spoke with Lt. Kohler (KPD) and they placed "no parking" signs on the barricades. If people continue parking there, they may be cited. Kornelis added, he could have the barricades moved forward, but the Church may complain. City Manager Ross stated he brought the subject to the Fire and Police chiefs during a staff meeting. They will be reviewing the matter as a safety matter and will report back to him. He added, council and public know why the barricades are there. Councilwoman Swarner requested the chiefs also take action to have the basketball hoop that is on this and other city streets removed. Swarner asked if enough parking was offered from businesses along Mission Street and Old Towne Village. Ross answered, on -street parking has been used for some time. If people have to park only where there is off-street parking, they would have a far distance to walk to areas of interest. Councilman Smalley suggested the chiefs should comment on the safety of on -street parking on that street. If there is a problem, he suggested parking only be allowed on one side of the street. isMayor Williams noted administration would review the matter and take appropriate action. KENAI CITY COUNCIL JUNE 18, 1997 PAGE 3 MEETING MINUTES 2-2. Steve Liberty and Mary Ann Allan - Application/ Conditional Use Permit/Coffee House at Lot 39A, 604 Peterson Way - Planning & Zoning Commission Discussion. It was noted, Alfano and Liberty were not present. It was also noted, the Planning & Zoning Commission referred the matter to the Historic District Board for comments. The Board, during its Monday meeting, recommended approval (with stipulations) and referred it back to the Planning & Zoning Commission. The matter will be discussed again at the June 25 P&Z meeting. Ross noted, he met with Alfano and Liberty and they requested to be placed on the agenda. They also stated, they may or may not attend. Mayor Williams stated the matter would be discussed during the Planning & Zoning Commission meeting report at Item D-6. 0 Y. 0 J. T. 1 1 i C-1. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project. C-1a. Action postponed from 6/4/97 meeting - discussion resumes (motion to approve and second remain active). C-1b. Consideration of ordinance. MOTIONS Councilman Measles MOVED to adopt Ordinance No. 1746-97 and Councilman Smalley SECONDED the motion. �C-10. Consideration of Substitute Ordinance No. 1746-97. MOTIONS . Councilman Measles MOVED to amend Ordinance no. 1746-97 by replacing it with Substitute Ordinance No. 1746-97. Councilwoman Swarner SECONDED the motion. City Manager Ross explained the original ordinance was based on the engineer's projections. The substitute ordinance is based on the actual bids received. There was a substantial savings after the bid. KENAI CITY COUNCIL JONE 181 1997 PAGE 4 NOTION s MEETING MINUTES Councilman Measles MOVED to amend the-secondwhereas of the substitute ordinance by removing "will be" and replace it with "were'$ (then reading, "...bids for the project were opened May 29, 1997). Councilman Smalley BNCONDND the motion. VOTE ON i Councilman Measles requested objections. 60 ORDERED. VOTE ON MAIN AMENDED MOTIONt Bannock: Yes Smalley: Yes Bookey: Yes Swarner: Yes Measles: Yes CONGENT. There were no Williams: Yes Moore: Yes MOTION PROBED =RNIMOUBLY. • • C-2. Ordivaaoo 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. MOTION t Councilman Smalley MOVED for adoption of Ordinance No. 1747-97 and Councilman Bookey SECONDED the motion. - There were no public comments. Swarner asked if the sale would be by sealed bid or out -cry auction. Ross answered sealed. Swarner noted it was not obvious in the paperwork that it would be a sealed bid and requested it be stated so not to confuse potential bidders. Ross noted in the paperwork where it stated it would be a sealed bid and added, the advertisement would also note it will be a sealed bid. Williams stated he was concerned a sale could be made on a deed of trust with payments to be made. He would rather eliminate anything having to do with taking a note as the city has had problems with collecting in the past. He felt it would be safer and more prudent for the city if they were sold as "cash only.'$ The city can always refuse all bids. He would prefer not taking long-term payments and take the chance the properties may be • foreclosed upon again. • RBNAI CITY COUNCIL MEETING MINUTES JUNB 181 1999 PAGE 'S F-1 • • Councilman Bookey stated he had the same concerns, but then remembered airport lands are sold in the same manner and the city has had few problems with those sales. Councilman Smalley asked if the terms of this sale would be consistent with the manner in which the city has always conducted Bales. Ross answered yes. There would be a 15% down required (which will allow the city to pay owed taxes on the property) and interest of ten percent on the notes. He added, he would be comfortable allowing the purchases on deeds of trust. VOTES Bannock: Yes Smalley: Yes Williams: No Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes MOTION PASSED., C-3. Ordinance 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. NOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1750-97 and Councilman Bookey BECONDED the motion. There were no public or council comments. Ross requested action on the ordinance be postponed until the-July-2 meeting. MOTION: Councilman Measles MOVED to postpone action on Ordinance No. 1750-97 until the July 2, 1997 council meeting. Councilman Smalley 88CONDED the motion. There were no objections. SO ORDERED. C-4. 