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HomeMy WebLinkAbout1994-04-06 Council MinutesRMAI CITY COUNCIL - RVIGULAR MEETING APRIL 61 1994 7800 B.M. RENAI CITY C0VVCIL CH M OMR8 A. CA" T4L.gam 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk,(*),are considered to be routine and non -controversial by the Council and will be approved by one motion. There.will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, B. UCREDULBD V_WL=c Corn= (10 Minutes) C. VVRLIC ZMZNN 1. ordimanao No. 1505-94 - increasing Estimated P.evenues and Appropriations by $435,000 in the General Fund for Settlement of Claims for Utility Relocations Made by Homer Electric Association, Inca a. Motion for introduction b. Motion for Second Reading (Requires a Unanimous vote) c. Motion for Adoption 2. Resolutioa No. 94-15 - Transferring $3,000 in the General Fund for Legislative Transportation. 3. Resolution No. 94-16 - Requesting that the State of Alaska DOT/PF Make Special Design and Construction. Considerations for the School students That Will Be Crossing the New Five -Lane Kenai Spur Highway. 4. Resolution No. 94w17 - Transferring $5,514 in the General Fund for Additional Salary and Benefits for an Engineer Technician. r • • D. 5. Resolution No. 94-16 - Granting a 10 Ft. x 310 Ft. Easement on the West Side of Walker Lane at the Junction of the Kenai Spur Highway And.Walker Lane (Airport Lands) to the State of Alaska, Department of Transportation & Public Facilities, 6. 1994 Liquor License Renewal PROTEST . IIIT3RRNAL - Kenai Joe's - Beverage. Dispensary/One Year. 7. *1994 Liquor License Renewal -Pizza Paradisos.-- Beverage Dispensary/One Year.. 8. *1994 Liquor License Renewal - Kenai Country. Liquor - Package Store/Two Years. 9. *1994 Liquor License Renewal - Casino -Bar - Beverage Dispensary/Two Years. 10. *1994 dames of Chance and Contests of Skill monte Carlo Permit Application - Fraternal Order of Eagles 03525. 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. *Regular Meeting of March 16, 1994. F. CORRLBBONDBNCE G. OLD RMNESS 1. Approval - Mission Street Improveanents/,Amendment to Engineering Contract. 2. Disoussion - Land & Water Conservation Fund Grant Application/Restroon Facility Upgrades'. 8. N= BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- 6 • 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1594-94 - Increasing Estimated Revenues and Appropriations by $1,875 in the Senior Citizens Borough Special.Revenue Fund. 4. *Ordinance No. 2586-94 - Increasing Estimated.Revenues and Appropriations by $686 in -the „Miscellaneous older Alaskans Grants" Fund. 5. *Ordinanoe-No. 1587-94 - Increasing Estimated Revenues and Appropriations by $20,265 in the Senior Citizens - Borough special Revenue Fund. 6. *Ordinance No. 1568-94 - Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund for a Handicap Accessible Water Fountain, 7. Discussion - Setting Public Hearing Date - Evergreen/Haller Special Assessments, 8. Discussion - Proposed Ice Rink/Permanent Fund Donations. 9. Discussion - Special Use Permit for Lots 2&3, Block 5, Kenai Townsite East Addition/Central Peninsula Counseling services. 10. Approval - Amendments/By-Laws and Rules.of Procedure. for Mayor's Council on Aging. 11. Approval - Design Increase/Thompson Park Water & Sewer Project, 12. Approval - Assignment of Lease - Lots 5 & 6, Block 3, Cook Inlet Industrial Air Park/B. Kline to L. Schilling. 13. Approval - Amendment to Lease - Automated Flight Service Station/Adding Building Restriction Clear Zone Easement, 14. Approval - Change Order No. 10, Kenai Courthouse Project/G&S Construction - $11,771.00. M�- � I -�O-O-J-C4AJ.A-4 -(-$I � a 1. Mayor 2. City Manager 3. Attorney. 4. City Clerk -3- I RENAI CITY CO=CIL RBGOLAR MEETING APRIL so 1994 7100 P.N. RENAL CITY COUNCIL CHAMBERS MAYOR JOHN J. NILU MS, PRESIDING TO Mayor Williams called the meeting to order at approximately 7:07 p.m. in the Council Chambers in the Kenai City Hall Building, A•i. PLilme OF ALLFdUM Mayor Williams led those assembled in the Pledge of Allegiance. A -a . ROLL C71LL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, Bookey, Swarner and Monfor. A-59 Mayor Williams requested the following changes to the agenda: ADD= C 3, Resolution No. 94-16 - Additional Information/ DOT response to Dahlgren letter. G-Z, Discussion/Land i xatez Conservation Fund Grant - Additional information/ T.Manninen memorandum regarding Grant Lapsing/ Reappropriation. H-9, Discussion/Special Use Permit/Central Peninsula Counseling Services a. 4/1/94 letter and-CPCS Resolution No. S. b. 4/5/94 TM memorandum w/ recommendations. t-2, City Manager ' s Report - The Alaska Journal of Commerce article regarding Kobe Steel. I -a, City Managerls Report - 4/5/94 memorandum Ashley ' Reed. taformation =ten No. 13 - 4/1/94 KVCB letter requesting additional $25,000 for development of new brochure. 