Loading...
HomeMy WebLinkAbout1985-04-17 Council Minutesf f w AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17, 1985 - 7sOO PM 600 PM - Work Session PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and j 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. PERSONS PRESENT SCHEDULED TO BE HEARD y i (Time Limit - 10 minuteb per person) 1. Steve Turlis - Fred Mayer , 1 C. PUBLIC HEARINGS ;" I 1. Ord. 1030-85 - Disposition of Tracts A, 89 C, Oena'Ins Pt. S/D, Under Certain Conditions 2. Ord. 1031-85 - Increasing Rev/Appns-Library Donations- $3,000 3. Ord. 1032-85 - Amending Kenai Municipal Code - Appointment Dates, Harbor Commission & Library Commission 4. Ord. 1033-85 - Amending Kenai Municipal Code - Variance Permit Definition and Requirements of Zoning Code 5. Ord. 1034-85 - Amending Kenai Municipal Code - Development Requirements - IL 6 IH Zones i 6. Res. 85-36 - Transfer of Funds - Senior Citizens, Borough Grant - $49850 7. Res. 85-37 - Transfer of Funds - Overtime, Sewer Dept, S. Res. 85-38 - Street Name Changes 9. Res. 85-39 - Marathon Rd. Easement 10. Delete 11. Res. 85-40 - Marathon Rd. Easement 12. Application for New Liquor License - • One Stop 13. Application for New Liquor License - Nikki' s i D. MINUTES 1. *Regular Meeting, April 3, 1985 �I r ' E. CORRESPONDENCE I. *Steve Turlis, Tacoma, WA - Fred Meyer 2. John 8ugli, Cooper Landiny - Car Towed from Airport F. OLD BUSINESS 1. Lease Application - E. Petty, CIIAP G. NEW BUSINESS I. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ord. 1035-85 - Increasing Rev/Appns - Landscape Master Plan - $9,080 a. Public Hearing 4. *Ord. 1036-05 - Rezoning, Cinderella, Princess, McCollum to RR-1 5. Assignment of Leases - Grizzley Air to Kenai Aviation Services - GAA 6. Lease Application - Kline - FBO 7. Discussion - City Involvement - Water, Sewer, Road to School off Swires Rd. S. Discussion - Boating Facilities - Kenai Dock 9. Discussion - Golf Course - RFP 10. Approval - Airport Ramp & Willow St. Ext. - Construction Administration & Survey 11. Discussion - Petition to Borough Assy. - Areawide Power, Grant Funding - Senior Citizens 12. Discussion - Extend S. Ames Rd. 13 *Games of Chance & Skill - Democrats, House Dist. 05 14. *Ord. 1037-85 - Landscaping Regulations H. REPORTS I. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT KENAI CITY COUNCIL, REGULAR MEETING, MINUTES APRIL 17, 1985, 7s00 PM KENAI CITY ADMINISTRATION BUILDING VICE MAYOR MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Bailie, Hall, Measles, Monfor, Wise Absents Ackerly, Wagoner (both excused) A-1 Agenda Approval a. Vice Mayor Measles asked that Dave Brown, speaking on Section 36, be added as item 8-2, Persons Present Scheduled to he Heard. b. Vice Mayor Measles noted item C-11, Res. 65-40 should read, Awarding Contract - Airport Main Ext. Willow St. Ext. - $1,649,884 c. Vice Mayor Measles asked that items C-12 and C-13, liquor licenses, be placed on Consent Agenda, there are no problems with either of them. d. Vice Mayor Measles asked that item G-9, RFP for Golf Course be deleted and scheduled for a work session. Council approved the agenda so amended. A-2 Consent Agenda MOTION% Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the Consent Agenda, with the deletion of item G-14 Ord. 1037-85. Motion passed by unanimous consent. 9. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Steve Turlis - Fred Meyer Steve Turlis, Real Estate Resources Inc., Box 1376, Tacoma, WA. He was here to answer questions from the public " regarding the application to lease City owned lands in the airport vicinity. It is the intention of Fred Meyer to lease 2 parcels. They have proposed to initiate `y improvements over 3 tc 4 phases. This will be the City's — - first one -stop shopping center, it will be 120v000 sq. ft. It will be patterned after the Juneau store that opened last _ July. It will have a grocogy store. They are now a private ' company, they were public in 1979, but went back to private. They would rank 14th or 15th among the Nation's large retailers. They prefer to awn their shopping centers, they have 90 in 7 statea, they own 75% of the centers. They are not in the land speculation busincos, they will be able to ° build without mortgage money. They build 3 new ones per year with cash flow and