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. 0-4a. Resolution returned to Administration for rewrite (6/4/97) - discussion resumes (motion to approve and second remain active). KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 6 C-4b. Consideration of resolution. MOTtON3 Councilman Smalley MOVED for adoption of Resolution No. 97-33 and Councilman Bookey SECONDED the motion. There were no public or council comments. C-4o. Consideration of substitute Resolution No. 97-330 MOTION TO AMEND t Councilman Smalley MOVED to substitute Resolution No. 97-33, Item C-4a with Item C-5c. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. Councilman Bannock stated he felt the second whereas almost flip- flopped the city's position. He added, he felt it would mirror the original resolution. MOTIONI Councilman Bannock MOVED to amend Resolution No. 97-33 by deleting the second whereas of the resolution. Councilman Measles SECONDED the motion (for discussion purposes). Bannock explained, he felt the resolution was supporting the State's building poorly constructed -bike paths, -which is what he thought Resolution No. 96-1 did as well. Smalley stated, he thought council's requesting a rewrite of the resolution was to remove the word "maintenance" and define ,what the city felt was their maintenance responsibility. He added, he believed the State was able to build good bike paths and was not looking at this resolution to tell the state to build bad bike paths. The resolution was stating only what the city will do as seasonal work. Swarner and Bookey asked if the resolution was also referring to the Forest Drive bike path. Ross answered, the resolution authorized the city manager to use personnel to sweep, but did not state all bike paths. He added, the resolution did not commit the city to take the full responsibility for maintenance of the paths but only authorized the city manager to decide whether or not the path needs to be swept. • ICENAI CITY COUNCIL MEETING MINUTES JUNB 18, 1997 PAGE 7 • Bookey suggested the resolution clarify the only path to be swept was the one along Kenai Spur Highway. Measles agreed, saying the people of Woodland may use the resolution as leverage for -the - city to clean up the path along Forest Drive. it was noted that when Forest Drive is improved and a new bike path is placed (as planned), and if it is done to the city's specifications, the city would be taking on the responsibility of the Forest Drive bike path. Discussion on Bannock motion resumed. Smalley stated, removing the second whereas had nothing to do with the bike path. The resolution was speaking to maintenance of the path. Williams noted he was not comfortable with voting on the resolution because it referred to Resolution No. 96-1 and he did not remember what that resolution stated. Kornelis referred to Resolution No. 96-1. He noted that resolution stated "...that it is in the best interest of the Department of Transportation to provide safe and expedient flow of not only vehicles, but bicycles and pedestrians at a reasonable cost to the public." He added, the resolution didn't say anything about the city's responsibility to take over maintenance of the path. Bannock stated he felt bike paths didn't fit into the resolution and that he was against spending too much money on poorly built bike paths. Bookey asked if Resolution No. 96-1 discussed the Unity Trail. Ross suggested, if _council agreed with Bannock's motion to remove the second whereas, the first whereas should be amended by removing "has previously stated in Resolution No. 96-1 that" and add "believes," to read, "...the City of Kenai believes it is in the best interest..." Bannock accepted the suggestion as a friendly Ameudmgnt. Bannock reminded council what his motion now included: (1) delete "has previously stated in Resolution No. 96-1 that"; and, (2) remove the second whereas. VOTE ON t Bannock: Yes Bookey: Yes Measles: Yes X0TI0N PA89E0. Smalley: No Swarner: No Williams: No Moore: Yes • C� KENAI CITY COUNCIL MEETING MINUTES JUNE 181 1997 PAGE 8 NOTION TO AMEND Councilman Measles MOVED to add "along the Kenai Spur Highway" at the end of the title sentence and in the "Be it resolved" paragraph between the words "paths" and "during" (to read, ...from the pedestrian and bike paths along the Kenai Spur Highway during the period...) Councilman Bannock SECONDED the motion. There were no objections to the motion to amend. 80 ORDERED. VOTE ON MAIN AMENDED NOTIONS There were no objections. 80 ORDERED. C-5. Resolution No. 97-37 - Approving the Sale of Lots Six and Seven, Block One, and Lots One and Two, Block Two, Evergreen Subdivision, Kim Addition, to New Castle Builders for $9,500.00 (Cash) for Each Lot. NOTION& Councilman Bookey MOVED for adoption of Resolution No. 97-37 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE= There were no objections. 