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HomeMy WebLinkAbout1993-10-06 Council Minutes• • to 0 A. 8. C. t :i T KENAI CITY COUNCIL - R$GUJ= MEETING OCTOBER 6o 1993 7100 P.M. KENAI CITY COUNCIL CMUIDERB 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, BCHLDOLED PUBLIC CORD MT (10 Minutes) 1. Ordinance No. 1567-93 - Repealing Ordinance No. 1133-86 and Replacing it With Ordinance No. 1567-93, Changing the Structure of the Townsite Historic District and Creating a Historic District Board. 2. Ordinance No. 1568-93 - Amending KMC 14.25.020 to Add Townsite Historic (TSH) District to the Definition of "Commercial and Industrial Development" as It Applies to Applications for Landscaping/Site Plan Regulation. 3. Ordinance No. 1569-93 - Amending the official City of Kenai Zoning Map for Certain Lands Described as a Portion of Section 5 & 61 TSN, R11W, Townsite Historic Zone. 4. Ordinance No. 1570-93 - Amending the Land Use Table to Include Townsite Historic Zone. 5. Resolution No. 93-77 - Accepting a Grant From the State of Alaska, Department of Environmental Conservation for Thompson Park Water and Sewer Mains. -1- 0 r� u 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 September 15, 1993. 0. OLD BU8INS88 1. Discussion - AHL Dues Structure H. NEW BUBINSss 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1573-93 - Increasing Estimated Revenues and appropriations by $1,950,000 in the Thompson Park Water and Sewer Lines Capital Project Fund. 4. Discussion - Airport Gift Shop - Request for Rent Reduction. 5. Discussion - Airport Commission - Recommendation to Designate Five Parking spaces at South End of. Terminal for Car Rental Use. 6. Discussion - Eichholt2/Pitts - Lot 4; Block 1, FBO subdivision - Request for Extensions of Construction Schedule. 7. Discussion - Airport Lounge - Request for Neon Sign• 8. Approval - surplus Motor Starters/Sewer Treatment Plant, -2- 01 1. Mayor 2. City Manager 3. Attorney . 4. City Clerk. 5. Finance Director 6. Public Works Director 7.. Airport Manager J. pie, ve X .1. Citizens (five minutes) 2. Council • s i _3- • i KENAI CITY COUNCIL REGULAR MEETING OCTOBER 6, 1993 7t00 P.M. KENAI CITY COUNCIL CEAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:04 p.m. in the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. MOLL CALL Roll was taken by the City Clerk. Present were: Smalley, Williams, Bookey, Swarner, Monfor and Measles. A-S. Mayor Williams requested the following changes to the agenda: ADD$ B-1, Dan Van$ee - Rental car parking spaces/Kenai Airport/south end of terminal building. G-1, Additional Information - 10/1/93 R.Underkofler letter regarding KPB Resolution 93-111 - AML Dues. N-9, Discussion - Recreation Center Gym User Fees, I-6, 10/4/93 KK letter to DOT/PF regarding the Kenai Spur Highway Urban Section (summary of 9/29/93 meeting at Kenai City Hall). Information item No. 18 - 9/17/93 D.T. Foley, Plant Manager, North Pacific Processors/Kenai Packers, regarding closure of Kenai Packers. REMOVE: E-S AND E-7 - Administration has come to an agreement with KABA and Mr. Schilling in regard to the parking and neon sign issues and therefore discussion is not required at this time. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. is A-6. There were no changes to the Consent Agenda. KfiNAI CITY COUNCIL MEETING MINUTES OCTOSER 6, 1993 PAGE 2 MOTIONs Councilman Smalley MOVED for approval of the consent agenda as presented. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. ;TER H Is DCSEDOLED PQBLIC! gamin 8-1. Dan VanZee - Rental car parking spaces/Kenai Airport/south end of terminal building. City Manager Manninen explained car rental agencies have requested the use of five parking spaces at the south end of the terminal. Manninen added Airport Manager Ernst reported at the staff meeting an agreement had been worked out between himself and rental agencies and the matter was removed from the agenda. After 4:00 p.m. today, Dan VanZee telephoned the City Clerk and stated there was no agreement in regard to the parking spaces. Manninen stated the matter has taken enough of Council's time and should be handled administratively, allowing the Airport Manager to work out an agreement. Manninen added he believed VanZee should be able to represent the Kenai Airport Business Alliance (KABA). Manninen stated he would rather the parking space agreement be worked out on a 30-60-90 day probationary period, trial basis. Dan VanZee - Introduced himself as the operator of Hertz at the airport. VanZee referred to his statement included in the packet at Item H-5. VanZee stated they too believe an agreement should be handled administratively. VanZee stated he was approached by Ernst and they discussed the parking spaces and agreed to a compromise. VanZee stated at the end of that conversation he did not believe he had the authority to speak for all of the rental agencies. VanZee added he proposed the compromise and does not have a reason to disbelieve that there can be a compromise. VanZee stated the KABA Board said the discussion should be before Council. VanZee added he did not speak for KABA or the Airport Commission. The Airport Commission brought the item forward through Ernst. VanZee stated he thought it time for the item to be discussed as five or six months have gone by since the idea . was brought up. The rental agencies feel they have the right to use the spaces in front of the terminal. VanZee stated their leases allow for it. • KENAI CITY OCTOBER 6, PAGE 3 COUNCIL MEETING MINUTES 1993 Manninen responded saying at this time, speaking for himself and administration, they want a closure to the discussion. . However,, that does not mean the rental agencies have a right to the parking spaces in front of the terminal. Manninen added they want the leases to be successful. Manninen stated the rental agencies' leases do not reflect VanZee's statement as to the right to parking spaces in front of the terminal, nor is there any contractual right to them. Manninen stated administration's policy is they are here to help. Williams asked Council if they had any comments. There were none. Williams stated Council should be directed to handle the matter administratively, listening to both sides and handled that way. There were no objections from Council. C-1, Ordiaaaai No. 1567-93 - Repealing Ordinance No. 1133-86 and Replacing it With ordinance No. 1567-94, Changing the Structure of the Townsite Historic District and Creating a Historic District Board, XOTtON: Councilman Smalley MOVED for the adoption of Ordinance No. 1567- 93 and Councilwoman Monfor SECONDED the motion. Public Comments: Sandra Vosar - Owner of Toyon Village Apartments and Beluga RV Park. Vozar stated her property was first zoned as General Commercial. Vozar stated she was unaware their zoning was changed to Townsite Historic (TSH). Vozar stated she believed the property owners should have been notified. Vozar stated she submitted an application to change the zoning.application,back to General Commercial. A copy of the zoning application is included in Council's packet for their information. Vozar stated she would like her property and that of Bay Arms Apartments.