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HomeMy WebLinkAbout1991-04-03 Council Minutes• 46 • KENAI CITY COUNCIL - RSOULAR =XT=NO APRIL 3, 1991 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*j 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, 8. BCHZ 8D RMI0 20 M (10 Minutes) c • PMZ in -an 1. ordinanae No. 1420-91 - Finding That Certain Foreclosed Land is Required for Public Use. 2. ordinanae No. 1421-91 - Finding that Lot 9, Block 2, F.B.O. subdivision No. 4, City -Owned Airport Lands, is Not Required for Public Use. 3. ordinanae No. 1422-91 - Increasing Estimated Revenues and Appropriations by $2,060.00 in the Senior Citizens - Borough Special Revenue -Fund. 4. Ordinance No. 1423-91 - Increasing Estimated Revenues and Appropriations by $1,992 in the General Fund ad a Result of Donations Made to the Parks and Recreation Department. 5. Ordinance No. 1424-91 - Increasing Estimated Revenues and Appropriations by $2,500 in the Council on Aging Borough Fund for the Purchase of Dishes for the Senior Center. 6• Ordinance No. 1425-91 - Increasing Estimated Revenues and Appropriations by $38,295 in the General Fund From the Reserve for Athletic Expenditures. -1- 7. Resolution No. 91-12 - Recommending Passage of House. Bill 125 "An Act Relating to the Boat and Water.Safety, Boating Accidents and Boat Numbering" by the 17th Alaska State Legislature. 81 Resolution No. 91-13 - Transferring $20752 in the General Fund for Purchase of a Microform Reader/Printer. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of March 20, 1991. ,�. 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $10000 3. •Ordinanoe No. 1427-91 - Increasing Estimated Revenue, and Appropriations by $244,000 in the General Fund for. the Purchase of Property at the Site of the New Visitors and Cultural Center. 4. Approval - 4pplication for Lease/Lot 10, Block 1, Etolin subdivision No. 3. 1. mayor, 2. City Manager -2-- 3, Attorney 40. City Clerk S. Finance Director. 6. Public Works Director 7•. A►irport Manager s. »=eCvses_o_�t 1, Citizens 2. Council x. �oy�wM -3- • 10 Y XRM CITY COUNCIL - REGULAR X33TING MINUTES APRIL 3, 1991 MAYOR JOHN J. WILLIAMB, PREGIDINO Mayor Williams called the meeting to order at approximately 7:00 p.mo in the Council Chambers -in the Kenai City Hall Building. Mayor Williams led those assembled in the -Pledge of Allegiance. A-2 Roll was taken by the City Clerk. Present were: Walker, Williams, Measles, and Swarner. Absent were Monfor and McComsey. A- 5. Smalley, Mayor Williams requested the following changes to the agenda: ADD: Discussion - Kenai Bicontonnial visitors and Convention Bureau - Set meeting to discuss the proposed budget for opening and operation of the facility from January 1, 1992 through June 30, 1992 and FY 1992-1993. Info IteU - 8 - 3/21/91 AML letter requesting nominations for participants in the Alaska Municipal Pollution Prevention Roundtable. Fist meeting - May 11-2, 1991 in Juneau. Other meets to follow. Info Ite* - 9 - 4/1/91/ Ashley Reed Budget Report, Into Item - 10 - Heritage, Quarterly newsletter of the Office of History and Archaeology, AK Division of Parks and outdoor Recreation. Into Item - 11 - MMOBNCT RSpPONSE IN ALASKA, -- Compilation of Information to be presented to Legislature regarding the Proposed Cold Water Recovery School. Mayor Williams requested the following changes to the Consent Agenda: ADDS +8-S, Games of Chance and Contests of Skill Kermit Application - Kenai Emblem Club 0455, • • KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1991 PAGE 2 NOTIONS Councilman Smalley MOVED for approval of the amended agendas and requested UNANIM008 CONSENT. Councilwoman Swarner 88CONDED the motion. There were no objections. BO ORDERED. ,a_!�A LIT, There was no scheduled public comment. C-1. ordinance No. 1420-91 - Finding That Certain Foreclosed Land is Required for Public Use, NOTION: Councilman Measles MOVED for adoption of Ordinance No. 1420-91 and Councilman Smalley SECONDED the motion. There were no public or Council comments. VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent NOTION PASSED VNANIMOUBLY. C-2. Ordinance No. 1421-91 - Finding that Lot 9, Block 2, F.B.O. Subdivision No. 4, City -Owned Airport Lands, is Not Required for Public Use. LOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1421-91 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. �J KENNAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 3 VOTES Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent NOTION PASSED UNANINOUSLY. 