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HomeMy WebLinkAbout2005-05-04 Council Minutesl AGENDA 1 KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ,Zwww.ci.kenai.ak.us 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• 1. ITEM C• ITEM D• ITEM E• ITEM F• SCHEDULED PUBLIC COMMENTS (10 minutes) Josie Hudson -- President, American Legion Auxilliary -- Poppy Week Proclamation UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC HEARINGS 1. Ordinance No. 2087-2005 (Substitute) -- 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 84 Hours and Lowering From 80 to 60 Hours Per Year the Amount of Leave Time that Must be Taken for Employees Working 40 Hours Per Week. (Postponed from April 20, 2005 meeting.) 2. 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. (Tabled at April 20, 2005 meeting.) 3. Ordinance No. 2092-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. l 4. Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an Exemption for Certain State Approved Relative Day Care Providers. 5. Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." 6. Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. 7. Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. 8. Resolution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. 9. Resolution No. 2005-17 -- Awarding a Lease for One Fish Season (May 15, 2005 to September 30, 2005) of Kenai Dock Stations No. 2 8v 3 to Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus $0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use Permit for the Boat Storage Area. 10. Resolution No. 2005-18 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Painting - 2005 for the Total Amount of $11)070. 11. Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose Facility Capital Pro j ect Fund for the Ceiling Insulation and Fire Barrier Project. 12. Resolution No. 2005-20 -- Awarding the Bid to Chumley's Urethane, Inc. for the Kenai Multipurpose Facility Ceiling Insulation 8. Fire Barrier - 2005 for the Total Amount of $26,789.24. 13. Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson. 14. Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of the Amerada Hess Settlement Earnings to Improve the State's and Communities' Transportation System and Other Capital Improvements. ITEM G: MINUTES 1. *Regular Meeting of April 20, 2005. 2. *Notes of April 11, 2005 Budget Work Session ITEM H: OLD BUSINESS 1. Discussion -- Lawton Acres (Continued from 4/20/05 meeting.) 2. Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B (Increase in Fees and Extension of Expiration Dates) (Continued from 4/20/05 meeting.) 3. ITEM I: Approval -- Termination of Kenai Municipal Airport Lease/Space 21 Fischer and Associates, Inc. (Continued from 4/2/05 meeting.) NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the General Fund and the Multipurpose Facility Capital Proj ect Fund for Improvements Requested by the Arctic Winter Games Host Society. 4. *Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. 5. *Ordinance No. 2099-2005 -- Amending the Definition of "Parking Space, Private" in KMC 14.20.320(b) to Exclude Garages and to Require Such Parking Spaces to be at Least Nine (9) Feet Wide. 6. *Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." 7. *Ordinance No. 2101-2005 -- Increasing Estimated Revenues and Appropriations by $11,500 in the Street Improvement Capital Proj ect Fund for a Grant From the U.S. Fish & Wildlife Service for Culvert Replacement on Boat Launch Road. 8. Approval -- Consent to Assignment and Release of Leases -- From Capital Crossing Bank to David and Sherrie Arbuckle/Lots 1 and 1-A Aleyeska Subdivision, Part 3 (Katmai Motel). ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games Stranded Gas Committee REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. 2. 3. ITEM M: 1. 2. City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION -- Evaluations of City Manager, City Attorney and City Clerk; and negotiations regarding repurchase of airport property. ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZwww.ci.kenal*.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. ROT,T. ['_AT.T. Roll was taken by the City Clerk. Present were: Pat Porter, Ma or Joe Moore Linda Swarner Cliff Massie Rick Ross Blaine Gilman James N. Butler, III A quorum was present. A-3. AGENDA APPROVAL Mayor Porter noted the following additions to be made to the agenda: ADD AS: B-2, Persons Scheduled to be Heard -- Richard Warrington/Brain Awareness Week ADD AS: Item E, Report of Kenai Convention 8s Visitors Bureau -- 4 / 29 / 05 letter and minutes of January, February and March board meetings. ADD TO: J-5 1. F. Todd Wortham, DDS -- Application for appointment to the Parks & Recreation Commission. 2. Robert J. Molloy -- Application for appointment to the Parks & Recreation Commission. MOTION: Council Member Bulter MOVED for adoption of the agenda as amended and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA \ KENAI CITY COUNCIL MEETING MAY 412005 PAGE 2 MOTION: Council Member Moore MOVED for approval of the consent agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Josie Hudson -- President, American Legion Auxilliary -- Poppy Week Proclamation Mayor Porter read the proclamation and presented it to Josie Hudson. B-2, Richard Warrington -- Brain Injury Awareness Week Warrington read a proclamation he received from Governor Murkowski related to Brain Injury Awareness Week and the Ninth Annual Brain Injury Awareness Walk. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick -- 1601 East Aliak Street, Kenai. Glick reviewed actions taken at the May 3, 2005 Assembly meeting, including: • Funds appropriated from the U.S. Forest Service for Spruce Bark Beetle mitigation. • The second hearing related to the bed tax (amended to accommodate the cities) -- final hearing is scheduled for May 17, 2005. • The first hearing on the all-inclusive revenue enhancing ordinance, including an increase of Borough sales tax to three percent. • The first of two public hearings on the KPB Comprehensive Plan ordinance was held. • The Kenai Peninsula School District's budget was approved and fully funded. Glick noted budget presentations would be made on May 16 and the second hearing on the ordinance for the FY 2005-2006 budget will be held May 17. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE -- None. ITEM F: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING I MAY 412005 PAGE 3 F-1. Ordinance No. 2087-2005 (Substitute) -- 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 84 Hours and Lowering From 80 to 60 Hours Per Year the Amount of Leave Time that Must be Taken for Employees Working 40 Hours Per Week. (Postponed from April 20, 2005 meeting.) MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2087-2005 and Council Member Massie SECONDED the motion. There were no public comments. It was noted administration was no longer interested in forwarding the ordinance. VOTE: Porter No Moore No Swarner No Massie No Ross No Gilman No Butler No MOTION UNANIMOUSLY FAILED. F-2. 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. (Tabled at April 20, 2005 meeting.) MOTION: Council Member Massie MOVED for adoption of Ordinance No. 2091-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Ross stated he would vote against the ordinance as it would be stepping outside of the normal and prior certification plan. He added, if the ordinance is passed, other departments would be requesting like treatment. City Manager Snow explained, there was a desire to expand the scope of the entry level firefighter, the certification was a two-year program, and the certification would give much more flexibility to staff the operations center at the airport. Chief Walden added, the certification is state recognized and the qualification pay would apply to six people. Those firefighters receiving step increases would not receive the qualification pay and because the job descriptions would be changed to require the certification, new employees would not receive the qualification pay. r KENAI CITY COUNCIL MEETING MAY 412005 PAGE 4 VOTE: Porter No Moore No Swarner No Massie No Ross No Gilman No Butler No MOTION UNANIMOUSLY FAILED. F-3, Ordinance No. 2092-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. MOTION: Council Member Gilman MOVED to adopt Ordinance No. 2092-2005 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-4, Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an Exemption for Certain State Approved Relative Day Care Providers. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2093-2005 and Council Member Butler SECONDED the motion. There were no public or council comments. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MAY 4, 2005 PAGE 5 F-5. Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." MOTION: Council Member Massie MOVED for adoption of Ordinance No. 2094-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Butler asked what precipitated the ordinance and City Attorney Graves answered, when a recent request was received to convert apartments to condominiums, it was found the code did not include a definition for condominiums. Graves added, it was also anticipated there would be more need for similar conversions that may be made in the future. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-6. Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. MOTION: Council Member Butler MOVED to adopt Ordinance No. 2095-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Moore asked what kind of educational information would be provided with the signs. Public Works Manager Kornelis explained, the U.S. Fish Wildlife Service requested the signs and he requested funding from them in order to place the signs. He noted, the signage would inform people using the trail to remain on the trail in order to protect salmon habitat and the wetlands below. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes KENAI CITY COUNCIL MEETING MAY 412005 PAGE 6 Butler I Yes MOTION PASSED UNANIMOUSLY. F-7, Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2096-2005 and Council member Gilman SECONDED the motion. There were no public comments. MOTION: Council Member Gilman MOVED to postpone action on Ordinance No. 2096-2005 until the May 18, 2005 council meeting. Council Member Swarner SECONDED the motion. Council Member Gilman requested UNANIMOUS CONSENT. There no objections. SO ORDERED. F-8, Resolution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. MOTION: Council Member Butler MOVED for adoption of Resolution No. 2005-16 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT, Christa Cady-Hibschen, P.O. Bo 3361, Soldotna -- Hibschen offered a background on the Plan updating process and indicated the comments made by City Planner Kebschull would be recommended for inclusion in the Plan to the Borough Planning Commission. Discussion followed relating to the timing of the city's resolution because changes could be made to the Plan by the Commission or the Assembly and the city would have no opportunity to consider those changes having already passed its resolution. MOTION TO POSTPONE: Council Member Butler MOVED to postpone action on Resolution No. 2005-16 until } the May 18 council meeting and Council Member Gilman SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 412005 PAGE 7 VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-9. Resolution No. 2005-17 -- Awarding a Lease for One Fish Season (May 15, 2005 to September 30, 2005) of Kenai Dock Stations No. 2 & 3 to Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus $0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use Permit for the Boat Storage Area. MOTION: Council Member Butler MOVED for approval of Resolution No. 2005-17 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-10, Resolution No. 2005-18 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Painting - 2005 for the Total Amount of $111070. MOTION: Council Member Ross MOVED for adoption of Resolution No. 2005-18 and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes :::I I MOTION PASSED UNANIMOUSLY. - KENAI CITY COUNCIL MEETING MAY 4, 2005 PAGE 8 F-11. Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose Facility Capital Project Fund for the Ceiling Insulation and Fire Barrier Project. MOTION: Council Member Moore MOVED for adoption of Resolution No. 2005-19 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public comments. Moore requested a report on the test application and Public Works Manager La Shot confirmed, the process had worked. VOTE: There were no objections. SO ORDERED. F-12. Resolution No. 2005-20 -- Awarding the Bid to Chumley's Urethane, Inc. for the Kenai Multipurpose Facility Ceiling Insulation & Fire Barrier - 2005 for the Total Amount of $26,789.24. MOTION: Council Member Ross MOVED for approval of Resolution No. 2005-20 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Council Member Gilman questioned the fact only one bid was received. La Shot explained, they had solicited bids from three contractors in the area and only one bid was received. VOTE: There were no objections. SO ORDERED, F-13. Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson. MOTION: Council Member Butler MOVED for the adoption of Resolution No. 2005-21 and Council Member Moore SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MAY 4, 2005 PAGE 9 VOTE: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. F-14, Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of the Amerada Hess Settlement Earnings to Improve the State's and Communities' Transportation System and Other Capital Improvements. MOTION: Council Member Ross MOVED for approval of Resolution No. 2005-22 and Council Member Moore SECONDED the motion. There were no public comments. Snow briefed council on the progress of the bill and noted the list of projects included in the packet was informational and was n fin p J p of al. Porter explained a request had been received for the resolution from the Governor's office and it was brought before council for discussion purposes. Swarner stated she did not support the resolution as there were too many unknowns. Ross stated he supported the legislation because the suggested process was an appropriate way to fund projects, however he would not support the list included. MOTION TO AMEND: Council Member Butler MOVED to delete the second whereas from the bottom, removing the reference to bills and Council Member Gilman SECONDED the motion. VOTE ON AMENDMENT: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Ross MOVED to delete pages 1, 2, and 3 of the attached list and Council Member Gilman SECONDED the motion. ` KENAI CITY COUNCIL MEETING MAY 4 2005 PAGE 10 Butler asked if the list included in the packet was a part of the resolution and was told it was not part of the resolution. Moore stated he would not support the resolution because it was too close to the end of the session and it was not sure what the list of projects would be. VOTE ON AMENDMENT: Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Porter Yes Moore No Swarner No Massie No Ross Yes Gilman Yes Butler Yes MOTION PASSED, BREAK TAKEN: BACK TO ORDER: ITEM G: 8:11 P.M. 8:22 P.M. MINUTES G-1, Regular Meeting of April 20, 2005 -- Approved by consent agenda. G-2. Notes of April 11, 2005 Budget Work Session -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Lawton Acres (Continued from 4/20/05 meeting.) A brief discussion