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Home My WebLink About1989-07-19 Council MinutesT • 6 lb • • AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 19, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Board of Adjustment - R/V Park and Charter Service - Anglers Acres - Riddles 4. Agenda Approval 5. 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 SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance 1327-89 - Increasing Rev/Appns - Dock Facility, Parking/Staging Areas - Overruns - $6,500 D. COMMISSION/COMMITTEE REPORTS I. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees Be MINUTES 1. *Regular Meeting, July 5, 1989 F. CORRESPONDENCE 1. Dept. of Interior - Wolf Hunting Regulations 2. *Marathon Oil - Steelhead Platform Model G. OLD BUSINESS H. NEW BUSINESS • 1. Bills to be Paid 2. Requisitions P Bills to be Ratified 3• Ordinan�se 1329x89edig $1,000 AssesAssessment PaymentsIncreasing Rev/APpns - sern Assessment o PropertyRefund District Owners in Eagle Assessment Amounts at Re-establish 4. *Ordinance 1330..89 - Increasing 12$ of Costs Lawton. Fathom/Toyonupind/H , 5. ag Rev/Appns - Districts - $370 600 ighland Assessment Approval Change Order Airport Terminal Renovation_ GIIS $2 Construction - 6. Approval - Request to Ret ,464 Wagoner urn Parcels - C1zAp - 7• Disc. - proposed capital Improvement Projects, 8. Disc. - Projects, 9' c. - Additional.Sidewa 10. Disc. - RFP�s. Airport Sidewalks - Memorial Park. _• ADMINISTRATION REP Terminal Leases REPORTS 1. Mayor 3 • y Manager • Attorney 4• CitY Clerk 5• Finance Director 6• Public Works Director 7• Airport Manager J. DISCUSSION 1• Citizens 2• Council e K• ADJOURNMENT • • 'KEW —C TY COUNCIL - REGULAR NEE JULY-19.,..1989 7:00 PM KENAI CITY ' RALL MAYOR JOHN J. WILLIAMS PRESIDING A., CALL TO ORDER 1� F_ Mayor Williams called the meeting to order. A-1 .Pledge of Allegiance A-2 Roll Call Present: Linda Swarner, John Williams, Art McComsey, Ray Measles, Marj O'Reilly, Hal Smalley Absent: Chris Monfor (excused) A-3 Board of Adjustment - R/V Park & Charter Service - Anglers Acres - Riddles Mayor Williams. The first order of business this evening is a request for Board of Adjustment, the problem is that the appealers with the Board of Adjustment hearing have not exhausted all of their remedies with the Administration at this point, so I'm going with the permission of the Council to not request a Board of Adjustment at this time. However, since Mr. & Mrs. Thayer are here this evening I would ask Council indulgence for just a moment while we hear a kind of personal presentation from them, since they took the liberty of staying over to visit us this evening. (To the Thayers) Would you care to state your name for the record. Council has in their hand-outs 2 items marked A-3, which are letters from Judy R. Blair and Michael Blair. Willis Thayer, Anchorage. I am Willis Thayer and my wife Joan is with me. We bought Lot 26 in Anglers Acres in 1976 when the subdivision was first subdivided. I believe we made the first improvements on any of the lots in the area, a driveway in 1977. So we've been here for quite a while. A couple 9f things about the application for permit for guide service, R/V park, Bed & Breakfast - the lots are basically all one acre in size in the subdivision. My -concern is that if everybody in the subdivision is treated fairly they should all have an equal opportunity for a permit for guide service, R/V park, and Bed & Breakfast. How much will those lots stand as far as sewage and water development, how many people? I've asked that you look at that when you approve the request for the permit, and if at all possible limit the permit, keeping in mind that everybody else in the subdivision might be applying for the same permits and, I think, should have the same right to run a commercial operation in that area. If nobody else has that right then the residential lots will decrease in value while the one with the permit will increase, I think, quite dramatically. This is what I'd like you to consider as you proceed through the appeal. I do think that a Bed & Breakfast would have less impact on the appearance in the area than an R/V park, because a Bed & Breakfast would probably be part of the residence. I think a Bed & Breakfast works out very well with a guide service, you have clients from foreign countries, and the lower 48 states. Mayor Williams. Our representative from Pu is Councilman Smalley. Would the attorney want to advise • • Council of the next move and procedure for'this Board of Adjustment