cash reserves. Construction would start next year and it would open in 1987. They have statistical reports for 3 years in the Peninsula. Kenai has better merchandise and availability than Juneau, they still feel there is leakage in sales. People drive to Anchorage or go to Seattle because of lack of selection. i` They estimate the first year, conservatively speaking, y $30 Million to $35 Million. It would take a year to construct. The subcontractors have to be from the local area. Capital investment excluding land will be $8-1/2 Million in the building. Construction will contribute to the local economy. There will be 130 full time employees, 40-50 seasonal. The only management team - brought in would be 3 people. They wiJI go beyond minimum requirement to make it desirable. He asked the public not to compare this with Anchorage, that was an acquired r Volu-Mart. The 2nd store in Anchorage will be good. This f f_ .j KENAI CITY COUNCIL APRIL 17, 1985 Page 2 "ill be like the Juneau store, but none are exactly alike. They will be open 9sOO AM to 1OsO0 PM, 7 days a week. Vice Mayor Measles said the lease application will have to go to P&Z. Mr. Turlis added, there will an area for local retailers. 8-2 Dave Brown - Section 36 Mr. Brown asked Council to consider real estate commission on sale of Section 36. It will benefit the City if a realtor is involved, it will be quicker. The City will realize taxes available quicker. 5% is not high, the appraisal is over -appraised. Mr. Warfle has said the price per acre increases as the number of acres decreases. Since the City is selling all as one, the City is receiving over appraisal value. Atty. Rogers said Council cannot do it. If they re -bid there will not be a preference, they cannot do it under the existing document. Council would be making a serious error to ask for additional moneys after the fact, not from the sale, but from City coffers. Mr. Brown explained, the reason he brought it up was because it was not mentioned in the October sales document regarding commission. That was his uriginal offer. It was not mentioned in the newspaper ad that there would not be a real estate commission. The City will only benefit from development of this subdivision. Without development the City would receive 1.9 mills, development would increase it 5 or 6 times. The City would be spending money they would get back. He is not asking for himself or he would have asked after the bid was open. The builder would not take into consideration whether there was a commission or not. Co PUBLIC HEARINGS C-1 Ord. 1030-85 - Disposition of Tracts A,B,C, Dena'Ina Pt. S/D, Under Certain Conditions MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Monfor, to amend the ordinance, first WHEREAS, line 3, change the date to April 25, 1985. 4th WHEREAS, line 2, change the date to April 25, 1985. Section 2, line 4, change the date to April 25, 1985. Vice Mayor Measles noted the effective date will be corrected to May 17, 1985. ' VOTE, Amendments Motion passed by unanimous consent. There was no public comment. Councilman Wise said this is a situation where ill I b►6V00 �. are lumped together. The original intent rae to sell all 3 Et. separate. The way to do this was to take away preference rights. City Manager Brighton sail these parcels are going out for bid as a single parcel. Councilman Wise said in the event no sale is consumated, they will be offered individually. Atty. Rogers said this does not ensure they fU will be disposed of that way. Vice Mayor Measles said this ordinance will eliminate preferential treatment for these tracts but it does not prevent Council from putting up for sale as 3 at a later date. Councilman Wise said it was b � KFNAI CITY COUNCIL APRIL 17, 1905 Page 3 the intent of Council to develop by small development. In the event these do not sell, we have the ability to sell individually. Vice Mayor Measles said we have the ability now. The reason we split this into 4 parcels was in hopes we could sell to small developers. If this does not sell, we may need the preference rights more than ever. Councilman Wise said this gives us an option. VOTE (Failed)s Yess Hall, Monfort Wise Not Bailie, Measles There must be 4 affirmative votes for an ordinance to pass on second reading. C-2 Ord. 1031-85 - Increasing Rev/Appns - Library Donations - $3,000 MOTIONS Councilwoman Bailie moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1032-85 - Amending KMC - Appointment Oates, Harbor Commission 6 Library Commission MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Ord. 1033-85 - Amending KMC - Varian.