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HomeMy WebLinkAbout1988-09-07 Council Minutes/Board of Adjustment1 AGENDA r KENAI CITY CO{iNCIL - REGULAR MEETING . SEPTEMBER 7, 1988 - 7:00 PM f A. CALL TO ORDER " 1. Pledge of Allegiance :. 2. Roll Call 3. Board of Adjustment: R/V Park - Angler Park 4. Agenda Approval 5. Consent Agenda - — - ----= *All items listed with an asterisk M are. - considered to be routine and non -controversial by 3 the Council and will be approved by one motion. _:_.._....... There will be no separate discussion of these > ' items unless a council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal - -_- -"- sequence on the agenda as part of the General _. orders. - - B. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARINGS i 1. Ordinance 1280-88 - Amending Kenai Municipal Code, Title 1 - Legal Dept. and Clerk Under Supervision of City Manager :-' 2. ordinance 1281-88 - increasing Rev/Appns - " Runway/Taxiway overlay - $337,500 3. Resolution 88-72 - Accepting $85,000 from Borough to Expand Boating Facility Parking/Staging Area, Using Excess Sand From Landfill and Extending Landfill Permit 4. Resolution 88-73 - Transfer Funds - Litigation Re/Western Marine vs City of Kenai - $10,000 5. Resolution 88-74 - Accepting State Grant - Road improvements - $70,000 6. Resolution 88-75 - Accepting State Grant -water & Sewer Improvements - $562,100 - - -_-:; "= 7. Resolution 88-76 - Accepting Bid - Overlay, Taxiway A&B :." S. Resolution 88-78 - Transfer of Funds - Sewer Treatment Plant Building & Improvements - $23,000 ,.,.,• 9. Resolution 88-77 - Request State Funding for i,... Seafood Facility - $950,000 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission - 3. Economic Development Commission S.i �"�"'� r t 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, August 17, 1988 F. CORRESPONDENCE 1. *Governor's Office - Recommendation of Sue Carter V for Alaska Tourism and Marketing Council 2. *Sen. Stevens - P-3 Orion in Kenai - ;. 3. *Alaska Community & Regional Affairs -Revenue sharing, Population Determination - 6,546 4. *Resource Development Council - Thanks for Support OLD BUSINESS 1. Morgan\Golf Course Lease ',... =•'._ H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1282-88 - Amending Kenai Municipal Code, Title 11 - Shifting Burden of Surveys & Appraisals of City Leased Lands from City to Lessee Applicant - - 'f 4. *Ordinance 1283-88 - Increasing Rev/Appns - Visitors & Convention Bureau - $90,000 5. *Ordinance 1284-88 - increasing Rev/Appns - Repair Roofs, City Buildings - $15,000 f 6. *Ordinance 1285-88 -Increasing Rev/Appns -Senior - Citizens - Borough Special Revenue Fund - $5,606 7. *Ordinance 1286-88 - Increasing Rev/Appns - -- 8. Library Grants - $21,000 *Ordinance 1267-88 -Increasing Rev/Appns - Dock - '"- Facility, Expansion of Parking/Staging Area - -- $85,000 9. *Ordinance 1288-88 - increasing Rev/Appns - _. Repayment to City - Sale of Kenai Original Townsite, Lot 5, Block 4 10. Discussion - Kenai Flats Wildlife Viewing Grant -.-- (Boardwalk ---- -- -= i1 1 11. --- ordinance 1289-88 - Increasing-Rev/Appns-= Kenai - __ -- ------ - --- - Flats Wildlife Viewing Area - $180,000 -- -- - 12. Discussion ---Kenai- River - Special- Management Area - - - - - ----- ---- ---- = - Nominations 13. Approval - Election Judges 14. Discussion - Priority List for Legislature K L . E 15. Discussion - Airport Terminal Renovation - 1989 -_� 16. Discussion - Library Regulations yr _•� ..itl_ I. ADMINISTRATION REPORTS - Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director _- - -- - 6. Public Works Director 7. Airport Manager J. DISCUSSION Citizens 2 Council f x K. ADJOURNMENT , ^ ,? KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 1988 - 7:00 P.M. JOHN J. WILLIAMS, MAYOR PRESIDING A. CALL TO ORDER - 1. Pledge of Allegiance 2. Roll Call ,' ' Present: Mayor Williams, Measles, MCComsey, Monfor, Swarner I Absent: Bailie, O'Reilly �. 3. Board of Adjustment: R/V Park -Angler Park Mayor Williams and Council members the Verbatim portion of this item is iasnediately following in your packet. �� b f th C nail i r r` �s i Mayor Williams: The first item of business a ore a ou this evening relates to a Board of Adjustment request, by Mr. Gary Foster, Foster Construction, in a letter to the City Clerk. Before we go any further there are two items that the Council needs to include with that material on A-3, one is a letter from Mr. Gene Burden, P.O. Box 3615 Kenai, and also a letter from Chris Garcia Box 203 of Kenai so if you would include those in your materials. The item of a Board of Adjustment will require that the City Council of course understand wholly the intent of the Planning Commission prior to, us taking the action. I would like to have our minds refreshed from the minutes of that Planning Commission. On page 12 of the Kenai Planning & Zoning Commission minutes of July 13th, Chairman Smalley said, (reading from that document) "ok we have a motion on the floor its been seconded, any further discussion. Do we want, is everybody squared away as to what the motion .. Commissioner O'Reilly this is the motion. This is the motion Chairman Smalley this is the motion requesting a public hearing to support facts finding of facts and so on which in a sense speaks against well no it doesn't either. It just speaking strictly on the conditional use itself it has nothing to do with the RV. I think that is the most important .that we want to keep in mind at this time. it is just speaking strictly on the conditional use itself it has nothing to do with the RV. Commissioner Church. That's right call the roil." The vote was then taken, Chairman Smalley yes, Commissioner Bryson yes, Commissioner Church yes, Commissioner Nault yes, Commissioner O'Reilly no. Final action then on page 18 takes place. In which, from Chairman - - - - -- Smalley -(-again reading from -a document-}- "any- additional comments.- - -- -- Please read the motion. Planning Specialist Loper, move that the i ,. . .. .......... KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 2 Planning and Zoning Commission recommends approval of the amendment to the conditional use permit. Chairman Smalley calls the question. Commissioner Bryson no, CommiasionOt Church no, Commissioner Nault no, Commissioner O'Reilly yes, Chairman Smalley no." Now that brings us to the defeat of the motion that the Planning and Zoning Commission recommends approval of the amendment to the conditional use permit so it was denied by the Planning and Zoning Commission. Mayor Williams: You need also to understand Commissioner Smalley's final comment in which he said, "The only other thing I want to do is clarify to the City- Council that our intent was to deny it as an amendment and to make it clear to them that the proper vehicle for bringing it back to the Commission is a new conditional use ... it doesn't say conditional use permit but I'm presuming that's what he meant. All right. So, what we have before us now and still is not quite clear in my mind is whether or not it's proper at this time to convene a Board of Appeals based on actions taken by the Planning Commission. City Attorney Rogers: The matter being appealed, as I understand it from the Planning and Zoning is specifically, the denial of the amendment of the conditional use permit. Not, not whether or not a new conditional use permit should be issued. That's from the .. minutes that I have in front of me. Mayor Williams: so we're looking at, this relief from the denial of the amendment. Councilwoman Monfor: Mr. Mayor. Would you really specific and real simple terms because all along I've been really confused why we're even -having this tonight. Mayor Williams: That's the point of which we're trying to arrive, is this now the proper time in which to have this meeting. City Attorney Rogers: The specific request, from Foster Construction dated August 16th 1988 was quote "to request an appeal to the decision made by the Planning and Zoning Commission at their meeting dated July 13 1988." Then to ascertain what the decision was because it is not stated in the request of the appeal one refers to the P and Z Commission transcript of July 13th 1988 and the last portion read by the Mayor according to the record indicate that the appeal then is to the denial by Planning and Zoning to allow an amendment to an existing conditional use permit. You have several documents in front of you whether or not that sort of thing ie permissible, it's within your power -to -tear presentation by the Fosters. I would urge you though to read for - --the record -if you're- going - to sit-as-a-Hoard-og Appeal -tonight -is--- -- that issue. To get into the record the memorandum that I've KENAI CITY -COUNCIL-^ MINUTES - SEMMBER 7, 1988 PAGE 3 included that is identical to one which has been read into the record previously regarding procedures of Administrative Appeals Board such as you would be sitting. Mayor Williams: If the Council so chooses to sit as a Board of Appeals tonight, a procedure that will be followed is that we will adjourn as a City Council. We will then come to order as a Board of Appeals, keeping in mind the same as I believe the last time that any testimony given to us this evening will be given under oath. City Attorney Rogers: I'm going through the record, if in fact the Fosters want to pursue it on that limited basis, you might want to ascertain at this time, if that was their understanding of what they're appealing or whether they want to wait and submit a new conditional use permit and go through that route. Because the appeal at the point would be on very limited grounds and the testimony, I assume, the Council would want to limit the testimony to just those grounds, the amendment of an existing conditional use permit. It's very easy for one to look through the record and assume that this appeal was as to the whole of all things that have been discussed previously, regarding the siting of an RV park in that area. That's not the case. And I don't know if the people representing the Fosters or the Fosters are aware of the limited basis for the appeal at this point and if they weren't they may wish to reconsider pursuing the appeal on those limited grounds at this time. If, however they do want to pursue the appeal then the Council does have an obligation to sit as a Board of Adjustment and hear that appeal. Because it is a step in the process to resolve disputes short of going to court. Councilwoman Monfor: Mr. Mayor it would seem to me having read the minutes from Planning and Zoning and knowing this discussion has gone on for at least a couple of years, that the cleanest way to handle this and I hate to have to say this but for them to go back, come back in and apply for a new conditional use permit. Clear up all the muddy waters from behind them and especially from this last meeting with this amendment which to me has made no sense whatsoever for us to even be here as a hearing board, come back, probably have to come to us anyhow because, unless things change it may not be approved by Planning and Zoning brt at least come with a clear cut issue will the Council approve or disapprove the new conditional use permit for -you to have an RV park period the end. That's at least how I see it real clear cut. City Attorney Rogers: Simultaneously if I might. Other options have been discussed, one could simultaneously urge either a rezone of the area or the incorporation into the code of a recreational zone. Or rezone into another existing area. Or another existing classification And--it-has-been-discussed-that those -would be _- - -- - possibilities to be raised on P and Z level, simultaneously with - - pursuing .-..--what--the- Fosters -are- after in the form --of a - new--- - - - - . -- - - - - - -- - conditional use permit. All of those then ... all those things L i KENAI CITY COUNCIL - MINUTES �SEPTEMBER 7, 1988 PAGE 4 could be considered at that level, filter down to the Council so the Council would have a very specific thing to consider discuss and decide which would give a certain finality, to it, insofar as the administrative appeals process is concerned because I too, feel that, any Board of Adjustment hearing tonight may very well, depending on on the outcome, well either way may not resolve the issue. Regardless of what the Council may decide tonight it would not resolve the issue with any finality as to either party I believe. Councilwoman Monfor: Mr. Mayor and the other point that I would like to make to the Fosters and the other people in the audience, we are very short tonight. And, we're short two Council members w and this is -so important. I think its really important that this -- -- ------ -- — — comes before the full Council. It would make a lot of difference. City Attorney Rogers: I would urge that the Fosters go on the record as what their preference is tonight. Or whoever is representing the Fosters. Go on the record, either indicate that they want to proceed on that limited basis now, or they want to defer and, and go back to P and Z for resolution either to - - - - consider the one issue, under the conditional use permit, and or rezone and or a new classification in the zoning code. Mayor Williams: One of the problems I face Council with is that, in going over both the attorney's memorandums it would appear to me that, unless certain changes are made in the code itself, in the zoning code itself, it would be futile for the Fosters to return to the Planning and Zoning Commission to seek out new grounds so to speak and begin from scratch without a clear and defined direction as to whether or not when they approach the Council they can in fact, get, a conditional use permit. I think the first thing the Council has to come to grips with is whether or not they can legally have that permit without a zoning change. - Councilwoman Monfor: And that has nothing to do with .... Mayor Williams: It has nothing to do with the public hearing or _ the, Board of Adjustment tonight, that's a decision I think the Council has to wrestle with itself. To determine whether or not the area should in fact be rezoned to accommodate an RV park. City Attorney Rogers: If the Fosters don't want that considered tonight that's the end of it right now so it might be well, I saw Mr. Foster back there with his hand up. If you put him on the record at this point at least you'll have some direction as to whether or not you're going to proceed. --- - - Mayor --Williams:- - One of the -things --that -we _failed to. -do- -two- -years ago, as you recall, is to address the subject of RV parks in . g_eneral-. _ _ _There-_ is no provision- in any _part of the zoning code, within the City of Kenai, save for old Towne, for the allowance of LJ �1 I I � KENAI CITY COUNCIL - MINUTES - ---- - — '- SBPTEMBER 7, 1988 ---,- PAGE 5 n.. RV parks at this time. Old Towne is the only area at the present time that there is such an allowance. I think that matter has to be dealt with first before we can consider the overall question of the Fosters. t Gary Foster: I just had a couple of questions. We thought we were legal by asking for a revision of our conditional use permit. Is it not legal to do that, to ask for a revision and be granted a revision. Based on another use that is legal within the City? Mayor Williams: Well the problem that we face is that the Council is grappling with the question of whether or not it is legal to to issue any kind of a permit since there in fact is no provisions for RV parks within the City. I Gary Foster: Is there anything against it? Is there a law against having an RV park in a residential area? Or is it not legal. Mayor Williams: No there is no law against it but that doesn't necessarily make it lawful. Gary Foster: But we were under the assumption that under the definition of RV park or parks that this was legal. And, I'd like to direct that to the attorney if I could. City Attorney Rogers: You certainly may, there, there is an opinion, not by me, using the Webster's dictionary I think as to definition of a park. And I consider that a strained interpretation not one that I would embrace, to expand the definition of a park to include recreational vehicle park. Gary Fosters We don't necessarily want to rezone this commercial. You know we want to build the nicest RV park in Alaska in a residential or recreational area. I mean, maybe its not described as recreational but it certainly is recreational. Mayor Williams: Once again though, as I say the problem that the Council faces is that they must, in their own mind, decide whether or not they can in fact, approve a conditional use permit in that area based on the present zoning. "...: Gary Foster: Can we decide that? City Attorney Rogers: No. Tonight...... City Attorney Rogers: The matter in front of the Hoard if it is convened tonight, is solely whether or not it would be appropriate to amend an existing conditional use permit, to have an end use of the property, other than what was granted originally in the - - -- - conditional use -permit That is -the -sole question thatwould be --- the subject of an appeal. It would be very limited and if its not j P Y .. ..... ___ -_ ------going _to _solve_ the whole gamat-oof_questions that _are _ arisin KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 6 that's why I suggested, and it's your prerogative that you may wish to have one hearing with Board of Adjustment to consider all the issues, the totality of the issues involved. Rather than the limited finding that could be made tonight. Gary Foster: You don't have anything actually written that says that you can revise conditional use permit? City Attorney Rogers: I have material that I can provide you, yea. Gary Foster: You do have something? That says we can't do that or can do that. City Attorney Rogers: I'll let you read that for yourself, but basically it, it comes down I would say the weight of the story is against, against what you're asking. I will, during the first recess make some copies for you. City Manager Brighton: The question you need to ask him is, doesn't he have the right to request, an amendment to his use permit and yes he does. City Attorney Rogers: Yes, you have already requested that at Planning and Zoning and you were turned down and if that's the issue you want resolved by this Council as an appeal board. Gary Foster: Well, that's kind of what we thought. We thought we did this just right and they didn't actually say yes or no they just said in order to do this you have to start all over again, well we've been through this so many times that we didn't feel it was necessary to start over. We were stalled month after month. City Attorney Rogers: I understand your position, I thought you may have, because you letter requesting appeal, an appeal was rather brief. It did not state specifically what it was that they did. The Mayor has read into the record, from the proceedings of Planning and Zoning, what it was they did and they denied the amendment of your conditional use permit. If that's the sole issue you want resolved by and Appeal Board they can decide that based on a presentation that you make as well as the materials that have been provided to them as part of their packet. Gary Fosters So what good would that do us as far as, you know what we're after. ,s City Attorney Rogers: If you prevail, and the Council rules in your favor, and over rules Planning and Zoning, then barring court action with conjunctive relief by people on the other side, you would proceed. If -you lost; -then P assume either--you-would appeal on to the courts, or you would go back to Planning and Zoning with - -- - -- - - an--alternative.