took place in which Gilman stated he wanted to go forward with the rezoning and suggested administration be directed to proceed. Butler stated his reservations in moving ahead due to comments expressed to him by members of the public, i.e. the property was zoned conservation, the limited commercial zone was very new and neither the Planning & Zoning Commission nor the public has had time to know how it would be used for development in the city; and, it would be good to keep the corridor there and follow the recommendations of the KEDS group. KENAI CITY COUNCIL MEETING MAY 4 2005 PAGE 11 Snow reported the Lawton Acres property is zoned conservation, is included in the airport land inventory but is outside of the aviation use area for which FAA is concerned and could be used for non -aviation use. Ross stated he would like the discussion to move forward to the Commission as it would be the appropriate forum in which it should be addressed. He added, he would like the city, as the owner of the property, to submit a request for rezoning to the Commission in order to receive public comment. Kris Schmidt, 513 Ash Street, Kenai -- Requested the discussion be postponed as she believed there was a lot of private development in the area and saw no need for the city to subsidize a private development. Nate Kiel, 404 Lawton Drive, Kenai -- Stated he believed the Commission was the proper forum to discuss the issue. He added, he was aware of three residents of the Lawton Drive area who are in favor of the rezone. Kiel encouraged council to move the issue forward to the Commission for public comment. Porter reported she received two letters noting support of the rezoning of the area: Luis and Rosie Mercado, 202 Lawton Drive, Kenai, and Linda Sargent, 104 Lawton Drive, Kenai. Porter submitted them to the City Clerk to be made part of the record. Consensus of council was to forward the issue to the Planning 8. Zoning Commission for public comment. H-2. Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B (Increase in Fees and Extension of Expiration Dates) (Continued from 4/20/05 meeting.) MOTION: Council Member Ross MOVED for approval of the amendment to leases, Parcels A and B of the Kenai Golf Course and Council Member Gilman SECONDED the motion. Council Member Butler reported a conflict of interest as his law firm was representing the lessee/operators of the Kenai Golf Course. City Attorney Graves agreed with Butler's declaration and Mayor Porter accepted the declaration and excused Butler from voting on this issue. Snow noted, at the last meeting, administration was notified of the price of season passes being increased. It was unknown whether season pass prices were required to be approved by council. Since then the question was researched and it was confirmed price increases to season passes also needed council approval. It was pointed out, the memorandum of information included in the packet confirmed all the price increase information was included in the lease. KENAI CITY COUNCIL MEETING MAY 4 2005 PAGE 12 VOTE: Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Approval -- Termination of Kenai Municipal Airport Lease/Space 21 - Fischer and Associates, Inc. (Continued from 4/2/05 meeting.) MOTION: Council Member Swarner MOVED to approve Mrs. Fischer's request for cancellation of the lease for Space 21 in the Airport Terminal and Council Member Massie SECONDED the motion. A brief discussion followed in which it was noted the issue was carried over because there was some question of whether there were lease amounts owed and when the new special use permit was to take effect. Snow reported lease amounts were not current based on the special use permit written to take effect on April 30. MOTION TO AMEND: Council Member Gilman MOVED to approve the cancellation of the lease contingent upon the lease being brought current as of the April 20, 2005 council meeting. Council Member Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, Mayor Porter requested the Arctic Winter Games report be moved forward and introduced Host Society President Dale Bagley for comment. Bagley gave a brief report on efforts being made related to preparation for the Games, including broadcasting contracts, improvements to Tsalteshi Trail, sponsorships, volunteer registration, etc. Questions related to funding sources for improvements to the multipurpose facility were asked and Bagley noted several different sources of funds expected to be available to the Host Society. He added, he believed there was a miscommunication related to funding needed for the multipurpose facility project ($200,000) as it was never in a lump sum. Bagley continued, in a recent conversation with Council Member Ross, it was suggested the city go forward with the work at the facility and as bills are received, they be forwarded to the Host Society for reimbursement. Ross noted, this is a normal process done with grant funds. ITEM I: NEW BUSINESS ` KENAI CITY COUNCIL MEETING MAY 42 2005 PAGE 13 I-1. Bills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills 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 the approval of the purchase orders exceeding $2,500 and Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3. Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the General Fund and the Multipurpose Facility Capital Proj ect Fund for Improvements Requested by the Arctic Winter Games Host Society. MOTION: Council Member Swarner MOVED for introduction of Ordinance No. 2097-2005 and Council Member Ross SECONDED the motion. Ross stated he was surprised funds for the multipurpose facility upgrades were not available; the ordinance would appropriate funds to do the work and would be spent over the next several months; appropriating the funds and submitting receipts for costs as the project progresses is a normal process for reimbursement of grant funds; and he was satisfied with the ordinance. Gilman stated he agreed but with the caveate if the bill is not paid, the city could stop the project. Moore stated he would want a written agreement with the terms of repayment in place. Bagley stated reimbursement would be a week to ten days, which is their normal process. Butler stated he would prefer a clearly defined agreement of the project, documentation and reimbursement. Ross suggested administration work with the Host Society in preparing a Memorandum of Understanding and attaching with the ordinance for the May 18 council meeting. Bagley had no objection. VOTE ON INTRODUCTION: KENAI CITY COUNCIL MEETING MAY 4 2005 PAGE 14 Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes MOTION PASSED UNANIMOUSLY. I-4. Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. Introduced by consent agenda. I-5. Ordinance No. 2099-2005 -- Amending the Definition of "Parking Space, Private" in KMC 14.20.320(b) to Exclude Garages and to Require Such Parking Spaces to be at Least Nine (9) Feet Wide. Introduced by consent agenda. I-6. Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." Introduced by consent agenda. I-?. Ordinance No. 2101-2005 -- Increasing Estimated Revenues and Appropriations by $11,500 in the Street Improvement Capital Proj ect Fund for a Grant From the U.S. Fish & Wildlife Service for Culvert Replacement on Boat Launch Road. Introduced by consent agenda. I-8. Approval -- Consent to Assignment and Release of Leases -- From Capital Crossing Bank to David and Sherrie Arbuckle/Lots 1 and 1-A Aleyeska Subdivision, Part 3 (Katmai Motel). MOTION: Council Member Gilman MOVED fro approval of the Assignment and Release of Leases -- From Capital Crossing Bank to David and Sherrie Arbuckle/Lots 1 and 1-A Aleyeska Subdivision, Part 3 (Katmai Motel) and Council Member Swarner SECONDED the motion. Attorney Graves reported, when the transaction is closed, the city would be paid and he understood the new owners currently live in Anchorage but would be moving to Kenai, build a house and run the hotel. Butler noted, the assignment was being made KENAI CITY COUNCIL MEETING MAY 4, 2005 PAGE 15 to the new owners individually and not as a company and as such, would be unable to reassign the lease to a company in the future. VOTE: There were no objections. SO ORDERED. ITEM J: COMMISSION / COMMITTEE REPORTS J-1. Council on Aging -- No report. J-2. Airport Commission -- Council Member Swarner reported the meeting summary was included in the packet. J-3. Harbor Commission -- Council Member Massie reported the next meeting would be held on Monday, May 9. J-4. Library Commission -- No report. J-5. Parks & Recreation Commission -- Council Member Butler reported he attended the meeting, however there was no quorum present. A work session was held and the development of the proposed soccer park was discussed with residents of Evergreen Street who were in attendance. He noted, their concerns were well presented and they offered some suggestions in how to mitigate their concerns. Porter noted there were three members of the Commission who were in non- compliance of the city code regarding meeting attendance. She reported she had letters written to the individuals and thanked them for their service to the city and removed them from the Commission. Porter referred to applications included in the packet and added at the beginning of the meeting received from Matt Brown, Julie Carroll, F. Todd Wortham and Robert J. Molloy. Porter recommended the four applicants be appointed to the Commission. Council had no objections. It was noted, the May 5 meeting would probably need to be canceled due to the removal of three members and the shortness of time to notify the new appointees of the meeting. J-6. Planning & Zoning Commission -- Ross reported the minutes of the April 27 meeting were included in the packet. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Council Member Swarner reported the next meeting was scheduled for May 10 and Council Member Massie would attend the meeting for her. KENAI CITY COUNCIL MEETING MAY 4 2005 PAGE 16 J-7b, Alaska Municipal League Report -- Swarner reported she attended the AML spring meeting at which time she visited with area legislators. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting was scheduled for May 12, 2005. 