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HomeMy WebLinkAbout1985-10-16 Council Minutess IJ AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 16, 1985 - 7 00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Board of Adjustment - Boysen 6 Assoc. - P&Z Denial of Conditional Use Permit, Mobile Home Park, N. Dogwood Dr. 2. Certify Election 3. Election of Vice Mayor 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Carolyn Roller - Govt. Lots 45 & 46 - Assessment Percentage 2. Grant McClure - Installation Agreement with City - Silver Pines S/D (Time Limit - 10 minutes per person) C. PUBLIC HEARINGS 1. Ord. 1090-85 - Amending Kenai Municipal Code - Allowing Clerk to Certify Assessment Rolls without Recording 2. Res. 85-97 - Transfer of Funds - Survey Costs, Plat Proposal - Well House # 2 3. Res. 85-98 - Transfer of Funds - Transformers and Receptacles for Christmas Decorations - $5,550 4. Res. 85-99 - Awarding Bid, Snow Removal, 1985 - Foster Construction 5. Res. 85-100 - Transfer of Funds - Construct 6 Planters, $5,600 P, si + D. MINUTES 1. *Regular Meeting, Oct. 2, 1985 E. CORRESPONDENCE 1. *Alaska C&RA - State Revenue Sharing Notification 2. *Mrs. Ray Olson - Condition of City Parks 3. Alaska DEC - Hazardous Waste Transportation Notification 4. *Alaska C&RA - Determining Debt of City of Kenai 5. Alaska OMB - Candidate for Coastal Policy Council F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1091-85 - Incress. Rev/Appne - New Street Lights, $77,550 4. *Ord. 1092-85 - Amend. Kenai Municipal Code - Establishing Service Charge for Dishonored Checks 5. Extension of Construction Schedule - B. Kline, FBO S/D 6. Extension of Construction Schedule - Swarner a O'Connell, Municipal Reserve S/D 7. Discussion - Rezoning, Lawton Acres & Adjoining Property S. Discussion - Brokerage Commission Inquiry - S. Turlis, F. Meyer 9. Approval - Lease Application - T. Wagoner, Concession Area 10. Approval - Bldg. Addtn. & Site Plan - Kambe Theatre H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT e I I I i KENAI CITY COUNCIL., REGULAR MEETING, MINUTES OCTOBER 16, 1985, 7s00 PM KENAI CITY ADHINISTRATION BUILU1NG MAYOR TOM WAGONER PRESIDING BOARD OF ADJUSTMENT - Boysen A Assoc. - P&Z Denial Con i o-F Use Permit, Mobile Home Park, N. Presents Absents PUBLIC COMMENTS Wise, Wagoner, Ackerly, Bailie, Hal Monfor None 1. Richard Boysen, 391 Diane Lane, Soldotna. Mr. Boysen read his proposal, copies of the proposal were distributed to Council. He is asking for a conditional use permit to develop a 94 unit mobile home park on 40 acres off N. Dogwood Dr., east of Valhalla Hts. S/D. PhZ denied the request. He discussed the need, location, septic systems, water supply, property values, transient status, shooting range proximity and benefits. (Copy of the complete report is in packet). This will be the lot phase, 20 acres, 94 units. Councilwoman Bailie said she had contacted DEC, they had told her in an area without water do sewer, they will only allow 9/10 acre per unit. Mr. Boyeen replied, that is not the law in this case. Councilwoman Bailie suggested he shouiu nre requirements before coming to Council. Mr. Boysen said he did not want to spend the engineering money without approval to build. Councilwoman Bailie said there is a high water table in that area. Mr. Boysen said his system is 50% larger then DEC requirement. Councilman Hall explained, DEC requirement for 9/10 acre is for individual buildings, this is one system of commercial size. Councilman Ackerly asked about the water system. Mr. Boysen showed the water system on the map and added, it would be in the 1st phase, the recreation site would be on it, next to the office and laundry. 2. Don Feltman, Box 429, Kenai, representing the Sno Shoe Gun Club. He distributed some pictures of the area, 1/4 mile from the proposed site. They have 175 family memberships. They are the only existing facilities on the Peninsula safe for firearms, they have a facility for law enforcement agencies that is the ••nly safe place for testing. They have a buffer zone around but this is close. Their range is posted through the lease and the insurance policy. He is concerned with the people in the project. He asked that this be denied because of safety. 3. Mark Winston, 210 Iowa, Kenai. He supports the park. Kenai needs one. He has faith in Mr. Boysen's ability to do it right. It will get crater & sewer closer to Thompson Pk. He supports another 94 homes. 