Loading...
HomeMy WebLinkAbout2005-03-02 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us 'I 6:00-7:00 P.M. -- Work Session/Title 17 Proposed Amendments ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding 1�vo New Land Uses and Amending Three Others. a. Substitute Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. 2. Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. ITEM G: MINUTES 1. *Regular Meeting of February 16, 2005. ITEM H: OLD BUSINESS Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 3. *Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly 1/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Balliield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). 4. *Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/Message Trailer. ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTR.ATION REPORTS 1 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 2, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: f Zwww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Cliff Massie Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor Joe Moore Absent was: Linda Swarner A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: ITEM F-la -- Memorandum of clarification regarding Substitute Ordinance No. 2081-2005. ADD TO: ITEM F-la -- Memorandum from M. Kebschull noting an error In the sign code (Attachment D, Page 2) of Substitute Ordinance No. 2081-2005. ADD TO: L-2, Clerk's Report -- Kenai River Center invitation to participate In the "Floodplains: Linking Policy and Science" Conference in Seward, AK on March 31 and April 1, 2005. MOTION: Council Member Butler MOVED to adopt the agenda as amended and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA r r KENAI CITY COUNCIL MEETING MARCH,1�1%2005 PAGE 2 MOTION: Council Member Butler MOVED to approve the consent agenda as presented and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Dan Chay -- Reviewed actions taken and discussions held at the March 1, 2005 Borough Assembly meeting, including the first hearing on the proposed bed tax and the tabling the sales tax cap ordinance. Chay distributed a copy of Borough budget analysis and issues information which he explained he had been discussing with various groups in the borough. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Janie Odgers, Kenai Chamber of Commerce -- Distributed copies of the new business attraction brochure which was developed through the cooperative agreement between the city and the Chamber. She noted, with the brochure being completed, they would now be working on the update of the Chamber's website and producing an informational disk for easy distribution. ITEM F: PUBLIC HEARINGS F-1, Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others. F- la. Substitute Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone (LCZ), Amending the Land Use Table for All Zones in KMC 14.22.010 by Adding Two New Land Uses and Amending Three Others and Clarifying the Development Requirements Table. MOTION: Council Member Gilman MOVED to adopt Substitute Ordinance No. 2081-2005 and Council Member Ross SECONDED the motion. \ KENAI CITY COUNCIL MEETING MARCH X�2005 PAGE 3 The public hearing was opened. Nate Kiel, 404 Lawton, Kenai -- Kiel encouraged council's passage of the ordinance as he believed the establishment of a limited commercial zone (LCZ) is in the best interest of the city in order to develop certain types of businesses with defined footprints next to residential areas. When asked if he is satisfied a 2,500 sq. ft. footprint was sufficient, Kiel indicated he believed larger would be better. Roy Wells, 410 Lawton Drive, Kenai -- Wells reported he received notice the plat was being considered for Lawton Acres and reviewed the ordinance. He stated concerns with the proposed buffer zone, i.e. whether the treed area will remain treed due to Spruce Bark Beetle disease, etc. He stated, though he did not want to circumvent economic development, he urged council to tread very carefully. Mayor Porter noted the business before council was to determine whether or not to establish a limited commercial zone in the Kenai Municipal Code. She added, the Lawton Acres discussion would be coming forward at a later date. Wells also noted, the Kenai Economic Development Strategy indicates not to sprawl out the business area and have some cohesion. He added, if the LCZ can be concentrated in one area, he would be supportive of it. Glenda Feeken, 10692 Kenai Spur Highway, Kenai -- Encouraged passage of the ordinance, stating she felt the limited commercial zone was needed. Feeken stated she believed it would be better to have a larger footprint size allowed as people looking for commercial property, look for larger space. Bob Peters, Old Town, Kenai -- Peters suggested the five-foot buffer referred to on Page 2, Landscaping, be increased as he believed five feet was fairly close. He suggested the five-foot minimum be increased. Council Member Ross stated he understood the limited commercial zone would be used in transitioning neighborhoods and the requirements are more than what would be placed on a residence being built in the same area. He added, the setbacks referred to in the new zone had nothing to do with building setback requirements for a subdivision. Bill Osborn, 