HomeMy WebLinkAbout1995-05-03 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING
MAY 3, 1995
7:00 P.M.
RENAI CITY COUNCIL CX MBERS
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-controversialby 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 consideredin its
normal sequence on the agenda as part of the General
Orders.
Be 0C$BDUI+ED PMUBLIC gaIR HT (10 Minutes)
1. Barbara Waters - Dangerous Property on Kulila Place.
C • PUBLIC - RMIN21
1. a. Ordinance No. 1600.94 - Increasing Estimated
Revenues and Appropriations by $2108,000 in a New
Capital Project Fund Entitled, "Airport
Sander/Plow Truck:"
b. Substitute with Ordinance Noe 1600-94 - Increasing
Estimated Revenues and Appropriations by $211',037
in a New Capital Project Fund- Entitled, "Airport
Sander/Plow Truck and Bucket."
2. Resolution No. 95-18 - Transferring $1,560 in the
General Fund for a Video Training Subscription Service.
3. Resolution No. 95-19 - Transferring $10,000 in the
General Fund for Shop Repair and Maintenance.Supplies.
4. Resolution No. 95-20.- Awarding the 1995.Leass of..the
Kenai Public Dock Station No. 3, Dock Area, parking
Area, Office, and One Crane, to Snug Harbor Seafoods,
Inc. for $10,000 or $.0375/LB Whichever is Greater.
5. Resolution No. 95w2l - Awarding a'Contract for the.
Construction of the Kenai Municipal.Airport CAP Taxiway
1995 Improvements to Jackson Construction for.the Total
Amount of $65,724.15.
a. Consideration of Resolution.
b. Award of Inspection, Surveying and Soils Testing
Contract.
6.
Resolution No. 95-22 - Transferring $140000 in the
Water and Sewer Fund for Repair and Maintenance
Supplies.
D. CORTB,SIONICOM
ITTEB R3PORTB
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
1.
*4/12/95 Work Session Notes
1.
*Regular Meeting of April 19, 1995.
F. CMESPONDENCE
as 91& 8U8INESS
g. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1645-95 - Amending Title 4 of the Kenai
Municipal Code, Entitled "Uniform Building Codes," to.
Adopt and Incorporate by Reference Therein the 1993 and
1994 Edition of Certain Codes.
4. *Ordinance No. 1646-95 - Amending KMC 4.05.035 of the
Kenai Municipal Code, Entitled "Inspections" to Provide
that As -Built Surveys be Required Only When the Final
Inspection is of New or Enlarged Construction Rather
than Interior Remodeling.
5. *Ordinance No. 1647-95 - Replacing the Tables Referred
to in the Personnel Regulations,(Title 23) to Establish
a New Salary Structure by Grade and New Hourly Rates
for Part -Time Employees.
-2-
•
6. *Ordinano• No. 1648-95 - Amending KMC 23.50.010(b) by
Adding a New Pay Classification Called "Airport
operations Specialist."
7. *0rdinano• No. 1649-95 - Amending Landscaping/Site Plan.
Regulations Section, 14.205.020 AMlication of the
Kenai Municipal Code,
8. Approval - Assignment of Lease - Lot 6A, Block 1, Gusty
Subdivision No. 4/From Dan Roberts, Jacqulyn Roberts.
and Suzanne Roberts to Black Ice, Inc. and Danielle
Gabriel, Individually.
9. Approval - Dairy Queen Facility - Conceptual Approval
Of Plat, Assignment of Lease and Lease Approval.
10. Approval
a. Cancellation of MarkAir, Inc. Airport
Terminal Leases.
b. Request for Airport Terminal Leases by
MarkAir Express, Inc.
11. Discussion - Set Board of Adjustment Hearing - Appeal
of Clint Hall/Richka Park Estates Subdivision Plat.
12. Discussion - Kenai Peninsula Borough overlay District
Ordinance.
13. Discussion - Proposed Sale of Kenai Bible Church
Property.
EXECUTIVE 8888SAY (If time and scheduling allows, the yearly
evaluations of the City Manager and City Clerk may be held.)
I. ADMINISTRAT=ON RsPORT�
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
�T. NIBCtl88ION
1. Citizens (five minutes)
2. Council
-3-
KENAI CITY COUNCIL •• RL'Q
OLRR Mb3TINO
JMY 3, 1993
7100 P.x.
KENAI CITY COtwczL causn' R
MAYOR Jon 0. WZT LIAU* PRESIDING
Mayor Williams called the meetingto or
P.M.de
in the Council Chambers in.te Kenai Cat pproximately 7:00
y Building.
A-s, �a OSd,3i
Mayor Williams led those assembled in the pledge of Al
legiance.
1legiance.
A -a . AQW
Roll was taken by the City Clerk. present were: Mon
Measles, Bannock, Smalley and Williams. for,
Absent were Swarner and Bookey.
ASS. "LAROLQM
Mayor Williams requested the following changes to the
agenda..
ADD To: B-Is Barbara Waters presentation - 5/3 95 B.
Springer memorandum regarding the referenced
Property on Kulila Place,
ADD: 2-2 - Lori Landstron - Kenai R
Festival 195, aver
ADD Wo I-10 Mapor•s Report:
a• 4/27/95 Alaska Wetlands Coalition
letter - request for resolution of
support.
b. Draft letter of sup
port Loren Leman regarding House
Bill Bill 2070
MOTIONS
Councilman Smalley MOVED for approval of the
requested ONANIMOIIB CONSENT. Councilwoman a al
amieendedagenda�and
motion. There were no objections... QRbRRRAfOrDECOthe
A-6. CONBFAiT Aemt►m�
Mayer Williams noted he had no changes to the consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 2
NOTION:
Councilman Smalley MOVED for approval of the consent agenda as
presented and Councilwoman Monfor SECONDED the motion. There
were no objections. SO ORDERED.