0 • • KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 2 MOTION$ Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. A-6• Mayor Williams requested the following change to the Consent Agenda: ADD: C-11, 1994 camas of Chance and Contests of Skill Application - Alaska Independent Blind, Councilman Bannock requested a correction to the minutes of March 16, 1994, page 9, fourth paragraph. Change "Measles and Bannock objected." to "Measles and Bookey objected." Councilwoman Swarner objected to adding Item C-li to the Consent Agenda. Swarner stated Sanderson has been involved with some legal proceedings within the state. Councilman Measles stated any time on the consent agenda may be removed by a single request. There were no objections to removing Item C-11 from the Consent Agenda. Williams requested the application be placed on the next meeting agenda for review. Measles stated the question was to remove the item from the consent agenda and it will now be discussed on the regular agenda. NOTIONS Councilwoman Swarner MOWED for approval of the amended consent agenda. There were no objections. So ORDERED. None. • KENAI CITY COUNCIL MEETING MINUTES APRiL 61 1994 PAGE 3 ITEM C: BOHLI@ HEARD C-10 Ordinance No. ISBS-94 - Increasing Estimated Revenues and Appropriations by $435,000 in the General Fund for Settlement of Claims for Utility Relocations Made by Homer Electric Association, Inc. C-la. Motion for Introduction MOTIONS Councilman Smalley MOVED for introduction of ordinance No. 1585- 94 and Councilman. Bookey BFCONDED the motion.. There were no public or council comments. VOTs: , Councilman Smalley requested ONANIMOOB CONSENT. ..There were no objections. 80 ORDERED. C-Ib. Motion for Second Reading MOTION: Councilman Smalley MOVED for the second reading of Ordinance No. 1585-94 and Councilman Bookey 8ECONDED the motion. Measles asked why the ordinance needed -to be -introduced -and passed in one meeting. City Attorney Graves stated HEA is considering the settlement agreement on April 28. HEA and.the City have already received a thirty -day continuance and they do not want to hold the court any additional time. There is a time crunch. HEA will incur a considerable cost to brief their case if the settlement is not approved by both parties. VOTE: Councilman Smalley requested UNANIA090 CONSENT. There were no. objections. 80 ORDERED. • KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 4 • C-Ice Motion for Adoption MOTIONt Councilman Smalley MOVED for adoption of Ordinance No. 1585-94 and Councilman Measles SECONDED the motion. There were no public comments. Measles asked if it was fairly certain both sides will accept the agreement. Graves stated Mr. Story of HEA stated he felt the HEA board would accept. Graves added he felt Story would not have signed the table agreement if he did not believe the board would approve the settlement. Manninen added Story stated he would try to sell the settlement to the board as he was to do with the Council. Williams thanked Manninen and the staff for bringing the settlement to this point. VOTE 1 Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED VMXMOVSLY. C-2. Resolution No. 94-15 - Transferring $3,000 in the General Fund for Legislative Transportation, MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 94-r15 and requested W=ZMOOS CONSENT. Councilman Measles SECONDED. the motion. There were no objections. SO ORDERED, C-3. Resolution No. 94-16 - Requesting that the State of Alaska DOT/PF Make Special Design and Construction Considerations for the School Students That Will Be Crossing the New Five -Lane Kenai Spur Highway. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 94-16 and Councilman Smalley SECONDED the motion. There were no public comments. Councilwoman Monfor stated this. item was discussed before. Monfor added she did not know if the • RENAI CITY CQUNCIL METING MINUTES APRIL 6, 1994 PAGE 5 resolution would help in the School Districtfs request, however,, it will show -good .faith between the City and the. School District. Monfor added the School District is going to request the School Board to strongly request the State to upgrade Forest Drive. Williams asked if there was unanimous consent. Councilman Bannock objected. VOTES Measles: No Bannock: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monf or : Yes MOTION PROBED* C-40 Resolution X0. 