--Such as a --rezone -ar -the-creation-of-a--now -- -------- section of the zoning code for RV parks. Or some other alternative. `IAI STY COUNCIL - MINUTES ,PTB' AER 7, 1988 3' 7 Gary Foster: I think that's probably the biggest issue. We didn't think there was a law against having and RV park in a residential area. And that's my main question. City Attorney Rogers: Number one that's not the issue in front of the Council now. Gary Foster: Well, but its our main issue, it's where we are. City Attorney Rogers: I understand. I would research it. I can't afford to sit up here and say yes or no without having something in back of me, and that means the research that I've done and I haven't got a memorandum on that. I can't afford to shoot from the hip and be wrong. I'm supposed to be right. Mayor Williams: Let me bring the Council's attention back to the question of either continue as a Board of Adjustment or not. First of all, we're dealing only with the appeal to the denial that was issued by the Planning and Zoning Commission. That's the only thing that we can deal with right now. We can decide to over ride the Planning and Zoning Commission and permit the conditional use permit. In which case there obviously would be major legal questions that could bring us to the courts, or we can deny, as the Planning and Zoning Commission did, with the understanding that we could change the zoning which would allow for RV parks which could very well bring us to legal problems and the court from the other side. We can take all the testimony we need, and buy the code, we then have thirty days to render that decision, in which case I will have to call a special meeting to consider all the material once its been presented to us. City Manager Brighton: Mr. Chairman without further clouding the issue, Planning and Zoning did not deny a special use permit, they denied the amendment of an existing special use permit. The amendment is what has been denied. Councilwoman Monfor: Can we go back to Bill's last statement. They granted the permit, the special use permit? City Manager Brighton: Years ago. Councilman McComsey: If this does come back and the Council rezonos and makes land available within the City limits for RV parks, there will be no conditional use permit. Is that true't City Attorney Rogers: Then you would not, if you had a specific zone for them you would not need a conditional use permit to have one in that zone. Councilman McComsey: Would this conditional use permit, how good is it, how long are they? City Attorney Rogers: Well, in effect, you're talking of unlimited, in this situation; - we - talking -of an infinite -duration. - - - - -- Mayor -Williams:--- It -appears -to-me- that--the-City cannot- aven___ entertain the idea of other RV parks within the City without amendments to the ordinances. Lam... r t� KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1gRR PAGE 8 City Attorney Rogers: The problem exists that it is their right, of law, to appeal, they are insisting on an appeal. And I want to get the ground rules clear that it's a limited appeal. if they want to pursue it you have an obligation to sit as an appeal board , tonight for that limited purpose. But you should also limit the testimony that you hear to that specific issue, where it was denied below. And you are deemed to be, this, and as an Appeal - Board then make part of the record those materials that have been provided to you, both memorandums, letters, as well as the transcript of the preceding below. So that there will be a clean record should either party wish to pursue the matter in court. it I set out theproceduresfor sitting, in my memorandum in front of the packet there. You should have sworn testimony under oath, allow, both sides to, to make a presentation before, closing the proceedings, of which you don't make a decision now. We will make, have a transcript made of the proceedings, we will then administratively extrapolate findings of fact to support the consensus of the Appeals Board and then the decision will be in written form. It will be circulated and signed off on, and will -=-- be made within thirty days of today's date. Because that gives you an opportunity to review the transcript, reflect on it, review the other materials, and then make decision and support it with findings of fact. Mayor Williams: I might say for the benefit of the general public too that we have sixteen letters, spread almost evenly, for and against the project. This is the most, undoubtedly the most controversial project that I've come across since I've been here. If the City Council cares to continue, with the appeal process this evening we can continue. City Attorney Rogers: It's up to Mr. Foster. Gary Foster: You know a couple of things have come to my mind like, the letters that we have in favor and the letters we have against. There's got to be some credibility to those letters on both sides, isn't that true? I mean the letters that are legitimate letters should be weighed accordingly. The ones that are not legitimate are the ones that are actually saying we don't _ want these people to have a business in this area but yet we have „ one ourselves. Could we ask each one of those persons if they have a business operating in their ... Mayor Williams: There can be any questions asked that you want to ask. The problem that we s deal with here is law. Whether is lawful to do what we want to do. Gary Foster: Well we want to do this lawful. In fact we're asking you guys that are the leaders of the City, we're asking you to toll us how to do this lawfully. - How -do we, -can we build- an RV — -- park in a residential area. We want to build a nice one. Mayor Williams: I think it's apparent that Mr. Foster wants an appeals process to begin this evening. So if Council agrees to L � . L KENAI CITY COUNCIL - MINUTES - -- _- ---- -' SEPTEMBER 7, 1988 j PAGE 9 that ... Gary Foster: Would it be out of order for us to maybe a recess for a couple minutes, for us to decide, because we didn't know, we didn't know exactly what was going to happen here. Mayor Williams: We can recess fox a couple minutes. All right we'll stand in recess for five minutes. COUNCIL RECESSED. Mayor Williams: Mr. Foster. Gary Foster: I think we've decided a we'd like to go ahead with our appeal. tj Mayor Williams: All right, let the record show then that Mr. Foster ha-s requested that the Kenai City Council set as a Board of Adjustment. ' Y MOTIONS _ Cauncilwan McCamsey waved to adjourn the City Council to a meeting ! of the Board of Adjustment, Councilwoman Monfor Seconded. VOTE: -- - Motion passed by unanimous consent. ' Mayor Williams: We will then adjourn the City Council to set as a Board of Adjustment and the City Council will come back to order after the Hoard of Adjustment is taken care of. Mayor Williams: I will now call the City Council to order as a Board of Adjustment. In the matter of Mr. Gary Foster in his request on the appeal to the denial of the amendment to the conditional use permit as issued by Planning and Zoning. Keeping in mind that all the witnesses that testified tonight should be administered an oath and the oath will be that do you solemnly :.- =:- '•-:, swear, I'll administer it first to Mr. Foster. Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and . penalty of perjury. Gary Foster: I do. Mayor Williams: You are so sworn. All right you may continue. ;_- Gary Foster: We just want to appeal the decision of the Planning - - --- - and Zoning to allow us to have our conditional use permit revised to include an RV park rather than a subdivision. We want it to read the mining of gravel and the ultimate reconstruction and the building of a lake and RV park. t i _ Mayor Williams: Questions of the Board. Seeing no questions, is there any witnesses that you want to call before. Anyone that you - want to come up Mayor"-WilZiamss-- Mr: -Jack-Foster, Do you --solemnly -swear -that-the­ ------ -- - - — ----- .;,,. testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth ;. so help you God under pain and penalty of perjury. L KENAI CITY COUNCIL - MINUTES f SEPTEMBER 71988- PAGE 10 i ' Jack Fosters I'd like to add to the decision making process here, that I feel this will go right along hand in hand with the area. This particular camper park, Gary and I and Steve are proposing ' here is going to be asphalt and grass. Its not your typical gravel camper park. The lake right here, we've alreadycontacted7 _Pish and Game and the lake is going to be stocked with rainbows. - "' --``- And, and as everybody has their own little dream, I dream. We ., have senior citizens in this area. Its becoming more and more - - evident all the time. And they can sit down here, froe of charge and fish rainbows. fish and Game says if we buy these fish we can have a private fishing hole and let who we want in there and -fish. I think, when you can lay back on the bank, sit and fish like that, its pretty mellow. You know its like back in Arkansa®_. -Y4e _.; know, or something like that. Pretty laid back. I don't think -. we're going to get the clientele the opposition thinks we're going • - to get in here. They see something like some of these other RV parks, I won't name 'em. And I've been in some of 'em too and II they're wild and they're crazy. There's people launching boats, there's people rennin' around in three-wheelers and dogs barking ' and kids screaming, but we don't expect anything like this, what -- - - - we expect -is people like what was sitting in City of Kenai last - --- - --- - week. There wasn't very many children in that group of campers ---- �: parked right in the middle of town. Them are the type of people � . we want in this camper park. c� And we're going to set the pace. This camper park's no different than a subdivision, if you want, a fairly ritzy or high class whatever you want to call it subdivision, set the lots in at i $50,000 or $60,000 a piece and you're not going to get somebody in there setting up a little shed or a trailer house, you're going to have a professional type individual that's got some bucks going to - -- go in there and build a nice 5,000 or 4,000 square foot house, - ,., : This is what we're after here. We're after, we're going to set the pace and I don't think we're going to have people walking all around these different lots. I can't see it. '- We have totally deleted what we proposed a couple years ago and '". that would commercialize this thing to where there would be a lot - - -.. - of people coming and going. And that's not to say that these people who can set up a guide service and have a guide come up and " pick up some of these campers down here on this dock. They could - ....... do that if things work out. I think it could be compatible. With all the guides on that river, its a commercial area all ready, I guess you all well know. With all the guides in that river, I believe that they can come up there to our dock and pick up these ". people, these, these retired people up from Arizona or where ever they come from. I just feel like_ this subdivision is compatible --,:•-�' -.^ . to the area because its going to be kind of a laid back type of RV - -- - - - -- -- - -- - -- park. { y ' , ti I KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 11 Mayor Williams: Is there any questions of Mr. Foster. Mayor WO-liams: Gene Burden P.O. Box 3615 Kenai. Do you solemnly swear that the testimony that,you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Gene Burden: I do. I'd like to speak on behalf of some of the residents that are not in favor of this. This project. The city code as relates to the issue on this appeal appears pretty clear. Section 14.20.158 indicates that the Planning and Zoning Commission shall approve the application for amendment if the original application would have been approved had it contained the provision on the application --far amendment.- The Planning and Zoning Commission did not approve this, this project. I think for some real good reasons. I think that Foster raised some of those issues in his statement just a minute ago. First of all, the implications of the City in regards to support of this project I think are, really go much further than, just the Beaver Creek area. I too, bought property in that area and I guess you could say its just the local residents complaining about it. But I think the implications maybe touched on by Mayor Williams in that I bought my property there, in 1986, I, I did check and I found that that was rural residential and that rural residential all the way over to Anglers. I bought it with that idea in mind. I too, want, to have a place that I can kick my feet back and relax. I am opposed to a 100 unit RV park in the area because I, I think that, there's unquestionably changes the character of that residential area. The, the prospect of the dock being, or boat launch being eliminated, I'm certainly in favor of that, but if, If you notice, the plans are to continue to have, guides come in, pick up residents there, that's very all, all hours of the day, Soldotna's had numerous problems have been publicized regarding that lately. But getting back to the major point and the major point is, if the City, supports this project, with the current set of municipal code that you've got, your going to set a clear precedent that's going to make it very difficult for the City to reject a, a, a -- proposal to put in a 100 seat restaurant overlooking Beaver Creek. You're going to make it very difficult for the City to reject a proposal to put in another non -conforming use in other rural residential, and I'd submit even urban residential areas. Because this'd really open the door to it. The City has been advised by the zoning, the zoning, the Economic Development Commission, pr-eviously of --same of the -prerequisites- for - -an RV--park-and advised the Council that there were other locations that were much more -- _ _—.-- - -- _favorable_,_ That'snot near- services _for RV_,_ RV_ -uses. - ---- - And I guess that's another concern that many of us have is that, that, once the facility is in, how long is it before the service KENAI CITY COUNCIL s MINUTES SEPTEMBER 7, 1988 PAGE 12 businesses that, that handle, the needs of those RV users start coming in for permits. You know, under the existing, regulations that we've got and I'm not going to read the, the intent of rural residential -its real clear. And actions that interfere with environment of that rural residential by increasing traffic or materially altering the uses in that area, were to be prohibited. And that was the intent when the zoning regulations were passed and that's what many of us relied on when, -when we bought the property out there. You know, there, there are other issues other, other than, the fact that some of the residents out there are not happy about this. I think that, their environmental impact issues that haven't even been touched on yet. I think the application at this point is very sketchy at this point as far as environmental impacts, to the area. You know and on behalf of my family and myself I, r-think a few other folks out there in -that area really urge the Council to reject this. If you need to clarify zoning regulations or if you suggest take a look at the whole RV picture as far as zoning is concerned. I'd, I'd certainly support that, and one thing I want to make sure I, I actively supported development for Kenai Peninsula and this isn't pro versus anti development issue. This is really, a, a question of whether the ordinance that was passed i guess in 1984, whether that's going to be upheld. And, are you going to be opening the door to future variances -that are going to be very difficult to, to avoid in view of a precedent like this if this goes through. I don't think you will be and I, I, I just hope that you deny this and, then take a more reasonable approach and that is to, to evaluate the whole issue of zoning regulations as it relates to RV parks, and, and the use of the city within the City of Kenai. Thank you. Jack Foster: I'd like to ask you a question. Do you .live on Angler Drive? Gene Burden: No I don't I live on Dolchok. Jack Foster: Have you looked at a set of specifications as far as the rules that this camper park is going to have? Gene Burden: Yes I have. Jack Foster: And where did you find them? Gene Burden: From some of tho residents there that obtained copies of them. Jack Foster: Have you looked the site over pretty close? Gene Burden: (Inaudible) Jack Foster: I'm glad you researched this so 930d. - - Gary Foster: How far away do you live from this? Gene Burden: ,.: Well Dolchok runs parallel with Ames because the area that I live _ �" ..::... „;...- ,. t", .