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Home My WebLink About1984-03-21 Council MinutesA. 8. C. D. E. F. Z, 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. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Clarence Ladd - Cleaning up streets and old buildings in Old Kenai 2. Bruce Robson with McLane - Section 36 status report 3. Eddie Turner - Peninsula Savings 6 Loan - Automatic Telling Machines at Airport PUBLIC HEARINGS 1. Ordinance 917-84 - Amending Kenai Municipal Code - Preference to Purchase Applications Over Lease Applications in Selling City -Owned Lands 2. Resolution 84-27 - Setting a Date of Public Hearing on the Proposed Regency Pointe Assessment District 3. Resolution 84-28 - Transfer of funds on MAP Project - Additional Engineering - $38,362 a. McLane's Cost Estimate for Additional Work - Magic Avenue & Water do Sewer 4. Resolution 84-29 - Urging the Legislature to Adopt a Formula Funding Program for Municipal Assistance 5. Resolution 84-30 - Urging the Legislature to Adopt the Revision of Title 29 6. Resolution 84-31 - Urging the Legislature to Adopt SB 417 Sub. on the Kenai River MINUTES None CORRESPONDENCE OLD BUSINESS G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. *Requisitions Exceeding $1,000 3. *Ordinance 920-84 - Increasing Rev/Appns by $S8,555 In a New Capital Project Ciotiiled "Camel Circle" 4. *Ordinance 921-84 - Increasing Rev/Appns by $1,500,000 In a New Capital Project Entitled "FSS Facility" - Flight Service Facility 5. *Ordinance 922-84 - Increasing Rev/Appns by $80,000 In a New Capital Project "Community Center" 6. Lease Application - Tommy Partee - Tract A - Sprucewood Glen Subdivision - Retail Mall 7. Discussion - Regency Pointe Assessment District S. Discussion - Vacation of Utility Easement - Lots 10 & 11, Block 1, Kenai Peninsula Estates, Part Three 9. Discussion - Airport Terminal Requests 10. Discussion - Wince, Corthell, Bryson Claim - Forest h Gill 11. Discussion - Raven Transit Lease Amendment Request 12. *Games of Skill do Chance - Kenai Peninsula Home Builders Association H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning A Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 11 KENAI Cll' REGULAR MEETING, MINUTES MARCH 21, 1984. 7s00 PM KENAI CITY ADMiNIS'.RATION BUILDING MAYOR TON WAGONER PRF51DING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Wagoner, Ackerly, Bailie, Hall, Measles, Monfor, Wise Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item 8-3 should read "Automatic Teller Machines---" b. Mayor Wagoner asked that item G-11, Raven Transit Lease, be omitted. c. Mayor Wagoner asked that item H-10, Community Center Report, be added. Council approved the agenda as changed and corrected. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the Consent Agenda as sumbitted. MOTION, Amendment to Consent Agendas Councilman Wise moved to removed items G-4 and G-i from the Consent Agenda. No second or vote is required for removal from the Consent Agenda. VOTE, Consent Agenda: Motion passed unanimously by roll call vote. S. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Clarence Ladd - Cleaning up Streets and Old Buildings in Old Kenai Clarence Ladd, Box 1404, Kenai. The title was misleading, he did not want the old buildings cleaned out, just the burned buildings. He distributed pictures of burned out buildings and parking congestion in Old Town. He explained, the Fire Chief said we have to get permission from the land owners to dispose of them. They are an eyesore and dangerous, and should be removed. Main St. parking problem. Cars are parked on both sides and it is difficult to drive through there. Patrons of the bars are parked there, there is also a safety concern. Fire trucks cannot get through. MOTIONS Councilman Wise moved, seconded by Councilman Measlea, for Administration to proceed under current established ordinance to remove the buildings. Motion passed unanimously by roll call vote. Clerk Whelan was asked to notify City Manager Brighton and ask that a report be given to Council. Hl I 0 KENAI CITY COUNCIL MARCH 21, 1984 Page 2 MOTIONt Councilman Wise moved, seconded by Councilwoman Bailie, to ban parking on Main St. between Spur and Cook. Councilman Wise requested that all those in the area be notified about the ordinance, let the people have a public hearing, have comments from the Police and Fire depts. Motion passed unanimously by roll call vote. B-2 Bruce Robson, McLane - Section 36 Status Report They will submit the preliminary copy of the final plat at the April 4 meeting. They will go ahead with the administrative procedures at that time. The final filing will be about April 15. They are working on the design, it is