B-3, Barbara Waters - Dangerous Property on Kulila Place,
Mayor Williams referred to the memorandum added to the agenda
from the Building Official, Bob Springer. Springer had inspected
the referenced property and included his findings in the
memorandum. Williams gave Council a few minutes to read over the
memorandum.
Barbara Raters - 311 Kulila, Kenai. Noted she had not seen the
is memorandum from Springer. Councilman Smalley forwarded her his
copy of the memorandum.
Waters stated the property as it has been left by the owners, is
very hazardous to children who play in the area. Waters noted it
is not appropriate for the children to be playing on private
property, however, it happens. It is her understanding that a
contractor was hired to remove an old trailer on the property and
to clean the property upon the removal of the trailer. The
trailer was removed, however the property was not cleaned.
Waters referred to the photographs she included with her letter
(for the packet) .
Waters pointed out an old boat is situated on the property. The
boat is supported by a jack and blocks of wood. A shed is also
on the property. The shed is open to the elements and contains
vehicle parts, garbage, etc.
Waters added she had heard a rumor the City will repossess the
property. She requested the City raze the property and make it
into a park as there are no parks in that part of Kenai.
Attorney Graves reported the Borough is foreclosing on the
property due to unpaid taxes. The Borough has applied for a
Clerk's Deed, which in turn, will transfer the property to the
City of Kenai. In order for the City to remove the boat it will
cost approximately $350. There are also statutes that delineate
how the boat can be disposed of, either selling or burning it.
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KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 3
Graves added Public Works Director Kornelis has said he will have
the city crews bulldoze the property upon reverting of the . .
property to the city. Before receipt of the deed, the City would
need a warrant to go on the property. He will call the Court
Clerk to expedite the process.
Williams asked if there are contaminants on the property, where
does the liability lie. Graves answered under federal law, the
city would be protected from liability. The former owner doesn't
have any money. There is a chance the State would clean up the
property. However, it is likely the City will have to clean the
property at its expense. Graves added any junk removed from the
property would go to the dump. If there are any hazardous
materials there, DEC will be notified.
Kornelis added the Borough has a program for taking hazardous
materials, depending on what they are. He will have to check
with them at that time.
Williams asked if there was a possibility the owner would sign a
quit claim deed. Graves answered the owner wants the City or
Borough to take the property. He did not think that will be a
problem.
Monfor suggested after acquiring the deed and cleaning of the
property, perhaps the City could consider making the property
into a park for that area. Williams suggested it could be a
candidate for an adopt -a -park.
Barbara Waters stated, after reading the Springer memo, she
wanted to correct the assumption that the parents allow their
children to go on the property. There are those parents (from
other streets) who may not be aware their children play on the
property. However, those on Kulila do not allow their children
to play there. Waters added some of the neighbors have discussed
burying the boat to a level where the children could play on it
safely.
Williams requested Administration to proceed as rapidly as
possible with the acquisition and clean-up of the property.
Monfor suggested this information be discussed with the Parks &
Recreation Commission,. especially the discussion about the
establishment of a city park or adopt -a -park on the property.
Waters requested she be kept informed of the progress.
O KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 4
8-2, Lori Landetrom - Kenai River Festival 195.
Landstrom reviewed the information distributed to Council at the
beginning of the meeting. This will be the fifth annual Kenai
River Festival. It is the first time the festival will be held
in Kenai. The purpose of the festival is to distribute
information in regard to the protection and use of the river
through games, crafts, information handouts, music, etc. The
Festival is being funded through donations.
The Festival will be held at the Leif Hansen Memorial Park on
June 10 and 11. Lanstrom invited the Council to attend.
Councilman Smalley suggested council donate to the Festival.
Williams reminded council the City is donating through the use of
the park and electricity. Smalley suggested the City donate as
it will directly benefit the city.
4) 1[OTIOffii
Councilman Smalley MOVED to donate $300 to the Kenai River
Festival 195. Councilwoman Monfor SECONDED the motion. There
were no objections. 80 ORDERED.
ITEM Cs RDSLIC HEARINGS
C-1a. Ordinance No. 1600-94 - Increasing Estimated Revenues
and Appropriations by $210,000 in a New Capital Project
Fund Entitled, "Airport Sander/Plow Truck."
MOTION:
Councilman Smalley MOVED for adoption of Ordinance No. 1600-94
and Councilman Measles SECONDED the motion.
C-lb. Substitute with Ordinance No. 1600-94 - Increasing
Estimated Revenues and Appropriations by $211,037 in a
New Capital Project Fund Entitled, "Airport Sander/Plow
Truck and Bucket."
MOTION TO AMEND:
Councilman Smalley MOVED to amend with Substitution Ordinance No,
1600-94, Item C-lb in the packet. Councilman Measles SECONDED
the motion. There were no objections. 80 ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 5
There were no public or council comments.
VOTE ON AM MED MOTION=
Swarner: Absent Monfor: YeB
Bannock: Yes Smalley: Yes Williams:Yes,
Bookey: Absent . Yes
MOTION PA38ED VXJW=M0VStY.
C-2. Resolution No. s.. _
General Fund for alVideo Training ing$1.560 in the
MOTIONS Subscription Service.
Councilwoman Monfor MOVED for adoption of Resolution No.
and Councilman Measles SBCONDBD the motion. 95 18
` There were no
public or councilcomntentts.