4. Cathy Bush, 225 Richfield, Kenai. She distributed pictures of the area. Their property is within 100 ft of the site. They object to the proposal. The pictures show water on the ground up to the knees. There are dead trees and ground water on the site. They were building a log home and have put in water and a septic system. They hit water at 4 ft. They are at one end of the site. One picture shows the other end of the site, water at 4 ft. They have had to work with DEC to build. They do not have above ground water, the mobile home park would. If dirt is dumped on the water, what will it do to their land? She contacted the Corps. of E,igineers. They told her there had been no application for permit. Part of this is wetlands. AHFC is having hearings for a change to 10% down on mobile homes, instead of 5%. If Soldotna has closed their mobile home park, why not build there? Regarding the 80% number of mobile homes in the area. The people in Valhalla chose not to live in mobile home parks. r KENA1 CITY COUNCIL OCTOBER 16, 1985 Page 2 They have put in water & sewer and landscaped. They are on their own property. They do not want their property to be considered part of a mobile home park. There will be transient people, this will lower their house value, decrease their quality of life and affect the water table. It may be a violation of wetlands. 5. Gary Hinkle, Box 322, Soldotne. He owns some trailer parks. Regarding the 10% down. He recommended this because of the low down payment in older homes, there were bad loans. Regarding the people moving, the lot person to move into his park in 1961 is still there. Regarding the condition of the mobile home parks, his was designed in 1961 for smaller mobile homes. Density is high. It cannot be redesigned to accommodate larger mobile homes, they cannot replace homes. This forces them to have occupancy of older, smaller homes with lower income. Mobile home parks in the area, especially those in city limits, have land value greater than the park business. As land is developed, parks will close. Leases in his 2 parks are short, this makes difficult management. They conform to city laws and have on -site management. People would rather live on their own land but will live on a lot if it is cheaper than buying their own land. He is now proposing a mobile home park on K-Beach Rd. Regarding transiency, 25% of his residents have been there 10 yrs. or more. A study of the period 1977-80 showed single family home residency was 37 months, mobile home residency was 32 months. An HUD study showed mobile homes had less fires, less damage per house, less cost by injury and lower death rate per fire. Mobile homes are not equal to site -built but are 70: of the cost. The trailer park would be an asset to the area and would increase the tax base. 6. Sue Langston, Box 1352, Kenai. She lives in Valhalla Hts., but is over 300 ft. from the proposed site, so she was not nGtified. The people in Valhalla Hts. that have mobile homes have gone on to build permanent structures. It is not a trailer park. Regarding city services, they have waited 7 years for paving, now they will have to help Mr. Boysen pay for water h sewer. 7. Andy Serisky, 804 N. Strawberry Rd., Kenai. People get minimum protection from the zoning code because of conditional use permits. RR zone is for low density in out -lying areas to separate structures and preserve rural open quality of the area. This would not be like that. Valhalla & Thompson Pk. are beginning to develop now. Mobilo home parks should be pease. These are postage stamp lots, this is not compatible with use. A person in a zoned area expects to be protected, conditional use will change that. S. Tim Wisniewski, Valhalla Hts. He distributed pictures of mobile home parks. He has seen architectural drawings such as Mr. Boysen's, but when it is done there are no trees left. The tat manager may be good, but when it sells it will go down hill. 9. Randy Caler, 170 Standard, Kenai. Mr. Boysen should know his costs and do the engineer';.g. The petition submitted against this proposal is in the packet. Only one resident would not sign, he was moving out of State. They are against the mobile home park. They are protesting the location in an established residential area. He suggested the park be put in Soldotna as one has closed down there. 10. Richard Boysen, contd. There has been preliminary engineering done. In 5 test holes, there is a 7-1/2 ft. water level. It can be engineered for a septic system. The center elevation is 10 ft. higher than Spur, it is above Spur at the back end. People living i a { l6i7 - ' -f KENAI CITY COUNCIL OCTOSEE 16, 1985 Pago 3 there are enjoying the fact that the bulk of the area cannot be developed because of the lot size. They have 3 roads there they did not pay for. 11. Cathy Bush, contd. Of the 40 acres, 1/2 is federal wetlands. Is he aware of that? Mr. Boysen replied yes, he did not propose to develop that -Tt this time. MOTION, Adjourns Councilman Wise moved to adjourn the Board of Adjustment to the next regular Council meeting. Motion died for lack of a second. MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the mobile home park, Cranberry Ct., in Valhalla Hts. S/D. Councilwoman Monfor said there is a need for mobile home parks, but this is not the area. Councilwoman Bailie said regarding the aquifer, if the wells were contaminated, the City would be liable. Of the 143 lots, 43 are developed. This subdivision is just getting on its feet. DEC permit should be in hand before coming to Council. Councilman Wise noted this is conditional use, we have not discussed the conditions we might impose, development standards, time to be done, water & sewer, access to buildings, lots to be developed, roads built & time frame. MOTION, Tables Councilman Wise moved, seconded by Councilman Hall, to table action to review at the Oct. 29 work session and bring up at the Nov. 6 Council meeting. VOTE, Table (failed): Yess Wise, Ackerly, Hall No: Wagqner, Bailie, Measles, Monfor VOTE, Main Motion (Failed): Motion failed unanimously by roll call vote. REGULAR COUNCIL MEETING A-2 Certify Election Clerk Whelan read the results of the Oct. 1, 1985. Councilmen Ackerly and Measles were re-elected. MOT; ONs Councilman Wise moved, seconded by Councilman Hall, to certify the election. Motion passed by unanimous consent:. Councilmen Ackerly and Measles were sworn in by the Clerk. A-3 Election of Vice Mayor MOTION: Councilman Wise moved, seconded by Councilwoman Monfur, to nominate Councilman Measles as Vice Mayor. Motion passed by unanimous consent. _ �1 — — — �.,�,'— we - • - — "fad - � F. '.�'"—"'' _ KENAI CITY COUNCIL OCTOBER 16, 1985 Page 4 A-4 Agenda Approval a. Mayor Wagoner asked that item G-7, Rezoning Lawton Acres do Adjoining Property, be moved to item B-3 to allow those present to testify. b. Mayor Wagoner asked that Info item 19, H.A.S. Project - Waterline Insulation, be added as G-11. c. Mayor Wagoner asked that Public Works Director Kornelis' memo distributed this date be included in discussions, and items G-12 (Drainage Study, Airport) and G-13 (Change Order, Library Addtn.) be added. Council approved the agenda changes. A-5 Consent Agenda MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 6-1 Carolyn Roller - Govt. Lots 45 & 46 - Assessment Percentage Carolyn Roller, Kenai. This was discussed at the Council meeting of Oct. 29 1985. She and her neighbors were not present because they did not know it would be discussed. They petitioned in the some manner as the residents of McCollum. They were told the easement would be 60 ft. to Alisk. How did it get to 20 ft.? It takes 25 ft. to get water h sewer. Engineer LaShot's estimate was $80,000. Now it is over $160,000. Inlet Woods is high density and is an unfair comparison. They are asking Council to negotiate, 100% is not fair. Finance Director Brown suggested comparing it to Eadie's Way S/D. There are 4 property owners, it was assessed at 100%. With Alisk, McCollum, the water do sewer was instigated by the City. The residents were asked if they would be willing to share costs. These people have come to the City. There was grant money before. The que;ition is, should the rest of the tax payers pay 80% of their water 6 sewer. Ms. Roller asked, if they have all of E. Kenai, would that make a difference? Water 6 Sewer is behind them, but not on the highway. Mayor Wagoner said, comparing this to McCollum, that was started 3 years ago, Council decided to just improve roads. Then we got $650,000 for water h sewer It was put into that project, but we still went to the owners to share. We do not have grant funds now. Ms. Roller asked, if there were grant funds, would the City consider? Mayor Wagoner replied, the City would assess their needs with those of others. Council took no action. B-2 Grant McLure - Installation Agreement with City - Silver Pines S/D Grant McLure, Box 2082, Kenai. He distributed the proposal to Council. He explained, they need to record the plat, but cannot do it without an installation agreement with the City. They need to put the City in 2nd position as security but cannot do it now because there are other people holding interest in the land. They will pay them off when they get the money but cannot get the money till they get the agreement. City Manager Brighton explained Atty. Rogers was not present, this was negotiated with him. If the City is not jeopardized, he thought it could be done. Atty. Cusak, ti �, I ,, FI r � 4 KENAI CITY COUNCIL OCTOBER 16, 1965 Page 5 representing the City in the absence of Atty. Rogers, stated, Mr. McLure will have the title agency act as escrow agent. They will hold the paper till the 2nd deed of trust is in order. MOTIONS Councilman Hall moved, seconded by Councilman Measles, to approve the proposal as submitted. Councilman Wise asked, how many lots are on the 2nd deed of trust? City