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HomeMy WebLinkAbout1996-08-21 Council Minutes• AGENDA RMAI CITY COUNCIL - REGULAR MEETING AUSUBT 211 1996 7800 P.ffi. KENAI CITY COUNCIL C87Ut8aRa 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. B. SCHBDULED PUBLIC comma (10 Minutes) 1. Terry Linebarger - Park Project Improvements/Kenai Lions Club. C. PUBLIC HEARINGS I. Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. 2. Ordinance No. 1711-96 - Increasing Estimated Revenues, and Appropriations by $490,000-in a New -Capital Project - Fund Entitled, "Kenai ARFF Project_." 3. Ordinance No. 1712-96 - Increasing Estimated Revenues and Appropriations by $20,006 in the Parkas Restroom Capital Project Fund for a Restroom at the Kenai Municipal Park on Forest Drive. 4. Resolution No. 96-58 - Transferring $7,500 in the General and Water and Sewer Funds for Lease of a Phone System and Purchase of a Phone Message Recorder. a. Remove from table. b. Consideration of substitute resolution. -1- 5. Resolution No. 96-61 - Making Inter -Departmental Transfers in the General Fund, Boating Facility Fund, Water and Sewer Fund, and Airport Land Fund to Accommodate Changes in the FY97 Budget. 6. Resolution No. 96-62 - Awarding a Contract for the Project Lots 13 and 14, Block 1, Cook Inlet industrial Air Park Soils Remediation to the Terrell Group for $34,650.00. 7. Resolution No. 96-63 - Awarding a Contract to Doors and Windows Unlimited, Inc. for Removing Existing Doors and Furnishing and Installing New Automatic Doors at the Kenai Municipal Airport for the Total Amount of $25,250.00. • • �L • • _L _ �• ._�. - - Cer no 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 Steering Committee d. Kenai Visitors & Convention Bureau Board 1. *Regular Meeting of August 7, 1996. 2. *Special Meeting -of August 14;-1996._- OLD B��NEBB 1. Discussion - Leif Hansen Memorial Park Policy Proposal.- 2. Approval - Agreement for Dedication of Right-of- Way/Mission Street Paving/Cherrier. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500- 002- 3. *ordinance No. 1713-96 - Increasing Estimated Revenues and Appropriations by $150,386 in the General Fund as a Result of Receiving Two Library Grants. 4. *ordinance No. 1714-96 - Increasing. Estimated Revenues and Appropriations by $35,000 in the'General Fund for Contracted Services of an Interim City Manager. 5. *Ordinaaao No. 1715-96 - Increasing.Estimated Revenues and Appropriations by a Net Amount of $21,887 in Three Senior Citizen Funds. 6. Discussion - Schedule Board of Adjustment Hearing - Prime Residential Zone/Michael Christian. 7. Discussion - ADEC Municipal Matching Grants, SPY/98. 8. Approval - Dock Lease Amendments/Snug Harbor Seafoods, Inc. a. Amendment No. 1/Dock Station No. 2. b. Amendment No. 1/Doak Station No. 3. 0 - None Scheduled. • s. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager • 1. citizens ( f ive minutes) 2. council -3- is KENAI CITY COUNCIL — REGULAR MEETING AUGUST 21, L996 7100 P.N. KENAI CITY COUNCIL CBAMBER8 MAYOR JOHN J. WILLIAMSo, PRESIDING Mayor Williams called the meeting to order at 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-Z. Roll was taken by the Acting City Clerk. Present were: Moore, Measles, Bannock, Williams, Smalley, and Swarner. Absent was Bookey. &P3. Mayor Williams requested the following changes to the agenda: ADD TOs 9-1, Material including map from Phil Nash representing Terry Linebarger, ADD AA B-a, Persons Scheduled - Bill Kluge - Visitors' Center signage. ADD AS: 8-3# Chris Garcia - Building Permit. Handout from Keith Kornelis. 8988TITUTE8 C-4(b), Corrected substitute for Resolution No.-95-58. ADD Tot G-1, Letter from Bunny Swan Gease. MOTION$ Councilman Smalley MOVED for approval of the agenda as amended and asked for unanimous consent. There were no objections. So ordered. A-4. Mayor Williams noted he had no changes to the consent agenda. NOTIONS Councilman Smalley MOVED for approval of the consent agenda as presented. Councilman Bannock SECONDSD the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL August 21, 1996 Page 2 of 21 MEETING MINUTES nCHEDMED PUBLIC COMMM Phil Nash (filling in for Terry Lineberger), Kenai Lions Club, Handicapable Park. Nash stated that the Kenai Lions Club would like to make a park behind the Oilers ball park that would be accessible and useable by people in wheelchairs. They have discussed widening and flattening the existing trail through the park. No trees would have to be cut, only brush. One area would be smoothed off and be developed with fire pits and tables designed for wheelchair use. Nash said the Lions wanted to let the Council know what their plan is and ask Council if they have any objections. He said they are not asking Council to do any of the work or spend any money. He stated that Parks & Rec is generally in favor of the plan; they just need to know how Council feels. Councilman Smalley stated that when the gate is open at oilers Field the young people go into the area to meet. Nash said he is talked with the Police Chief a few years ago; and the police were looking at the problem at that time. He said it appears the problem is not as bad now as it was then, and that he believes the problem would take care of itself once the public became aware of the parkas existence and use. Councilman