60 ORDERED. C-6. Resolution No. 97-38 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. for $.980/Gal. for Furnishing and Dispensing Unleaded Gasoline At Their Service Station Located at the Corner of Airport Way and Willow Street, NOTION: Councilman Smalley ROVED for adoption of Resolution No. 97-39 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE& There were no objections. 80 ORDERED. • RENAI CITY COUNCIL MEETING MINUT88 JUKE 181 1997 PAGE 9 C-7. Resolution No. 97-3.9 - Awarding a Secretarial Contract for Recording and Transcribing Minutes of Municipal Commission/Committee Meetings in the -Amount of-$20.00 Per Hour for the Period July 1, 1997 Through June 30, 1998 to Barbara L. Roper, D/B/A Flying Fingers Secretarial Service. XOTION s Councilman Smalley MOVED for adoption of Resolution No. 97-39 and requested 'UNANIMOUS CONSENT. Councilman Moore 8ECONDED the motion. There were no public or council comments. VOT8 8 There were no objections. 80 ORDERED, C-s. Resolution No. 97-40 - Transferring $5,270 in the Congregate Housing Fund for Building Repair and Maintenance. NOTION: Councilwoman Swarner MOVED for approval of Resolution No. 97-40 and requested UNANIMOUS CONSENT, Councilman Bookey SECONDED the motion. There were no public or council comments. VOT8s There were no objections. 80 ORDERED. 0-90 Resolution No. 97-41 - Authorizing the Partial Reconveyance of the City's Current Lien Position on Tract C. Radar Subdivision, Replat No. 1, Relating to the Kenai Peninsula Borough Economic Development District's Business Innovation Center. MOTtONs Councilman Smalley MOVED for adoption of Resolution No. 97-41 and Councilman Bookey SECONDED the motion. • • AENAI CITY COUNCIL MELTING MINUTES JI1NE 18, 1997 PAGE 10 • Swarner referred to discussion in the.P&Z Commission minutes about landscaping. Smalley responded, the plat was approved based on the proposed landscaping plan. eberry Biggs - Economic Development District. Biggs stated Architect Bill Kluge was requested to process the required paperwork through the Planning & Zoning Commission. It was her understanding the commission passed the resolution. Swarner questioned the approval of the landscaping plan even though there was no placement of flowers noted in the plan. Smalley responded, the Code does not state a landscaping plan had to include flowers. He added, if Councilwoman Swarner felt the Code should be changed, council could consider it. However, the landscaping plan for the EDD building was in compliance with the Code. VOTBI There were no objections. 00 ORDERED. C-10. Resolution No. 97-42 - Approving a Contract to Cook Inlet Construction, Inc. (CIC, Inc.) For the Project Entitled, "1997 Kenai Municipal Airport Taxiway "C" Extension" for the Total Amount of $1,318,597.50 Which Includes Basic Bids A and B. and Alternatives I Through III. NOTION$ Councilman Bookey MOVED for approval of Resolution No. 97-42 and Councilwoman Swarner sECONDED the motion. There were no public comments. City Manager Ross. explained, administration was recommending council award the bid to the low bidder, Cook Inlet Construction (CIC). The irregularity that was contested was the matter of a form which was to be submitted and was essentially a promise to file a DBE form within 15 days. He added, the city attorney rendered an opinion that it fit within the minor technical irregularlity, and didn't have anything to do with the low base price of the bid and didn't allow for any bid manipulation. Ross added, they recommended council award the bid to the lowest responsible bidder, Cook Inlet Construction. • • KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 11 Bookey stated he read the attorney's opinion and asked Attorney Graves if he still concurred with his findings. Graves answered yes. Mayor Williams directed a question to Public Works Department who had handled the bid process, and asked if they were comfortable with the low bid of $1,318,000 as being responsive or did they see any technical difficulties on the horizon for this contract. Also, had there been any mention from the contractor of any concerns. Ross answered, nothing had been received and noted the consulting engineer, Phil Bryson, was in the audience. Williams asked Bryson if all was in order. Bryson answered, there were no significant deviations from the bid prices. The contractor didn't say he had any problems. He added, the low bid was close to the second low bidder. Bannock stated he had hoped there would be some objection. He added, this was something the city had been battling with for quite some time and had to do with an irregularity situation. He added, he wouldn't support (the resolution) and couldn't believe anyone else would support it when there was such a double standard. Bannock stated he appreciated Graves' memorandum, but when a requirement is indicated and in the next paragraph, the city puts itself in a position to waive a requirement, he questioned why the requirement was there in the first place. Knowing what the DBE declaration was for, he didn't think the city should consider awarding the contract knowing that the city told the bidders they had to have it. To go back after the fact was sending a clear signal that the city was not interested in - following instructions, but only cash amounts. Ross stated, the council had the attorney's opinion which was based on a Alaska Supreme Court decision. That opinion states that the greater liability would be to throw out a responsible bid with a minor technicality that had nothing to do with bid amounts. Ross continued, based on Bannock's comments and prior to those comments, there was direction to Public Works that the bid documents were to be revised to come into accordance with the opinion. The errors of the past were the past and he hoped there wouldn't be errors of this nature in the future.. He added, upon review, "...shall be considered non -responsive.."