request? Atty. Rogers. At this point, I talked to Councilman Smalley and it's been my opinion, the Administrative proceeding below has not been completed or complied with and the issue here really is an original issue before the Council and one that has not specifically been addressed. But I would defer to Councilman Smalley since he sat on that meeting and is much more cognizant than I am. I just got off the plane and am trying to get the packet together. We talked briefly before the meeting. Councilman Smalley. At the P&z meeting the 3 items that were requested were R/V park, Bed & Breakfast and a guide service. The testimony that came in, in written form, that night was from the residents in the area and one gentleman that lived out there came in and spoke. There was considerable opposition, primarily for the R/V park. They talked in terms of leeway, what they would do per se guiding, if they were to guide in, I think, the letter indicates 2 but not more than 3. Planning Secy Loper is in the room, she could probably respopd to that. (To Planning Secy Loper) If they were to guide, it would be like 2 boats, no more than 3? Planning Secy Loper. So far, of the permits we have issued, there have been no more than 3. Councilman Smalley. In that particular area, there seemed to be some discussion, and it was fairly positive in that regard, but the biggest concern was the R/V park. in reading the letter from Steve & Donna Riddle it looks like they're willing to drop the Bed & Breakfast and the R/V park and only go strictly for the guiding service. Tonight, I think if the Board of Adjustment was to meet we would have to consider all 3 items since the original rejection was for those 3. Mr. Thayer. Again, I would say that the Bed & Breakfast would have the least impact on people who desire purely a residential environment than the R/V park and we submitted the letter for the original request. I have a question for the. attorney then. When you give a permit for a guiding -service, is there a way to word that permit so there is a limit on the amount of activity that can accompany that guiding service? There are guiding services on the river that run 10 boats. Atty. Rogers. A conditional use permit can be structured just about any way that one wants to structure it, any kind of conditions gone into it. The problem is the enforcement, and under more esoteric conditions that might be put into it. The problem here tonight is that, what you're now requesting is different than what was dealt with below in that you have limited yourself in what you want now from what I understand. What you really need to do is submit a request for a conditional use permit. As you now want it as opposed to what was previously submitted. Mr. Thayer. I am a resident of the area, we're not considering any permit that I requested. Councilman Smalley. He's in opposition. He's speaking, I think, as --- KBNAI CITY COUNCIL JULY 19, 1989 PAGE 3 Atty. Rogers. In opposition to this. Okay. We have. that on record, we can certainly make that a part of the record. Mr. Thayer.I am notnecessarily in total opposition toit, butin opposition to a blanket approval for a guide service that may eventually run into 10 boats or a Bed & Breakfast that could accommodate 50 people a night. Atty. Rogers. Well, that's a matter that can be addressed by P&Z because they can structure a conditional use permit just about any way they want to. That's what conditional use permits are. They're exceptions to the rule. And they oftentimes usually do, as a matter of fact we have had specific conditions. I would request that these comments be made part of the record, be transcribed or at least that portion of the tape be made available to P&Z in the event that these individuals don't have an opportunity to present that testimony at that.time. Mr. Thayer. Thank you. Council agreed to resubmit to P&Z. A-4 Agenda Approval Mayor Williams spoke. a. 2 letters will be directed to Administration. One from Clarence Ladd, given to Mayor Williams; and one from Ron Anderson, distributed this date to Council. Councilman McCamsey. Regarding the letter from Ron Anderson. The stop signs requested are already in. Council agreed to refer these to Administration. b. Additional material for item H-6 (Request to Return Parcels, CIIAP, T. Wagoner) was distributed this date. c. Application from Shirley Wallingford for Comm/comm appointment, distributed this date, will be added as item I-1. NOTION: Councilman Smalley moved, seconded by Councilman !4CComsey, to approve