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HomeMy WebLinkAbout2005-03-16 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 16, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt : ZZw�wv.c0 kenai.ak.us 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) 1. Christy Miller -- FEMA/National Flood Insurance Program 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. 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). 2. 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. 3. Resolution No. 2005-07 -- Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. �l ITEM G• j ITEM H: 1. ITEM I: 1. 2. MTNTTTF.q *Regular Meeting of March 2, 2005. OLD BUSINESS Approval -- Kenai City Council Student Representative Policy NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 3. Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." 4. *Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c)(3) Non -Profit Corporations Without Public Sale at an Agreed -Upon Consideration. 5. *Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R 11 W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. 6. Approval -- Request for Termination of Lease/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. 7. Approval -- Renewal of Shore Fishery Lease/Randy Canady -- Tracts 5 8v 6, Shore Fishery Plat No. 71 ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8, 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: ADMINISTRATION REPORTS { 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 16, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ,www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER ITEM A: CALL TO ORDER MTMTTF.q 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: Rick Ross Blaine Gilman 7:03 .m. James N. Butler, III Mayor Pat Porter Joe Moore Linda Swarner Cliff Massie A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: REPLACE: F-3, Resolution 2005-07 -- Estimated Annual Operation & Maintenance Costs attachment to memorandum included with resolution. ADD TO: Item I-3, Ordinance No. 2078-2005 -- Addendum to 3 / 7 / 05 memorandum, with w/ s regulations & rates comparison, included with the ordinance. ADD TO: Item L-1, Department Head Reports -- Kenai Fire Department Report MOTION: Council Member Moore MOVED for approval of the agenda with the requested changes and Council Member Massie SECONDED the motion. Council Member Ross requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 2 Mayor Porter noted the following: REPLACE PAGE NO. 8: Item G-1, 3/2/05 Council Meeting Minutes (correction at H-1, second bullet, the value of the land is not considered an in -kind contribution... MOTION: Council Member Moore MOVED to approve the consent agenda with the noted change to Item G-1 and Council Member Ross SECONDED the motion. Council Member Massie requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Christy Miller -- FEMA/National Flood Insurance Program Miller clarified, she is employed by the Department of Community 8v Economic Development at 550 West Seventh Avenue, Anchorage. Miller discussed the National Flood Insurance Program (NFIP) made available through the federal government. She explained, though the City of Kenai is within a flood hazard area, the city does not currently have an ordinance meeting federal standards for flood insurance and without one, no federal financial assistance for acquisition or construction purposes is available for properties within the city limits. Miller noted, because new maps and updating of maps is taking place with federal funds, this would be an opportune time to participate, flood insurance will cover flood - related erosion, and it is a good public policy for the city to consider participating. She added, the city would be covered for damages caused by coastal storms if it has a federal flood insurance policy. Council Member Swarner reported she had not had any comments from constituents after the 1995 flood stating they wanted the city to participate. She added, she would not support the city's participation at this time. Miller reminded council of the Flood Plain Conference scheduled to be held in Seward on March 31 and April 1, 2005. City Manager Snow asked if there would be any way to fit Kenai in the updating of the maps as the maps would be very helpful to the city's planning department. Miller answered, if the use would work into the Borough's mapping of the river area and indicated she would discuss the issue with the borough's planning department. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 3 ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick -- 1601 East Aliak, Kenai. Glick reported on actions taken at the Assembly meeting of March 15 which included the second hearing held on the proposed bed tax ordinance. She noted, comments ranged from "unfairly targeting lodging entities" to "in support as an additional avenue for revenue generation." She added, amendments will be made to the ordinance before it is considered for passage and the next public hearing is scheduled for April 5. Glick also noted an ordinance suggested by the mayor to provide for increased revenue enhancement measures was introduced and included increasing the sales tax to 21/2%; recommending recreational reducing the senior citizen/ disabled veterans property tax exemption to the first $200,000; providing that taxes on recreational package sales be calculated on a per -person per -day basis; and, imposing a cap on the amount of funds held in the Land Trust Fund. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, KCVB Executive Director -- 11471 Kenai Spur Highway. Renken noted activities to take place at the Center including an Easter egg hunt; Project Kenai; and, organizing a Saturday market. Renken also noted the next board of directors meeting would be held on March 28. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2083-2005 -- Rezoning that Portion of the Easterly I/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). MOTION: Council Member Gilman MOVED for adoption of Ordinance No. 2083-2005 and Council Member Massie SECONDED the motion. The floor was opened for public hearing. Ben Langham, 1806 Fourth Avenue, Kenai -- Langham reported he resides at the corner of Evergreen and Fourth Avenue. Langham referred to a joint letter submitted KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 4 by property/homeowners in the Evergreen Street area which was included in the packet. He noted, they understood the proposal for placement of soccer fields in the area with future proposed plans to add ballfields, a campground and park. He requested council to consider their concerns expressed in the letter. Langham also stated he understood council was considering the rezoning of the area and not the use of it with this ordinance, though what would be included in the development would affect the homeowners there. Violetta Strait, 308 Evergreen Street, Kenai -- Ms. Strait referred to comments she heard at the Planning & Zoning Commission meeting, including: • There is no park in the area for the neighborhood. Strait stated a park is currently at the end of Fourth Street, though it is not used because it is a private area. She is concerned about its use if there is an Evergreen Park too. • Very concerned of increased dust in the area. Many of her neighbors have asthma concerns. It was understood there would not be grass planted. They bought their property because they felt it would be a housing area and not people playing. • There must be a bigger buffer zone. • Maintenance costs are a concern. Comments at the Commission meeting mentioned the soccer league may help in some of the work. She does not want a messy area. • She is concerned of the people who may want to access the fields from Evergreen and the increased foot traffic to the fields through private property. Strait also submitted a letter from Sue Olson and requested the letter be read into the record. Strait stated she would appreciate the council considering her concerns and added, she would like the area to remain a quiet one and suggested a user agreement including noise control regulations. In response to the concern stated of additional dust, Parks 8v Recreation Director Frates indicated the entire area will be seeded. Strait noted, it had been indicated the parking areas would not be paved, which will increase dust in the area. Council Member Moore invited Strait to attend the upcoming Parks & Recreation Commission meetings and participate in the planning of the fields. Letter of Sue Olson, 313 Evergreen Street (and adjoining lot) -- City Clerk Freas read the letter into the record which expressed the following points: • Concern of the proximity of the soccer fields in relation to the four existing homes located next to the proposed area of development. • Suggested an adequate buffer zone between the homes and fields. • Concern the existing trees would be removed that currently provide pY� rivac sound and wind barriers and dust control. / KENAI CITY COUNCIL MEETING MARCH 16 2005 PAGE 5 • Concern additional foot traffic could develop. • Concern unsupervised children could come onto her property if an adequate buffer is not there and suggested a fence along the buffer be included. • Suggested the fields be designed to not be placed directly behind the existing homes. There being no further public comment, the public hearing was closed. Council Member Ross stated he would support the rezone. He noted, the property to be used is the old land fill which will never be used for development and using the area for recreation is an appropriate use. Ross stated he felt the planning of the area should be returned the Parks 8v Recreation Commission for their review and recommendation and allow the community time to make additional comments. Council Member Butler stated he would support the rezone. He stated he had driven around the neighborhood and understood the concerns of the property owners. Butler also stated he appreciated the constructive comments made and he would do his best to incorporate the concerns in the development of the property. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY, F-2, 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. MOTION: Council Member Massie MOVED for approval of Ordinance No. 2084-2005 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. Jim Jenckes, 616 Maple Drive, Kenai -- Stated his support of the acquisition of the trailer as the indication of the vehicle speed helps drivers to remain within the speed limit. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 6 Lt. Kim Wanamaker, Kenai Police Department -- Explained the trailer discussed in the ordinance had not yet been purchased. However, there is a trailer being used currently which is property of the Department of Transportation and is on loan to the city. Wanamaker also noted, the speed trailers are used to enhance motoring safety and create a preventive measure instead of reactive. It was also noted, the trailer will have, a message board which will be able to be used to warn of road conditions, closures, etc. There being no further requests to speak from the public, the public hearing was closed. Moore, Massie and Ross stated their support of the ordinance. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. F-3. Resolution No. 2005-07 -- Authorizing Application for Funding Assistance for an Outdoor Recreation Project, Kenai Soccer Park, to the State Liaison Officer as Provided by the Land and Water Conservation Fund. MOTION: Council Member Gilman MOVED for the adoption of Resolution No. 2005-07 and Council Member Butler SECONDED the motion. The floor was opened to public hearing. Greg Zorbas, 1308 Barabara Drive, Kenai -- Zorbas stated he was involved with the soccer program as well as Pop Warner football. Because of the number of children participating in the programs, they are always in need of areas for practicing and playing. He stated his support of the grant application for building fields. Jack Evans, 308 James Street, Kenai -- Evans explained he is employed by the Kenai Peninsula Borough as the lead landscaper. He noted difficulties experienced to get on the fields to maintain them because of the amount of users. He encouraged the council to support the resolution as additional fields are desperately needed. J KENAI CITY COUNCIL MEETING MARCH 16 2005 PAGE 7 Mack McBride, 1111 Fifth Street, Kenai -- McBride explained he is employed by the Borough as the maintenance coordinator and is responsible for landscaping borough wide. McBride stated, fields must be kept in good condition for safe use. When they are used a lot they can become unsafe and have to be closed until the condition is safe again. With additional fields available, it will be easier to keep and maintain safer fields. Jim Jenckes, 616 Maple Drive, Kenai -- Jenckes stated his support of the resolution, and added, additional soccer fields in Kenai would be great and it might bring more people into the area. Mike Tilly, 115 Iowa Street, Kenai -- Tilly explained he is a "soccer Dad" and is a member of the Soccer Club Board of Directors. He added, their club continues to grow and has up to 250 participants. Tilly stated, he helped Parks 8, Recreation Director Fates in collecting information for the grant. He noted, the Club does not feel it is a singular -use area and considered other user groups. Tilly stated, they need more safe fields and encouraged council's support of the grant. There being no other public wanting to speak, the public hearing was closed. City Manager Snow noted the following: • The city's match for the grant would probably be paid from the current budget. The document identified Daubenspeck and General Fund monies for the match. The funds are available and will need to be appropriated when the match is due. • Notification of award is expected in early May. • An estimated $310,679 would be required for the match including the sponsor's share and of it and $140,167 is currently in the Daubenspeck General Funds. With projected earnings, an additional $35,000 would come from the Daubenspeck funds. The estimated in -kind contributions were $58,427 (which changes with additional items that can be attributed to in -kind) . The General Fund balance portion would be approximately $77,000. She noted, these are estimated costs based on the percentage of the total project cost. • It is time -sensitive to proceed with the submission of the grant application and the issue would return to council to accept an award. Snow also noted, they tried to place the most limited amount of land out of Section 36 the project could pay for in terms of development in order to increase the in -kind value and so identified the one parcel and involved other user groups. The conceptual drawing indicated a proposed park, etc. and with the availability of that property and other users, the city's in -kind contribution may be able to be increased. She added, the cash funds being requested from the grant will be used for purchases. If there is support from the user groups, the in -kind will be increased by increasing usage of the \ KENAI CITY COUNCIL MEETING } MARCH 16, 2005 PAGE 8 parcel. Snow added, the project would incorporate 53 acres of land, of which the city will use the first phase one of the project as the approximate 20 acres. Ross stated concern the city would be receiving a grant for the use of 22 acres, but pledging 53 acres into perpetuity and would not be able to use for application for another federal grant. Parks & Recreation Director Frates stated, the initial thought would be to construct four fields to address the immediate need. In the next few years, he believed there would be opportunity for the user groups to add fields on the remaining 30 acres. Ross stated he would support the resolution because of the time -sensitive nature, but would not represent he would support the award if he is not, at that time, satisfied the city has not over pledged. He noted, in the past properties had been pledged and a lot of effort was expended to make changes. Moore stated he concerns related to comments made. Snow stated she agreed, the city would be prohibited from applying for another of Land and Water Conservation Fund (LWCF) grants for that area, but would not be prohibited from applying for other grants that could become available for parks and recreation activities. Butler asked, if the resolution is amended to reduce the total amount of property set aside in perpetuity and submit the application and additional in -kind contribution will be required, could the city find out the minimum amount needed to pledge and not use the entire 53 acres. Snow stated, the in -kind is a percentage and she did not believe it would be a problem to amend the acreage. Gilman asked