VOTES
Councilwoman Monfor requested UNANIIlOVS CONSENT. There we
objections. SO ORDERED. re no
C-3. Resolution No. 93-19 - Transferring
General Fund for Shop Repair and Maintenanceisuthe
pplies.
MOTIONS
Councilman Measles MOVED for adoption of Resolution No
Councilwoman Monfor 88CONDED the motion. 95'20 and
There were no public or council comments.
VOTES
Councilwoman Monfor requested ONANtMOUB CON88 There we
objections. 80 ORD=gD. re no
C"40 Resolution No. 95-24Award
-
Kenai Public Dock Station Noin3,the Dock995 Ar Least of the.
a, parking
Area, Office, and One Crane, to Snug Harbor Seafoods
Inc. for $10000 or $.0375/LB Whichever is Gre
ater,
es'
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 6
MOTIM
Councilman Smalley MOVED for approval of Resolution No. 95-20 and
Councilwoman Monfor SECONDED the motion.
There were no public comments. Councilman Measles asked,how the
bid compared with previous years. Kornelis answered, after
soliciting bids last year, both dock spaces were rented for a
total amount of $20,000. This year, one bid was received and one
space is rented at $25,000. The other space continues to be
leased at $15,000 as agreed to last year (a five-year lease).
VOTE:
There were no objections. 60 ORDERED.
C-5, Resolution No. 95-21 - Awarding a Contract for the
Construction of the Kenai Municipal Airport CAP Taxiway
40- 1995 Improvements to Jackson Construction for.the Total
Amount of $65,724.15.
C-Sae Consideration of Resolution.
MOTION=
Councilman Measles MOVED for adoption of Resolution No. 95-21 and
Councilman Smalley SECONDED the motion.
There were no public comments. Williams noted he was very
pleased to have this project underway.. This project has needed
for a long time and they now have an agreement to carry it
through.
VOTES
Councilman Measles requested UNANIMOUS CONSENT, There were no
objections. SO ORDERED,
C-Sb. Award of inspection, Surveying and Soils Testing
Contract,
Mayor Williams reviewed the memorandum included in the packet, as
well as the bid information.
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KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 7
MOTIONI
Councilwoman Monfor MOVED that the City award a contract to Mike
Tauriainen, P.E. for the inspection, surveying, and soils testin
on the K.M.A. CAP Taxiway, 1995 Improvements g
to -exceed amount of $6,980.00. Councilman Smalley 8ECpIrED the
motion.
VOTES
There were no objections. 80 ORDBRRD,
C-6. Resolution No. 95-22 - Transferring
Water and Sewer Fund for Repair and Maintenance
the
Supplies,
MOTION:
Councilman Smalley LOVED for approval of Resolution No. 95-22 and
Councilman Measles 8$CONDBD the motion.
There were no public or council comments.
VOT$1
There were no objections. 80 ORDERED.
�� eoM�=BasoNieoM�sTTE� Rs�oRTg
D"'1 . Council on Aging
Mayor Williams noted the Council on Aging needed a replacement
member and referred to two applications included in the packet
from Betty Warren and Arlene Enfield.
been a past member to the Council on Aging land hasiams tlivedrinn had
area for over 30 years. Williams re � in the
the appointment of Betty Warren to theeCouncil oniA inapprval of
were no objections, g g here
D-2, Airport Commission
Councilman Measles reported there was no meeting
meeting. The next scheduled meeting is May 11.
since the April
0
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KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 8
0-3. Harbor COVAissiaa
No report.
Library Commission
Councilwoman Monfor reported the Commission met last night. They
welcomed new member Lorrene Forbes ° the Bsione abdut futur®r
added the Commission had a very good -discussion
development of the Library. Monfor also reminded everyone of the
Friends of the Library book sale scheduled for June 9 and 10.
Williams noted the Library Calendar marks the week of May 7-13 as
Municipal Clerks' Week.
D-5e Parke i Reareatioa Commission
Councilman Bannock reported the next meeting would be held May 6,
1995.
D-60 Planning ` zoning Commission
Councilman Smalley reported he had notttendhlast
noted meeting
Vicng
as he was involved with the budget session, theSmalley
Chairman Carl Glick was in the audience and requested he report
on the last meeting.
Glick reported the Commission approved a home occupation permit
and reviewed the conceptual plan for the Dairy Queens Action
could not be taken on the Richka Park Estates plat
ere was
not a quorum available for that item (one member, who was
present, abstained, leaving only three members able to vote).
Glick also reported the Commission approved a bad & breakfast
application and a plan for Ward's Cove to add Comprehensive between
Plan
on
two other buildings. They did not work
because of commissioners' absences.
0-70 Miaaeilaaoovs COMMisoions and Committees
Beautification Comittee - Parke & Recreation Director
McGillivray reported the Beautification Committee held a
volunteer orientation on Monday night. They had approximately 16
people attend and received ithe�ar®aofand
theiflowertbeds,feta.
different jobs in regard to
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KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 9
Clerk Freas referred to her memorandum included in the packet.
Freas reported.she had received verbal resignations from Loretta
Breeden and Elsie Seaman. Freas added she did not have any
applications for membership on file.
Williams asked how Council felt about allowing appointment of
members to the beautification Committee who live outside the
city. Smalley stated he did not have any objections and asked
Attorney Graves for his opinion.
Graves reviewed the Code in regard to the policies and procedures
for the boards, commissions and committees. Graves noted the
Code allows ;for membership from outside the city if council
exempts that particular board, committee or commission from the
residency rule.
Councilman Measles suggested this be discussed at another meeting
after further review by the city attorney.