the agenda as amended. Motion passed by unanimous consent. A-5 Consent Agenda MOTION: Councilman McComsey,moved, seconded by Councilwoman Swarner, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B • SCI3EDULM PUBLIC BEARING None C. PUBLIC HEARINGS KENAI CITY COUNCIL JULY 191 1989 PAGE 4 C-1 Ord.. 1327-89 - Increas. Rev/A - • ppns Dock Facility, Parking/Staging Areas - Overruns - $60,500 t. �- MOTION: COuncilWoMan O'Reilly moved, seconded by Councilwoman Swarner, to adopt the ordinance. There was no public comment. VOTE (Passed): Yes: Williams, McComsey, Measles, O'Reilly, Smalley No: Swarner D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. There is a new Director at the Adult Day Care, Rhonda Webb started Monday. D-2 Airport Commission Councilwoman O'Reilly. There was not a quorum at the July 17 meeting. D-3 Economic Development Commission a. Mayor Williams. There was not a quorum at the July 13 meeting. Councilwoman O'Reilly and Councilman Smalley were there. Councilwoman O'Reilly. The general consensus was the Commission was needed in the City to help with the economic needs of the City. They need to take a look at goals and objectives. The next meeting is Aug. 10, they need representatives from other Comm/Comm to deal with matters of economic development. b. Mayor Williams recommended Shirley Wallingford as a member of the Commission. Council agreed to the. recommendation. D-4 Harbor Commission Public Works Director Kornelis. There was not a quorum at the July 10 meeting, they had a work session. They are getting money.from the lessees.at the harbor, but not filling, as much fuel. There are no fish over the. station. D . 5 , Library Commission None D-6 * Recreation Commission None D-7 Planning & Zoning Councilman Smalley. There was not a quorum at the July 12.meeting. D-8 Misc. Comm/Camas KENAI CITY COUNCIL JULY 19, 1989 PAGE 5 Mayor Williams. The letters on the back of the welcome to.Kenai sign are up. I attended part of the meeting. We reviewed the plan in my letter requesting work on the Memorial Pk. sidewalks be done all at one time. it should be deferred to the 1990-91 budget. Councilman McComsey. We should look at Engineer LaShot's suggestions regarding the sidewalks. Mayor Williams. Cement benches were suggested. Councilwoman Swarner. It was suggested to do part. But they are not in the plan. It is better to start with a plan. Mayor Williams suggested Administration prepare an updated plan with as-builts and material to purchase benches. And hold any decision till next year. Bill Musson, Parks & Rec Supervisor. I want to clarify, we were discussing 2 things. At one point we were talking about cement picnic tables and another time we were discussing iron benches with memorials on the bench. It could be an alternate to trees. They are not cement. Mayor Williams. Give the information to the Beautification Comm. They thought they could make cement benches the same as tables. F. CORRESPONDENCE F-1 Dept-. of Interior - Wolf Hunting Regulations No action by Council. F-2 Marathon Oil - Steelhead Platform Model Deleted from Consent Agenda by unanimous consent of Council. Mayor Williams. I met with Mr. Kukla regarding the platform model. The problem will be we will have to have security. It is very large. ADDED ITEM: Mayor Williams. Have we had any overtures made towards having the.Recorder's Office there? City Manager Brighton. We have. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION Councilman McComsey moved, seconded by Councilwoman Swarner, to pay the bills. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 Councilman McComsey. Regarding the Alaska Cleaners bill for coveralls, are those laundered or dry cleaned? Answer - laundered. MOTION: KENAI CITY COUNCIL JULY 19, 1989 PAGE 6 Councilman MCComsey moved, seconded by Councilman Smaalley# to approve the requisitions as submitted.. Motion passed by unanimous consent. City Manager Brighton. Regarding Jackson Construction, the D-9 Dozer Rental. It was our intent originally to work with the Borough and they would provide their dozer to work on the ball diamonds by the high school. We had to pay to have it transported to and from Homer. We had to send it back before we were through and had to rent another dozer. I think this nullifies our responsibility to share costs with the Borough. Councilman Smalley. When we drafted the agreement, was there mention of this? City Manager Brighton. It was a loosely drafted agreement. We need to indicate what our share is and when they start talking about fence, etc., we should keep this in mind. This is for rental and- transportation. Council agreed to the suggestions. H-3 Ord..1329-89 - Increas. Rev/Appns - Refund Assessment Payments to Property Owners in Eagle Rock/Tern Assessment Dist & Re -Establish Assessment Amounts at 12% of Cost MOTION: Councilman McComsey moved, seconded by Councilman Measles, to introduce the ordinance. VOTE (Failed): Yes: Measles No: Swarner, Williams, McComsey, O'Reilly, Smalley H-5 Approval - Change Order #8 - G&S Construction - Airport Terminal Renovation - $2,464 Mayor Williams. Why does it cost more for 20 gauge then 22 gauge? Public Works Director Kornelis. 