✓ in, and its, its from the border, ( turned away fiom the microphone and portion inaudible) probably a couple hundred feet from the edge of, from the back of my property .... Gary Foster: Are _ there any roads between the proposed RV park to your property or your subdivision? Gene Burden: �,. I know that originally there was a road proposed, an exit onto Ames and I noticed on the provisions or -plans -that- you've got here I -don't see that. --Gary Foster: There never was one. Gene Burden: There's, there was originally something that I'd seen that indicated an exit to Ames but that's really, Mr. Foster I id tt nI Is :, .. _... Jil ...: ...... t KENAI CITY -COUNCIL - MINUTES - SEPTEMBER 7, 1988 PAGE 13 that's not the issue to me, the issue is where you've got a clear set of rural residential area zoned, and, and you've got a clear definition of the intent for rural residential, where do you draw the line or, how, how do you go and use area within that for a totally nonconforming use. That's that's my probably and, and from the City's standpoint I think ya'll got the City's problem for the rest of the City. We have zoning regulations and if we have non compliance in the area I'm in favor of not only that area of but throughout the City having, having compliance with zoning regulations. Gary Foster: You know this is not a hazardous waste dump, this is just a four month ,gut of the year, first class RV park, I don't see how that stands to affect the value of your property. In fact I have asked quite a few realtors in the area their opinion of it and found that to be not true. Gene Burden: We've we've seen the Mayor Williams raps the gavel for order. Let the record show that this cross conversation is going an between Mr. Gary Foster and Mr. Gene Burden. You need to speak up so that the testimony can be put on the record. Gary Foster: That's all I have to say. Mayor Williams: All right is there any further testimony that isn't redundant to what has already been said that needs to come before us. Mayor Williams: Mr. Pelch Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Mike Pelch: I do. First of all I'd like to comment I have a letter with a sketch of my property and I just wanted to be sure all you people have it and ... I have the, I own the property on both sides of the lake (Mr. Pelch turned away from the microphone), eighteen acres, all this and this eighteen acres in here. I've been waiting about thirty years for this gravel pit to be done with and leveled out. It, now that it is about to I was assuming that something would be put -in there that would not interfere with the proposed real estate lots that I have in mind for my property. If this, park goes in as is proposed now, my land would be pretty much valueless as far as real estate home sites would be concerned. so therefore, as I've indicated in the letter, I would propose at the same time, and this is made into an RV park I_ wouldalso make these two lots of mine into gravel pits. Its the only solution that I have in making use of that land of mine. If this would go into real estate and homes, then I would propose -I'd -leave -my -two eighteen acre parce a as real-estate - --- acreage. KENAI CITY COUNCIL - MINUTES l SEPTEMBER 7, 1988 PAGE 14 '�x Now Fosters did say they were going to let me see a sketch of their drawing and the first thing I noticed on here is, their main office and showers and bath and everything is going to be right next to where some of my best property adjacent to that is (. (turning away from microphone) right here, these pieces right here are the, that is next to their land (inaudible) my best lots. So there, that would be automatically out as far as I'm concerned. So as the situation stays, sets right now I'm opposed to this. RV park. Gary Foster: What value would your property have at this time over looking the gravel pit. Mike Pelch: Not much. Gary Fosters We probably have, we have as much to lose as anyone down there. We have a lot of money invested here also, - _Mike_ Pelcht Ok, for the last thirty years you guys have been getting your money out of l that gravel pit. Gary Foster: No we just bought it a few years ago. Mike Pelch: All right, well you're still getting money out of it. Gary Foster: Would that, were you there before the gravel pit. Mike Pelch: Yes. Gary Foster: ....or was it there before you were. --- - Mike Pelch: I've been there thirty years. Any how, I've be4n waiting to sell some lots on these, these pieces of propert; of mine and its just about impossible over looking that gravel pit. I'd like to see you fix it up good. But if it's going to go into an RV park I mights well forget about trying to sell home lots on that. Gary Foster: You mean over looking a lake, you don't think t that would be desirable? Mike Pelch: Oh yes, but not as an RV park. Nobody's going to build a home over looking an RV park. I don't think so. Jack Foster: Mike is it your opinion of the value of those pieces or is that a professional opinion. Mike Pelch: A little of both. I talked to a couple of realtors about it and, and this is the way I feel about it too. I've been around the area long enough to understand the business of an RV park. Jack Poster: I would like to point out something on this picture here? Mayor Williams: Yes, please do so. Let the record show that Mr. Jack Foster in conversation. Jack Foster: This particular piece of property that Mike's talking about, we've just built up -a large area here with dirt and, and by the time he puts a road in this piece of property, I'm pretty well sure, I believe that there won't be any room for building lots before you get to a swamp, right just a few feet back, probably less than a hundred feet back from here and there will be a, at least a thirty foot easement or whatever for a road _ ._... the-Borough'si..re$uire_then .there are. no -building_. -lots because this ------------- is a low area before you get back to high ground, so I'd just like the record to know that i feel that there are not any good building sites in that particular area. Not say ng a couldn't eventually be built up, that's possible. 1 r,: au - _,MnI__C TY cOUNCIh - MINUTES SEPTEMBER 7, 1988 - - - PAGE 15 And one other comment would be that this, this main gate, or this gate right here is for first phase only. At the time that our - second phase of this project is completed, then the only access into this park is going to be off Beaver Loop Road where, where its got a nice approach paved all ready, and there are no neighbors living in this close vicinity here. So that is going to be, this one is going to be deleted. Mike Pelch: Yea, its true what he says, there is a swamp back here but I don't propose to build a street right through here. It can be filled, I've got lots of gravel to do it. Now there's no homes in here that's true. That's exactly what I'm referring to. I can't sell the lots here right now with this gravel pit here. And this is where I propose my best property is right along here. over looking the gravel pit -or over looking the trailer -park. It's a losing situation for me. Mayor Williams: Ms Hamby Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Kathleen Hamby: I do. I'm a local realtor here in town and I'd just like to tell Mr. Pelch that if I had the option of trying to sell nice residential property a beautiful lake with landscaped lawns or trying to sell a piece of residential property over looking a gravel pit, a working gravel pit, in my professional opinion I would have a much better chance of selling that property if it were over looking a nice landscaped lake. If this does get landscaped and doesn't get turned into an RV park the Posters are not going to landscape this, put a lake and grass around there just so your property can become valuable and do nothing else with it. That wouldn't even be sensible. If this doesn't happen it's going to remain an open working gravel pit which will totally eliminate you're being able to sell any of this. That's all I have to say. Mike Pelch: May I answer. Mayor Williams: Yes please do. Mike Pelch: I agree with what she's saying, we're not talking about the possibility, this this is a gravel pit. And it always has been and this is my problem. I can't use the gravel pit to sell the property. if it's into a trailer park, same problem exists. If it turns into private homes, which is what I was told originally that this was the intention, that would be fine. Residential lots, but I don't want to set a home here, over looking a trailer park. Kathleen Hamby: You know the way the - -economy has gone now YOU".- Mayor- William"- _banging_ the gavel, the_ rest of the mixed conversation with Mr. Pelch and Kathleen Hamby is inaudible. i KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 16 Mayor Williams: Mr. David McKechnie Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. David McKechnie: I do. David McKechnie: Well first off I'd like to point out that under the original conditional use permit, they have to level the gravel pit and reseed it anyways. Also under the original conditional use permit, when they first came to the residents, they requesLed an RV park. And we said no. We came to an agreement with Mr. Foster and Foster Construction, that they would put in a residential area. Not an RV park. Under that condition, we acceded to their right to -go ahead -and try and mine the gravel pit for whatever gravel is left. I think you'll notice under your own ordinance, you cannot amend, a conditional use permit, that would have been denied, if it had come before the Council at that time. And it was denied at that time. And just so the Council knows where I live, and that I do have a real vested interest. I live right there. Foster own this piece of property and, although they haven't told you this they're already guiding or they have guides going out of there now at this time. So I'm sure their future development here will increase traffic along my property, where my house sits, right here. And maybe you'd like to live next door to an RV park but I don't. And I don't care what they say, as far as what kind of development they're going to do because at this time so far they've still haven't met all the conditions of their original conditional use permit. Which was to provide barriers along all property lines. They haven't, there's none across mine. To reseed, they haven't, there's none across mine. So I question whether or not, the plans that we see here are really the proposed plans that will be there in the future. Gary Foster: May I ask him a question please. Gary Foster: When we bought that gravel pit, that that barrier and the gravel pit and your place was not there. We cannot put that back. You failed to state that fact. David McKechnie: Ok I'll state that's a fine fact to state. But your conditional use permit, clarifies that you will put a barrier in there and you will reseed. Gary Poster: We will plant trees, that was already done. David McKechnie: That's that was your problem when you acceded to the conditional use permit. And that is in the minutes. And you agreed to that and not only did you agree to that but you agreed tcF slope- it-5 to -1-, -which- -was also -in the minutes. Which . also - — ---Gavel is -banging. - - - — -- - - -- — - - David McKechnie: ... which sounds real good 'cause it was greater than the 2 to 1. L A -1 n.; KENAI CITY COUNCIL - MINUTES -- -- - -' SEPTEMBER 7, 1988 PAGE 17 i - o-T1i t ;f. Mayor Williams: We continued the hearing based on the conditions of the pit and surrounding property values and one thing and another that may be somewhat relevant but, I think it's time to move on to a higher ground and, and ... Gary Foster: Can I ask one more question, I don't know if this is relevant. Mayor Williams: Yes Gary Foster: Do you live there now? David McKechnie: Yes Gary Foster: Did you move back? David McKechnie: Yes Gary Foster: Oh you are, when did you move in, yesterday? David McKechnie: Saturday. As a matter of fact. David McKechnie: I'd also like to point out that I've lived there for about fourteen years. Mayor Williams: out of order. David McKechnie: And I don't think that makes any difference whether I live there or not. Mayor Williams: Mr. Chester Cone, Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Chester Cone: Yes. There's just a couple points that I would like to make to the Council. First of all is the need, of this RV park. We all know that, there are dozens of parks in Soldotna. And they're full to capacity. And at the present time we don't have the facilities to take care of them. But those people in those RV parks in Soldotna, they hire Alaskan guides to bring 'em down the river. And they come in front of our property and by the time that they've gotten to our property along the river, not only mine but all the river property, they're ready to go to the bathroom. And they use all our property for a bathroom. So, we are the bathroom for the RV parks in Soldotna. And this shouldn't be. If these people developed an RV park, first of all I sold the land to them, and say these opponents say well he has an axe to grind. I do. And every one of them have an axe to grind. The same protesters when I had the land protested for the last fifteen years so its nothin' new. But any say, about the RV park. What Fosters do they do it right. And when they put that RV park there'1 be toilets, and the people, there'1 be all the facilities that they need, to hook up, and the people will be paying for it._ They won't.be parked all over the streets in Kenai like they are now there's no place for 'em to go and the few that do find their way over here now, they use the streets and the gravel pits and everything else. For their facilities and no body gets anything out of it. So we desperately need it and my second point was, that whatever these people tell - you they'll"do they- ll-do -At -right :"-I would invite any and all of you, to go down and see what they've done up to now, and you'll ----- --- see whether -they; -they keep -their word on -it. -- -Thank you. L KENAI CITY COUNCIL --MINUTES -- SEPTEMBER 7, 1988 PAGE 18 Mayor Williams: Thank you Mr. Cone. I think we'll limit the testimony now and bring it back to Council. Council question before us again, is whether to allow an appeal, the denial to the amendment to the conditional use permit as issued by Planning and Zoning. Councilwoman Monfor: I was under the understanding that we did not have to!vote on this tonight, you need to poll us to see how we feel. Mayor Williams: Don't we have a thirty day period? City Attorney Rogers: -That's correct. At this point, that will. be the motion, to be decided. But the Council needs time to study the rest of the record, make their consensus known, to the administration, who will then, before they make their decision, will compare the -findings of fact. And then they can announce -the decision, that decision must be, it conceivably could be tonight, I do not think it should be made today. I think Council should have an opportunity to reflect on it, direct the administration to draft, appropriate findings of fact to support what the decision of the Council is going to be. And then disseminate their decision in writing. Within that thirty day period. Mayor Williams: All right. Under the question brought by Councilwoman Monfor, according to our code, 14.20.290 that directs the appeals Board of Adjustment, they do not have to make a final decision at this point, the question before us will be as read, paragraph b 2 of the code, 14.20.290, says that within thirty days after hearing the Board of Adjustment shall render a decision on the appeal and exercising the above mentioned powers, the Board of Adjustment may reverse, the Board of Adjustment may reverse or affirm, wholly or partly or may modify the order requirement decision or requirement. So, do you care to make the vote now or do you want to meet in special meeting. Councilwoman Monfor: Mr. Mayor, I know that everybody would like to have, a decision tonight, I have one question that I really need to have resolved by the attorney, and I think it makes all the difference in the world and until that can be resolved and he can research it I, 1 would not feel comfortable ... and I probably would vote no too. City Attorney Rogers: I will be in contact with the individual Council members to get their feelings because I will be the one 1 assume that you will want to prepare the findings of fact. And depending upon what your feelings are, I will prepare findings of fact to support that. I would ask that the diagram that's been referred to to be marked as exhibit A in these proceedings so it is part of the record, with permission of Fosters. Is there any objection to that? 0k thank you. Mayor Williams: Any other questions of Council? All right, then --is it- the- . desirecf_Qu cil to put- off _the decision -on —this -matter until after the administration has reviewed it. c U ---_I�._-_ - _. - _--._.__• - - - - - IiENAI CITY COUNCIL - MINUTES - SEPTEMBER 7, 1988 PAGE 19 Councilman MaComseys If, after reviewing all this and we come to a decision to deny this, that means that no commercial entities will be allowed in that area at all is that right? City Attorney Rogers: That's not necessarily correct. It's a possibility. = r;- MOTION: Councilman mccomey sm ed to adjourn seconded by Council aman Nonfor VOTE: Motion passed by unanimous consent ;_. Mayor Williams: All right. There being no further testimony and _ there being no further considerations by the Board of Adjustment, :...r. the Chair will entertain a motion to adjourn the Hoard of r' Adjustment until such time as, the administration prepares their findings of fact. MOTION: Councilman McComsey moved to adjourn, seconded by Councilwoman Monfor VOTE: Motion paesAd by unanimous consent *mail, recessed end reconvened as Council F 4. Agenda Approval Mayor Williams asked to change: Item C-2 - Substitute Ordinance 1281-88 Item C-7 - Substitute Resolution 88-76 Item H-2 - There will be a report from Finance Director prior to vote. 5. Consent Agenda No changes .I B. SCHEDULED PUBLIC COMMENT (10 Minutes.) 1 / I - !1 u ■ r......... ... , -• r--- —- - - - KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 ..: PAGE 20 ` C. PUBLIC HEARINGS 1. Ordinance 1280-88 - Amending Kenai Municipal Code, Title 1 - ". Legal Dept. and clerk Under Supervision of City Manacer MOTION: Councilwoman Monfor moved to table this ordinance, seconded by Councilman Measles VOTE: Motion passed by unanimous consent { 2. Substitute Ordinance 1281-88 - Increasing Rev/Appns - -- ---- - - Runway/Taxiway Overlay - $247,384 MOTION: Councilman Measles moved for adoption of Ordinance 1281-88, ` seconded by Councilwoman Monfor. Mayor Williams called for public comments, there were none. ...... VOTE: Notion passed unanimously by roll call vote 3. Resolution 88-72 - Accepting $85,000 from Borough to Expand Boating Facility Parking/Staging Area, Using Excess Sand From Landfill and Extending Landfill Permit NOTION: Councilwoman Monfor moved for approval of Resolution 08-72, seconded by Councilman McComsey. Mayor Williams called for comments from the public, there were none. VOTE Motion passed by unanimous consent 4. Resolution 88-73 - Transfer Funds - Litigation Re/Western Marine vs Citv of Kenai - 510.000 MOTION: Councilwoman Monfor moved for approval of Resolution 88-73, seconded by Councilman Measles Mayor Williams called for comments from the public, there were none. .VOTES. --- - - - - - -- -- ---- -- - - ----- Notion passed by unanimous consent I 4 t -- -M KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 y PAGE 21 5. Resolution 88-74 - Accepting State Grant - Road Improvements $70 000 MOTION: Councilman McComsey moved for approval of Resolution 88-74, second by Councilwoman Monfor. Mayor Williams called for comments from the public, there were none. VOTE: Motion passed by unanimous consent 6. Resolution 88-75 - Accepting State Grant - Water & Sewer improvements - $562,100 MOTION: Councilwoman Monfor moved for approval of Resolution 88-75, seconded by Councilman McComsey Mayor Williams called for comments from the public, there were none. VOTE: Motion passed by unanimous consent 7. Substitute Resolution 88-76 - Accepting Bid - Overlay, Taxiway A&B - Harley's Truckina MOTION: Councilwoman Monfor moved for approval of Substitute Resolution 88-76, seconded by Councilman Measles. Mayor Williams called for public comments, there were none. VOTE: Motion passed by unanimous consent. Councilwoman Swarner asked when the project would be started, answer from Airport Manager Ernst, it will depend on whether the extensions for the taxiway lighting can be obtained this year. If there is too much of a delay it will be done next building season. The main thing is that it goes out for a grant this month. Councilwoman Swarner asked if this bid would be all right next year, answer yes. e. Resolution 88-78 - Transfer of Funds - Sewer Treatment Plant Building-& Improvements--_-$23,000 _--- Councilman Measles moved for adoption of Resolution 88-780 seconded by Councilman McComsey. Lam.. t KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 22 Mayor Williams called for public comments, there were none. VOTE: Motion passed by unanimous consent. 