-e Permit Definition h Requirements of Zoning Code MOTIONS Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ord. 1034-85 - Amending KMC - Development Requirements - IL 6 IH Zones MOTIONS Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Res. 85-36 - Transfer of Funds - Senior Citizens, Borough Grant - $4,850 MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. 0 i KENAI CITY COUNCIL APRIL 17, 1985 Page 4 Motion passed by unanimous consent. C-7 Reg. 85-37 - Transfer of Funds - Overtime, Sewer Dept. MOTIONs Councilwoman Monfor moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Res. 85-39 - Street Name Changes MOTIONS Councilwoman Monfor moved, seconded by Councilman Hall, to adopt the resolution. PUBLIC COMMENTS a. Dick Mueller requested a description of the streets involved. Vice Mayor Measles reviewed the area - Bridge Access Rd. Motion passed by ssnanimouo eonoent. C-9 Res. 85-39 - Marathon Rd. Easement NOTIONs Councilwoman Bailie moved, seconded by Councilwoman Monfor, to adopt the resolution. PUBLIC COMMENTS a. Architect Carmen Gintoli. He is architect for HEA for the new facility. The reason for the easement io to allow loading in back, parking in the front. Councilman Wise asked, what does this do to the Marathon agreement to maintain the road? There are no City funds expended on Marathon Rd. City Manager Brighton replied, Marathon must still maintain the road, it will not alter it. VOTE (Passed)s Yess Bailie, Hall, Measles, Monfor Nos Wise C-11 Res. 85-40 - Award Contract - Airport Main Apron Ext., Willow St. Ext. - f1,6499884 MOTIONS Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS Be Bob Englehoart, Peninsula Fence. He io a subcontractor. fie asked the City to r.efuue to award tho bid on the groundu they had a rson-qualified bid. They wore not liuted on the plan holderos liot. It atetee in the bid document that it in the biddur'a roaponoibility to be aware of all upecs. Au a i t ' e - i KENAI CITY COUNCIL APRIL 17, 1985 Page 5 subcontractor, the only way he can bid these jobs is to call all contractors to see if they will bid. If they are, he will bid for subcontractor. If they are not on the list, he does not have a chance to bid. It says he should have a set of plans. If this is not necessary, he asked that the bid specs be changed. The, Borough does this, it is standard operating procedure. A bid will sometimes be rejected for small reasons. This should have been thrown out. b. Will Jahrig, Johrig Electric,. He puts in a lot of time on bids. For local bids, he puts in even more time. He is a small coi:,;any and cannot compete with larger contractors if he does not have a description. This company was not on the bidder's list. fie asked Council to reject the bid. c. lion Davis, Harley's Trucking, Soldotna. He was low bidder on all bids as subcontractor on the asphalt, which is 40% to 50% of the job, fie asked if this requirement (listing on plan holders' list) could be changed in the future so small contractors could have a chance at the job, Councilwoman Bailie asked if Public Works Director Kornelis was familiar with the bidder. Mr. Kornelis replied he has not done any work with them. He explained, they keep a plan holders' list and send out plena all over the State and Washington State. A contractor can come in and review the plans and not purchase them. The parent company, Rogers Aabler, got 2 sets of plans, one for Tacoma and one for Anchorage. Red Sam is of the companies. Rogers b Babler decided to bid under Kodiak Construction because they had an asphalt plant in Kodiak they wanted to move to thin area. When they submitted, they submitted the whole plan, so the City knew it was from Rogers & Babler. Administration called them and they said they were the same and asked the City to direct subcontractors to them, which he did. The City uses Anchorage speca, with some changes. The specs state the laws of the State must be followed even if they are not listed. The City still has the right to determine the lowest