20 gauge is thicker. Arch. Kluge's letter explains it. For some reason Arch. Gintoli called for 22 gauge we have 20 on the building. Mayor Williams. The architect was remiss in writing it? Mr. Kornelis. It was changed in the original project but not listed on the as-builts. On the original building it started buckling so we had to change but did not change the as-builts. Councilman McComsey. Why is there a difference in freighti€ they have not brought it in yet? Mr. Kornelis. It would be a little lower. MOTION: Councilman McComsey moved, seconded by Councilman Measles, to approve the change order. Councilwoman Swarner. Is there a possibility of seeing the invoice of material and freight? Answer - yes. Councilwoman Swarner. How many change orders have we had? Public Works Director Kornelis. 7, this is #8. Mayor Williams. Many are asbestos. Councilwoman Swarner. One was Council initiated. KENAI CITY COUNCIL JULY 190, 1989 PAGE 7 Motion passed by unanimous consent. H-6 Approval - Request to Return Parcels - CIIAP - Wagoner g ner Councilman McComsey. There are 4 names and we have only heard from one? Admin. Asst. Howard replied P d yes. Councilman Mccomsey. How do the others feel? Should Mr. Wagoner bring letters? would have to -sign any documents. n. Asst. ty. Rogers.w have 2 marital entities. We Finance Director Brown. Normal wn Council has agreed to cancel land sales, ales, weocedureshave ask that people be current on Payments. This is unusual Only 3 or 4 land sales have annual Pa longer allowed in the Code. A Paymen ts- It is no payment has been made. Year has gone by since Council-man ncc el -man Smalley. Has Mr. Wagoner been made aware of think so. erector Brown's memo? Mr. Brown. I do not Atty. Rogers. If we have direction from council, we will proceed pursuant to their wishes. assume the partner speaks for all I can only Partners. MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, that the Finance Director contact all 4 owns isk twriting to say Council is willing to look at rs bache property once payments are currenttaking . Motion passed by unanimous consent. H-7 Disc. - PropoSed capital Improvem _ ent Projects, 1990_91 Councilman Smalley. P&Z said they would like some street lights. City Manager Brighton. k We eto sthe specified? Councilman Smalley. Y the plan with the bus co They wanted to discuss Kornelis. mpany• Public Works Director i have done it 2 time i would like concurrence from Co s now. Mayor Williams. uncil_ so we can begin discussion on a one-on-one basis on wo things in. If there are major difficult�g these legislators, we can redefine. es with the 5 MOTION: Councilman Smalley moved, seconded b O'ilbPProval oY,.for conditional a Y Councilwoman Capital improvements list. f the 1990-91 Motion passed by unanimous consent. Councilman McComsey suggested a work session _ with the Legislators and Council. Co in Sept. the suggestion. uncle agreed to H-8 Disc. - Matchbook Maps Councilwoman O'Reilly. I saw the samples. attractive, convenient and small. WillitThey are How are they distributed? cost money? Councilman McComsey. Why doesn't the B the. Peninsula? Borough do for KENAI CITY COUNCIL JULY 19, 1989 PAGE 8 City Manager Brighton. All I have is the letter in the packet. It will cost money and it is up to Council to see to distribution. The only people they would be beneficial to are the tourists. Councilwoman Swarner. Did Visitors & Convention Bureau get the information? Mr. Brighton. I don't know. Council agreed to send to the Chamber of Commerce and the visitors & Convention Bureau. H-9 Disc. - Additional Sidewalks - Memorial Park Discussed under D-8. H-10 Disc. - RFP's, Airport Terminal Leases Atty. Rogers. There is an additional item. We dropped out mandatory minority business enterprise, we will have to put it in. Other things, there is a limit on time of leases. There is a Code of Federal Regulations regarding this. We may be limited to 5 years. Renewal may have to come up. On other things, I have a transcription of the work session of June 29 for Council review. We will give to the Airport Commission. Councilman McComsey. Anchorage is a 5 year limit. Council agreed to go ahead. I.. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. The letter to Magadan (item I-1). I sent a video tape on Kenai with it. b. I have had numerous discussions with Sen. Stevens' office regarding the potential visit of President Bush during AML meeting, requested by the Conference of Mayors. IF - C. Also, the cold water training school is on track. Governor Cowper has thrown his Washington D.C. office behind it. It has been going through committees. d. I visited Fish & Game offices in Anchorage regarding the boat ramp in the City. We directed Administration look at potential sites. The Dingall/Johnson Act is for purchasing lands and development of boating and fishing. Mr. Krasnoski, Regl. Supv. of Sports Fish, thinks it is good. He will try to put it in the next budget. The major projects in the State are already done now. I asked that it be done before the Bicentennial. 25%-City, 75$-Fed grants may be available. e. The Mayors met July 19. They looked at grant applications for municipalities affected by the Oil spill. It is the desire of the mayors and DC&RA to have a major impact study. We have some proposals done. If the mayors choose a special auditing firm, and want it funded, the State cannot do sole source funding, but the cities can. We could act as a pass -through. The reason for KEM CITY COUNCIL JULY 19, 1989 PAGE 9 special contract is so our understanding is clear and they can start immediately. stringent time frames must be adhered to. I volunteered that I would ask the City to act as a for a grant for one agent. pass -through agent y not have the authority.The Kenai Borough does rule cities can, not he State forsDC&RA. home Atty. Rogers. The City would have more authority than the Kenai Borough from a legal standpoint. Mayor Williams. The City would not be obligated other than pass -though. It would be similar to Women Resource & Crisis Center, Senior Center, etc. Councilman MCComsey. Is the money guaranteed? Mayor Williams replied yes, through DC&RA. Atty. Rogers. The first round is $550,000, the rest will be later (about 30 days). The 3rd round will be about Feb. It is almost unlimited what the funds can be used for. They will try their best to have sufficient funds so communities will not become competitive in getting funds. Councilman MCComsey. How much money will be coming? Mayor Williams. About $100, Ross was $85,000 for phase 1. Atty. 00. Touche Phase 2 & 3 are oUniv. y• Rogers. Economic Research its wanting to work w Kaska, us. Mayor Williams. We also directed a subcommittee to have proposals from all 8 firms and Univ. of Washington also. Atty. Rogers. They cannot be used for litigation. Councilman MCComsey. There are 15 communities? Mayor Williams. Touche Ross was for 10 or 15. We have identified 22 that could participate. The entire cost comes from DC&RA The Legislature appropriated $35.7 Million for use by communities. The mayors have been trying to get DC&RA on this. We have succeeded in having them- on a mini -cabinet. It is $1 Million, we want to go up to $5 Million. The first request is for $logo p MOTION: councilman Smalley moved, seconded by Councilman McComseyp for the City to act as pass -through agent for the Conference of Mayors subcommittee for purposes of selecting of a group to do the study. VOTE (Passed): Yes: Swarner, Williams, MCComsey, O'Reilly, Smalley No: Measles Mayor Williams. Atty Rogers advised it may be worth while to say if Council has an e. Councilwoman O'Reilly. The AlaskaConferenceof should do this. Mayors I-2 City Manager City Manager Brighton spoke. KWAI CITY COUNCIL JULY 190 1989 PAGE 10 a• I received a circular on a seminar for evaluating employee ]performance - felt a long time we have felt we are short on e Registration is $98. Iphavcseregarding this. that ought to have some e identified 16 to 20 $100 transportation expertise in this area. registration. $12 cab fare, plus them come down to ReAaa be about $3,400. The called the Bono TohaveHomer and Soldotna. Borough had about 10 Soldotna would have about 6, Homer has not ' replied. We could have it here for would bring the cost back to $3,870• It has no Objection, I will continue If Council Council may want to attend, tO Pursue. have evaluated, some need substantial y People as we expertise. Some have never amount of