Historic District Board - There was no meeting due to a lack
of a quorum.
E-1. 8/12/95 Work 8088i0n Motes
Approved by consent agenda.
E-B. Regular Meeting of April 19, 1905.
Approved by consent agenda.
None.
None.
1 �
a
� t 1
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KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 10
IT R t = ZVOINEOR
2-1. Bills to be Paid, Bills to be Ratified
MOTIONt
Councilman Smalley MOVED to pay the bills and Councilman Bannock
SECONDED the motion. There were no objections. 8O 0
H-2. Purchase Orders Exceeding $2,500
MOTIONS
Councilman Measles MOVED for approval of the purchase orders
exceeding $2,500 and Councilman Smalley SECONDED the motion.
There were no objections. 80 ORDERED.
H-3. Ordinance No. 1645-95 - Amending Title 4 of the Kenai
Municipal Code, Entitled "Uniform Building Codes,11 to
Adopt and Incorporate by Reference Therein the 1993 and
1994 Edition of Certain Codes.
Introduced by consent agenda.
N-4. Ordinance No. 1646-95 - Amending KMC 4,05.035 of the
Kenai Municipal Code, Entitled "Inspections" to Provide
that As -Built Surveys be Required Only When the Final
Inspection is of New or Enlarged Construction Rather
than Interior Remodeling.
Introduced by consent agenda.
R-5. Ordinance No. 1647-95 - Replacing the Tables Referred
to in the Personnel Regulations (Title 23) to Establish
a New Salary Structure by Grade and New Hourly Rates
for Part -Time Employees,
introduced by consent agenda.
Ordinance No. 1648-95 - Amending WIC 23.50.010(b) by.
Adding a New Pay Classification Called "Airport
Operations Specialist."
Introduced by consent agenda.
.
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KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 11
H-7. Ordinanoe No, 1649-95
Regulations section,
Kenai Municipal Code.
Introduced by consent agenda.
- Amending Landscaping/Site Plan
14.205.020 ARlication of the .
H-8. Approval - Assignment of Lease - Lot 6A, Block 1, Gusty
Subdivision No. 4/From Dan Roberts, Jacqulyn Roberts
and Suzanne Roberts to Black Ice, Inc. and Danielle
Gabriel, Individually.
MOTION:
Councilman Smalley MOVED for approval of an Assignment of Lease
of Lot 6A, Block 1, Gusty Subdivision No. 4 from Dan Roberts,
Jacqulyn Roberts and Suzanne Roberts to Black Ice, Inc. and
Danielle Gabriel, Individually. Councilman Measles 6ECONDED the
motion.
Administrative Assistant Kim Howard
stated they had no problems with the
are current.
VOTE:
and City Attorney Graves
assignment. All taxes, etc.
There were no objections. 00 ORDBRBD.
H-9. Approval - Dairy Queen Facility - Conceptual Approval
of Plat, Assignment of Lease and Lease Approval.
Mayor Williams noted the approval of the concept has been
requested as there are survey and appraisal expenses involved.
Those persons submitting the plan are requesting a conceptual
approval prior to expending those costs.
Val Ischi - Stated she would answer any questions council might
have.
Mayor Williams added it is a two -acre lot. The plan is to split
that lot into two one -acre lots.. Councilwoman Monfor stated she
was in favor if splitting the lot would eliminate the vehicular
traffic on the right-of-way (between the Dairy Queen and Carrs
property) which is very hazardous. Williams noted the plan is to
establish another car wash, contingent on a franchise agreement.
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KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 12
Smalley asked if the access and egress would be from the present
Dairy Queen entrance. Ischi stated they would be sharing the
entryway. The parking lot and entrance would be widened to
accommodate the traffic.
Administrative Assistant Howard noted any costs involved with the
division of the lots, i.e. survey, appraisal, etc., will be borne
by the applicants.
MOTION:
Councilman Smalley MOVED for approval of the conceptual approval
of plat, assignment of lease, and lease approval for the Dairy
Queen facility. Councilwoman Monfor BECONDED the motion.
Williams noted to Ischi the matter would have to be brought back
to Planning & Zoning again for final approval.
• VOTSt .
There were no objections. 60 ORDSRBD.
8-zo. Approval
8-10a. Cancellation of MarkAir, Inc. Airport Terminal Leases.
Attorney Graves explained the cancellation is being handled in
the bankruptcy court and is out of the City's hands. He is on
the service. list. The issue is whether the City wants. to give
the lease to MarkAir Express, Inc. They are current with their
taxes, etc. and are a separate entity from MarkAir, Inc.
Councilwoman Monfor stated she thought it would be a big. .
disservice to the residents of the Peninsula if they did not
approves the lease to MarkAir Express.
8-10b. Request for Airport Terminal Leases by MarkAir gnprose,
Inc*
NOTION:
Councilwoman Monfor MOVED to cancel the MarkAir, Inc. lease.and
lease the space to MarkAir Express, Inc.
.'attorney Graves suggested the motion should include "as set -forth
in the bankruptcy proceedings."
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KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 13
Monfor added "as set forth in the bankruptcy proceedings" to her
motion. Councilman Measles SECONDED the motion. There were no
objections. 80 ORDERED.
BREAK TAKEN: 7:50 P.M.
BACK TO ORDER: 8:07 P.M.
9-11. Discussion - Set Board of Adjustment Hearing - Appeal
of Clint Hall/Richka Park Estates Subdivision Plat.