94-17 - Transferring $5,514 in the General Fund.for. Additional Salary and Benefits.for an Engineer Technician. MOTIONS Councilman. Smalley MOVO for approval of Resolution No. 94-17 and Councilwoman Swarner 8ECONDED the motion. There were no public comments. Councilwoman Swarner questioned the Range 10 and that there is no classification for an engineerin technician at -this time. Swarner asked if there are any school ng requirements for an engineering. technician. Kornelis stated the position is now filled by a graduate civil engineer. Williams stated he is not against continuing the position until the end:of the fiscal year. However, before making this a full-time position, ..Council needs to revisit the discussion. Williams added if there is sufficient amount of work, continue the position as temporary after June 30, but after full review. Williams added it appears to hilt with...less money going to the State, the work load may decline in Public 'Works. Williams stated he. did not believe the City will. be doing any - large projects in the next few years -like there have been in the past. Swarner asked if•there were comments from other City Administration. Brown asked Council not to interpret La Shot's memorandum (included in the packet) that there is a change in e � :. 1, .I. _ i•, .. ,. .•.' 1.. � � ) s • KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 6 range now. There has not been a range change made. Williams stated the amount included in the resolution is an estimation for the remaining two months. Manninen stated the.position change,from part-time to full-time was included in the budget. Manninen reviewed other range change requests. Councilwoman Swarner asked for the question. VOTES Measles: Yea Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PA88$0 9"JOINODBLY. Resolution No, 94-18 Granting a 10 Ft. x 310,Ft. Easement on the West Side''of Walker Lane at the Junction of the I Kenai Spur,Highway and Walker Lane (Airport.Lands) to the State of -Alaska, Department of Transportation & Public Facilities.' MOTIONS councilman Measles WVED.for adoption of Resolution No. 94-18 and Councilman Smalley 02CONDRD the motion. There were no public comments. Smalley stated.there.was a question asked at the Planning & Zoning Commission meeting.'. It was whether the easement was needed for the expansion of the highway or to place.a light.. Administrative.Agssiatant Howard referred to the easement included in the packet.. The easement states the purpose.is for "installing and 'maintaining public utilities." VOTE: Councilwoman Monfor requested UNNINOUB.CONBENT. There were no objections., go ORDERED. C-60 1994 Liquor Licestoo Ronewai - PROTEST WITUDISANAL Kenai Joel -'Beverage Dispensary/One Year. • KENAI CITY COUAICIL MEETING MINUTES ApRIL 60 1994 PAGE 7 MOTION= Councilman Smalley MOVED to withdraw the Cityle.protest.on the 1994 alcoholic beverage license for Kenai JoG. obsecand Councilman Measles SECONDED the notion. There were n ORDERED. C-Y. 1994 Liquor LiaaUaa Removal - Pizza Paradises Beverage Dispensary/One Year. Approved by consent agenda. 1994 Liquor License Removal - Kenai Country Liquor - Package Store/Two. Years'. Approved by consent agenda. J C-9. 1994 Liquor License Renepal - Casino Bar - Beverage Dispensary/Two Years. Approved by consent agenda. 0-10. 1994 dames of Chsaos and contest* of skill. Monte Carlo permit Applicatioa -.Fraternal order of Eagles 03525. Approved by consent agenda. C-11. 1994 Games of Chance and Cout6sto of Skill Application - Alaska Independent Blind. MOTION: Councilman Smalley MOVED for approval of the 1994 Games of Chana and Contests of Skill Application for the Alaska Independent Blind. Councilman Bannock SECONDED the motion. Swarner stated she did not support the approval of .this application because the president has been involved with.fund raising activities in the local area and�had been',involved in legal proceedings. Measles.asked if the legal proceedings were related to gaming activities. Swarner stated -AM could mot answer that, however could find out if Council wanted to take a. break. KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE S Williams asked Police Chief Morris if he had an r application not to be approved. had referred reaton for the application and noted all questions on the back a e under 12 had been marked anon . P g Item Williams stated even if Council does not a application, the State will probably stillpaprove this added the organization is known. by him to bapproe a ee it. Williams and the L. Rude scholarship Fund is operating outofgroup Williams added he had no objections to the approval Anchorage, application. p of the VOTE: Measles: Yes Williams: Yes Monfor: Yes NOTION PAGOND O Bannock: Yes Smalley: Yes Sookey: Yes Swarner: No D-1. CoUnail on Aging Councilwoman.8warner reported the minutes of. were included in the paoket.' swam he last meeting: discussed during the Council on Aging et tonight'schanges. tonight s agenda, g were -included on Williams referred to New Business Item R-10$, By -La Williams noted one of the changes was fQr a se Law amendments. instead of a n�,ne-member board, ember board can allow for a