agrees, we could have it about may' If Council not be open to the community,t Aug. 28. It would -Council agreed to the request. b• Has Council authorized me to s' contract under the Council has a pprovesame conditions tas he new lobbying d the appropriationPreViously? want the same One as last year? Counci DO you Smalley. Any recommendations? limn Mr• Brighton. We could not mat price. He is as effective other one for In my opinion he is one Of theyou want Most effective im to councilmanlobbyists in Juneau. Councilman MCComsey• He should be Work Session. at the Sept. Mr- Brighton. Prior to signing of Answer - no, the contract? I-3 Attorney Atty. Rogers spoke. a• Homer Electric has given notice of PUC case on Superior Ct. level. I appeal of the am confident than I have been in the last more y b. years. The AHL steering committee met in Kodiak. Policy statement has been revised. C uncllwoman The SwaY'ner s language on tourism was included. Councilwoman Swarner. It was irk H gins. - C. The first meeting in Au . conference and vacation elawill be at a be at the meeting, Legal Asst. Graves will d• Treat Custom Cabinets. The .is a letter regardingre is Progress. There Kenai Korners. e• Regarding the lobbyist. He will YOU want him, be down here when f• City Manager Brighton. REA• The district Regarding the letter to J. date. I do not have district meager called me this like to talk to Council regarding the ems' He would g the easement. duty' Rogers. Regarding the recent not know if contra et case. I Council wants to easements. Historically they have been getting RMAX CITY COUNCIL p GE II1 ' 1989 0 sheasements d t s for 'Shout e. they have re It says in easements This is new tocthe they wido at that, n now. at their Councilman should NeComse not be talking phis is being ° them, appealed easements, on' In the Interim, AttY they' have asked for . Rogers 41- Will gat -of way Tfhis is different PaY for it• You give them an asement, We o'a�righton. = am sw+er gRA not in it will just Without instructions position to fester, tractions from Co,°show councilman NCC cl1, one? °msey• will we have t Council to review each their minds to hold and Atty. thn will discs know what is �lic Works Rogers. CounCi3,mn with mr on Director RojLlman MeC Y. Brighton Zr omse Also, economic If t th °mac development end et easement t° w=aamS• Will pat• we do not advice There is gecoet develgivepeit to Public Worms D g on the horizon, Mayor I find out what iseonor Rornelis. -� their Winds• I will call and Cif Clerk Clerk Ruotsala SPoke. a. Council °egarding the Qet Smalley' all Y r greed to meetmOc ting date (i t bested Clerk Ruotsai Counci��4) . b• The Co mm s a notify, p� (item ��) ° ecreta Z. liability. Council had re tract is in the c. If Council requested i�Ormat oaneko t charter cil wishes t n must bb endments for any ballot is I-5 Fi Y resolution in the Oct• 3 ballot °r Hance Director the Aug- 15 t, they. meeting. None I-� Public Wor ks Director None I-� Airport W.agar None J• DISCUSSION J-1 CitiZens None J-2 Council KENAI CITY COUNCIL JULY 19, 1989 PAGE 12 a. Councilwoman Swarner. I received a letter from AML that resolutions should be in their office by Oct. 1 for the November conference. b. Councilman MCComsey. It is good to see Treat Custom Cabinets cleaned, up. Atty. Rogers. I had been told it would be done by Friday. (7-21) C. Councilman McComsey. Every intersection on Lawton has stop signs. (Letter distributed this date from Ron Anderson) Public Works Director Kornelis. When we get requests from citizens I talk to Police Chief Ross and review the traffic. We were concerned with racing on the streets. Councilman McComsey. Linwood is a good place for one, but there are many there. Is it necessary for so many? Mr. Kornelis. We can look at it. Police Chief Ross. Regarding Lawton. We have determined it is not a right-of-way street for other streets. But with the high school, I support stop signs. d. Councilman Measles. I am expressing my disappointment regarding voting down the Eagle Rock/Tern ordinance without public input. I don't think Council has heard the last of it. e. Councilwoman O'Reilly. I am expressing my appreciation to Bill Musson, the City looks good. f. Councilwoman O'Reilly. What about the patching on Forest Dr. and Woodland? Public Works Director Kornelis. It is State on Forest Dr. We get our stuff locally. It gets soft when first put down. Councilwoman O'Reilly. If you could tell how they can get if off their shoes --- Mr. Kornelis replied, bug and tar remover. g. Councilman Smalley. The