Manager Brighton replied, we need as many lots as necessary to provide collateral. Councilman Wise asked, what are improvements proposed? Mr. McClure replied, curbs, gutters, paving. Councilman Wise asked that street lights be added. Motion passed by unanimous consent. G-7 Discussion - Rezoning, Lawton Acres & Adjoining Property Council nuted this is to be discussed at the Oct. 29 work session. PUBLIC COMMENTs a. Roger Dorcas, Kenai. He distributed a petition. He explained there are concerned citizens that want to keep Lawton Acres conservation. They distributed petitions for 2 hours to 60 homes and got 96 signatures. Only 3 were negative. There are more petitions pending. He is not opposed to commerce but would like a green strip. He would like a vote of the citizens on this matter. b. Howard Hackney, Inlet View S/D. He noted the green strip on Walker Lane, HEA put transmission lines through there, access to Lowry property was put in. There is not much left now. He did not see why we had to provide land for every business that wants to come into Kenai. The green strips are fast disappearing. c. Jerry Hansen, 107 Paula, Kenai. He thought this was set aside. It is not a warehouse for future development. It is tied up, it is being utilized. They spent considerable time getting this set aside. He asked that it be left as a green strip. d. JoAnn Buzzell, 416 McCollum, Kenai. She objects to any more development. Putting water h sewer in her neighborhood has been a disaster. The trees are fast disappearing. The rural aspect of the neighborhood has disappeared. Mayor Wagoner explained, the contractor went as deep as he did to put in water 6 sewer. Mrs. Buzzell said he did not need 100 ft. on a small road. People that went water 6 sewer an their road should look at McCollum. The utility companies are working at cross-purposes. She has had her line cut 4 times. Councilman Wise said he felt the City was at fault. They cut 100 ft. in the right-of-way. They destroyed part of the neighborhood for their convenience. In some cases there is a prohlem with drainage. Every other street has been 60 ft. right-of-way. Mrs. Buzzell said there are 2 people on the street who want to sell, they have no privacy. Her son works for a municipality in Maine, they only use 20 ft to 30 ft. right-of-way. e. LLoyd Cary, 202 Lawton, Kenai. He is not anti -progressive, but is concerned about the intense amount of construction in hie area. He lion noticed an increase in traffic and noise. We are at the i I I ' 1 I i t a KENAI CITY COUNCIL OCTOBER 16, 1985 Page 6 borderline of being overdeveloped. The strip was zoned conservation. There should be a master plan to make it permanent without special conditions. f. Randy Caler, 160 Standard Or., Kenai. He is a member i of the Landscaping Rd. Council is making strides in addressing these issues. The green belt adds a lot to this area. There are machines available now that will transplant large trees. We could start using these. g. Cheryl Samples, Central Hts. She opposes rezoning. Her concerns are a) Safety of kids on the way to school. b) The athletic teams use the road. c) Conservation zone acts as a noise buffer. This has already been set aside as conservation. h. Bob Nath, ERA Property World, 11127 Spur, Kenai. Pizza Hut did a survey on the central business district. It indicated they should locate in Kenai. They asked him to do a survey also. They both arrived at the some place. He contacted all land in private hands and asked if they would sell. He was turned down. He researched all land on both sides of the street. One on the west side of Walker had a 60 ft. easement down the center and they could not build. It has to be this piece. The application was not made arbitrarily. He contacted the Highway Dept. regarding a driveway. If he could get 200 ft. down the highway, they would look favorably on access on the highway. There will be congested traffic at F. Mayer, they needed a way out without going to Walker. i. Father Targonsky, Russian Orthodox Church, Mission Rd. He does not like to see re -zoning. It has become an ordinary thing to do instead of the exception. He suggested putting this in the new mall. We have enough pizza places now. This is not doing anything for the s City. There are many places that have not been rented out. j. Bob Nath, contd. Regarding availability of Lowry and F. Meyer space. He contacted both, he could not get into either place. One was too high. k. Bill Nelson, 215 Fidelgo, Kenai. He would hate to see j. the City get into the discount land brokerage business. If a business is viable, the City should not undercut the market. C-1 Ord. 1090-85 - Amending KMC - Allowing Clerk to Certify Assessment Rolls without Recording f MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. f; Councilman