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HomeMy WebLinkAbout1994-05-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR_ MRSTING MAY 4, 1994 7300 P.M. KENAI CITY COUNCIL CNAM8ERB 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. Be BCREDULED PUBLIC COMMM (10 Minutes) 1. Karen Mahurin - Save Old Towne Committee/Request for Support/Beautification Efforts. C. PUBLIC HEARINGS 1. Resolution No. 94-23 - Recommending the City Request the Kenai Peninsula Borough Establish the Name of Certain Existing Streets in Black Gold Subdivision Within the Kenai City Limits. 2. Resolution No. 94-24 - Transferring $3,300 in the General Fund for an Upgrade to the Library Monitoring System. 3. Resolution No. 94-25 - Transferring $2,700 in the General Fund for Additional Transportation Expenses in the City Manager Department. 4. Resolution No. 94-26 - Setting the Percentage of Fair Market Value to be Used in order to Derive a Fair Return on Lease of Airport Lands. 5. Resolution No. 94-27 - Confirming the Assessment Roll on the Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way paving District and Fixing Payment. 1 I- 4 * r . ,t. 6. Resolution No. 94-28 - Awarding a Contract for the Construction of the Thompson Park 1994 Water Distribution and sewage Collection Project to Foster Construction for the Total Construction Amount of $1,553,777.00. 7. Resolution No. 94-29 - Awarding a Contract to Mike. Tauriainen, P.E., for Engineering Inspection of the Project Entitled Thompson Park 1994 Water Distribution and sewage Collection for a Not -To -Exceed Amount of $176,680.00. 8. 1994 Liquor License Renewal Application - Mr. D's - Beverage Dispensary Hotel/Motel (One Year). 9. 1994 Liquor License Renewal Application - Rainbow Bar & Grill - Beverage Dispensary (One Year). 10. 1994 Liquor License Renewal Application - Larry's Club - Beverage Dispensary (One Year). 11. *1994 Games of Chance and Contents of skill Permit Application - Kenai Peninsula Boys & Girls Club. Z35 D. COMMISSIONICOIUMITTEL REBOOTS 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 Be • 1. *Regular Meeting of April 20, 1994. GE. OLD BUSINESS Be NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- 2. Purchase Orders Exceeding $1,000 3. *ordinance No. 1599-94 - Increasing Estimated Revenues and Appropriations by $2,200 in the General Fund for Library Books. 4. *Ordinance No. 1590-94 - Increasing Estimated Revenues and Appropriations by $7,750 in the General Fund as a Result of the Rural Community Fire Department Grant Awarded to the Kenai Fire Department. 5. *Ordinance No. i591-94 - Amending KMC 23.50.010(d) by Adding a New Pay Classification Called "Engineering Technician." 6. ;Ordinance No. 1592-94 - 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. 7. *Ordinance No. 1593-94 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1994, and Ending June 30, 1995. S. *Ordinance No. 1594-94 - Increasing Estimated Revenues and Appropriations by $7,000 in the Council on Aging Title III Fund. _„ �„1QM3IdIB'1'RATIAN .,�ij�P T8. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager .T. �*9CV9AION 1. Citizens (five minutes) 2. Council KENAI CITY COUNCIL REGULAR MEETING MAY 4, 1994 7800 P.I. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN j e WILLIANo p PRZOIDING ITEM CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m, in the Council Chambers in the Kenai City HBuilding. A -le PLED -am OE AMMIAM2 Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . ROLL _CrALL Roll was taken by the City Clerk- arridBBannock.: Monforearrived Williams, Bookey, Swarner, Measles at approximately 7:06 p.m. A-5 0 AGENDA APPR4V,�1 L Mayor Williams requested the following changes to the agenda: 0ADDS A® B-2, Persons Present Bahe""da be Beard$ Jeff Jefferson - Boat Display/Kon Cultural Center.. To C-51 Resolution No. 94-27 (M M paving) - 5/3/94 letter from Rev. H.-Schaan, 1707 Fourth Avenue - requesting his assessment be reduced from $750 to approximately $500. RRMgt/8s C-10, 1994 Liquor License ROnOConsent Agenda, ,s(Allb in order to add it to the g obligations to the City have been brought current.) ADDS To H-2, Purahast orders over ThPak/ Relocation of Gas Utilities ompson r Sewer Improvements) - $76,750.000 As H-9, Approval Project Change AirOrder Tek,No. Inc//$4e790r00. , System Upgrade Pro j To I -I, Mayor Roport-.5/3/94 Governor Hickel letter requesting support of S$7indusending hpaytime baak frame within which the oiltry muB taxes. As information =ten No. 19.1 5/3/94 D. Burnett memorandum regarding ISO. (Insurance service Office) Rating Evaluation. KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 2 MOTION: Councilman Smalley Moved for approval of the agenda as amended and requested UNANIMOUS CONSLN'1'. There were no objections. 80 ORDERED. Mayor Williams requested the following change to the Consent Agenda: ADDS C-101 1994 Liquor License Renewal - Larry's Club in order to add it to the Consent Agenda. (All obligations to the City have been brought current.) MOTION: Councilman Smalley MOVED for approval of the consent agenda as amended and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. TSB = aCREDM80PIISLIC C0mum H-1. Karen Mahurin - Save Old Town Committee/Request for Support/Beautification Efforts. Mahurin introduced herself, stating she represented the "Save Old Town Committee." The "Save old Town Committee" was defined as a group of people who have banded together after Council action was taken to decrease the boundaries of the Townsite Historic District Zone. They have been meeting since January and have all agreed their goal is to do what they can to preserve and promote development in the original Old Town area. During their meetings, they have learned (a) the City hired a. consultant in 1985 who produced a study with design and development ideas for the Old Town area (Kasprinsin Study); the Russian Church has been paying taxes on their six parcels for many years (they are working to stop this); and, have requested the federal government for "historical landmark" signs to be placed along the highway, etc. Mahurin requested City support and assistance to enhance the area of. Old Town including Main Street, Overland, Highland and Mission KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 3 Streets. Enhancement includes (a) cutting weeds on City property and planting flowers (they would like the Parks Department to extend their flower planting to that area where many tourists visit); plant grass and flowers in the bluff area; placement of benches along Mission Street; investigate the property for sale at the corner of Upland; work toward upgrading the bluff area to protect it from destruction; and requested the City send out letter to adjacent property owners and ask permission to cut weeds and grass. They are willing to help the City on those areas. Mahurin stated they will have representatives attending the Mission Street Paving Hearing on May 17. The Committee does not want to stop development in the old Town area, but wants to continue to work to preserve the historical area. They believe their efforts and the requests she has presented to the Council will benefit the City. Swarner asked if she was requesting planter boxes be placed. Mahurin stated yes. Swarner informed Mahurin City Attorney Graves had done research in regard to property owners in the area cleaning up their properties, junk cars, etc. City employees cannot work on private properties. Williams suggested the Committee discuss their requests with the Beautification Committee as they are in the planning stages for placing flowers, etc. Mahurin stated they were not overstepping the Beautification Committee, but thought if Council directed actions to be taken, the work could get done faster. 