9. Resolution 88-77 - Request State Funding for Seafood Facility - 2950.000 MOTION: Councilwoman Monfor moved approval of Resolution 88-77, seconded by Councilwoman Swarner. Mayor Williams called for public comments, there were none. VOTE: Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging Councilwoman Swarner reported that there will be a meeting 9/13/88 at 8 A.M. 2. AirP rt Commission Airport Manager Ernst reported on a meeting on 8/20, the meeting of September 8th has been cancelled. Mayor Williams reported that he will be out of town 9/15 through 9/17 and asked to be informed of the joint meeting with EDC. Councilwoman Swarner asked about the Saturday meetings,at Mr. D's, if this is going to be a standard time and day. Airport Manager Ernst answered that this change was at the request of the Chairman and it was discussed at the last meeting and the days will probably return to Thursdays. Councilwoman Swarner asked who was paying for the breakfasts, answer frc•n Mr. Ernst, they are paid by the individual except on one occasion when it was paid on a personal bill by the Mayor. Mayor Williams answered that he put it on his personal tab the first time because it was at his suggestion. 3. Economic Development Commission Mayor Williams reported that this Commission and the Airport Commission have agreed to a joint meeting, the date to be set. Mayor Williams stated that there is a report still in the works concerning the detachment -issue. Hopefully, it will be -complete on October 13th. L L i r_ "NAI CITY COUNCIL - MINUTES - SEPTEMBEA 7, 1988-- PAGE 23 { 4. Harbor C.omniesion Chairman Quesnel reported that there was no meeting, however the next meeting will by September 19th. Also, to ensure no error, Chairman Quesnel reminded the Council of a meeting for Ports Alaska on 9/23 and asked Council permission to have Barry Eldridge to attend and include per diem and travel expenses. MOTION: Councilman Mccomsey moved to approve the expenditures, seconded by Councilwoman Monfor Mayor Williams asked that it be part of the record that he did not work with Senator Faike on porting authority for the City of Anchorage. Councilwoman Swarner asked for a written copy of Mr. Eldgridge's report upon his return. Councilman Mccomsey asked if there were a report of the dock facilities during the fishing season. Chairman Quesnel answered that the Finance Director has the figures. Finance Director Brown stated he was not prepared. Mayor Williams asked if the Engineer could state whether or not the City can get started on expanding the staging area this year. City Engineer LaShot answered not this year, however, plane are to begin around April. Councilwoman Swarner stated that a resident suggested that we have a small boat harbor and have halibut cha:•ters run out of the mouth of the river and if any studies had been done. Chairman Quesnel answered that Mayor Williams worked on that for several years. The last figure for that development was $3 million. Councilwoman Swarner asked if anything had been done since then, answer from Chairman Quesnel, no, that is why we have ended up with what we have now. Mayor Williams stated that, while on the Harbor Commission he was able to secure a grant for $500,000 and expended the entire amount on a massive study on the entire system from the bridge down which included computer modelling, harbor designs, and all pertinent data. The final figure .was about $43 million. This would come out to be an approximately figure of $2,000 per year to park a boat there. Councilman McComsey asked if there had ever been an appeal to DEC or whatever agency who said there were stickle backs in the little creek. Mayor Williams answered that he would discuss this more with Council- later- on. - -It is - his belief- that - if- we -were -- - ---- develop a plan, in the long range, predicated on development of - - - - - --the seafood -industrial-park,- -utilizing the -wetlands -area -as--a - - - - - - --- - -- -- - natural habitat area in unison with the industrial park. We would develop a system to allow for the flow of water, perhaps even a L is KENAI CITY COUNCIL MINUTES SEPTEMBER 7, 1988 PAGE 24 salmon spawning ground for purpose of viewing by the tourists. This was done in Cordova. This would require an over all plan and we would need to prove that we would enhance the area. Chairman Quesnel stated that the Commission had directed Public Works to write a letter to Fish and (lame on this matter. Mayor Williams directed City R ajineer iaShot to ensure that Chaireen Quesnel is provided an answer to his letter. VOTE: Motion passed by unanimous consent S. _ Library Commission No meeting 6. Recreation Commission No meeting, the regular meeting will be this month. 7. Planning & Zonina Commission Councilman Measles reported that the Commission needs a member. Mayor Williams listed the other vacancies, this will be taken up at the next meeting. Councilman Measles reported that most of that meeting was taken up discussion of another conditional use permit as in the same area as the one that we talked about tonight. Action was postponed until 9/14. City Manager Brighton asked Councilman Measles if the conditional use permit was for bed and breakfast, answer yes. City Manager Brighton asked if there had been permits granted in that area for bed and breakfasts prior, answer, I believe there has been only one permit issued in that area for any purpose and there are certain businesses operating out there for other purposes, but we could only find one that had been issued. The party stated he had one, Janet stated she had not been able to find the record of it at City hall. Councilwoman Swarner: If there are that many businesses operating without conditional use permit, something must be done. Mayor Williams: We have a major problem down there. City Manager Brighton: Rather than waste a lot of time on this, I think what we're going to do is have the Building Inspector do an examination and anybody that's in violation we'll just issue a cease and desist order. Mayor Williams: I'm not sure we want to move that hastily. Councilwoman Monfor: It will get them all in here. Mayor Williams: We've got a major problem down there and I don't __. .. ... ...... .know -if -you_want.to- go- .into -the_ time to go._into_ it-nna_request - administration to do anything along those lines tonight or not. City Manager Brighton: I don't think we need direction. We might need direction to hold up and not do it. But it has now come to is IfENAi CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 25 light that there are many violations of the Zoning Code in that area, we have a responsibility to address it. Councilwoman Monfort That's right. it's in our code. if they're violating it.... Mayor Williams: is it council's wish that we go ahead and address the code issue and see how many people are in nonconformance. Councilman McComsey: Either that or change that area into a different zone. Rezone it to the use its being put. Mayor Williame: Does -Council have any objection to Council doing a survey? Councilwoman Monfor: I think it's a good idea. First of all, it will definitely get their attention, and secondly it is an issue we probably need to bring out from behind the closet door. It is an issue and it is a problem and it's something that we're not enforcing and I've often wondered if the bed and breakfast in inlet View Subdivision has a conditional use permit. There you go. Mayor Williams: I guess administration can continue in the direction they wire pointed in. B. Misc. Commissions/Committees Task Force Member Quesnel. There will be a meeting Sept. 12. They were waiting for information from Council. City Manager Brighton. In the Aug. 18 minutes the Task Force requested Council specify their goals before taking on any task. He has provided minutes of both Task Force meetings to Council. Councilwoman Monfor. It was the intent of Council to have a short turnaround Task Force get to a determination. We have received money for capital improvement projects, if you live in an area with water & sewer improvements, we will take that money for this. If you want paving, you must pay for it. With the changes in Council, we felt there should be a statement that the City should handle paving only. We wanted recommendations to Council with every area from all sides. They should say what their recommendations are, assess or we will pay. It is very specific. They should come to a meeting of the minds, it should be part of the Code. City Manager Brighton. We have 12 members on the Task Force, there are almost that many opinions. Councilwoman Monfor. Then they should come back to Council and say it is not workable. Mr. Quesnel. He will take this to the Task Force and that would clarify it. Councilwoman Swarner. She thought it would be on the ballot. Mr. Quesnel. There are 12 opinions from the Task Force, they want specifics from Council, this will satisfy them. Councilman McComsey. It says capital improvements in the minutes. City Manager Brighton. They have agreed that was for asphalt only. (Janet Ruotsala, City Clerk) E. MINUTES 1. *Regular Meeting, August 17, 1988 0 . KENAI CITY COUNCIL - MINUTES - SEPTEMBER 7, 1988 t : PAGE 26 F. CORRESPONDENCE 1. *Governor's Office - R©commendatian of Sue Carter for Alaska " '` Tourism and Marketing Council 2. *Senator. Stevens - P-3 Orion in Kenai j 3. *Alaska Community & Regional Affairs - Revenue Sharing, j' Population Determination - 6,546 -- 3. 4. *Resource Development Council - Thanks for Support G. OLD BUSINESS Morgan\Golf Course Lease Councilwoman Monfor: Is this the night that we need to make a ' decision? Mayor Williams directed Council to the last paragraph of the memo from the Finance Director. City Manager Brighton stated that the City Attorney, City Manager, and the Finance s Director all concurred. Mayor Williams: Specifically, did he open the second nine holes at all this year, answer no. Councilwoman Monfor: Then we shouldn't need to do anything, right? Mayor Williams reiterated the policy that he will owe the - money only if he opens the second nine holes. City Manager Brighton: There is a draft for an addendum to the lease for Council's information within this memo. City Attorney Rogers: If I may address this draft document, because my impression was the Council perhaps was going to do something of this nature. I would refer you to two pages beyond it and the actual lease that is a binding legal contract presently existing between the parties that shows rents starting $500 going to $10,000 per year then I modified that as per his request of the Council in the addendum to lease to charge a more $1,000 for at least the next 20 years and should he exercise option for 30 years. Mayor Williams: I think that the original lease approved by the previous Council is a fair lease. City Attorney Rogers: May I remind the Council that they drafted the lease. Councilwoman Monfor agreed. City Attorney Rogers: They provided the document upon which the RFP was based, the response was from one party, the RFP was ultimately awarded. It it to it was not responsive, -the Council told me to redraft make responsive so we :hanged the documents to suit the proposal. Mayor Williams: We're not looking at a hardship case here, where they can't afford the lease as outlined in the original document, we're talking the second through the fifth year at only $1,000 a year. Surely, we're not talking about something that's of major importance, we're only into the second full- year ofoperation - u.. i �. Vll .. i KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 27 Councilwoman Monfor: I agree with what you're saying, I war. just looking at this and at any time we can renegotiate the terms of the lease, I think we should do nothing. Councilman McComsey: The sixth year we may do the same thing. City Attorney Rogers: Our proposal initially in the RFP had access to the books, that was stricken out by the other side. It's none of our business, its not part of the agreement that we would know what kind of revenues are generated and that's why the lease rate is not based on usage at all and that was the bargain for agreement as drafted by the other side. z. Mayor Williams: What prompted the request to draft an addendum to this lease to begin with. City Attorney Rogers: Initially, there was a request to be exempted from taxes. I urged the Council to find an alternative to that because I maintained it is legally impermissible to do that. Then there was discussion and a suggestion by Mr. Morgan as set out in his hand written presentation that I included in this packet. He was requesting a reduction of all rents from $10,000 or whatever it might be that yAar to $1,000 for the duration of the lease which will run some 20 to 30 years. There seemed to be some support for that from Council. Anticipating possible avenues that Council might take, I felt it appropriate and I recall that there seemed to be direction given to at least draft a draft addendum to the lease to accommodate Mr. Morgan. That I have done. I did not recommend that the Council enter into that because there is a failure, as I see it, of consfieration as to the taxpayers. There is still a problem which I assume is going to be addressed by Mr. Morgan, of the payment of taxes on the lease hold estate. It is the Borough's opinion, it is the City's opinion that he pay those taxes. Mr. Morgan's presentation includes, as you read here, and is existing in the packet allegation that I had deleted the language from the document at the time in jest. I can assure you I wasn't joking. And he was aware of my modifying his proposal at the time to delete a provision that exempted the property from taxes. There were also discussions between the City Manager, the Finance Director, and the City Attorney, NSA and Mr. Morgan that I recall just having mentioned the tax issue at that time. Mayor Williams: From reading Mr. Morgan's letter it appears as though he misunderstood the intentions of the City when the words concerning taxation were stricken from the contract to be signed. City Attorney Rogers: I would not concede that, I would agree that it is his position that he had some other understanding. Mayor Williams: Can you advise us the basis for taxation was on - - - that land -this -year? Finance Director- Brown:. -.I _didnIt look it up, no. Councilman McComsey: Would you guess about $6,000? _xouncil- agreed -that -was spproicimately correct_. - tom.... 11 u KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 28 Mayor Williams: I'm trying to determine if there is anything that ' warrants the Council continuing to evaluate changing the rent schedule. Councilman McComsey: What he was trying to do, I i b I believe, is with this $1,000 paying the taxes would equal out. Mayor Williams: The paint here is that the. City hae.never, in any n v - - of it's contracts made a secret of the taxes, it's always been in bold print, you will pay the taxes. City Attorney Rogers: Mr. -- Morgan is represented by the former City Attorney. Mayor '..,..� Williams: I see no reason to take any action. a . H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified - - ------ - .__ . MOTION: '3 Councilwoman Monfor moved to pay the bills, seconded by Councilman :.... ......:. . ... ..... McComsey VOTE: Motion passed by unanimous consent. 2. Requisitions Exceeding $1,000 Finance Director Brown: Administration is asking that the NC - - Machinery, 966 wheel loader, the $133,000 needs to be taken off to allow for evaluation of purchasing procedures and the bidding requirements further. I have raised a question as to whether •, we've followed all procedures. MOTION: _._. Councilwoman Monfor moved that we pay the requisitions over $1,000, seconded by Councilman McComsey. City Attorney Rogers asked to delete Real Estate Services Corporation in the amount of $1143.15. That relates to an arbitration where both sides picked this individual and we owe no more than half of the amount listed here which won't require approval. Mayor Williams: Most of these deal with revenue sharing items that we had agreed to purchase, however, there is a request for $2,000 for a Mac work station at the library. While I have no objection to the library having the work station, under H•7 I see the library received a grant for $21,000 and asked if some of that grant money could be spent for the computer. Library Director DeForest answered that $6,000 of that is for Wildwood and I have no control over where that money goes. MOTION AMENDMENT: -- --F —= --,-- —, Councilwoman -Monfor--moved to -delete the .NC_ Machinery,._ 966- wheel - loader for $1 33,396 and the payment to the Real Estate Services `. _Corporaiion_for_$1143.15, seconded-by-Co-uncilwoman Swarner. L c � 1 i I tf F- KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 29 VOTE - AMENDMENT: Notion passed by unanimous consent VOTE - MAIN MOTION:" Motion passed unanimously by roll call vote 3. *Ordinance 1282-88 - Amending Kenai Municipal Code, Title 11 - Shifting Burden of Surveys & Appraisals of City Leased Lands from City to Lessee Applicant Consent Agenda Item J 4. *Ordinance 1283-88 - Increasing Rev/Appns - Visitors & - - ---- -- Convention Bureau - $90,000 Consent Agenda Item S. *Ordinance 1284-88 - Increasing Rev/Appne - Repair Roofs, City Buildings - $15,000 Consent Agenda Item 6. *Ordinance 1285-88 - Increasing Rev/Appns - Senior Citizens - Boro jh Special Revenue Fund - $5,606 Consent Agenda Item 7. *Ordinance 1286-88 - Increasing Rev/Appns - Library Grants - $21,000 - Consent Agenda Item S. *Ordinance 1287-88 - Increasing Rev/Appns - Dock Facility, Expansion of Parking/Staging Area - $85,000 Consent Agenda Item 9. *Ordinance 1288-88 - Increasing Rev/Appns - Repayment to City - Sale of Kenai Original Townsite, Lot 5, Block 4 Consent Agenda Item 10 Discussion - Kenai Flats Wildlife Viewing Grant (Boardwalk) Mayor Williams: I have a real problem at this point in time of dealing with a $52,000 appropriation. Based on the fact that the - .. Chamber of Commerce has fully prepared their financial involvement --""for"us -here in that-they-have--oniy shown $8,000 as their -tote_ ---___... participation. They have not considered all materials yet to be - "--- - — - -donated,"-as- I understand-they-have-not--yet-considered- additional_____ cash to be raised. I would like to refer this matter back to the Chamber for further information and asked Mr. Queenel to report. L r. C'"- KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 30 Leon Quesnel: I was in contact with Mr. Fred Braun and he was to talk with the Chamber and I believe that they submitted a letter stating the extent of their financial involvement in this project. Mr. Quesnel felt that the $8,000 was the total of the Chamber involvement. Mayor Williams: My recommendation to the Council is that we not introduce this ordinance at this time. The Alaska State Parks Department is anxious to get this underway, however, it was never intended for the City to come up with this kind of cash. Councilwoman Monfor: I agree. I'm certainly not willing to commit that much money from the City's fund at this point in time. If the Chamber has only raised $8,000 of the $75,000 they need, we'll be asked to put in more than this. Mayor Williams: It was my understanding that many more major donations were to be used. Leon Quesnel: That was the original intent. There is going to be a meeting with Mr. Braun and Mr. Kornelis on 9/12 and I may pass along your letter. 