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HomeMy WebLinkAbout1997-12-17 Council Minutes. AG UNDA =MAI CITY COUNCIL - RWU"R KMINO D RMB R M 1997 7:00 P.M. IMNAI CITY COUNCIL CHUMERS httpt//www.Keaal.aet/city A. ORD rt I • Pledge of Allegiance 2• Roll Can 3• Agenda Approval 4• Consent Agenda *All items listed with an asterisk non -controversial by the Council and � considered to be routine and There will be no separate discussion of these approved unless a Coone uncil Member so requests, in which case the item will be removed from th Consent Agenda and considered in its normal sequence on the e e as Part of the Oeneral Orders. nda B. ►D SIC COMMn�er�r (10 Minutes) 1 • Michele Brown - The Nature Conservancy/Kenai River Water Plan Monitoring C. PUBLIC rem 1 • Ordiaauce No. 1766-97 - FuIncreasing Estimate d Revenues and Purchase Additional Appropriations by $9,000 in the Boating Facility Enterprise Fund to el. 2• Resolution No. 97-83 - Amendin Morrison- Engineering/Design Contracts onghe ARFF, Maierle, Inc. 3. Resolution No. 97.84 Transferring $1,400 in the Animal Shelter Capital Project Fund. ter 4• *1998-99 Liquor License Renewal _ Kenai Golf C Restaurant/Eating Place. curse Cafe - 1 • Council on aging 2. Airport Commission -1- 3. Harbor Commission 4. Library Commission S. 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'... League Report 1. *Regular Meeting of December 3, 1997. c ! ! 1 1_�1�r`�� 1. eussioa - Cunmingham Park Property/Garcia Building Encroachment. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1766-97 - 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). 1. *Ordinance No. 1767-97 - Amending Kenai Municipal Code 14.20.160(b)(6)[Aj To Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. 2. *Ordinance No. 1768-97 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Tract IA, Parson's Homestead Subdivision No. 3, TO614, R 11 W, Section 30, Within the City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska From rural Residential (R) to Suburban Residential (t-S). 3. *Ordinance No. 1769-97 - Appropriating an Alaska Highway Safety Planning Grant of $8,016.40 in the General Fund. -2- 4. Approval - Commission/Committee/Board Reappointments 5. Diseusslox - New Street Lights l:UTIVE BESSIOII • None Scheduled. I. ADMINISTRATIaN R�PORTB 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council Lfllll• • rl- j 1 � -3- KENAI CITY COUNCIL MEETiNO DECEMBER 179 1997 INFORMATION ITEMS 1. 12/3/97 Kenai City Council meeting "To Do" List. 2. 11 /97 Kenai Fire Department Consolidated Monthly Report. 3. 12/2/97 Salamatof Native Association, Inc. letter regard Hansen Park Proposal, Lot 7, Block 20, Townsite of Kenai. 4. 12/2/97 Kenai Chamber of Commerce thank -you letter regarding the "Christmas Comes to Kenai" celebration. 5. 12/ 1 /97 Kenai Community Library, Inc. Board of Trustees thank -you letter for the $500 donation toward expenses of the library's annual holiday open house. 6. 12/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. 7. 1998 Gaming Permit Applications 1. Holy Assumption of the Virgin Mary Russian Orthodox Church 2. Kenai Visitors & Convention Bureau, Inc. • 3. Alaska Central Baseball League, Inc. 4. Funny River Chamber of Commerce S. 12/ 10/97 Public Works Department Project Status Report. 9. 12/ 10/97 R. Ernst letter of resignation. IMAt CITY COUNCIL - REGULAR MEWING DFCEMBRR 17, 1997 7:00 P.M. xmw CITY CHAMS'm htt,s:/ /trRra.Iten4l�,� /t ei MAYOR JORN J. WILLIAN89 PRNSiDI1�iGi CALL TO O 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-20 Roll was taken by the City Clerk. Present were: Swarner, Moore, Measles, Bannock, Smalley, and Williams. Absent was Bookey. A-6. Mayor Williams requested the following changes to the agenda: ADD TO: ADD TO: MOTION: D-7b, Historfe Dlatrlot Board Report - Applications for appointment from Rebecca Lambourn and Cecelia Richard. G�-1, Disoutssioa - Cunningham Park Property/Garcia Building Encroachment - 12/4/97 Sara Cunningham Scott letter grid attachments. Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-60 Mayor Williams stated he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 2 ITEM 8: 8PDULED PJM C COMMRNT 8.1 • Michele Brown - The Nature Conservancy/ Kenai River Water Monitoring Plan Brown introduced herself as the project manager for The Nature Conservancy, a non- profit conservation organization. She explained there had been many individuals, agencies, tribal organizations and citizen groups who have been interested in tracking the health of the Kenai River by implementing a water quality monitoring plan. Brown noted, a work group met during the winter which represented state and federal agencies, as well as local government representatives (Jack La Shot attended for the City) and they identified three basic considerations, i.e. integrate a monitoring plan with existing plans for the River; identify acceptable sampling methods and protocols; and, coordinate efforts to assemble, maintain and make available the baseline data gathered. Brown explained, they were now speaking to local governments, etc. to inform them of what they were hoping to develop. She distributed a mailing list of those persons to whom they forward minutes of meetings and information. She asked council and administration to contact her if they had items they felt should be addressed or if there are others to be added to their mailing list. Councilman Moore asked if the mixing zone study for the sewer treatment plant would be related to the water monitoring. Public Works Director Kornelis answered, it was a possibility and that the STP employees were trying to determine some of things needing analyzed. Williams noted, there was only one person in the city that was involved in the work group. Brown added, she was also concerned with that and hoped someone from the city would attend. Williams requested Clerk Freas to post a notice to the Harbor and Planning & Zoning Commission members that their participation in the work group would be appreciated. Councilman Smalley requested a copy of the information provided be included in the next Harbor and Planning & Zoning Commission meeting packets. Councilwoman Swarner stated she would like a member of city staff to also participate in the work group. TE C: 0MIC HEARZN 8 C-1. Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. Vim CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 3 MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1765-97 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 97-83 - Amending Morrison-Maierle, Inc. Engineering/Design Contracts on the ARFF. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-83 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public comments. Ross noted, the non -potable well was not included in the original contract. He had discussed the matter with council early on and noted a change order would come forward to cover the well costs. He added, the engineering price came in high due to re -engineering of the pump and control rooms where the well will be brought into the system. Ross explained, city water would be coming into the facility as well. However, the non -potable water will be used for the firefighting holding tank. VOTE: There were no objections. 80 ORDERED. C-3. Resolution No. 97-84 - Transferring $1,400 in the Animal Shelter Capital Project Pund. MOTION: Councilman Smalley MOVED for approval of Resolution No. 97-84 and Councilwoman Swarner SECONDED the motion. ... KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 4 There were no public or council comments. VOTE: There were no objections. 80 ORDEIt—CD. C-4. 1998-99 Liquor License RenOWW - Kenai Golf Course Cafe - Restaurant/Eating Place. Approved by consent agenda. Councilwoman Swarner thanked the Senior Connection for the poinsettia. D-2. Airport Commission Councilman Measles reported ameeting was held on November 11 and the minutes of the meeting were included in the packet. D-3. Harbor Commission - No report. D-4. Library Commission Councilman Moore reported the minutes of the last meeting were included in the packet. Moore reminded all of the Library Open House on Thursday from 4-7:00 p.m. D-8. Parks & Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the packet. He added, there was no quorum, however a short work session was held with those members in attendance as there were several. representatives there from the Kenaitze Indian Tribe to discuss the development of the. Erik Hansen Park. Bannock added, he reminded the Commission that they were freee to gather information from as many organizations as they wanted as the project would come from them to council for final approval. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 5 Williams referred to the letter included as an information item from the Salamatof Native Association stating their support of the Hansen Park project. Bannock added, the Commission was requesting their next meeting be moved from January 1, 1998 to Friday, January 2, 1998. MOTION: Councilman Bannock MOVED to move the January 1, 1998 Parks & Recreation Commission :meeting to Friday, January 2, 1998. Councilman Smalley SECOM the motion. There were no objections. 80 ORDERED. D-6. Planning & Zoning Commission Councilman Smalley reported there were minutes for the past two commission meetings in the packet. He reviewed the sheeting minutes of December 10 noting the Parson's rezoning was passed. He added, there was a long discussion in regard to the rezoning. The Commission mentioned concerns for the potential of increased population and water demands in that area. Smalley also reported, a home occupation permit had been approved. Smalley added, the Commission was particularly concerned whether there is a city official to monitor and check zoning and building code violations. He reported, he told the Commission that Bob Springer does include these items in his responsibilities to some degree. Bannock referred to the last page of the December 10 minutes where Kristine Schmidt commented that commission meeting agendas had only lately been published. Bannock asked if that was true. Smalley and Clerk Freas answered, no. Mayor Williams noted the Commission's discussion in regard to utilities in the proposed Parson Subdivision. He added, he felt it was council's responsibility to approve/disapprove utilities for subdivisions. Smalley explained, this matter was for a zoning change and after the rezoning is approved, the developer will be discussing utility placement, etc. with administration. D-7. Miscellaneous Commissions and Committees D-7a. BeCommittee Swarner reported the next meeting is scheduled for January. MNAI CITY COUNCIL MEETING MINUTES DECEMBER 179 1997 PAGE 6 D-7b- ostoslc District 80*uc4 non to is Moore reported the Board'net in a work session Person" go which *t erected in Councilman p lications for p was their future direction. Moore sttr distributed at the beginning of the meeting' appointment to the Board were would like the e added, after discussion, the Board's consensus s t y would like Moor council to decrease their Yneanbersiaiaps�hanldn8him request that he act a t for his time on the Board, and council to send a letter tc consultant to the Board. ' cussed not having meetings :n the summer, but the Board discussed Moore added he thought the Moore also reported, meetings• decided they preferred having monthly d the were good ideas an the meetings ; . •, requested changes and keeping membership seemed to know what they need to do to continue. MOTION: of required board members Councilman Moore MOVED to reduce the Sff�OI�� the � lion. from nine to seven. Councilman Measles a without a code change- Graves City Attorney Graves was asked if a change in the membership could be mad eves referred to the code and noted it states the membership could consist of a minimum of seven. VOTE: There were no objections. SO ORD=D• MOTION: • er MOVED to seat Cecelia Richards on the Historic�� �e Councilwoman Swann OVS CONS• Councilman Moor Board and requested UNJ motion. a thank -YOU letter to 80raas. Councilman Moore Clerk Freas was requested to send Y applicants to the membership, of the stated he would prefer council add both the por t to future meetings and the Board Board. He added, the full membership is important often in the future concerned and aware they should not come back very for is very lamed, he wanted to hold off on the appointment without quorums. Williams e the other seat at this time. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 7 VOTE: There were no objections. 60 ORDERED. Clerk Freas was requested to send a letter of appointment to Richards. D-70. Challenger Board Councilman Bannock reported the Board would hold a retreat in Homer in January. Also, Kathy Scott has been requested to be join them as a board member. D-7d. Kenai Visitors & Convention Bureau Board Councilwoman Swarner reported she attended the last board meeting for Councilman Bookey. She reminded council of the reception to be held Thursday afternoon in honor of the carved antler donation by local artist, Michael Sausedo. Swarner also reported, the six-month evaluation of Executive Director Kathy Tarr was held and it was favorable. Ms. Tarr had been retained. D-76. Alaska Municipal League Report Councilman Smalley stated he had not report, as the December meeting had been canceled. ITEM �,YNtTT"�6_ Regular Meeting of December 3, 1997 - Approved by consent agenda. i•s �OR1tEBgONDENCE -None. Os OLD BV6I1ow t}.1. Discussion • Cunningham Park Property/ Garcia Building Encroachment. Williams, referring to the information distributed at the beginning of the meeting, requested a short break in order for council to review the information. BREAK TAKEN: 8:35 P.M. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 8 BACK TO ORDER: 8:39 P.M. Verbatim Begins: Williams: We1l come back to order. I'm gright going to ask the admini direction as to their involvement in this and where we're at ri f t now. Ross: As you're well aware of the encroachment issue, the co Garcia to contact the heirs as far as potential solutionsu o directed Mr. front of you, is a PAX that came in from the heirs today at 4:42h , in they found out, that in fact, the letters that they had sent to eachefter had not arrived. of us, Essentially, the summary is the heirs, as you've read this Packets the one preceding that was in your packet, have indicated that their desire is that Mr. Garcia be able to continue with his structure an the encroachment issue be resolved through transfer of parkproperty, d that one form or another, to allow this end result. And, before we getintom specifics, council has never addressed and said, that is the end result that they would come to. ,And so I It to answer is, do you want to reach a solution that question council needs. of the property, even with the consent of the heirs, to Mr. Garcia olves the to cur the encroachment? If the answer to that is yes, then I have a Proposal cure that goes beyond that. p posal Mr. Mayor, I think that at this time, council needs to address -that issue. basic Williams: Okay. Now the question before the council, do we, are w do we intend to solve this issue by transfer ofproperty. onotinterested, concerned about the amount of roe Do not be time. Just the basic question is, are w interested in solvs to be ing at this ving the issue? Bannock: Sure. Yes I am. Williams: Would you make a motion to that effect? Bannock: I would move that we enter into an agreement to negotiate the sale of land known as Cunningham Memorial Park to Mr. Chris Garcia. I don't know if.... Williams: Sale or transfer of a portion. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 9 Bannock: Thank you. Those were good words. Thank you. Williams: All right. Is there a second? Swarner: Second. Williams: And there is a second to it. Is there further discussion? Bannock: I would like to hear what the administration has in mind, assuming we wanted to go that road. Ross: Mayor? Williams: Yes. Ross: If you propose to go that route, then my second request of council is this. You have before you Ms. Cunningham's letter in which she goes into some details on what she sees as possible proposals. The City Attorney. also has to work out some concerns on heir -ship. We're going to propose that if council says yes, they want to solve it this way, that the matter be referred back to the administration to work with Mr. Garcia to send a specific proposal to the Cunningham's. once heir -ship and everything is satisfied, that they sign off of and we bring back to YOU. The form of that proposal would probably be closely along the line of that -suggested by Councilman Bannock in the earlier sessions where the - - fence line.be considered along the property.line basis, possibly -one foot outside it. That's the second preferred solution of Mrs. Cunningham. The first preferred solution of hers, if you have had a chance to look at her diagram, is a little more involved and it's one that we may be able to work with also, but it will be a proposed solution along one of the two lines that she has, in fact, proposed to us. But, we would like the authority of council to sit down with Mr. Garcia, work out the details, what takes place, send that to the Cunnirigham's once we've agreed to. see if they agree to it before they bring it back to council. I think, to do otherwise would involve council is a great deal of time trying to craft a solution that then goes back and forth and I just see this. as a time- saver. Williams: All right. Councilman Smalley? KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 10 Smalley: In the earlier packet that we had at our last meeting, I think I remember seeing a comment that one of the proposals that we discussed earlier still had a setback problem to it. Is that still in existence with either one of these? It's resolved. I guess that's a no. Williams: I think that because there are so many proposals on the table before us, not only from the original go -around, but also in this packet, it's really hard to determine the situation with regard to setbacks at this time until we get a look at one that we're really going to look at for working purposes. Councilman Bannock? Bannock: For simplicity sake, I kinda like her Proposal No. 2. I do have a question in regards to it, and I'm referring to the back page of the map, the back page which has the map. The bottom center of the map, there's a • comment says, "this small parcel now belongs to Chris Garcia and is made part of the park." Is that line our fence? Garcia: (from the audience) Yes it is. Reasonably close. I've talked to surveyors about that. If you don't mind me answering. Williams: That's fine. Go ahead. Garcia: ...is a, it's reasonably close like from the beginning of the fence being there, they've told me that that, even if it was a little on my property, quite frankly, I don't care about that problem. Ross: This is her Proposal No. 1 now. Williams: Yeah. Bannock: Correct. That is correct. The way I understand, in reading this, the difference between Proposal No. 1 and Proposal No. 2 is that the north end of the park, Proposal No. 2 would include that piece of pie -shaped. That's the difference between Proposal No. 1 and Proposal No. 2, if I'm correct. Ross: That's correct. Bannock: So then, we are then using the fence line as the close -to -you property line. That's what appears to be Proposition No. 2. Ross: Except for the point where she has measured the 15' setback and determined where the fence now, the new line, takes off. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 11 Bannock: That's Proposal No. 1... Rossi Right ... this diagram is Proposal No. 1: Bannock: Correct. Right. Right. And the difference between this diagram and Proposal No. 2 is that that does not become a north/south boundary line and rather, it gets tilted to the fence line. Williams: Excuse me Councilman Bannock, but to what are you referring to as Proposal No. 2? Bannock: Proposal No. 2 is listed on Page 4, near the bottom two paragraphs. Williams: Oh, it's just a written proposal. Bannock: I'm sorry. I'm sorry. Yes, calling it Mrs. Sarah Cunningham's, Ms. Sarah Cunningham Scott's Proposal No. 2. Ross: Proposal No. 2 is essentially the proposal that you made in the council minutes, that were in the council minutes in the packet earlier. Williams: The reason that I was concerned about not being, not getting ourselves involved in any of the proposals and tying any proposal to a final decision is because there are other proposals before us with regard to parts of that tract. One of them that I am looking at is Proposal labeled Garcia group that has a 6.67 