." may be changed if it is not viable legal language. And, in the future, the language may indicate "may lead to that decision." Bannock noted, unfortunately, the city didn't take that position when this the bid was let. • KENAI CITY COUNCIL MEETING MINUTES JUNE 181 1997 PAGE 12 • • Williams questioned the fourth paragraph of Graves' opinion where it referred to "...paragraph 'q' on Page B-11..." He asked where "paragraph q" was and was told the paragraph appeared in the bid document. Williams stated, then it states specifically in the bid document "...that at the city's discretion any informalities and irregularities may be waived..." Williams also noted, in the bottom paragraph (of the attorneys opinion) it stated, "under state law, in order for a bid to be rejected there must be a material variance..." Williams added, he didn't think the lacking DBE form didn't constitute a material variance from the intended contract. Williams added, he appreciated Graves' research as he felt it cleared up the city's situation. VOTES Bannock: No Bookey: Yes Measles: Yes LOTION PA80ED. Smalley: Yes Swarner: Yes Williams: Yes Moore: Yes C-11. Resolution No. 97-43 - Awarding a Contract for Professional Construction Services to Wince-Corthell- Bryson for the project Entitled, "Taxiway "C" Extension North" for the Total Amount of $195,815.00. NOTIONS Councilman Smalley -MOVED for adoption of -Resolution No. 97-43-and Councilwoman Swarner BECONDED the motion. There were public or council comments. VOTE: There were no objections. 80 ORDERED. C-12. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90-10 Provisions Regarding Oil Royalties. Removed from agenda. To be brought forward at July 1, 1997 council meeting. BREAK TAKEN 8 7155 P.M. SACK TO ORDER: 0:06 P.M. • KSNAI CITY COUNCIL MEETING MINUTES JUNB 181 1997 PAGE 13 r� C-1. Council on Aginq Councilwoman swarner reported the unapproved minutes of the. June 100, 1997 meeting were included in the packet. D-29 Airport commission Councilman Measles reported the unapproved minutes of the June 12, 1997 meeting were included in the packet. Most of the meeting discussion was.in regard to the Airport Master Plan. Airport Manager Ersnt added; the comment period would be open for 30 days and then the Plan would come back to the Commission for final review. The Commission will also review and consider comments made and decide whether to include them into the Plan. A second public hearing would be held at that time. Bannock referred to Page 4-25 in which the Plan discussed deleting parking from the "east" side of the terminal parking lot. Ernst explained, it would eliminate curb -side parking for taxi cabs. Williams noted the minutes stated, they planned to move the end of the runway 200 feet south. Ernst explained the threshold would be moved 200 ft. to the north which would add overall 'length, making the total length 8,000 ft. Planes will be taking off 200 ft. closer to the terminal. Measles added, the addition was being made because the runway was too close to the cemetery now. When the runway is extended, the south end of it will be moved north 200 ft, which would the proper distance from the cemetery. D-3. Harbor commission Councilman Bookey reported the minutes of the June 9 meeting were included in the packet. Councilwoman Swarner asked if fees were being collected at the dock. Kornelis answered yes. some users were paying the $7.00, but they were also receiving notes in envelopes as well as incorrect amounts. They have been able to identify who those users are and have had some success in collecting past owed amounts when they return to use the dock. Library commission Councilman Moore reported the minutes of the June 3, 1997 meeting were included in the packet. He reminded council, the Commission would not be meeting in July. Their next meeting would be held MR LJ KENAI CITY COUNCIL JUNE 181 1997 PAGE 14 MEETING MINUTES on August 4. He also noted a "Needs Assessment$# memorandum the packet in regard to the library. in D-5. Parka i Recreation Commieaion Councilman Bannock reported he was unable to attend the 1 meeting, however the minutes of the June 5 meeting were included in the packet. Bannock reported the batting cage was operating and referred to information in the g operating accessible project at the Municipal Park. about the handicapped Parks & Recreation accessible project He viewed the site Kenaitze Tribe and meeting wi1l be to site. They hope to Director Frates stated the handicapped at the Municipal Park was a sensitive issue. s and will be meeting with members of the others on Tuesday. functioinvestigate signage toeincorporate of the be continuing with the e into the project by next week. man Smalley reported he had received several calls about the aesthetics of the city, i.e. added, he was concerned council was we