11. Ordinance 1289-88 - Increasing Rev/Appns - Kenai Flats Wildlife Viewina Area - $180,000 MOTION: Councilwoman Monfor moved to table Ordinance 1289-88, seconded by Councilman Measles. VOTE: Motion passed by unanimous consent 12. Discussion - Kenai River Special Management Area - Nominations Mayor Williams: Am I correct in assuming this will be a Governor's appointment? Councilwoman Monfor: Being your former representative, the procedure is to submit a name to the Governor's Office and they approve it. Who ever is submitted, they need to be available for a day time meeting, able to listen to unending speeches, and willing to expound upon why the City will not let them have the five mile stretch from the bridge to the mouth.- I could not believe it when I read that they were going to re-establish that. The only thing that that river board did that they could agree on was the horsepower. And that is after two years and one or more meetings per month. And it dial not turn out to be anything like I expected. I thought we would have more input from our representatives and that was not happening. It appeared to be a special interest. Someone does need to represent the City to be aware of our interests. L. . i Fi - - -- -- KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 31 Mayor Williams: In their letter they state that the Board will meet quarterly so it appears to move to a maintenance from a management type Board. How does the Council feel about someone from the Harbor Commission. Councilwoman Monfor: I think that's a wonderful idea. Councilwoman Swerner: I would suggest Keith. Councilwoman-Monfor: No, you want a citizen. You do not want a paid employee of the City. Councilwoman Swarner: Then I think someone from the Harbor Commission is a great idea. City Manager Brighton: Do you surmise that one of their main goals is to get the City off of that section from the bridge to the mouth? Answer from Councilwoman Monfor yes. City Manager - Brighton: That is probably the most important exception to this City that we could possibly have from that group. If they usurp that then we are dead. Councilwoman Monfor: That's why it's really important that we have representation. Mayor Williams: October 12th is a meeting day and until we come up with a name on a more permanent basis I will attend. councilmen McDo ey left the aaeting and Council Recessed at 9:55 P.M. 13. Approval - Election Judges MOTION: Councilwoman Monfor moved to accept the election judges for the October 4, 1988 election, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent Clerk Ruotsala noted that there are only three judges in Precinct three, the rest have four. However, Precinct three is the smaller one. Mayor Williams asked if there was a prequalification procedure for being a judge? Answer from Clerk Ruotsala, according to our code they have to be approved by Council. For the Borough, I believe they don't have to. 14. Discussion - Priority List for Legislature Mayor Williams: I have requested matching funds for our seafood industrial development and am hoping to present that to him next week. Councilwoman Monfor: I think we all need to be together before discussing this. Mayor Williams: The election is October 4th, the legislative will be November 8th. The most logical way to proceed is to go through the legislators. I would suggest that we hold this item to the next meeting. Councilwoman Swarner: Are we supposed to meet with Ashley Reed? City Manager Brightons He does not -want to meet witty -you while ___you are formulating because he doesn't want to be accused of creating- input into what you- think you're -priorities -are.— If - I --- - -.- - - - -- -. - L KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 31 Mayor Williams: In their letter they state that the Board will meet quarterly so it appears to move to a maintenance from a management type Board. How does the Council feel about someone from the Harbor Commission. Councilwoman Monfor: I think that's a wonderful idea. Councilwoman Swerner: I would suggest Keith. Councilwoman-Monfor: No, you want a citizen. You do not want a paid employee of the City. Councilwoman Swarner: Then I think someone from the Harbor Commission is a great idea. City Manager Brighton: Do you surmise that one of their main goals is to get the City off of that section from the bridge to the mouth? Answer from Councilwoman Monfor yes. City Manager - Brighton: That is probably the most important exception to this City that we could possibly have from that group. If they usurp that then we are dead. Councilwoman Monfor: That's why it's really important that we have representation. Mayor Williams: October 12th is a meeting day and until we come up with a name on a more permanent basis I will attend. councilmen McDo ey left the aaeting and Council Recessed at 9:55 P.M. 13. Approval - Election Judges MOTION: Councilwoman Monfor moved to accept the election judges for the October 4, 1988 election, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent Clerk Ruotsala noted that there are only three judges in Precinct three, the rest have four. However, Precinct three is the smaller one. Mayor Williams asked if there was a prequalification procedure for being a judge? Answer from Clerk Ruotsala, according to our code they have to be approved by Council. For the Borough, I believe they don't have to. 14. Discussion - Priority List for Legislature Mayor Williams: I have requested matching funds for our seafood industrial development and am hoping to present that to him next week. Councilwoman Monfor: I think we all need to be together before discussing this. Mayor Williams: The election is October 4th, the legislative will be November 8th. The most logical way to proceed is to go through the legislators. I would suggest that we hold this item to the next meeting. Councilwoman Swarner: Are we supposed to meet with Ashley Reed? City Manager Brightons He does not -want to meet witty -you while ___you are formulating because he doesn't want to be accused of creating- input into what you- think you're -priorities -are.— If - I --- - -.- - - - -- -. - L r -XEMAI CITY COUNCIL-- MINUTES - 1_ SEPTEMBER 7, 1988 PAGE 32 might suggest, a work session might be a better way to approach this. Mayor Williams asked for the schedule of Council members. Councilwoman Monfor suggested waiting until 9/21 and set a work session at that meeting. i 15. Discussion - Aigort Terminal Renovation - 1989 Mr. Kluge outlined his proposal. We looked for areas where we could reduce costs. We could not find any substantial areas. We looked at alternatives that are mentioned in the report from the standpoint of the synopsis. We could eliminate the bar and restaurant equipment and have the tenants pay for their own improvements. Also, we looked at deleting phasing which means shutting down the bar and restaurant while the work is being done, and postponing the work for the display until a later date. It became evident in reviewing the documents that a major portion of the expenditures were to meet the egress requirements for the bar. On the first page of Carmen's letter, the total should be $136,079 instead of $130,000. He was speaking of reusing some food service equipment versus eliminating buying the new equipment for $126,000. The reroofing alternate, in speaking with Joe Popper who checked out the roof in February, found that the existing roof is not leaking. The flashing area is weak and a pond on the roof over the existing bar which needs a new roof drain and possibly it could be built up to use existing roof drains. Joe also mentioned that there are other areas that need reinforcing. It is suggested that flood coating be done to the entire roof and protecting the new layer of asphalt with an aluminum paint Sunlight is a depredating force on a roof and this will be money well spent. Another option -would be combining the two systems. I have set a fee of 8% where 10% is the normal. What it boils down to essentially is that if you want the bar upstairs you're going to have to pay for it. Councilwoman Monfor: I like the part that shows not as much room in the bar and restaurant and everything is kept on the ground floor. In the past, we've seen that the summer time is the busiest time for the bar and restaurant and the money we save can be used for other things. Bill Kluge: One of the things I qunetioned when I looked at the plan was the arcade area itself. If it was used by guides it would be real seasonable and during the winter that space would be wasted. I can see_ one gift shop but if you get more than one then we will be seeing businesses folding during the-w rater: - - I - — - --- - - - - -- -.- -- KENAI CITY COUNCIL - MINUTES - SEPTEMBER 7, 1988 ... �; PAGE 33 Councilwoman Monfor: I know that $500,000 is more in line with what we have anticipated. Bill Kluge: We tried to utilize the estimate. These numbers were compiled based on that estimate. Pertaining the last two, the conventional frame would be slightly !, less compared to the glass. Also, you could reduce the footage of the restaurant. if you elect to go with the bar upstairs. You need to anticipate a little more cost with the glass stairway and the roof work. I should also mention that if you are planning to have this operation for the 189 season, time is of the essence and you need to get this project going right away. councilwoman Swarner: How current are the ... (microphones make loud noise and all microphones have reduced volume to nearly inaudible) Finance Director Brown: I have sent a memo to the -,- - -.- — -_ -� attorney, the bar and restaurant are three months delinquent I think. City Attorney Rogers: I don't recall, they are always - _ ...... _ ._ delinquent. ..:. 17 Added Item - Letter Regarding Additional Building Letter distributed to Council. Mayor Williams: This could attract large business. Hudson Bay, DHL, Navy, suggest we order prints. To end � ss 800,000 on that type of building would bring in P p more business rather than spend on terminal renovation. Councilwoman Swarner: We have spent enough on blueprints that we don't have to spend more, especially with four Council members - - here. Councilwoman Monfor: I would be willing to spend $200. Councilman Measles: I would have no problem with $200 but I have a problem with putting off terminal any longer. Councilwoman Monfor suggesting putting on the 9/21 agenda for decision. ? Bill Kluge: Space upstairs was for offices, only one extension needed for office space, is desirable space. Especially for • airport related business. Would be more permanent than guides and gift shops. Airport needs gift shop but now several. Mayor Williams: Could put bicentennial in the glass office apace. • B 11 K1 .-A I disa ree office space - Airport Manager Ernst. i uge n g up stairs - you will -throw out all work that has been done for 51,000. Will delete display area. Airport Manager Ernst: There is no big savings if you delay. If we are going to do it, let's do it. There may be a problem with office space up stairs, because it may have to be for airport related businesses only. Mayor Williams: I would rather spend $800,000 and produce employment. Big area needs to be renovated. We need display area for both--industrial-and nature, - Airport Manager- Ernst:- .Regarding ... _. the arcade, idea was we could have space for business that would ,M� - - - ---- ' • 1 KENAI CITY COUNCIL - MINUTES +` SEPTEMBER 7, 1988 _ PAGE 34 ' be operating in summer and built so that it can be taken down in a j guide services as an examplo. We only planned Il winter. This being gu look of the one gift shop and the arcade was to keep the open terminal. t Bill Kluge: We could eliminate one wall. Mayor Williams: At the have or three alternate schemes. Has this been — 9/21 westing -two to Airport Commission? Airport Manager Ernst: No $5,000 for Kluge to review the current plan to see if there could be any _.. savings, this is his report. To do more will require more funds. ; Bill Kluge: We are under 5,00 now. Mayor Williams: Put on 9/21 agenda with comments from Airport Commission. Airport Manager Ernst: will be as shown now. Mayor. How much will it cost to redesign? Bill Kluge: About '.,.._. ... ,._..._.. Williams: $58,000. Is built into $587,000, $28,000 for roof. Mayor ...:__, .. -': Williama: 8% architects fee is for redesign. ;794,000 or Bill Kluge: No, there would be modification in either. ;. ;587,000? Mayor Williams: In original drawings, architect fees is in? Bill Kluge: If you let out as is it is bid ready. I you have comp items, there would be modification. Mayor Williams: steel, $200 for prints for 49,000 square foot building. Reference several years old. Maintenance hanger. There may be opportunity ` to pick up. Would like to look at prints. Find original coat. May set into overall airport development plan. Bill Kluge: Check thermal package. Mayor Williams: Will have to be eliminated. H. NEW BUSINESS ,.'. H-16 Discussion - Library Regulations I. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to approve the library regulations as submitted. - Councilwoman Monfor noted the Library Commission has reviewed and approved these. Motion passed by unanimous consent. r I. ADMINISTRATION REPORTS 1-1 Mayor ;=- ----- - Mayorwiiliams spoke. =------------ '- ; ---- - - - - --There are -appointments ._needed for_ Comm/Comm. He asked i - - - - - - - - ----- -- ---- —, - ---- •.y a.- there should be an appointment for the Hospital Board, - _ Councilman Ackerly was the representative. He will look into KENAI CITY COUNCIL - MINUTES ' sEPTEMBRR - 7 , 1988 - - — - - - --- - — =- PAGE 35 b. Economic Development Commissioner Thomson was asked to go to Mt. McKinley with the Alaska Resource Development Council in place of Chairman O'Reilly. Councilwoman Monfor asked if there was money in the budget. Mayor Williams replied yes, but Council has to approve. Council had no objections. - - -- C. He attended the Mayors Conference in Kotzebue. The villages have not changed much in the last 20 years. There is still need for many things. I-2 City Manager r City Manager Brighton spoke. -- - ----- -- -- a. The Borough Economic Development District has set aside $14,500 to put together a program to submit to a Korean group for an LNG plant. There are 4 sites in Alaska, one is on the North Road. They have rented space in the City. They have requested Council review the proposal. They also discussed non -area wide powers for ports and harbors according to Alaska statute. It was passed by the voters, but they could not spend any money. They will have a joint meeting with Kenai Economic Development Commission Oct. 13. He asked Council to attend. I-3 Attorney Atty. Rogers spoke. a. The Central Alaska Construction litigation is through. The attorney has moved to resurrect the case based on neglect. He did not know how the courts will treat it. b. Regarding the Busby decision, on liability for police officers. Chief Ross has asked him to help with legislation for police and other officers. He will work with Municipal League. C. Regarding a legal assistant. He will hire one of the top applicants and work down from there. He hoped to wrap it up by Sept. 8, with approval of Council. Council agreed. He will hire as a legal assistant and later could become a deputy. Mayor Williams noted Council viewed -it as desirable that the assistant be less closely established with the City. 1-4 Clerk Clerk Ruotsala spoke. a..-. There -was _a - -recent -announcement --that-Sew.--Fischer-had--- ---- arranged to have absentee voting for District 5 at the - - - Borough building - She spoke to- Div. -of Elections --in- Juneau,- they will have absentee voting for Dist. 5 at the Borough I KENAI LAITY COUNCIL-- MINUTES � SEPTEMBER 7, 1988 PAGE 36 building and absentee voting for the whole State in Kenai City Hall for the 2 weeks preceding the Nov. 8 election. b. The Kenai Fire Dept. has invited Council to their convention dinner on Sept. 21. It will be on Council night, but Council is invited to visit before the Council meeting. C. The Council, Comm/Comm, Legislators meeting will be scheduled after elections. She will discuss it further. I-5 Finance Director None 14 Public Works Director Engineer LaShot spoke. a. We should have asphalt on Swires in the next few days. City Manager Brighton noted the Borough built a street for Nikiski school, but not for Swires. (Info 7) Mayor Williams suggested this be discussed with our Legislators. I-7 Airport Manager i Airport Manager Ernst spoke. a. Councilwoman Swarner asked, regarding the road to the float plane basin, will there be an entrance? Mr. Ernst replied, all streets will be blocked. There will be no access except 1st Ave. b. Councilwoman Swarner asked if the fish display in the airport could be labeled. Also, the janitor does not clean the top of the display. Mr. Ernst replied, they were to get labels. J. DISCUSSION J-1 Citizens None J-2 Council a. Councilwoman Swarner requested a proclamation be prepared for the schools - education and support of the schools in Kenai. Homecoming.is Sept. 24. b. Councilwoman Monfor noted Ruby Coyle is very ill, could we have a proclamation acknowledging her contribution to the City? C. Councilman Measles noted he is on the Hospital Board, appointed by the Borough Mayor. Perhaps Tom Ackerly was an - ad hoc -member ; - __. _ __...-----__-.-- ._-.-- d. Councilwoman Monfor suggested that the Comm/Comm not meet - - - - - - - - - --every -month -if -there-- is- no -business- --Mayor Williams - suggested the chairmen look at the necessity of meeting monthly, he will check the Code. L L .� KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 37 e. Mayor Williams distributed the new City of Kenai pins, and noted they were made wrong. We will correct this when we order new ones. f. Mayor Williams noted at the Conf. of Mayors meeting in Kotzebue, they visited the Cultural and Heritage Center. There was a diorama of animals with recorded stories. There was a $15 charge. K. ADJOURNMENT Meeting adjourned at 11:00 PM. Janet Ruoteala City Clerk Janet A. Loper Partial Transcribing Secretary t r; : oV ;D my C�-T ^ L y I KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 1988 - 7:00 P.M. JOHN J. WILLIAMS, MAYOR PRESIDING n+ A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call - y Present: Mayor Williams, McComsey, Measles, Monfor, Swarner _ ` Absent: Bailie, O'Reilly 3. Board of Adjustment: R/V Park - Angler Park NM: This portion of the sim tes are verbatim. Mayor Williams: The first item of business before the Council this evening relates to a Board of Adjustment request, by Mr. Gary ' Foster, Foster Construction, in a letter to the City Clerk. Before we go any further there are two items that the Council - - needs to include with that material on A-3, one is a letter from '.- Mr. Gene Burden, P.O. Box 3615 Kenai, and also a letter from Miss Chris Garcia Box 203 of Kenai so if you would include those in your materials. } Councilwoman Monfor: Mr. Mayor that is Mr. Chris Garcia. _- Mayor Williams: Excuse me, Mr. Chris Garcia. The item of a Board of Adjustment will require that the City Council o¢ course understand wholly the intent of the Planning Commission prior to, us taking the action. I would like to have our minds refreshed, from the minutes of that Planning Commission's some statements that were made. In the, on page 12 if you have before you the ." Kenai Planning & Zoning Commission minutes of July 13th, on page 12, Chairman Smalley said, (reading from that document) "ok we have a motion on the floor its been seconded, any further discussion. Do we want, is everybody squared away as to what the motion .. Commissioner O'Reilly this is the motion. This is the motion Chairman Smalley this is the motion requesting a public hearing to support facts finding of facts and so on which in a sense speaks against well no it doesn't either. it just speaking ,:,,,:. :;•y` strictly on the conditional use itself it has nothing to do with ` - the RV. I think that is the most important that we want to keep in mind at this time. It is just speaking strictly on the ' conditional use itself it has nothing to do with the RV. Commissioner Church. That's right call the roll." The vote was —'---' — - - -then taken, -Chairman-Smalley- yes, Commissioner- Bryson -yes,... -_ --- ---- - - :._" Commissioner Church yes, Commissioner Nault yes, Commissioner ' " -• _ -__ _ _ --O'Reilly-no. Planning_ Specialist 1oper_ can _I- ha�re _that motion -in- writing." L �= -, -� KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 2 Final action then on page 18 takes place. In which, from Chairman Smalley, (again.reading from a document) "any additional comments. Please read the motion. Planning Specialist Loper, move that the Planning and Zoning Commission recommends approval of the smendment. to the conditional use permit. Chairman Smalley calls the question. Commissioner Bryson no, Commissioner Church no, Commissioner Nault no, Commissioner O'Reilly yes, Chairman Smalley no." Now that brings us to the defeat of the motion that the Planning and Zoning Commission recommends approval of the amendment to the conditional use permit so it was denied by the Planning and Zoning Commission. Several inaudible voices. Mayor Williams: You need also to understand Commissioner Smalley's final comment in which he said that took a long time. The only other thing I want to do is clarify to the City Council that our intent was to deny it as an amendment and to make it clear to them that the proper vehicle for bringing it back to the Commission is a new conditional use ... it doesn't say conditional use permit but I'm presuming that's what he meant. All right. So, what we have before us now and still is not quite clear in my mind is whether or not it's proper at this time to convene a Board of Appeals based on actions taken by the, by the Planning Commission. Board of Adjustment. And I'd like the City Attorney for just a moment if .... City Attorney Rogers: The matter being appealed, as I understand it from the Planning and Zoning is specifically, the denial of the amendment of the conditional use permit. Not, not whether or not a new conditional use permit should be issued. That's from the .. minutes that I have in front of me. Mayor Williams: So we're looking at, this relief from the denial of the .... . City Attorney Rogers: Amendment. Mayor -Williams: Amendment to the conditional use permit and not whether a new conditional use permit should be issued. City Attorney Rogers: Right. Councilwoman Monfor: Mr. Mayor. Would you really specific and real simple terms because all along I've been really confused why we're even having this tonight. - . Mayor Williams: That's the point of which we're trying to arr ve is this now the proper time in which to have this meeting. That's - -- - - -- - - - Mutt I' m trying to get .. . � J' vr:.iF 4 r.. KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 3 ->° City Attorney Rogers: The specific request, from Foster - J�.' '� `'j' construction dated August 16th 1988 was quote " to request an appeal to the decision made by the Planning and Zoning Commission at their meeting dated July 13 1988." Then to -ascertain what the A decision was because it is not stated in the request of the appeal one refers to the P and Z Commission transcript of July 13th 1988 and the last portion read by the Mayor according to the record ;,,_:,,t ..- __ ; indicate that the appeal then is to the denial by Planning and . _- , .:..,•:: , , .. . Zoning to allow an amendment to an existing conditional use permit. ' Wf you have several documents in front of you whether or not that I sort of -thing is permissible, it's within -your power tohear presentation by the Fosters. I would urge you though to read for - - =''`• the record if you're going to sit as a Board of Appeal tonight is _,,.,- that issue. To get into the record the memorandum that I've included that is identical to one which has been read into the record previously regarding procedures of Administrative Appeals Board such as you would be sitting. Mayor Williams: If the Council so chooses to set as a Board of `±- - Appeals tonight, a procedure that will be followed is that we will adjourn as a City Council. we will then come to order as a Board ':. of Appeals, keeping in mind the same as I believe the last time this came before us that any testimony given to us this evening will be given under oath and under threat of prejudice and ... . City Attorney Rogers: I'm going through the record, if in fact the Fosters want to pursue it on that limited basis, you might -' want to ascertain at this time, if that was their understanding of k what they're appealing or whether they want to wait and submit a new conditional use permit and go through that route. Because the • i. appeal at the point would be on very limited grounds and the testimony, I assume, the Council would want to limit the testimony to just those grounds, the amendment of an existing conditional use permit. It's very easy for one to look through the record and assume that this appeal was as to the whole of all things that have been discussed previously, regarding the siting of an RV park in that area. That's not the case. And I don't know if the people representing the Fosters or the Fosters are aware of the limited basis for the appeal at this point and if they weren't they may wish to reconsider pursuing the appeal on those limited grounds at this time. If, however they do want to pursue the appeal then the Council does have an obligation to sit as a Board of Adjustment and hear that appeal. Because it is a step in the process to resolve disputes short of going to court. --Mayor-Williams: .Councilwoman_Monfon77 - ' CouncilwomanMonfortMr. Mayor it would seem to me having read the minutes from Planning and Zoning and knowing this discussion has gone on for at least a couple of years, that the cleanest way for them to to handle this and I hate to have to say this but go back, come back in and apply for a new conditional use permit. -, KENAI CITY COUNCII. - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 4 Clear up all the muddy waters from behind them and especially from this last meeting with this amendment which to me has made no sense whatsoever for us to even be here as a hearing board, come back, probably have to come to us anyhow because, unless things change it may not be approved by Planning and Zoning but at lonot come with a clear cut issue will the Council approve or disapprove the new conditional use permit for you to have an RV park period the end. That's at least how I see it real clear cut. City Attorney Rogers: Simultaneously if I might. Other options have been discussed, one could simultaneously urge either a rezone of the area or the incorporation into the code of a recreational zone. Or rezone into another existing area. Or another existing classification. And it has been discussed that those would be possibilities to be raised on P and Z level, simultaneously with pursuing ... what the Fosters are after in the form of a new conditional use permit. All of those then ... all those things could be considered at that level, filter down to the Council so the Council would have a very specific thing to consider discuss and decide which would give a certain finality, to it, insofar as the administrative appeals process is concerned because I too, feel that, any Board of Adjustment hearing tonight may very well, depending on the outcome, well either way may not resolve the issue. Regardless of what the Council may decide tonight it would not resolve the issue with any finality as to either party I believe. Councilwoman Monfor: Mr. Mayor and the other point that I would like to make to the Fosters and the other people in the audience, we are very short tonight. And, we're short two Council members and this is so important. I think its really important that this comes before the full Council. I would make a lot of difference. City Attorney Rogers: I would urge that the Fosters go on the record as what their preference is tonight. Or whoever is representing the Fosters. Go on the record, either indicate that they want to proceed on that limited basis now, or they want to defer and, and go back to P and Z for resolution either to consider the one issue, under the conditional use permit, and or rezone and or a new classification in the zoning code. Mayor Williams: one of the problems I face Council with this is that, in going over both the attorney's memorandums it would appear to me that, unless certain changes are made in the code itself, in the zoning code itself, it would be futile for the Fosters to return to the Planning and Zoning Commission to seek out new grounds so to speak and begin from scratch without a clear and defined direction as to whether or not when they approach the Council they can in fact, get, a conditional use permit. I think -the-first-thing the-Council--has-to come to grips with is whether - or not they can legally have that permit without a zoning change. Councilwoman Monfor: And that has nothing to do with .... V r { KENAI CITY COUNCIL - BOARD OF ADJUSTMENT - SEPTEMBER 7, 1988 PAGE 5 Mayor Williams: It has nothing to do with the public hearing or the, Board of Adjustment tonight, that's a decision I think the Council has to wrestle with itself. To determine whether or not the area should in fact be rezone to accommodate an RV park. City Attorney Rogers: If the Fosters don't want that considered tonight that's the end of it right now so it might be well, I saw Mr. Foster back there with hie hand up. If you put him on the record at this point at least you'll have some direction as to whether or not you're going to proceed. Mayor Williams: One of the things that we failed to do two yfzars ago, as you recall, is to address the subject of RV parks in general. -There is no -provision in any part of the zoning code, within the City of Kenai, save for Old Towne, for the allowance of RV parks at this time. Old Towne is the only area at the present time that there is such an allowance. I think that matter has to be dealt with. First before we can consider the overall question of the Fosters. Now was there someone else from yes ... now you will be made a part of the record since we are in discussion of the Board of Adjustment so come forward and identify yourself .... Gary Foster: I'm Gary Foster, Mayor Williams: Excuse me we, we're, we are still seated as the Council not as the Board of Adjustment. Gary Foster: I just had a couple of questions. We thought we were legal by asking for a revision of our conditional use pert Is it not legal to do that, to ask for a revision and be grant( revision. Based on, based on another use that is legal within City? Mayor Williams: Well the problem that we face is that the Coui is grappling with the question of whether or not it is legal b come, to, to issue any kind of a permit since there in fact is provisions for RV parks within the City. Gary Foster: Is there anything against it? is there a law against having an RV park in a residential area? Or is it not legal. Mayor Williams: No there is no law against it but that doean' necessarily make it lawful. Gary Foster: But we, we were under the assumption that under definition -of -RV-.-park or.parks-that thi% was le_gal._.And, -I!d to direct that to the attorney if I could. City Attorney Rogers: You certainly may, there, there is an -` opinion, not by me, using the Webster's dictionary I think as definition of a park. And I consider that a strained L i KENAI CITY COUNCIL - BOARD OF ADJUSTMENT � SEPTEMBER 7, 1988 PAGE 6 interpretation not one that I would embrace, to expand the ,. definition of a park to include recreational vehicle park. Gary Foster: WE don't necessarily want to rezone this commercial. �! -- — -- - = You know we want to build the nicest RV park in Alaska in a residential area. A residential ... recreational area. I mean, f maybe its not described as recreational but it certainly is ' rs recreational. Mayor Williams: Once again though, as I say the problem that the Council faces is that they must, in their own mind, decide whether or not they can in fact, approve a conditional use permit in that area based on the present zoning. Gary Foster: Can we decide that? City Attorney Rogers: No. Tonight...... Mayor Williams: I don't, I don't believe we can decide that tonight, no. City Attorney Rogers: The matter in front of the .... Board if is convened tonight, is solely whether or not it would be appropriate ' I to amend an existing conditional use permit... to have an and use of the property, other than what was granted originally in the ' conditional use permit. That is the sole question that would be the subject of an appeal. It would be very limited and it .. if its ... its not going to solve the whole gamut of questions that - are arising that's why I suggested ... and it's your prerogative that you may wish to have one hearing with Board of Adjustment to - consider all the issues, the totality of the issues involved. Rather than the limited finding that could be made tonight. Gary Foster: You don't have anything actually written that says that you can revise conditional use pe mit? City Attorney Rogers: I have (several voices, all inaudible or - inseparable) that I can provide you, yes. Gary Foster: You do have something? That says we can't do that or can do that. City Attorney Rogers: I'll let you read that for yourself, but basically it, it comes down I would say the weight of the story is ' against, against what you're asking. I will, during the first recess make some copies for you. City Manager Brighton: The question you need to ask him is, --- ---= — -- - = - - doesn!-t -he have -the -rightto 'request,- an amendment to his . use--- -- - - ----- - .-- ,•�: 's permit and yes he does. j----------------- .: :. City Attorney Rogers: Yes, you have already requested that at % Planning and Zoning and you were turned down and if that', the I. KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 7 issue you want resolved by this Council as an appeal board then Gary Foster: Well, that's kind of what we thought. We thought we did this just right and they didn't actually say yes or no they just said in order to do this you have to start all over again, well we've been through this so many times that we didn't feel it was necessary to start over. We were stalled month after month and .... City Attorney Rogers: I understand your position, I thought you may have, because you letter requesting appeal, an appeal was rather brief. --It did not state specifically what it was that they did. The Mayor has read into the record, from the proceedings of Planning and Zoning, what it was they did and they denied the amendment of your conditional use permit. if that's the sole issue you want resolved by and Appeal Board they can decide that based on a presentation that you make as well as the materials that have been provided to them as part of their packet. Gary Foster: so what good would that do us as far as, you know what we're after. City Attorney Rogers: If you prevail, and the Council rules in your favor, and over rules Planning and Zoning, then barring court action with conjunctive relief by people on the other side, you would proceed. if you lost, then I assume either you would appeal on to the courts, or you would go back to Planning and Zoning with an alternative. Such as a rezone, or the creation of a new section of the zoning code for RV parks. Or some other alternative. Gary Foster: I think that's probably the biggest issue. We didn't think there was a law against having and RV park in a residential area. And that's, that's my main question is that against the law to have an RV park in a recreational ... residential area? Or is it not. City Attorney Rogers: Number one that's not the issue in front of the Council now.... Gary Foster: Well, but its our main issue, it's where we are. City Attorney Rogers: I understand. I would research it. I can't afford to sit up here and say yes or no without having something in back of me, and that means the research that I've done and I haven't got a memorandum on that. I can't afford to shoot from the hip and be wrong. I'm supposed to be right. Mayor Williame: Let me bring the Council's attention ... one mor - -- - -- -- tiime so -that- we can clear the matter-- and- either continue -as a-_ Board of Adjustment or not. First of all, we're dealing only wit the appeal to the denial that was issued by the Planning and Zoning Commission. That's the only thing that we can deal with i44 l r, e I KENAI CITY COUNCIL - BOARD OF ADJUSTMENT - - ---,- -- - - -- SEPTEMBER 7, 1988 - i; PAGE 8 u, (7 right now. We can decide to over ride the Planning and Zoning Commission and permit the conditional use permit. In which case there obviously would be major legal questions that could bring us ". - -=° to the courts, or we can deny, as the ... Planning and Zoning Commission did, the issuance of the conditional use permit ... 