8-2. Jeff Jefferson - Boat Display/Kenai Visitors i Cultural center. Williams stated he requested this item be added to the agenda early in the meeting due to a tremendous amount of discussion through various members of the community. There are two items to consider: 1) an amendment to the Visitors Center agreement with the City to allow for certain uses of utilities (water and electricity); and, 2) the question of whether or not the planned project including a concept of a heritage harbor -type facility with a small commercial venture, should be undertaken by the Visitors Center. In earlier discussions between Administration and was felt the Visitors Center Board should make th what could be placed on that property. The Board Williams, it e decision as to was reluctant KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 4 to do so because the property is owned by the City. The Board felt the decision should be properly made by Council. They asked him to ask Council to make the decision. Jeff Jefferson - Jefferson stated he represented himself and about twenty other persons who have been working for the past couple of years to acquire, restore, and place into public ownership (the Visitors Center) several historic boats which fished the Cook Inlet. These boats represent the fleet as it existed as a wooden fleet many years ago. Bill Kluge assisted them in putting together a concept plan to properly display the vessels and to comply with various regulations dealing with handicap access, etc. Last year they acquired, restored and placed into the ownership of the Center the K-6 which is now on display there. In addition, they acquired, through the assistance of the Center, an old natural needs setnet skiff (probably the oldest wooden boat around that was restorable) and through a donation by Columbia Wards, acquired a pile -driving work boat (which worked approximately 80 years in the Inlet). The boats have been acquired. The money has been acquired to restore them. They are in the process of restoration now. ,When those boats are completed, they will be donated to the Visitors Center. After the Center's Board of Directors approves the vessels, they expect them to be placed on site by the middle of July. The plan called for a snug boat to be placed in the display. The snug boat needed $25,000-$35,000 for restoration costs. The boat has been acquired. Mr. Tomrdle has taken the snug boat and restored it and modified it slightly to accommodate an espresso concession. They approached the Center at a conceptual level to ask about the possibility of placing the snug boat at the Center as one of the vessels and vend coffee out of it. They saw that as achieving three important criteria: 1) provides the public a convenience the Center does not have now; 2) adds the snug boat as part of the display earlier than initially planned; and, 3) by getting the snug boat on board, it helps them to approach others to acquire additional private donations to finish the project in coordination with the Center. KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 5 The boat is approximately ten days from completion. DEC has approved the vessel. It has been inspected, pending the final inspection. The vessel uses tanks. It does not tie into the water system. Water is put into the tanks every morning. A cappuccino machine uses about 20-30 gallons per day. Electricity to be used would be used to heat a hot water heater for purposes of washing hands and the espresso machine itself. No one can give an estimate, but figures it would be a minimum of power and water passed from the Center to the vessel. It had been suggested the general notions be put into writing to get a working draft for a concept document about terms of an agreement with the Center. There were additional changes made in the last few days due to comments and concerns of others. Specifically, the question of appropriateness of a concession vendor, RFP for the general public, etc. These items have been discussed with City Attorney Graves. Graves was who brought up the question that the City was providing the power. It is really not for the Center to pass the electricity on. That is a decision that rightfully belongs with the Council. The agreement is simple and not the final document. The final document will be negotiated between the Visitors Center and Mr. Tomrdle. The document allows for Mr. Tomrdle to rent to the Visitors Center for one dollar a year, the vessel with an agreement that the vessel be placed at the Center for a given period of time, year around. The Center concedes back to Tomrdle a concession permit to sell cappuccino and espresso from May 15. through September 15 of the term of the agreement. The agreement will limit exclusively the sales of cappuccino and espresso and doughnut -type products seen at an espresso stand. No general retailing would occur. Advertising would be limited lonly a small sign approximately 14" long hanging in a window). During the period of the lease agreement Tomrdle concedes to the Visitors Center the option to purchase the boat if they desire, including all the concession rights and everything else. Jefferson stated he felt strongly that after the boat is in place, with the rest of the display, it will not only complement the collection of the Center, it will provide a service to the individuals using the Center, and place. a person with the vessels who will be able to discuss the particulars of the vessels and their use. Jefferson believes a movement will then occur to privately raise money to purchase the vessel to add to the collection of the Center. KENAI CITY COUNCIL MEETING MINUTES MAY 40 1994 PAGE 6 Jefferson stated the issue he found most troubling is the appearance that someone may see as favoritism, etc. This matter has been raised by several people. It is a legitimate issue and important issue. The draft agreement proposes to deal with it by setting a date each year during the term of the agreement in which another person may come forward with a historic boat which has been restored suitable for DEC specifications to vend espresso and cappuccino from it. If the Board of Directors finds the vessel satisfactory for display in the exhibit, within a thirty -day period the Center may request RFP's from both bidders. The Center would then exercise its discretion within a month -and may decide to change boats. Whether the Center must go to RFP is unclear to Jefferson, however he felt this would fairly satisfy the requirements. The most fundamental issue: is any private industry vending out of the Visitors Center an appropriate activity? Jefferson reviewed other businesses the City is involved in through leases. The City government competes with private industry through congregate housing, Dairy Queen, etc. There is a letter from EDA saying private vendors are not prohibited in the building.. Because this activity does not occur in -the building, Jefferson did not know if EDA would have Iany comments. However, they have modified the lease agreement to raise the point that if EDA ever does say it is an inappropriate activity, the vessel will be moved within thirty days. EDA notes in their letter that concessions are recognized as an integral part of these sorts of facilities. Jefferson stated he thought he would be discussing the question of electricity and sewer/water. However, it was his understanding the Board, after their meeting, has asked Council to decide whether a cappuccino/espresso concession is appropriate for the Visitors Center. Jefferson stated they believe it is appropriate even if it is a push -cart business. It is a public service just as the airport has a restaurant to accommodate the traveling public. They believe it is in the interest of the Visitors Center and the City in promoting itself to allow this activity to occur and allow them to proceed with negotiations with the Visitors Center. Bookey asked if Jefferson was asking for the water and electricity to be furnished to them at no cost. Jefferson stated. yes, that is what they were asking. However, if that is an issue, Tomrdle has stated he will pay $50 a month to cover those costs. • KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 7 Bookey asked if the same hours would be maintained as the Centers -- will it be a haphazard operation where it would open one day and not the next. Jefferson stated no. The project started as a money -making venture. Tomrdle has received other offers for placement of the vessel. If the Center decides not to place the vessel in that collection, it may be placed elsewhere. Tomrdle wants to make money. Jefferson stated he would assume the hours would be a 7:30 a.m.