423 Rogers Road, Kenai -- Stated he would like the total footprint, including parking lots, access, etc. included in the information. Council Member Gilman stated the restriction, like in other residential lots, that 30% of the property has to be undeveloped, still would apply. KENAI CITY COUNCIL MEETING MARCH,3'z2005 PAGE 4 Gina Kiel, 404 Lawton Drive, Kenai -- Kiel stated she reviewed the information, and as a business owner in Kenai, feels the zone is needed. She added, her business would not be well suited to be next to a gas station or auto -body repair shop. For her business, she felt the smaller footprint would be sufficient, but suggested the allowed footprint be increased to 3,000 sq. ft. and encouraged council to increase it to that amount. City Planner Kebschull explained when the Planning & Zoning Commission began their review of the proposed ordinance, they agreed the footprint square footage is an arbitrary number. They used the Soldotna City Code as a reference which allows 11300 sq. ft. footprint, and felt it was too small. They also used new office buildings built in the city as examples of the types of structures they felt would be built in a limited commercial zone. Those buildings averaged a footprint of approximately 2,000 sq. ft. or less. After listening to the Kiel's concerns, the Commission raised the footprint to 2,500 sq. ft. Kebschull suggested, if council wanted to remain with the 30% lot coverage, a footprint of up to 3,750 sq. ft. would be acceptable. She noted, the 30% lot coverage was included because a large lot might be in the zone and would allow more than one principal structure on it. Kebschull added, if the footprint size remained at 2,500 sq. ft., a developer could apply for a variance. Kebschull also explained, the referral to the buffer in this new zone is strictly a landscaping buffer. She noted, the city's landscaping ordinance is limited in the commercial/industrial zones, requiring a minimum of five percent landscaping and not specific. Kebschull added, they were hoping to create the intent of the zone to be a soft transition between residential and commercial and require landscaping. She noted, the landscaping buffer would be in addition to the buffer required between the lots. Discussion continued in which Gilman asked if retail and wholesale were conditional uses and not permitted. Kebschull confirmed that if someone would want to develop a retail/wholesale establishment, a conditional use permit would be required and additional restrictions could be placed on it as well. Council Member Butler confirmed, if property to be rezoned and included in the limited commercial zone could be larger than the 12,000 sq. ft. minimum, more than one building could be placed on the lot as long as not more than 30% of the lot was occupied. Kebschull added, as long as the required 12,500 sq. ft. per principal structure was met, plus meeting the parking requirements for every use and the landscaping requirement. Council Member Ross asked, if someone wants to develop in the limited commercial ° zone and wants to construct a building larger than the 2,500 sq. ft., application would KENAI CITY COUNCIL MEETING MARCH AZ 2005 PAGE 5 need to be made for a variance, neighboring property owners would be notified, etc., and the Planning 8, Zoning Commission would review the character of the neighborhood to determine whether the structure would fit into the neighborhood, as well as the lot size. Kebschull answered yes. Ross asked if there was an upper limit for which a variance could be requested and Kebschull answered no. Kebschull was asked if the Commission considered types of current zoning to transition into the new zone and Kebschull answered, the Commission are aware of the Spur Highway corridor and the Lawton Acres issues. MOTION TO AMEND: Council Member Moore MOVED to amend Attachment D(2)(A), changing the sixty-four (64) square feet to thirty-two (32) square feet. Council Member Ross SECONDED the motion. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Gilman MOVED to amend Attachment A, 14.20.120(b), removing It . . as long as the footprint of the building does not exceed 2,500 square feet... " and ending the sentence as "Principal Permitted Uses: As allowed in the Land Use Table." Council Member Moore SECONDED the motion. Gilman stated he did not want to establish a zone in which development could become prohibitive when considering costs for two-story buildings, ADA requirements, etc. and not encourage development. Ross stated he understood a limited commercial zone as a means to blend neighborhoods and commercial development; he believed the 2,500 sq. ft. footprint fit the transition; sees it as an effective way to provide a limited commercial zone along the Kenai Spur Highway where there has been resistance in the past; felt the variance permit procedure to be a good way to process requests for footprints larger than the code allows; and, he would support the 2,500 sq. ft. footprint provision. KENAI CITY COUNCIL MEETING MARCH $12005 PAGE 6 VOTE: Massie No Ross No Gilman Yes Butler No Porter Yes Moore No Swarner Absent MOTION FAILED. Moore questioned the provision in Attachment D, Item 3 (e) allowing a maximum 20' sign height in the zone. Discussion followed in which