viewpoint on the mouth of the Kenai River. Bill Musson will be cutting some brush down. There were at least 17 vehicles there in 1/2 hour. The comments are that it was not good there. We could get a couple of loads of rock and fix it. There are a lot of people there. Public Works Director Kornelis. I have talked about getting the pipe back up. We have purchased some gravel. We are looking at doing some grading. h. Councilman McComsey. Tinker and Spur. Could we have the State cut the trees there? Public Works Director Kornelis. I will call the State. i. City Manager Brighton. I will not be at the next-. meeting. Councilman McComsey. I will be absent also. R. AALOU —MR-MT Meeting adjourned at 8:30 PM. Janet Ruotsala City Clerk PI ~ KENAI CITY COUNCIL PARTIAL TRANSLATION JULY 190 1989 H. NEW BUSINESS H-6 Approval - Request to Return Parcels - CIIAP - Wagoner Councilman MCComsey. There are 4 names only heard from one? Admin. and we have Asst. Howard replied yes. Councilman McComsey. How do the others Mr. Wagoner bring letters? Admin. Asst. would have to sign feel? Should Howard. any documents. Atty. have 2 marital entities. Rogers. W11 e 0 • • Finance Director Brown. Normal procedure is when Council has agreed to cancel land sales, we have asked that people be current on payments. Only 3 or 4 land sales have annual This is unusual. longer allowed in the Code. A payments. It is no payment has been made. Year has gone by since Councilman Smalley. ` Y Has Mr. Wagoner been made aware of Finance Director Brown's memo? Mr. Brown. i do not think so. Atty. Rogers. If we have direction from Council, we will proceed pursuant to their wishes. I can only assume the partner speaks for all partners. MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, that the Finance Director contact all 4 owners in writing to say Council is willing to look at takin back the property once payments are current. g ,Motion passed by unanimous consent. Janet Ruotsala City Clerk w • KENAI rITY COUNCIL, REGULAR MEETING, MINUTES JULY 19, 1989, 7:00 P.M. KEAIAI CITY HAIL MAYOR JOHN J. WILLIAMS PRESIDING A• CALL TO ORDER Mayor Williams called the meeting to order. A-1 Fledge of Allegiance A-2 Roll Call Present: Linda Swarner, John Williams, Art McComsey, Ra Ray Measles, Marj O'Reilly, Hal Smalley, y Absent: Chris Monfor (excused) This portion of the minutes are verbatim A-3 BOARD OF ADJUSTMENT - R/V PARK AND CHARTER ANGLERS ACRES - RIDDLES SERVICE - Mayor Williams: The first order of business this evening is a request for Board of Adjustments, the problem is that the appealers with the Board of Adjustment hearing is not exhausted all of their remedies with the administrative group at this point so I'm going with the permission of the Council not to request a Board of Adjustment at this time however since Mr, are here this evening I would ask the Councils indulgence fory yjust a moment while we hear a kind of since they took the liberty of staying over to visit oefthi them, evening, with the Councils permission. Would you care to go ahead and state your name for the record. You also Council have in your hand outs have 2 items marked A-3, which is a letter from Judy K. Blair and Michael Blair. Willis Thayer: I am Willis Thayer and my wife Joan is here with fie. We bought lot 26 and Anglers Acres subdivision in 1976 when the subdivision was first sub divided, and I believe we made the first .improvement on any of the lots in the area on a driveway 1977, so we've been there for itiforte awhile and a couple of things about the application for permservice, & breakfast. The lots are basically alldoneea r ®InR$Ize in�the d subdivision and my concern is that if everybody in the subdivision is treated fairly they should all have an equal opportunity of permit for guide service, r/v park, bed & breakfast. What will those lots stand as far as sewage and water development, you know, how many people, and I've asked that you look at that when you approve the request for the permit and if it all possible limit the permit in mind that everybody else in the subdivision might be applying for the same permits and in fact I think should have the same right, if you give one person the right to run a commercial operation in that area and nobody else that right then the residential lots will in fact decrease in value while the one with the permit will increase I think quite dramatically so that's what I'd like you to consider, you know, when you, as You proceed through the appeal. I do think that a bed & breakfast would have less impact on the