-7:00 p.m. hours, like other businesses. Bookey asked if this is not a financial success, will the vessel stay there or would it be removed in 30, 60 or 90 days. Jefferson stated the agreement proposed commits the vessel to be there for a five-year period for the Center to use as it sees fit, as long as it is not commercial. If their cappuccino/ espresso concession flops, the vessel stays. Monfor asked where the water tanks would be dumped. Jefferson stated there is a holdingtank ( DEC requirement). They estimate the tank will have to be cleaned three times a week. The tank has a submersible pump to pump the water out into a tank truck and to be disposed of as required by DEC in a certified disposal site. Monfor asked who would be responsible for injuries during the off-season. Monfor added she still has a hard time, either with the City or Visitors Center, paying for the water, electricity, or the dollar a year. Monfor added she dick not have a problem with the concept. However, once the City/Visitors Center.starts paying private enterprise to come in, it is opening a_whole.can of worms. Monfor stated she did not want -.the Visitors Center to. become another Homer Spit. Jefferson stated the proposed agreement required Tomrdle to indemnify and hold harmless the Visitors Center and the City for any and all liability arising out of either the business enterprise or the vessel itself. During the off-season the vessel is the property of the Visitors Center. It is then part of their display. It could be used at the "Christmas Comes to Kenai" bonfire to serve hot chocolate, coffee, etc. from September 16 through May 14 every year it is no different than the vessel placed there at this time (K-14). Jefferson assumed the K-14 is covered under the general liability policy of the Center. That is why the Visitors Center pays one dollar a year for the vessel. They then have taken the vessel, conceded back the concession rights, but the control of the • KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 8 vessel is with the Center and should simplify any problems with bringing that vessel at that time under their liability policy. Williams asked Brown who carries the liability insurance for the Center's collections. Brown answered the City does. Smalley commented he visited the restoring project and it is an outstanding job. Smalley added he believed the vessel could only enhance the Center's endeavors. Initially he had a problem with the free utilities. However, the Council has reduced leases and rates because that entity had trouble making a profit. Utilities at the airport are paid Ito a degree) by the City. Smalley suggested a not -to -exceed rate be set. Smalley stated he could support this easily. Swarner stated she realized would be an asset. Swarner on City property when there 60 there. Also, the public has business. Swarner added she the proposal because it has (agenda advertisement). an espresso bar in that area of town questioned, however, that it would be is other property available around s not been notified of the proposed did not want the Council to approve not been addressed in the media Williams stated the primary issue he wanted Council to discuss was the modification of the agreement with the visitors Center with regard to the electricity and water. The second issue of whether or not the project should happen rightfully belongs with the Center. However, the Center requested Council make that decision. If the decision is left to the Center, they can approve the proposal without a RFP. If the City makes the decision, a RPP will be required. If Council wants to, they could say to the Center by modifying the agreement with them, the Council gives quasi -approval to the espresso business. Williams commented in regard to the Council's and City's involvement in private enterprise Kenai is a home -rule, first- class city and has the use of powers that exceed most other cities and local governments. The City is in public/private business with the dock facilities, the airport and the Dairy Queen. Williams added this proposal would be in line with the City's involvement to enhance tourism. Swarner stated she was concerned the discussion item was not advertised at "Persons Scheduled to be Heard" in order that the public would know what would be discussed. Swarner stated she did not like to act on items like this without public knowledge • KENAI CITY E49 1994 COUNCII, MEETING MINUTES and without backup Swarner stated shinformation to review Presented. had a problem with how the mat the discussion. Matter was Williams stated electricity.TOmrdle has offered to Moot. Williams commented he believed efor water and Williams stated Co d that uestion is Project is good and whether council should decide whether this p s something the city this type of Bannock commented he Y should have. and is incredibl agreed with Smalle . Project. Also Y impressed with V. He has seen the boat see in Old Town this is seed w the boat and it is i.e. Y what Planning a fantastic standing order, restoration g & Zoning wanted to involved. Relieves this in'a°1d Kenai things Bannock asked who positive situaion for $°Od Center• Answer t pays the electric bill 11 the project and Administration City does. the suggested for the '~ details as °ministration ggested Council to charging for the' Tomrdle or Jefferson work out the rate). This is a win/win situation. utilities he tion. (actual use or flat Bookey stated he a a terrific asset. greed to a point. He has seen the the private sector BOokeYlbwould like to See boat. not Public. the venture It is Monfor stated she did done in Matter. It is the not think Council should be voting decision, then the Litter Hoard sit on the Center. Y should take back decision. If council makes t Placing then added she did he management of t he $75,000 to the visitor at the not Council a he does not Manage i itor Board to The Cityapproved the t, manage the Center. The the The Council Smalley agreed and sug gested the Board needs remand the matter y suggested Council make tO make the asked Graves back to the Hoard a recommendation to do an RFP, if the City made the for their decision. discussions Graves stated in decision, would it not Smalley they felt if thehBoardddianIto have to required to have an s initial would have to be re RFP. If Council ade d it, they would not be comments quired. Their decisionthe a rHecision, an RFP it is the Boards decision. g d with t Manninen stated if Co They manage M°efor s uncil a g the Center, granting an exclusive concessionaireaeB °f the p• right proposal, it is g and where would they KENAI CITY cOVINCIL MEETING MINUTES MAY 41 1994 PAGE 10 Council has made no decisions as to what goes in Measles stated et involved he building or employees, etc• Council should display t into a into this area so that it ed was to keep it separate area. The reason the boa Any decision, from politics and thinks it should de by council. Council not even a recommendation should t Jefferson/Tomrdle to deal with theBoardand the should direct from Council s table. discussion should be dropped permit would be rIe would ired Measles asked whether aGcon ststated he id not think believed to run the business. Smalley stated he require one. He will check the zone. that area is in the General Commercial zone and would not require one. Graves will check. asked if there was a question as to whetherBannock stated he Bannock ask. rove the proposal. Board has the ability to app the Cavesrsbut do t stated his agreed council should not be micro -managing Graves they have the ability to approve the pro', to approve the and No They feels were they have theauthtwhich allows a concession. They are on a managementagreement with a thirty -day notice. The agreements m fereson cancellationtakes management away is proposing says if the City ceases also• If the Board, their agreement with this entity the agreement with City's agreement with the Visitor Jeffersonenter lagreed. the concession would terminate. should be Monfor stated she believed the approvaltype of this tors Center. Jefferson clarified that e attended with the Visi They we the Center's Board of Directors meeting* es or no. The the Council look at this specifitakaca posind tion of whether or Hoard was asking if the City