(she stated she was speaking for the owner) out of the TSH zone. Dorothy MCCard - Representing the Holy ,Assumption Russian. Orthodox Church who is the largest landowner in'Old Town (15 acres). McCard gave general history of.the Church. McCard stated the Church completely supports the boundaries proposed by the Townsite Historic Task Force (TSHTF). McCard stated Council. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 4 should ask themselves whether they can live with the careless destruction of the bluff. McCard added people come to Kenai for the history, not for shopping. Old Town is a historic area. McCard requested Council to not compromise the size -of the area; to make their decision carefully; and to disregard the boundary proposed by Planning & Zoning. McCard stated the Church will not accept any other boundary other than those presented by the Task Force. Karen Mahurin - Mahurin stated she has lived in Kenai for 24 years and enjoys visiting the Old Town area. Mahurin stated Old Town is the focus of the city, i.e. the landscape, tourists and people who live there. Mahurin stated her concern for the bluff and encouraged Council to adopt the ordinance. Mahurin stated she likes the idea of a historical district board and does not want commercial development in the area. Roger Meeks - Meeks stated he was a member of the Task Force from the beginning. Meeks stated he was under the impression that the people in the area had all been notified and had a chance to comment. Meeks stated he believed they had not been. Meeks stated he does not want to be a part of forcing people to do something they do not want to do. Meeks stated Council needs to think of the people that live there first. The City needs the tourism, but asked that the people living in that area not be sacrificed for the sake of tourism. Meeks urged Council to look closely and keep the zone as small as possible and develop what they want to develop. Meeks added the biggest majority of the historic townsite is already developed. Meeks suggested the property needing to be included is the area for the Heritage Village and below the bluff. Meeks urged the Council to concentrate on the area below the bluff. Ed Segura - Born in Kenai in 1923. Requested the City/Council leave some of his heritage. It would be good for his culture. Jim Arness - Was a member of the Task Force. Arness stated the Task Force was involved in rewriting the existing ordinance and recommended changes to the boundaries. The Task Force also made a list of possible projects for after the Board is set. 0Arness stated the intent of the Task Force was based on the concern for the approach taken by Planning & Zoning. P&Z's to KBNAI CITY COUNCIL MEETING MINUTES OCTOSER 6j 1993 PAGE 5 approach was to leave the ordinance as it exists and restrict the use of the land mass involved. At that time, the Task Force was, created to review the matter. Arness stated his opinion is the ordinance has had some superficial changes, i.e. establishment of a board to work with P&Z in an advisory role. P&Z and the Task Force reviewed and compared their findings in a work session. P&Z agreed to the board because it has no enforcement powers. P&Z wanted to reduce the land mass to what they proposed. Arness stated there has been a lot of time and work put into this, but nothing has come out of it. The ordinance only works with the people. The board can be established with the ordinance and needs an area with which to work. The restricted area proposed by P&Z has already been developed. There are only two areas open for development, i.e. that of the proposed Heritage Park and the Fish & Wildlife property. Arness pointed out that as the ordinance stipulates now, the Katmai Visitor Center would not be able to be in the TSH zone. Arness stated the Task Force is saying, if you are going to-do it, make the area different than any other in the community. They do not want Kmarts there. It was not even their intent to encourage tourists to come there. The area is just for the people. The Task Force would like the land mass as they have suggested and would like the Council's cooperation. Arness added it has been frustrating as the Task Force made their recommendation in January. since then, there has been development in the zone which would not have been able to be done if their ordinance, etc. had been in place. Arness requested Council do the whole thing, or nothing at all. Discussion followed regarding the square footage allowed for commercial buildings at (e)(3)(i) of the ordinance. Arness stated their intent was a business organization could occupy no more than 2,500 square feet of a building. Their idea was to limit shops or restaurants to smaller organizations. Arness stated that applies to everything. The Task Force did not want a large individual facility. They wanted to keep the businesses small and to scale. Williams stated it could then be interpreted that a museum could not occupy more than 2,500 square feet. Smalley suggested a • definition be included in the ordinance to circumvent future problems. Williams reminded the audience and Council there were four separate ordinances needing action. C� KENAI CITY COUNCIL MEETING MINUTES OCTOBER 61 1993 PAGE 6 Will Jahriq - Was a resident of Old Town for many years and is a landowner in the area. Jahrig stated he would like the history preserved. Jahrig stated he has a hard time with the city wanting to further their properties if the city is not going to take ownership of the property or help with the development. Jahrig stated he wants to better the area as it has been stagnant for a long time. Jahrig stated he would like development of the area to be faster. Jahrig stated Council is now trying to put a clamp on the property to `take care of past problems and future ones. Jahrig stated he is not sure how this will help the property owners. Jahrig stated he has not been asked about developing it. Jahrig stated he does not have a problem with positive development. Jahrig stated he has tried to sell some of his property, but the real estate agent will not touch it due to the restrictions now there. Jahrig added he has a hard time finding out