621 square foot cutoff down in this same area. I think that my -comfort level- would-be -a-lot better by just- turning the. matter back to the. administration as we're. planning to. do with -this motion and let them work out the details of any of the proposals and bring them to us. I think the next time they come to us, wel have a clearer mind and distinct view of exactly what it is we're going to do. rather than speculate at this time. Councilwoman Swarner? Swarner: For my information, when was the fence built? I know when it wasn't there, but I don't know when it was... Williams: Chris, can you answer that question? Garcia: My guess is it was some time. between 1979 and 81 or 82. I think I even have some of my papers with.... KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 12 Swarner: I guess I'm concerned about her comments that she's saying that the fence has been used as a property line for as long as the park's been used and that's not correct and I don't know if that's clouded her ideas. Williams: I think you're right in that assumption Councilwoman Swarner. I remember taking the kids down there when they were quite young. We have on G- li of our packet, it was in here, it says that the contract from Jack La Shot, he administered a contract in the summer of 1982 to install fence in various locations within the city. One location was Cunningham Park, along the east and west sides of the park. Swarner: Thank you. Williams: He also notes that "I had the fence installed between the park and the Garcia residence, being certain to keep it well on city property and off the Garcia's lawn... Garcia: That's kind of an after -the fence (inaudible)... Ross: It would be my intention that council went along with this recommendation which is I would have Mr. La Shot work with Mr. Garcia between Proposals One and Two, Proposal One being the largest transfer of land, which is along, you know, just using the fence line... Bannock: That's Two... Ross: That's Proposal Two, I'm sorry. Iwe been in the letter too long. That - - would be Proposal Two and working to make sure that we took care of our setbacks or at least to work with whatever we did. Put that together. Send that to Mrs. Cunningham while the attorney's doing his side of things, and then hopefully bring something back to this council that has been agreed upon as a proposal for you to address. Williams: All right. Councilman Moore. Moore: When we move a lot line, when a lot line is moved, does not Planning & Zoning and the Borough require approval from those two commissions? What would our council, this council be doing at that point? Rose: Based upon the consent of council, at any point that theybe decided yes, we're going to go for this, Mr. Garcia then, the administration would - remove the stop -work order and allow him to protect his structure and finish it. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 13 Williams: I think the question was, will it go before Planning? Ross: Yes. Graves: We have to replat it. Moore: That would be Mr. Garcia's responsibility? Ross: Yes. Williams: Okay, so we'd follow the same procedure that any encroachment Problem that we have goes through and that is to be referred to our Planning & Zoning and *go to the Borough Planning 8s Zoning and be approved by both, come back, and if there are no objections it stands. If there are objections, it can be appealed to the City Council just like any standard procedure. All right. We have before us the motion. Further discussion? Councilman Bannock? Bannock: Just a question going to the money at issue. According to the letter "information supplied by Mr. Graves in regards to the land value at a dollar a square foot...," is there any comment from administration in regards to that number? Is that an accurate number? Do they think its an accurate number? There's a mention of 66 cents a square foot and there's a proposal in here for s0 cents a square foot. Does administration like to comment on that please? Ross: I don't know what the number is or is going to be g g . It's hard to get an appraisal on a sliver. Possibly what we do is we either ...(tape change).... and go on that, or the more expensive route is to take an appraisal. But, the route that we would probably look more toward is looking at the Borough assessed since it's on a sliver. Williams: I would think that if it involved at all municipal ordinances, that we should take in consideration the value of the land in-house, if we don't, the appraisal itself will be one of the most expensive ones this cit has ever bought based on the amount of land that's involved. y Bannock: And just to wrap up and briefly on that, on the money issue. There's been a tremendous amount of work and effort that's gone into this. It's this councilmember's position that the City of Kenai did not create this problem. I'm not interested in backing out of this in a fashion. We KENAI CITY DECEMBER PAGE 14 Williams: COUNCIL MEETING MINUTES 17, 1997 could go back to the way it was a long time ago before there was an encroachment there. The City didn't invite the encroachment and the City didn't ask for the encroachment. Its there. The City has not fined the people, Mr. and Mrs. Garcia, they've not been fined as our code allows. What I am not interested in doing here, to use a phrase loosely, I'm not interested in cutting a deal. It is my opinion that if we go ahead with this route, that it at no less than a fair market value with no costs being incurred to the city and that is a program that I would support. Thank you. Further comment. All right, I'm going to have the Clerk, if she will, read the motion back. Preas: Councilman Bannock moved to enter into an agreement to negotiate the sale or transfer of a portion of the land known as Cunningham Park to Chris Garcia. Councilwoman Swarner seconded. Williams: Council understands the motion. Councilman Bannock? Bannock: If I could just throw one thing onto that and further requests of the letter, that the funds be dedicated towards park improvements for the Martha Cunningham Memorial Park. Williams: Have that, any funds received. Bannock: Okay. With permission of second, of course. Thank you. Williams: I might mention that it might be worthwhile to take the issue of funds up at a later date because, of course, the city will incur some expenses, that if any funds are forthcoming should be used to cover the city's expenses first, or it's a backdoor way of pulling money out to Cunningham Park. Councilwoman Swarner? Swarner: I don't understand why we would have expenses incurred when we're being the middle person. I don't, there's not going to be that much money involved and I certainly don't want to see the taxpayers to incur any expense. Williams: I don't know that there will be, but if there are some, I think we need to take care of it first. We're still a long way from the finishing