0-3. Ordinance No. 1422-91 - Increasing Estimated Revenues and Appropriations by $2,060.00 in the Senior Citizens - Borough Special Revenue Fund. MOTIONS Councilman Measles MOVED for adoption of Ordinance No. 1423-91 and Councilman Smalley SECONDED the motion. There were no public a, or Council comments. VOTES Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PASSED UNANIMOUSLY. C-4• Ordinance No. 1423-91 - Increasing Estimated Revenues and Appropriations by $1,992 in the General Fund as a Result of Donations Made to the Parks and Recreation Department, NOTIONS Councilman Smalley MOVED for adoption of Ordinance No. 1423-91 and Councilman Measles SECONDED the motion. There were no public or Council comments. It VOTE: Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent NOTION PASSED UWANIMOUSLY. KENAI CITY COUNCIL NE APRIL 3, 1991 ETING MINUTES PAGE 4 C's• 0"13 an06 No. 3424-91 - Increasing Estimatedes and Appropriations by $2,50Q in the Council on Agin Borough Fund for the Purchase of Dishes for the Aging Center. MOTION= Councilwoman Swarner MOVSD for adoption of Ordinance and Councilman Smalley 82CONDED the motion. There were 1424-91 Council comments. a public or VOTBt Smalley: Yes Williams: Swarner: Yes Yee Walker: Yes Y• Absent McComas Monfor: Absent Measles: Yes MOTION PA88ND tiNANIMOUBLY. C-6. ordifi4aoe No. i485_91 _ Increasing Estimated and Appropriations b Revenues the Reserve for AthleticExpenditures. in the General Fund From xpenditures. MOTION: Councilman Smalley NOVED for adoption of ordinance No. - and Councilwoman Swarner SECONDED the motion. 1425 91 There were no public comments. McGillivray stated that the moweratosbe purchased Director shown on the video which was watched by ouncil. Councilman one Measles asked if this exercise bike fa in addition to the exercise bike listed on Ordinance No. 1423-91. McGillivray stated yes. Councilman Smalley stated that he has had questions from asking if the Rec Center will be adding any free weights citizens weight room. McGillivray stated that the weight weights to the on space. The weights that are already available room is limited about 95$ of the people using the weight®. Man a of that require added weights have weights at homey He of the people that those People bring extra weights from home. If that more weights available, the chance of someone injuring are . increases also. g themselves • KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1991 PAGE 5 Councilman Walker stated that he is not specifically against the purchase of an exercise bike or hair dryers for the Recreation . Center. He does not support the purchase of the mower as he does not believe it to be considered athletic. The purchase of the mower was discussed during last year's budget sessions. It was decided at that time not to purchase the mower this year. Walker will not support this purchase now and will not next year. Walker stated it is too expensive of an item for the City of Kenai. Mayor Williams asked McGillivray if there is money in his account for the full-sized lockers discussed in an earlier meeting. McGillivray stated that he has not ordered the lockers as yet. Williams complimented Administration for finding a way to purchase the mower. Discussions in the past have been how to use the monies from the Daubenspeck reserve fund. Williams believes that Mr. & Mrs. Daubenspeck would like the monies spent on the mower as it will lend itself to beautify the City. Also, the purchase of the mower should keep personnel costs down. Councilwoman Swarner asked for more specifics on the exercise bike. McGillivray stated that he has a brochure if Council would like to look at it. This bike is computerized. It is also a commercial grade exercise bike. The others at the Rec Center are not commercial. One is not being used at this time because it needs some repair work. Swarner requested to see a picture of the bike. Councilman Smalley stated that he agrees with the Mayor as to the ingenious way Administration found to purchase the mower. Smalley stated that he believes the mower is tied into recreation through the ballfields. Smalley believes Daubenspeck would think it a worthy expenditure. Smalley also supports the purchase of the exercise bike. VOTE: Smalley: Yes Williams: Yes Walker: No Swarner: Yes Monfor: Absent Measles: Yes McComsey: Absent MOTION PA88LD. • • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 6 MOTION: Councilman Smalley Kom for Administration to order the lookers and have theta installed as soon as possible before summer. Councilman Measles 6NC0ND2D the motion. Councilman Walker stated that there seems to be Iota of money for lockers, but not for work on roads.. The roads need repair. VOTE i Smalley: Yes Williams: Yes Walker: No Swarner: Yes .Monfor: Absent Measles: Yes McComsey: Absent MOTION PAGOND. C-79 Rosoivtion No. 9Z-12 - Recommending Passage of House Bill 125 "An Act Relating to the Boat and Water Safety, Boating Accidents and Boat Numbering" by the 17th Alaska State Legislature. MOTIONS Councilman Smalley MOVED for approval of Resolution No. 91-12 and Councilman Walker