what the Council is trying to accomplish. Jahrig suggested action be held for a time until the property owners are asked their ideas of what to do. It was determined the Task Force began their work in 1992. Prior to that, the Planning & Zoning Commission reviewed the ordinance. Williams added the ordinance before them now was introduced in September. Swarner asked Jahrig if he received the letter sent in August. Monfor stated there have been articles and editorials in the Clarion as well. Kornelis confirmed all property owners within the proposed zone and all property owners within 300 feet of the zone were sent information regarding the public hearings, etc. The addresses used were those from the Borough tax rolls. MOTION TO AMBND: Councilman Smalley XOVRD to amend Item (c) to include the comment from the Judith Bittner memo (included in the packet), i.e. "The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey." Councilwoman Monfor BECONDRD the motion. Smalley referred to Bittner's letter and suggested the item subparagraphs be renumbered or this sentence be added as Item 9. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 7 Swarner stated she believed she had a conflict of interest because her husband cc -owns property in Old Town. Attorney Graves stated generally a councilmember may vote to rezone property. Direct financial gain is limited from a rezone of property. Graves added Swarner.would not be getting direct financial gain. Graves stated in his opinion, there is no direct conflict. Williams added he did not see a direct conflict of interest. There was no further discussion on the amendment. VOTE ON MOTION TO AMENDS Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes MOTION NABBED UNANIMOUBLY. MOTION TO AMEND: toCouncilman Smalley MOVED to amend the ordinance on Page 5, adding an Item 13, "Individual Use - Refers town individual business in its entirety." MOTION DIED FOR LACK OF BNCOND. Graves stated it is his understanding Arness was referring to any business organization or organizational unit. Williams referred to Page 3, Item (e)(3)(i) regarding the size of the unit. Williams asked if Council wants.to limit the size of the units to 2,500 square feet. Williams stated he was concerned for the Heritage Park if it is decided to put a museum here. Measles stated that item discusses commercial buildings. Measles asked if a museum would be considered a commercial building. Graves stated he did not think a government building.is commercial. However, if there is a conflict here, it should be resolved now. Williams suggested Item (e)(3)(i) be a separate entity and should be a section addressing commercial buildings. After Council defines how to treat a commercial building, then the item could be separated. Monfor stated she believed it would be discriminatory to allow government entities in the area and not allow individuals. Measles stated he believed they could be if the type.of activity is limited. • Arness stated one of the basic concepts of the historical district is to be concerned with the scale, i.e. size relative to • KENAI CITY OCTOBER 6, PAGE 8 COUNCIL MEETING MINUTES 1993 the other business and structures there and what was there previously. Arness stated the intent of the Task Force was to keep the entities to a size commensurate with that portion of the community. Williams stated a theater would have to hold 100-150 people. City Engineer Jack La Shot explained item (e)(3)(1) talks about uses. The Land Use Table has included in it the uses of the property. La Shot suggested cutting out the word "commercial" if the sentence is a problem. Williams stated Graves$ suggestion of including an exception, i.e. "except that the commission may allow such a structure if in compliance with the zone." Discussion followed. The proposed amendment was discussed. Measles stated they would not be changing the total size of the r" building. Arness stated it was the Task Force'o intent to eliminate large interests. Measles stated he did not believe the 58000 sq. ft. should be changed. Smalley stated the Planning & Zoning Commission would have the authority for conditional uses, etc. The Board would make recommendations. MOTION TO AMOND= Councilman Smalley MOVED to amend Item (e)(3)(1) and to remove Item (i) and make it a separate Item 4 and re -number 4 to 5. Measles suggested to end the sentence after 115,000 square feet per story. Start a now sentence with "Any individual unit within the structure of no more than 2,500 square feet except that the commission may allow a larger individual unit if it determines it is compatible with the zone." Smalley agreed. Councilman Measles SRCONDRD the motion. VOTE ON AMBNDXWs Smalley: Yes Swarner: Yes MOTION PASSED. 0 Williams: Yes Monf or : No Bookey: Yes Measles: Yes i • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 61 1993 PAGE 9 VOTN ON USUDED MOTIONS Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes XOTXOV PASBSD tiI XXXOVOLY. Damns 8s29 P.M. BACK TO ORDER: S140 P.M. s C-2. Ordinance No. 1568-93 - Amending KMC 14.25.020 to Add Townsite Historic (TSH) District to the Definition of "Commercial and Industrial Development'O as It Applies to Applications for Landscaping/Site Plan Regulation. XOTIONt Councilwoman Monfor M0V8D for adoption of ordinance No. 1568-93 and Councilman Smalley 82CONDBD the motion. There was no public comment. Swarner asked why the amount was set at $10,000. Arness stated $10,000 is'the existing amount. There were no other comments. VOTE8 Smalley: Yes Swarner: Yes Williams: Yes Monfor: Yes MOTION BA88ND 9MIMOVeLY. Bookey: Yes Measles: Yes C-3. Ordinance No. 1569-93 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as a Portion of Section 5 & 60 T5N, R11W, Townsite Historic Zone. MOTIONI Councilman Smalley MOM for adoption of Ordinance No. 1569-93 and Councilman Bookey SECONDED the motion. Publics comments: Duane Bannock - Representing Planning & Zoning Commission. 