point on this: We don't know if, but we might have to work with or funds to be KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 15 paid. But in any event, I don't think there will be that much money involved so I don't have any objections to amending it, Councilman Bannock. Bannock: Thank you. Williams: All right, let's cover it one more time. Read the motion back. Freas: Councilman Bannock moved to enter into an agreement to negotiate the sale or transfer of a portion of land known as Cunningham Park to Chris Garcia with Councilwoman Swarner's seconding it. Now, was that added on about the proceeds of the ... Williams: I think that was the intention of Councilman Bannock. Freas: ...to add the proceeds of funds received be dedicated toward the park improvement, toward improvements to the park, to Cunningham Park. Williams: All right. Council ready for the vote? Clerk will call the roll. Freas: Swarner? Swarner: Yes Freas: Moore? Moore: Yea Freas: Measles? Measles: Yes Freas: Bannock? Bannock: Yes Preaa: Smalley? Smalley: No Freas: Williams? Williams: Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 16 Williams: City Manager? Ross: To the, I would like some direction from council on the setting of the value of the parcel, the method to be used. There is, we can't .take a sliver and go get a fair market appraisal on something that is a sliver. We either have two options: We can go get a full appraisal on the park, which is going to be fairly significant, and the appraisal price to do that work is going to be significant which will be borne, in my estimation, by Mr. Garcia. Or, we can use the Borough -assessed value on that, and use that, which is going to be a lower value against the square footage that is being taken. And, I'm not going to represent that Borough - assessed is fair market, but I need to know from Council which method you want us to use so that we can sit down to draw something up for the Cunningham's to look at, unless you have another alternative. Williams: Councilman Moore? Moore: Borough assessed on the Park or the Garcia's property? Ross: Borough -assessed on the Park. Moore: Okay, well that sliver, if it goes through, is going to be part of the Garcia • property as a whole, so I would think that if you could estimate the fair market value of the Garcia property, that sliver is going to be pretty much equal value to the existing Garcia property now. Measles: And it already has a concrete slab on it. Graves: Using the Park is, the problem with using the Park assessed value, is the Borough, they don't care what the value of the Park is because they're not going to get any taxes on it. So, if it is assessed at all, it will have been assessed twenty years ago and never updated. So, that is not, I think by any means, a legitimate measure of value. Garcia's value may be a legitimate yardstick, but not the Park -assessed value: Williams: I might also point out to the administration that there has been a . legitimate arm's-length sale in the area. And that was the Chester Cone properties and they were dealt with through the EVOS fund, which paid . top dollar, but effectively set the market. Because when the, EVOS sale was completed, the Borough accepted that as value and taxed the lands up near there to that value. I'm not sure if you guy's taxes went up after the EVOS sale or not, but a.., KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 17 Garcia: I don't think so. Williams: I know there was considerable amount of discussions to what that sale would do to values along the entire area, so administration should keep that in mind too. All right, we're ready for the vote then. No, we did have the vote. Why are we still discussing this thing, we already had the vote. All right, administration is going to go ahead and move along and take care of that for us. Ross: Mr. Garcia... Williams: Oh, excuse me, Chris. Garcia: One of the things that Rick had mentioned earlier there, as part of Mrs. CurmAngham's letter, was on allowing me to continue on building. Does the council have to act on that? Can the City just act on that? Or, what is the situation, because according to what you're saying tonight, we have to go, if I need to get approval from you guys and go to two or three other commissions, it's liable to be another year before this gets done. And, my building won't take another year without just being deteriorating - because it's got no roof. Williams: Well, I think, at least in my opinion, the administration will have something back before us first meeting in January perhaps. Can you put something together by then? Yes. Rose: Once weave got something together with Mr. Garcia, we'll submit it to the Cunningham's. Once council has acted on that and said yea or nay, if the council says, yes, proceed, I'm fully aware to change that plat is going to be at least 90 days. But once council says proceed, then the administration could take the stop work order off and allow, with council's concurrence, Mr. Garcia to proceed pending the final approvals of the plat. He can go ahead. You're ultimately the body that would hear any appeal if any anywhere along the line, an adverse decision was made on Mr. Garcia. And, you've had plenty of time to consider and debate it. Williams: Yes, Councilman Measles. Measles: But technically, the violation would continue until the plat was final, is that right Cary? KENAI CITY COUNCIL MEETING MINUTES DECEMBER 171,1997 PAGE 18 Chaves: Well, you can't build over lot lines. That's what, in addition to the encroachment, he would be building over a lot line until the sale is completed and the plat is approved. Measles: Yeah, I guess the point is, no one, not the Cunningham's, not the City Council, no one at this point can say it's okay to go ahead and complete the building because it is a violation of the Code. Chaves: It would still be a violation of the Code. Measles: And it will continue to be a violation until the final plat is approved. Graves: Yes, under the building code you cannot build over a lot line. According, that's Mr. Springer's interpretation. Williams: Okay. The answer is, the leap of faith. If you think everything is sliding along well and it looks like you're going to go for it, you make the decision. If you're not comfortable with what's occurring at the time, you make the decision. So, I think that's about as far as we.can, we can advise you at this time. It's called the leap of faith. Okay. All right. Have we concluded the discussions on that matter then? Seeing no further discussion, weU move along to Bills to be Paid, Bills to be Ratified, Councilman Smalley. End of verbatim. 8-1. Sills to be Paid, Sine to be RatWed MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. M-2, Purchase Orden Zzeseding $29500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Measles SECONDED the motion. There were no objections. So ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 19 H-3, Ordinance No. 1766-97 - 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). Introduced by consent agenda. 