Measles said that he is a Board member for the Oilers, and that they are concerned about leaving that area unlocked. Nash stated that the proposed park would be on only a small part of the Oilers Park, but access is the issue. Mayor Williams asked if the Parks & Rec department had been included in discussions about the proposed park. Bob Frates came ffirward with pictures of the project area, including the steep portion of the trail that would need to be flattened. He said that the Parks & Rec Commission had been approached a couple of years ago about this project and had no objections. Mayor Williams asked if a drawing could be provided to show a clearer picture of the planned changes. He also asked if Council had any objection to the plan. Councilman Smalley again spoke to security concerning young adults using the space for their gatherings. He asked if the Lions had looked at other locations. Nash said they had, but this location is good partly because a trail already exists that isn't being used very much. KENAI CITY COUNCIL i August 21, 1996 Page 3 of 21 MEETING MINUTES Mayor Williams suggested the Lions Club take this issue up with the Oilers again to work out access, and develop a more formal plan about the development of the park. Councilman Measles suggested the Lions meet with the Oilers Board and convince them that vandalism won't be a problem. Measles said there have been problems even with the gate locked, such as a fire started this year in the concession stand. Nash said he would get on the agenda for a meeting with the Oilers Board, B-20 Bill Kluge - Visitors' Center Signage. Kluge stated that the Visitors' Center administration and board have elected to place 15" high off-white plastic letters on the gable end of the front of the building to the right of the entry. He said he net with the Board and expressed his displeasure with their decision, but the project is proceeding. Kluge stated the building will be damaged by the holes needed to attach the signage. He said the letters are out of context with the character of the building. Kluge also said he is concerned with additions and upgrades being made to the building without being well thought out. He gave an example of speed bumps recently added to the parking lot, one bump which was placed between two handicapped parking spaces. Kluge handed out a to -scale drawing of the Visitors' Center showing the proposed lettering on the building and showing the trees blocking part of the letters. He said this is the view of the building from the highway. When the building was constructed, placement of signage was quite limited, he said; but now signage could be placed diagonally to the intersection and displayed with flowers, making it easy to see. Kluge also stated that someone should talk to DOT about the fact that there is really no turning lane into the Visitors• Center parking lot after going through the intersection at Main Street Loop. You must use a joint turning lane that people use for the light. He stated that the safest and best way for people to enter the parking lot would be to go around the Chamber building, and that maybe directional signage could be attached to the stop light. Further, Kluge stated that he sits on the Townsite Historic District Board. He said they have been trying for several months to come up with signage rules for the area to keep signage in context with the character of the historic district (i.e., • 0 KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 4 of 21 discreet and tasteful). He said the Visitors' Center is right at the "gateway" to the historic district, and he asked Council to take action to stop the placement of these letters on the Visitors' Center. He said, "As I professional, I am recommending we consider an alternative to placing these signs on the building itself." Councilwoman Swarner stated she saw the lettering and that she thought it looked nice and not degrading to the building. Councilman Smalley asked Councilwoman Swarner if she knew why the letters were being put up. Marian Nelson, Kenai Visitors & Cultural Center board member, was in the audience and stood to speak. Nelson said the Board had thought to put the letters on a temporary board and see how it worked. She said that to say the letters are white plastic cheapens them; they are vacuform letters which are attractive and are used everywhere. Nelson also stated that the Board did not make a hurried decision'about the signage. Nelson also said it's not a good idea to combine a situation like the speed bumps in with the signage issue because Keith Kornelis can address the speed bumps, and the Board will address the signage issue. Councilman Smalley said his question had to do with why the Visitors' Center Board felt more signage was necessary at all. He said it seems like the traffic through the Center is always increasing. Nelson answered that many people who come in say they had trouble finding the building. Kluge stated that the signage along the path to the Center also needs improvement. He said when you are coming off of Bridge Access there is only a question mark on a sign --there is no other information. He said there should be a sign that leads people'to the Center and another that identifies the Center so people don't pass by it. The sign