responsible bidder. Kodiak in in the pavinq business but will bid some work out. The City was concerned because they were so much lower. tied Sam fine dono considerable work in Alaska. d. Cliff Dent, Peninsula fence. Rogers do Babler own Red Sam and Kodiak Contractors. He called Red Sam and they said they were not bidding. They should have told him one of their other companies was bidding. The City sends addendum on projects. If the company does not have the plans, they do not get the addendums. He has no proof that Kodiak received the a4dendume. They should say if they are accepting under a company they own. He had a bid thrown out in Palmer because he woo not on the plan holders' list. Public Works Director Kornelis said Kodiak Contrr,►:tore received all 3 addandums. ter. Dent said the City sends plans to plan centers, the bidders can look at them. If they wanted to bid, why didn't they spend $30 for plans? This could qet rid of all the small bidders. e. Don Brown, Brown Construction. This is the first time this has happened in the 20 years he hoc been in business. This is collusion hotween the prime contractor and sub contractor. It is not a fair deal. Atty. Rogers said the Borough does many things different i than the City. Knowledge of the bidders is not a requirement. Those not on the bid list run the risk of t' being misinformed without additives. They risk forfeiture of bid bonds. From n local standpoint, he cannot fault Kodiak. Councilman Wise asked if the Corps. of Engineers �Gi���ii�iNYYlf��i���-s.�.i�����crrv�iat�ez�r�si�rr�trr.�.rsririti+rirtr�ert •-��-+� KENAI CITY COUNCIL APRIL 11, 1985 Page b permit was received, Mr. Kornelis replied yes. Councilwoman Bailie asked Administration to write a supplement that a plan holders list be in the bids. Mr. Kornelis noted there sire sometimes joint ventures, this would have to be addressed. Vice Mayor Measles asked that this be dscussed at the npxt work session. A, V 1 r7 u: v A ✓f J V4 I rr 0 V r- 1 Ll VJ 11 r J I I r .[A 1k 0 0 4- -v. , C-12 Application for New Liquor License - One Stop C-13 Application for New Liquor License - Nikki's Approved by Consent Agenda. D. MINUTES D-1 Regular Meeting, April 3, 1905 Approved by Consent Agenda. E. CORRESPONDENCE E-1 Steve Turlis, Tacoma, WA - Fred Meyer E-2 John Sugli, Cooper Lending - Car lowed from Airport Approved by Consent Agenda. F. OLD BUSINESS F-1 Lease Application - E, Petty, CIIAP City Manager BrIghtors recommsndad denial so it to not in the �a best interests of the City, It is not the highest and best use of the land, He has talked with Mr. Petty and he is aware of his recommendation. He will work to get some other way. MOTION: councilwoman Sallie moved, seconded by Councilwoman Monfort for approval of the lease, VDS'P_ - }I,101 There was no public comment. yel% --• Councilman Wise reviewed the background. The application was made in early March. At the time there were 2 applications for adjacent property. The other 2 were made 00 _, TF�� because they felt they could not over -file on this lease. It �s3 7 was inappropriate under the Code. This lease is not good R�1�t M use of the land but it woo approved, and without good reason it was tabled 3 times. It appears it was tabled for a reason not properly before the body. When it is clouded other issues, he has a problem with legitimacy and ntegrity. Councilwoman Bailie replied Mr. Petty woo aware Lby fwhy Council postponed. Council has a responsibility for he best use of the land, this is not it. G. NEW BUSINESS G-1 Bills to bo Paid, Hills to be Ratified MO1IONs Councilwoman Bailie moved, seconded by Councilman Nall, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 r ' w 0 P _.1 KENAI CITY COUNCIL APRIL 17, 1985 Page 7 MOTION$ Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the requisitions as submitted. Motion passed unanimously by roll call vote. G-3 Ord. 1035-85 - Incress. Rev/Appno - Landscape Master Plan - $9 , 080 a. Public Hearing ' MOTION$ j Councilwoman Monfor moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed unanimously by roll call vote. M , I MOTION, 2nd Readings w Councilwoman Monfor moved, seconded by Councilwoman Bailie, to have the 2nd reading. j Motion passed unanimously by roll call vote. MOTION, Adoptions Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENTS a. Stan Grabowski, 5125 Silver Salmon, Kenai. Is there a 1-50 scale map for all proposed landscaping? Land j Manager Labahn replied, there is a general review of what he will provide. Scale is not provided. 