appearance in the area than an R/V park being that a bed & breakfast would probably would be part of the residence and I think that a bed & breakfast works out very well with a guide service and you have clients from foreign countries and also from the lower 48 states. That's really my input in the matter, if you have any questions about the area. Mayor Williams: Thank you Mr. Thayer our representatives from Planning and Zoning Commission is Councilman Smalley, Councilman Smalley might have a"question to relate to it. Would our City Attorney want to advise the Council of the next move and procedure for this Hoard of Adjustment request. City Attorney Rogers: Well at this point I talked with Councilman Smalley and its been my opinion,, the tive proceeding below have not been completed or complied inwith aand the issue here really is an original issue before the Council and one that has not specifically been addressed but I would defer to Councilman Smalley since he sat on that meeting and is much more cognizant than I am, I just got off the plane & am trying to get the packet together. We talked briefly before the meeting. Councilman Smalley: At the Planning & Zoning meeting the three items that were requested was R/V park, bed & breakfast, and a guide service. The testimony that came in, in written form that night, the residents in the area and one gentleman that lived out their came in and spoke. There was considerable opposition primarily for the R/V park, they talked in terms of leeway what they would do perse guiding, if they were to guide in, I think it was as the letter indicates two but no more three, Janet was in the room she could probably respond to that, is that correct? If they were to guide it would be like two boats no more than three? Janet Loper: So far, of the permits we have issued there have been no more than three. • all . . • post Ve Councilman Smalley: Ya, in that particular area, there seems to be some discussion and it was fairly that regard but the biggest concern was the R/V, ah the trailer park. In reading the letter from Steve and Donna Riddle it looks like their willing to drop the bed & breakfast and the R/V and only go strictly for the guiding service, tonight I think if the Board or Adjustment was to meet we would have to consider all three items since the original rejection was for those three. Willis Thayer: Again I would say that the bed & breakfast would. have lest impact on people who desire purely a residential environment than the R/V park and I submitted the letter or we did for the original request, I have a question for the attorney then, when you give a permit for a guiding service is there a way to word that permit so there is a limit on the amount of activity that can be .... accompany that guiding service, there are guiding services on the river that run ten boats. City Attorney Rogers: A conditional use permit can be structured just about any way that one wants to structure it, any kind of conditions, one into it. The problem is the enforcement, and under more esoteric conditions that might be put into it. The problem here tonight is that, what you're -now requesting is different than what was dealt with below in that you have limited yourself in what you want now from what I understand. What you really need to do is submit a request for a conditional use is permit. As you now want it as opposed to what previously submitted. Willis Thayer: I am a resident of the area, we're not considering any permit that I requested. Councilman Smalley: He's in opposition. He's speaking, I think as ..... City Attorney Rogers: .... In opposition to this. Okay, we have that record, we can certainly make that a part of the record. Willis Thayer: Not necessarily in total opposition to it, but .... in opposition to a blanket approval for a guide service that may eventually run into 10 boats or a bed and breakfast that could, accommodate 50 people a night. City Attorney Rogers: Well that's a matter that can be addressed by Planning & Zoning because they can structure a conditional use permit just about any way they want. That's what conditional use permits are. They're exceptions to the rule. And they often times usually do, as a matter of fact we have had specific conditions. I would request that these comments be made part of the record, be transcribed for at least that portion of the tape made available to Planning & Zoning in the event that these individuals don't have an opportunity to present that testimony at that time. Willis Thayer: Thank you. 3