Wise objected, recording is to see if any liens are identified. Councilman Ackerly noted recording does not n offer protection, it is a public document. Atty. Cusak explained, it could impair title if taxes are owing. F_ VOTE (failed): `-{ Yeas Wagoner, Ackerly, Bailie Not Wise, Hall, Measles, Monfor { C-2 Res. 85-97 - Transfer of Funds - Survey Costp,Plat Proposal- , , Well House #2 I 'f j MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. KENAI CITY COUNCIL OCTOBER 16, 1985 Page 7 There was no public comment. City Manager Brighton explained, BLM transferred title to us some time ago and asked us to plat. Motion passed by unanimous consent. C-3 Res. 85-98 - Transfer of Funds - Transformers 6 Receptacles for Christmas Decorations - $5,550 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Finance Director Brown explained, there was a budget amount for decorations, there is $2,400 left. The transformers and receptacles were not budgeted. City Manager Brighton explained, they will have to be disconnected and reconnected every year. Public Works Director Kornelis explained, if they are left to burn 12 months per year, they will burn out faster. He is training a man to do this in-house. Notion passed by unanimous consent. C-4 Res. 85-99 - Awarding Bid, Snow Removal, 1985 - Foster Const. MOTIONs Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENTS Dave Jurco, Box 3489, Kenai. He is owner/operator of Di's Srcw Removal. He felt the reasons given in Engineer LaShot's memo are not valid. 1) Width of roads. The majority of roads are wide, more than the 24 ft. required by DOT. Every road is over 26 ft. 2) Amount of snow. There will not be a problem. The Borough contracts out for snow removal, they routinely use pick up trucks and do not have a problem. The majority is done with pick ups. 3) Wing back. The bid specs say the City will move snow berms. It is included in the contract. The bids proposed were for a grader, they cannot do as good a job. Berms need a front end loader. 4) Cost savings. Last year it snowed 9 times more than 3 in. It was a bad year. 10 snow falls would be a cost savings of $4,000 per year. 4) The 20 MPH figure was from Engineer L35hot's conversation. Mr. Jurco had said not more than 20 MPH, and not at all times. He had to stop in an accident when he was doing 15 MPH and there was only a 7 ft. skid on the snow. 5) Snow and ice on the streets. All roads in VIP S/D have adequate shoulders. They could stack snow there. They are lower than the roads, there would be good drainage. He admitted he did not have the weight. One of the provisions of the contract is condition of equipment. He submitted 1974 and 1982 trucks and has a 1979 and 1984 truck also. All are reliable, he only needs 2. The Cat that Foster has is 1969 and would be less reliable. It does not say in the bid invitation that a grader is minimum bid requirement. There is space for trucks on the bid form. If the City wanted a grader, they should have said so. The only requirement is that it must be capable of moving snow. He can do this. He did everything required. =-.-.-tea •'�'r�e ;11��.� �'-.'��%j/ ___ __ _..:�g_� KENAI CITY COUNCIL OCTOBER 16, 1985 Page 8 Public Works Director Kornelis said he concurred with Engineer LaShot. Each bidder was told to review with the street foreman. If he had done that, he would have known a pick up was not acceptable. It says 'grader' on the bid specs. Mr. Jurco wrote in 'pick up.' Regarding the wing -back, we have narrow roads and a grader can push snow off the road into the ditch. Mr. i,jrca stated he talked to Mark Johansen (streets). Mr. Johansen expressed the desire to have a grader but did not eliminate a pick up. Mr. Jurco looked at both sites. Councilman Measles said, if it specifies a grader, what if it the bid was street equipment with a large blade with a dump truck? Mr. Kornelis replied, they used to use them but discontinued. They are useful in an area where you can go fast and throw a distance. They tend to fall down the shoulder. Motion passed by unanimous consent. C-5 Res. 85--100 - Transfer of Funds - Construct 6 Planters, $5,600 MOTIONS Councilman Hall moved, seconded by Councilwoman Monfor, to adopt the resolution. PUBLIC COMMENT: Father Targonsky, Russian Orthodox Church. There are 6 planters at $900 per planter. He is favor of making the City beautiful, but this to a waste. He would like the $5pOC9 given to the Russian Church for tours of the Church. It is a National landmark. The City is making money from the tourists, Old Town development will bring in more. We cannot handle them now. There are 1,500 National landmarks in the Country, 42 in the State. This is the only one on the Peninsula. Councilwoman Bailie explained, these planters are to take the place