SRCONDED the motion. There was no public comment. City Manager_ Brighton stated that he wanted Council -to make sure they have read the legislation. Brighton is concerned that the change in the legislation will make compliance of the legislation very hard for some of the people who operate boats on the Kenai. River. Also, current State waters will tern into Federal waters. The legislation is complex and there are many boaters -on the Kenai that cannot'compiy with the specifications of the legislation. Councilman Smalley stated he believes the legislation is pretty. standard in regard to:boat numbering, certification, boat safety, etc. Mayor Williams stated that the Coast Guard has been working on a major program on water safety. Boat operators have brought most of the legislation upon themselves. Generally, government moves into action in case of'need because of problems involved in that area. Alaska.has the highest death rate on the water in the United States. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 7 VOTES Smalley: Yes Williams: Swarner: Yes Monfor: McComsey: Absent MOTION PABBBD ONANIHOUBLY. Yes Absent Walker: Yes Measles: Yes C-8. Resolution No. 91-13 - Transferring $2,752 in the General Fund for Purchase of a Microform Reader/Printer. MOTION= Councilman Smalley MOVED for approval of Resolution No. 91--13 and Councilwoman Swarner 88CONDED the motion and requested MMMM008 CONGE117o There was no public comment. Councilman Walker asked for a definition of a microform machine. Librarian DeForest stated it is a machine that can read both microfiche and microfilm, depending which attachment is being used. VOTE $ There were no objections to the request for UNNIMOUB CONBBIiTo so ORDERED. D-1. Counaii on Aging Councilwoman Swarner reported that architect brought plans for the congregate housing project for review. They are available in Public Works Director Kornelis' office. There will be a workshop April 4, 1991. Kornelis stated that bidding will take place in June. They are waiting to see if Legislature will award funding. D-8. Airport Commission Airport Manager Ernst stated that there was no meeting in March. The next meeting is scheduled for April 11, 1991. Mayor Williams reported that the T-33 aircraft should be in Anchorage April 4, 1991. • u KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 8 ' D-3. Harbor Commission Councilman Walker reported that there was no meeting in March. The next meeting is scheduled for April 15, 1991. Williams stated that he spoke with Mr. Nottingham of Nottingham, Peratrovich and Drage regarding the proposed boat ramp. Director Kornelis is to send a copy of the boat ramp application to Mr. Nottingham. Williams also reported that he spoke with Commissioner Sandor regarding the Oberts ramp. Williams was told that they are moving ahead with that ramp. Williams stated that the City is continuing to move ahead for the construction of a boat ramp in the lower River. Williams complimented Brighton in regard to the letter to the Fish and Game office which was included in the packet. Brighton stated that Engineer La3hot was the author of the letter. D-6. Library Commission Librarian DeForest reported that there was no quorum available for the meeting of April'2, 1991. The library will be open on Sundays from 1:00 p.m. to 4:00 p.m. for a trial period through April. She has had requests in the past from citizens for this opening. D-5. Parke i Recreation Commission No report. D-6. planning &.Zoning Commission Councilman Smalley reported that P&Z not on March 27, 3.991. The minutes were not included in the packet. An art gallery proposal was discussed and approved unanimously. There was much discussion regarding this art gallery. Smalley stated to P&Z the comments and concerns that Father Targonsky expressed during the Council Meeting of March 20, 1991. P&Z also approved a plumbing and heating business and reviewed the Economic Trends portion of the Comprehensive Plan, Councilman Walker questioned whether the placement of the apartment in the plumbing and heating building in a commercial zone was acceptable to P&Z. Smalley reported that P&Z discussed this question and approved the plan. �J 1] KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1991 PAGE 9 D-7 9 Miscellaneous Comissions and comittees Mayor Williams stated that he and Director McGillivray will determine a replacement for the Commissioner who resigned. 8-1. Regular Meeting of March 20, 1991. f Approved by Consent Agenda. There was no correspondence* - IT= as OLD BUSINESS There was no Old Business, IT�i1[ St �+ 8'1P BOSIN888 $-1, Bills to be Paid, Bills to be Ratified MOTION$ Councilman Smalley KOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. 8-2. lurchase Orders Exceeding $10000 MOT=ON1 Councilman Measles MOVED to approve the purchase orders exceeding $1,000 and Councilwoman Swarner SECONDED the notion'. There were no objections. 