Loading...
HomeMy WebLinkAbout1985-12-18 Council Minutes---�.� �_ —_ ,T n_ ��,� - -. - `v."+inrarrrr�rc—•� ^rutri4V� -_ �'wc».rwx5rixr,,.��w�TY111Wa'�' �..'..�_�.�•_"n"J""—' �'.�, - _ �rrr "_i AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 18, 1985 - 7s00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenoa *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 oequenco on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 minutes maximum) Co PUBLIC HEARINGS 1. Ord. 1094-85 - Amending Zoning Code - Landscape Regulations 2. Ord. 1100-85 - Amending Zoning Map - Lawton Acres 3. Ord. 1101-85 - Amending KMC - Lessee of Airport Lands Must Lease for Two Years Before Purchase 4. Ord. 1102-85 - Increase Rev/Appns - Repay FAA and State for Prior Grant Reimbursements 5. Res. 85-112 - Transfer of Funds - Sr. Citizens, State Grant - $2,740 & $39480 6. Res. 85-113 - Transfer of Funds - Shop Overtime - $2,000 7. Res. 85-114 - Confirming Assessment Roll and Fixing Payment - Sprucewood Glen S/D Be *Application for New Liquor License - hr. D 9. *Application for Liquor License Renewal - Uptown - VIP, Back Door Kenai Joe's 10. Application for Liquor License Renewal - The Rig D. MINUTES 1. *Regular Meeting, December 4, 1985 E. CORRESPONDENCE 1. *Soldotne Mayor Farnsworth - Letter to Borough Mayor Regarding Sales Tax `4 r J r W 9 i i i ' 2. AK Safety Belt Use Coalition - Request for Ordinance Regarding Safety Belts 3. *finny Chi.twood A Co. - National League of Cities Meeting in Seattle 4. *Alaska DNR - Boating Rules of Kenai River, Recommended by Kenai River Special Management Area 5. Juneau Mayor Polley - Budget Cuts for U.S. Coast Guard F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $19000 3. *Ord. 1103-85 - Increas. Rev/Appns - Water do Sewer Special Fund, Repayment to General Fund of Loan 4. *Ord. 1104-85 - Increas. Rev/Appns - Senior Citizens State Grant - $909031 5. *Ord. 1105-85 - Increas. Rev/Appns - Senior Citizens State Grant - $5,638 6. *Ord. 1106-85 - Increas. Rev/Appns - Senior Citizens Borough Grant - $249 068 7. *Ord. 1107-85 - Amending KMC - Exempt Personal Proporty frog► Taxation 8. *Ord. 1108-85 - Amending KMC and Adding Title 24 - Cemetery 9. Approval - Vacation, Utility Easement - Valhalla S/D 10. Discussion - Airport Insurance 11. Approval - Shore Fishery Lease - F. Canady 12. Discussion - Lease Agreement - R. Kochanuski - F80 S/D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 minutes maximum) ADJOURNMENT c J �1 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES DECEMBER 18, 1985, 7s00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Beilie, Jess Hall Absents Ray Measles (arrived late) A-1 Agenda Approval a. Mayor Wagoner noted the date of passage on item C-4, Ord. 1102-85 will be corrected. A motion is not necessary. b. Mayor Wagoner asked that item C-10, Liquor License Renewal - The Rig, be added to the Consent Agenda. c. Mayor Wagoner asked that the PO for $1520 for Merit Inn, distributed this date, be added to item G-2, Requisitions Exceeding $1,000. Council approved the agenda as amended. A-2 Consent Agenda MOTIONS Councilman Hall moved, seconded by Councilwoman Bailis, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Or•d. 1094-85 - Amending Zoning Code - Landscape Rego MOTIONS Councilman Hall moved, seconded by Councilman Ackerly, to adopt the ordinance. MOTION, Amendments Councilman Hall moved, seconded by Councilwoman Bailie, to amend the motion to substitute ord. 1094-85, as submitted. VOTE, Amendments KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 2 Motion passed by unanimous consent. PUBLIC COMMEN1s a. Woody Cole, 608 Bridge Access Rd., Kenai, member of the Landscape Board. They have covered the problems they had. They have met with Building Inspector Hackney. COUNCILMAN MEASLES ARRIVED AT THIS TIME (7s1O PM) b. Carmen Gintoli, Architect, Kenai. He was concerned with the cutting of trees on right-of-way. He would like that to be part of the ordinance. Atty. Rogers explained, there is State statute to cover this. Councilman Hall noted, there is still the possibility of single family dwellings in commercial zones that would need to go before the Landscape Bd. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-2 Ord. 1100-85 - Amending Zoning Map - Lawton Acres MOTIONS Councilman Measles moved, seconded by Councilman Wise, to adapt the ordinance. PUBLIC COMMENTs of Bob Nath, ERA Property World, Kenai. Since he initiated the amendment on behalf of Pizza Hut, it has appeared before P&Z 2 times and Council 3 times. The opposition has 3 concernss 1) the need for a buffer zone, 2) a request to restrict traffic increase on Lawton, 3) deterioration of the area due to business. Regarding 0. whatever deterioration will start, has been done. 3 of the 4 corners have been taken. Regarding #2, at a meeting of residents of the area and the manager of Pizza Huts, these 3 concerns and one more (the difference between what a developer says and what he does) were discussed. The suggestion was for a buffer zone to be built, the manager agreed. There would be a 10 ft. green belt, plus a 13 ft. are8 next to it, for a total of 23 ft. of buffer zone. federal Revenue sharing is down. As lose of income increases, there will be pressure for general commercial here. We have an opportunity to decide the best use at this time. There was not enough time for polling all the citizens, but the results he had were gratifying. He had 375 signatures requesting rezoning. Councilwoman Bailie asked if he was aware of the fact that if Council rezones and it goes out to bid, there is no I i i _ n t KEN,AI CITY COUNCIL DECEMBER 18, 190-5 PACE 3 f guarantee Pizza Hut will be high bidder. Mr. Noth treplied, he disagreed with that. Mayor Wagoner r declared the item out of order, oo it did not relate 'F the rezoning. Councilwoman Bailie objected, explain the rezoning hearing is based on the premise that P1 Hut may go in. Atty. Rogers explained, his Nov. 19 �., memo relates to no preference and no commission. U City would be initiating to sell to preclude sale. Noth replied, after that letter, Pizza Hut asked to pay. They followed all procedures for tat right of refusal. Atty. Rogers suggested Council use caution their decision as there may be litigation. Mr. Natt replied it would be brought to Council if there was question. b. Howard Hackney, Kenai. 375 names out of a total of 6,000 people is not overwhelming. The buffer strip on Walker is gone, HEA and the 7.11 store. The fire school on Lawton Acres is gone but the spot is still there. It is a only a matter of time before someone has to have the last piece down there. There are many areas in the City that have not been touched. We have had an individual from Soldotna and 2 from Anchorage say the area should be commercial. where does the man from Kenai coma in on this? The Council is supposed to represent him. The people in Valhalla and the people around the proposed trailer court have told the Council they do not want commercial in their area. Council shold listen to them. j c. Susan Smalley, Beaver Loop Rd., Kenai. There are people that do not live in the area that are concerned* it is one of the few areas that could be used for a bike trail. She did not went it to stay conservation, it should go forward. Anchorage had to buy back land 1 ` } for green belt. If we had to buy back land it would � � have to be used for ball fields, there are no trees 10 . left. E E. d. Karen Dorcas, Kenai. She was speaking for Cheryl Samples and herself. They went through the area and did got 130 signatures in 3-4 hours opposing this. She not know if the Pizza Hut petition was in favor of Hut. She had heard {, rezoning or in favor of a Pizza people were hired to get petitions for Pizza Hut, theirs was voluntary. E. Randy Cole, Kenai. P&Z has turned this down 2 times,, l' Landscape Bd. has turned this dawn, Beautification Committee has turned this down. They are not talking about Pizza Hut, but rezoning. The Landscape Bd. is -- trying to do something creative we can all enjoy. To - change this is going against what they are trying to do. There are other places available. One asked Pizza Hut to give them an offer. Pizza Hut did not reply. i ----- -------- - - i�+�►�rvio�fMli�i�1�1 KF_NAI