that is already there maybe just needs to be moved to a better position, he said. Councilman Smalley asked Nelson if the Board had considered a sign out by the street on the lawn. She said yes; they have tried to think of all the possibilities. Mayor Williams asked if the permanent, cement sign could be moved to another location. Nelson said they have tried to think of a better place for it, but nothing looks like it will work as well as a sign up on the building. No action taken by Council. Mayor Williams stated that Council has a policy of letting the Board handle the operations of the Center. • • KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 5 of 21 B-3. Chris Garcia - Building permit Garcia stated that if something isn't done about this issue he is probably going to lose his building to the weather as it has -no roof. He said as soon as he learned there was a discrepancy he stopped construction. Garcia referred to the map handed out by Kornelis and said it doesn't agree with his information. Garcia said that at the time of the survey the City came to him and said that the boat launch was on his (Garcia's) property. Garcia told them he didn't really care; they could just leave it there. The City then told him the boat launch was real close to the property line, he said; and they asked him if it was all right to "fudge" the fence on his side of the property line so they could keep the boat launch and then run the fence down the property line. Garcia stated he was told it was only two or three feet, so he told them to go ahead with construction of the fence. Since then, Garcia said he has utilized the property up to the fence as his own. He said even the City police have run people off of the property and told them to stay on the City side of the fence. After Garcia began reconstructing his building, he said, the City building inspector told him he was infringing on the City's setback. So Garcia checked the setbacks and learned it was 15, on side property lines, he said; and because he was 19' from the fence he didn't see a problem. Garcia stated he discussed this with Mayor Williams and was told the Mayor didn't see a problem either. "The building inspector told me he was going to send me a letter telling me everything was okay, and he never did,! Garcia said. When Garcia approached the building inspector. about the subject several months later, Garcia was told there was still a property line dispute which needed to be resolved, he said. Garcia stated nothing has been done on this problem all spring and all summer, and he would like to get it resolved. Garcia suggested that maybe the survey which was done in the la"b 19701p was wrong. He said he is willing to buy the property from the City or "whatever it takes,ll because he has a lot of money invested in a building that he doesn't want to remove. Mayor Williams stated that the fact is that Mr. Garcia's building is on City property. The location of the fence, he said, seems to have caused the misunderstanding about where the property line really is. Mayor Williams said it's not possible to say why the fence was put where it was or why the foundation of the second building was placed where it is. He asked Garcia how long the original foundation has been where it is. Garcia stated it was KENAI CITY COUNCIL August 21, 1996 Page 6 of 21 MEETING MINUTES after the fence was up, maybe the late 197018 or early 1980's. Mayor Williams said that when an encroachment goes unchallenged for so long the property in question usually goes to the encroaching party. City Attorney Graves stated that compounding the problem is the fact that this is dedicated City park land. He said, �f the Ci doesn't use the property for park land, it reverts to the heirs of Martha Cunningham. Garcia said that the City stopped using the land as park land when the fence was built. He said he has used the land up to the fence ever since the fence went up. He said he has planted grass and stored things in it. "The City has not used that particular part of that property as park land since the fence has been there." Attorney Graves said he was told that the fence was put where it was in order to provide a buffer between the park and Garcia's property. Garcia said that was one of the original reasons for the fence, but that doesn't speak to why the fence was put on City property. Garcia stated that whan the surveyors were t:iere, to Garcia was told that the river side of the fence was on his property; but he agreed to that because he wanted the fence and because the boat ramp would not have to be cut out. Councilwoman Swarner asked Garcia if he put the original slab in for the new building. He said he did that after the fence was built. She asked if he had a building permit for that project, but he couldn't remember. Kornelis said the only permit for that property was for the construction of the home. There is no as - built or any other record for the new building, Kornelis said. Mayor Williams asked Administration to research the problem and try to find a solution short of tearing the building down. Councilman Bannock said that the building is approximately 19' at its closest point from the fence. He asked Garcia if he was led to believe that the fence was the property line? Garcia answered Yes, Bannock asked if