if, when the city initially applied, was it represented the amount of land would include the 53 acres. Snow answered yes. Gilman asked if that was why the city's application was placed as the second project on the list. Snow answered, she could review the information and find the amount of points given for the inclusion of the property, but she did not feel that was the major criteria for the city receiving the request for submittal. Gilman asked if the city changed the criteria, would the city lose its place on the list. Snow stated, though it was unknown whether that would happen, she did not feel it would happen. Swarner stated, if the city indicated 53 acres initially, the amount of acreage should not be changed at this time. She added concern the discussion did not take place earlier in the effort. Ross stated, the written comments he submitted suggested the land pledged to the grant should be the minimal size of the actual project. He added, he did not feel comfortable pledging the entire acreage and understood there were other grants that could be used in the area, but the federal grant programs require pledging land. Moore agreed. �KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 9 MOTION TO AMEND: Council Member Gilman MOVED to amend Resolution No. 2005-07 in the 'now, therefore', Item 2 to read, "....to develop the twenty-five (25) Acres of land noted above..." from fifty-three (53) acres and change the wording in the third whereas as appropriate. Council Member Butler SECONDED the motion. VOTE ON AMENDMENT: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner No Massie Yes MOTION PASSED. Discussion followed related to the affects the amendment could have on the application since the initial submittal referred to the 53 Acres of property. Snow stated she did not think it would change the score or ranking of the project; a separate metes and bounds description would be required; and, several extra weeks were given to the city to submit the application. Snow stated, if it was council's will to include only 22 acres in the application, that is what would be done. She noted, the grant application discussed future playing fields, future playground, and future unspecified recreation area. Ross stated, unless there is a change in the grant process, he did not feel it a problem for the city to submit the overall plan, but only dedicating 22 acres. Parks 8� Recreation Director Frates stated he would call and confirm. Discussion followed in which it was questioned whether Item 3 of the "now, therefore" should refer to the Daubenspeck Fund for council's reference. A motion was made to amend the wording, but later withdrawn because it was explained the Daubenspeck Fund is a part of the General Fund and when the ordinance comes forward to appropriate the city's portion, it could indicate the division of portions. VOTE ON MAIN AMENDED MOTION: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. �KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 10 BREAK TAKEN: 8:35 P.M. BACK TO ORDER: 8:45 P.M. ITEM G: MINUTES G-1, Regular Meeting of March 2, 2005 -- Amended and approved by consent agenda. ITEM H: OLD BUSINESS H-1. Approval -- Kenai City Council Student Representative Policy Mayor Porter referred to the policy included in the packet and explained she and Council Member Massie presented it to the Kenai Central High School principal who suggested "subject of approval of the KCHS administration" be added to Item 4. Discussion followed relating to whether requiring KCHS administration's approval of who the students elect for the position would be circumventing the democratic process. It was noted, council limited the student representative seat to the Kenai Central High School and unless the intention was to open it to other schools, home - schooled students, etc., KCHS administration should be allowed to represent their school. Porter suggested going forward with this form of policy and consider amending it later if there are problems. MOTION: Council Member Massie MOVED for approval of the Kenai City Council Student Representative Policy and Council Member Ross SECONDED the motion. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. It was suggested a student could probably be elected and begin attending meetings in the fall. ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 11 Council Member Moore MOVED to ratify the payments over $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Butler MOVED for approval of the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-3. Ordinance No. 2078-2005 -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." MOTION: Council Member Moore MOVED for introduction of Ordinance No. 2078-2005 and Council Member Swarner SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Ross MOVED to amend Ordinance No. 2078-2005 at KMC 17.05.070(i) changing "no one" to "no unauthorized person..." Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. Public Works Manager Kornelis reviewed a memorandum included in the packet with the ordinance. The memorandum noted the purpose of the changes to Title 17 were to update and clarify the rules and regulations; organize the rules and regulations; make the rules and regulations easier to read and understand; make the rules and regulations fair to all users; make the items common to water and sewer consistent; KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 12 delete the outdated rules and regulations and not used; and increase operational service costs. The memorandum also described the major changes. A lengthy discussion followed relating to expansion charges. Kornelis reviewed comparative information and noted a discussion he had with a City of Soldotna representative which was outlined in the Addendum memorandum. Other comments included: • An expansion fee is money set aside and placed in a capital reserve fund for future expansion of the system. • Comments received from individuals were to maintain Kenai's permit fees at less than the City of Soldotna fees. • Keeping the administration of the fees simple would be advantageous. • If the line is plugged and it is caused by the property owner, the property owner is responsible for paying for the repair. • Homeowner insurance does not cover costs for repairs past the property line. • The city bills contractors, utility companies, etc. if they cause damages to the line. • If a plug in the line is undetermined from where the plugging originated, p g p g� g the city takes responsibility for the cost of repair to the line. • An approximate cost for the city to repair a line is $2,000 (unless repair of asphalt or wintertime costs are involved) and an average of occurrences is three times a year. • Concern there is no city responsibility for the water connection from the main line to the key box, though the responsibility from the main into the structure is currently the property owners. VOTE ON INTRODUCTION AS AMENDED: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. I-4. Ordinance No. 2085-2005 -- Clarifying KMC 22.05.080(a) and Amending It by Adding Language to Allow the City to Lease, Devote or Grant Real Property to Qualified IRS Section 501(c) (3) Non -Profit Corporations Without Public Sale at an Agreed -Upon Consideration. Introduced by consent agenda. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 13 I-5. Ordinance No. 2086-2005 -- Declaring Parcel #049-130-14 KN0001422 T05N R 11 W SO 1 Thompson Park Subdivision Addition No. 1, Lot 1, Block 1, 3920 Togiak Street, is Needed for a Public Purpose. Introduced by consent agenda. I-6. Approval -- Request for Termination of Lease/Cliff R. Everts d/b/a Everts Air Fuel, Inc. -- Lot 5, F.B.O. Subdivision No. 8. MOTION: Council Member Swarner MOVED to approve the lease termination for Lot 5, F.B.O. Subdivision No. 8 from Cliff R. Everts d/b/a Everts Air Fuel, Inc. Council Member Moore SECONDED the motion. City Attorney Graves reported, if the lease were to continue, the city would receive approximately $10,000 in annual lease payments, or $550,000 (plus lease adjustments); it is a 55 year lease; no specific reason was given for the request for termination; and, the lease provision allows the lease to be terminated by mutual consent. Snow also noted, after Everts' presentation to council, administration had discussions with them, but never made any representations the council would give them money to help develop the property. Gilman stated he was hesitant to release them from the lease as they could find someone else to take over the lease and assume the payments. Graves added, if they refused to pay, the city would have to take steps to collect owed payments. Ross asked if their business plan changed. Graves stated, administration was told their development costs were higher than they anticipated. Ross stated he was inclined to allow the termination as the city had no costs involved at this time. Snow also noted, Everts was current in all their other lease payments and when they met with administration and discussed the possibility of the city assisting in development of the property, they were asked to submit a written request to council and no letter was forthcoming. Moore stated this was the second lessee who decided not to move ahead with development of the property due to the costs involved. He encouraged finding a way to develop the lots in order to acquire lessees for the lot(s). VOTE: Ross Yes Gilman No Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 14 I-7. Approval -- Renewal of Shore Fishery Lease/Randy Canady -- Tracts 5 8s 6, Shore Fishery Plat No. 71 MOTION: Council Member Massie MOVED to approve the renewal of the Shore Fishery Lease, Tracts 5 & 6, Shore Fishery Plat No. 71 to Randy Canady and Council Member Swarner SECONDED the motion. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- Council Member Gilman reported the meeting summary was included in the packet. It was noted there was discussion related to selling pull tabs as a fundraising activity. It was clarified, the Senior Connection was considering the activity. It was asked if there are restrictions from such an activity on city property and City Attorney Graves stated he had discussed the issue with Gaming representatives in the past when there was consideration of selling pull tabs at the airport. He learned there were no restrictions. J-2. Airport Commission -- Council Member Massie reported the meeting summary was included in the packet. He noted, the meeting discussion was predominantly about fuel tanks at the float plane basin. Council Member Swarner reported the Airport Commission work sessions relating to the Supplemental Airport Plan had been scheduled for March 29, 6-9 p.m.; April 14, 6-9 p.m.; and May 12, 5-8 p.m. J-3. Harbor Commission -- Massie reported the meeting summary was included in the packet; the main topic was the dip net fishery and the Commission's recommendations. A brief discussion took place as to when the new dip net plan would be available for council's review. Snow explained, at the end of each season, all departments (dip net committee) involved with the fishery submit a report which is combined with the committee's recommendations and referred to commission for review and KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 15 recommendations. After the commissions have reviewed and made their recommendations, the dip net committee meet again, review and discuss the recommendations and determine what items would be best to move forward with and request funding in the budget. Council requested a document stating what new rules, etc. will be implemented before the budget process. J-4. Library Commission -- No report. J-5. Parks & Recreation Commission -- Council Member Moore reported the meeting summary was included in the packet. He noted, most of the discussion was related to the proposed soccer park grant application. Moore also stated it was apparent there would not be a quorum for the April 7 regular commission meeting. He requested a special meeting be held on April 21 for further discussion of the soccer park plan. There were no objections from council. Porter referred to two applications included in the packet for possible appointment to the Parks 8v Recreation Commission to fill the position left vacant by the resignation of Kendra Steiner. She stated she would postpone making an appointment until the next council meeting. City Clerk Freas referred to a memorandum included in the packet noting the resignation of Steiner and the applications attached as well as acknowledgement Commissioner Ryan Mills had moved out of the city limits. She noted, the Kenai Municipal Code allows up to two members of several commissions to reside out of city limits if council has no obj ections. Council stated no obj ections to allowing Commissioner Mills to remain on the Parks & Recreation Commission. J-6. Planning & Zoning Commission -- Moore reported he attended the meeting, the meeting minutes were included in the packet, and the Commission recommended approval of the Randy Canady shore fishery lease renewal. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Council Member Swarner reported the meeting summary was included in the packet. J-7b. Alaska Municipal League Report -- Swarner reported the Economic Development Subcommittee met telephonically on Monday, March 14. She also reported she planned to attend the April 19-21 AML Legislative Fly -In meeting in Juneau. J-7c. Arctic Winter Games -- Moore reported he would not be available to attend the next Board meeting scheduled March 17. KENAI CITY COUNCIL MEETING MARCH 16 2005 PAGE 16 J-?d, Stranded Gas Committee -- Council Member Ross reported a teleconferenced meeting was held on March 11. He was not available to participate, but from conversations he had with others who did attend, sales tax was discussed though it would not affect the Borough or the city sales tax. Ross also gave a brief report regarding the Agrium Task Force. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported her trip to Washington, DC was a very good experience. She noted, she met with Senators Stevens and Murkowski and discussed the bluff erosion/ coastal trail. Advice received was to refer to the project only as a coastal bluff erosion project because there will be no funding for trails; funds for the erosion project need to be kept as a Corps project; and, a city-wide strategy should be developed. Porter also reported a digital presentation about the project should be developed for use with the public. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow reported the following items: • The monthly department head reports were included in the packet. • Larry Lewis, Department of Fish 8, Game gave a presentation at the Chamber relating to living in harmony with bears and the city was noted because of the efforts between the residents in the Vahalla/ Dogwood area, the Department of Fish & Game, and Kenai Police Department. Fish & Game will be submitting a grant application for additional funds for dealing with bear populations in other areas and has asked the city to work with them. Snow also suggested she request Lewis to make the presentation at a council meeting. Council had no objections. Moore requested an update to the airport restaurant lease and Snow reported the lessee asked for their request to rescind their lease on Space 21 to be put on hold while they consider some options. L-2. Attorney -- City Attorney Graves referred to his letter to Representative Chenault regarding HB 184 (included in the packet), prohibiting a municipality from enacting or enforcing an ordinance regulating the possession, sale, transfer, use or transportation of firearms in a manner that is inconsistent with state law. Graves suggested sending the same letter to the co-sponsors of the bill. Council had no objections. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens -- None. KENAI CITY COUNCIL MEETING MARCH 16, 2005 PAGE 17 M-2, Council Moore -- • Requested the multiuse facility report include year-to-date information. • Relating to the presentation regarding flood insurance, the city has some buildings that are subject to bluff erosion and coastal storms, as well as businesses on Bridge Access Road. Swarner -- Relating to the airport restaurant lessees, she suggested all current and future business people are treated alike and the city have a welcoming hand when asking for assistance. Massie -- Stated the bears that had been an issue in the Vahalla area, moved to Kenaitze Court. Ross -- No comments. Gilman -- No comments. Porter -- Noted a roundtable discussion relating to the proposed bed tax would be taking place at the next Chamber luncheon. EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY COUNCIL YIA A I �n- �?' Y LE