1-50 scale was in the Request for Proposal, it would have to be in the contract. Motion passed unanimously by roll cell vote. G-4 Ord. 1036-85 - Rezoning, Cinderella, Princess, McColllum to RR-1 Approved by Consent Agenda. G-5 Assignment of Lease - Grizzley Air to Kenai Aviation Services - CAA MOTIONS Councilman Hall moved, seconded by Councilwoman Monfor, to approve the assignment of lease. PUBLIC COMMENTS j Bill Griffin, Kenai Aviation Services, Kenai. He just reviewed the papers this date for the fuel facility, for the use permit. He requested a longer permit to make substantial capital improvements to most major airline standards. He is under negotiation to have United Airlines use Kenai instead of Elmendorf. He is asking for a 10 year lease with 5 year escalation if necessary. Atty. Rogers ' explained, the reason this is in the packet is there is a modification in the lease. His recommendation is for approval subject to entering into a new lease agreement. The use permit has been traditionally 5 years. He asked for $5 Million indemnification. He will work with a 10 year agreement and transfer. He duos not want negotiated rates. 1 L� � - :J.T=�71r+i`.,-:.Y. ��741zi•wC-'- ��rl§�4�'- - .. - - -- ..i,, . �." KENAI CITY COUNCIL APRIL 17, 1985 Page 8 I Mr. Griffin said the major carriers are talking about diverting passenger flights also. There will be a sizable increase in traffic flow. Negotiated rates are with the air jcarriers. He is asking for use permits for facilities for fuel from 3 years to 18 years with 5 year increment to discuss reassessing regarding lease rates and rental. MOTIONS Councilman Wise moved, seconded by Councilman Hall, for a uoe permit for airport facilities for 3 years be struck and substitute 10 years, to the 30th day of June, 1995; and in addition, rates be adjusted on reappraisal by City at City request. Councilwoman Bailie asked if Grizzley moved out. Mr. , Griffin replied yes, they will be getting rid of the spare parts, they are not in the salvage business. a VOTE, Amendments Motion passed by unanimous consent. + ; VOTE, Main Motion as Amendeds Motion passed by unanimous consent. G-6 Lease Application - Kline, FBO I MOTIONs Councilmen Wise moved, seconded by Councilwoman Bailie, to approve the lease application. Notion passed by unanimous consent. G-7 Discussion - City Involvement - Water, Sewer, Road to School off Swires Rd, City Manager Brighton explained, this is in :elation to the Borough proposal for a new school. He asked that this be discussed at a work session. The bond issue has not been passed, it will be voted on in October. They are asking us what it will coat. He suggested writing to the Borough, we will estimate the cost, they can include it in the bond issue. Councilman Wise noted 20 acres is not good. Sears school has 20, uses 10. He would like to see a site plan. They have 60 acres there. If they will assure us they will get rid of the remainder, he will consider water h sewer. This is a poor choice, theme is developable land for the community they will lock up. MOTION; i Councilwoman Monfor moved, seconded by Councilwoman Bailie, to send a letter to the Borough, give an estimated cost and i have them include it in the bond issue. Councilwoman Monfor said she had a problem having the City pay when the Borough has millions of dollars in surplus. The State will only pay 50%, it may be moot. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL APRIL 17, 1985 Page 9 G-8 Discussion - Boating Facilities Public Works Director Kornelis said Harbor Commission wants a request for proposal. If we get the go-ahead from Council we will put out for proposals. Over $1 Million is available i from grants. City Manager Brighton noted 01 through 06 in the memo are alternates, depending on money available. Council agreed to go ahead. G-10 Approval - Airport Ramp h Willow St. Ext. - Construction Administration do Survey MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to award the contract to M. Taurisinen for the construction administration, inspection, testing and surveying on the