nine-memberard*' Williams stated the City Council she believed it would be better. representationiif'i Porter stated member board. Porter added. there had never been a nine a nine - board becausq'the Code states boards, etc. abe.to have e member. :aembers. Porter added the Council on Aging thou hteseven.. had been incorrect from, the beginning, g by-laws Williams requested the topic be re�revfw ed Aging and brought back he City Council. ack to Council at the enext by the Council on were no objections from t meeting. There • KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE 9 D-a, Airport Commission Councilman Measles reported no meeting was held since the last council meeting. The next meeting is scheduled for April 14. Williams stated he discussed the paving of the taxiway by the Civil Air Patrol while at a CAP meeting. The CAP stated they Will be very appreciative if the City can work through the FAA in order to have it paved. Ernst stated they are awaiting approval from FAA. The item will be brought back to Council for approval. D-3. Harbor Commission Councilman Bookey stated the next meeting is scheduled for Monday, April 11. Bookey stated he will be out of town and asked for another councilmember to attend. Councilman Smalley stated he could attend. D-4• Library Commission Councilwoman Monfor reported a Library Commission meeting was held last night. The minutes will be included in the next packet. Monfor also reported an Alaska Legislative Certificate was issued for Celebrating Kenai Public Library for 45 years of service. Monfor thanked the Legislature. Monfor announced beginning Sunday, the Library would be open on Sundays (during April) from 1:00 p.m.-4:00 p.m. During those days, the library will be staffed by volunteers. Williams suggested the certification be read during the next Chamber luncheon. Williams also suggested Clerk Freas have the certification framed for placement in the library. Costs to be borne by the Council's Legislative budget. D-5. Parks i Reareation Commission Councilman Bannock reported the minutes were included in the packet. Bannock reviewed actions and discussions of the Commission. D-6, planning i Zoning Commission Councilman Smalley reported the minutes were included in the packet. Smalley reviewed actions and discussions of the Commission. Smalley reported reconsideration has been requested for the action taken on the Fisherman's Point Sa."j 4 i • RENAI CITY COUNCIL MELTING MINUTES APRIL 61 1994 PAGE 30 The Cone boat launch Corps of Engineers permit application was approved. It was noted if there will be charges for use of the launch, a conditional use permit will be required*.. „ Smalley also reported the Commission will begin discussions and. process of rezoning properties along the Spur Highway which is the Commission main objective for this year. Swarner stated she received complaints from Barabara Drive residents (regarding Fisherman's Point Subdivision) that they were not notified of the vacation request. Swarner added she questioned the Planning secretary and was told she does not normally notify adjacent property owners in regard to a petition to vacate. Swarner stated she believed adjacent property owners should be notified generally. Measles stated a change in the code would be necessary in order to do that. D-7. Miscellaneous Commissions and Committeoss Williams reported the Sister -Cities Kenai/Okha democratization exchange is moving along. Williams invited councilmembers wanting to go along, at their own expense, to inform Linda Bonewell. BRBAK TAKEN: 7= 5 5 P O N* BACK TO ORDERt 8816 P.M. ZTXM 2 s XXXM8 B-i. Regular Meeting of March 16, 1994. Correction requested (see consent agenda approval).. Minutes approved as corrected by consent agenda approval. None. I, TEM,_Q s OLD BQ8IN888 0 • • KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE it 6-1. Approval - Mission Street Engineering Contract. Improvements/Amendment to MOTIONS Councilman Measles MOVED for approval of Amendment No. 1 of Mike. Tauriainen's contract on Mission Street Improvements mpro ementswoman saccording to the documents included in the packet. Co warner sECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. s0 ORDERED. a_2. Discussion - Land & Water Conservation Fund Grant Application/Restroom Facility Upgrades. Smalley asked if anything had to be done witht this ite isitem until grant. September 1. Manninen stated not on the g bluff Manninen added the Legislature is considering action to reappropriate existing grant funds. Action does not need to be taken on grants that would be lapsing in Septtembeer•bu funding may want to consider doing it if they want P t for another project. Manninen stated he is not sure hestaffunding can be swapped. Manninen requested direction for the to find out if grants are "swappable." MOTIONS Councilman Measles MOVED that the Administration pursue this to determine if this grant is "swappable" for another thin oject standand as if so, do the necessary paperwork. If not, lea things they did at the last vote. Councilman Smalley sECONDND the motion. Councilwoman Monfor requested UNANIMOUS CONGEST. There were no objections. 