care, flowers, etc. He the Parks & Recreation Department and xtheyiaremthreend more from short. He asked that administration allow hire of additional People when the work load reflects it is needed. Tonal Williams reported he had received indication from a local that they will volunteer 150 hours of community service t group city and devote it to the Parks to the organizations could be approached program. He suggested other even when there are volunteersdoingworkp. Sfor tarner noted -that from the eiity has to be there to direct the work he city# someone being done. Williams noted the matter would be left to administrat ion. Director Frates reported he had identified five dead trees Memorial Park and had contacted four of the plantinthe ue in purchasers by phone to ask if they would object to cit replacing the planting. He has written to the remainin y Purchaser. He has received g City replace all five of thentreeseforoastotal recommended the 1 of $800. MOTION t Councilman Smalley MOVED for the city to purchase the re . plantings and Councilwoman Swa placement rner SECONDED the motion. KENAI CITY COUNCIL JUNE 18, 1997 PAGE 15 MEETING MINUTES Bookey was concerned about the total cost. Frates explained, the cost included the purchase of the plantings, placement of them and a one-year guarantee on the plantings. Swarner identified two plantings, one by the Veterans Memorial and one by the gazebo that she believed needed replacing. Ross noted the funds for the purchase would come from the Parks budget. VOTE: There were no objections. 80 ORDERED, D-6. Planning i Zoning Commission Councilman Smalley reported the minutes of the June 11, 1997 Commission meeting were included in the packet. He reviewed actions taken by the Commission. Smalley reported 6A (Conditional Use Permit Application/Coffee House) was postponed in order for the matter to go to the Historic District Board (HDB) for review. He added, Ms. Gray, representing the Russian Orthodox Church, handed out a document at the meeting which stated their reasons for objections. In the Commission discussions, they didn't seem to be in objection to the development. Many verbally supported the application and thought it would be a nice addition to the area, but felt it should have been reviewed by the HDB. However, the Code states if a project doesn't require a building permit and is a conditional use permit, it doesn't have to go to the Board for review. The Commission forwarded it to the Board for review in their advisory capacity. Smalley, added, the Board met on Monday, however, he did not know what their recommendation was. The matter would be before the Commission again at their next meeting. Smalley continued, the applicants were going to come before council to explain their side of the matter and what they perceived taking place. However, council wouldn't have been able to take any action. Smalley noted, there were letters submitted both supporting and objecting to the application. Smalley continued, saying he spoke to the Commission and told them he felt the code was very clear and who had what authority* other matters the Commission considered were a variance permit in Woodland Subdivision (passed); a resolution recommending M amendments to the Land Use Table (passed); Home Occupation. Permit (passed, based on parking issues which were discussed); and the L • C� KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 16 landscape site plan for the EDD addition (approved). Smalley added, the Commission discussed what was landscaping and found the Code to be clear: If a plan meets the Code, it should be approved. If there is dissatisfaction with the Code definition/requirements, a change needs to be made. D-7. Miscellaneous Commissions and Committees D-7a, Beautification Committee Councilwoman Swarner reported the unapproved minutes were included in the packet. Beautification awards were discussed and the judging will be done the end of July. Swarner suggested that if council or others are aware of nicely landscaped private or business yards, to please contact the Parks Department. Williams reported he had been approached by Frank Hicks from a local church who will be donating 150 hours of community service in July. The group will be helping with the beautification of the city. D-7b. Historic District Board Councilman Moore reported the Board met on Monday night. The coffee house applicants were present and presented their case. After a brief discussion, the Board agreed to recommend to the Commission the permit be approved with a stipulation the business be closed from 6:00 p.m. Saturdays until noon on Sundays. D-70. Challenger Board Councilman Bannock reported the Board met in their new office with the new project coordinator. Bannock presented the Board - approved logo for the Center. Bannock added, the Board also discussed the Fourth of July plans and reported the Center's 501- 3(c) papers were being processed. D-7d. Kenai Visitors i Convention Bureau Board Councilman Bookey reported the next meeting was scheduled for June 23 at 8:00 a.m. D-7e. Alaska Municipal League Report No report. • $SNAI CITY COUNCIL METING MINUTBS DUNE 181 1997 PAGE 17 E-I*-Regalar Meeting of June 4, 1997. Approved by consent agenda. None. None. ITEM 8 s = SVAINE88 8-1. Silis,to be paid, Sills to be Ratified NOTION: Councilman Smalley MOVED to pay -the bills and Councilman eookey BECONDED the notion. There were no objections. 