City Planner Kebschull explained the Planning 8, Zoning Commission discussed the issue in detail and agreed they would prefer all sign requirements to be the same. She added, the Commission also discussed the Spur Highway and the issues that came up over the Challenger sign and felt that could be workable. The sign height included in the proposed zone ordinance is less than what is allowed in the other zones. Ross stated he did not feel a 20' height for a sign along the highway would be too high, but felt it would be out of place in a neighborhood area. He asked if there was a way to be transitional without having to request a variance. Kebschull explained, it was 1 suggested a notation be included that if the property abuts a main or arterial street, the sign could be bigger, but not in a neighborhood. City Attorney Graves suggested the sign height could be reduced and an application for variance be required to allow something larger. MOTION TO AMEND: Council Member Moore MOVED to amend Attachment D(3)(e), changing the 20' height to ten feet. Council Member Ross SECONDED the motion and Council Member Gilman requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION TO AMEND: Council Member Gilman MOVED to amend Attachment A, Section (b), changing 2,500 square feet to 3,000 square feet. Council Member Moore SECONDED the motion. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH X�.2005 PAGE 7 Council Member Butler clarified, the council was considering the establishment of a new type of zone in the city and as it takes effect, no property has yet been included in the zone. He asked, as the parcels are identified to be included in the zone, will the Comprehensive Plan need to be amended? Graves reviewed the steps needing to be taken, i.e. identification of real estate to be included in the zone, amending the official zoning map, etc. VOTE ON MAIN MOTION AS AMENDED: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. F-2, Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require Notices of Board of Adjustment Hearings be Sent by Certified Mail to the Appellant and Any Applicant for a Permit Being Appealed From at Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After the Filing of the Appeal; and, Updating and Clarifying Other Portions of the Appeal Process. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2082-2005 and Council Member Butler SECONDED the motion. There were no public comments. Butler asked if a verbal transcript of board of adjustment hearings are required and Graves stated, the public can purchase copies of the taped proceeding and often the City Clerk provides a written transcript of the proceedings for the convenience of administration and council. VOTE: Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Absent MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:08 P.M. BACK TO ORDER: 8:20 P.M. KENAI CITY COUNCIL MEETING MARCH X�2005 PAGE 8 ITEM G: MINUTES G-14, Regular Meeting of February 16, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Proposed Soccer Fields (Section 36) Grant Application Update. City Manager Snow referred to her memorandum included in the packet and noted, a preliminary Land and Water Conservation Fund (LWCF) grant application had been submitted by the city for development of Section 36, Parcel #4301038. The application was ranked and the city is now eligible to submit a final application. Snow noted, a resolution authorizing the grant application and pledging commitment to the project will need to be considered (a draft of the resolution was included in the packet review) ; the city would be required to pledge local matching funds; and, the LWCF requires the property acquired or developed with its funds to be placed in use as an outdoor recreation facility and be retained in such use in perpetuity, unless as otherwise provided and agreed to by the council, the State Liaison Officer, and the National Park Service. Snow requested council's direction whether to move forward with the application. Discussion followed and information noted included: • Of the $310,000 of costs, there is no specific requirement as to how much can be in -kind. • The value of the land is not considered as an in -kind contribution, however fuel, labor, signage, hydro -seeding, etc. would be considered in -kind. Ross asked to have an estimate of what the Public Works Department feels would be a maximum of what would be the city's in -kind contribution and an indication from the Planning Department of future development of the city in that area. He noted, the requirement of "perpetuity" should be taken very seriously. Ross also suggested a plan of the development of the fields, etc. be submitted to the Parks & Recreation Commission for review and to allow further public comment. Porter noted, at this point, the plan is only a concept and if funding is awarded, then a definite development plan would be forwarded to the Commission for recommendation. She added, at this time, council would not be voting on a plan. Ross stated he felt the neighboring property owners, with appropriate advertising made, should have the opportunity to speak to the issue. It was noted, an update of the issue was included on the Commission's agenda for the March 3 meeting and the application will