90 ORDERED• Bannock suggested the le�tawarecwhetherude a ritoisended swappable. Manninen stated he is no ems. M BUBINE B g_1. Bills to be Paid, Sills to be Ratified MOTION$ Councilman Smalley MOVED to pay the bills. There were no objections. 8o ORDERED. KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE 12 g.•80 purchase orders Exceeding $1,000 MOTION: Councilman Measles MOVED for approval of the purchase orders over, $1,000 and Councilman Smalley BECONDED the motion. There were no objections. 80 ORDERED. S-8, Ordinance No. 1594-94 - Increasing Estimated Revenues and Appropriations by $1,875 in the Senior Citizens Borough Special Revenue Fund. Approved by consent agenda. 8-4. Ordinance No. 1586-94 - Increasing Estimated Revenues and Appropriations by $686 in the "Miscellaneous Older Alaskans Grants" Fund. toApproved by consent agenda* ordinance No. 1587-94 - Increasing Estimated Revenues and Appropriations by $2,265 in the Senior Citizens Borough Special Revenue Fund. Approved by consent agenda* e g..6. Ordinance No. 1588-94 - Increasing Estimated Revenues and Appropriations by $1►500 in Fountain. General Fund for a Handicap Accessible Water Approved by consent agenda. 2-7. Discussion - Setting Public Hearing Date - Evergreen/Haller Special Assessments. MOTION: Councilman Smalley MOVED to set ortheGi111igecondhearing Avenue, the Third Evergreen, Haller, McKinley, Nth ' cuing special Avenue, Fourth Avenue, Jefferson, and Eadies Way p assessment district for May 41 19NDthe motioar ThereCouncil were.no Mee -'Zing.. Councilman Measles sECOED the n objections. 8o ORDERED. 0 • KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE 13 g..e. Dieou8eiaa - Proposed Ice Rink/Permanent Fund Donations. Williams informed Council he requested this item be brought get to Council. Williams stated he believes it near impossiblettos with funding for an ice rink at this time- back off of the project for the Task Force. They have agreed now. There were only four applications filed® star hothers that checks to go to the City forthe of®the eocondition of the state would gladly do it. Becau funding potential, Williams asked Council to take necessary actions to discontinue the project. MOTION: Councilman Smalley MOVED that the ece riit promotion/development Of nk necessary steps to seek checks passedint n their'Permanent Fun Measles 88CONDED the motion. send in the the sto the. have already a City. And, Y notified those people who did file a form withat ethsould m that the project has been discontinuedtoncomdeto them personally. application for their checks stated he still believes this type of facility would be Smalley is a very good for the area and that it viable theretwas be done if they th®C uncilthe nofnthat thought* currenae of Attorney Graves stated they did not St to for the checks to come to the con VOTE: discontinue the project and take whatever for the individuals who had this account. Councilman Councilman Smalley requested MWIN098 CONSENT. objections. 8o ORDERED* Lots 20 t Block 5, peninsula g..s. Dissuasion - Special Use Permit for Kenai Townsite East Addition/Central Counseling Services. Manninen reminded Council the Central Peninsula Services (CPCs) same to the aniogfseveral egbuilai building. the city on which to build requested bids from approximatelyfour K n$ibuionaein of four different sites (t There were no Counseling ago for land from Since then CPCS to build on one Soldotna) . The • RBNAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 14 successful.bidder is using lots across from Lots 263, Block 51 Kenai Townsite East Addition. The reason they have started their building project is to protect fundientpand Davis�Bacon d from the State and get away from city involve requirements. The developer is requesting vacation of a street and/or donation of two bluff lots across the street (from their buildingthe site) to develop into a park. A park would not obstruct view of the river. a Vacation of the street must be approved by the Borough. The Borough cannot vacate a street when there.are multiple owners of the adjacent properties. Access must be afforded to all property owners. Manninen stated he is requesting either vacation of the street or use of the street for parking. CPCS now leases space in the Tangent Building.. When their lease ends, they want to move into the new building with a lease/purchase agreement. Manninen stated Williams and he have had one or two meetings with the contractor. Manninen