of the circle plantings along Spur. Juneau, Homer and Anchorage have used them and are satisfied. They are used as street furniture, 18" off the ground. The flowers live longer. They would like to start with 6. It would give uniformity to the City. VOTE (Passed)s Yess Wagoner, Ackerly, Bailie, Hall, Measles, Monfor Nos Wise D. MINUTES Approved by Consent Agenda. E. CORRESPONDENCE E-1 AK C&RA - State Revenue Sharing Notification E-2 Mrs. R. Olson - Condition of City Parks Approved by Consent Agenda E-3 AK DEC - Hazardous Waste Transportation Notification Council directed Administration to write a reply for Council review at the Nov. 6 meeting. E-4 AK C&RA - Determining Debt of City of Kenai Approved by Consent Agenda. :l 0 KENAI CITY COUNCIL OCTOBER 16, 1985 Page 9 E-5 AK OMB - Candidate for Coastal Policy Council. Council agreed to nominate Councilman Wise. F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,O0O MOTIONS Councilman Hall moved, seconded by Councilman Measles, to approve the requisitions as submitted. Notion passed by unanimous consent. G-3 Ord. 1091-85 - Increas. Rev/Appns - New Street Lights, $77, 550 G-4 Ord. 1092-85 - Amend. KHC - Establishing Service Charge for Dishonored Checks Approved by Consent Agenda. G-5 Extension of Const. Schedule - B. Kline, FSO S/D NOTION: Councilman Wise moved, seconded by Councilwoman Monfor, to approve the request. Motion passed by unanimous consent. G-b Extension of Const. Schedule - Swarner do O'Connell, Municipal Reserve S/D MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to approve the request. Notion passed by unanimous consent. G-B Disc. - Brokerage Commission Inquiry - S. Turlis, F. Meyer Mayor Wagoner noted Mr. Turlis reiterated several times in front of City Manager Brighton, Councilman Ackerly and himself that his commission was taken care of by F. Meyer. The sale was not necessarily the result of the lease. He does not have claim of brokerage fee. Councilman Ackerly noted we initiated it in they tat place. Atty. Cusak explained Atty. Rogers had inquiry from Mr. Turlia, that io the reason for the memo. Council took no action. F J KENAI CITY COUNCIL OCTOBER 16, 1985 Page 10 G-9 Approval - Lease Application - T. Wagoner, Conceasion Area I ' 'i ( VICE MAYOR MEASLES ASSUMED THE CHAIR, —_ Mayor Wagoner requested abstaining from the vote, he is the party requesting the lease. MOTIONt Councilman Wise moved, seconded by Councilwoman Monfor, to , approve the lease. Motion passed unanimously by roll call vote, with Mayor Wagoner abstaining. j MAYOR WAGONER RESUMED THE CHAIR. , G-10 Approval - Bldg. Addtn. do Site Plan - Kambe Theatre j MOTIONS f I Councilman Ackerly moved, seconded by Councilman Measles, to amend the tease to include the site plan regarding the Kambe. PUBLIC COMMENTS ". Doug Sales, 2900 Bonifece, Anchorage, representing the new owner of the Kambe Theatre. He has appeared before P&Z. I This is an addition so a landscape plan is not required. Councilman Wise noted if we approve without qualifying,he could not build. The trees are removed. Mr. Sales � explained, for parking requirements, the trees had to be i removed. Their intent is to have lawn and will be attractive, Councilman Hall noted there seems to be a conflict. Building Inspector Hackney foals building permits e for new construction only have to go to Landscape 8d., not -' remodeling, The Board is waiting for a ruling from Atty. Rogers. At this point this would not go through the Landscape Bd. He felt the intent was that anything that had a building permit went to the Landscape gd. He requested the Code be amended. Councilman Ackerly noted, it says ' "existing trees will remain," and also says, "remove existing trees." Mr. Sales explained, they had no choice but to meet parking requirements. Mayor Wagoner noted landscaping does not just mean trees. Mr. Sales said they - had a professional architect working on the job, thay are `n>— aware of the requirements. The 11-1-87 date is the maximum. J Their intent is to get footings in before winter, and build immediately in the Spring, complete it by August. - Councilman Hall suggested adding to the work session agendas when Council approves the site plan, the builder gets a - building permit, and the Landscape Bd. makes a change; what f _ happens then? + _ MOTION, Amendments { = Councilman Wice moved to amend the motion to add, "subject I to review of the Landscape Bd." There was no second. MOTION, Amendment, Withdrawals Councilman Wise withdrew hiu motion for amendment. MOTION, Main Motion, Withdrawals Councilman Ackerly, with consent of aocond, withdraw his ' motion. j i KENAI CITY COUNCIL OCTOBER 16, 1985 Page 11 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the lease amending it to include the site plan of the Kambe Theatre. Councilman