it would be possible for the City to bear the expense of resubdividing that property and giving the 19' "sliver" back to the Cunningham's because it is not being used as a park. He said then Garcia could negotiate with the Cunninghams to solve the encroachment problem. Attorney Graves said the problem is in contacting the heirs of Ms. Cunningham. The estate has been closed (probably), he said, and we don't know how many heirs there are or if they could be found. Councilman Smalley pointed out that the City is, and has • been, in violation of the agreement because that section of th property has not been in use as a park. e r� u • KENAI CITY August 21, Page 7 of COUNCIL MEETING MINUTES 1996 21 Councilwoman Swarner asked if the March 1996 survey could be incorrect. Mayor Williams said that until a solution to this problem is obtained Garcia should not be fined. Councilman Smalley agreed that a new survey might be a good idea. Councilman Moore asked if a survey was done before the fence was built. Kornelis said Jack La Shot was in charge of putting this fence in and he has been on vacation recently. Kornelis said he was told that Jack had placed the fence away from Garcia's property line because Garcia wanted a buffer zone and the fence because of the number of people in Cunningham Park. Mr. Garcia said, "That's not so.'$ He said all he ever wanted was a fence just so people would know to stay off his property. He said again that has always been under the impression that the fence was built on the property line except on the river side where it was on his property. Kornelis said Jack would back on Monday and that he might have some documentation on the subject. Mayor Williams directed Administration to try to come to a solution without any ramifications to Mr. Garcia. No objections from Council. C-1. Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1709-96 and Councilman Smalley SECONDED the motion. There were no public or council comments. Mayor Williams directed the Clerk to write a thank you note to the Katmai Hotel for their donation. VOTE: Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes MOTION PASSED UNANIMOUSLY. C-Z., Ordinance No. 1711-96 - Increasing Estimated Revenues and Appropriations by $490,000 in a New Capital Project Fund Entitled, "Kenai ARFF Project." 0 0 KENAI CITY COUNCIL August 211 1996 Page 8 of 21 MOTtONs MEETING MINUTES Councilwoman Smalley MOVaD for adoption of Ordinance No. 1711-96 and Councilman Measles BNCONDED the motion. There were no public comments. Councilman Moore asked if we have a commitment from the FAA for this project. Mayor Williams said no, but that the money is actually coming from the Airport Land Fund through a grant arrangement. Randy Ernst, Airport Manager, said that the application has been submitted and that all indications from the FAA are that the application is being processed. Ernst stated that to get to the grant phase of the project, the City has to have the "hard numbers" by the engineering firm. There is nothing to prevent this project from going forward, and he will be getting a letter of intent, Ernst said. Moore asked if this money is going to be reimbursed. Mayor Williams said yes it will as the project comes to fruition. Ernst stated that the City•s commitment to the project is $455,000, and the FAA's commitment is about $7.2 million. Ernst stated that 15 engineering firms have already asked for bidding packets for this project. VOT88 Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes NOTION PA88ND OIilI XXK008LY. C-3. Ordinance No. 1712-96 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Restroom Capital Project Fund for a Restroom at the Kenai Municipal Park on Forest Drive. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 9 of 21 NOTIONS Councilwoman Bannock MOVED for adoption of Ordinance No. 1712-96 --and-Councilman Measles BEGONDED the motion. There were no public or council comments. VOTES Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes monoN nom uNANIMOuBLY. 0-4. Resolution No. 96-58 - Transferring $7,500 in the General and Water and Sewer Funds for Lease of a Phone System and Purchase of a Phone Message Recorder. a. Remove from table. Councilman Smalley MOVED to remove Resolution No. 96-58 from the table. Councilwoman Swarner BECONDED the motion. VOTE: Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey Absent' Moore: Yes MOTION? TO REMOVE FROM TABLE PASSED UNANIMOUSLY. b. Consideration of substitute resolution. MOTION: Councilman Smalley MOVED to substitute the corrected Resolution No. 96-58 for the original. Councilman Measles SECONDED the motion. Councilman Smalley asked if the budgeted amount was the same as the amount in the resolution. Kornelis said the amount is the same, it's just in different accounts. • • KENAI CITY August 21, Page 10 of VOTES COUNCIL MEETING MINUTES 1996 21 Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes MOTION TO ACCEPT SUBSTITUTE RESOLUTION PASSED UNANIMOUBLY. C-5. Resolution No. 96-61 - Making Inter -Departmental Transfers in the General Fund, Boating Facility Fund, Water and Sewer Fund, and Airport Land Fund to Accommodate Changes in the FY97 Budget. MOTION= Councilwoman Bannock MOVED for approval of Resolution No. 96-61 and Councilwoman Swarner SECONDED the motion and asked for UNANIMOUS