40 Bannock stated when the Planning & Zoning Commission decided this issue, Ordinance No. 1567-93 had their blessing if that ordinance • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 61 1993 PAGE 10 it • was attached to the boundary the Commission recommended. Bannock stated he believed he could speak for the whole Commission because they were unanimous with their vote. Bannock added if the boundary size is different than their recommendation, the Commission would not approve Ordinance No. 1567-93. Sandra Vosar - Stated she preferred the P&Z Commission's recommendation of boundary size. Vozar stated she would like Toyon Villa and Bay Arms Apartments out of the zone but understands she must go to P&Z in order to do it. Vozar stated Council needs to be think what they are doing to the property owners of the area when they attach the area. Karen Mahurin - Stated when she first rgad the ordinance, she believed the existing boundary was too large. Then she drove through the area a number of times. Mahurin stated she feels a lot of the property owners knew the area was historical when they first purchased property there. Mahurin added she believes the ordinance has lots of ways to handle development. Mahurin stated it is important to have more than tall buildings, etc. Mahurin recommended the boundary stay large. Mahurin added history is important. The area needs compatible use. What is existing is compatible. Requested Council to be cautious and selective. Mahurin stated she prefers the existing boundary (Map "A"). Her second choice is Map "C" (TSHTF Alternate No. 2). Jeff Jefferson - Lives in Kenai and does not own property in Old Town. Jefferson stated he does not favor the P&Z recommended boundary as it has no relationship to the historical area. Jefferson added the P&Z recommendation exempts five buildings that are very historical. Jefferson added the City of Kenai needs to make a harder decision, i.e. do they want to create a small zone around the church and make it impossible to develop around the church or have a zone to include all the buildings and loosen the regulations to have other development compatible. Jefferson stated the TSHTF Alternate No. 2 is logical as it recognizes the existence of the historical area. Jefferson stated he believed the City needs to have a historical area and it should include historical buildings or make the area very small around the Church. Jefferson recommended Map "C," TSHTF Alternates No. 2. we RBNAI CITY OCTOBER 61 PADS 11 COUNCIL MEETING MINUTES 1993 will Jahrig - Jahrig stated he believed the smaller zone is better for management, but may be negative for development. Jahrig added he believes (the smaller zone) will restrict movement in that direction. Jahrig added they need a positive direction from the City. If the City purchases a block or section to install a park, that would be a positive step. Jahrig stated he does not like restrictions put on his properties. Jahrig added if Council chooses a smaller area, they will take out a lot of historical buildings. Jahrig stated there are loopholes in the new boundary. If restrictions are needed, the City should hash them out with the property owners. Williams stated if Council chooses the P&Z recommendation, the zone will be a small area. Most of its land is owned by the federal government or the Church and some apartment buildings. The P&Z boundary recommendation would be the smallest zone with the least effect on the entire area. Williams added Council is not wanting to restrict development, but use guidelines on how to develop the property. Williams stated he personally would prefer to include the entire Old Town area. Development can be done compatible with the area. Smalley stated he appreciated the Task Force and their long and hard work. Smalley stated in 1986-87 the original TSH zone was passed. Since then, lots of time and effort has been put into the handling of the zone. P&Z has dealt with numerable concerns, praises, etc. Smalley stated he has to go on record supporting the P&Z map with the exemption of the Miller house, Cowants office, etc. Those properties are on the perimeter and the owners have asked to be exempted from the zone. The reason PH exempted some and not others was to protect the reason behind the TSH zone and that is the Church property. Smalley added those properties exempted are not exempted from preservation grants. Smalley stated the P&Z boundary reduces the size and restricts more. Smalley stated he supports Map (D), the P&Z recommended boundary. Monfor stated the P&Z recommended boundary is fine if it is the desire to only protect the Church. Monfor stated she supports, Map "C" (TSHTF Alternate No. 2). This boundary is smaller than Alternate No. 1, but takes in more. Monfor stated she does not think the property owners understand they are all a part of Old Town. This does not mead they cannot move forward. The City.is not representing only the tourists. Kenai is unique. Ownership of that area has not changed much. I • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 12 Monfor added she would not approve any taking of property by any means but protection is needed for what is there and use Map "C," (TSHTF Alternate No..2). Bookey stated he has lived in Kenai for 33 years. Bookey stated he does not think the TSH zone hurt the city. Bookey stated he went through the steps when putting in his RV park. Bookey stated the zone has been good for the city and good for his business. Bookey stated he respects the Task Force's work and recommends Map "B" (TSHTF Alternate No. 1). Swarner stated she supported Map "C" (Alternate No. 2). NOTION TO AMM I Councilwoman Monfor MOVED to amend to have this ordinance include the Townsite Historic Task Force rezone recommendation of Alternate No. 2, Map "C." Councilwoman Swarner SECONDED the motion. VOTE ON I Smalley: No Swarner: Yes MOTION PASSED. VOTE ON AMENDED MOTION$ Smalley: No Swarner: Yes NOTION PASB$D. Williams: Yes Monfor: Yes Williams: Yes Monfor: Yes Bookey: No Measles: Yes Bookey: Yes Measles: Yes C-4. Ordinance No. 1570-93 - Amending the Land Use Table to Include Townsite Historic Zone. LOTION$ Councilman Smalley MOVED for adoption of ordinance No. 1570-93 and Councilwoman Monfor BE-NDED the motion. Public comment: 18 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 61 1993 PAGE 13 Jim Araess - Pointed out the recommendation onP&Z recommendation was for single family homes, no duple allows duplexes. eaudra Vo$ar - Stated she has been in nAlV zarka for 24 years. stated people whQar stated she owns Tract 3A on the blu were in old Town in the past Zarvdiscussed her opinionbeen ofnthe development in old Town. Vo negatives of the Land Use Table. ifVg meoneawantshtolbuildsa8nice very restrictive. Vozar state In order for building, let them have the erarea is needed. profitable development, williams asked Bannock and Smalley in their tenure (approximately 15 years) on the Planning & Zoning Commissi�n,gmalleymany statedSMr. conditional use permit has been turned down Tomerle's business was turned down due ta metaiegramedibuiiaing� the ordinance. Tomerle could not build Bannock stated some were discussed, but never produced. other conditional use permits were discussed. Monfor stated there is amend the ordinance at ordinance or adding to MOTION TO AMEND: nothing that will not allow Council Lo any time, either deleting from the it. Smalley agreed. Councilman Smalley MOVED to make a theater conDED the motion* use in the Land Use Table. Councilman Measles VOTE ON JkXZNDMBNTI Smalley: Yes Williams: Yes Swarner: Yes Monfor: Yes NOTION GABBED UNANIMOUSLY. VOTE ON AMENDED MOTION: Smalley: Yes williams: Yes Swarner: Yes Monfor: Yes MOTION VABBED UNANIMOUSLY. • Bookey: Yes Measles: Yes Bookey: Yes Measles: Yes n KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 14 C-S, Resolution No. 93-77 - Accepting a Grant From the State of Alaska, Department of Environmental Conservation for Thompson Park Water and Sewer Mains. MOTIONS Councilwoman Monfor MOVED for approval of Resolution No. 93-77 and requested VMIMOUS CONBENTe Councilwoman Swarner BECONDED the motion. There were no public or council comments. VOTES There were no objections to the motion. 