CITY COUNCIL DECEMBER 18, 1985 PAGE 4 It is also the idea of another pizza hut. There is a time to create an area we cannot touch. In most cities they have to buy back a green belt, we have a chance to have one now. ! f. Jerry R. Carlson, Kenfil. Council voted this conservation zone 1-1/2 yrs. ago. The same people were ! an the Council. He did not know why they would change. The area needs to be preserved, along with other areas. People have made mistakes in the States over development. g. Cheryl Main, 207 Walker, Kenai. The neighborhood is just starting to improve. She asked Council, what if this was their neighborhood? Some say they could just sell, but a lot of people cannot do that. h. Bill Osborne, Inlet View S/D, Kenai. Mrs. Main has to - worry about increased traffic in Lawton, as she is expecting a child. Regarding the green belt, the residents have had a concern and asked to keep this. Other areas in California hove found the wisdom of conservation areas. He asked, how many people would want to live near a pizza hut? There is nothing magic to having it there. People would go to it no matter where it is. i. Don Oberg, Kenai. He has used the area for ecological study at the high school. It is not big but it has wild areas. He is not asking for no development in the future, he does not know what it will be like in the future. To decide to rezone now is poor economics. It may be worth more in the future. We should not worry about the big bucks, but the quality of life. People have bought property there with the conservation area in mind, j. Jerry Hansen, Kenai. There is other land available. He would like to see ue hold onto this land. If people from Kenai went to Anchorage and asked to build on their green strip, they would be laughed out of town. k. Jerry D. Carlson, Kenai. hie. Noth referred to the other 3 corners that are developed. Why should we give up the 4th? There is no reason to change this now, maybe 20 years from now. 1. Lloyd Carey, Kenai. If Pizza Hut goes in, he stands to lose more than anyone else. His house has a 4 plex around it. He could not sell with the Pizza Hut there also. He nos asked to leave it conservation. 375 signatures is not much on the petition. This may be prime commercial, but the people have asked for conservation. r, r KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 5 m, Father Torgonsky, Russian Orthodox Church. He suggested Pizzo Hut be put someplace else ouch no fired Meyer. He was told it would be more expensive someplace else. There are a lot of vacant arena, The City is showing favoritism by giving it to him cheaper, That is unfair. n. C.E. Wallingford, Kenai. From the testimony it should be obvious they do not want it. Pizza Hut could build someplace else. A lot could be done with this land, leave it alone until then. If Pizza Hut moves 1n they will want a beer and wine license. Schools and churches are near. o. Wanda Carlson, Kenai. She does not want buoineooes near her home. They need a buffer between them and the businesses. p. Tommy Thompson tt Inlet View. He noted Mr. Carey (testimony "1") could lose much money. If Pizza Hut had the zoning changed, a used car let could be put in there. Neither Mr. Nath nor the City is willing to stand the lose in value (to the residents). One person who had been asked to sign the petition was told it was next to Craycroft. Councilwoman Bailie suggested creating a new zone for this type of area and require a vote of the people to change. VOTES (Failed): Notion failed unanimously by roll call vote. C-3 Ord. 1101-85 Amending KMC - Lessee of Airport Lando Hunt Lease for Two Years Before Purchase. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There wan no public comment. Councilman Hall requested, if this paos©s, a report from Administration in six months regarding relations with FAA. VOTES (Failed): Yes - Measles, Ackerly, Bailie No - Monfor, Wise, Wagoner, Hall C-W Ord 1102-85 - Increas. Rev/Appns - Repay FAA and State for Prior Grant Reimbursements. KENAI CITY COUNCIL DECEMBER 16, 1905 PAGE 6 MOTION$ Councilman Ackerly moved, seconded by Councilwoman Asilie, to adopt the ordinance. There was no public comment. The motion passed unanimously by roll call vote. Council requested Administration prepare a policy statement on grant administration. C-5 Resolution 85-112 - Transfer of Funds - Senior Citizens, State Grant - $2,740 and $3,480. NOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-6 Resolution 85-113 - Transfer of funds - Shop overtime - $2,000. MOTION$ Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. Public Works Director Kornelis reported the positions have been filled. C-7 Resolution 85-114 - Confirming Assessment Rolls and Fixing Payment - Sprucewood Glen Subdivision, NOTION$ Councilman Hall moved, seconded by Councilman Monoles, to adopt the resolution. There was no public comment. Finance Director Brown reported all those concerned have been sent certified letters; Clerk Whelan has not received any objections. Motion passed by unanimous consent. I y i M { l 0 717 KENAI CITY COUNCIL DECEPRE4 18, 1985 PAGE 7 C-8 Application for Now Liquor License Mr. D. C-9 Application for Liquor License Renewal - Uptown VIP, Back Door. C-10 Application for Liquor License Renewal - The Rig. Approved by Consent Agenda. 0, MINUTES D-1 Regular Aeoting, December 4, 1965. Approved by Consent Agenda. E. CORRESPONDENCE E-1 Soldotne Mayor Farnsworth - Letter to Borough Mayor Regarding Sales Tax. Approved by Consent Agenda. E -2 Alaska Safety Belt Coalition - Request For and Regarding Safety Belts. Council agreed to take no action. E-3 Ginny Chitwood and Company - National League of Cities Meeting in Seattle. E-4 Alaska DNR - Boating Rules of Kenai River, Recommended by Kenai River Special Management Area. Approved by Consent Agenda. E-5 Juneau Mayor Polley - Budget Cuts for U.S. Coast Guard. Council took no action. F. OLD BUSINESS None G. NEW BUSINESS Bills to be paid; bills to be ratified. MOTIONS Councilman Measles moved, soconded by Councilman Ackerlyp to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions exceeding $1#000. o 4. - hI I KENAI CITY COUNCIL BECE14DER 18, 1985 PAGE g MOTION: i Councilman Measles moved, seconded by Councilwoman f4onfor, the addition of $1,520 for Merit Inn. Motion passed by unanimous consent. G-3 Ord. 1103-85 - Increas. Rev/Appno -Water and Sewer. G-4 Ord. 1104-85 - Increas. Rev/Appno - Senior Citizens' State Grant - $909031 G-5 Ord. 1105-85 - Increas. Rev/Appno - Senior Citizens' State Grant - $59638. G-6 Ord. 1106-85 - Increas. Rev/Appns - Senior Citizens' Borough Grant - $249068. G-7 Ord. 1107-85 - Amending KMC - Exempt Personal Property from - Taxation. G-8 Ord. 1108-85 - Amending KMC and Adding Title 24 -Cemetery Approved by consent agenda. G-9 Approval - Vacation, Utility easement - Valhalla Subdivision. g, I MOTION: Councilman Wise moved, seconded by Councilman Hall, that a f letter of non -objection be sent. RN W Motion passed by unanimous consent. G-10 Discussion - Airport Insurance Attorney Rogers reviewed the letter from Walters and Olson, distributed this date. He asked if Council wanted the I indemnification provision and if not, do they want additional insurance. I MOTIONS Councilman Wise moved, seconded by Councilman Hall, that: a. The indemnification hold harmless clause be stricken from the lease. b. Seat liability for carriers for hire should be required to obtain and present proof as part of the losoo ' agreement. I c. Consider raising our own liability, especially umbrella. J i Attorney Rogers asked if the additional premium costs as e � result of increased exposure or increased insurances would i be apportioned among the carriers or apportioned against all lease holders. Council agreed he would preparo a lonoe for i I � 0 KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 9 approval without indemnity provisions, a dollar amount of liability without neat limit and a statement whether the City should raise their insurance coverage. Council asked Attorney Rogers to send this to all three carriers before the January 8, 1986, meeting. MOTIONS Councilman Aekerly moved, seconded by Councilwoman Bailie, to amend the document for Council approval to add suggestions for recouping costs. Councilman Measles noted the umbrella coverage covers all lease holders. The recoupment should be spread to all users of the airport. Councilman Wise suggested the weight should be lowered also; it is 2,000 gross weight now. VOTE, Amendments Motion passed by unanimous consent. Attorney Rogers stated lie would solicit correspondence from the carriers regarding this. PUBLIC COMMENTs a. Jack Birmingham, ERA, Anchorage. He thanked Council for their consideration. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. G-11 Approval - Shore Fishery Lease - F. Canedy Attorney Rogers explained this qoes back to 1978, a ten year lease with market rate to be established at renewal. This is the some rate the State charges - $40 each. Tf Council has no objection, he will proceed. No action taken by Council. G-12 Discussion - Lease Agreement - R. Kochanuski - FBO Subdivision. Attorney Rogers explained he has started enforcing development. Nothing has been done on this, so he has initiated action. Council took no action. H. REPORTS H-1 City Manager ' J r. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 10 City Manager Brighton spoke. e. The Senior Center has been awarded a $40,000 grant for a senior day care program. There will be a resolution at the January 8, 1986, meeting. b. He noted Info. 08 regarding Borough Capital Improvement projects, does not list the improvement of Spur between Kenai and Soldotna. c. He noted Info. #10 regarding FAA funds for airport improvement. Kenai has %1,700,000; $486,000 has to be committed or will revert back to FAA. a. (Continued) Council requested a review of the senior day care center program in advance of the packet. H-2 Attorney None H-3 Mayor None H-4 City Clerk Clerk Whelan spoke: a. She took a head count on those attending the Christmas party December 28, 1785. b. She noted the January Council meetings will be January 89 1986 and January 22, 1986. H-5 Finance Director None H-6 Planning and Zoning None H-7 Harbor Commission Councilman Ackerly reported they have not had any meetings but will be starting again with review of the CIP harbor proposal. H-8 Recreation Commission None H-9 Library Commission Library Commission Chairman Swarner reported the addition has been accepted and thanked Architect Gintoli for the good job he did. December 19, 1985, will be their open house. I y fi p I� eV • i i .,11.,y.. - -/1-17 KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 11 I. PERSONS PRESENT NOT SCHEDULED TO 11E HEARD a. Public Works Director Kornolis. The CIP brochures have been completed and distributed to Council. The narrative has been held, waiting Council direction on priority 022 (Aspen and 50). MOTION$ Councilman Wise moved, seconded by Councilman Measles, to complete the Woodland portion of 5th Avenue rather than bridge the gulley. Motion passed by unanimous consent. Councilman Ackerly asked the cost per copy of the CIP brochures. Answer - about $1.00 each. He suggested the brochures be distributed to all resident of the City. Council took no action. b..n reply to a query, City Manager Brighton said he and Soldotne City Manager. Underkofler would be on KSRM January 6, 1986. c. Councilwoman Bailie said she was a member of the Wildwood Prison Citizens' Advisory Board. The prisoners would like to start a greenhouse to grow plants for the City. They will be pursuing State funds. Council agreed to support the concept. d. Councilwoman Bailie said she received a call from Homer City Manager Calhoun regarding the Peninsula Council Members' joint meeting. She will have a report for Council. e. Councilman Hall said he has received some calls regarding the water system. He asked for a discussion on the depth of the replacement well and if we should drill a new one. Public Works Director Kornelis said he had a water consultant do tests. They said it could be corrected but would not be cost effective. The smell seems to be associated only with heated water releasing gases. Council asked that he have a report for the February 5, 1986, meeting. ADJOURNMENTs Meeting adjourned at 9s50 p.m. r rac)Vm By Janet Whelan 10AA"Ct �� C City Clerk r3ptTs f:. v.