80 ORDERED. 8-2. Purchase orders Exceeding $2,500 NOTIONS Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Swarner BECONDED the motion. There were no objections. So ORDERED. 8-3. Ordinance No. 1751-97 - Increasing Estimated Revenues and Appropriations by $645,700 in the Animal Shelter Capital Project Fund for Construction of the Animal Control Shelter. Introduced by consent agenda. 8-4. Ordinaft0e No. 1752-97 - Replacing the Current Kenai Municipal Code'Land Use.Table (KMC 14.20) and Its Footnotes With the New Land Use Table and Footnotes (See Exhibit "A" Attached). KENAI CITY COUNCIL MEETING MINUTES JUKE 18, 1997 PAGE 18 Introduced by consent agenda. Approval - Special Use Permit/Snug Harbor Seafoods. NOTION: Councilman Bookey MOVED for approval of the Special Use Permit to Snug Harbor Seafoods. Councilman Smalley BBCONDED the motion. Ross referred to the memorandum on the back of the information and requested council to disregard it as after the memorandum was reviewed by the Harbor Commission and with their input, the monthly and annual fee were raised, as well as the renewal date. The changes reflected the desires of the Commission and in accordance with the lessee. Ross continued, the rate first suggested was low. The present rate was based on other lease fees of $.74/sf and when including the BLM filing fees, it brought the rate to $.87/sf. The rate the Harbor Commission set was $1.74 sf., or $3,000 a year which • values the property at $77,000 an acre. Ross noted, this would also be the value to be used in the future for other areas at dock. Ross added, the lessee was amenable to the lease price. Bookey stated the Commission, and he personally, had major concerns with the original rate of $125/month for improved property with access to the River. He thought the new rate was more realistic and the Harbor Commission agreed. He added, Paul Dale -(the lessee) had no -objections to the new rate. Ross added, they have every reason to believe BLM will approve the lease of the property (which is required) based on conversations with their representatives. VOTE: There were no objections. 80 ORDERED. E-6, Approval - Memorandum of Agreement/Mission Street Improvements - Department of Transportation. Public Works Director Kornelis reported he received written information from the state that the cost for the project would be: Mission Street water/sewer, city portion (estimated) $ 79,009.64 • KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 19 Alaska Avenue paving (all city's cost) State share of water/sewer project Estimated total water/sewer project cost 7.000.00 $ 86,009.64 $ 75,858.00 $154,868.00 Kornelis added, the state -estimated cost would be based on the contractor's bid prices. They estimated the total project cost at $366,881. He added, the federal government would be paying for the lighting and fixtures. The Historic District Board reviewed the types available which were recommended to him as appropriate for the area. The Board chose a fixture that looks much like the dome of the Russian Church. Councilman Measles asked if the price included the Kornelis answered, no. The city already paid for costs. The costs he stated did, however, include construction and administration costs as DOT woul contractor directly. MOTION s d design costs. the design the pay the Councilman Smalley M0Y8D for approval of the Mission Street Improvements - Memorandum of Agreement with the Department of Transportation and the City of Kenai. Councilwoman Swarner BSCOHDBD the motion. Bookey asked if this would be a State project and Kornelis answered yes. Kornelis added, the City would watch the progress of the project closely. He added, at the public meeting he told DOT to contact him to contact him with comments and concerns* Smalley stated, he had been asked about parking for the proposed coffee house. Kornelis explained, there would be no parking adjacent to the coffee shop, however, there would be nine spaces and two handicap spaces across the street in front of the Church. Those spaces would be paved by the city with curb, gutter and sidewalk and would be public parking as they are in the public right of way. Smalley stated he understood the property between the asphalt and the coffee shop was church property and in•order to get to the coffee shop, one must trespass on church property. Kornelis answered yes. Williams added, the city got an easement from the • • KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 20 church to be able to pave the street. The easement runs through the church property. Bookey observed, the coffee shop property was landlocked and it was a major project, but the problem hadn't been rectified. He asked, if the city would not be in control of the project and there were cost overruns, would those cost overruns be the city's responsibility. Kornelis answered, the city's portion of the paving project was Alaska Avenue. The water/sewer project (from the fire hydrant to the day care in) was the State's project. If there were overruns on the lighting, it would be the State's responsibility as well as any overrun on excavation of the street, as they were part of the water/sewer portion of the project. If there were overruns, the State would have to get the city's approval on them. Kornelis added, there were other landlocked properties by the cemetery. Bookey noted, they would not be involved in this matter. He added, he didn't know if it is the city's place to get into that concern. Kornelis added, the project was to begin in September and completed in October. Placing topsoil and seeding will be completed in the next growing season. VOTE: There were no objections. 