00 ORDERED. BasuS 95 30 P.M. HACK TO ORDERS 9:40 P.M. -4 y 77 • _tl Y_ ._ • �.�.Y �__. _ • _� D-1. Council on Aging Swarner reported the minutes of the last meeting were included in the packet. Swarner reported the Council on Aging is requesting Councll's approval of an increase in ride donations to $1.00 each way and meals to $2.50, effective November 1. 1993. MOTIONS Councilwoman Swarner MOVED to accept the Council on Aging recommendation to increase ride donations to $1.00.each way and meal suggested contribution to $2.50 (up $.50)0, effective November 1, 1993. Councilman Smalley BECONDED the motion. There were no objections. BO ORDERED. D-29 Airport Commission Councilman Measles reported there was no meeting since the last council meeting. The next meeting will be held.October 140, 1993. Hill Toppa - Chairman of the Airport Commission. Toppa-stated his concern that the Commission is being a buffer between the vublic and the Council. Toppa added the Commission has olunteered a lot of time on issues before them. Some have been r • KENAI CITY COUNCIL MEETING MINUTES OCTOBER•6, 1993 PAGE 15 simple, some were not. At the last meeting, the Commission passed a motion to recommend five parking spaces be made available for car rental agencies at the south end of the terminal. Toppa stated they believed they used the property process to bring the item to Council. Although they thought it should have been handled by Administration. Toppa stated he understands the item was removed from tonight's agenda. Toppa stated he understands some of the car rental agency owners were told tonight this would be an experiment and for the winter. Toppa stated this was not the intent of the Airport Commission. Toppa added it is time some of their recommendations are taken more seriously by Council. Williams stated the item was discussed as to whether it should or should not be brought to Council. One of the members of the car rental agencies indicated he could not speak for all the agency owners. Council believes it is an administrative matter and does not need to be discussed by Council. Toppa stated the matter was discussed by the Commission two meetings ago and should have been handled then. Williams stated the matter will be handled administratively through the airport manager and city manager. Toppa stated he wants proper and due consideration for the Commission. D-3. Harbor commission Bookey reported there was no meeting since the last council meeting. The next meeting is scheduled for October 11, 1993. Bookey reported a letter of resignation has been received (included in the packet) from Bill Altland. Williams requested the Clerk to compile all applications on file for review. Williams suggested appointments be made at the next council meeting after certification of election. There were no • objections. D-4. Library commission Monfor reported a meeting was scheduled for last night, however there was no quorum. Monfor referred to the survey included in the last council packet and hoped Council reviewed it. ICENAI CITY OCTOSER 61 PAGE 16 COUNCIL MEETING MINUTES 1993 Monfor requested an area be added to the commission/committee application for the applicant to give an overview of why they want to serve on the commission/committee. There were no objections. D-S. Parks i Recreation Commission Parks & Recreation Director McGillivray stated the minutes of the last meeting were included in the packet. The next meeting will be held next week. The Commission is in need of a student representative. Smalley stated he has given the application to LeeAnn Bingham who teaches government at KCHS. Smalley will remind her. D-6. Planning a Zoning Commission Smalley reported minutes from the September 8 and 22 meetings were included in the packet. Two conditional use permits were. approved. The permit for Zubeck had some limitations included, i.e. no trespass to other private property or materials left. there; no noise impediment of school operation; and no traffic on the paved road. An encroachment in Mommsen Subdivision was also approved. Smalley added development in TSH zone was approved for an addition to the Roger Consiel home. An extension of construction schedule for Pitts/Eichholtz was approved. Swarner asked how many more encroachments are there in Kenai. Smalley stated many. Smalley stated they will come up through title searches. Swarner stated something needs to be done. D-7. Miscellaneous Commissions and Committees All -America City - Councilwoman Monfor thanked Council for the opportunity to travel to Washington, DC to attend the White House Rose Garden Ceremony for the presentation of the 1992 All -America City award by President Clinton. Monfor added it was a real honor. Williams agreed and read from the ceremony transcript which was included in the packet. 0eautifioation Committee - Swarner stated the minutes of the last meeting were included in the packet. Swarner asked McGillivray if the Code had been reviewed in regard to keeping persons from • RENAI CITY COUNCIL MEETING MINUTES OCT088R 6, 1993 PAGE 17 6 C� leavin their dogs excrements in the Leif Hansen Memorial Park. McGillivray stated he discussed the matter with his staff and Bob Frates and they did not feel there is a problem. Regular MOating of 86Pt6mbar 19, 1993. Approved by Consent Agenda. None. Disoussioa - AML Dues structure Clerk Freas referred to her memorandum included in the packet. Assemblymember Torgerson forwarded a letter and copy of the Kenai Peninsula Borough Resolution No. 93-111 which was included in the packet. The resolution offers another pay schedule for the AML dues structure and urges the exemption of the Borough to the mandatory municipal self -pay dues program by the AML. KPB Resolution No. 93-111 will only become effective after Borough municipalities have passed resolutions supporting fiorgerson�s proposed pay schedule. Freas