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HomeMy WebLinkAbout2005-05-18 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vv-vvw.ci.kenai.ak.us BUDGET WORK SESSION -- 6:00 P.M. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Proclamation -- Motorcycle Awareness Month 2. Proclamation -- V.F.W. Buddy Poppy Week 3. Lamy L. Lewis, Wildlife Technician III, Alaska Department of Fish & Game -- Long -Term Wildlife Mitigation Efforts on the Kenai Peninsula. 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. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Proj ect Fund. (Postponed from May 4, 2005 council meeting.) a. Substitute Ordinance No. 2096-2005 -- Increasing Estimated l Revenues and Appropriations by $55,112 in the Airport Land 1 -� System Special Revenue Find and $2,204,456 in the Parallel Taxiway Capital Project Fund. 2. 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. a. Substitute Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the Arctic Winter Games Improvements Capital Proj ect Fund for Improvements Requested by the Arctic Winter Games Host Society. 3. Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. 4. 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. 5. Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." 6. Ordinance No. 2101-2005 -- Increasing Estimated Revenues and j Appropriations by $11,500 in the Street Improvement Capital Project � Fund for a Grant From the U.S. Fish 8s Wildlife Service for Culvert Replacement on Boat Launch Road. 7. 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. (Postponed from May 4, 2005 meeting.) 8. Resolution No. 2005-23 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Taxiway Extension - 2005 for the Total Amount of $1,857,976.00. 9. Liquor License Renewal -- PROTEST Roy Dale Howard, d/ b / a Kenai Joe's -- Beverage Dispensary ITEM G: MINUTES 1. *Regular Meeting of May 4, 2005. 2. *May 4, 2005 Budget Work Session Notes ITEM H: ITEM I: OLD BUSINESS NEW BUSINESS 1. Bills to be Ratified 1 2. Approval of Purchase Orders Exceeding $2,500 3. Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. 4. *Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. 5. Approval -- Cost of Living Salary Increase/City Clerk and City Attorney 6. Approval -- Arctic Winter Games Agreement/Reimbursement of Costs Related to Multipurpose Facility Upgrades. 7. Approval -- Lot 1, Block 5; Lot 2, Block 2; and, Lot 2, Block 4, General Aviation Apron. a. Consents to Assignments -- Robert Bielefeld to Kenai Aviation Leasing Company, LLC b. Consents to Subleases -- Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc. 8. Approval -- Special Use Permit/ Kenai Chamber of Commerce -- East 24, 500f S.F. Portion Between the East Curbline and East Property Line of Lot 1, Gusty Subdivision, Addition No. 8. 9. Approval -- Amendments to Airport Regulations -- Chapter 6.05, Short - Term and Limited Long -Term Parking. 10. Discussion -- Proposed City of Kenai Mini -Grant ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: ITEM L: REPORT OF THE MAYOR 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 MAY 189 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MTNTTTF-..q ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1, PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2, ROLL CALL Roll was taken by the City Clerk. Present were: Joe Moore, Vice Mayo Linda Swarner Cliff Massie Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor* A quorum was present. (Clerk's Note: Mayor Porter left the meeting at approximately 8:25 p.m. and Vice Mayor Moore assumed the chair.) A- 3 . AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: I-6, Multipurpose Facility Agreement -- Updated Agreement and move the discussion to immediately following F-2, Ordinance No. 2097-2005. ADD AS: Item I-11, Discussion -- Donation Request of K-6 Boat to Kenai Landing, Inc. REMOVE: Item I-10, Discussion -- Proposed City of Kenai Mini -Grant and move it to the June 1, 2005 agenda. MOTION: Council Member Moore MOVED to approve the agenda with the changes and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 2 A-49 CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Proclamation -- Motorcycle Awareness Month Mayor Porter read the proclamation and presented it to Carl Glick. B-2. Proclamation -- V.F.W. Buddy Poppy Week Mayor Porter read the proclamation and presented it to Herb Stettler. B-3. Lamy L. Lewis, Wildlife Technician III, Alaska Department of Fish & Game -- Long -Term Wildlife Mitigation Efforts on the Kenai Peninsula. Mr. Lewis (43961 Kalifornsky Beach Road) reviewed information he provided and discussed the Wildlife Conservation Community Program to develop a proactive wildlife stewardship program to reduce the frequency of negative human/wildlife interactions. Lewis reported, the City of Kenai had participated in a program with his office and the residents of Valhalla Heights Subdivision and through discussions and proactive efforts, neither his office or the Kenai Police