I
Attorney Graves explained the Planning & Zoning Commission acts
as an advisory body to the Borough Planning & Zoning Commission
on platting matters. Graves referred to the Kenai Municipal Code
wherein it states, "If the City Planning Commission rejects or
withholds approval of a plat, the subdivider may request said
plat be submitted to the City Council." The subdivider may
appeal to the Board of Adjustment. Council needs to set the
appeal within 30 days after the appeal is filed. Ten days'
notice must be given in regard to the date and time of an appeal
hearing. The appeal hearing must be held on May 13. Council
needs to set a time.
It was noted that Councilwomen Monfor and Swarner and Council
Bannock would not be available on Saturday, May 13. Councilman
Measles stated he would not be available for a morning hearing,
but would be available in the afternoon.
Williams suggested a clarification of the ordinance be made for
future hearings. This would allow the running of the 30-day
period to not fall on a Saturday or Sunday. If the thirty days
ends on a Saturday or Sunday, the hearing date could be on that
Monday immediately following.
Williams noted there is a possibility there will not be a quorum
for the Saturday hearing. Councilman Measles stated the Code
states, "set and hold." Graves read from the Code -- "...shall
set a date and hold a hearing on..." If there is no quorum,. the
hearing date could be reset because there is no quorum. There is
no clear answer. Graves stated, his best advice is to hold the
appeal hearing on Saturday and if there is no quorum, another
date would be set.
Bannock suggested Administration talk with the subdivider and.ask
him to withdraw his appeal and refile so the hearing can be held
at a different time. Graves explained the appeal must be filed
• KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 14
within 30 days of the action taken -by the Commission. Williams
added they must set the date and time because of the required
notices needing to be sent, etc.
Graves added the Borough will be holding a hearing on a Richka
Park Estates plat on Monday night. The Borough may approve -that
plat prior to the City's appeal hearing. Williams asked, if.they
approve that plat, could the appeal be moot, unless'the approval
is contingent upon the City's approval. Graves answered he did
not know what the Borough will do.
Smalley added, the City cannot send a message with its Borough
Planning & Zoning Commission representative, as he has abstained
from actions on the plat.
Williams stated there are ongoing discussions between the
principles in which the City is not included. The City must set
the hearing to maintain the city's position.
Smalley asked if the person appealing is not the legal owner of
the property, can he file an appeal,? Graves stated the owner or
owner's agent can file an appeal. With his discussions with Hall
and the owner of the property, Hall is the agent.
MOTIONS
Councilman Smalley MOVBD that the City Council serve as a Board
of Adjustment on Saturday, May 13, 1995 at 9:00 a.m. on the
appeal of the Hall Quality Construction project in regard to.
Richka Estates Subdivision. Councilman Bannock 88CONDED the
motion. There were no objections. 80 ORDD.
Williams requested Council be advised if anything changes in
regard to the need for the appeal.
Monfor stated she and Councilwoman Swarner will be out of state
on the 13th.
Graves reported the City has been sued by a group of.Woodland
property owners who have requested an injunction to stop the
development (cutting down trees, moratorium of development,
development.ot a airport zone, etc.). Graves added a preliminary
court hearing was held and another hearing is set for Thursday
morning. Graves added he,believes the administrative process
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KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 15
should go ahead. He did not take a position of whether th
are cut down. Even if the injunction is granted, the City
to preserve the appeal process.
e
trees
needs
Smalley asked if a quorum of five is required for a Board of
Adjustment. Graves stated he would review the Code.
Williams asked Council if they wanted Graves to draft an
ordinance in regard to holding hearings on weekends or holidays.
Answer was yes.
8-13. Discussion - Kenai Peninsula Borough Overlay District
ordinance.
Williams stated the Borough will hold a hearing on Ordinance.No.
94-52 on May 16 at 7:30 p.m. (overlay ordinance). Williams .
reported he, councilman Measles and Attorney Graves will attend
and testify. Williams asked if the Council should prepare in
advance, if the ordinance is passed, to address the matter before..
Superior Court or wait until their meeting of May 17 to discuss
what action they want to take.
Consensus of council was to wait and discuss the matter at the
May 17, 1995 council meeting. Williams requested the matter be
placed on the May 17, 1995 council meeting agenda.
H-13. Discussion - Proposed Sale of Kenai Bible Church
Property.
City Manager Manninen referred to his memorandum included in the
packet discussing a meeting he attended in regard to the Kenai
Bible Church property. Manninen reported Public Works Director
Kornelis also attended the meeting.
Manninen reported the Church representatives requested the
meeting to advise the City they have an interested buyer for.the
property and asked if the City had any interest in the purchase
of the property. Manninen explained the property consists of one
acre of land east of the Louisa Miller house. The Church has not
had an appraisal done of the property due to the cost involved.
Manninen stated he wanted to advise Council of the information .
and apk if Council had any interest in purchasing the land or
direction to take.
Smalley asked if a price was stated. Manninen answered no, they
haven't done an appraisal and they did not indicate what they.
•
KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 16
wanted for the property. Manninen added he won't know if the
price they get will be what they want. The City won't do an
appraisal and they haven't had one done.
Williams asked why Manninen suggested the cost of an appraisal to
be $5,000. Manninen answered they indicated the Church checked
with someone and that is the amount they were given. The cost of
the appraisal could be a lot more or less.
Some discussion began of exactly where the subject property is
situated. Manninen stated it is across the road, east of the
Miller house. Bannock added, up the river. Williams stated he
wouldn't want to spend the City's monies on that property under
any circumstances due to the sloughing of the property.
Smalley asked if the matter was brought before the Townsite
Historic Board. Manninen stated he did not discuss the matter
with them. Smalley noted they received a copy of the memorandum.