CONSENT. .There were no public or council comments. No objection. MOTION PASSED BY UNANIMOUS CONSENT. C-60 Resolution No. 96-62 - Awarding a Project Lots 13 and 14, Block 1, Air Park Soils Remediation to the $34,650.00. MOTION: Contract for the . Cook Inlet Industriai Terrell Group for Councilman Smalley MOVED for approval of Resolution No. 96-62 and Councilwoman Swarner SECONDED the motion. Councilman Moore asked if this property is the old Kenai Packers" processing plant yard and if the City owns it. Engineering Tech Rachel Clark explained that the information contained in the packet is only a sample. The property at issue is the two lots next to the courthouse. Councilman Smalley asked if Santa Fe Drilling would pay if the project gets extended and the cost goes up. Attorney Graves answered that they would pay their pro rata share. The soil was segregated: Santa Fe is responsible for Lot 13 (300 yards), and the City is responsible for Lot 14 (120 yards). John Bova, Vice President, The Terrell Group, stated that the is process of soil remediation is called hot air vapor extraction and has been used successfully for 2-1/2 years, including on a KENAI CITY COUNCIL August 21, 1996 Page 11 of 21 MEETING MINUTES big project for the U.S. Navy. They have had a 100% success rate with the process. He explained how the process.works.. Councilman Smalley mentioned that the last problem the City -had with soil was in removal of the "heavy" oils. He asked Bova if this could happen again. Bova answered that tt a process being used is designed primarily for diesels and heavy oils. He said the process might be slowed slightly (up to 7 days), but there should be no other problems. VOTE: Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes NOTION PASSED BY UNANIMOUS CONSENT. C-7, Resolution No. 96-63 - Awarding a Contract to Doors and Windows Unlimited, Inc. for Removing Existing Doors and • Furnishing and Installing New Automatic Doors at the Kenai Municipal Airport for the Total Amount of $25,250.00. MOTION: Councilman Measles MOVED for approval of Resolution No. 96-63 and Councilwoman Swarner 88CONDED the motion. Councilman Smalley asked Airport --Manager Randy Ernst hors-61d the doors are that are being replaced. Ernst answered they -were put in during the renovation in 1983. This project will replace all the doors, including tracks. They will be breakaway doors. VOTE= Williams: Yes Measles: Yes Smalley: Yes Swarner: Yes Bannock: Yes Bookey: Absent Moore: Yes NOTION PASSED BY UNANIMOUB CONSENT. RECESS FOR BREAK RETURN TO ORDER KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 12 of 21 ZTER -Go OLD RUNSIVEJ18 3-1. Discussion - Leif Hansen Memorial Park Policy Proposal. Parks & Rec Director Bob Frates stated that this issue has come to Parks & Rea a couple of times before. The Commission has now written this general policy statement, and they feel large group activities should be excluded. Only weddings and small memorial services should be held in the park, they feel. The Commission also recommended that the $50 deposit should be increased to $200 to cover costs of replacing a plaque or a tree if it is damaged. Frates said the Commission didn't want to dictate exactly how large a group could use the park; they hope that the activity will dictNte the size. Frates said the Commission's concern is that large groups would want to use the park. He said the Kenai River Festival Group has done an excellent job in cleaning up after themselves, but the Commission is concerned that other groups might not be so careful. Suzanne Little spoke about her work on the design of the park and isher recent talk with Dr. Hansen about his letter to Council (in the packet). Dr. Hansen told her he didn't mean to say there should be no cooking in the park --he meant no camp fires. He. told her he didn't want dancing on the grass, but if the grass were protected then it would be okay. Little stated that Dr. Hansen was not displeased with the Kenai River Festival being in the park. He intended the park to be a fun, festive place, she said. She stated they did not discuss the issue of non- profit or for -profit groups doing business in the park. She said her personal feeling is that it is probably "a policy gone too far." Little stated that requiring a $1,000 bond for large events might be all that's needed to control damage. Councilman Smalley asked if the Kenai River Festival group has responded to the Parks & Rea Commission's suggestions. Lori Landstrom was in the audience and spoke. Regarding the issue of no commercial use in the park, Landstrom stated she was not ready to speak for the committee on that issue. She said she attended one meeting of Parks & Rea and voiced her concerns and the intentions for which she believed the park was established. She said she didn't attend the next meeting because she didn't see any support from the Commission for the River Festival being held in the park. Peggy Mullen, 355 Lingenberry, Soldotna, stated that Kenai and Soldotna both suffer from a lack of too few public gathering • places. She said Leif Hansen Memorial Park is becoming a „town commons" because of its location. Mullen asked Council to KENAI CITY August 21, Page 13 of COUNCIL MEETING MINUTES 1996 21 remember that the River Festival is unique in that it is not