Department received calls on bear activity in the subdivision for two years. Lewis stated, he had submitted a grant application for federal funding for continuing the effort in other areas of the city. Funds received would be used for signage, equipment and other materials and administrative needs. Lewis suggested the city could strengthen its ordinance and enforce it (keeping garbage and food stuffs cleaned up in order to not attract wildlife) and the council supporting the efforts. He noted, the Thompson Park and VIP Subdivision would be the first targets of the expanded effort. Mayor Porter requested Lewis to work with city administration to strengthen the ordinance, etc. and offered council's support of the effort. ITEM C: UNSCHEDULED PUBLIC COMMENTS Tim Dillion, Executive Director, Arctic Winter Games -- North Tinker Lane, Kenai. \ KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 3 Dillion offered an update of activities in preparation for the Games, including sponsorships of smaller businesses, selling merchandise at Wing's Diner, etc. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Betty Glick, Assembly Member -- Glick gave a brief report of actions taken at the May 17, 2005 Assembly meeting, including: • Ordinances relating to sales tax on services rendered by attorneys was voted down. • The Comprehensive Plan ordinance was postponed to their June 21 meeting; corrections requested by the city, as well as others were approved by the Borough's Planning Commission. • A recommendation to increase the setback along the Kenai River from 50 to 100 feet will be heard again on June 21. • The transient occupancy tax ordinance was amended and passed. Notice of reconsideration was requested. • The Borough sales tax was raised from two to three percent and will become effective on October 1, 2005. City Attorney Graves asked whether the increase to the river setback would include property within the City of Kenai and Glick stated, that was her understanding. Graves noted concern the Planning & Zoning Commission and Harbor Commission, when reviewing the Comprehensive Plan, were unaware of the desired increase and did not address the issue. Council Member Ross requested Administration review the changes approved by the Planning Commission. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Director, Kenai Convention & Visitors Bureau -- Renken reviewed KCVB events, including: • The summer art show reception was very successful. • She attended a large convention at which promotion of Kenai was a large part. • They are reviewing/researching the use of Kenai as the gateway to the Lake Clark area. • The Saturday Market would begin May 28. • Their Board had not yet taken a position on the K-6 fishing vessel discussion, however her staff had concerns moving the boat to a private location would be the best use of public property. Janie Odgers, Director, Kenai Chamber of Commerce -- Reported the following: KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 4 • Relocation packets were being forwarded upon request. • The website was reworked and she requested comments from council and public. • The American Legion was assisting the Chamber with the Fourth of July parade and festivities. • They are researching the history of the log cabin. ITEM F: PUBLIC HEARINGS F-1. 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. (Postponed from May 4, 2005 council meeting.) F- la. Substitute Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $55,112 in the Airport Land System Special Revenue Fund and $2,204,456 in the Parallel Taxiway Capital Project Fund. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2096-2005, the substitute and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-2. 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. F-2a. Substitute Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the Arctic Winter Games Improvements Capital Project Fund for Improvements Requested by the Arctic Winter Games Host Society. KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 5 MOTION: Council Member Gilman MOVED for adoption of Ordinance No. 2097-2005, the substitute and Council Member Massie SECONDED the motion. There were no public comments. It was noted, the agreement was moved forward and discussion followed which involved both the ordinance and the agreement. A general discussion followed in which comments included: • Council Member Gilman stated his concern the city would be taking on the responsibility for making the improvements to the facility, including hiring subcontractors, etc. to do the work and the submit bills for reimbursement to the Host Society. • Council Member Ross stated, because it is a city facility, the City should hire the contractors. He added, the Borough received grant funding and the city would be a sub -grantee, paying for work being done and submitting bills to the Borough for reimbursement. • Council Member Butler noted neither of the agreements had Attachment A included with