Measles added the Townsite Historic Board did not have a quorum
at their last meeting.
Williams suggested the City take a physical survey of the bluff
beginning from Spruce Street to the city dock in order to have an
understanding of the sloughing and migration of the land.
Williams noted a survey was done in the past. A new survey would
give them a good determination of how fast the land is
disappearing.
Williams added the survey would be needed soon. Williams stated
he would like to budget for the survey this year.
Public Works Director Kornelis was requested to review the old
survey and see what good new information would be to the City,
make a determination if it is appropriate to do a new survey, and
find out an estimated cost for such a survey. include the.
information in the packet for the discussion at the May 17, 1995
meeting.
EXECUTIVE 8EB0ZON (If time and scheduling allows, the yearly
evaluations of the City Manager and City Clerk may be held.)
MOTSON:
Councilman Smalley MOVED to convene in an executive session for
the Council of the City of Kenai concerning matters which by law,
municipal charter, or ordinance, are required to be confidential.
0
gip= CITY COUNCIL MBETING MINUTES
MAY 31 1998
PAGE 17
Smalley requested that City Clerk Preas attend.the executive
session in order that Council hold their annual evaluation tionrnoofnher
work. Councilwoman Measles SECONDED the motion. The
objections. SO ORDERED.
EZZOUTIVS SLRBBION BZGMNs . 9833 P.N.
BJCJ TO ORMs 1080 P.N.
Councilman Measles reported the purpose of the executive session
was an annual evaluation of the City Clerk.
The unanimous in agreeing the City Clarksperforming her job very
well and she was given a good evaluation,
Mayor
a. xisaellanoous - Mayor Williams reminded Council he made
some critical remarks regarding RepresentativeWilliams
activities in the legislature at their last meeting.
added Navarre was out of town for about six days,and he was
concerned those days were during a critical time,in which the
w
City of Kenai needed his representation. Williams reported he
has spoken with Navarre and found that e �ixtof
da�esix there were no
s the
legislature wvote. He told Navarrethe would bring this
bills up for
information to their attention.
Williams added there is a very broad and open lineof
Navarre.
communication between the City and Representative
b. Challenger Center - Williams reported that atw its time
he was not sure of the position.of SH161 an
d HB316. it reported to him that Senator Torgerson advised the EIDD that he
couldn't see his way'to support.the bill as he saw it as "nothing.
but a bunch of fluff."
c. Thompson pant - Williams asked when the assessment
districts would be set for Thompson Park. Korneli.8 answered he
did not know exaCtly. The contractor -has some j009.1aft to
complete. The City would not make final payment
a estimated untilt90 days
after the completion of the work. Korn
he
districts would not be set before the end of'the summer.
Williams requested Administration advise council before setting
the assessment districts. He believes some adjustments need to
U
•
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 18
be considered by council (large lots being charged very high
assessments when the property cannot be used for anything but a
single family residence).
d. Kenai pine Arts Center - Williams requested the
information Council requested from Administration for the June 7
council meeting, be included in the council packet for the May 17
council meeting instead. Williams added he has had some
discussions with Mr. Rovin and they may have a more acceptable
cost for repairs of the building. They feel the roof may not be
in as bad a condition as first thought and the cost for repair
may be much less.
e. Ice Rinks - Williams reported he attended a meeting
with the EDD in regard to the feasibility of placing ice rinks in
different locations on the Peninsula. EDD will be applying for a
forestry grant to fund a feasibility study. There was excellent
information supplied in regard to covered ice rinks.
f. Alaska Wetlands Coalition - Williams referred to a
letter which was distributed to Council at the beginning of the
meeting and added to the agenda for discussion. The letter was
from the Alaska Wetlands Coalition requesting support to assist
the Alaska congressional delegation's efforts to reform national
wetlands policies.
Consensus of Council was to bring forward a resolution to the May
170 1995 council meeting for consideration.
g. R8207/Modification of Oil and gas Royalty Rates -
Williams referred to information distributed to Council at the
beginning of the meeting and added to the agenda for discussion.
Williams referred to a draft letter to Senator Loren Leman which
supports HB207 as it was passed by the House. The letter further
states that "HB 207, as passed by the House, provides the
flexibility in setting royalty terms for marginal fields. This
flexibility will encourage the State and the industry to work
together to change the economic equation for marginal fields,
bring on new fields, extend the life of existing fields and build
a stronger economic base for the future."
Manninen added there was a meeting in regard to this bill in the.
afternoon. Manninen reported he telephoned Senator Leman to let
him know the City was in support of HB 207 and asked to be
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 19
advised if anything happens on the bill. Senator Leman.was no
in and he left a message for . him to return
his added, he had not yet heard from Senator Leman.
Councilman Smalley stated he supported the letter. Smalley
added, he understood this was the betandi8ome of the basic.
Measles agreed and added, he can and
concerns Senator Leman has, but the senate version goes way
overboard. The senate version puts a lot of authority on one
person when there is a big effect on revenue of the
ll cStates,
alls fornd,
at the same time, with the control the se
nothing would get done.
Consensus of Council was to finalize the letter and fax it to
Senator Leman in the morning.
1-2. City Manager
a. Challenger Center - Manninenrreepport gd toe with
Senator Torgerson s M
office and Ashley regard
he
Challenger Center bills. He left a message with Senator
Torgerson's office that the City would appreciate support of the
bills even though Torgerson had some misgivings on the viability
of the project. The bill asks for a feasibility study with no
specific 4ite indicated.
Manninen added he also discussed the matter with Senator Salo's
office. They told him they would speak to various persons to
help get the bill through. They are trying to keep the
feasibility study in the bill.
b. Capital Grants - Manninen reported There ed Theis S2b milliono
ke with Kevin
Ritchie at AML in regard to capital gran
within the Governor's capital improvement.grants. Ritchie
indicated they would be taking out $16 mil+�nwat h the progress
new water/sewer project grants. They need
o
of this. State aid and municipal assistance has not yet been
resolved.
c. ramon Valdes Acquisition of City Lands.- Manninen
referred to Information Item No., FValdezeQilrto 8pi11oT�rustee
McCammon, Ex. Director of the Exxon
Council. The letter was written inrection seliingosomeuofiits
suggesting the City may be inter
river property to the state. Manninen added he telephoned as a
follow-up and has not received a return"call
{
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 20
0
0
�s pes�its - Manninen reported thereisa issue
d. Cateror bingo/gazing
that has come before Administration Ca ereris permit applications for
entities who have submitted Cater has been
multiple dates. The Alcoholic Beverage Control
torrney Graves, etc. The
called. He has not with Chief Morris, A
in the Permits, He (Manninen) wiflcounciing
Chief will be denying
in regard to this matter. on an internal
an internal City the matter, they are working
hears anything olicy to have unlimited
policy. They don't feel it is a proper P the
licensing for $50. This is not the intentngfC unaiI and
catering licenses. He will be
special e event y ofithe policy in the next agenda packet
will have PY
t pa plan - Ka reported he oiCouncilard an
between
e. City
review of the City's pay plan t
internal equity Manninen added, he has discussed the matter
July and September.
with Finance Director Brown and Brownrnal review committeeo
recommendations, i.e• forming an he has had no
f, alp
gyndod ep.sper - Manninin regard to his letter
response from Representative Don Young to hear
ons with the Congressman about theeAh�-fe8nded sweeper
and discussi streets. Manninen added, h p
being used on city
from Peggy
Arness in regard to the matter in the near future*.
I-3, Attorney
Attorney Graves reported a hearing
a. McLane 8ankruptaY - tc on April 28.
i re and to the McLane bankrup y
was held n g
Single -Member Distriate - -
b. ga 247 - Mandating Council. Graves added the
Information Item NO • 6 was reviewed by
elude home -rule cities, but it could wasaheided
bill does not in The
to include them. Clerk grans addeds Conferenceein Anchorage*
while she was attending the Clerk
teleconference wa
s well -attended by municipal clerks. Reports
f
he teleconference were that the bill had bevarreus off ice and
t with
also stated she spoke
d little chance of surviving as it was sent
was told the bill
to a number of committees for review.
MOTION$
Councilman Measles MOVBD wa8included in
AAMC's resolution (which was
in support of the
the packet)- Councilman
•
KENAI CITY COUNCIL MEETING MINUTES
MAY 31 1995
PAGE 21
Smalley BSCoNDBD the motion.
ORDURD.
There were no.objections, Bo
c. Lake Clark - Manninen reported a meetinghad
which he and Mayor Williams attended, along been heed,
from the Nationall Park Service, Lake Clark wi� representatives
the Kenai visitors Center. ationai Park, EDD and
Clarke concept. They discussed the ��Gateway to Lake
and downsizing. The.National Park Service will be areorganizing
g• This could be a great opportunity for the
indlikehthe an opportunity that the City may have City
be downsizing�f building.
to 1Manninen added the parktServicet money
There may be a chance some og employees in the next three will
"Gatewap, One would be of ageoo stcould be in Kenai.
the area. The
_-4 . Citp Clerk
No report.
='"51, FinaAoe Director
No report.
I-6. Pblic Works Director
No report. Kornelis was informed of a sink -hole
Fidalgo and Willow. Kornelis stated he was at the corner of
were investigating the problem, aware of it and they
1"7• Airport Manager
No report.
�'1• Citizens
a• Charlie Pierce - 555 Dolchok, Kenai. the City grader operators for their w thanked
the best winter for snow removal and work on DolPierce chok o This was
had a number of issues to discuss witgrading. Pierce added he
Co
uncil,
1 � '
st Coatroi - Pierce noted funding for dust
control has been in the budget for the last few years. Next.
KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 22
year's budget doesn't start until July. Pierce stated he
hoped dust control treatments wouldn't have to wait until
the new budget.
2. Bpeed fontrol - Pierce reported he was approached
by another vehicle as he was driving down Dolchok with his
family. He pulled over, blocking the road in order to speak
with the person in the other vehicle. Pierce added it was
not a positive discussion. Pierce stated he discussed speed
control problems earlier with the Police Chief. He
requested radar service from the KPD and added that Chief
Morris stated he would direct more patrol in that area.
3. Road UPgrade - Pierce statedwhe talked with
Administration in regard to getting estimates for upgrading
the road base (Dolchok). Information he received stated
Nelson & Associates submitted a cost estimate.
for a progress report, i.e. is the Pierce asked
Pierce added the findings stated therbase wasingoodishape,
however some finer material needed to be added. g shape,
Williams asked if the report had been forwarded to Council.
Pierce stated he received a copy. There were three included for paving the subdivision. Williams requese
tedthe
information be brought to the budget work session of Ma 10.
Kornelis reminded Council the
CIP request. The project was included on the
suggested waiting untilctheaLegislature second on the list. Williams
bringing it back to Council. adjourns before
Kornelis reported they will be applying dust control treatment
soon. There is one treatment included in this budget and two in
next year's budget.