4 with the understanding that we could change the zoning which would allow for RV parks which could very well bring us to legal ' problems and the court from the other side. So you have a six of one and a half a dozen of the other. It's a catch 22 situation. ` But the only thing we can deal with right now is the appeal of the --'- " denial by the Planning and Zoning Commission of the conditional use permit. z -- --- J- --' Now. We -can take all the testimony we -need; and buy the code, we --- -� -- —=-- then have thirty days to render that decision, in which case I will have to call a special meeting to consider all the material . once its been presented to us. I City Manager Brighton: Mr. Chairman without further clouding the issue, Planning and Zoning did not deny a special use permit, they denied the amendment of an existing special use permit. The amendment is what has been denied. �.-'.. (several voices here too soft to be distinguished) Councilwoman Monfor: John. _. Mayor Williams: Councilwoman Monfor. Councilwoman Monfor: Can we go back to Bill's last statement. They granted the permit, the special use permit? City Manager Brighton: Years ago. Councilwoman Monfor: Oh that one. Ok, I thought we were .... So ` this is, I understand. The amendment to the gravel. Mayor Williams: Once again, before the Planning and Zoning Commission, the motion was moved that the Planning and Zoning Commission recommend the approval of the amendment to the original conditional use permit. My wording the original. The vote was five no one yes. So the motion to approve the amendment, the conditional use permit died at the Planning Commission and is now - - on appeal. Mayor Williams: Councilwoman ... Councilman McComsey: If, if this, does come back and the Council rezones and makes it ... land available within the City limits for RV parks, there will be no " conditional use permit.. Is that true? City-Attorney-Rogers:__Then.youu_would not, if ou had a_specific -�� zone for them you would not need a conditional use permit to have one in that zone. , i,: KENAI -CITY COUNCIL - HOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 9 Councilman McComsey: Would this conditional use permit, how good is it, how long are they? City Attorney Rogers: Well, in effect, you're talking of unlimited, in this situation, we talking of an infinite duration. Mayor Williams: It appears to me that the City cannot even entertain the idea of other RV parks within the City without amendments to the ordinances. Zoning ordinances. Zoning ordinances except in old Towne. Councilman McComsey: (voices are overlapping, first portion of statement inaudible) got started, I think it would be cleaner if we went ahead and got us zoning laws and took care of it that way. (voice to soft to distinguish last part of statement) City Attorney Rogers: Yes, but the problem exists that it is their right, of law, to appeal, they are insisting on an appeal. And I want to get the ground rules clear that it's a limited appeal. If they want to pursue it you have an obligation to sit as an appeal board tonight for that limited purpose. But you should alae limit the testimony that you hear to that specific issue, where it was denied below. And you are deemed to be, this, and as an Appeal Board then make part of the record those materials that have been provided to you, both memorandums, letters, as well as the transcript of the preceding below. So that there will be a clean record should either party wish to pursue the matter in court. I set out the proeedureb for sitting, in my memorandum in front of the packet there. You should have sworn testimony under oath, allow, both sides to, to make a presentation before, closing the proceedings, of which you don't make a decision now. We will make, have a transcript made of the proceedings, we will then administratively extrapolate findings of fact to support the consensus of the Appeals Board and then the decision will be in written form. it will be circulated and signed off on, and will be made within thirty days of today's date. Because that gives you an opportunity to review the transcript, reflect on it, review the other materials, and then make decision and support it with findings of fact. Mayor Williams: I might say for the benefit of the general public too that we have sixteen letters, spread almost evenly, for and against the project. This is the most, undoubtedly the most controversial project that I've come across since I've been here. So it's, it has been a well aired situation. If the City Council cares to continue, with the appeal process this evening we can continue. City Attorney Rogers: It's up to Mr. Foster. --� -- - - - -Gary -Foster: You know a couple of things- have come - to my mind- -- - - - like, the letters that we have in favor and the letters we have A - -i r- KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 10 against. it should be, there's got to be some credibility to those letters. On both sides, isn't that true? I mean the letters that are legitimate letters should be weighed accordingly. The ones that are not legitimate are the ones that are actually saying we don't want these people to have a business in this area but yet we have one ourselves. Those are not credible letters, those need to be ... Mayor Williams: Yea, that will all be part of the testimony that we take this evening. Gary Foster: Could we, would we ask each one of those persons if they have a business operating in their ... Mayor Williams: There can be any questions asked that you want to ask. The problem that we deal with here is law. Whether is lawful to do what we want to do. Gary Foster: Well we want to do this lawful. In fact we're asking you guys that are the leaders of the City, we're asking you to tell us how to do this lawfully. How do we, can we build an RV park in a residential area. We want to build a nice one. Mayor Williams: Ok, I think what we need to do, Council'e permission, I think it's apparent that the, Mr. Foster wants an appeals process to begin this evening. So if Council agree ^i that ... Gary Foster: Would it be out of order for us to maybe rece a couple minutes, for us to decide, because we didn't know, didn't know exactly what was going to happen here. Mayor Williams: Sure. We can recess for a couple minutes. right we'll stand in recess for five minutes. COUNCIL RECESSED. Mayor Williams: Mr. Foster. Gary Foster: I think we've decided we'd like to go ahead appeal. Mayor Williams: All right, let the record show then that b Foster has requested that the Kenai City Council set as a i Adjustment. With that then the Chair will entertain a mots adjourn the City Council to a meeting of the Board of Adjw Comncilman llc0amsey: So move. Mayor Williams: Second to the motion? (-\ Councilwoman Monfons Second. L r i I f� ............ .ti ,1:; 4 1 1! '1 (l . KENAI-CITY COUNCIL - BOARD -OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 11 Mayor Williams: It has been moved and seconded. All in favor, is there any objection to unanimous consent? Seeing none .. Mayor Williams: We will thhn adjourn the City Council to set as a Board of Adjustment and the City Council will come back to order after the Board of Adjustment is taken care of. Mayor Williams: I will now call the City Council to order as a Board of Adjustment. In the matter of Mr. Gary Foster in his regdest on the appeal to the denial of the amendment to the conditional use permit as issued by Planning and Zoning. Keeping in mind that all the witnesses that testified tonight should be administered an oath and the oath will be that do you solemnly swear, I'll administer it first to Mr. Foster. Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Gary Foster: I do. Mayor Williams: You are so sworn. All right you may continue. Gary Foster: We, we just want to appeal the decision of the Planning and Zoning to allow us to have our conditional use permit revised to include an RV park rather than a subdivision. We want it to read the mining of gravel and the ultimate reconstruction and the building of a lake and RV park. Mayor Williams: Questions of the Board. Seeing no questions, is there any witnesses that you want to call before. Anyone that you want to come up to .... Gary Foster: Jack do you want to come up? Jack Foster: My name is Jack Foster. Mayor Williams: All right, I'll have to swear you in. Mr. Foster Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. Jack Foster: Yes. Ok, I'd like to add to the decision making process here, that I feel like this will, go right along hand in hand with the area. Ok. This particular camper park, Gary and I and Steve are proposing 'here is going to be asphalt and grass. Ito not your typical gravel camper park. The lake right here, we've already - contacted - Fish: and Game and "the -lake is going to be - stocked with 'rainbows. And, and as everybody has their own little - - - dream,-1 dream-:---We-have- senior -citizens -in-this- area. '-Its-- - -- becoming more And more evident all the time. And they can sit down here, free of charge and fish rainbows. Fish and Game says J KENAI CITY COUNCIL BOARD OF ADJUSTMENT SEPTENBER 7, 1988 PAGE 12 if we buy these fish we can have a private fishing hole and let who we want in there and fish, I think, when you can lay back on the bank, sit and fish like that, its pretty mellow. You know its like back in Arkansas. You know, or something like that. Pretty laid back. I don't think we're going to get the clientele the , opposition thinks we're going to get in here. They see something like some of these other RV parks, I won't name 'am. And I've been in some of 'em too and they're wild and they're crazy. There's people launching boats, there's people rennin' around in three-wheelers and dogs barking and kids screaming, but we don't expect anything like this, what we expect is people like what was sitting in city of Kenai last week. There wasn't very many children in that group of campers parked right in the middle of town. Them are the type of people we want in this camper park. t,. And we're going to set the pace. This camper park's no different than a subdivision. Ok. A subdivision, if you want, a, a fairly ritzy or high class whatever you want to call it subdivision, you set them lots in at $50,000 or $60,000 a piece and you're not going to get somebody in there setting up a little shed or a - trailer house, you're going to have a professional type individual that's got some bucks going to go in there and build a nice 5,000 or 4,000 square foot house. This is what we're after here. We're - after, we're going to set the pace and I don't think we're going to have people walking all around these different lots. I can't see it. " We have deleted totally deleted what we proposed a couple years ago and, and program. That would commercialize this thing to where there would be a lot of people coming and going. We've deleted that off of it. And, and you know, that's not to say that these people who can set up a guide service and have a guide come up and pick up some of these campers down here on this dock. They could do that you know, if, if things work out. I think it could be compatible. With all the guides on that river, its a commercial area all ready, I guess you all well know. With all the guides in that river, I believe that they can come up there to our dock and pick up these people, these, these retired people up from Arizona or where ever they come from. I just feel like this subdivision is compatible to the area because its going to be kind of a laid back type of RV park. Mayor Williams: Is there any questions of Mr. Foster. Thanks Mr. Foster. Is there anyone else who wishes to add any testimony to this hearing. Please come forward and state your new for the record. And be sworn. My-name_is. Gene -Burden -P.O. Box 3615 Kenai. - - Mayor Williams: Do you solemnly swear that the testimony that you are about to-give3n the case now -before -this board to be -the - truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. " r t- L sr - n. : 1 ! , -.- -- - <. " O-Of" f t14 . T� r KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTENBER 7, 1988 PAGE 13 Gene Burden: I do. I'd like to speak on behalf of some of the residents that are not in favor of this. This project. The city code as relates to the issue on this appeal appears pretty clear. Section 14.20.158 indicates that the Planning and Zoning Commission shall approve the application for amendment if the original application would have been approved had it contained the provision on the application for amendment. The Planning and Zoning Commission did not approve this, this project. I think for sane real good reasons. I think that Foster raised some of those issues in his statement just a minute ago. 4 First of all, the implications of the City in regards to support of this project I think are, really go much further than, just the Beaver Creek area. I too, bought property in that area and I guess you could say its just the local residents complaining about it. But I think the implications maybe touched on by Mayor Williams in that I bought my property there, in 1986, I, I did check and I found that that wag rural residential and that rural residential all the way over to Anglers. I bought it with that idea in mind. I too, want, to have a place that I can kick my feet back and relax. I am opposed to a 100 unit RV park in the area because I, I think that, there's unquestionably changes the character of that residential area. The, the prospect of the dock being, or boat launch being eliminated, I'm certainly in favor of that, but if, if you notice, the plans are to continue to have, guides come in, pick up residents there, that's very all, all hours of the day, Soldotna's had numerous problems have been publicized regarding that lately. But getting back to the major point and the major point is, if the City, supports this project, with the current set of municipal code that you've got, your going to set a clear precedent that's going to make it very difficult for the City to reject a, a, a proposal to put in a 100 seat restaurant overlooking Beaver Creek. You're going to make it very difficult for the City to reject a proposal to put in another non -conforming use in other rural residential, and I'd submit even urban residential areas. Because this'd really open the door to it. The City has been advised by the zoning, the zoning, the Economic Development Commission, previously of some of the prerequisites for an RV park and advised the Council that there were other locations that were much more favorable. That's not near services for RV, RV uses. And I guess that's another concern that many of us have is that, that, once the facility is in, how long is it before the service businesses that, that handle, the needs of those RV users start - coming- in for permits. -You.-know, -under -the ._existing,- -regulations .. ! that we've got and I'm not going to read the, the intent of rural residential its -,real clear. -_And actions that interfere with environment of that rural residential by increasing traffic or materially altering the uses in that area, were to be prohibited. And that was the intent when the zoning regulations were passed - KENAI CITY -COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 14 and that's what many of us relied on when, when we bought the property out there. You know, there, there are other issues other, other than, the fact that some of the residents out there are not happy about this. I think that, their environmental impact issues that haven't even been touched on yet. I think the application at this point is very sketchy at this point as far as environmental impacts, to the area. You know and on behalf of my family and myself I, 1 think a few other folks out there in that area really urge the Council to reject this. If you need to clarify zoning regulations or if you suggest take a look at the whole RV picture as far as zoning is concerned. I'd, I'd certainly support that, and one thing I want to make sure I, I actively supported development for Kenai Peninsula and this isn't pro versus anti development issue. This is really, a, a question of whether the ordinance that was passed I guess in 1984, whether that's going to be upheld. And, are you going to be opening the door to future variances that are going to be very difficult to, to avoid in view of a precedent like this if this goes through. I don't think you will be and I, I, I just hope that you deny this and, then take a more reasonable approach and that is to, to evaluate the whole iisue of zoning regulations as it relates to RV parks, and, and the use of the city within the City of Kenai. Thank you. Mayor Williams: Thank you Mr. Burden. Yes you may. Jack Foster: I'd like to ask you a question. Gene Burdens Yes. Jack Foster: Do you live on Angler Drive? Gene Burden: No I don't I live on Dolchok. Jack Foster: have you looked at a set of specifications ai the rules that this camper park is going to have? Gene Burden: Yes I have. Jack Fosters And where did you find them? Gene Burdens From some of the residents there that obtain copies of them. Jack Foster: Have you looked the site over pretty close? Gene Burden: Inaudible Jack Foster: I'm glad you researched this so good. Mayor Williams: A question for Mr. Foster. 1 Gary Foster: How far away do you live from this? �� IV -KENAI CITY COUNCIL - BOARD OF -ADJUSTMENT 'r SEPTEMBER 7, 1988 :..-J PAGE 15 ^, • .' .