asked Council if they wish to support Torgerson's alternate pay schedule and if so, should Administration be directed to prepare a supporting resolution for action at the October 20, 1993 council meeting. Measlesarsked if the weighted vote issue had been settled. Williams stated he did not know. Measles stated if Council agrees to the resolution regarding the pay schedule,. they were not supporting the weighted vote. Council could still move back from the weighted vote issue. Williams stated the An Board voted to disallow boroughs to pay dues for the cities. Williams added the resolution would try to exempt the Kenai Peninsula Borough from the AML decision. • KENAI CITY OCTOBER 6, PAGE 18 EYC-y4ui Councilman Councilman objections. COUNCIL MEETING MINUTES 1993 Measles MOVED to Smalley 8ECOHDED 80 ORDERED* support the Borough's resolution and the motion. There were no A resolution should be included on the next agenda for action. H-1. Bills to be Paid, sills to be Ratified MOTION a Councilman Smalley MOVED to pay the bills and Councilman Measles BECOND13D the motion. Councilman Measles requested MUMIMOUS CONOM T. There were no objections. 80 ORDERED. H-z., Purchase Orders oxceeding $10,000 MOTIONS Councilman Measles MOVED for approval of the purchase orders exceeding $1,000 and requested OWXMO08 CONSENT. Councilman Smalley 8ECONDED the motion. There were no objections. SO ORDERED. 2-3. Ordinance No. 1372-93 - Increasing Estimated Revenues and appropriations by $1,950,000 in the Thompson Park Water and Sewer Lines Capital Project Fund. Approved by consent agenda. H-4. Discussion - Airport Gift Shop - Request for Rent Reduction. Swarner asked if the rent reduction request has been before the Airport Commission. Ernst stated no.because the request arrived after the last Commission meeting. Swarner requested the rent reduction request be forwarded to the Commission for recommendation first. Toppa stated rent reduction requests had been discussed several years ago. Monfor stated the gift shop was not open a lot during the summer. Monfor asked if the Commission could review that • KENAI CITY OCTOBER 6, PAGE 19 COUNCIL MEETING MINUTES 1993 matter. Williams stated he has talked with t discussed whether the leasing structure couldhe operators and one operator instead of three. be rearranged to be is not a viable business for the terminal. decided the gift shop there would be a limitation as to what can b dopey asked if vendor agreements, a done due to the Swarner requested the item be taken to the Air There were no objections, port Commission. Bookey suggested the Airport Commission review all leases. Bookey feels they are circumventing the leases reduction is requested and approved. each time a rent 8"5• Discussion - Airport Commission - Rec Designate Five Parking Spaces at South Enddofi Tea to for Car Rental Use. rminal Removed from agenda. Discussion - • Subdivision-EichholtZ/puts - Lot 4, Block 1 Schedule. Request for Extensions of Construct,FBOion Dan Pitts - Updated Council of their ready to break ground. They have them onee8fro Stated they are have purchased the equipment and hired a contractor.m the bank. They DEC approval and the tanks are ready. The contractor They have start Monday. Pitts re expeCts to construction schedule. gTheteXtensio�yWer extension of the ill be to October, 1994. MO'1'IOl�is Councilman Smalley MOVED for approval construction and Councilman Meles$Of the extension for noun i Co lwoman Swarner requested ONANtMOIIS CopB�.motion, Williams referred to the below -ground tanks Williams asked if they have investigated the twat will b Pitts stated they will be placing them 101 t water table have had no problems in the last 12 ears ° 12 dawn• contractor will be strapping the tanks down astts added VOT21 well. There were no objections to the motion. 80 ORDLRBD. e placing. e depth. They the • CAI CITY OCTOBBR 6,, FAGS 20 COUNCIL MEETING MINUTES 1993 R-7. Discussion - Airport Lounge - Request quest for Noon Sign. Removed from agenda. a -so Approval - Surplus Motor Starters/Sewer Treatment Plant. MOTIONS Councilman Smalley MOVSD for approval to declare surplus and authorize sale of old motor starters without auction and allow Public Works to sell them to a buyer through Debenham Electric for whatever price can be had. Councilwoman Monfor s1SC011DED the motion. There were no objections. SO ORDlRED. a-9• Discussion - Recreation Center Gym User Fees. McGillivray referred to a memorandum distributed to Council at the beginning of the meeting and added to the agenda. McGillivray stated they have completed one month of charging a user fee. McGillivray stated only adults are charged the fee. The staff has not urged students. They have sold nine punch cards. McGillivray estimated they will collect $7.00o to $8,000 a year. Smalley stated Council was under the impression (when the item was discussed at the 9/21/93 meeting) students would be charged a fee as well. Smalley stated he does not have a problem chargin adults, i.e. age IS or over. g McGillivray stated he discussed fee charges with other recreation departments throughout the state. Fees are charged from $1.00 to $2.50 for other gyms. Monfor asked if the fee was advertised first before collecting it. McGillivray stated it was posted at the Center for approximately two weeks. The sign stated the fees would continue from the summer charges. Monfor recommended when a fee is to be instituted or an increase in a fee is to begin (like the boat ramp), an announcement be put in the paper and on the radio. the public when they have no noticefor added it really irritates Williams stated it caught him off -guard that a fee Without Councils knowledge or a .was instituted matter was discussed at the AugustrParks & Recreation stated the Which time the Commission thought they had a n meeting at pproved.the fee a d as 7� • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 21 the matter was forwarded to Council. It was discovered no formal motion was made, so it was brought back to the Commission and discussed again, motioned, and approved. Williams questioned the renting of the gym for aerobics classes, etc. and the person renting then collects fees from the students attending the class. McGillivray stated the gym fee (for use of the whole gym) is $15.00 per hour. If someone uses one-half the space, the charge is $7.50. McGillivray stated it has always been their policy to rent the gym for aerobics and the teacher charges a fee, etc. If there are over 20 persons in a class, the Recreation Center charges $.50 more a person over the $15.00 gym charge from the instructor. Williams stated he is concerned it may be a conflict with