8-4. Ordinance No. 1767-97 - Amending Kenai Municipal Code 14.20.160(b) (6) [Al To Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. Introduced by consent agenda. R-5. Ordinance No. 1768-97 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Tract 1A, Parson's Homestead Subdivision No. 3, TO6N, R11W, Section 30, Within the City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska From rural Residential (R) to Suburban Residential (RS). Introduced by consent agenda. R-6. Ordivaaae No. 1769-97 - Appropriating an Alaska Highway Safety Planning Grant of $8,016.40 in the General Fund. Introduced by consent agenda. H-6. Approval - Commission/Committee/Board Reappointments MOTION: Councilman Smalley MOVED to reappoint for additional three-year terms the names as presented, including Philip Bryson on Planning & Zoning and Ray McCubbins on Harbor Commission. Councilman Bannock BECONDBD the motion. Smalley reported, the note in regard to Bryson's discussions with the Alaska Public Offices Commission had been resolved and Bryson was willing to serve an additional three-year term. Smalley noted, Bryson was fined for not submitting a required form in the amount of $37.50. This amount, Smalley explained, had been reduced from approximately $1,500. Through Bryson's correspondence with the APOC, and their acceptance that a form was missed, a second form had been lost in the mail, etc. the fuze had been reduced. Bryson paid the $37.50. Smalley requested council's consideration to reimburse Bryson for the amount paid. Williams agreed, adding that KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 20 he believed any kind of hardship to a member of a commission that has volunteered their time to the city should be indemnified by the city. There were no objections to reimbursing Bryson. Swarner questioned the inclusion of McCubbins in the motion for reappointment as the information in the packet stated he wanted to be replaced. Smalley requested to exclude McCubbins from his motion and Bannock agreed. VOTE.. P There were no objections. SO ORDERED. H-7. Discussion - New Street Lights Teresa Werner -Quads - Quade introduced herself and noted her address as 409 McCollum Drive, Kenai. Quade distributed copies of a petition of other residents of McCollum and Aliak to council. She explained, she and her neighbors were requesting council to place a street light at the intersection of McCollum and Ahak because there had been some accidents there. It is very dark and there are a number of children from the area who wait for school buses at the corner. Moore noted, on the purchase orders over $2,500 there was a purchase order to HEA to place a street light at that location. Smalley noted, he appreciated the Fire Department's concern and desire to place a street light at Swires, but felt it is the responsibility of the school district to place one there. Ross noted, they were referring to a street light at the exit of the school, not at the highway. Smalley -stated, it was still the responsibility of the school district or the state. Williams reminded council, the city had already paved Swires and placed a - street light at the corner of Swires and the highway because of their concern for the children. There were no objections to the list of street lights included in the packet. - None Scheduled. I-1. Mayor a. National League of Cities Conference - Williams reported he attended the National League of Cities (NLC) Conference in Philadelphia the first week in KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 21 December. He noted, it was very interesting. There were many well-known speakers. While there he had the opportunity to visit the Kennedy Space Center on behalf of Challenger. b. Youth Detention Center - Williams suggested council give some thought to the development of this project due to the need of the area and the proximity of the judicial system in Kenai. He added, he believed there was a possibility to create development package like that done with the new court house. He requested council's permission to have administration look at a possible location for such a facility, on city lands, and an approximate cost. Council had no objections. C. Maintenance Shop - Williams reported he discussed the possibility of building a new maintenance shop with Engineer Bill Nelsen. He added, Nelson • agreed to develop design sketches for the shop at no cost for the city which would be used for promotional information with the Legislature. Williams asked council if they had any objections to Nelson doing some sketches. Smalley asked if Nelson would be working with administration. Williams answered, yes. There were objections stated. I-2. City Manager a. Fish & Came Meeting - Ross reported he met with Fish & Game representatives who informed him the February meeting agenda had been changed to include the city's request to change the boundary for dip net fishing to upstream of the no -name creek which would eliminate access to the river on the bank in that area. Fish & Game also informed him they would provide two dumpsters to the city for use on the beach, as well as a kiosk -for placement in the area for notices, pictures, and informational items to those using the beach. Placing of the dumpsters and the kiosk will be coordinated through the City Engineer La Shot and Parks & Recreation Director Frates. Ross added, Fish & Game were still investigating the placement of uniformed officers on the beach during the dipnet fishing season. b. Southside Beach Proposal - Ross reported Public Works Director Kornelis completed a proposal for Exxon funding for parking on Spruce Street and is continuing work on the the southside river parking. Ross noted, the southside proposal will be forwarded to council for review prior to submittal. C. Dairy Queen Property - Ross reported the FAA has agreed with the $245,000 appraisal of the Dairy Queen property. The property will be advertised for sale at a minimum of $245,000. He added, the Code allows for transfer or disposal of property by warranty or quit claim deed. In this case, with the history of the property and the ownership having been with the city for so long, administration proposes to KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 22 do it with a warranty deed so that financing questions will not be raised for those bidding on the property. Ross noted, he has discussed the matter with Attorney Graves and they are comfortable in doing it this way. d. BOR Lands/Multi-Use Ice Facility - Ross reported he had received a positive recommendation from the State for submittal of release of BOR restrictions on the golf course and the package is now being shipped to Portland. He added, a caveat