N Kenai airport apron & Willow St. ext. project for a not -to -exceed amount of $172,754 at rates shown in their proposal of March 26, 1985. w Notion passed unanimously by roll call vote. y - G-11 Discussion - Petition to Borough Assy. - Areswide Power, Grant Funding - Senior Citizens City Manager Brighton explained, the federal budget cuts have come through to Federal Revenue Sharing, it will be eliminated Oct. 1985. Since the Borough makes contributions to the senior citizens from Federal Revenue Sharing, they felt they would not be able to make a contribution. The petition is designed to let the Borough get around this and continue contributing. Municipal League newsletter says it will be a year longer than anticipated for revenue sharing. The 01 priority of the National League of Cities is to continue Federal Revenue Sharing. 60% of the cities under 6,000 use Federal Revenue Sharing exclusively. If revenue sharing continues to 1986 we have one more fiscal year to count on from the Borough. We have problems with the legality on this. Atty. Rogers expressed concern regarding the extent of powers and he would want to make sure this does not pre-empt similar actions by the City in the future. Senior Citizen Coordinator Porter said her biggest concern is if we do not go ahead with the petition and Federal Revenue Sharing expires. There is only $24,000 for senior citizens in 85-669 1/4 of what they normally get. They cannot get this on the October ballot without Assembly approval. They wanted to go directly to the voters. They can always throw it out if they do not need it. This affects all 4 centers, they all have the same petition. Funds from the Borough ($500000 to $75,000 per year in the poet) are for kitchen helper, exercise program, and craft program. Council agreed to let the petition go. G-12 Discussion - Extend S. Ames Rd. MOTIONs Councilman Wise moved, seconded by Councilwoman Monfor, to approve the extension subject to provisions of the letter. Public Works Director Kornelis explained the property owners do not want to qo to the expense of replotting. There would he costs to the City, additional engineering and ndditional conotruction. If Council approves, Administration will ask OceanTech for estimate on KENAI CITY COUNCIL. APRIL 17, 1985 Page 10 re -platting. Councilman Wise noted we are only engineering at this time, there is no committal for funding construction. He suggested amending construction to delete Barabars and use on Ames. �= Motion passed unanimously by roll call vote. G-13 Games of Chance 6 Skill - Democrats, House Dist. p5 Approved by Consent Agenda. G-14 Ord. 1037-85 - Landscaping Regulations MOTIONS Councilwoman Bailie moved, seconded by Councilman Wise, to introduce the ordinance. Councilwoman Bailie asked that item 14.25.0409 be dropped. 5% is a large amount for large areas. Anchorage does not have a stated percent, just parking lots with more than 60 vehicles, then 5e of the parking lot only. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor, to delete section 14.25.040e. i - Councilman Wise suggested amending and let the landscaping committee review, If we have no percent the ordinance is , o useless. If the plan does not come up to 5: they can -- justify to the committee. Councilwoman Bailie replied, she wants landscaping in the parking Iota. It could be all in front of the building. We should allow flexibility with developers. Vice Mayor Measles said the ordinance without ' percentage gives guide lines for landscaping. If it is too restrictive, we do not need a landscaping review board, the building inspector could approve. Councilman Hall said the ordinance is still quite restrictive. The security agreement and review board sill be there without the 5%. He would not want an ordinance so restrictive it holds back development. It should be on a leadership basis, not law. We are already seeing the attitude of the City towards landscaping, some businesses down town have felt the r pressure for landscaping without an ordinance. This does not -=-- aodress those buildings already built. They will be fixed by their owners of their awn accord. This allows _ _•� flexibility but says we are proud of the City and want 1� builders to be proud of their facility. Vice Mayor Measles noted the security agreement