00 ORDBRSD. • KENAI CITY COUNCIL APRIL 31 1991 PAGE 10 MEETING MINUTES E-3, Ordinaaoe No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. Approved by Consent Agenda. 1-4• Approval - Application for Lease/Lot 10, Block 1, Etolin Subdivision No. 3. XOTtONs Councilman Smalley MOVED for approval of the application for lease, Lot 10, Block 1, Etolin Subdivision No. 3 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Walker stated that he "r' read that portion of the minutes of P&Z's meeting of March 27, 1991(Smalley had an unapproved copy from Administration). Walker questioned why an apartment can be allowed in this project, but not for Mr. Maquire's property which was requested last fall. Smalley stated Maquire wanted approval for a business in a residential zone. Walker stated the property was re -zoned. Walker stated he has not found information in the Code which would allow the apartment in this zone. Williams stated that there is no explicit permission, but no prohibition. Smalley stated that he did not remember any Maquire application coming back to P&Z regarding an apartment in a commercially zoned property. Walker stated he does not have a problem with the project plan, he does not want the City to get in trouble for it later. • TO NOTIOul Councilman Walker MOVED to allow the approval of the application providing the Legal Department has no problem with the zoning. Councilwoman Swarner SECONDED the motion. There were no objections to the amendment. 00 OItD D. VOTE ON AMENDED MOTION: Smalley: Yes Swarner: Yes McComsey: Absent Williams: Yes Walker: Yes Monfor: Absent Measles: Yes MOTION BASSBD UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 11 8-6• Discussion - Kenai Bicentennial visitors and convention Bureau Mayor Williams stated that the KBVCB is requesting a meeting to discuss the proposed budget for opening and operating the facility from January 1, 1992 through June 30, 1992 and FY 1992- 1993. Williams stated that he spoke with Mrs. Carter and suggested that Council would probably not address this matter until later in the year. It may be addressed as a supplemental to the budget when the building is completed. MOTIONS Councilman Walker MOVED to postpone the discussion of the KBVCB building until September or'October. Councilman Smalley SZCOXDED the motion. There were no objections to the motion. s0 ORD==. 16 S � ADMINxBTRATION RBPORTB =-1. mayor Williams stated that a copy of the proposed budget was included with the packet. Administration presented a very good budget. Williams would like discussions to begin on the budget as soon as Possible. Several dates were discussed for a work session. Council chose to meet on April 15, 1991 at 7:00 p.m. in Council Chambers. Williams distributed a copy of a report entitled, Emergency Response in Alaska. This report was composed in regard to the proposed Cold Water Recovery Project. Williams was present during a meeting with Dennis Steffy and a representative of interested fire departments (Fairbanks, Anchorage: At this time Fairbanks and Anchorage have paid the consulting fees for their representative. Williams would like Council to review the report and at the next meeting would like to request funding for consulting fees to help defer costs. Councilwoman Swarner objected to the funding. A long discussion followed in regard to the possibility of the presence of collusion in regard to the upcoming foreclosed land sale. Williams has concerns due to the fact that TransAlaska M Title Company will not write title insurance on foreclosed la nds • KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 12 ' for ten years. Williams believes that the citizenry should be made aware more strongly than they have been in regard to acquiring title insurance. City Manager Brighton stated that the City has followed the Code and Alaska Statutes in regard to the sale of foreclosed lands. An alternative is to not sell the land for ten years. Also there are other title companies in Alaska. Walker stated that he does not want the City to sell the properties at fire sale prices. It was answered that the minimum sale price is one-half the assessed value and that does not constitute a fire sale price. Brighton added that Council can cancel the sale at any time. Williams stated that over the years, the biggest problems the Council has had to face has been land problems. to Smalley stated that he has no objections if the City is following the laws. Brighton stated that the procedure being used is the one followed by the Borough, City of Hooter, City of Seward, and City of Soldotna. Anyone having foreclosed properties have used the saute procedure, • Williams stated that he has had developers call him. They may have problems