would not it was aPP n appropriate function and/or if the councilobjected to the Board allowing a concession permit. Not necessarily concession permit. prod Braun - President, Kenai Visitors Center Board eof Dire t was Braun stated the Board has not met in fulboard members. The full an executive board meeting of only Their purpose of board needs to be aware of the matter. discussion with Council tonight was to gather informationroto have take back to their Board. Braun added it would have the osition some action taken, but it was evident no one was in everyone at this time to make that decision. this Po l boat and it is a great ibea and conc agrees it is a beautifu no problem. t. Today he felt if it was free coffee, there would 0 • KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 11 However, it is not that way. Braun stated he will call a special meeting of the Visitor Center Board and discuss with them what transpired at this council meeting. Williams asked if it would be appropriate for the Council to take a position of saying they feel the Board of Directors of the Visitors and Convention Bureau has every right to make a decision with regard to concessionaires for the use of that facility. Monfor stated yes. Measles stated he has always felt the Board had the ability to do what they needed to do over there within the bounds of the law. Measles stated he felt the Board should deal with the matter because they are the group that will have to deal with another person who may have a refurbished historical mining train from which he wants to sell T-shirts, etc. Measles added he does not want that discussion to come back to Council either. Braun stated this project falls within the committees, i.e. retail and exhibit. Their discuss the matter. ITw Cs PUBLIC BEARINGS bounds of two of their board will meet and C-1. Reaointion No. 94-23 - Recommending the City Request the Kenai Peninsula Borough Establish the Name of Certain Existing Streets in Black Gold Subdivision Within the Kenai City Limits. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 94-23 and Councilwoman Swarner SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. ioaa Windom, 1501 Bluebell, Kenai. Stated she has lived in this subdivision since 1963/64. Wisdom stated her concern that the names of the streets were being changed. The plat has the names on the streets. What is represented on Resolution 94-23 as Kathy Lane is what she has known as Bluebell for many years. Wisdom added she is the only person living in that area. Why are the street names being changed and who are the people for whom they - are being named? Wisdom suggested a street be named for her as she picks up garbage on the ground, etc. KENAI CITY COUNCIL METING MINUTES MAY 41 1994 PAGE 12 Swarner stated she would like to know the answers to Wisdom's questions. What is the definition for "existing" streets? Who petitioned for name changes of the streets? Williams stated the request to name the streets came originally from the Borough to Kenai Planning & Zoning and then to the Council. Swarner stated she would like the motion to be amended to say "certain existing platted streets." Swarner added the streets are not built to City standards and she would not accept them. Smalley stated he would take that as a friendly amendment. Kornelis stated the Borough informed the City there were no streets identified and were not consistent with the Borough plan. Williams referred to the Planning & Zoning Resolution wherein it stated the subdivision did not presently have street names established. Kornelis stated a resolution was brought to the last council meeting, but was removed from the agenda due to an incorrect statement in the Borough's definitions of lane and drive. It was his understanding the names do not appear on the Borough plats. Ron Qeocke - Kenai Planning & Zoning Commission Member. Stated the information was brought to them through a request of the Borough. The Borough stated the streets were not named. MOTION TO TABLE: Councilwoman Monfor MOVED to table Resolution No. 94-23 until it is found out what is going on. Councilwoman Swarner SECONDED the motion. 80 ORDERED. C-Z. Resolution No. 94-24 - Transferring $3,300 in the General Fund for an Upgrade to the Library Monitoring System. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 94-24 and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES NAY 41 1994 PAGE 13 C-3. Resolution No. 94-23 - Transferring $2,700 in the General Fund for Additional Transportation Expenses in the City Manager Department, NOTION: Councilwoman Monfor MOVED for adoption of Resolution No. 94-25 and requested UNANIMOUS CONSENT, Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-4• Resolution No. 94-26 - Setting the Percentage of Fair Market Value to be Used in Order to Derive.a Fair Return on Lease of Airport Lands. XOTION t Councilman Measles MOVED for adoption of Resolution No. 94-27 and requested UNANIMOUS CONSZNT, Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-3. Resolution No. 94-27 - Confirming the Assessment Roll on the Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies way Paving District and Fixing Payment. MOTION: Councilman Measles MOVED for adoption of Resolution No. 94-27 and Councilman Smalley 82CONDED the motion. Dawn Barnette - 1804 Fourth Avenue. Had questions about the payment plan. It was explained payments will be fixed over a five-year period, with annual payments due beginning on the last business day of May, 1995. Payments will be delinquent if they. i .4p KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 14 are not paid by the last day of June of each year, etc. If a property owner chooses to pay the entire assessment in one Payment, it may be done with interest, if received by August 5, 19946 Barnette questioned when the first payment (over five years) is due and when penalty and interest begins. Graves explained it as like a deferred payment plan. Barnette asked if a five-year payment plan was being decided at the meeting. Answer was yes. Barnetto asked who was responsible for potholes in the new pavement. Barnette stated she had found a number of small ones. Kornelis requested she telephone him and they will look at them. Barnette also thanked the City for the stop sign at the corner of her street. Lt. Patton - Salvation Army. Requested council for a reduction on their assessment. They are assessed at $2,364. Most of their property is benefitted by Forest Drive. Patton also requested. council take into consideration all the services the Army provided to the citizens of the City. Brown explained the method of assessment is on a square foot basis on. the entire lot, including flag lots. Swarner asked if ever assessments have been waived for a non-profit entity. Brown stated no. Brown added the Kenai Municipal Code says all benefitted real property may be assessed unless specifically exempted from taxation by law. Brown stated the only kinds of organizations of this type in his experience are BIA lands. All other properties are assessed. Paxton stated the Army is more than.a church, it is also a social agency and warrants considerations on this matter. Swarner stated the City pays assessments also. Measles stated the City cannot make adjustments to the assessment roll as it stands in the resolution. Brown stated the purpose of the public hearing is for people . being assessed to show errors and inequities. The Code provides that Council may make adjustments. However, they could not change the basis for the assessment. Changes made now would throw all the calculations off. Measles stated he agreed with that, but all council can do is pass or deny Resolution 94-27. If there is a problem with an. assessment, it needs to be brought to council sitting as a Board of Adjustment. Brown stated his impression of the Code is that I�- • .s,, RBNAI CITY COONCIL MEETING MINUT88 MAY 4, 1994 PAGE 15 if a person found an error in their property assessment, the, council could adjust that one assessment. However, to.drop a property off the roll at this point would make a major change to the assessment district, especially when Lt. Patton had signed the petition and stated they would pay the assessment. Measles stated there were a number of preliminary assessment notices sent out to property owners. If there were any problems with square footage amounts, etc., council would have been notified at this meeting. Patton stated he signed the petition but did not receive any of the notices. The notices were sent to Anchorage (owner of record), Bannock asked if the assessment is based on the fair market value. Brown stated no. Bannock objected to the way the assessments are determined Eby square footage). ! Maroarius Targonsky - 1.04 Tern Avenue. Asked if there is a change in ownership of property, are notices sent to the new owner. Williams stated the assessments ride with the owner of the property. Targonsky stated he sold his property and ,the new owner had not been sent any of the notices. Williams stated the city uses the owner of record from Borough records. Targonsky stated he thought the City checked with the recording office. Williams explained the Borough has the only accessible record of ownership of property. Targonsky suggested the new owner may have been denied certain rights because he did not received_ notification. 