about 60% complete. They will submit to DEC next week. There should be total completion by May 15. They needs a. Finalization of the name of the subdivision. They recomatend either Rocky Point or Rocky bluff. b. Street names. They have alpha and number now. They will need about 3-4 weeks from now. Louncilman Ackerly noted they should be careful on the size parcels due to awkwardness of development. Mr. Robson said they discussed getting into water & sewer in some areas. They did do preliminary costs. Some areas were broken down into smaller tracts, that gives flexibility. MOTIONS Councilman Wise moved, seconded by Councilman Measles, that the subdivision be called Bluff, and name the streets after Alaska birds. Councilman Measles asked if the Code deals with naming of streets. Public Works Director Kornelis replied, the only thing they have is avenues, lanes and streets. There used to be a system, but it is no longer in effect. Councilwoman Monfor recommended Rocky Point, it is the geographical location where the Indians went to get food for the winter. Bluff could be anywhere. MOTION, Amendments Councilwoman Monfor moved, seconded by Councilman Wise, to amend the motion to Rocky Point. - Mayor Wagoner suggested having a study, and have Land �., Manager Labahn bring back a report. VOTE, Amendment (Passed)s Yess Wagoner, Bailie, Measles, Monfor, Wise Not Ackerly, Hall ' MOTION, Postpone: v Councilman Ackerly moved to postpone action till the April 4 meeting. 4� Motion died for lack of a second. ' Mr. Robson noted there is already a Rocky Point -I subdivision. .l KENAI CITY COUNCIL MARCH 21, 1984 Page 3 VOTE, Main Motion as Amended (Failed): Yes: Wagoner Nos Ackerly, Bailie, Hall, Measles, Monfor, Wise Mayor Wagoner asked Land Manager Labahn meet with P&Z to obtain recommendations for 2 or 3 names for the subdivision and streets, and have community involvement. Land Manager Labahn said it would be on the P&Z agenda. 8-3 Eddie Turner, Peninsula Savings & Loan - Automatic Teller Machines at Airport Mr. Turner introduced Hazel Heath, Janet Turner and Galen McCord of Peninsula Savings & Loan. He explained he was requesting Alaska Option be put into the airport terminal. It is good for tourists and residents. It is almost impossible to cash a check. There are 12 institutions involved with this. 200,000 customers in Alaska; 47,000 cards outstanding - most in Anchorage. They have 33 ATM's ' in the State; 85,000 transactions per month. They are joining with Instant Teller network in the Western states, American Express and National Network can be used. The machine would be free-standing, would cost about $35,000, $10,000 to install. There would be 24 hour per day access. Alaska Option card are offered by: { a. Peninsula Savings ' b. Alaska Statebank c. Alaska USA Federal Credit Union Mayor Wagoner said Administration has asked for a work session to discuss this and other terminal applications. He promised to get back to Mr. Turner. —'' C, PUBLIC HEARINGS r C-1 Ordinance 917-84 - Amending KMC - Preference to Purchase - Applications Over Lease -Applications in Selling City - Owned Lands =' MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Resolution 84-27 - Setting a Date of Public Hearing on the Proposed Regency Pointe Assessment District MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-3 Resolution 84-28 - Transfer of Funds on MAP Project - Additional Engineering - $38,362 a. McLane's Cost Estimate for Additional Work - Magic Avenue and Water & Sewer �r•n I •� i KENAI CITY COUNCIL MARCH 21, 1984 Page 4 L' MOTIONS Councilman Measles moved, seconded by Councilwcman Bailie, to adopt the resolution. PUBLIC COMMENTS Rick Baldwin. He is a resident of the area of proposal. There is a memo from Mr. McLane in the packet and he distributed his figures this date. Cinderella and Princess were to be graveled. There was a request for Magic also. He lives on the corner of Magic and Princess. Several of his neighbors asked for an upgrade of Magic. He is not objecting to upgrading of Magic. Now there is a proposal for water & sewer in the area. How will that benefit the people there? There are 24 structures there. Each one has a well b septic system. Most are about 10 yrs. old and have been functioning. 9 are owner -occupied. These people chose to live in an isolated area. The City should check to see if it is cost-effective. This will benefit the land speculators. Cost per landowner is $20,000. The owners of leased tracts of land would be able to sell off for profit. Before the City benefits special people, they should check if they want the benefit and if they would pay for it. The only wzy to do it is with an assessment district. Tied to this issue is Section 36. There is a big block of land to be developed. If the City persists in opening up land they will flood the area. Anyone coming in to Section 36 could not make an offer as good as they would if there was not so much land available. Does this set in the overall plan? The water situation is near the critical point in Thompson Park. More people would be benefited there. Those people want fire protection and police protection. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the resolution to change the amount from #38,000 to $9,100 and delete "and water & sewer" from the 2nd paragraph. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed by unanimous consent. McLANE CONTRACTS MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to increase the contract with McLane by $9,100. Motion passed by unanimous consent. C-4 Resolution 84-29 - Urging the Legislature to Adopt a Formula Funding Program for Municipal Assistance MOTIONS Councilman Measles moved, seconded by Councilwoman Monfort to adopt the resolution. There was no put:lic r,omment. KENAI CITY COUNCIL MARCH 21, 1964 Page 5 Mayor Wagoner asked Clerk Whelan to distribute to all legislators, the Governor and Alaska Municipal League Office. C-5 Resolution 84-30 - Urging the Legislature to Adopt the Revision of Title 29 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. Mayor Wagoner asked Clerk Whelan to distribute to all legislators, the Governor and Alaska Municipal League Office. C-6 Resolution 84-31 - Urging the Legislature to Adopt SB-417 (Substitute) on the Kenai River MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENTs Ruby Coyle. She is not opposed to the resolution, but she is concerned if anyone had seen the substitute as of now. Many federal people that have regulatory authority over the Kenai River went to the hearing. Her concern is, do we know what we are endorsing? Mayor Wagoner explained the committee can substitute a bill and send it back to the Senate, they do not have to send the original. Both bills are in Senate Resources Committee. Mrs. Coyle asked if they considered how much river they would take. Mayor Wagoner replied, from the bridge down. The bill says the City will control within the City. Mayor Wagoner then announced this bill did pass out of the Resources Committee this date without amendments. He will ask P&Z to prepare an ordinance to govern the river within the City. John Williams. He wanted to remind Council that some time back the City granted title to the Coyles. They have a legal claim to a portion of the river. They have a right to anchor their boat. Councilman Wise asked if, when a resolution relating to a Legislative bill is in the packet, that Council have a copy of the bill included. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend reference to Committee Substitute SB-417 to read CSSB-417, and end the heading with the word "RIVER." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote, Councilman Wise was absent for the vote. KENAI CITY COUNCIL MARCH 21, 1984 Page 6 Clerk Whelan was Asked to distribute to the Governor, the Legislators from the Peninsula, the House Resources Committee, the Senate ?-so-!eces Committee, Ray Gillespie in the Governor's office, Kenai Borough Mayor and Soldotne Mayor. G-4 Ordinance 921-84 - Increasing Rev/Appna by $1,500,000 in a New Capital Project Entitled "FSS Facility" MOTIONS Councilman Measles moved, seconded by Councilman Hall, to introduce the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Hall, to amend the ordinance to reed, 2nd WHEREAS, "commitment by the City proposal is limited to $1,500,000, and " Finance Director Brown explained, we could be committed to the excess, it would be billed to FAA over a 20 year period. The amendment would not be correct. Atty. Rogers explained, FAA is committed to reimburse us between $150,000 and $200,000; the upper limit could be $2 Million. Mr. Brown added, at this point we have limit by ordinance till we came back to Council and addressed the ordinance. This imposes a limit. Councilman Wise said he would rather state that any excess would be reimbursed to the City by FAA. We presumably would need supplemental appropriation to complete. If we are going to the public saying $1.5 Million and knowing we need more, we are misleading the public. Mayor Wagoner said it will not cost us more than $1.5 Million, it wAll cost FAA. The rest is reimbursable. VOTE, Amendments Motion failed unanimously by roll call vote. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Monfort to amend the ordinance, 3rd WHEREAS, add "FAA has agreed" VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. Councilman Wise asked if there could be a copy of the proposal in the next packet and available to the press. G-5 Ordinance 922-84 - Increasing Rev/Appna by $80,000 in a New j Capital Project "Community Center" MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Lisa said this is premature. We have not selected the site or concept of the facility. We are taking money from the library that was appropriated. We have an indication from the legislature that we will have some money. It is also from the police addition. Mayor Wagoner said the money allocation for library and police was for design only. This is surplus. Cetinvilmon Ackerly said he -3, i ._L a s ;, KENAI CITY COUNCIL MARCH 21, 1984 Page 7 thought that was for furniture. Fin .Dir-Brown said if new furniture were an integral part of construction it could be used. He added, he did not take all the money out of the account, there will be about $30,000 left in each of the 2 funds in addition to engineering design. Councilman Wise said even if we get State money for the library, it will not fund the type of structure the Library Commission wants. MOTION, Tables Councilman Wise moved, seconded by Councilman Ackerly, to table the motion. VOTE, Table (Failed)s Yess Ackerly, Wise Nos Wagoner, Bailie, Hall, Messiest Monfor VOTE (Passed): Yess Wagoner, Ackerly, Bailie, Hall, Measles, Monfor Nos Wise G-6 Lease Application - Partee,Tract A,Sprucewood Glen S/D- Retail Mall MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to approve the lease application. Councilman Ackerly asked if this was being submitted as a concept. Land Manager Labahn replied, this is the complete application. One component not in the packet is the site plan. He reviewed this. Councilman Ackerly asked Mr. Labahn if he and P&Z were satisfied with the landscaping. Mr. Labahn replied most of the tract will be parking. A 20 1DwAr401_ ft. will be left. Most of the vegetation retained w be street right-of-way. Councilman Wise asked, what is the lease rate? Mr. Labahn replied, appraisal heo been ordered. Councilman Ackerly asked about the problem with the zero lot line. Mr. Labahn replied, it will conform. They have the right under the Code to go to the lot line. There will be a walk-through mall between. There is no access to Walker Lane. Councilman Wise asked if we are going to plat the extension of Tern. Mr. Labahn replied, PhZ had a public hearing regarding punching Tern through to Walker. There has been no action. Motion passed unanimously by roll call vote. G-7 Discussion - Regency Pointe Assessment District Land Manager Labahn explained, last Fall there was a discussion regarding Candlelight Dr. Ext. Council was willing to grant public use easement to Burnetts if there was proper approval from the State. This has not happened. They have requested the City dedicate matching 30 ft. right-of-way on Windsor. The designation of parklands would be taken out and the City would have to replace. Mayor Wagoner said when the Burnetts came to the City there was discussion of pursuing an exchange of property on parks va other land. Mr. Labahn said we have had no reply from the State. Mayor Wagoner asked to have the minutes reviewed regarding Ord. 870. Mr. Labahn said we have made written application for finding of consistency with the State and Federal governments. The State has not convoyed to us if they will accept. There might be a chance since Candlelight KENAI CITY COUNCIL MARCH 21, 1964 Page 8 was an existing road; but a 30 ft. match may not be acceptable, there is no existing rosti. MOTIONS Councilwoman Bailie moved, seconded by Councilwoman Monfor, that the parties involved in the Regency Pointe 5/D he responsible for cost of appraisal, surveying and platting on right-of-way on City -owned lands. PUBLIC COMMENTS Jill Burnett, Box 1022, Kenai. At the last meeting, the Council requested they upgrade Candlelight out of private funds because they were the sole beneficiary of the road, even though the road has been there many years. Access is by Linwood to the borrow site, the other is Candlelight Ext. When they build Windsor Dr., it will access south boundary of parklands. This was the basis for their request for the City to upgrade and provide a 30 ft. swap. They are not asking for the City to contribute to them, they are opening up lands. Mayor Wagoner said when they came to Council there was discussion regarding future development. Council asked if there was right-of-way on the other end. Burnetts said it would be private and would not open. Mra. Burnett replied, they said they would not open last year. At the time they opened up they Mould use Candlelight and it would not be isolated. They said they would be back to Couneil when we were ready to open up. Mayor Wagoner said the City does not have a legal road on Candlelight Ext. Till we have permission we cannot make a decision. MOTION, Amendments Councilman Measles moved, seconded by Councilman Wise, to amend the motion that the cost of appraisal, surveying and platting be oplit 50/50 with the land owner. Councilman Monales said if the government decides we can qo ahead with Candlelight Ext. as a street and Windsor can be put in with 30 ft. dedication this will eventually be City maintained streets. Councilman Wise said Windsor will open up parklands. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE; Main Motion so Amendeds Motion passed unanimously by roll call vote. MOTION$ Councilman Wise moved, seconded by Councilman Measles, to move in the same general plat. (NUTEs This refers to platting replacement parklands easterly of adjacent to existing Parka and Rec tract) Motion passed by unanimous consent. Mayor Wagoner said this action makrrs question 03 moot. Finance Director Brown noted, regarding Candlolthht. the motion made at the last meeting war) not clear. Is Candlelight added to the cost of the suoesamunt dtstrict.7 Council agreed that, it was. KENAI CITY COUNCIL MARCH 21, 1984 Page 9 G-H l)tncuonion - Vacation of Utility Fabament - Kenai Peninaula Eotaton MOTIONs Councilman Wine moved, aeeonded by Councilwoman Monfor, to approve tho vocatian. Motion panned by unanimous consent. G-9 Oiscuenion - Airport Terminal Requests Mayor Wagoner requented thin item be postponed for a work no"nion. Councilman Wise asked the Administration recommend what facilities will be in the airport and what remodeling will be done. Mayor Wagoner noted this was in the packet material. Council agreed to a work eeaaion Wednesday, March 28 at 700 PM in the airport terminal. H. REPORTS H-1 City Manager None H-2 Attorney None H-3 Mayor Mayor Wagoner spoke. a, tie has appointed Councilwoman Bailie so ad hoc member of the Mayor's Council on Aging. No will be meeting with City Manager Brighton and Atty, Rogers► to re -work the Council on Aging, By -Lawn, etc. b. He asked Council to review the letter regarding the Enstar purchooe, and they will review at the April 4 meeting. H-2 Attorney's Report, Continuods Atty. Rogers woo asked about re -hire. He replied he will ties previouo appropriated funds to extend Margaret Reetoucher's contract.. She will come back for 30 days or mono, conoulting moneys will be used for the balance after the 30 daya. H-4 City Clerk None 11-5 i inance Director None H-6 Planning h Zoning Councilman W1ae paid there will be a public hearing on the zoning ordinnnr.e next week. (March 28) 14-7 Harbor C omminninn Nurse KENAI CITY COUNCIL MARCH 21, 1984 page 10 H-8 Recreation Commission Recreation Director McGillivray spoke. So The parks inventory was distributed this date. Beaver Creek was not included. He will distribute to Council. b. The ski trail constructed by Ca-1 Van Buskirk. The brush was cleared and the signs are up. We can use it next year. He suggested a letter of appreciation be sent to him. He will also have this added to the parks inventory. H-9 Library Commission None H-10 Community Center Committee Councilwomen Sailie spoke. The minutes are in the packet. A formal presentation will be at the April 18 meeting. The site will be the Daubenopek property whore the towers are. It would be 17,000 sq. ft., one large roam, 7,500 sq. ft. for 500 people at a eit-down dinner. Before they decide on a design, they would like the committee to go to .;itka, Valdez and Juneau for review. She asked Council to approve 3 members. Their next meeting is April 11. Finance Director Brown said there are funds available in the Legislative account. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to approve the request. Motion passed unanimously by roll call vote. 1. PERSON PRESENT NOT SCHEDULED TO BE HEARD a. Councilman Aekerly expressed appreciation to Land Manager Labahn for the draft land sale procedure in the packet. Mr. Labahn explained this is the first draft. b. Councilman Measles asked, when will we start sweeping the streets? Public Works Director Kornelis replied, they are oweeping the airport, then they will do the streets. c. Councilman Wise said he will be in Juneau Wed. regarding Title 29. (March 28) d. Mayor Wagoner said the "Welcome to Kenai" sign has been started. We will need a permit from the State. The Garden Club will landscape around it. e. Councilwoman Monfor noted in reviewing the parks report, she did not know we had such good park facilities. We uhould let new people know about the parks. ADJOURNMENTS APPROVED BY CgUhiCii. M0,e�eit ing adjourned at 9:35 PM. y/.•y.�S/ IWI:/4 nr.TE CITY CLERK anet Whelan. City Clerk