stated referenced lots requested for the park.are tax reverted properties. Kim Howard has suggested the special use permit for non-exclusive use of the property. Manninen suggested Council could consider a special use permit instead of outright donation of the land. Monfor asked the following questions: (1) Will this be going to Planning & Zoning -before doing anything? (2)_ If Something can be worked out, it should not be done with the contractor. Monfor added the City should not deal with private problem tenteipprinon seIt it snt good. Monfor added she did not have organization. However, the City cannot donate to private enterprise'as it would open a Pandora's box. Monfor added the property is prime property even if it is sloughing .off . Monfor was concerned about. that and believed there should be a lot of. discussion in regard to the suggestion. Manninen stated they are not trying to by-paPs the Borough.or. City Planning & Zoning. The special use permit would be for non- exclusive use. Manninen also stated the city Parks & Recreation Department would not maintain the park. KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 15 Monfor asked who would be using the park. Manninen stated it would be a non-exclusive use. The park could not be restricted to client or personnel use. Graves stated a 14-day cancellation clause was added. The lots are tax -foreclosed properties. Under the Kenai Municipal Code, the City cannot donate property to anyone but a low-income housing purpose (Habitat for Humanity). With the permit,'a non- exclusive use of the property is allowed by the public. If there is a problem or the former owner repurchases the properties, the permit can be canceled. Swarner asked if there was a cost for the permit. Graves'stated no. Williams stated the City will be giving the grantee the right to landscape and maintain the property. Williams stated he has looked at the property. There may only be 25-30 feet to where the street is. Bannock asked if the special use permit only concerned the area south of the street and the City is not dealing with anything from the parking lot and north. Graves stated the special use permit does not deal with the right-of-way. The contractor will have to take that up with the Borough. However, if the right-of- way is cut off it will stop access to the other properties. , Graves stated he believed the Borough will have a problem with vacating the right-of-way. Bannock asked if the permit dealt only with the two lots, not with the right-of-way, etc. Answer; Yes. Rick Vann - Contractor (Sundance Construction). Indicated on an available map of the properties, those lots being requested for donation/conditional use. Vann stated the lots are too small to build on due to the sloughing of the bluff. AT BASE: 8:43 P.M. (to review map) BACK TO ORDER: 9:00 P.M. MOTION: Councilwoman Monfor MOVED to recommend Administration meet.with CPCS and direct the building contractor to proceed through the channels at the Borough and City Planning & Zoning Commissions and then to come back to Council. Council will then take care of whatever is left in order to have a special use permit for the park. . KENAI CITY COUNCIL MEETING MINUTES APRIL 6, 1994 PAGE 16 Williams added the contractor needs toadded the Cityehasiahthe liabilityer sequence of events. Williams s the problem. If the land is vacated and the former owner pay taxes, the former owner could sue the city for remlow vinghis the Borough right-of-way to the property. The City will government to handle the item first and then come to the City.. Councilwoman Swarner BLCONDBD the motion and requested 9MIN008 CONBENT. Vann stated it will not do any good to go to the Borough. He needs something from the City to submit to the Borough. Measles stated tie Borough is the body that vacates rights -of -way. Measles stated a special use permit would only be for the lots, not on the right-of-way. Vann stated he did not know how to proceed. Smalley stated in Munfor's motion she statedto direct if it could be a Administration to work with CPCS. Smalley asked friendly motion that Administration assist CPCS in drafting the language that requests the Borough for what he needs to request. Monfor stated she did not have a problem with the scenadded she believes it must be done in the proper order. monfor did not believe Council is the body to address at this time. Smalley asked Vann if that would help. Vann stated yes. IGrarves suggested Vann call Dick Troegher at the Borough and make, an appointment to find out what he needs to do. Vann stated he has done that. Vann added he does not have anytshing not to take t owner -of -all Borough. Vann stated the rules are if he is the property around those lots, he cannot get the vacation. Monfor stated have Administration work on the problem. if.the problem needs to be brought back to Council, okay, but go through the channels first. Williams stated the discussion would be set aside. Williams directed Vann to make an appointment with Manninen and see tta plan of action can be set in motion. Maybe discuss the matter with Troegher and the City. Williams added there is a potential. of a foreclosure sale. More in-depth discussion is needed before the matter can be resolved. 