'Williams asked Targonsky if he sold his property without advising the buyer of the assessments. Targonsky stated it was a quit claim and he did not have to advise of the assessments. VOTE: Bannock objected to the motion stating he did noz like the way the assessments were valued out. He did not like the formula. Smalley:- Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes Bannock: No • 1W'PION 811888D. BRURI $936 V*X* �J • KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 16 SACK TO ORDER: 8:45 P.M. C-6. Resolution No. 94-28 - Awarding a Contract for the Construction of the Thompson Park 1994 Water Distribution and Sewage Collection Project to Foster Construction for the Total Construction Amount of $1,553,777.00. MOTION: Councilman Smalley MOVED for approval of Resolution No. 94-28 and Councilman Measles SECONDED the motion. There were no public comments. 800key asked Kornelis if he was comfortable with the difference between the top two bids. Kornelis stated is was found to be a legitimate and responsible bid. Kornelis speculated the lower bid was due to the bidding company having their own access to gravel. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-T. Resolution No. 94-29 - Awarding a Contract to Mike Tauriainen, P.E., for Engineering Inspection of the Project Entitled Thompson Park 1994 Water Distribution and Sewage Collection for a Not -To -Exceed Amount of $176,680.00. MOTION: Councilman Measles MOVED for adoption of Resolution No. 94-29 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. Williams stated the inspection costs exceed ten percent of the total cost of the project. Williams stated that seemed high. Manninen explained it takes more on -site inspection to meet the criteria of the project. VOTE: There were no objections. 00 ORDERED. LJ KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 17 C-0. 1994 Liquor License Renewal Application - Mr. D's Beverage Dispensary Hotel/Motel (One Year). Clerk Freas reported Mr. D's was not current with the Borough (missing filings and fees) and was owing hotel/motel tax for the city. Freas requested a motion to send a letter of protest. MOTION: Councilman Smalley MOVED to send a letter of protest. Councilwoman Monfor SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED., C-9. 1994 Liquor License Renewal Application - Rainbow Bar & Grill - Beverage Dispensary (One Year). Clerk Freas reported the Rainbow Bar & Grill was not current with. the Borough (missing filings and sales tax owed) and was owing water/sewer charges for the •city. Freas requested a motion to send a letter of protest. MOTION: Councilman Smalley MOVED to send a letter of protest and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. 00 ORDERED. C-10. 1994 Liquor License Renewal Application - Larry's Club - Beverage Dispensary (One Year). This item was removed from the regular agenda and was added to and approved by the consent agenda. C-11. 1994 dames of Chance and Contests of Skill Permit Application - Kenai Peninsula Boys & Girls Club. Approved by consent agenda. ITEiL D: CO MISBIONLCQMMITTEE REPORTS D-i. Council on Aging a ner reported t e seniors served 75 prom -goers breakfast Swarner h p g Sunday morning. Swarner also reported the next Council on Aging KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 18 meeting was scheduled for May 16. Swarner stated she would not be in attendance. D-2. Airport Commission Measles reported the next meeting was scheduled for May 12, D-3. Harbor commission Bookey reported the next meeting is scheduled for Monday, May 9, 1994. D-4• Library Commission Monfor reported a meeting was held May 3. The Commission is absent one member. Williams referred to the letter of _ resignation from Commissioner Meyer and the applications included : in the packet. Williams nominated Vincent O'Reilly. There were no objections. Monfor reported the Commission was thrilled to hear Council, approved the hire of two part-time employees. D-5. Parks & Recreation Commission No meeting. D-6. Planning i Zoning Commission Smalley reported a copy of the 4/27/94 action agenda was included in the packet, as well as the minutes from the 4/13/94 meeting. Smalley reviewed action and discussion taken at the 4/27/94 meeting: a. Pillars Corps of Engineers Permit - commission directed a letter of support be forwarded, provided the operations at the Pillars will not interfere with or lessen the value of an existing project further down the river. Leo Oberts made a discussed the realignment of the road. There is potential for a subdivision in that area. The item is expected to be back to Planning & Zoning for review before June. b. Borough Notice of Proposed Land classification - A presentation was made by Borough personnel regarding the classification of land in Shelikof Subdivision. Smalley explained the property included two lots which are situated behind the high school. Originally, the school district had planned to build homes on the lots as part of their high school KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 19 program. The Borough requested the properties be zoned residential. The classification was approved, as the properties were already zoned residential with the City of Kenai. c. Spruce Hark Beetle Infestation - Commission reviewed information regarding the infestation of the Spruce Bark Beetle in the area. Commission requested the matter come before City Council for a response. d. Kenai Whiskers Replat - Measles questioned why this item appeared at both the Commission meeting of the 13th and the 27th. Commissioner Geocke explained at the meeting of the 13th, they approved a right-of-way vacation. During the meeting of the 27th, they approved the replat. e. Code Enforcement - Smalley reported the Commission reviewed ongoing code enforcement efforts. One issue was the continued development of the RV park in Old Town. The building being built is larger than the design originally submitted Smalley recommended to the Commission they be consistent with the past practice when changes have been made with regard to permitting and filing of site plans. Smalley added, according to City Engineer La Shot, the difference in plans will come under the old Townsite Historic Zone rules of enforcement because the. project began with those rules. The persons doing the construction will have to resubmit the building permit and pay the difference. Bookey asked if the change was an increase of square footage or a miscalculation of construction. Commissioner Geocke explained the size of the building being built is larger than the original plan presented. Smalley added the City is working with the individuals and using the old ordinance for the ruling. Monfor asked why the City is not placing a stop action on the construction until a new plan is submitted. This has been done in the past. Williams stated he believed a direct affront to the City. Kornelis passed around a letter sent to the owners who are building the structure (Vozar). The letter addresses the problem with the size of the building and the site plans and requests.a new design be submitted for Planning & Zoning's