Hall asked, when they apply for a building permit, will this go to the Landscape bd.? Answer, no. City Manager Brighton explained, Council is making an interpretation, Atty. Rogers can write one. Notion passed by unanimous consent. G-11 H.A.S. Project - Waterline Insulation Public Works Director Kornelis explained. The water line is 6 ft. higher than shown on the plans. We may have to insulate some of the water line. PUBLIC COMMENTs Bill Nelson, Wm. Nelson 6 Assoc. He was hired by the City to inspect the problem. This is a potentially bad situation. The main line supplies all water to the City on a daily basis. It to very shallow. In the past it hoe never frozen because of high flow of water. If there was an outage of water do we had to draw from elsewhere, it would slow down and may freeze. It would have to be a cold winter, several days outage at the end of winter. The probability is slim, but he felt he had to go to Council. Me asked the contractor to dig holes at 200 ft. intervals, he has done 7, 2 to go. A good portion is over 7 ft. deep, normal is 9-10 ft. deep. There have been places that were 6 ft. that did not freeze. They may be safe. There are some areas that are 5 ft. deep, they are more susceptible. He has suggested that someone with more expertise look at it, it will cost $19000. An additional problem is the area between Highbush and Swires. The contractor is behind schedule on this job and wants to complete his contract, then worry about the water line. The high cost for the insulation would be $30v000 to $100,000. There is the some problem with the service lines, he intends to take care of those regardless. MOTIONs Councilman Ackerly moved, seconded by Councilwoman Monfor, to proceed with insulating the line where necessary, at a not -to -exceed figure of $50,000. If it is more, Administration should come back to Council. Finance Director Brown said he would check on the contingency available. 11 111 Motion passed unanimously by roll call vote. ADDED ITEMS Councilwoman Bailie said there is one house on Highbush, the owners cannot get into their driveway, it is too high. Mr. Nelson explained, there are options to solve this. The house is 9 ft. onto the oethack. The driveway can be flattened out if they cut cement and work on private property. The grade is 1-1/2 ft lower than it will be. This will take cooperation from landowner to make modifications. Councilman Measles noted the grade would be 1-1/2 ft., the ditches will be deeper. Mr. Nelson replied, the ditches will be 2-1/2 ft. The contractor has excavated and will replace at his coot. Public Works Director s 6 r- KENAI CITY COUNCIL OCTOBER 16, 1985 Page 12 Kornelis suggested we can take the crown off in areas where it is needed. Councilman Measles suggested the ditches be filled in. Councilman Hall noted we need some drainage or a culvert. Mayor Wagoner suggested Administration work with the landowners involved, and address the problem in the Spring, but make the driveways serviceable. Council agreed to the suggestion. G-12 Drainage Study - Airport Public Works Director Kornelis explained, He and Airport Manager Ernst looked at the ramp extension. There is more water there in ditches on Willow, Tower Rd. and along the ramp. We do not have a drain survey on airport lands inside the fence. The cost is $100000 but they are under the not -to -exceed figure on the inspection. NOTION: Councilman Hall moved, seconded by Councilman Ackerly, to go ahead and have M. Taurisinen do the airport drainage study " within costs as laid out. I Councilman Wise objected to adding on an unrelated topic without competitive bid. Councilman Ackerly suggested the unused money be used on the float plane basin. Mayor:' Wagoner asked, what is the urgency? Mr. Kornelis explained there was 1-1/2 ft. of water. Nothing may happen, the { surface of water is only 1 in. less than the ramp. It drains into a culvert but if the culvert is lu ' p gged, � drainage could go over the ramp. Councilman Wise noted drainage has to do with the float plane begin. It will be natural drainage for all the area. It should be incorporated into the float plane basin study. City Manager Brighton noted if we do the ramp project the money can 13e used legitimately. If we use it with the float plane basin, it may not comply with the grant. Councilman Wise replied, not the whole study, the funds left from the grant will be used at the float plane basin. Mayor Wagoner noted we have not received a reply from the State. Mr. Brighton said they are looking for money to reappropriate funds from all projects. There will be $700,000 left over. Mayor Wagoner , asked Mr. Brighton to find out what they will do. Councilman Wise noted, if we go out for proposals, it may be less. Mr. Brighton added, the $700,000 is surplus from the Airport apron project. The money can remain available for S years unless we close the project out. Finance Director Brown added, we can close construction, but not the grant papers. Council agreed to get the money and redesign the float plane basin. VOTE (Failed): I Yes: Hall Not Wise, Wagoner, Ackerly, Bailie, Measles, Monfor Council agreed to have Administration pursue a request -for -proposal for a drainage study in that area. G-13 Change Order - Library Addtn. - $6,30' ' Public Works Director Kornelis explained, $2,200 work has been done. When they dug it up they found a layer of silt. it The contractor said he would do it at the same unit price. . The work has already been done. 1 ,I a _ __- ��l/ice_:.. •_..��.. r -.. _. i.. .-r.Y!s-a KENAI CITY COUNCIL OCTOBER 16, 1985 Page 13 MOTIONS Councilman Measles moved, to approve the change ordi Motion passed unanimously H. REPORTS H-1 City Manager City Manager Brighton spoke. a. Rental of Ft. Keney for pre-school. Mr. Brighton distributed copies of the proposed lease. It would be Mon., Wed., Fri., 4 Saturdays; $240 per month. MOTIONS Councilwoman Monfor moved, seconded by Councilman Measles, to approve the lease as submitted. Mr. Brighton reported they had $500#000 liability insurance, good to May 30. Motion passed by unanimous consent. b. Municipal League appointments. There is a position on the Board, Marilyn Dimmick's term is expiring. Also, the Legislative Committee. Council agreed to nominate Councilwoman Bailie to the Board and City Manager Brighton to the Legislative Committee. c. New library furniture can be piggy -backed onto a State bid and get the State price. Council agreed to pursue the purchases. H-2 City Attorney None H-3 Mayor Mayor Wagoner spoke. s. M&YOr W89006r recommendod John Smith as 4tudent representative to the Rec. Comm. Council approved the recommendation. b. Kenai Regional Transportation in Seward. Mayor Wagoner, Councilman Hall, Councilwoman Bailie, Public Works Director Kornelia, City Manager Brighton attended. They stressed the 4-lane for Spur Hwy. They also asked to lower the speed limit between Dairy -Queen and the High School. c. DOT has proposed taking $500,000 from the highway budget for atop lights on the corner of Airport Way/Spur and Binkley-Soldotna. H-4 City Clerk Clerk Whelan spoke. a. Clerk Whelan noted item H-4, Title 29 smendment regarding election petitions. She will submit a resolution for the Oct. 1986 election 1 r� KENAI CITY COUNCIL OCTOBER 16, 1985 Page 14 b. Councilman Wise suggested designation of seats on the Council, rather than at -large seats. Council rejected the suggestion. c. Council was asked to notify the Clerk as soon as possible of their plans for Municipal League in Nov. d. Mayor Wagoner noted the Oct. 29 work session did not give them enough time to discuss the CIP projects for submittal to the State. Council agreed to a work session on Oct. 22, 1985. H-S Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Phil Stiffler, Kenai. He is owner of the plane discussed in item info-21. Aug. 1985 he asked Airport Manager Ernst about a lease proposal for the plane. They agreed on $100. Mr. Stiffler was told to discuss insurance with Legal Asst. Sutcliffe. He carries liability ins. when he flies. Why was he singled out to obtain insurance? His plane is not a threat to airlines. All general aviation should share in this burden. Mayor Wagoner asked if this was only when he leased. Mr. Stiffler replied, he has not talked to Atty. Rogers. Airport Manager Ernst explained, they decided on a special use permit on a month -to -month basis. That was when the need for insurance came up. City Manager Brighton asked if insurance is required for fish haulers. Mr. Ersist replied, in a special use permit. It has been in all the contracts, no one has brought this to his attention. Mr. Brighton asked if other people using tie -downs are required to have insurance. Mr. Ernst replied, lessees of airport space adjacent to the airfield are required tu. But not transient aircraft. This is the first long-term lease we have had. Mr. Brighton asked, how much will it cost? Mr. Stif�ler said he would check. Mr. Brighton noted if the insurance coats more than tie -downs, no one will tie down. Council agreed to discuss at the Oct. 29 work session. G / J r: ' � i 1 i I KENAI CITY COUNCIL OCTOBER 16, 1985 Page 15 2. Councilman Hall asked if Council could take a tour of City facilities. Council agreed to meet at City Hall at 9s00 AM, Saturday, Oct. 26. 3. Councilwoman Monfor said she had heard the "no parking on City streets" signs forbid people from parking. She suggested using the word "prohibit." ADJOURNMENT: Meeting adjourned at 1200 Midnight. Ayv,f Avow, Janet Whelan City Clerk APPROVED BY COUMCL /!- b rLCRK -