getting financing without having clear title. It is a political decision that Council may have to take. Brighton stated that the buyer can do whatever he wants to get clear title. Smalley stated that if the City has followed the law to the letter, there is no problem, no conspiracy or collusion. Finance Director Brown stated that he spoke with the title company in regard to the sale. Potential buyers can get a quit claim deed from the former owner. This is normally done and there is nothing wrong with that. Brown does not see that as a conspiracy, but a way to manage the sale. The question of a relative of a former owner bidding for the former owner's property and winning the bid was discussed in a staff meeting. The City has no intention of making accusations or not allowing a sale to a former owner if it is the best bid. Councilman Measles stated that if the highest bid is received from a former owner, it does not matter where the money comes from because that is all the money the City will get for the property. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1991 PAGE 13 Measles added that it makes no difference who buys the property. Williams stated -that he agrees, but if the former owner buys, his bid is just as good as anyone else's bid. Brown added that the sale does not affect the lawsuit which the City has against McLanels. This is a separate issue. Walker suggested that they take this time to review this discussion and the proposed sale. The discussion should be brought up again at the April 17, 1991 meeting. There will be time then to cancel or change the conditions of the sale. Smalley agreed. Smalley asked Attorney Graves if there is a way to determine the percentage of cases where a purchase owner foreclosed and was sued. Graves stated that there is one appellate case in Fairbanks. He researched this prior to putting the sale together. There may have been other cases which were not appealed. The municipality was upheld in each case. 1-2. City Manager No report. I-3. !attorney Attorney Graves stated that he sent Council a memo in regard to the settlement offer of the Dean v. Brock litigation. Graves requested direction from Council. MOTION$ Councilman Smalley MOVED that the recommendation of Attorney Graves that the City accept the offer to forego costs and attorneys fees in return for dismissal of the action without an appeal. Councilwoman Swarner BECONDSD the motion. There were no objections to the motion. 80 ORDERED4, Attorney Graves added that he will be out of the office on Thursday and Friday. He will be in Anchorage to attend a wetlands seminar, along with Kornelis and LaShot. I-4 . 40 No report. City Clerk -0, 0 KENAI CITY COUNCIL APRIL 30 1991 PAGE 14 MEETING MINUTES I-s, Finance Director No report. I -so Public Works Director No report. I-7. Airport Manager Airport Manager Ernst stated that he has ordered an environmental assessment on the drainage and safety zone project for the airport. For some reason, the project has been delayed.• The amount of the grant will be for $1.2 million and if the project does not come to grant, it may jeopardize the third year carry- over funds. Ernst would like permission to submit another AIP pre -application for a new fire truck at the airport. The present fire truck is being used with waivers permitting its use as it does not meet the minimum standards. Six individual fire extinguishers were placed on the fire truck to obtain the waiver. FAA will look favorably on the application for a new fire truck. Ernst wants to submit the pre -application just in case the drainage project does not go through to grant. The crash truck can be kept and used also. FAA encourages that it be kept. An addition to the Fire Department building will probably be needed to house the truck which will cost approximately $200,000. That cost will not be covered by FAA. A question was asked if a building is built on the airport to house the truck if the FAA will pay for it. Ernst stated that there is no requirement to have the fire truck housed on the airport. Brighton stated that separating the men from the apparatus would not be advantageous. Ernst stated that he will submit a preapplication in case the original drainage project does not come to grant. The purchase of the vehicle will not disallow the spending of the other monies. At this time there are no other major projects on line at the airport. Ernst stated that the additional space for the housing of the truck would be one stall width. Chief Burnett added that one stall is a double bay because vehicles are parked back to back. Consensus of the Council was to submit the preapplication. . KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 15 XIENJI ns§eo ,8X= 97-1. citizens Ike Father Targonsky - Stated that he was disappointed in the Planning & Zoning decision to unanimously approve the plans for the art gallery to be located adjacent to the Russian Orthodox Church and historical chapel by Mr. Steve Peloza. Targonsky believes the approval is in contradiction to the existing ordinance formulated in 1987. Targonsky does not believe that the members of the Planning & Zoning Commission are well acquainted with what the Bicentennial Commission had in mind for that zone at that time. Targonsky stated that the ordinance in 1987 was to protect and enhance the historical portions of the City. Targonsky further stated that he has no problem with having an art gallery in the City, but opposes having it in this area. The only portion of the plan he finds acceptable is the removal of the utility pole near the chapel. Targonsky stated that the Historical Society is also concerned about the plan. A letter will be sent to the City from the Historical Society stating their position. Targonsky also stated that the Historical Preservation Week is scheduled for May 12-18, 1991. He is not aware of any plans by the Chamber of Commerce or the Bicentennial Office to celebrate that week. The Russian Orthodox Church is the only historical site in Kenai. Targonsky requested monetary support from the City for the restoration of the Church. Mayor Williams stated that the City may not, by law, donate to a church. Targonsky stated that he has spoken with attorneys and has been told that if a donation is earmarked for restoration and records show that the money is used only for that restoration, it is allowable. Williams requested Attorney Graves review that suggestion. Councilman Smalley stated that the Church, in order to make the area completely -historical, could have the electrical power removed completely. Smalley also stated that P&Z believes the gallery will enhance the area, the fence will enhance the property and can be very attractive. There is another business, a law office, around the corner in the same zone. Mr. Peloza wants to maintain the historical looks of the area. Williams stated that the City will keep an eye on the business. • b. Michael Carpenter - Mr. Carpenter stated that he has owned the property where the art gallery is to be placed since 1981. He purchased the property from Emil Dolchok. The property �J KENAI CITY COUNCIL MEETING MINUTES APRIL 3, 1991 PAGE 16 has always been in Native hands. No one else has approached him to use the building/property like this before until Mr. Peloza spoke with him. Carpenter believes that this is an appropriate business for the property. The property is commercial. Any kind of business could be put there. He is willing to work with the Church. Carpenter referred to an old picture of the property which is included in the Bicentennial calendar. The picture shows the house as having a picket fence. Carpenter also stated that people remember horses and horse barn at the bottom of the bluff. Carpenter is not agreeable to tents and hot dogs. Carpenter wants to enhance the community, a. eteve Peloza - Mr. Peloza stated that the tent would be used to have art shows outside, but in the tent to protect the art from the weather. The tent will be highly portable and will be able to break down. Peloza would like to have salmon bakes incorporated into the business. Peloza envisions having people spending four to five hours at the property. He believes that salmon bakes would enhance the area. He envisions the business as totally manicured with a changeable format. Mayor Williams* asked if he had discussed the salmon, bake, tent, etc. ideas with the Commission.' Peloza stated yes. Councilman Smalley stated that he attended the meetings when this business was discussed. There was no discussion regarding salmon bakes, etc. Smalley added that the Commission, to the best of his knowledge, was not aware of his desire to sell foods there. Smalley stated that the Planning & Zoning Commission may have some objection to these added ideas of Mr. Peloza. Mayor Williams suggested that the application be sent back to P&Z for another review. Williams suggested to Mr. Peloza that he convey his complete business idea to the Commission. Williams added that the Council will want a full report from P&Z in regard to their decision. Peloza stated that the added ideas are in the study process. Smalley agreed with Williams that Mr. Peloza's application be reviewed again by P&Z. The Council can approve or reject. Peloza added that he is doing a study on whether to include horses in his business. Williams asked Council if they had objections to having Mr. Peloza return to P&Z for more review. Peloza stated that he was 0 1-7 r] KENAI CITY COUNCIL APRIL 3, 1991 PAGE 17 MEETING MINUTES not aware that P&Z needed to make a decision on all the activities he may have going on there. He was not aware that