calls for 2% of building permit ,�- value. If the developer has $1 Million office building, that is $160,400 to put up for landscaping. There would probably not be enough land to put $160,000 on. A smell building on a large lot, 2% would not come close to covering -� landscaping. The amount of bond should be related to proposed landscaping rather than permit value. i VOTE, Amendment (Passed): Yess Hailie, HsII, Measles, Monfor Not Wise VOTE, Main Motion As Amended (Passed): _r Yeas Hailie, Measles, Monfor w Not Hall, Wise V ! H. REPORTS �ry I . t w� ,p k 4 =-f a KENAI CITY COUNCIL APRIL 179 1985 Page 11 H-1 City Manager City Manager Brighton spoke. s. He received a call from Ray Gillespie, the Governor's liaison between the Governor and the Legislature. There is $250 Million in Capital Improvement Projects in the Governor's budget, $3-1/2 Million for Kenai's Community Center. It could end up being $160 Million to $200 Million. He asked if we could live with $1 Million towards the community center. Mr. Brighton said no. Last year we had $1.9 Million for a dock facility, he asked if we would be upset with $900,000 off for the next year. It was not put in. Mr. Gillespie said Mayor Wagoner had told him we would take it and the City would bond for the rest. Mr. Brighton told him Mayor Wagoner did n9t have conoensus of Council, to his knowledge. He added, this is Council's #1 priority and they would not compromise. He suggested the Governor reduce some community with $150 Million budget. Councilman Wise said he would rather get roads and a dock and get it over with. Councilwoman Bailie suggested asking Mr. Gillespie how many communities are putting 10% up front, and telling hAm we will not take less. Mr. Brighton added, moat communities are not putting up any money. Council agreed with Mr. Brighton's statement to Mr. Gillespie. b. The Viet Nam vets are having a traveling memorial in Kenai for 4 days. They want the ball field nearest to their offices for displaying. He said they could use it. Council agreed with Mr. Brighton. as He would like to send a letter to Home Health Care people. The City has made a contribution, before they bill us, they should make every effort to collect. Some are able to pay. Council agreed to the request. d. Regarding the museum. We have boon trying to improve. When people rent the facility, they have access to the back yard. We have one cabin finished and 3 are being worked on. There are valuables stored there. If we acquire non Johnson's material, we will have to secure it. Many people enter the back yard without permission. He would recommend discontinuing rental of Ft. Kenny. H-2 Attorney None. H-3 Mayor Vice Mayor Measles nuggeotek; Julio Quintana for Public Vehicle Commission. Council agreed to the suggestion. H-4 Clerk None r • • . KENAI CITY COUNCIL APRIL 17, 1985 Page 12 H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Lfbrary Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD s. Dave Brown, Kenai. He asked Council to act this date on real estate commission for Section 36. It would benefit developers and the City. Atty. Rogers said he would recommend against it. Councilwoman Monfor said Council was specific that they would not pay real estate commissions on Section 36. Vice Mayor Measles @aid at the time of the decision, all present members were here. The majority agreed. Councilman Wise said it would be a conflict of interest for him to vote. The first offer for purchooe was badly mismanaged by Administration. Had a realtor been involved, there would have been a reasonable approach. City Manager Brighton replied, every item on the last sale was approved by Council. When a real estate agent provides a service when no service is provided, it is redundant to give him a fee at taxpayers' expense. Atty. Rogers added, the first individual to initiate a sale was a real estate agent. We started litigation and prevailed. He continued, if there are personal attacks, he would ask for executive session and the ability by the person to demand public or private session. Vice Mayor Measles said Council was aware of everything that took place and agreed. He added, he did not appreciate low shots at Administration. ADJOURNMENT: Meeting adjourned at 1000 PM. 9/Z'11/014L� Janet Whelan City Clerk r I, i i i i 0