need to be submitted prior to the April Parks 8, Recreation � KENAI CITY COUNCIL MEETING MARCH .Z7%2005 PAGE 9 Commission. Ross noted, the Commission could discuss the layout of the fields, etc. between now and the grant award. Butler requested the projected cost of maintaining the park and Snow noted, rough estimates were included with the preliminary application and more exact information is required to be included with the resolution. It was also noted the grant application is limited to only this parcel; the public hearing on the rezone of Section 36 will give neighboring property owners another opportunity to speak to the rezone as well as the project; council already dedicated the property as "not needed for public purpose"; and, the city could have requested a conditional use permit instead of dedicating the property "not needed for public purpose," however it was felt rezoning the property would be more permanent. Consensus of council was stated as continue with the application. ITEM I: MOTION: NEW BUSINESS Bills to be Paid, Bills to be Ratified Council Member Moore MOVED to pay the bills and Council Member Massie SECONDED the motion. I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly 1/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A Re -subdivision and South of Jettison Junction Subdivision and Southeasterly of Ballfield Subdivision Excluding Evergreen Subdivision Kim Addition From Rural Residential (RR) to Recreation (R). Introduced by consent agenda. � KENAI CITY COUNCIL MEETING MARCH,3'z2005 PAGE 10 I-4. Ordinance No. 2084-2005 -- Increasing Estimated Revenues and Appropriations by $24,042.60 and Transfer in the General Fund for a Grant for One (1) Traffic Safety Speed/Message Trailer. Introduced by consent agenda. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- Council Member Gilman noted, the next meeting was scheduled for March 3, 2005 at 7:00 p.m. at the Senior Center. J-2, Airport Commission -- No report. J-3. Harbor Commission -- Council Member Massie reported the next meeting was scheduled to be held March 7, 2005. Mayor Porter noted Commission Member Jim Spracher passed away recently and a letter will be prepared by the City Clerk to send to his family sending their regards and appreciation of his service to the city. l J-4. Library Commission -- Gilman reported the Commission met March 1 and discussed the different efforts to fund a library expansion. He noted, the Commission would like authority to apply for grants for construction of an additional, which could be grants requiring matching funds from the city and could be paid from other grant funds received through the federal government or private grants. J-5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held March 3, 2005 at 7:00 p.m. J-6. Planning & Zoning Commission -- Council Member Ross reported the minutes of the February 23 meeting were included in the packet. He noted, there were a lot of comments received from neighboring property owners of Section 36 related to the proposed rezoning and development of the property. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- No report. J-7b. Alaska Municipal League Report -- No report. J-7c. Arctic Winter Games -- Parks &, Recreation Director Frates reported the next meeting would be held March 17 and he will be out of town as will the city's alternate, Council Member Massie. 'l KENAI CITY COUNCIL MEETING t MARCH ;K,�42005 PAGE 11 J-?d, Stranded Gas Committee -- Ross reported he participated in a teleconference during the afternoon during which the main item discussed was the PILT payment issue. Ross also gave a brief report on the Governor's Agrium Task Force on which he is the city's representative. Ross noted, it was an organizational meeting; the department of Labor will be addressing concerns of the employees; and, a decision later in the summer or closer to the October 31 previously stated closure date whether to shut down the facility or mothball it. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She met with PenAir officials and toured one of their aircraft. She explained, they are investigating the Kenai market and are very interested in coming into this market if ERA leaves. • She, along with Borough Assembly Member Pete Sprague, met with Tim Anderson and John Duffy of the Matanuska-Susitna Borough regarding their proposed ferry system. The Borough will be requested to become more active in their development efforts. } • She will be attending the opening ceremonies of a statewide Order of Moose convention to be held in Kenai. • She will be leaving for Washington, DC on Sunday to meet with the congressional delegation and attend the National League of Cities Conference. • She has learned a restaurant may be opening in the old Italian Garden restaurant building. • Referred to the memorandum included in the packet from City Attorney Graves relating to tax incentives for improvements to deteriorated properties. She asked if council would like to hold a work session to discuss the issue further. Gilman stated he would prefer waiting until after the budget review. Porter agreed to bring the issue back to council after the budget cycle. ITEM L: ADMINISTR.ATION REPORTS City Manager -- City Manager Snow reported the following: • Reviewed information