has been added that they do not believe it will be acceptable to use the value of the funds received in the building of the multi -use ice facility to offset the value of the land. It will be "the value of land for the value of land." He added, even though he did not agree with all they said, he asked them to send the package forward to keep the process going and those issues can be discussed later. In working with Mayor Navarre and in the way the transfer of the lands would be handled (by KCHS), this may be a moot issue. Ross noted, he wants Portland to define the issues in order for the city to know what the issues are to take to the Alaska congressional delegation for help. e. Youth Detention Center - Ross requested Chief Morris to report on the Youth Detention Center. Morris reported he attended a public meeting at the Borough which was attended by representatives of Health & Social Services and the Division of Family & Youth Services. He noted, DFYS is proposing there be three regional detention facilities built and situated in Ketchikan, Kenai Peninsula and Mat - Su Borough. They are also considering enlarging the McLaughlin Youth Center. Morris added, there had been money appropriated during the last Legislative session for design of the facilities. In Kenai, they are proposing a facility with three to ten beds. A site -selection committee was formed and Jeff Kohler (KPD) has been assigned to the committee. Morris continued, DFYS knows there are advantages to building this facility close to the airport, the court, DFYS offices, alternative school, Mental Health Services, drug and alcohol services, and 24-hour food services. At the meeting, they asked that a site be provided in the Kenai/Soldotna area. He understood Soldotna has a site in mind, but it would work best if the site were in Kenai. Councilman Moore stated he thought a three -to -ten -bed facility would be small. . Morris stated, it would be a short -care facility as the long-term facility will continue to be McLaughlin. He added, they want to keep the local kids close to family and other support services in the local community. Moore asked if a ten -bed facility would be sufficient to keep the kids close to their families. Morris answered, they are proposing there would be a lot more infrastructure needed for a long-term facility. This facility would be available to hold kids up to 30 days. WV CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 23 Morris added, after the site selection committee makes .their recommendation, another community group will identify the size of the facility and how it is to operate. Measles asked if the facility would be like a pre-trial facility for juveniles. Morris answered, yes and added, there would still be services offered. This facility would be available 24 hours a day and an evaluation would take place immediately after the juvenile was taken to the facility. Swarner asked if the 24-hour food service would be contracted out. Morris answered, yes. Smalley stated he agreed the ideal location for the facility would be in Kenai. He asked if administration investigated properties the city has available. Ross answered, several issues will come back to council for review in regard to property. One is this facility. Basically the same map will be offered to council for consideration, that was included with the Public Health relocation. In that, there are several parcels in the downtown area in proximity to the courthouse and airport. Those would be the ones they will be considering, unless council objects. Williams stated he would prefer the large parcel of land next to the courthouse, as well as other parcels in the city core, be withheld for future use. He suggested such a facility be built past the new animal shelter or along Marathon Road. Ross noted, the FAA wants the land by the shelter leased only. He understood city property within the downtown area may be too large for this facility alone, but there may be some other projects in the future that could be done jointly with the core properties, i.e. Health Center, etc. Williams noted, at one time council discussed they all appear before the Fish Board to present the concerns of the city. Along with that, pictures taken this summer were to be duplicated and enlarged- to poster -size for the city's presentation. He asked Ross if this would still be necessary in light of his discussions with Fish & Game. Ross answered, as he understood it, the February meeting would be a limited agenda. At this time, there is a high probability the change in the boundary will be made. Fish & (lame has endorsed the boundary change, they recognize the city should be represented at the meeting to discuss this issue. However, he understands the meeting is not an open agenda to take up other issues. Williams noted, one of council's concerns was the trash left on the beach and Ross reported Fish & Game will be providing dumpsters for the beach. He added, he did not think that, at this point in time, it was necessary for all council members to make presentations during the meeting. Swarner stated, she thought as many council members as possible should attend the meeting to show support of the city's presentation. Measles asked if there was any legal reason why the city could not prohibiting cleaning of fish on the beach, disposing of carcasses on the beach, etc.. Williams KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 24 noted, some regulations require the clipping of fins, etc. Ross suggested, by prohibiting the cleaning, since there will be a number of people fishing who reside outside of the area, the problem may be transferred to another area of town. Ross noted he would investigate the question and would include in the next packet a copy of the information forwarded to Fish & Game. Moore suggested the prohibition of leaving carcasses on the beach be investigated. Ross noted, added signage and pictures of last year's residue would be requesting people to use the dumpsters, along with uniformed officers on the beach would help in the cleanliness of the beach. Moore reminded council of Councilman Bookey's previous remark - that if a processor ° had deposited carcasses, etc. on the beach as the dipnetters did, the processor would be cited by many agencies and put out of business. Allowing individuals to leave the mess was not acceptable. Williams asked if council wanted pictures taken last summer to be enlarged to poster size even though the Board would not be discussing that topic. Swarner suggested council should be prepared. There were no objections from council. 