J"a. Council
Monfor - a. Monfor stated her concern that there are
ordinances in the Code that need to be enforced, i.e. junk cars
garbage, vehicles on the State right-of-way, etc. Monfor
requested Jack La Shot and Bob Springer to investigate problems
on Walker Lane, by Eadie's Pawn Shop, the Katmai Motel etc
.
b. Monfor reported a sign being placed at the car wash
which she believes is illegal.
2
. KENAI CITY MAY 3, CO 1995 LWC-TL MEETING MINUTES
PAGE 23
c• Monfor asked the
at Cunningham Park. progress in having matter with Bill Thompson
reported he has a dPayiscus phone
deregulationBOf the Pay P n PTr. discussed thelaced
Y phone s PTI is invests
back. the pay Phones the Ystem and what Carr Ing
Y have now. Thompson issto they will
d • Monfor re call him
ported the Cie.ty looks Very"
Williams MOnfor asked Y, very good.
answered if the plan for dipnetti
to a parking lot. Thes�g could be done for ng is in plat
Purchase propert sty needs to r this year i ®•
requested to se Y °n the beach. decide whether n regard
are interested send letters Administration it will
bins and in sellingto the property has been
Port ill be lots to te Cats. asking if they
Kornells needed. y More
this added there trash
Year. Be felt is no way a Parkin
Place port-a-pottiesit Would be best tog lot could be read
(at the River and trash maintain the road and
Ordering mouth). KornelisContainers at the end
Possibility restrooms. They
the of the road
Y of a sole eY are f y are progressing on
at the last council source purchase. nvestigatin
g the
f. Mo meeting for purchase Money
hewas appropriated
employees nfor Suggested t restroom8•
on June s wishing to attend,h the
This is t invited tohrads and other tit
Presentation he day the a he Chamber Y
ofadvanta is to be made_ he off the Cimtyll luncheon
Often genus for pep Mbe f ntrdd c she thought
Speak with on the phonies odueed to the it would
Council agreedetc. a Persons they
the City'p to invite department
xpense. heads and other
Measles
- employees. at
developed to Councilman
pro Properties fine persons Measles requested
$5oo ies around to Who do not an ordinance be
fine remove am
campaign sie charged to those elections, Measles signs from.
gns. persons whose namesles suggested a
Attorneyappears on the
states lc ayes stated there is a S
He will check of signs cannot be Or Court case
the case and see.1 f regulated before awhichelect
it deals with signs lefaflon.
after
. KENAI CITY COUNCIL MEETING MINUTES
MAY 3, 1995
PAGE 23
c. Monfor asked the progress in having a pay phone placed
at Cunningham Park. Kornelis reported he has discussed the
matter with Bill Thompson at PTI. PTI is investigating
deregulation of the pay phone system and what carrier they will
use for the pay phones they have now. Thompson is to call him
back.
d. Monfor reported the City looks very, very good.
e. Monfor asked if the plan for dipnetting is in place.
Williams answered nothing could be done for this year in regard
to a parking lot. The City needs to decide whether it will
purchase property on the beach. Administration has been
requested to send letters to the property owners asking if they
are interested in selling their lots to the City. More trash
bins and port -a -potties will be needed.
Kornelis added there is no way a parking lot could be ready for
this year. He felt it would be best to maintain the road and
place port -a -potties and trash containers at the end of the road
(at the River mouth). Kornelis added they are progressing on
ordering outdoor restrooms. They are investigating the
possibility of a sole source purchase. Money was appropriated
at the last council meeting for purchase of the restrooms.
f. Monfor suggested the department heads and other city
employees wishing to attend, be invited to the Chamber luncheon
on June 7. This is the day the "showing off the City"
presentation is to be made. Monfor added, she thought it would
be advantageous for people to be introduced to the persons they
often speak with on the phones, etc.
Council agreed to invite department heads and other employees, at
the City's expense.
Measles - Councilman Measles requested an ordinance be
developed to fine persons who do not remove campaign signs from
properties around town after the elections. Measles suggested a
$500 fine be charged to those persons whose name appears on the
campaign signs.
Attorney Graves stated there is a Superior Court case which
states placement of signs cannot be regulated before an election.
is He will check the case and see if it deals with signs left after
4.
M
V
• RBNAI CITY COUNCIL MEETING MINUTES
MAY 3v 1995
PAGE 24
an election. Also, he will investigate whether it would be
appropriate to fine the person whose name is on the sign or the
property owner.
Measles stated he would like the message to get back to the
candidate that the property owner gave permission to place the
sign, but it is the candidates' responsibility to remove the
signs.
Bannock - No report.
Smalley - a. Smalley reported Planning & Zoning Commission
Vice -Chair Glick informed him during the break that there will be
a subcommittee meeting in regard to the overlay ordinance in the
Borough Assemblyroom on May 4, 1995 at 7:00 p.m.
b. Reported he had received a complaint from a person who
moved to the area and whose neighbor was raising pigs on his Iota
Excrement from the pigs moved to his lot during break-up and
rainfalls. He had requested the City Attorney to investigate the
potential for an animal control ordinance which would limit the
size and number of animals for the size of the property. Smalley
asked if Council would have objections to the Planning & Zoning
Commission to review the ordinance. There is no livestock
ordinance in the City. There were no objections from Council to
forward the discussion to the Planning & Zoning Commission.
Kornelis added to the discussion regarding junk vehicles, etc.,
that A&0 Towing had lost their crushing machine and -are trying -to
get it back. Kornelis also stated from time -to -time an updated
listing of zoning problems is forwarded to Council for their
review. Smalley requested the update be placed in council
packets.
The meeting adjourned at approximately 11:08 p.m.
Minutes transcri
Caro L. eas,
and submitted by:
APMOVED by COINCL
i
DAII . CL5W