� Gene Burden: Well, well, Dolchok, Dolchok runs para11e1 with Ames because the area that I live in, and its, its from the border, (turned away from the microphone and portion inaudible) probably a '-. couple hundred feet from the edge of, from the back of my property _�!: �•, Gary Foster: Are there any roads between the proposed RV park to your property or your subdivision? Gene Burden: The, I know that originally there was a road proposed, an exit onto Ames and I noticed on the provisions or plans that you've got here I don't see that. _. Gary Foster: There never was one. i( Gene Burden: There's, there was originally something that I'd - --- seen that indica.er? an exit to Ames but that's really, Mr. Foster that's not the issue to me, the issue is where you've got a clear set of rural residential area zoned, and, and you've got a clear <. .. ! definition of the intent for rural residential, where do you draw the line or, how, how do you go and use area within that for a L totally nonconforming use. That's that's my probably and, and - 1 from the City's standpoint I think ya'1l got the City's problem for the rest of the City. We have zoning regulations and if we have non compliance in the area I'm in favor of not only that area of but throughout the City having, having compliance with zoning "- regulations. Gary Foster: You know this is not a hazardous waste dump, this is just a four month out of the year, first class RV park, I don't see how that stands to affect the value of your proporty. In fact I have asked quite a few realtors in the area their opinion of it and found that to be not true. Gene Burden: We've we've seen the .... „ Mayor Williams raps the gavel for order. - Mayor Williams: Let the record show that this cross conversation ,. is going on between Mr. Gary Foster and Mr. Gene Burden. You need -- -------=-;:, to speak up so that the testimony can be put on the record. Gary Foster: That's all I have to say. Mayor Williams: All right is there any further testimony that isn't redundant to what has already been said that needs to come before us. Mr. Pelch would you please come forward and state your ``, ,' . "• :_:: _: - ... name for the record. --- - --- -- Mike Pel-chi I - -live -on--Beaver Loop, -I have property adjacent to-- ` '- the, the proposed park here..... hold for just a minute. Mayor Williams: Mr. Pelch would you Would you be sworn in first. Mr. Pelch Do you solemnly swear that r- KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTUIBER 7, 1988 PAGE 16 the testimony that you are about to give in the case now before 1 this board to be the truth, the whole truth and nothing but the truth so''help you God under pain and penalty of perjury. Mike Pelch: I do. Mayor Williams: Continue. :J Mike Pelch: First of all I'd like to comment I have a letter with a sketch of my property and I just wanted to be sure all you people have it and ... I have the, I own the property on both sides of the lake (Mr. Pelch turned away from the microphone), eighteen acres, all this and this eighteen acres in here. I've been waiting about thirty years for this gravel pit to be done with and leveled out. It, now that it is about to I was assuming that something would be put in there that would not interfere with the proposed real estate lots that I have in mind for my property. If this, park goes in as is proposed now, my land would be pretty much valueless as far as real estate home sites would be concerned. So therefore, as I've indicated in the letter, I would propose at the same time, and this is made into an RV park I would also make these two lots of mine into gravel pits. Its the only solution that I have in making use of that land of mine. If this would go into real estate and homes, then I would propose I'd leave my two eighteen acre parcels as real estate acreage. Now Fosters did say they were going to lot me see a sketch of their drawing and the first thing I noticed on here is, their main office and showers and bath and everything is going to be right next to where some of my best property adjacent to that is (turning away from microphone) right here, these pieces right here are the, that is next to their land (inaudible) my best lots. So there, that would be automatically out as far as I'm concerned. So as the situation stays, sets right now I'm opposed to this. RV park. Mayor Williams: Thank you. Question from Mr. Foster. Gary Fosters What value would your property have at this time over looking the gravel pit. We, we want to improve .... Mike Pelch: Not much. Gary Fosters We probably have, we have as much to lose as anyone down there. WE have a lot of money invested here also. We want to improve on that not, not Mike Pelchs Ok, for the last thirty years you guys have been getting your money out of that gravel pit. '�� Gary Foster: No we just bought it a few years ago. KENAI CITY COUNCIL - BOARD OF ADJUSTMENT - - ---- - SEPTEMBER 7, 1988 PAGE 17 4L- l4 Mike Pelch: All right, well you're still getting money out of it. Gary Foster: Would that, were you there before the gravel pit ... Mike Pelch: Yes, yes. Gary Foster: ....or was it there before you were. Mike Pelch: I've been there thirty years. Any how, I've been waiting to sell some lots on these, these pieces of property of mine and its just about impossible over looking that gravel pit. I'd like to see you fix it up good. But if it's going to go into an RV park I mights well forget about trying to sell home lots on that. Over looking your ... RV park. Because they would over _ look it see. Gary Foster: You mean over looking a lake, you don't think that would be desirable? Mike Pelch: Oh yes, but not as an RV park. Nobody's going to build a home over looking an RV park. I don't think so. Mayor Williams: Thank you Mr. Pelch. One more question Mr. Pelch. There's one more question for you and then we'll ... Jack Foster: Mike is it your opinion of the value of those pieces or is that a professional opinion. Mike Pelch: A little of both. I talked to a couple of realtors about it and, and this is the way I feel about it too. I've been around the area long enough to understand the business of an RV park. Jack Foster: I would like to point out something on this picture here? Mayor Williams: Yes, please do so. Let the record show that Mr. Jack Foster in conversation. Jack Foster: This particular piece of property that Mike's talking about, we've just built up a iarge area here with dirt and, and by the time he puts a road in this piece of property, I'm pretty well sure, I believe that there won't be any room for building lots before you get to a swamp, right just a few feet back, probably less than a hundred feet back from here and there will be a, at least a thirty foot easement or whatever for a road the Borough'd require then there are no building lots because this is a low area before you get back to high ground, so I'd just like - -- - the record -to .know.-that-I_fool--that. there_ are not any_good_ building sites in that particular area. Not saying that it ___--- -_ co_uldn'-t- eventually_ be built-up, that's possible. And one other comment would be that this, this main gate, or this gate right here is for first phase only. At the time that our t - - - -- - —<< KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 18 second phase of this project is completed, then the only access be off Beaver Loop Road where, where '•i' into this park is going to its got a nice approach paved all ready, and there are no 1 neighbors living in this close vicinity here. So that is going to be, this one is going to be deleted. llMayor Williams: Thank you. Mike Pelch: May I comment? - Mayor Williams: Yes. Mike Pelch: Yea, its true what he says, there is a swamp back to build a street right through here. It here but 1-don't propose can be filled, I've got lots of gravel to do it. Now there's no homes in here that's true. That's exactly what I'm referring to. here right now with this gravel pit here. I can't sell the lots And this is where I propose my best property is right along here. Over looking the gravel pit or over looking the trailer park. It's a losing situation for me. Mayor Williams: Thank you Mr. Pelch. Is there further testimony to. that isn't redundant to that already spoken •..' Voices in the audience are inaudible. Mayor Williams: Please come forward, you have to come forward and be sworn in and state your name for the record. My name is Kathleen Hamby: Me Hamby Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the ,.. truth so help you God under pain and penalty of perjury. Kathleen Hamby: I do. I'm a local realtor here in town and I'd Pelch that if I had the option of trying to ' R just like to tell Mr. sell nice residential property a beautiful lake with landscaped ' lawns or trying to sell a piece of residential property over looking a gravel pit, a working gravel pit, in my professional opinion I would have a much better chance of selling that property if it were over looking a nice landscaped lake. If this does get landscaped and -doesn't get turned into an RV park the Fosters are lake and grass around there f. not going to landscape this, put a can become valuable and do .nothing else with ' just so your property it. That wouldn't even be sensible. If this doesn't happen it's going to remain an open working gravel pit which will totally eliminate you're being able to sell any of this. That's all I have to say. r: I t L Mike Pelch: May I answer. Major Williams: Yes please -do. r..... r KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 19 Mike Pelch: I agree with what she's saying, we're not talking about the possibility, this this is a gravel pit. And it always has been and this is my problem. I can't use the gravel pit to sell the property. If it's into a trailer park, same problem exists. if it turns into private homes, which is what t was told originally that this was the intention, that would be fine. Residential lots, but I don't want to set a home here, over looking a trailer park. Kathleen Hamby: You know the way the economy has gone now you... Mayor Williams is banging the gavel, the rest of the mixed conversation with Mr. Pelch and Kathleen Hamby is inaudible. Mayor Williams: All right, thank you No. Hamby we have someone else here, yes. My name is David McKechnie and I live at 945 Ames Street. Mayor Williams: Mr. McKechnie Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth so help you God under pain and penalty of perjury. David McKechnie: I do. i Mayor Williams: Please continue. David McKechnie: Well first off I'd like to point out that under the original conditional use permit, they have to level the gravel pit and reseed it anyways. Also under the original conditional use permit, when they first came to the residents, they requested an RV park. And we said no. We came to an agreement with Mr. Foster and Foster Construction, that they would put in a residential area. Not an RV park. Under that condition, we acceded to their right to go ahead and try and mine the gravel pit for whatever gravel is left. I think you'll notice under your own ordinance, you cannot amend, a conditional use permit, that would have been denied, if it had come before the Council at that time. And it was denied at that time. And just so the Council knows where I live, and that I do have a, real vested interest. I live right there. Foster own this piece of property and, although they haven't told you this they're already guiding or they have guides going out of there now at this time. so I'm sure their future development here will increase traffic along my property, where my house site, right here. And _maybe_ycu'd like to live next door to an RV park but I don't. And I don't care what they say, as fer as -what -kind of deve opme - they're going to do because at this time so far they've still l_- - --- haven't met all the conditions -of their -original-conditional--use - ' permit. Which was to provide barriers along all property lines. They haven't, there's none across mine. To reseed, they haven't, L KENAI CITY COUNCIL - BOARD OF ADJUSTMENT SEPTEMBER 7, 1988 t PAGE 20 r , there's none across mine. So I question whether or not, the plans that we see here are really the proposed plans that will be there in the future. Mayor Williams: Thank you Mr. ... Gary Foster: May I ask him a question please. i. Mayor Williams: Be sure to state your name. Gary Foster: Gary Foster. You know when we bought that gravel 4 pit, that that barrier and the gravel pit and your place was not ti there. We cannot put that back. You know, you failed to state that fact. - David McKechnie: Ok I'll, I'll state that's a fine fact to state. But your conditional use permit, clarifies that you will put a barrier in there and you will reseed. Gary Foster: We will plant trees, that was already done. David McKechnie: That's that was your problem when you acceded to the conditional use permit. And that is in the minutes. And you agreed to that and not only did you agree to that but you agreed to slope it 5 to 1, which was also in the minutes. Which also Gavel is banging. David McKechnie: ... which sounds real good 'cause it wag greater than the 2 to 1. Mayor Williams: We continued the hearing based on the conditions of the pit and surrounding property values and one thing and another that may be somewhat relevant but, I think it's time to move on to a higher ground and, and ... Gary Foster: Can I ask one more question, I don't know if this is relevant. Mayor Williams: Yes Gary Foster: Do you live there now? I David McKechnie: Yes % Gary Foster: Did you move back? David McKechnie: Yes lift E 1; ,4 A Gary Foster: Oh you are, when did you move in, yesterday? David McKechnie: Saturday. As a matter of fact. Laughter and clapping. -.- L KENAI CITY COUNCIL - BOARD OF ADJUSTMENT - -- - — -- -- SEPTEMBER 7, 1988 °+ PAGE 21 ' David McKechnie: I'd also like to point out that I've lived there for about fourteen years. Mayor Williams: Out of order. David McKechnie: And I don't think that makes any difference whether I live there or not. f. Mayor Williams: Thank you Mr. McKechnie. All right is there any further testimony that is relevant and not redundant. Mr. Cone please come forward. My name is Chester Cone. Mayor Williams: Mr. Cone, Do you solemnly swear that the testimony that you are about to give in the case now before this board to be the truth, the whole truth and nothing but the truth `I so help you God under pain and penalty of perjury. Chester Cone: Yes. Mayor Williams: All right please continue. Chester Cone: There's just a couple points that I would like to n make to the Council. First of all is the need, of this RV park. We all know that, there are dozens of parks in Soldotna. And they're full to capacity. And at the present time we don't have T the facilities to take care of them. But those people in those RV parks in Soldotna, they hire Alaskan guides to bring 'em down the river. And they come in front of our property and by the time that they've gotten to our property along the river, not only mine but all the river property, they're ready to go to the bathroom. ' And they use all our property for a bathroom. So, we are the bathroom for the RV parks in Soldotna. And this shouldn't be. If these people developed an RV park, first of all I sold the land to them, and say these opponents say well he has an axe to grind. i do. And every one of them have an axe to grind. The same protesters when I had the land protested for the last fifteen years so its nothin' new. But any say, about the RV park. What Fosters do they do it right. And when they put that RV park there'1 be toilets, and the people, --- - -- there'1 be all the facilities that they need, to hook up, and the people will be paying for it. They won't be parked all over the streets in Kenai like they are now there's no place for 'em to go ;�. and the few that do find their way over here now, they use the streets and the gravel pits and everything else. For their facilities and no body gets anything out of it. So we desperately ,F3 . need it and my second point was, that whatever these people tell you they'll- do they'll -do -it -right . I would -invite any and -all -of - '_ you, to go down and see what they've done up to now, and you'll -,- - - -- - - ----see whether they, they keep -their ward- on - it. - Thank --you, - •�; 5 CJ) �KENAI-CITY COUNCIL - BOARD OF ADJUSTMENT BEPTEMBER 7, 1988 PAGE 22 Mayor Williams: Thank you Mr. Cone. I think we'll limit the testimony now and bring it back to Council. Council question before us again, is whether to allow an appeal, the denial to the amendment to the conditional use permit as issued by Planning and Zoning. Is there any further questions from Council before we call for the vote, the Chair will entertain those questions. Seeing none then, the question before us ... (inaudible, unidentified voice and change of tape) Mayor Williams: .... Before us then will be, shall an amendment be allowed to Foster brothers conditional use permit, to allow, for the construction of an RV park. Is the Council ready to vote. Councilwoman Monfor: Mr. Mayor. Mayor Williams: yes Councilwoman Monfor: I was under the understanding that we did not have to vote on this tonight, you need to poll us to see how we feel. Mayor Williams: Don't we have a thirty day period? City Attorney Rogers: That's correct. At this point, that will be the motion, to be decided. But the Council needs time to study the rest of the record, make their consensus known, to the administration, who will then, before they make their decision, will compare the findings of fact. And then they can announce the decision, that decision must be, it conceivably could be tonight, I do not think it should be made today. I think Council should have an opportunity to reflect on it, direct the administration to draft, appropriate findings of fact to support what the decision of the Council is going to be. And then disseminate their decision in writing. Within that thirty day period. b ht b ,j Mayor Williams: All right. Under the question roug Y Councilwoman Monfor, according to our code, 14.20.290 that directs the appeals Board of Adjustment, the Council take this matter do have to make a final decision '. under consideration now, they not at this point, the question before us will be as read, paragraph b 2 of the code, 14.20.290, says that within thirty days after Adjustment shall render a decision on the - - :..". f hearing the Board of appeal and exercising the above mentioned powers, the Board of ;.; Adjustment may reverse, the Board of Adjustment may reverse or or may modify the order requirement ' .. . - -¢J' affirm, wholly or partly decision or requirement. So, do you care to make the vote now or =' do you want to meet in special meeting. To discuss the ... .Mayor Williams: Councilwoman -Mon or.- --- :. - -- -- t� Councilwoman Monfor-: - Mr. Mayor{-IJtnoww_that--evey-r everybody would e - - - --- - - - - I have one question that I really - - —=- -: - to have, a decision tonight, need to have resolved by the attorney, and I think it makes all �t KENAI CITY COUNCIL HOARD OF ADJUSTMENT SEPTEMBER 7, 1988 PAGE 23 Ir the difference in the world and until that can be resolved and he can research it 1, I would not feel comfortable ... and I probably would vote no too. t f City Attorney Rogers: I will be in contact with the individual Council members to get their feelings because I will be the one I -' A assume that you will want to prepare the findings of fact. And ;... depending upon what your feelings are, I will prepare findings of _ fact to support that. I would ask that the diagram that's been -' referred to to be marked as exhibit A in these proceedings so it is part of the record, with permission of Fosters. Is there any objection to that? Ok thank you. Mayor Williams:- Any other questions of Council? All right, then ,.__. _ ... is it the desire of Council to put off the decision on this matter •. '.., until after the administration has reviewed it. Councilman ...' ,' ... _ McComsey. Councilman McComsey: If, after reviewing all this and we come to ' a decision to deny this, that means that no commercial entities - - -'- will be allowed in that area at all is that right? City Attorney Rogers: That's not necessarily correct. It's a possibility. Mayor Williams: All right. There being no further testimony and by the Board of Adjustment, there being no further considerations the Chair will entertain a motion to adjourn the Hoard of Adjustment until such time as, the administration prepares their findings of fact and the Board of Adjustment is called back to, by the Chair. Councilman McComsey: Move to adjourn. . Councilwoman Monfor: Second. Mayor Williams: Any objection to unanimous consent? So ordered. ,!............. _.. . _ :; Janet A. Loper �,. i • s k 1 — 44