the document; noted his concern the provision of non -waiver seemed one-sided and did not seem to have equal responsibility between the parties with respect to certain provisions; he was not sure the city would want to undertake an open-ended indemnity without being equal in responsibility; and, if the city agrees to the scope of work and the funds have been advanced, a committee should not have to review the bills to be reimbursed if the work has been completed. He added, he liked the committee idea included in the substitute agreement, but would like the committee referred to in Paragraph 13 as a 'project steering committee' instead of 'construction' so that issues on the administrative side for costs, fees, and invoicing can be addressed, as well as the construction timeline. • Council Member Ross stated he didn't think the agreement was much different than other sub -grantee positions the city has been in and asked how the agreement functionally differed from other grantee agreements. City Attorney Graves stated it was not materially different from other grants received. He noted the list from Attachment A which was omitted and added, the list was formulated by city and AWG representatives. Graves added, no specific costs were included as it was not known what they would be other than an estimate: -- Installation of radiant heaters above bleachers, players' boxes, penalty boxes and scoring official's box. -- Purchase and installation of building sheet metal to extend south wall to ground. -- Construction of two new team rooms and relocate existing team rooms. -- Installation/construction of more seating bleachers. -- Purchase and installation of security cameras. KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 6 -- Purchase and installation of emergency lights and exit sign. -- Purchase and installation of fire alarm system. -- Purchase and installation of standpipe system. -- Purchase and installation of door/panic hardware. -- Purchase and installation of sound system barricade material and other miscellaneous material. Graves added, a provision was included in the agreement that if the cost exceeds $200,000, the city would not be obligated to finish the list of items and was one of the reasons for forming a steering/ project committee to prioritize and coordinate the project. Moore asked what would happen if the money would be spent and all the improvements not made thereby not meeting the requirements of the Host Society. Graves noted, the city requested adding in Paragraph la, "...because the costs of the improvements listed on Attachment A are only estimates, the contractor cannot guarantee all the listed improvements can be completed for a total of $200,000. In that case, the contractor shall not be liable to expend its own funds to complete the listed improvements. If it appears one or more of the listed improvements will not be completed due to lack of funds, the contractor will consult with the Host Society to prioritize the improvements on the list or to arrange for additional funding." Gilman referred to Paragraph 11, relating to non -waiver and asked if it would be a big change to add, the failure of the parties at any time.... so that it would be reciprocal. He also noted, Paragraph 15, the indemnification clause, the city would be responsible for the City of Kenai employees and agents but if the Host Society does something to cause damage, the city would not be responsible for their negligence. Graves stated that was his understanding and noted, the language in the agreement was fairly standard in federal and state grants. VOTE/SUBSTITUTE ORDINANCE NO. 2097-2005: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. I-6. Approval -- Arctic Winter Games Agreement/Reimbursement of Costs Related to Multipurpose Facility Upgrades. MOTION: -\ KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 7 Council Member Ross MOVED for approval of the updated (provided at the beginning of the meeting) Arctic Winter Games Agreement and Council Member Moore SECONDED the motion. Discussion followed in which it was noted: • Paragraph 5(a)(ii) was referring to a Grant Agreement with the Host Society for $200,000. The grant agreement would be a separate document but should not be different than the updated Agreement being reviewed. If the agreement was presented with large differences, it would be brought back to council. • Attachment A will be included with the document. • Paragraph 11 would be changed to provide the suggestion made by Council Member Gilman. MOTION TO AMEND: Council Member Butler MOVED, subject to the approval of the Host Society and the City, to revise Paragraph 13a to refer to a "Project Steering Committee that works together to develop and monitor issues related to the construction and administrative issues related to expenditures and collection of available funding and other applicable deadlines." Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-3. Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. MOTION: KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 8 Council Member Moore MOVED to adopt Ordinance No. 2098-2005 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-4. 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. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2099-2005 and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-5. Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." MOTION: Council Member Ross MOVED for approval of Ordinance No. 2100-2005 and Council Member Moore SECONDED the motion. There were no public comments. City Attorney Graves explained the ordinance better defined lot coverage for structure in any type of zoning. KENAI CITY COUNCIL MEETING MAY 182 2005 PAGE 9 VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-6, 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. MOTION: Council Member Butler MOVED for adoption of Ordinance no. 2101-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Public Works Manager Kornelis explained, the culvert would be replaced under Boat Launch Road after the fishing season and after receiving the permit and grant funding. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-?. 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. (Postponed from May 4, 2005 meeting.) MOTION: Council Member Massie MOVED for adoption of Resolution No. 2005-16 and Council Member Butler SECONDED the motion. There were no public or council comments. MOTION TO POSTPONE: KENAI CITY COUNCIL MEETING MAY 182 2005 PAGE 10 Council Member Ross MOVED to postpone action until the next council meeting after receiving a review of change made to the Comprehensive Plan. Council Member Swarner SECONDED the motion. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-8. Resolution No. 2005-23 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Kenai Municipal Airport Taxiway Extension - 2005 for the Total Amount of $1,857,976.00. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-23 and requested UNANIMOUS CONSENT. Council Member Gilman SECONDED the motion. There were no public comments. Council Member Gilman stated his concern the low bid was substantially lower than the engineer's estimate. He asked if the contractor had been used before and if there would be overruns. It was noted the low bidder had been used several times and is reliable. In addition, it was explained the other bidder would have had to purchase asphalt from a subcontractor. In this case, the low bidder owned its own asphalt plant and therefore was able to bid a lower price. VOTE: There were no objections. SO ORDERED. F-9. Liquor License Renewal -- PROTEST Roy Dale Howard, d/ b / a Kenai Joe's -- Beverage Dispensary MOTION: Council Member Gilman MOVED to send the letter of protest to the Alcoholic Beverage Control Board and Council Member Swarner SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 11 Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes MOTION PASSED UNANIMOUSLY. Mayor Porter noted she would be leaving the meeting and Vice Mayor Moore would assume the chair after the break. BREAK TAKEN: 8:25 P.M. BACK TO ORDER: 8:38 P.M. ITEM G: G-1. G-2. agenda. ' ITEM H: ITEM I: MOTION: Regular Meeting of May 4, 2005 -- Approved by consent agenda. May 4, 2005 Budget Work Session Notes -- Approved by consent OLD BUSINESS -- None. NEW BUSINESS Bills to be Ratified Council Member Swarner MOVED to ratify the bills and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 2102-2005 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006. MOTION: KENAI CITY COUNCIL MEETING MAY 18 2005 PAGE 12 Council Member Butler MOVED to introduce Ordinance No. 2102-2005 and Council Member Swarner SECONDED the motion. There were no public comments. MOTION TO AMEND: Council Member Swarner MOVED to add $6,000 to the Library budget for the purchase of books and Council Member Butler SECONDED the motion. There were no public or council comments. VOTE ON AMENDMENT: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Absent MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Swarner MOVED to add $25,000 for a permanent outhouse and Council Member Massie SECONDED the motion. There were no public comments. Discussion followed in which Acting City Manager Kopp noted the restroom would replace the one at the end of South Spruce Street where the most year -around use is needed; the facility would be set back from the intersection for safety; placement could be discussed further when the purchase order comes forward. Butler stated he would not support the amendment because staff had put together the budget based on priorities; there was lots of opportunity for input; he believed the majority of use would be those not citizens of the city; and, other groups should be looked to support it. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler No Porter Absent MOTION PASSED. VOTE ON INTRODUCTION AS AMENDED: KENAI CITY COUNCIL MEETING MAY 18 2005 PAGE 13 Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Absent MOTION PASSED UNANIMOUSLY. I-4. Ordinance No. 2103-2005 -- Amending the Fine Schedule in KMC 13.10.015 by Adding Negligent Driving, Failure to Yield to an Emergency Vehicle and Violations of Airport Parking Regulations to the List of Minor Offenses on the Fine Schedule that Can be Disposed of Without a Court Appearance. Introduced by consent agenda. I-5. Approval -- Cost of Living Salary Increase/City Clerk and City Attorney MOTION: Council Member Butler MOVED for approval of the cost of living salary increase of two percent (2%) for the City Clerk and City Attorney. Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: Moore Yes Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Absent MOTION PASSED UNANIMOUSLY. I-6. Approval -- Arctic Winter Games Agreement/Reimbursement of Costs Related to Multipurpose Facility Upgrades. Heard after Item F-2. I-7. Approval -- Lot 1, Block 5; Lot 2, Block 2; and, Lot 2, Block 4, General Aviation Apron. I-7a. Consents to Assignments -- Robert Bielefeld to Kenai Aviation Leasing Company, LL KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 14 I-7b. Consents to Subleases -- Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc. MOTION: Council Member Swarner MOVED to approve the Consents of Lease from Robert Bielefeld to Kenai Aviation Leasing Company, LLC and the Consents to Subleases from Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc. Council member Ross SECONDED the motion and requested UNANIMOUS CONSENT. Council Member Butler stated his firm was involved in the transaction and he requested to abstain from the voting. City Attorney Graves recommended council concur and Vice Mayor Moore excused Butler from the vote. VOTE: There were no objections. SO ORDERED. I-8. Approval -- Special Use Permit/ Kenai Chamber of Commerce -- East 24,500± S.F. Portion Between the East Curbline and East Property Line of Lot 1, Gusty Subdivision, Addition No. 8. MOTION: Council Member Swarner MOVED to approve the Special Use Permit between the Kenai Chamber of Commerce and the City of Kenai for the east 24, 500± S.F. portion between the east curbline and east property line of Lot 1, Gusty Subdivision, Addition No. 8 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no public comments. Butler explained he was the Secretary/Treasurer of the Kenai Chamber of Commerce Board of Directors though he had no financial relationship. Graves stated there was no conflict of interest. Discussion followed related to extending the length of the permit to ten years. Graves explained, normally special use permits are for one year and if it was council's intention to lengthen the term, he suggested the issue be tabled and a lease prepared. Council did not request a long-term lease to be prepared. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 182 2005 PAGE 15 I-9. Approval -- Amendments to Airport Regulations -- Chapter 6.05, Short - Term and Limited Long -Term Parking. Graves explained the two changes to the regulations: (1) Using a ticketing system for parked vehicles instead of towing vehicles. The tickets would be able to be tracked and the fines would be included in the line schedule (ordinance on consent agenda). (2) An enforcement mechanism for people leaving exposed or uncovered refuse in a vehicle. MOTION: Council Member Swarner MOVED to approve the changes to the Airport Regulations and Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. I-10. Discussion -- Proposed City of Kenai Mini -Grant Item was removed from the agenda. I-11. Discussion -- Donation Request of K-6 Boat to Kenai Landing, Inc. Kopp reviewed information distributed at the beginning of the meeting, noting Kenai Landing Inc. purchased the K-6 boat from Jeff Jefferson for one dollar; subsequent to that, it was learned the City of Kenai was the owner of the boat through a donation made in 1993 with the Visitors Center accepting the boat; and, the boat was placed at the Visitors Center. Graves also reported, it appeared the boat was donated by Jefferson to the city in 1992 or 1993; there was a second donation to Kenai Landing; Kenai Landing wished to move the boat to their premises; and, the issue was brought to the city's attention by the Visitors Center. Graves suggested the city work with Kenai Landing to research the issue and work on an acceptable resolution. Consensus of council was agreement with Graves. Ross requested administration to bring the issue back to council for discussion at that time. Butler agreed and noted he believed there were two issues, i.e. the administrative side and how the city manages its assets, whether to make them available for commercial use. Butler 1 requested that issue be addressed. Moore stated he was not convinced of the city's ownership of the boat. KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 16 Dan Van Zee, 37035 Nicholas Lane, Soldotna -- Van Zee stated he was representing Kenai Landing, and noted the city was expending time in researching the issue and the Landing