approval. Williams recognized the construction of the building being started under the old zone rules and now with new code and a larger building as a testy situation. Measles agreed. Swarner asked if a stop order is sent if a person is building a building which is not the same as the design submitted. Graves stated 4. KENAI CITY COUNCIL MEETIING MINUTES MAY 4, 1994 PAGE 20 other municipalities have issued stop orders, however he did not have knowledge of that happening in Kenai. Other municipalities have refused to issue occupancy permits. Swarner asked what is required to have happening in order that a stop order is issued. Kornelis answered if there is something against the building code being done. This issue is more about planning than zoning. There is nothing against the code as far as the size of the building, but what was permitted in that zone by the Commission. Swarner remembered Council stopping action on the bowling alley. Measles stated the original plans were submitted under the old code. The building construction was started under the old code. If they come back with revised plans for a building 50% larger, it should be ruled under the new code. Graves stated that is an issue. Graves added he thought La Shot felt since they started - building under the old code and they initially brought the plans in under the old code, the revisions should be under the old code. Graves suggested they could investigate that further. Measles asked if anybody over there can now submit plans to expand their building outside the new code because it was built under the old code. Graves did not think so. A permit was issued under the old code. Measles stated the owner is not building what'was permitted. Swarner stated she thought the building was started after the new code was in effect. The RV park was started under the old code, but the building was later. Bannock stated the plans for the building were submitted with the old code. Measles stated the building was not oversized in the plans, but the actual building is. Williams stated the building became oversized after the new code was in effect. Bannock stated he wanted to be careful using the 50% figure because he saw the plans and did not think it was 50% larger. However, Council should review their actions. The plans were approved through the Planning & Zoning Department. If the building is larger, does not the City have an obligation or have a time this would have been caught earlier at the staking point. Some fingers of blame should be pointed at the City if the City enforces the regulations, they should be policing them also. How did it get 75% constructed and the variation found now. It was his understanding the City was trying to stop oversights before they happen. • 0 KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 21 Smalley stated he did not know if the building was off SO. It is larger than permitted, however. Bob Springer - Building official. The plans were submitted in September or October last year. At that time, the building permit was issued on the basis of what was submitted. There was an inspection done at that time, and at that time the size difference should have been caught. Springer was unaware of why it was not caught as he was not the building inspector then. They recently received a site plan for the building and at that time it was noticed there was a discrepancy in the size of the building. Springer suggested a rough figure of 20% larger. La Shot wrote the letter to Vozars regarding those discrepancies. Springer was unaware if the letter was mailed yet. Springer notified Mrs. Vozar they needed to upgrade the site plans originally submitted to a set that was acceptable to him. If something was not received within a short period of time, a stop work order would be placed on the project. Williams stated his concern with regard to encroachments stated in the La Shot letter. Williams stated he hoped the City would follow up with those concerns. Kornelis stated he understood the encroachment problems were being worked out with adjacent property owners. Swarner stated she did not think so. Measles stated those problems will come back to the council at a future time when the property owners are different. That is not acceptable. Council has discussed that same problem many, many times. The encroachments have to stopped before they are put in. Letting property owners work them out delays the problem and brings it back to Council later on. Kornelis stated he understood the Vozars placed a drainage ditch on someone else's property. That did not have anything to do with the City of Kenai. There was no permit issued for them to do that. Williams read from the letter..."it appears you have obstructed an entrance, drainage ditches and culverts and possibly underground utilities which could or do infringe upon property owned by others. It is your responsibility to remove or make other arrangements to deal with any encroachment caused by you including the drainage rerouted from Mission Avenue to the Inlet." Williams stated they have done a whole lot of things in an "around -about" manner that someone will have to answer to in the future. Kornelis stated Public Works is asking them to take care 5 I.. a KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 22 of those problems. Kornelis added it appeared to them Vozars were doing something they should not be doing. Doing something on somebody else's property. Measles stated his concern. Neighbors might verbally agree to something, but later when there are other owners, the problem comes back. Kornelis asked what solution Measles thought was needed. Measles suggested they either get off the property on which they are encroaching or buy that property. Measles added the City should have some way to enforceoit to make sure it is done. Swarner stated she understood the Public Works Department gave their okay to move the drainage ditch. Kornelis stated that was not correct. Kornelis added they were not involved. Swarner asked who gave them permission to move it. Swarner added they came with plans to the City. Kornelis stated he would have to check with La Shot but La Shot was surprised they moved it. Kornelis added the City was not involved with the drainage ditch at all. Swarner disputed that statement and stated Clyde was supervising the move. Bookey stated he understood La Shot had approved the move of the sewer/water lines off the Vozar property. Kornelis stated he did not know. in the drawings he saw it appeared the drainage ditch was the only thing to be moved. Not water and sewer. Kornelis stated La Shot had a survey done. In La Shot's letter, he is speaking about drainage ditches, entrance, culverts and possibly underground sewer. They don't know about the sewer. The sewer there is a service point. Williams suggested Administration investigate the problem as soon as possible. Monfor suggested until everything is up to par with what the City feels it should be, the construction of the project should be stopped. This should be done for any building construction within the City. Springer stated Vozars have been given 30 days in which to correct the problems, etc. The 30 days will start from their receipt of the letter. The letter had not yet been mailed. Williams stated it appeared to him immediate steps need to be taken to determine whether there are violations of any existing codes or ordinances, including the new Townsite Historic ordinances. Thinks some investigation needs to be done to determine whether encroachments are incurring that involves City utilities, public drainage and culverts. If there are encroachmentsr something should be done. There is an easement KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 23 through that area for a public drainage and therefore it makes the responsibility of the City that things are correct in that general area. Kornelis stated the letter does instruct Vczar that if there are encroachments, etc., it is their responsibility and at their expense to correct the problems. Williams added he believed it is important for the City to check the correctness of its statements. Kornelis stated they had a survey done. That's what took so long as they were waiting on the