only a joyful event but an educational one. She wondered if Council "would maybe grandmother in" the River Festival since they have proven that they do a "careful job." Mullen stated that the Festival people do their own risk management as they go along, and that, allowed to use the park, they would probably want to talk to Council about the no commercial use clause because that would impact them. Pat Porter, Kenai, spoke "as a citizen," saying that she was involved with the original concept of the park. She said it was never meant to be a sad place, but was never meant for big parties either. Porter stated that she is against the use of the park by large groups. She also said that vendors who used to have booths along the Spur Highway for the Fourth of July parade were forced to move to the ballfield. None of the vendors were happy about the move, but it's working out just fine. She said the Senior Center does quite well there. Councilman Bannock said it seems that any regulations, rules or guidelines that come from Council or the Parks & Rec Commission are interpreted as an attempt to "kill the Kenai River Festival." He stated that is not case. He said he wants to look at the original intent, and that the Commission was not at all confused about what they wanted to happen in the park. The two issues they looked at were safety (i.e. highway location), public parking, and the intent. Bannock said the Commission looked at the $50,000 public restroom, electricity and city water located at the ballfield strip. That area was set up for handling large groups, he said. Bannock said a lot of work went into the drafting of this policy and that he supports it as written. Mayor Williams stated his support for accepting the Commission's policy. He said he's not sure the deposit should be set too high because the only parson who is careful is the one who actually puts up the deposit. The Council accepted the policy as written by the Commission, including $200 deposit. 2=182110-H/COIKMITTEE REPM28 D-le Council on Aging Councilwoman Swarner reported that members voted at their lash meeting to increase the suggested donation for seniors* meals • from $2.50 to $3.00 and non -seniors' meals from $5.00 to $7.00. The seniors are going to sell their poster for $5.00, • • KENAI CITY COUNCIL August 21, 1996 Page 14 of 21 MEETING MINUTES Loretta Breeden resigned from the Council on Aging, so there is an opening. Another member will be leaving soon, as well. Names will be submitted. D-2. Airport Commission Councilman Measles reported the minutes of the last meeting are in the packet. He said there are two FAA employee applicants for the open position. Since Council members do not know the applicants, Mayor Williams was asked to meet with the applicants and make a recommendation to the Council. D-3. Harbor Commission Mayor Williams said he spoke with the Harbor Commission at their last meeting about putting out an RFP for bluff stabilization to run from Old Town to Kenai Packers. He said he proposed a sheet pile wall be placed 20-30' from the bluff, and the space between the wall and the bluff be backfilled with crushed car bodies, broken cement, old refrigerators, washing machines, etc., and all be continuously layered with sand. Williams stated that if nothing is done, the property along the bluff will continue to be lost (in 1953 there were properties 145' from where they are now), he said. Councilman Smalley said he would like to know the additional cost to the city police department, the parks and rec department, and the city dock for this summer's fisheries. He said those costs should include Port -A -Potties, extra work hours, etc., and a letter should be sent to Fish & Game and the State legislature requesting.them to budget the monies to repay the City and "budget them in the future if they wish to continue the fisheries." D-4. Library Commission Councilman Moore reported the next meeting is on Tuesday, September 3, 1996. Librarian Emily DeForest stated they are still working on promoting the addition to the building and selling lottery tickets. D-5. Parks i Recreation Commission No report. is C� KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 15 of 21 D-60 Planning & zoning commission Councilman Smalley reported on the last P&Z meeting (minutes are in the packet. He said there are -two openings on the-P&Z Commission. The Clerk was asked to write thank you letters to Mr. Walker and Mr. Booth for their participation on the Commission. Because Booth is taking a leave of absence, his Yeutter should also state that he should contact. Council immediately upon his availability. The application from Michael Christian was considered by Council. Councilman Smalley stated that Mr. Christian has been very active in the community. He said he believes Mr. Christian would be a worthy commission member. Council decided to appoint Michael Christian to one of'the vacancies on the P&Z Commission. D-7. Miscellaneous commissions and Committees D-7a. Beautification committee Councilwoman Swarner reported that the committee is looking at designs for banners for the City; these would be for next years budget. There will be a volunteer appreciation function in September, she said. Bob Frates handed out new brochures about the City's flower beds to be handed out at the Visitcrsf Center and City Hall. D-7b. Historic District Board Next meeting is September 23, 1996. D-7c, Challenger Steering Committee Next meeting is September 5, 1996. D-7d, KOMI Visitors & convention Bureau Board No report. E-1. Regular Meeting of August 7, 1996. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 16 of 21 None. &TE a:_ o.D, a-UIN$se a-1. (Item G-1 was moved between Items C-7 and D-1.) a -a. Approval - Agreement for Dedication of Right-of- Way/Mission Street Paving/Cherrier. Attorney Graves stated that the wording of the agreement is fairly straight forward. Kornelis said the test holes were dug today, and a layer of silt.and mud was found in the road under a foot of hard gravel. He said the Finance Department found records from 1967 assessing Mr. Cherrier for bringing the road up to good gravel standards in front of his place. Kornelis said the new estimate is $5,000 for D1 and paving, and about $3,000 for digging out the mud and replacing it with good material --a total of about $8,000. He stated, however, that $3,000 to $3,500 • is for fixing what wasn't done properly in the first place. Kornelis said he talked with Mr. Cherrier today, and Mr. Cherrier has no problem with the agreement as it is written. Kornelis told Cherrier that the area could be replatted and then each one of the property owners could sign the replat showing they had dedicated that right-of-way to the City. He said Public Works recommends that Council go with this agreement. • Councilman Bannock stated, "I don't really have an objection -to - the project proceeding. I'm still not necessarily in agreement with this agreement because I'm thinking that if I was a property owner in a situation just like this I guess I'd want to be the last person to negotiate with the City because there's a couple other property owners that didn't get anything for their rights - of -way that they gave up." He said that the City didn't negotiate.with those property owners "dollarwise." Mayor Williams replied that the City negotiated long and hard with thew otherwise, however. Kornelis stated that in this case the Church came to the City with Mr. Arness and offered to give up their right-of-way to create the paving project. Mr. Cherrier was not involved in that request; the City then went to him and asked him to do it. No further discussion. Council directed Administration to proceed with the project. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 17 of 21 R-1. Bills to be paid, Bills to be Ratified MOTION1 Councilman Smalley MOVED for approval of the bills to be paid and Councilwoman Swarner 8ECONDED the motion. There were no objections. 60 ORDERED. 8-2. Purchase orders Esoseding $2,500 MOTION$ Councilman Smalley MOVED to pay the bills over $2,500. No objection. 80 ORDERED. R-3. *Ordinance No. 1713-96 - Increasing Estimated Revenues and Appropriations by $15,386 in the General Fund as a Result of Receiving Two Library Grants. • Introduced by consent agenda. R-4. *Ordinance No. 1714-96 - Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund for Contracted Services of an Interim City Manager. Introduced by consent agenda. X.-S. *Ordinance Noe 1715-96 - Increasing Estimated Revenues -- and Appropriations by a Net Amount of $21,887 in Three Senior Citizen Funds. introduced by consent agenda. R-60 Discussion - Schedule Board of Adjustment Hearing'- Prime Residential Zone/Michael Christian. Council set the Board of Adjustment hearing to be held on September 4, 1996 at 7:00 p.m. immediately prior to the regular council meeting. R-7. Discussion - ADEC Municipal Matching Grants, SFYj98. Kornelis reported that he received the grant application, the questionnaire and the priority listing from ADEC. The deadline • for submission is September 20, 1996. He also received the.grant application for the municipal matching grants program; it is due. KENAI CITY COUNCIL August 21, 1996 Page 18 of 21 MEETING MINUTES on October 1, 1996, he said. Kornelis suggested a work session to discuss the projects that are still open for water/sewer, ADEC and municipal matching grants program. Council directed Kornelis to proceed with these applications. No objections. M-s. Approval - Dock Lease Amendments/Snug Harbor Seafoods, Inc. a. Amendment No. 1/Dock Station No. 2. b. Amendment No. 1/Dock Station No. 3, Keith Kornelis reported that Paul Dale addressed the Harbor Commission on August 12, 1996 and requested an amendment to their lease on Dock Stations No. 2 and No. 3. Dale requested an extension of the lease to include a new storage area and to extend the time of the lease so he wouldn't lose his investment of building a security fence. The Commission recommends extending the lease to April 30, 1997. Mr. Dale stated that the amendments would help him out and would 41 appreciate the Council's approval. He also complimented the City's dock managers in the the dock was run during this year's fishing season. He said they did a very good job. MOTIONS Councilman Smalley MOVED for approval of Amendment No. 1 and Councilwoman Swarner SECONDED the motion. There were no objections. SO -ORDERED. EXECUTIVE 8E8STON - None scheduled. I -le Mayor a. Mayor Williams asked Council if they wished to respond to the Kenai Peninsula Tourism Marketing Council's request for financial support. No response. No action. b. Mayor Williams gave a reminder of the picnic on August 24 and said there are a few tickets left to the Drifters and Coasters concert. a. Mayor Williams said additional grant monies have been . identified for education purposes involving the Space Center. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 19 of 21 d. Mayor Williams stated that the Council meeting agendas with full text of ordinances and resolutions are now available on the Cityls Internet web site. He also suggested that Council might begin thinking -about.- doing-- away with much - of the paper used by having terminals and keyboards in the Council chambers and at home. He said it would move the City into the twenty-first csentury. =-p . city manager Acting City Manager thanked all the department heads who have helped during his tenure as acting city manager. I-3. Attorney No report. 1-6. city Clerk No report. 1-5. Finance Director No report. t-6. 1"lic works Director a. lt*aai Spur Highway - Kornelis reported he will be meeting with DOT for final inspection of the road on Friday, -August 23,_.1996.--If, anyone -has any project- concerns; let hit know. before -then. _ _ Councilwoman- Swarner mentioned that when. the State sprayed grass on the rights -of -way they missed the dirt in several areas. She also mentioned that the sidewalk in front of Arby,vs has gaps in it that need to be fixed. Councilman Smalley said he is concerned about the dips in the road between Walker and the Spur Highway, and another near the high school* He said they will fill with water and cause problems. Also, he said, there are no drains 'between the exit roads from the high school. Kornelis said he wile mention these items to the DOT. Mayor Williams said he would like to see an ordinance charging a $500 fine and confiscation.of the vehicle for anyone caught driving any motorized vehicle on the new bike paths. Councilwoman Swarner asked Kornelis to have a post placed in the path between the Dairy queen and Carrs to keep people from driving there. KENAI CITY August 21, Page 20 of COUNCIL MEETING MINUTES 1996 21 Mayor Williams said the state highway engineer emphasized the City's responsibility to protect the bike paths once they are constructed. Kornelis said he has learned since that the district will not allow the State to -put "No Motorized Vehicle" signs on the paths --instead the signs will be pictures of pedestrians. Councilman Smalley said that there is still a problem at the intersection of the Spur Highway and Bridge Access Road. He said he still sees trucks that turn that corner and drag over the curb. Kornelis said he has pointed that out to DOT and they will not change it or the one on Airport Way, Mayor Williams said there is another probleVi at Tern Avenue and Bridge Access --there is not enough room in the left turn lane. Kornelis said he has written to DOT about this problem as well as not enough shoulder space in that area. He said they did come back and put more fill on the shoulders, but they said they would only look at the left turn situation in a future safety project. Mayor Williams told Kornelis to begin immediately on that safety • project because there have already been some accidents there. Councilman Smalley said there are noticeable bumps where the new highway meets the old highway. Kornelis said there are also some problems with the signals; they aren't UL approved, or something. Kornelis said he will make a list of these items and go over them with DOT. b. OSHA Citation at STP - Kornelis said the OSHA citation at the sewer treatment plant has been corrected; "we are in- compliance now." Councilman Smalley said the light at Willow and the Spur is still not working properly. Airport Manager No report. J-1. citizens a. Tint Navarre - Navarre reported that the Borough Assembly dealt with the half -way house issue by putting a six-month • moratorium on their ordinance. They are going ahead with the half -way house at North Star, however. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 21 of 21 Navarre said the Animal Control ordinance in the Borough was defeated 4 to 5. Councilman Smalley asked Navarre if the City could count on supporting the City's right to maintain its own authority with regard to development of any kind within the City. Navarre said that he can guarantee that he will support that. b. Bob peters - He asked what happened to the dog house. Councilman Smalley said the City had to spend more money than anticipated on the new well and other things. Peters said that he thinks there is a problem with the arrows in the left turn lane of the highway, especially in front of the high school where there is a "Do Not Enter" sign. J-2o Council Bookey - Absent. Ovarner - She would like to have a report set for selection of a new city manager and re -writing the job description. Mayor Williams suggested there could be a discussion at the next council meeting and a work session could maybe be set. Council directed the Clerk to put this discussion on the agenda for the September 4, 1996 meeting. Moore - No report. Measles - No --report. Bannock - City Council members are invited to lunch on September 9 at noon with the Kenai Rotary Club for the dedication of the Old Town park has guests). Smalley - No report. Williams - No report. it