private enterprise. McGillivray stated this matter was discussed with Council last year. Smalley stated it was brought up by people from an entity outside of the city limits. Bookey stated he agreed with Williams. Smalley stated the survey information stated the Recreation Center had the highest use. Smalley added he did not believe the City is in competition with other city businesses. Smalley asked where the line would be drawn, i.e. if another racquetball court opened in Kenai, or weight training, dancing, would the facility's scope be changed? Measles stated his concern is like any other lease for a city building; what is the City's liability for the class and the students in the class. Measles suggested the person teaching the class (renting the gym) should be required to have insurance coverage. McGillivray stated all instructors have waivers for their students to sign. McGillivray added Attorney Graves reviewed the waiver. Graves stated insurance coverage is better than a waiver. Graves added he remembers looking at the waivers about a year ago. Graves stated he will review the insurance question if Council desires. Measles stated he would like the matter reviewed. Smalley asked who covers the insurance for City league basketball, whether they are using a school gym or city gym. McGillivray stated he believes the City does. Graves added there has never been a claim to the City from league basketball. Williams asked Council if they wished to continue the gym use fee. Consensus was yes. s • RENAI CITY COUNCIL MEETING MINUT83 OCTOBffit 61 1993 PAGE 22 • Smalley stated if there are adjustments to the charge, the matter should be brought back to Council for review and action. =-i. Mayor i. Tree Transplanting - Williams stated he has learned Barron Butler has purchased the Texaco station in Kenai. Butler stated he plans to cut down the evergreen trees situated in front of the station. Williams suggested Council, through its beautification efforts, have the trees transplanted. Monfor asked if Butler has returned the City's sign. Monfor added Butler should get nothing until the sign is returned. Swarner stated transplanting grown trees is pretty involved. McGillivray stated his department's experience in transplanting trees has not been very successful. No action was taken. 2. Restroom Plans - Williams requested $2,500 to $3,000 for the drawing of restroom plans. The restroom had been discussed previously with Council. The restroom would be placed by the Plant Test Site by the ballfields. Williams stated the plans must be signed by a licensed architect because it is the City who wants to build the facility. Monfor stated she thought the work would be done in-house. Williams stated the plans must be stamped by an architect. Swarner stated she had a problem with that much money. Williams stated he had hoped to have the facility built. Williams added he has discussed the matter with Finance Director Brown and Brown believes the funding can come from the Daubenspeck account. Monfor asked if this design could be used for other facilities. Williams stated the standard outhouse design would need changing. Monfor stated she was thinking about the use of the design for a new facility at Cunningham Park. Measles stated he would like to have the facility built but not to have it designed by an outside entity. Measles added lots of ports -potties can be rented for $3, 000. Monfor suggested Williams first finds out if volunteers will commit to building the facility. Williams stated he planned to KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 23 ask the Lions Club, Rotary, etc. to volunteer to build it. Williams added it will cost $20,000 to $25,000 to build the facility ono electricity, no hot water). Swarner suggested Administration find pre -drawn plans from the State. Council consensus was 11no" to spending $3,000 for restroom facility plans. 3. I8THA Program - Williams advised Council the ISTEA program has been changed around. However, the Mission Street funding is in the program. Kornelis added the DOT priority list is included in the packet as Information Item No. 2. 4. courthouse Project - Williams suggested having an open house and ribbon -cutting ceremony for the new courthouse during AML week. Kornelis stated the Court System will be closing November 12 and moving through that weekend and reopening in the f new building on Monday, November 15. 5. Vublic Health Nurse Facility - Williams stated he spoke with the Jean Berger, Public Health Nurse and learned they.have put in a $1 million request for a new facility. Williams stated he told Berger Council will be pleased to do a resolution in support. Williams added he has discussed with Council before the donation of land for a health facility between the senior Center and the Leif Hansen Memorial Park. The building would be approximately 51000 square feet. Williams suggested Council consider this matter. 6. Ice Rink - Williams stated the Ice Rink Task Force will meet on Tuesday, October 12, 1993 at 7:00 p.m. The Task Force has hired a consultant for fund raising events and KPHA has joined in the effort. KPHA will be funding the cost of a brochure. Williams added the Task Force has discussed a number of different ways to raise money, i.e. Permanent Fund Dividend check, City's money, etc. Smalley stated he has discussed the brochure with Nate Kiel. They are in need for an additional $150 for funding the brochure. Smalley asked if the Mayor or the City could donate the $150. Williams advised Council there will be a major town hall meeting at KCHS, tentatively scheduled for November 9 to discuss the ice rink. Swarner stated she is not in favor of spending City money now. Swarner added she would like to see the people truly • KENAI CITY OCTOBER 6, PAGE 24 11 • COUNCIL MEETING MINUTES 1993 interested to come up with the front money* swarner stated the City can give support with paper products, etc, but no money now. No donation was approved. I-29 City Manager 1. Fire Truck Grant - Manninen reported a letter confirming the fire truck grant approval was received. The grant is for $214,000. Manninen added nothing has been heard about the water improvement grant as yet. 2. dater i Bower increase Letter - Manninen reported the water and sewer increase letter was revised and sent out. Manninen offered a copy to anyone interested. 3. Well Drilling - Manninen reported the allotted amount of money was spent for the well drilling. A test well was drilled to 300 feet. Manninen passed water samples from the present well and the test well. Manninen requested.