14d, Stranded Gas Committee -- Council Member Ross reported he attended a teleconferenced meeting on April 27. He noted, a meeting may be scheduled for Anchorage in the next few weeks. Ross also reported the next Agrium meeting would be held on May 13. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • She was the Grand Marshal of the first Red Hat Parade in Kenai. • She attended the Caring for the Kenai presentations. • She spoke with Dale Bagley regarding Arctic Winter Games. p � • She met with representatives of the Salamatof Native Association, Kenai Natives Association, Inc. and the Kenaitze Indian Tribe regarding the bluff erosion project and possible development of a Native cultural center. • She continues to make contacts related to the empty commercial buildings in the city. • Referring to a draft mini -grant document, she requested council to review it before the final public hearing on the budget. Referring to the draft letter to Senator Wagoner related to SB 158, Attorney Graves gave an update on the progress of the bill, noting the imposition of municipal sales and use taxes on a construction contract awarded by the State of Alaska would cover the contract property. He added, the city's concerns were addressed in the bill. Administration was directed to send the letter. ITEM L: ADMINISTR.ATION REPORTS City Manager -- City Manager Snow reported the following: • Referred to a memorandum included in the packet regarding the pending sale of Cook Inlet Industrial Air Park (CIIAP) properties. She noted, though the airport planning assessment team had made some unofficial recommendations related to sale of airport properties for non -aviation use, administration was currently proceeding to process an offer to purchase two lots in the CIIAP subdivision. As explained in the memorandum, Alaska Steel Building, by code, has the right to purchase the lot they were currently leasing 5 Block 2 CIIAP because the leased it and made Y g) Y KENAI CITY COUNCIL MEETING MAY 4, 2005 PAGE 17 improvements to the property. The second lot is adjacent (Lot 6, Block 2, CIIAP) and because it was not leased property with improvements, it must be sold by competitive bid pursuant to Title 22 of the Kenai Municipal Code. Attorney Graves noted, the purchaser, by code had the right to purchase Lot 5. Council could say it does not want to sell Lot 6. Snow reported the purchaser indicated they had a proposal for developing Lot 6. Snow also stated she believed council should move forward with the sale of both lots, especially Lot 5. However, in the future, she believed the lease agreements should not include the ability for the lessee to purchase the lot. Porter suggested including that issue on the list of items for a future strategic planning session. Snow noted, she wanted council to be aware of the matter and added, council would not have a recommendation from the consultant until after the planning is completed. Graves noted, the option for a lessee to purchase is in the code and is included in some leases, but not all of them. • Noted the investment report included in the packet and prepared by Finance Director Semmens. L-2. Attorney -- No report. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens Bob Peter, Old Town -- Referred to the earlier discussion related to the interest in the rezoning of Lawton Acres and stated his opposition to seeing the properties. M-2. Council Moore -- Stated he was encouraged by the lease price offered by Copper River Seafoods. Swarner -- • Encouraged all to participate in the Kenai River Festival to be held in Kenai on June 12. • Requested a list of grants applied for and requiring matches, monetary or not, for an indication of city liabilities. Massie -- No comments. Ross -- No comments. Gilman -- No comments. Butler -- No comments. BREAK TAKEN: 9:35 P.M. BACK TO ORDER: 9:41 P.M. - KENAI CITY COUNCIL MEETING MAY 412005 PAGE 18 EXECUTIVE SESSION -- Evaluations of City Manager, City Attorney and City Clerk; and negotiations regarding repurchase of airport property. MOTION: Council Member Butler MOVED to convene in an executive session of the Council of the city of Kenai concerning matters which would clearly have an adverse effect upon the finances of the City of Kenai and requested the City Manager, City Attorney, and Finance Director to attend. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. CONVENED TO EXECUTIVE SESSION: 9 :42 P.M. BACK TO ORDER: 9:48 P.M. MOTION: Council Member Butler MOVED to convene in an executive session of the Council of the City of Kenai concerning annual evaluations of the City Manager, City Attorney and city Clerk. He requested only the council members attend first and then those to be evaluated would be called. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. CONVENED TO EXECUTIVE SESSION: 9:49 P.M. BACK TO ORDER: 11:24 P.M. Council Member Butler reported the council met in executive session and conducted annual evaluations of the City Manager, City Attorney and City Clerk. ITEM N: ADJOURNMENT The meeting adjourned at approximately 11: 2 5 p.m. Minutes transcribed and prepared by: APPROVED BY COUNCIL Carol L. Freas, City Clerk �4tIF CLERt,•