40 KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE 17 H-10. Approval - Amendments/By-Laws and Rules of Procedure for Mayor's Council on Aging. See Item D-1. H-13.. Approval - Design Increase/Thompson Park Water & Sewer Project. Bannock asked if it is the City's job to anticipate the work or the contractor's job. Kornelis answered this has not had to be done before. Kornelis explained the ADEC is requiring a waiver of the separation distance between the property owners' existing wells and the new city sewer main. All the wells and septic systems will not be abandoned at the same time. During the time the abandonments take place, a waiver will be needed. The engineer went over budget because 39 wells had to be accurately located in order to acquire the waiver. Bookey asked why the City has to do this and not the property owner. Kornelis answered assurance is required for when the second main is put in that the systems are in compliance with separation. Kornelis added he believes DEC is afraid the City will not make the property owners hook up. Williams suggested the DEC absorb the cost. Swarner stated she did not think the City should have to do it. Kornelis stated the work has already been done. Kornelis added the work is to assure there will not be a well within 100 ft. of a sewer main. DEC wants a waiver first before the project can go forward. MOTIONS Councilman Bannock MOV$D for approval of an increase of $1,400 in Mike Tauriainen, P.E.'s contract on the Thompson Park Water and Sewer project to cover the costs mentioned in their letters of March 3, 1994 and March 23, 1994. Bannock stated he thought it silly to hold up the project for $114000 Councilwoman Monfor BECONDBD the motion. • e KENAI CITY COUNCIL MEETING MINUTES APRIL 61 1994 PAGE 18 VOTES Measles: Yes Williams: Yes Monfor: Yes MOTION VASSED. B-12o Approval - Cook Inlet Schilling. MOTION: Bannock: Yes Bookey: Yes Smalley: Yes Swarner: No Assignment of Lease - Lots 5 A 6, Block 3, Industrial Air Park/B. Kline to L. . Councilwoman Monfor MOVED to approve the assignment of lease for Lots 5 A 6, Block 3, Cook Inlet Industrial Air Park from Bernie Kline to Louis Schilling. Councilman Smalley SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENTe, Administrative Assistant Howard identified the property to the Trading Bay Professional Center. VOTE: There were no objections to the request for unanimous consent. 00 ORDERED. H-13. Approval - Amendment to Lease - Automated Flight Service Station/Adding Building Restriction Clear Zone Easement, MOTION: Councilwoman Monfor MOVED for approval of the amendment to lease for the Automated Flight Service Station adding a building restriction clear zone easement. Councilman Smalley BECOND$D the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, B-14. Approval - Change Order No. 10, Kenai Courthouse Project/GAS Construction - $11,771.00. Councilwoman Monfor asked why the change order has just come through. Kornelis stated he has been after the architect to get this for a quite awhile. Kornelis did not know why it took the . ICENAI CITY COUNCIL MEETING MINUT&3 APRIL 61 1994 PADS 19 architect so long. It is his understanding this is th NOTIONS e Councilwoman monfor.MOV20 for approval of Change Order No. 10, Kenai Courthouse Project to G&S Construction for $11,771.00. Councilman Smalley 88CONDED the motion. Councilwoman Monfor requested=MOUB CONOUT. There were no objections. Bo ORDERED. I-1. Mayor a. Historic District Board - Councilwoman Monfor referred to the memorandum included in the Clerk's.Report,regarding a historic preservation workshop to be held in May. MOTION: Councilwoman Monfor X0VBD to recommend not someone from the Board. attend, but for either Kim Howard or Jack La Shot attend. Councilman Smalley 88CONDED the motion. Monfor stated the membership of the board may change.. Sending a city employee will help the continuity between Administration.and the Board. Williams stated Council can review the material from the workshop with La Shot and/or Howard at the May 18, 1994 meeting. An organizational meeting with the Historic Board will be .set for after May 18. b. WoMation item No. 12 Williams asked Kornelis if he has reviewed the State's Priorities.and Transportation Needs List. Kornelis stated he had and has made no changes., Forest Drive, Mission Street and the Spur Highway