$10,000 to either go deeper or pump water from the test well to see if it gets clearer. Manninen stated the test well is a large source Of water, but is not very clear. Measles suggested to go another 500 feet or so because he did not think any wells have been drilled that deep here and no one knows if there may be better water at that depth. Bookey was concerned if the well is drilled to 500 feet, salt water may be found. Kornelis stated he does not think that would happen. Kornelis requested $4,500 more for drilling. Kornelis added he did not know if they would have to go that far and maybe will not use all that amount of money. However, if better water is found, they will have it tested. LOTION: Councilman Measles MOVED to allow the not -to -exceed amount of $5,000 be issues in a purchase order to Kraxberger Drilling for continuing with the drilling of the exploratory water well. Councilman Smalley BECONDED the motion and requested VIWXHOV9 CONSENT. There were no objections. 80 ORDERED. I-3. Attorney No report. • • • KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 25 1-4. City Clerk 1. Telephone Boll - Clerk Freas read into the record the findings of a telephone poll taken on September 23 and 24, 1993 to issue a purchase order to Batir Creative to move a fire hydrant located on Second Avenue to the backslope of the ditch approximately 101 further from the centerline than it was. The hydrant needed to be moved before the paving on Second Avenue to save having to cut the pavement at a later date and also it will cost much less to do it now. The amount of the purchase order is $2,000.00. The telephone poll was approved (four yes, one no, one out of town) . 2. Historic Preservation Fund Program - Freas referred to her memorandum included in the packet and information regarding the Historic Preservation Fund Program. A short discussion followed. Williams asked Council if they wished to start the application process for the grants. Administration was directed to begin the grant process. Williams stated the grant will be for the initial planning and cost analysis of the Historic Village. 3. Council Packets - Freas reported Kathyrn DeLacee of the Kenai Airport Business Alliance contacted her office and spoke with Sheryl. DeLacee stated she tentatively wanted to be placed on a list to receive a council packet. Freas requested input from Council as to what charge should be fixed for the cost of packets. Freas stated during the discussion DeLacee stated she was not sure they wanted to receive the whole packet, maybe only a portion of it. Freas stated to Council she would not put together only a portion of a packet. DeLacee (from the audience) stated she had not received a copy of the agenda from the Airport Manager. Freas stated the agendas are always available for.the public on Friday afternoons through the time of the meeting. Copies of ordinances, resolutions and back-up materials are available upon request. DeLacee asked if something came up at an Airport Commission meeting or is listed as a discussion item on the agenda that KABA would like to offer written comment to, is. there a time when they could get that information to Council prior to the meeting. Freas stated the cut-off time for information to be included in the packet is noon on packet day (the Friday prior to the meeting). Additional information can be brought to Freas, O KENAI CITY COUNCIL MEETING MINUTES OCTOBER 61 1993 PAGE 26 preferably on Monday before the meeting, in order that it be distributed to administration for review, and added to.the agenda. No action was taken. 2-5. Finance Director No report. t-e. Public Works Director Kornelis gave an update of city projects. Z-7. Airport Managor No report. ITEM Js DI8cuBez �1 47-1. citizens None. J-2. council Dooley - Bookey stated he has been requested to be a subcontractor on a bid for the courthouse soils remediation project. Bookey stated.he will abstain on votes on anything to do with the bid on that contract. Kornelis stated the Grace Drilling property has been put on the project, but is broken out from the other bid. Kornelis added Grace Drilling is responsible for all of the piles of soil. Kornelis stated he has written Grace Drilling telling them to remove their junk and the four barrels of unknown liquid on the property. Grace Drilling has not responded. evarner - RV Park Building Permits - Requested to see an ordinance or some manner of directive requiring building permits for RV parks. Kornelis stated no buildinq permit was -required because there was no building. However, it was required to have DEC approval and they needed to hook into the sewer .line. Earthwork and pipes were inspected. No action was taken. 0 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 27 Street Parking - Swarner stated it was brought to her attention during her campaign parking is allowed only on one side of the street by Rainbow Bar. Chief Morris stated he will look into it. Swarner requested parking be kept to one side on Lawton and South Forest also. Kornelis stated they will be placing no parking signs on one side of the street on Lawton. ZEN Paving Project - Swarner reported a small hole in the paving on McKinley. Monfor - AML Booth - Reported she received information for the AML booth and requested help from Pat Porter, Kornelis and Freas. Council approved the $250.00 cost for the booth. i0/20/93 Council Meeting - Monfor reported she will not be attending the next council meeting. Measles - Will be out of town during the week of the next council meeting. Smalley - Welcomed Councilwoman Swarner back and stated best wishes to Duane Bannock. Smalley reported the culvert At the golf course on the back nine is eroding. Smalley suggested it could be asphalt problems. Williams - USIA Grant - Referred to the copy of the USIA grant forwarded to Council. Student Government Day - William suggested Government Day be held sometime other than December i because he and Manninen will be out of town. Smalley suggested the November 17 meeting. Williams will get in touch with the teacher to confirm. Unfunded Mandate Resolution - Williams asked Council if they wished to bring a resolution forward to the next meeting supporting Unfunded Mandate Day. Council consensus was yes. Tim Navarre - Williams congratulated Tim Navarre for his election to the School Board. Navarre was present in the audience. Kenai Packers - Williams referred to the letter distributed at the beginning of the meeting and added to the agenda as Information Item No. 18. The letter stated Kenai Packers will be closing. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 6, 1993 PAGE 28 The meeting adjourned at approximately 11:34 p.m. Minutes transcribed and submitted by: 0 AP OV?20 DY C,00"CIL DAU C, ricuix 0