receipt of the survey for review. Kornelis stated he was not aware of who did the survey. Swarner stated there was a survey done and it was not done correctly. Williams requested Administration report back to Council at the May 18, 1994 meeting as to their findings in regard to the location of utilities and other possible encroachments of properties other than those owned by the builder. Swarner suggested the City should be ready to do stop orders on construction, whether it is this project or others, if the project is not in compliance. The City should not be afraid to do that. D-7. Mieoeilaneous Commissions and Committees a. Beautification - Will be meeting on Tuesday, May 10. Planning & Zoning Commissioner Geocke stated his wife has not been able to attend any Beautification Committee meetings due to responsibilities of her job. Mrs. Geocke is in the process of writing a letter of resignation. Geocke added the packet for the last scheduled meeting was not received until the evening of the meeting. Williams accepted the resignation but invited Mrs. Geocke to be involved with the beautification work when she was able. b. Russia Exchange Committee - Williams reported the exchange preliminary work was moving along. They had good response from Senator Stevens' office in regard to visa work needing to be completed. The trip has been scheduled for June 7- 14. The Russian group are scheduled to come to Kenai in late June. KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 24 E-1. Regular Meeting of April 20, 1994. Approved by consent agenda. None. None. ITffi4.8 a �� Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner BZC0NDRD the motion. There were no objections. 00 ORDWED. 8-2. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVE D.for approval of the purchase orders over $1,000 as amended (purchase order to Enstar Natural Gas added at agenda approval). Councilman Smalley BRCONDRD the notion, There were no objections. 80 ORDERED. Smalley asked how many dust control applications the amount in the purchase order list is.for. Answer: One application. S-3. Ordinance into. 1599.94 - Increasing Estimated Revenues and.appropriations by $2,200 in the,General Fund for Library Books. 4 Ll KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 25 B"4• Ordinance No. 1590-94 - Increasing Estimated Revenues and Appropriations by $7,750 in the General Fund as a Result of the Rural Community Fire Department Grant Awarded to the Kenai Fire Department. Approved by consent agenda. B-50 Ordinance No. 1591-94 - Amending KMC 23.50.010(d) by Adding a New Pay Classification Called "Engineering Technician." Approved by consent agenda. B-6. Ordinance No. 1592-94 - 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. Approved by consent agenda. Ordinance No. 1593-94 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1994, and Ending June 30, 1995. Approved by consent agenda. B-8• Ordinance No. 1594-94 - Increasing Estimated Revenues and Appropriations by $7,000 in the Council on Aging Title III Fund. Approved by consent agenda. B-90 Approval - Change Order No. 1/Telemetry System Upgrade Project - Air Tek, Inc./$4,790.00. Williams reminded Council the amount is under $10,000 and does not need their approval. However, the may formally a change order if they so desire. ' Y Y Y approve the XOTION: Councilwoman Monfor MOVED for approval of Change Order No. 1 in the Telemetry System Upgrade Project to Air Tek, Inc. in the amount of $41,790.00. Councilman Measles SECONDED the motion. 0 • s KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 26 Bannock asked where the system will be placed. explained it is for all lift stations. VOTE: Councilwoman Monfor requested ONANIMOUB CONSENT. objections. BO ORDERED. ITEM I: ADMINISTRATION REPORTS- i-1. Mayor Kornelis There were no a. Rickel Letter/88377 - Williams referred to the letter distributed and added at the beginning of the meeting. There was no action taken. b. Bluff Erosion - Suggested Council direct Administration to begin new dialogue with the Corps of Engineers for a scoping study leading to some type of action for prevention of bluff erosion. Determine whether something can be done. There was no discussion or objection from Council. c. Now shop Building - Williams stated there may be no discretionary funds from the legislature in the future. Williams suggested Council consider the advancing of monies, provided there are roll-over funds sufficient to cover the cost at the end of the fiscal year, for complete schematic plans to build a new City shop. Williams estimated the cost of a new building to be $2 million. Williams suggested 20% of the cost could be taken from AIP funds. Williams explained the present shop building is 30 years old and requires a lot of repair. More space is required for the larger equipment now on line, etc. Williams suggested a bond be brought to the citizens. A new building needs to be addressed in the next two to three years. Swarner stated she did not disagree with needing a new building, but does not want to do schematics. Swarner was not willing to spend the money at this time. Monfor asked if plans could be done in-house with the new equipment purchased in the Public Works Department. Smalley asked for comment from Manninen. Manninen stated he was surprised by the suggestion as he had not heard anything about it until now. Manninen stated he did not think it was time to do . REpIAI CITY MAY 4, 1994 PAGE 27 COUNCIL MEETING MINUTES such a project in knowing what money Williams stated he with Manninen. stated he agreed with Williams as fez as riein►the near Measles happening not think such a plan has muchascbe®n compled, but these are future. The HEA settlement Clean.Water other issues that are not known at thistime,aareal �tough time Act, etc. Measles added they would convincing voters to spend $3 million on a new shop building. conv g Bark - Williams suggested there isf� possibility, Thompson 750,000-$8O0,004 le there will be approximately $ could be reallocated development of wellhou es' esc- etc.at money for funding of the wel stated he did not disagree with Williamhe had noaskedw here a new would be placed. Williams stated a new building inen suggested butting one side'of the thought about it. Mann help building up to the airport and the other to Willow. it -may, P b g to qualify for AIP money.. having Administration develop a long-range,pla Measles suggested ha g a stud on all the City s ne for more than just the shop. Do Y identify projects and Get recommendations oftreetsBewater%sewer, buildings, etc - identify plans, i.e. s stated they could do a floor plan and cost estimate el with LiggKornelis st ested not much engineering their computers. Measles a nformation neede d to develop plans for an gox200 ft. builddiengandithey will can be forwarded to a steel building manufacturer do estimates. this budget. it is not time, not without might be received from the staethe c did not have a chance to reviewProject Williams requested to bring this discussion back I - needs suggested Counci sometime after July needs to be done and what the City's capabilities plans, etc. =_Z, City Manager a. Bluff Study - Will investigate. to Council 1 be informed of are to do the b. Contaminated go - Masted soilsooned he the information there may be contaminated d to be on it Carver property. A letter is suppose has received old Kenny. s way from DEC RBNAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 28 indicating the contamination and potential migration of contamination to adjoining properties. DEC is doing an investigation. c. sluff Erosion - Manninen stated he will have staff contact the Corps of Engineers. d. 09377 - Requested direction from Council as to their feeling about SB377, whether for or against. Again, no action. I-3. No report. I-4 . Attorney City clerk Freas thanked council for flowers she received from them last week. Also, informed Council of the projected attendance of ID municipal clerks to the 11MC Conference in Anchorage in May. Freas stated she had been ,informed HUD Secretary Henry Cisneros will be the keynote speaker at the conference. I-S o Finance Director No report. Public Works Director a. Fish Processors - Kornelis referred to his draft letter included in the packet. b. Mission Btreet Paving - A public hearing will be held on May 17. c. Thompson Park Project A meeting will be held with property owners and contractor on May 10. d. Airport Bignage - Ready to go to bid. e. DOT Transportation Priority List - Meeting to be held on June 9. f. Warning signs - The warning signs on the bluff were put back up, along with flagging. I-7. No report. 