was spending money in preparing for the boat to be displayed as an entry statement to the property. Van Zee distributed photographs of the boat and gave a brief history about the type of boat, noting there were only about three of its type left in the area. He explained, they believed the boat required some attention to preserve it; asked council to honor the donor's wishes and allow Kenai Landing to place the boat on public display there; and, if placed at the Landing, the boat would be preserved and maintained. Ross stated he was not ready to make a decision without further research and information from administration and the donor. Mya Renken, Executive Director, Kenai Convention & Visitors Center, 11471 Kenai Spur Highway, Kenai -- Renken stated they were unable to dispute what Van Zee said regarding the condition of the boat. However, she hoped the discussion would initiate some action related to care of the boat; if it is restored, it would be displayed outside the Center; and, council needed to decide what would be in the best interest of the city and the city's assets. Consensus of council was for administration to research the issue further and return it for further discussion at a later date. ITEM J: COMMISSION/ COMMITTEE REPORTS J-1. Council on Aging -- No report. J-2. Airport Commission -- Council Member Swarner reported another work session related to the airport supplemental plan was held May 12. J-3. Harbor Commission -- Council Member Massie reported the meeting summary was included in the packet. J-4. Library Commission -- No report. J-5. Parks & Recreation Commission -- Vice Mayor Moore reported the next meeting was scheduled for June 2. J-6. Planning & Zoning Commission -- Council Member Ross reported the meeting minutes were included in the packet. J-7. Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 17 J-7a. Beautification Committee -- Massie reported the meeting summary was included in the packet. Swarner noted, volunteer planting day would be held May 28. J-7b, Alaska Municipal League Report -- Swarner reported she participated in a teleconference call with the legislative subcommittee. Their main issues of concern were still unresolved. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported efforts were being made in arranging for telecasting, website work, selling of merchandise, etc. He noted, the International Committee would be visiting June 5 for meetings. J-7d. Stranded Gas Committee -- Ross reported a meeting was tentatively set for June in Anchorage. He also reported the Agrium Task Force learned the TAA status was awarded and the employees were being assisted; Agrium extended their deadline for proposals for gas; and, their next meeting would be held in June. ITEM K: REPORT OF THE MAYOR -- Vice Mayor Moore referred to a thank -you letter included in the packet from the Portland, OR police chief. ITEM L: ADMINISTRATION REPORTS City Manager -- Acting City Manager Kopp reported the following: • Ambulance fees would be increased (memorandum included in the packet) . • The Soccer Club requested use of the Millennium Square property/ grass field for temporary use summer use. They would be working with the Parks & Recreation Department to seed and fertilize. Council had no objections. • The Kenai Historical Society requested matching funds from the city for siding of their building which they lease from the city. The Society has $5,000 to match with city funds. In a memorandum from Public Works Manager La Shot, it was reported $7,500 was available for use from the Buildings budget, however estimated costs for residing, painting, etc. would be $10,000. Ross recommended going forward and partnering with the Historical Society to repair the building. No obj ections from council were stated. • The Alaska Peace Officers Association statewide conference would be held in Kenai during the next week. • A bid for concrete repairs throughout the city was being advertised and the award of bid was planned for June 1. KENAI CITY COUNCIL MEETING MAY 18, 2005 PAGE 18 L-2. Attorney -- Attorney Graves reported he was working with the airport consultant in preparing ordinances to amend the airport code and financial control of the airport. L-3. City Clerk -- City Clerk Freas reported the Fifth Annual Peninsula Air Fair was scheduled for May 21 and activities would be taking place at both the Kenai and Soldotna airports. ITEM M: DISCUSSION M-1. Citizens -- None. M-2. Council -- Swarner -- Noted the following: • The next work session with the airport consultants was scheduled for June 13. • She would not be in attendance at the June 1, 2005 council meeting. • Invited the elected officials to participate in National Hunger Awareness Week by serving meals at the Food Bank. Massie -- No comments. Ross -- No comments. Gilman -- No comments. Butler -- No comments EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:44 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk aPPtovEc BY cauNcn oArE ciff CLERK