included in the packet relating to the request for property located along Redoubt Avenue by the Senior Connection/Palladin Group for an assisted living facility site. Snow explained, because the property had been received by the city through foreclosure, she requested City Attorney Graves to provide a memorandum discussing a process of how this property could be granted, sold, etc. to the Senior Connection for the site. She also stated, the Redoubt property is the property the Connection is most interested in acquiring. KENAI CITY COUNCIL MEETING MARCH/3'Y,42005 PAGE 12 Snow suggested council may want to schedule a work session with the Senior Connection Board to discuss the issues involved, however administration will need to know if council wants to move forward with the process. Snow reported she met with Dr. Peter Hansen, who has stated his desire to donate property he owns off Redoubt and adjacent to Woodland Subdivision for an assisted living facility site. She noted, Hansen stated the city would have to assume the cost to connect the property to water and sewer. Snow stated, in speaking with Jim McConnell, the Connection's consultant, he expressed concern the Hansen property may be too close to the airport to qualify for AHFC funding. Gilman stated his desire to move ahead with the ordinance (draft included in the packet) to amend the code which would allow the city the ability to go into along -term lease with the Redoubt property, suggesting the ordinance be introduced at the March 16 meeting. A brief discussion followed regarding three properties, i.e. Redoubt (city -owned property), Swires Road (borough -owned property), and Redoubt (Hansen -owned 1 property). Gilman noted he had not discussed the availability of the Swires property � with Assembly Member Glick or Mayor Bagley as the process to transfer the property, if the borough agreed to do so, would not fit within the timeline for the grant. Porter noted, the city would have to provide water/sewer to the Hansen property which would be very costly. Snow noted, water/ sewer is available to the city -owned Redoubt property and it is the Connection's first choice for a site. Attorney Graves stated he believed the ordinance should be introduced and council consider a work session with the Senior Connection to discuss issues regarding costs, i.e. if council would want to split the costs with the Connection (since they would be using only a portion of the tract of property), etc. Graves added, the cost of the Redoubt property would be $41,000 which represents assessment costs and borough property tax costs and added, he was not aware of any other costs involved. There would be no other city participation, other than the cost of the land. Porter confirmed, the council would consider only the land donation. Consensus of council was for the ordinance to amend the code be included on the next agenda for introduction. L-29 Attorney -- City Attorney Graves reported Representative Chenault introduced HB 184 control a municipality's ability to regulate firearms. He explained, currently Title 29 states, "...a municipality may not, except by ordinance ratified by the voters, restrict the right to own or possess firearms within a residence or transport unloaded firearms." The proposed amendment would read "...a municipality may not enact or enforce an ordinance regulating the possession, sale, transfer, use, or transportation of firearms that is inconsistent with state law." KENAI CITY COUNCIL MEETING MARCH `3'?2005 PAGE 13 Graves explained, his concern the word "use" is fairly broad and currently, the city has an ordinance restricting the discharge of firearms in certain areas of the city. He added, he is concerned the bill could be interpreted to prohibit the city from banning the discharge of firearms. Graves stated he wanted to write to Representative Chenault and express the city's concerns and ask if it his intent to eliminate the city's ability to prohibit the discharge of firearms in the city and if it is not his intention, request he amend the bill or include legislative history in the record stating the intent. Council stated no obj ections to Graves writing the letter. L-3. City Clerk -- Clerk Freas reported council, administration, and Planning 8v Zoning Commission members were invited to attend the two-day seminar, Floodplains: Linking Policy and Science Conference in Seward. She noted, the city code allows members of the Commission to travel if council has no objections. Council stated no objections to members of the Commission to attend the conference if desired. Snow noted Public Works Manager Kornelis would be attending from administration. Council Member Butler stated interest in attending. ITEM M: DISCUSSION M-11 Citizens Bob Peters, Old Town, Kenai -- Wished Mayor Porter good travels to Washington, DC. M-2, Council Moore -- Stated he thought the floodplain conference is an important issue and agreed it would be better to discuss the tax incentive issue after budget review. Massie -- No comments. Ross -- No comments. Gilman -- No comments. Butler -- Stated he hoped to attend the floodplain conference. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:20 p.m. Mi tes tran cribe d prepared by: By C"UHM, Carol L. Freas, City Clerk amwW,<a+r>