0 Airport Manager u i • KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 29 MOTIONS Councilman'Smalley KOVED to convene in an executive session of the Council of the City of Kenai concerning matter the immediate. knowledge of which would clearly have an adverse effect.upon the finances of the City of Kenai and which by law, municipal charter, or ordinance, are required to be confidential. Requested Manninen, Kornelis and Graves attend the first part of the session. Councilman Bookey SECONDED the motion. Swarner requested the session be held after "Persons. Not Scheduled to be Heard.." No objections. VOTES There were no objections. 47 -1. Citizens 00 ORDERED. a. Gus Rode* 207 Birch Street. Stated he had a problem with the bureaucratic system of the City. Rodeo explained he received an arrest warrant to appear for arraignment regarding junk cars, etc. on his property. Rodeo stated he did not understand the problem. He wrote a letter and requested. information from the City Attorney and received a letter back stating -he -(city attorney) did not go on the property. The letter included pictures of junk cars, etc. The pictures were no good and he was unable to determine what or whose they were. Rodeo received an affidavit from La Shot. Rodeo did. not understand La Shot0s authority to issue the affidavit. He wrote a letter to La shot requesting information of what care, etc. Rodes felt there is no law, etc. and the City wont say what he has to do to bring his property up to code. Rodeo requested Council direct whoever is responsible to provide him:informati+on as to what is needed.to conform to the.law. Council/Rodes reviewed pictures provided by Rodeo and Attorney Graves. There were no questions or actions from Council. KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 30 b. Emily DePorest - A demonstration of the new computer Program will be presented from 1:30-4:30 p.m. on May 17. DeForest also reported the library has a video about Spruce Bark Beetle available. EXECUTIVE SESSIONS 10:1e P.M. BACK TO ORDER: 12805 A.M. Councilman Smalley reported during the executive session Council discussed litigation between the City and Gaston & Associates. Direction was given to the City Attorney and Administration to proceed. forthcoming budget regarding salaries of the City Also discussed were budget items concerning the amendments to the Manager, and City Clerk. Attorney, City 40 Williams asked if amounts would be made public at this time. Smalley stated they would probably be on the amendments which have not been prepared yet. Graves stated the number could be given to Finance Director Brown and amended at the next meeting. g J-2. Council ]Bookey - a. Tent Camping - Needs to be addressed. The visitors Center has already had people asking about tent camping availability. Monfor asked if Council didn't direct Parks & Recreation to have something ready by June 1 at the budget meeting. Freas stated yes. Parks & Recreation Administrative Assistant Frates stated it was his understanding there were to be at least six sites ready. Bookey asked if the development of the sites has been planned. Frates stated he has not been informed of any. Bookey stated he just wanted a site chosen and work started. Manninen stated staff was working on it. Suggested areas are across from HEA (behind the dust bowl) developing some lots or along Marathon Road. Manninen stated there will be some ready by June 1. Frates asked if there was to be campground hosts. Monfor stated they just want a campground at this time. Manninen stated they IS have not discussed campground hosts at this time. Smalley stated they had discussed charging a higher fee. KENAI CITY COUNCIL MEETING MINUTES MAY 41 1994 PAGE 31 Freas stated she had just finished the notes fromro the second ncil had decided goals and objectives session. Freas rep there would not be enough incomeParksosto oliceap hosts. it was suggested someone from the srewcould the area and collect fees, etc. twice a day. Swarner asked about Municipal Park to be used for tent camping. Manninen answered no. Swarner stated that Y has roads, sites, etc. Williams stated the same issue comes back for that area, i.e. they don't want tent camping in there because then it will be used by cannery workers as a camping area. Bookey stated that could be controlled. Williams stated as long as the neighboring properties don't want tent camping in that park, they goino t alllow it. Trash Swarner stated now hererisare no oparties nn overnight camping. Williams stated accumulates when if overnight camping is allowed there, the park . gets trashier and the neighbors get hostile. The park needs Ptcleaned Monfor stated she understood there wouldbe of f available parking because of the Big Toy, and more picnic picnicking on the bluff and be used as a lay park for families. Smalley agreed it would be for day use only* Bannock stated that was a wonderful plans, ustill ltent cdid no area address the tent camping problem. If another is developed somewhere else and it is treated like the Municipal Park, it will be the same problem in another part of town. The key is not the location, but the management, regulation and enforcement of it. Bookey stated that is where the City lacks and that is why there has been tandble manatementcinot the site. Park because of a lack of regulation g Monfor stated the proposed new site will get the camping area out of a residential area. Swarner - a. s/18/94 Meeting - will not be in attendance at the next meeting. b. Visitors Center - Noticed at the volunteer Reception the Visitors Center,theating ubloWilliasasked Kornelis if the chatrecorder hasbeen prchased as was requested. Kornelis stated they have received information on them. Kornelis discussed the heating/circulation irauioa�of iogarbage inof the that. c. Daubenspeak property - Noticed area left from last year's campers. Bookey stated if the area KENAI CITY COUNCIL MEETING MINUTES MAY 4, 1994 PAGE 32 has not been approved as a camping space by the City Manager, no one should be camping there anyway. d. Car Crusher - EDD has reported a car crusher will be here dune 1. e. Relocation Permit - Asked if the City requires a permit to change a drainage ditch. If not, it should start. Monfor - a. Asked if Administration could identify lots the City does own in Old Town and maybe mow them. Referring to the "Save old Town" meeting, Monfor stated she did not necessarily disagree with the fact that if the City mows their lots, the adjoining property owners may take more pride in their property. Williams thought it would be a good idea. Williams stated he would like to have a place in Old Town onto which the old machinery can be placed. Monfor suggested some benches be placed in the Old Town area as well. Williams stated he would still like to see a metal building 40 placed in Old Town in which to house the machinery. Bannock and Smalley stated a metal building is not allowed in Old Town. Monfor asked if the properties could be identified and reported back to Council for the next meeting. Preas and Graves suggested Kim Howard could review it. Measles - No report. Bannock - Reported he has attended several of the "Save Old Town' meetings. if the City owns property over there, this is a unique opportunity to lead by example. Smalley - a. Lawton Drive - Requested "no parking" signs be placed on one side of Lawton Drive. Many cars parking on both sides of the street and are causing a hazard. b. Thompson Park Bever Line Road - Walked on the road. Suggested in the future the road be made into a bike path and perhaps place a walking bridge over Heaver Creek. Williams - Asked Frates what the progress was on the upgrade of the ballfield. Frates stated he has not been informed. 0 The meeting adjourned at approximately 12;.22 a.m., Minutes transcribed and submitted bys �M