projects are on the list. 1-2. city Manager Men* y a. Men to Ashley Reed - Manninen referred .to his. memorandum which was added to the•packet,at the beginning of the • 10ENA1 CITY C011NCIL MSETING MINUTEB APRIL 61 1994 PAGE 20 meeting. Manninen stated he faxed,the MONO to Reed. Manninen does not expect to get.; a response from him. b. AMMA Conference - Manninen asked ifCouncil he had edanyNo questions from his report about the conference questions. Councilman Measles requested a copy of any resolutions/ordinances assed which council requests be forwarded to legislators be also forwarded to Ashley Reed. t-3. Attorney a. Contaminated Boils - Attorney Gravalssrepo tedihe met egard with a representative OftcasAttorney Goner to the contaminated soils nd .. ee b. Congregate sousing - Graves reported Gum to Councilsto ` met with Sam Gaston. He will forward a memoran report further on the meeting. a. Modes -- Graves reported the City has filed a coadded La t against Gus Rodes in regard -to junk cars, etc.. Shot has other cases to file against as well. Council may be receiving complaints. I-4. city Clerk ' a. Volunteer Reception - Freas referred toherte formemorandum included in the packet and �B�ettforCApri11sea22 to be held at the reception. The reception visitors Center. Freas is to review list of volunteer names for any "old timers." b. Budget Rork sessions - The following work sessions were scheduled: 4/13/940 6*oo p.m, Kenai Senior center; 4Cit/9Ha11.g0 p.m., Kenai Senior Center; 4/18/94, 6.00 p.m., Ken y The 4/13/94 meeting will be to prioritized goested to order and begin work ongthgandwiches,budgete Fetca for thwas euwork sessions. pizza, cold drink , I-5. Finance Director KENAI CITY COUNCIL MEETING MINUTES APRIL fi, 1994 PAGE 21 I -Go Public Works Director Kornelis reviewed ongoing projects with Council: a. Leachate Project - Final report should be ready for the next council meeting. b. Contaminated Soils - Bookey reported the cover was coming off the dirt pile on the east side. c. interceptor Line - Substantial completion may be ready for next council meeting. d. Water a Bower Project - Bid opening scheduled for April 28. A public hearing is being planned after the bid opening in order to tell the property owners who the contractor is. e. Airport dates - Materials are on the way. f. Mission street - Met with DOT in Anchorage. Has been informed an environmental analysis will need to be completed. A public hearing is also required. They hope to get the project. done this year. g. Fueling system - Will be contracting it out for the piping. The power is already there. h. Dock Floats - The crew is rebuilding the dock floats and redoing the decking, etc. i. safety Plan - The part-time engineering technician is working on a safety plan. J. Airport signage - Bid opening on April 25. k. Telemetry system - Parts are ordered. Kornelis recommended Alan Houtz for continued work. 1. vactor Truck - On its way. Councilwoman Swarner asked how much of Marathon Road does the City maintain. Kornelis stated none. Kornelis added the city paved a portion of it. The oil companies maintain it. The picture in the paper was not of a City grader working on the road. Smalley asked the progress of the well on Beaver Loop. Kornelis reported test information has be returned. There is one borderline problem. I-7. Airport Manger No report. • • • KENAI CITY COUNCIL MEETII APRIL 6, 1994 PAGE 22 J-1• citizens None. J-2, Council Bookey - No report. Swarner - a. Swarner reported she will at the next council meeting. Swarner will be Legislative meetings in Juneau. b. Swarner congratulated the EMT that took sample at the Health Fair. Nice job. Monfor - a M f not be in attendance attending An her blood . on or reported she was on the news in regard to Forest Drive. Monfor request Council's approval for Administration to send a letter to DOT regarding Forest Drive and encourage anyone driving on Forest Drive to call DOT and remind em ow badly the road needs upgrading. b. Monfor reported "Fathom Lake" was back. Kornelis stated the drains will need to be steamed. c. Monfor requested letters of condolences be sent to Bowena Hillary and Tunseth/Navarre families. Monfor reported she will not be at the next meeting. Measles - Measles reported he will be out of town beginning June 1. Bannock - Reminded all present for every dollar spent in the City of Kenai, three cents comes back to the City. williams added, up to $500. Smalley - Smalley stated he was pleased to see the streets are being cleaned and the walkways look nice. Williams - a. Reported he and Bookey looking for space on which to place to display antique artifacts. They hope to have a plan in the near future. IR`EM X s ADJOt1RM8NT The meeting adjourned at approximately 10:03 p.m. Minutes transcribed and submitted bv: