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HomeMy WebLinkAbout2005-04-06 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ,,www.ci.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) 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. 2078-2005 (As Amended) -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." 2. 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. 3. 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. 4. Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. 5. Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Kim Addition. 6 . Resolution No. 2005-10 -- Transferring $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Communication Expenses. 7. Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Municipalities for PERS Increases. 8. *Liquor License Renewals a. BPO Elks Lodge #2425/Club b. Rosita's Mexican Restaurant/Beverage Dispensary License C. The Rainbow Bar/Beverage Dispensary License ITEM G: 1. 2. ITEM H: ITEM I: 1. 2. 3. MINUTES *Regular Meeting of March 16, 2005. *March 2, 2005 Work Session Meeting Notes OLD BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2087-2005 -- Amending KMC 23.40.030(fl to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. 4. *Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. 5. *Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4) the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6) the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code Council; and 8) the International Existing Building Code, 2003 Edition of the International Code Council. 6. *Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. 7. *Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. 8. Discussion/Approval -- Termination of Lease/Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b/a Wing's Family Diner. 9. Approval -- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/b/a Alaska's Best Travel. 10. Discussion -- Agrium U.S. Inc. Petition for Trade Adjustment Assistance 11. Discussion -- Airport Land Development 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 -- Negotiations regarding repurchase of airport property. ITEM N: ADJOURNMENT ITEM A: KENAI CITY COUNCIL - REGULAR MEETING APRIL 6 2005 7:00 F.M. KENAI CITY COUNCIL CHAMBERS h.ttZ..Zwww.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING CALL TO ORDER MINUTES 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: Blaine Gilman James N. Butler, III Pat Porter, Mayo Joe Moore Linda Swarner Cliff Massie Rick Ross A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: Item F-4, Resolution No. 2005-08 -- Water/ Sewer rate recommendation / comparison. MOTION: Council Member Butler MOVED to adopt the agenda with the noted changes and Council Member Massie SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Assembly Member Dan Chay -- Reported he met with representatives of the Senior Connection related to securing a site for an assisted living facility. He noted, the Connection is considering three properties, including two borough -owned (Lawton/ Swires and behind Kenai Central High School) and one city -owned (Mommsen Subdivision). Tim Dillon, North Tinker Road -- Introduced himself as the new General Manager of the Arctic Winter Games and thanked council for their help and support of the Games. He encouraged council and administration to contact him if they had any questions. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick, 1601 E. Aliak, Kenai -- Glick reviewed actions taken during the Assembly meeting of April 5, including: • Holding the third public hearing on the accommodation tax ordinance. A substitute was introduced to decrease the suggested eight (8%) to four (4%) and include an administrative process. An additional public hearing was scheduled for May 3 in Seward. • A public hearing on the ordinance to limit property tax to senior citizens. The ordinance was amended to remove disabled veterans and a second public hearing was scheduled for April 19. Council Member Butler thanked Glick for her and the Assembly's efforts in bringing forward revenue enhancer discussions. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Executive Director, KCVB -- Renken distributed copies of the KCVB's new visitor guide, tri-fold brochure and rack card and noted upcoming events in which she would be involved. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2078-2005 (As Amended) -- Repealing and Replacing KMC Title 17 Entitled "Public Utilities and Enterprises" and KMC Appendix Entitled "Public Utility Regulations and Rates." KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 3 MOTION: Council Member Massie MOVED for approval of Ordinance No. 2078-2005 (as amended) and Council Member Moore SECONDED the motion. There were no public comments. Moore stated his concern with the property owners' responsibility for line plugs when the property owner is not on the premises (an apartment, rental, etc.). Council Member Ross stated he did not believe it an issue as the plug is usually before the property line. He added, he did not know how else to state the line of responsibility. Ross stated he would support the ordinance because the problem does not arise frequently and if there are problems, the public can bring the concerns to the council. Council Member Swarner stated she agreed with Moore and would not support the ordinance. Council Member Massie stated he believed they all had reservations, but agreed with Ross and would support the ordinance. VOTE: Gilman Yes Butler Yes Porter Yes Moore No Swarner No Massie Yes Ross Yes MOTION PASSED, F-2. 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. MOTION: Council Member Gilman MOVED for adoption of Ordinance No. 2085-2005 and Council Member Swarner SECONDED the motion. Robert Molloy, 110 South Willow, Suite 101, Kenai -- Requested council to amend the ordinance and change the word "resolution" to "ordinance". He noted, an ordinance would require two public hearings and offer more time for public comment. A brief discussion followed in which it was noted the code does not require sales or leasing by ordinance in any other area of the code, however, land sales/leasing is required to be advertised. � MOTION TO AMEND: ~KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 4 Council Member Ross MOVED to amend Ordinance No. 2085-2005 by substituting "ordinance" for "resolution." Council Member Gilman SECONDED the motion. It was clarified, the substitution discussed in the motion would be made throughout the body of Ordinance No. 2085-2005. VOTE ON AMENDMENT: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-3. 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. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2086-2005 and Council Member Ross SECONDED the motion. There were no public comments. City Manager Snow explained, the city would pay the borough the property taxes owed and in declaring the property needed for public purpose, the city would retain the property, thereby preventing sale of the property by the borough and protecting the city's investment on the assessments of $3,000. She added, the property would be included in a future city land sale. City Attorney Graves reported, a notice was sent to the former land owner at the last known address as required by the code (certified mail) . Graves noted, the listed owner is deceased and efforts, though unsuccessful, were made to find heirs. VOTE: KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 5 Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY, F-4. Resolution No. 2005-08 -- Increasing the Water and Sewer Rates. MOTION: Council Member Gilman MOVED for adoption of Resolution No. 2005-08 and Council Member Massie SECONDED the motion. There were no public comments. It was noted, the increase was brought forward to coincide with the water rate study prepared by CH2M Hill several years ago. The rate increase was being made to insure adequate revenue in the Water/ Sewer Fund to provide the system enough capital to build new wellhouses, maintain and repair the system, as well to expand the system when necessary. Discussion followed in which comments included: • A lower rate could be an incentive for people to move to the city. • Due to a federal unfunded mandate to remove arsenic from the water, an increase is needed in the Water/ Sewer Fund to build it up in order to cover those costs. • The rates were increased last year. At that time, council decided to phase in the suggested increase over two years' time. The fund balance has improved with last year's increase, and with this increase, it is expected to be back at $1.2 million next year. Public Works Manager Kornelis gave a brief report on Wellhouse No. 4 progress, noting the city is required to do two pilot projects; firms are being evaluated; it will be close on funds; the land purchase has been a long-term process, but it is getting closer to completion; and the study indicated a $100,000 increase for chemicals should be expected. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 6 F-5. Resolution No. 2005-09 -- Approving the Sale of Lot Five (5), Block One (1), Evergreen Subdivision, Kim Addition. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-09 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-6, Resolution No. 2005-10 -- Transferring $4,400 in the Water and Sewer Special Revenue Fund to Pay Increased Communication Expenses. MOTION: i Council Member Massie MOVED to approve Resolution No. 2005-10 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-7. Resolution No. 2005-11 -- Requesting the State Legislature to Provide Funding to Municipalities for PERS Increases. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-11 and Council Member Swarner SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Swarner MOVED to amend Resolution No. 2005-11, adding to the third "whereas" "...as determined by the State of Alaska and in FY 2004 the City of Kenai PERS rate was 3.67% and for FY 2006 it is now 13.67%." Council Member Moore SECONDED the motion. \ KENAI CITY COUNCIL MEETING 1 APRIL 6, 2005 PAGE 7 Swarner explained she requested the addition of the wording because the Legislature is not familiar with the rates and she wanted to impress upon them the amount the rates have increased. Ross noted, because PERS rates fluctuate from municipality to municipality and this resolution would be included with other resolutions from around the state and stated he would vote against the amendment, but in favor of the resolution. VOTE ON AMENDMENT: Gilman No Butler No Porter No Moore Yes Swarner Yes Massie No Ross No MOTION FAILED. Moore requested a copy of the resolution be send to the city's legislative delegation, as well as the House/ Senate Finance Committee members. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-8, Liquor License Renewals F-8a. BPO Elks Lodge #2425/ Club F-8b, Rosita's Mexican Restaurant/ Beverage Dispensary License F-8c. The Rainbow Bar/ Beverage Dispensary License Approved by consent agenda. ITEM-G. MINUTES G-1, Regular Meeting of March 16, 2005. G-2, March 2, 2005 Work Session Meeting Notes Approved by consent agenda. ITEM H: OLD BUSINESS -- None. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 8 ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: Council Member Gilman MOVED to ratify the bills and Council Member Massie 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 Moore 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. 1 I-3. Ordinance No. 2087-2005 -- Amending KMC 23.40.030(fl to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56- Hour Work Week Must Take Per Year From 112 Hours to 80 Hours. Introduced by consent agenda. I-4. Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to Change the Automobile Expense Mileage Rate From $.30 Per Mile to the Standard IRS Mileage Rate and Change the Per Diem Travel Expenses From $35.00 to $50.00 Per Day. Introduced by consent agenda. I-5. Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the International Building Code, 2003 Edition of the International Code Council; 2) the International Property Maintenance Code, 2003 Edition of the International Code Council; 3) the International Mechanical Code, 2003 Edition of the International Code Council; 4) the Uniform Plumbing Code, 2003 Edition of the International Association of Plumbing and Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the National Fire Protection Association; 6) the International Fuel Gas Code, 2003 Edition of the International Code Council; 7) the International Residential Code, 2003 Edition of the International Code Council; and 8) the International Existing Building Code, 2003 Edition of the l International Code Council. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 9 Introduced by consent agenda. Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003 International Fire Code, First Printing. Introduced by consent agenda. I-7. Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification ay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. Introduced by consent agenda. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:12 P.M* Discussion/Approval -- Termination of Lease/Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/ b / a Wing's Family Diner. MOTION: Council Member Gilman MOVED to terminate the Kenai Municipal Airport lease, Space 21, Roger and Linda Petrey, d/ b / a Wing's Family Diner. Council Member Butler SECONDED the motion. It was noted, the Petrey's had requested to be present for the item in case their were questions. They were to arrive immediately after closing the restaurant. Gilman and Butler withdrew the motion and second and Items I-8 and I-9 were moved to after I-11 on the agenda. I-9. Approval -- Request to Lease/ Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d/ b / a Alaska's Best Travel. Moved to after I-11 on the agenda. I-10. Discussion -- Agrium U.S. Inc. Petition for Trade Adjustment Assistance Ross gave a brief explanation for the writing of the letter. He noted the letter supports Agrium U.S. Inc.'s petition for Trade Adjustment Assistance which will provide training, etc. for the displaced employees related to the closure of the facility. Council had no objection to sending the letter. i KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 10 I-11. Discussion -- Airport Land Development Moore reported he requested the item be placed on the agenda in order to further discuss information presented by the airport consultant, i.e. the current process for leasing and selling airport property may be antiquated, etc. He added, after consideration, he believed the discussion would be premature at this time and they should wait for the consultant's end report. Gilman stated how excellent he believed the consultant group and congratulated Airport Manager Cronkhite on the work thus far. Ross stated he was also pleased with the information received, though he had some concerns with the development idea and the maintenance issues the development would cause for Millennium Square. Discussion /Approval -- Termination of Lease/Kenai Municipal Airport, Space 21 -- Roger and Linda Petrey, d/b/a Wing's Family Diner. MOTION: � Council Member Gilman MOVED to terminate the lease of Space 21 and Council Member Butler SECONDED the motion. Linda Petrey, P.O. Box 576 Kenai -- Petrey indicated they were not terminating the lease in order for the space to be rented to Dorothy Fischer and that they learned they were one payment behind on the rent of the restaurant but are current on Space 21. They will bring the restaurant balance current as soon as possible. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. Approval -- Request to Lease/Kenai Municipal Airport, Space 21 -- Dorothy A. Fischer, d / b / a Alaska's Best Travel. MOTION: Council Member Swarner MOVED to approve the lease of Terminal Office Space of Space 21 to Dorothy A. Fischer, d/b/a Alaska's Best Travel and Council Member Massie SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 6 2005 PAGE 11 Cronkhite explained, a special use permit is used for short term leasing when there are no competing interests for the lease space. This permit is for a three-month period and on a month -to -month basis. If a competing interest comes forward, the space would be put out to bid. VOTE: Gilman Yes Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- Council Member Gilman reported a meeting was scheduled for April 7. J-2, Airport Commission -- Council Member Swarner reported the March meeting was cancelled.. She reminded council of the next work session scheduled for April 14. J-3, Harbor Commission -- Council Member Massie reported the April 11 meeting was cancelled. J-4. Library Commission -- Council Member Gilman reported a meeting was held on April 3 at which budget concerns and the airport work session were discussed. J-51 Parks & Recreation Commission -- Council Member Moore reported the regular meeting of April 7 was cancelled, but a special meeting has been scheduled for April 21 to further discuss the Section 36 proposed development. J-6. Planning & Zoning Commission -- Council Member Ross reported the March 23 meeting had been cancelled. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held April 12. J-7b, Alaska Municipal League Report -- Council Member Swarner reported she would be attending the AML Fly -In meetings and would be absent from the April 20 council meeting. KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 12 J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting was scheduled for Thursday, April 14. J-7d. Stranded Gas Committee -- No report. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • Eighteen letters were mailed to owners of vacant buildings and she had responses from four. She requested approval for City Attorney Graves to develop a plan for empty buildings. Butler stated he supported the effort, but was concerned some would see it as an incentive to keep the building empty. No objections were stated for Attorney Graves to research the issue and submit a plan. • She attended an open house at the Recreation Teen Center. She stated she was pleased with the evolvement of the Center and urged council member to stop in. • She is reviewing examples of community foundations to take charitable contributions to the city through 501(3) (c) organizations. She distributed information and _stated he would like to discuss the issue at a May meeting. • The Red Hat Society will hold the first Red Hat parade on April 25 in Kenai. • Noted a copy of the letter included in the packet to the Mayor of Portland thanking the City of Portland, etc. for their recent assistance. • She attended a reception related to "putting resources to work" and the Pebble Mine development. • Asked if the city has a policy wherein council members are notified of an emergency prior to media. Porter requested administration to develop a policy and there were no objections from council. Ross noted, it may be difficult to produce a suitable policy because there are instances when council should be informed and instances when they should not be informed until the emergency is over. Porter requested the issue be a future discussion item. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow reported the following items: • The 35-year lease for the FAA tower was up for renewal for an additional 15 years. • She has been working with staff to compile the 2005 dip net fishery management plan. Some problems have occurred in moving forward, i.e. administration is awaiting approved Dunes Road permits from the Department of Natural Resources (DNR) and the Borough. Administration is working toward resolving the problems and the plan will be to council as soon as possible. A brief discussion took place related to beach access options and concerns. She also noted, the Borough and DNR permits were for different points of access and one is needed to do the other. KENAI CITY COUNCIL MEETING APRIL 6 2005 PAGE 13 L-2. Attorney -- City Attorney Graves reported the following: • Rory Espy was hired as code enforcement officer. • He requested permission to write a letter for Mayor Porter's signature related to amending HB 184, the Municipal Firearm Ordinance. There were no objections. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens Larry Semmens, City of Kenai Finance Director -- Reported a Caselle Users' Group met at Kenai City Hall during the last two days for further training on the software. There were 20 users represented from all over the state and three trainers. M-2. Council Moore -- No comments. Swarner -- Asked the status of the helmet law and Snow reported administration was required to develop a plan and has done that and doing all required by the ordinance. Massie -- No comments. Ross -- No comments. Gilman -- Asked the status of the Lawton property development, will it be reclassified, and has the Planning & Zoning Commission been requested to take up the issue. Discussion followed and comments included: • Consensus of council was to place the issue on the next agenda. • At this time, the issue would be returned to council first as there are issues relating to sizes of lots, etc. needing council's initial input. • The issue was presented to council as an idea and no concept was decided upon. • Council chose to postpone action on it until after the zoning issue was completed and council wished to revisit the matter. • No appeals were filed on the Commission's action and the issue was ready to be revisited by council. � KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 14 • The Lawton property currently is zoned Conservation. Clarification was requested whether the subdivision and reclassification of zoning status could be included on the same ordinance. • When the Limited Commercial Zone (LCZ) was established, it was understood the Planning & Zoning Commission intended to review other properties to be rezoned as a LCZ as well as the Lawton Acre properties. • If the Lawton properties were not rezoned, it would not make sense to move forward with a subdivision. • It was suggested the Commission discuss the Lawton properties first because of constituent interest in purchasing and developing property in that area. • Amendments to the zoning map could be initiated by the council, initiated by the Planning 8v Zoning Commission, or a majority of the property owners wishing property to be rezoned, a petition of voters in the city, etc. • The issue could be placed on the council agenda seeking council approval of an application completed by the city manager. Upon authorization by council of the application, the rezone for Lawton Acres could then be sent to the Commission to begin the public process. If the Commission wished to consider other properties in the city to rezone as well, they could do that up on their own authority. • It was suggested the issue be placed on a council meeting agenda prior to sending the issue to the Commission for rezone consideration in order for additional public notice of the issue. • Butler requested to discuss the implementation of the recently LCZ as related to the Comprehensive Plan and request the Commission to report back to council with recommendations, not identifying specific property. • Gilman disagreed, stating it would delay this particular issue and the construction season would be missed by taking that route. He added, because there are constituents interested in acquiring and developing property in that area, he felt it should be brought forward so the issue could be debated, the merits decided, and perhaps could move forward this year. • Ross noted, in this case the city is the owner of the property and council should make the decision to send it to the Commission, learning the public's opinion on the issue. • Because there would be several council members absent from the April 20 meeting, council requested the issue be included on the May 4 council meeting agenda. Butler -- Thanked Clerk Freas for her efforts in preparing the well -organized large council packet. EXECUTIVE SESSION -- Negotiations regarding repurchase of airport property. MOTION: KENAI CITY COUNCIL MEETING APRIL 6, 2005 PAGE 15 Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai, i.e. negotiations regarding the repurchase of airport property. He requested the City Manager, City Attorney and Finance Director to join the council in the executive session. Council Member Ross SECONDED the motion. Council Member Gilman stated objection to the motion as he believed council would be moving too fast as they had not received comments and recommendations from the consultant. He added, he believed it more appropriate to hold an executive session upon receipt of the consultant's recommendations. VOTE: Gilman No Butler No Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED, CONVENED TO EXECUTIVE SESSION: 9:15 P.M. RETURNED TO ORDER: 9:46 P.M. Council Member Moore reported, during the executive session, council discussed with the administration possible strategies for possible repurchase of airport property. No decisions were made. ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APP'R®VIEO i / � �Afr r