P&Z could change their minds. Smalley added that Commissioner Scott talked about the proposed use of the property for a great deal of time. She believes that if done in good 'taste as discussed, it would enhance the Historical Zone. Smalley is sure P&Z will want to review the proposed use again. There were no objections from Council that P&Z again review the proposal. Williams stated to Mr. Peloza that P&Z needs a fuller understanding of his business proposal. Williams is not sure that P&Z is aware of what Peloza wants to do on that property. The Council may not want to okay the proposal. P&Z is advisory. The Council approves and disapproves. J-2. Council Councilman Walker - Stated that he very much enjoyed the letter Administration sent to Fish & Game regarding the use of City property for a sonar station. Walker also stated that the City Manager is quite aware how displeased he is with the condition of the City streets. Walker stated that he will not back up from this topic or let go. He has never seen the roads in worse shape since 1967. Money for more men or machines should be addressed at budget meetings. Walker reported -receiving many calls from citizens complaining about the roads. The best road is in front of the Mayor's house. Walker added that the City must strongly improve the level of service on the roads. The money Council is spending on Parks & Recreation projects alone tonight would pay a mans salary all winter to run a road grader. The Council needs to reassess its position. Public Works Director Kornelis stated that he was not in town last week, but the conditions probably would not be any different. The break-up came fast. The equipment has been on the roads and in overtime. His department is short-handed at this time. The complaints have been attended to which came into City Hall. Walker stated that he complained two months ago. The road service was not done. Walker stated that Woodland, VIP, etc. KENAI CITY COUNCIL MEETING MINUTES APRIL 31 1991 PAGE 18 were impassable. Walker stated again that he will not back off this problem. It needs to be addressed by Council. if it is needed, the roads should be patrolled every day. Walker suggested that prior to the next budget session, City Manager Brighton review that section of road maintenance and bring answers to that budget session. Councilwoman Swarner - Stated that she is also upset with the road situation. This fiscal budget a man was hired to do airport maintenance and a machine was purchased to work on the airport. She does not know who is at fault, but there is a problem. . City Manager Brighton stated that the person hired to work at the airport resigned approximately one and one-half months ago. He has not yet been replaced. Swarner stated that money was added to the budget last year for more service and it has not improved. Brighton added that he does not remember a break" -up when people were not upset about the roads. The inlets to the sewers have to be thawed in order that the water can drain. There are three road graders and six men. Swarner stated that the snow was not removed two months ago. Brighton stated that Redoubt Avenue, where he lives, was only once in a condition that it could not be traveled this winter. Swarner also stated that the apartment building on Cook Inlet Drive which was to be torn down last summer is still there. Swarner would like a letter written stating that the Council supports the Oil Spill responder immunity bill. MOTIONI Councilwoman Swarner MOVED to have a letter from Council sent to the Legislature stating their support of the oil spill responder immunity bill. Councilman Smalley 8ECONDED the motion. VNANtMOVS CONSENT was requested. There were no objections. SO ORDERED. Councilman Measles - No report. Councilman Smalley - Stated that he has been driving here since 1974. Break-up began in February. This is early. Smalley reminded Council that the Conflict -of -Interest forms are due on April 15, 1991. • i KENAI CITY COUNCIL MEETINd MINUTES APRIL 31 1991 PAGE 19 Kornelis added that there have been roads in the past that have been closed because of pools of water. This has.not happened this year. The'roads have been worse. Swa rner added that perhaps Kornelis could call about water on Redoubt Avenue by the dump. Williams asked if the men removing snow from around the fire hydrants would not dump the snow in front of the sewer drains. Mayor Willi=* - Stated that the last public hearing for the Fire Training school will be in the City Council Chambers on April 4, 1991 at 7:00 p.m. He encouraged councilmembers to attend. NOTION$ Councilman Smalley Mov$D to adjourn the meeting. There were no objections. so OnDngD. The meeting adjourned at 9:05 p.m. Minutes transcribed by: Carol L. Frees, C ty C er (4/10/92) 14PMOVEID BY COUNCIL n r DATE C! CLE''