80 ORDERED. LXECUTXVE SEBOXON - None Scheduled. I-1. Mayor No report. 1-2. city Manager (a) Lawton Drive Green Strip - Ross reported he had received comments about changing the zoning of the buffer strip along Lawton Drive from conservation to commercial. He requested council think about such a change because at the July 2 meeting, during he manager's report, he would ask if council wanted administration to develop a proposal. He added, the area could be changed to commercial with a buffer of trees. KENAI CITY COUNCIL MEETING MINUTES JUNE 181 1997 PAGE 21 (b) Banking RFP - Ross reported the banking RFP went out on June 12. (c) Partial Deeas of Release - Ross reported Dave Brown has submitted a request for a Partial Deed of Release on property he purchased from the city (Dena'ina Point Estates). The matter will be reviewed by the Finance Director and Attorney and then brought to council the first meeting in August with their recommendations. (d) Sign Request - Ross reported he received a request for a visitors' facilities -type sign to be placed on either side of Main Street. The sign would indicate RV park locations, dumping facilities, etc. Ross requested council to consider whether they would want that type of signage in the right of way. The sign would be placed on state right-of-way and would be a state project. (e) Foreclosed Property - Ross reported, at council's request, administration had investigated whether the city had 40 available properties which had been foreclosed upon for more than ten years and had a value of less than $10,000. Ross reported there was no city property available with those requirements. =-3. attorney Attorney Graves reported he would be absent from the July 2 council meeting* 1-4, city clerk No report. I -So Finance Director No report. i-6. Public Works Director No report. t-7. Airport Manager KENAI CITY COUNCIL MEETING MINUTES • JUNE 18, 1997 PAGE 22 J-1. Citisens sconovsic Dovolopmont District - Aleja.DeVito thanked council for their action taken on Resolution No. 97-41 authorizing a partial reconveyance of the city's lien position on their property. She indicated council members would be receiving invitations to their groundbreaking festivities. DeVito reported their next board meeting would be held on June 26. Their revolving loan committee just approved two additional loans and were again out of money in that program due to its popularity. To date they helped 16 businesses on the Peninsula. DeVito added, EDD was continuing their search for a chief executive officer. J-2 . Council Hookey - Bookey asked if there would be something done to I* the elevation at the bottom of the new stairs on the bluff (Forest Drive to beach) or leave the wooden platform there. Kornelis answered, they would be adding some sand and gravel. garner - (a) Swarner stated she was concerned about the coffee house situation in regard to customer service. She asked, when a person goes to city hall to apply for a permit, were they given a printed list of requirements and a time frame in which the information needed to be returned to the city, or were they given verbal -direction from several people.- She added, this business could have already been opened for the tourist season and it sounded as though they had more hoops to step through than they expected. Rose answered, administration, requirements for the permit. all they would be required to could have confused them, but personnel* gave the applicants the Code it was anticipated that would be do. The influences that intervened they were not du® to city Swarner suggested some thought be given to permit processing during their goals and objectives discussions. Council should consider how those processes could be made easier in order to help small businesses begin.. Ross stated he concurred. He added, he had visited with the parties and they did not describe their contact with city hall as a hindrance in the matter. KENAI CITY COUNCIL MEETING MINUTES . JUNE 18, 1997 PAGE 23 • • (b) Tent Camping - Swarner asked if there had been much use of the tent camping area and if a larger sign would be placed. Parks & Recreation Director Frates answered, the usage has-been moderate and they have collected about $90. He added, a bigger sign would be placed in the near future. (c) Hood Bales - Swarner asked Police Chief Morris if the sale of cut wood in front of Key Bank was legal. Morris stated he would investigate the matter* (d) Non-Bermitted Signs - Swarner noted she had received a call from A constituent who wanted to know if they should contact the state in regard to non -permitted signs and goods which are placed on the state right-of-way in front of Alaska Ivory. Kornelis answered, if it was in the state right-of-way, they would need to contact the state. Kornelis stated he would. contact DOT and inform them of the matter. Moore - No report. Meaeles - No report. Bannock - Bannock referred to the discussion in regard to the coffee house application for a conditional use permit. He stated he read the minutes of the Planning & Zoning Commission meeting. He asked if the Clerk or council remembered discussions when the Historic District Board was formed. He remembered concerns, as did the Planning & Zoning Commission members, that having the Board would place another level of government -hoops to - be jumped through. He remembered that when a situation came up that would require a determination from the Historic District Board (HDB), if it fit into the calendar, it would go through the HDB, but it was not to be kicked back to them from P&Z. He asked if anyone else remembered that discussion. Bookey stated he remembered the same thing. He continued, it was not to become a deterent and slow business and projects down, but it was strictly an advisory program from the beginning. Bookey added, he had a real problem with the Board's meetings being held at 5:30 p.m. Bookey stated, he would have attended the meeting, but it was impossible for him to do it at that time of the day. He stated he would like to bring the Board's meetings back to 7:00 p.m. whether the members can make it at that time or not as the meeting time shouldn't be set to make it beneficial to the Board members. It is a public meeting and the time should be set to best meet the needs of the public. S KENAI CITY COUNCIL MEETING MINUTES JUNE 181 1997 PAGE 24 e • MOTIONs Councilman Bookey MOVED to set the Historic District Board's monthly meetings at 7:00 p.m. and Councilman Smalley SECONDED the motion. There were no objecitons. 80 ORDERED., Clerk Freas was requested to write to the Board members and inform them of the council's wishes for matters of public input to have the meeting time returned to 7:00 p.m. Bannock returned to the former discussion. He continued, in the TSH zone portion of the code, it refers to the "Planning Department." He asked who it was at city hall who would be the contact for the Planning Department. Attorney Graves answered, Marilyn Kebschull was who people were directed to initially and who begins the process. Graves continued, in this situation, the Conditional use Permit application was sent to Planning & Zoning. Kebschull did notify HDB as a matter of courtesy. The reason the matter was not sent to HDB was because of the reason they indicated, i.e. they did not feel it appropriate to delay the process unduly as council had made it a policy matter that matters be expedited as quickly as possible. That was why Kebschull handled the matter the way she did. She spoke with both he and City Manager Ross and it was a joint decision to handle it in that manner. Bannock stated that was exactly what he wanted to hear. He added, Councilman Smalley showed him a memorandum from Graves to the P&Z Commission in regard to that. Bannock continued, Planning & Zoning messed up and messed up bad because they didn't follow the rules. Because of that, there was now a screw -up that was requiring a back -and -forth action on the matter. He added, he tries not to pick on volunteer boards, but he felt this was a big error and he wanted to send a strong message to the Commission that this cannot happen again. Smalley - (a) Smalley reported he would not be attending the quly PZ meetings and Councilman Bannock would attend in his place. (b) Smalley noted there was a Bed & Breakfast sign leaning on the City of Kenai sign on the Kalifornsky Beach Road side of the Bridge Access Road. Ross stated, the State would be contacted as the property was not in the city, but was State right of way. KENAI CITY COUNCIL MEETING MINUTES JUNE 18, 1997 PAGE 25 He added, when the matter was called to his attention, they checked the maps and the property is just outside city limits. (c) Smalley requested minutes of Historic District Board meetings be included as information items in the Planning & Zoning Commission meeting packets. Williams - (a) Suggested an elevated platform be placed at the top of the steps at the end of Forest Drive due to the steps' nearness to a storm drain. He thought it might be less hazardous. Williams also noted he was surprised by the people who do not use the stairs, but instead walk up and down the bluff, perpetuating the erosion problem. Swarner suggested signs could be placed that state, "please use stairs." Swarner asked Chief Burnett why there was a "keep off grass" sign on the Fire Department lawn. Burnett answered, they had problems in the past with cannery workers setting up tents, etc. on the lawn. Swarner requested the sign be removed. (b) Williams noted the barabaras at the Municipal Park were at least 150 yards away from where the handicap -accessible trail would be placed. He added, the barabara at the Park was well- preserved and suggested a fence be placed around it to keep foot traffic off of it. He added, it should be prot&cted as teachers take field trips to the park for their young students to see and enjoy. An interpretative sign placement by the barabara was suggested as many people don't recognize what a barabara is. The meeting adjourned at approximately 9:10 p.m. Minutes transcribed and prepared by: • oAn