1-3. Attorney City Attorney Graves suggested the beach concern be approached as a littering problem as it is public property, including dumping of fish carcasses as litter: That way, cleaning of the fish could be done on the beach; as long as the person disposes of the carcasses in the durnpster or hauls it away. Ross added, he didn't believe they could prohibit fishers from depositing entrails, etc. back into the river as that is encouraged all along the river. Graves noted, there is still a problem with discarding the entrails and carcasses in the river and the tide bringing the discards back onto -- the beach. 1-4. City Clerk a. Holiday Party - Clerk Freas reminded council to RSVP to the Holiday Party if they plan to attend. She also asked that when making the RSVP, they indicate whether they plan to donate a door prize and that the council members who attend act as a reception line, greeting employees as they arrive. b. Leave - Freas also advised she would be out of the office during Christmas week. 1-5. Finance Director a. Workers' Comprehensive Insurance - Finance Director Semmens KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 25 reported he received a $25,000 check from Cigna Insurance in their Dividend Program on Workers' Comp. The check was issued because of the city's loss history being good during the second year under their program ($12,000). The premium was approximately $223,000. During the next six months, if the city's loss history is good, expects they will receive back a check in the amount of $42,000. Semmens added, he was impressed and felt it spoke to the care city employees take toward safety. b. Borough Personal Property Tax Exemption - Semmens reported the Borough Assembly passed their Ordinance No. 97-73 which creates an exemption of $100,000 on personal property and sets out a flat -tax schedule for boats. He added, the city has the option to not do anything and additional money will be received from the motor vehicle tax; has the option to agree 100% with what the borough did and then would have an approximate $30,000 decrease in its revenue; or, choose to enact its own flat tax on boats. Semmens noted, the enactment date for the boats will be effective January 1 while the motor vehicle and $100,000 exemption portion of the ordinance will not go into effect for a full year (due to state's needing advance notice in order to make a change in the Motor Vehicle Tax Schedule). Semmens reported there is a sunset clause for December 31, 2001. Semmens suggested council may want to ask for options, amounts, etc. Bannock reported he also attended the Borough meeting and found it curious that a majority of the public speaking, spoke in favor of a flat tax for airplanes. What was passed was a $100,000 exemption and he surmised that most privately -owned airplanes were valued less than $100,000, thus there would be no flat tax on airplanes. Bannock asked, if a city resident owned an airplane and parked it elsewhere, is the airplane a city -taxable piece of personal property or is it where a piece of personal property parked that determines who receives the tax. Semmens answered, it is where the property is located and not where the owner resides. _ Williams stated, it was his understanding that was what the Borough was trying to do away with — heavy taxation of personal property, i.e. airplanes. Bannock explained, there were three different parts to the ordinance, i.e. a flat -tax structure on boats, $100,000 personal property exemption for any other personal property excluding boats, and a re -do of the Motor Vehicle Registration Tax Schedule. He added, the only people signing up for the flat -tax were people owning boats. If the sum value for people with snowmachines, airplanes, etc. was less than $100,000, their tax bill evaporated. I-6. Public Works Director - No report. I-7. Airport Manager - Airport Manager Ernst reminded council this was his last council meeting. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 26 T J• D 8CU SION J-1. Citizens - None. J-2. Council Bookey - Absent Swarner - a. Public Health Center - Swarner reported she had attended a meeting with Commissioner Perdue, City Manager Ross, Mayor Navarre and Joann Hagen (Public Health) regarding a potential new health center in conjunction with the Central Peninsula Hospital. The facility would be funded by the state and owned by the Borough. During the meeting, they discussed a site for the facility that would be sufficient for growth through the next ten years. Swarner reported Perdue recognized the Public Health Service at City Hall as the largest serving center, the ventilation • concerns, the space needs, etc. Perdue also recognized the need to enlarge this Public Health facility as her number -one priority and thought there would be design money in the new state budget. Ross added, the Borough would receive the funding from the state, the Borough will own the building, and the site is to be supplied by the city. Navarre and Perdue have had discussions regarding funding alternatives. During discussions, the city's. study on the needs of the Public Health office was used in looking for sites. He added, Perdue was looking for design money this year and Navarre expected construction of the facility to begin in 1999. Ross noted, Perdue is very supportive of the proposal and it looked very doable. There is a possibility, in considering the site, that the youth detention center could be sited beside the nurses facility. More will be known in the next two to three months. b. Animal Shelter Plaque - Swarner asked the progress of having a plaque made for the new shelter. Ross reported, Animal Control Officer Godek was looking at designs and dedication statements. He anticipated a decision would be made by the - first of the year. C. Family Open House - Swarner invited all to her family's open house on Sunday from 2:00 p.m. to 5:00 p.m. Moore - Moore thanked Randy Ernst for his years of service to the city and wished him luck. Measles - Measles thanked the seniors for the poinsettia and also thanked Ernst for his service to the airport for 13'/2 years. Measles also noted he would be KENAI CITY COUNCIL MEETING MINUTES DECEMBER 17, 1997 PAGE 27 out-of-town from December 24 through January 3 and wished all a Merry Christmas and Happy New Year. Bannock - Bannock thanked the seniors for the flower and wished Ernst good luck. Smalley - Smalley congratulated Ernst and wished hire good luck in his endeavors. Smalley added, he thought the city look very good with the Christmas lights and the streets in good shape. He also thanked the Fire Department for their professional and timely response to a life -threatening accident of which he had first- hand knowledge. He wished all happy holidays. Williams - Williams also thanked the seniors for the poinsettia and wished Ernst good luck. He also thanked the council, on behalf of the citizens of the city, for their good job during the year. He added, the council had moved ahead and forward for the plans of the community. The meeting adjourned at approximately 9:05 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY COUNCIL Pj C f CLERK