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HomeMy WebLinkAbout2005-08-17 Council Minutes1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.ken.ai.ak.us 6:00 P.M., Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission PZ05-35 -- An application to amend a Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table for the property known as Tract Al, Beaver Loop Acres Add No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai, Alaska. Appeal submitted by James A. Krein. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2111-2005 -- Increasing Estimated Revenues and Appropriations by $6,512.22 in the General Fund for Donations Made to the Officer John Watson Memorial Fund to be Used for the Town Clock. 2. Ordinance No. 2112-2005 -- Amending KMC 14.22.010 to Allow Seasonal and Temporary Food Service as an Allowed Use. 3. Ordinance No. 2113-2005 -- Amending the Land Use Table at KMC 14.22.010 to Allow Retail Businesses Such as Gift Shops and Coffee Shops in the Education Zone as a Secondary Use. 1 4. Ordinance No. 2114-2005 -- Amending the Kenai Municipal Code by Adding 22.05.105 Entitled "Temporary Airport Land Sale Moratorium" to Impose a Temporary Moratorium on the Sale of City Lands Within a Proposed Airport Reserve Zone, With the Exception That This Moratorium Shall Not Apply to Lands Already Leased With a Right of Purchase. 5. Resolution No. 2005-38 -- Transferring $15,000 in the General Fund to Purchase Fuel. 6. Resolution No. 2005-39 -- Awarding the Bids for an Airport Pickup for the Total Amount of $26,791.31 and Two Police Sedans for the Total Amount of $47,096.60 to Great Bear Ford and the Bids for a Building Maintenance Van for the Total Amount of $22,487.00 and a Water & Sewer Cab and Chassis for the Total Amount of $36,32 1.00 to Hutchings Chevrolet Cadillac, Inc. 7. Resolution No. 2005-40 -- Awarding the Bid to ACCEL Fire Systems, Inc. for Multipurpose Facility Arctic Winter Games Fire Standpipe Installation - 2005 for the Total Amount of $22,334.00. 8. Resolution No. 2005-41 -- Supporting the City's Application to the Alaska Department of Environmental Conservation FY 07 Capital Municipal Matching Grant Program for Arsenic Water Treatment Upgrades. 9. Resolution No. 2005-42 -- Transferring $7,000 in the Airport Land System Special Revenue Fund for Improvements at the Airport Operations Facility Requested by the Arctic Winter Games Host Society. ITEM G: 1. ITEM H: 1. 2. ITEM I: 1. 2. 3. 4. MINUTES *Regular City Council Meeting of August 3, 2005. OLD BUSINESS Discussion -- Conoco/Phillips Multipurpose Facility Naming Proposal. Discussion -- Sale of City Wetlands to The Conservation Fund. NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Approval -- Assignments of Leases From Capital Crossing Bank to MITAK, LLC / Lots 1 and 1-A, Aleyeska Subdivision, Part 3. Approval -- Eagle Bluff Subdivision Plat 5. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Denial of PZ05-46 filed by Jay T &Williams A. Snow. 6. Discussion -- Set Net Drive L.I.D./City Manager Report to City Council. 7. Discussion -- City Manager Search Proposal. ITEM J: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks &Recreation Commission 6. Planning &Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: 1. 2. 3. ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING M ►y i i► i� IM'] 6:00 P.M., Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission PZ05-35 -- An application to amend a Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table for the property known as Tract Al, Beaver Loop Acres Add No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai, Alaska. Appeal submitted by James A. Krein. 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: Linda Swarner Cliff Massie Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor Joe Moore, Vice Mayor A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: SUBSTITUTE: F-3, Substitute Ordinance No. 2113-2005 (Change in third "whereas" paragraph -- "retail/wholesale business" amended to read "retail business.") ADD TO: F-4, KH memorandum explaining impacts of Ordinance No. 2114-2005 to potential airport land sales. ADD TO: J-5, Parks & Recreation Commission Application -- Joe Foglia KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 2 MOTION: Council Member Moore MOVED to approve the agenda with the changes noted and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: Council Member Massie MOVED for approval of the consent agenda as presented and Council Member Butler SECONDED the motion. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS Chris Hayes, Arctic Winter Games -- Hayes gave a brief report of activities taking place in preparing for the Games, noting the work at the multipurpose facility was going well, and they were accessing the funds (reimbursing the city) as quickly as possible. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick -- Glick gave a report noting actions taken by the Assembly at their August 16 meeting, including acceptances of grants; increasing the property used for the Tsalteshi Trails and amending their use agreement; approval of a land swap with the City of Soldotna for the development of a community cemetery; and approval of ballot proposition summaries. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Kenai Convention & Visitors Bureau -- Renken gave a brief outline of activities taking place at the Visitors Center, including receipt of a grant to allow the summer's art show to travel to Fairbanks, "Kenai Experience" is next year's art show KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 3 theme, and they will be working with Arctic Winter Games to use the Center to house a special exhibit on the history of the Games. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2111-2005 -- Increasing Estimated Revenues and Appropriations by $6,512.22 in the General Fund for Donations Made to the Officer John Watson Memorial Fund to be Used for the Town Clock. MOTION. Council Member Swarner MOVED for the adoption of Ordinance No. 2111-2005 and Council Member Butler SECONDED the motion. There were no public or council comments. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. F-2, Ordinance No. 2112-2005 -- Amending KMC 14.22.010 to Allow Seasonal and Temporary Food Service as an Allowed Use. MOTION: Council member Swarner MOVED for the adoption of Ordinance No. 2112-2005 and Council member Massie SECONDED the motion. There were no public comments. Acting City Manager Kopp noted, the ordinance was developed due to interest of people wanting to conduct vending operations during the dip net fishery. Comments of council included: • Permitting should be required to sell food to regulate cleaning up of trash, etc. • The Planning 8ti Zoning Commission passed a resolution recommending the code change based on it being a permitted use with the owner of the property (the city) having authority over how the property is used. As conservation -zoned property, commercial use was not allowed. The question was raised when administration was investigating the possibility of KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 4 advertising a Request for Proposals for a vendor to operate out of the parking lot. It was discovered that could not take place because of the zone restrictions. • Space availability is limited and the city should retain control of where a business would be placed. • The Request for Proposal and and/or Special Use Permit should be brought to council for final approval. • Concern was expressed where the new outhouse would be placed and care should be given not to place the vendor too close to the same area. • The placement plan for vendors, etc. will be included in the 2005 dip net fishery report being developed with recommendations, etc. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. F-3. Ordinance No. 2113-2005 -- Amending the Land Use Table at KMC 14.22.010 to Allow Retail Businesses Such as Gift Shops and Coffee Shops in the Education Zone as a Secondary Use. MOTION: Council Member Butler MOVED for the adoption of Substitute Ordinance No. 2113- 2005 and Council Member Ross SECONDED the motion. There were no public comments. Council Member Ross explained, the code change would allow gift shops and snack shops in the Education Zone, i.e. multipurpose facility, in the schools, etc. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. F-4, Ordinance No. 2114-2005 -- Amending the Kenai Municipal Code by Adding 22.05.105 Entitled "Temporary Airport Land Sale Moratorium" to Impose a Temporary Moratorium on the Sale of City Lands Within a KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 5 Proposed Airport Reserve Zone, With the Exception That This Moratorium Shall Not Apply to Lands Already Leased With a Right of Purchase. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2114-2005 and Council Member Massie SECONDED the motion. There were no public comments. Porter referred to the memorandum added to the packet which identified properties to be impacted. It was also noted, the issue was identified by the airport consultants and the ordinance addressed some of their concerns. Swarner noted her concern to act on the ordinance before the final report is received from the consultants. MOTION TO TABLE: Council Member Swarner MOVED to table Ordinance No. 2114-2005 and Council Member Ross SECONDED the motion. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. F-5, Resolution No. 2005-38 -- Transferring $15,000 in the General Fund to Purchase Fuel. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-38 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-64, Resolution No. 2005-39 -- Awarding the Bids for an Airport Pickup for the Total Amount of $26,791.31 and Two Police Sedans for the Total KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 6 Amount of $47,096.60 to Great Bear Ford and the Bids for a Building Maintenance Van for the Total Amount of $22,487.00 and a Water & Sewer Cab and Chassis for the Total Amount of $36,32 1.00 to Hutchings Chevrolet Cadillac, Inc. MOTION. Council Member Ross MOVED for approval of Resolution No. 2005-39 and Council Member Moore SECONDED the motion. There were no public comments. Council Member Butler reported Hutchings Chevrolet is a client of his firm, though he was not familiar with the bid or dealings the company has with the city. City Attorney Graves stated he understood Butler would have no direct financial impact from the award of the bid and Butler's connection with the company is minimal. He added, Butler's disclosure would cure any conflict and believed Butler could vote on the resolution. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. F-7, Resolution No. 2005-40 -- Awarding the Bid to ACCEL Fire Systems, Inc. for Multipurpose Facility Arctic Winter Games Fire Standpipe Installation - 2005 for the Total Amount of $22,334.00. MOTION: Council Member Massie MOVED for approval of Resolution No. 2005-40 and Council Member Butler SECONDED the motion. There were no public comments. It was noted, ACCEL Fire Systems, Inc. was an Alaska firm. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes - KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 7 MOTION PASSED UNANIMOUSLY. F-8. Resolution No. 2005-41 -- Supporting the City's Application to the Alaska Department of Environmental Conservation FY 07 Capital Municipal Matching Grant Program for Arsenic Water Treatment Upgrades. MOTION: Council Member Massie MOVED for approval of Resolution No. 2005-41. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. \ F-9. Resolution No. 2005-42 -- Transferring $7,000 in the Airport Land t System Special Revenue Fund for Improvements at the Airport Operations Facility Requested by the Arctic Winter Games Host Society. MOTION: Council Member Butler MOVED for adoption of Resolution No. 2005-42. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM G! MINUTES G-1, Regular City Council Meeting of August 3, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Conoco/Phillips Multipurpose Facility Naming Proposal. Kopp explained the draft agreement included in the was similar to the one council reviewed at a previous meeting, but included new language in Paragraph 8 stating, KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 8 "However, if the City elects to continue the same or a substantially similar advertising and naming program, ConocoPhillips will have the right of first refusal for additional three-year terms if ConocoPhillips chooses to match the highest bid or proposal." Discussion followed with comments including: • The right of first refusal is for the multipurpose facility only. If another facility would be advertised in a similar way, ConocoPhillips would have to vie for it with any other group. • Concern expressed including a "right of first refusal" would make a sham of the bidding process and would it be a "deal killer." • The "right of first refusal" was requested by ConocoPhillips because they approached the city initially and feel they should be provided with the right. • Signage to be placed by ConocoPhillips will be at a substantial cost. • Concern the initial testimony indicated the right of first refusal would be for three years and not six years. • Concern the way in which the paragraph read, they would always have the right of first refusal. } Council Member Gilman stated he believed the agreement meant the name of the facility would be ConocoPhillips/City of Kenai Multipurpose Facility for perpetuity and he would not support the agreement as it was currently written. He also noted, he believed having the right of first refusal would deter other companies from bidding because ConocoPhillips would just match the bid. MOTION TO AMEND: Council Member Ross MOVED to amend Paragraph 8, second sentence, to read: "However, if the City elects to continue the same or a substantially similar advertising and naming program, ConocoPhillips will have the right of first refusal for an additional three-year term." (removing "...if ConocoPhillips chooses to match the highest bid or proposal." Council Member Moore SECONDED the motion. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. It was noted, there had been no motion to approve on the floor. -KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 9 Council Member Massie stated he would not support the agreement because the city had no policy established for naming buildings. MOTION: Council Member Swarner MOVED to approve the agreement entitled "Kenai Multipurpose Facility Advertising and Naming Agreement" with ConocoPhillips as amended. Council Member Ross SECONDED the motion. VOTE: Swarner Yes Massie No Ross Yes Gilman No Butler Yes Porter Yes Moore Yes MOTION PASSED. BREAK TAKEN: 8:05 P.M. } BACK TO ORDER: 8:17 P.M. H-2. Discussion -- Sale of City Wetlands to The Conservation Fund. Kopp referred to information included in the packet and noted: • The Conservation Fund is interested in purchasing from the city, Parcels 1, 2, 4, 5, and 6 at the appraised value. • Parcel 3 was not being considered as it included a substantial amount of uplands in the parcel. • The offer is $557,000 cash payment to the city. Brad Meiklejohn, The Conservation Fund -- Noted the following: • The Conservation Fund is a national non-profit organization and had been in Alaska since 1984. • They received a grant from a federal funding source for wetlands conservation on the Kenai River that was due to expire on August 22, 2005. • They had done some projects on the Peninsula and had approximately $600,000 of residual funds they would either use or lose. • Because of another project not going through, they offered to talk to the city about purchase of the wetlands to conserve them for their value to migratory birds, water quality, and fish habitat. • They received a letter from the city indicating a willingness to enter the conservation about it which allowed them to acquire a year's extension on the funds. They now have until August 22, 2006 to investigate further a transaction with the city. KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 10 • They are open to any configuration of the properties, i.e. any, all, or none of the parcels. • They would like the parcels to remain in their natural state in perpetuity, which is the purpose of the funding source. • The parcels identified would be the best fit to their funding and purposes, i.e. principally for migratory bird habitat • They would be open to purchase of Parcel 2 with the "panhandle" portion retained by the city; the city's appraiser was asked to look again at the value of Parcel 2 if the panhandle was removed; the appraiser's report was expected in the next few days. • If the city would like to expand the conversation, there are lands below the bridge that would be of equal importance to them for migratory bird habitat, however they understood from past discussions, those properties were not on the table for consideration. Discussion followed in which comments from council included: • The city's intention for use of the funds would possibly be for capital improvement projects, which would be presented during the next budget cycle (possibly seven or eight projects). • Council Member Gilman suggested the sale of the property go forward except the panhandle piece and the funds received be dedicated toward parks. MOTION: Council Member Gilman MOVED the city to sell to The Conservation Fund Parcels 1, 2 (as modified by taking off the panhandle), 4, 5, and 6. Council Member Massie SECONDED the motion. Ross noted, he did not believe the sale of the properties could be done by a motion, but would need an ordinance brought forward. Attorney Graves stated he understood the intent of the motion was for administration to prepare an ordinance to sell the properties, deleting the panhandle of Parcel 2 and Parcel 3 and following the code process. Council Member Moore noted, the issue included a lot of river property; the properties below the bridge were not included due to significant commercial development; the city has always prided itself in controlling the development along the river within the city limits; this action would give up a significant amount of shoreline within the city; and, he would give the sale a lot of thought. Ross stated he also had some of the same concerns and requested the ordinance be given two public hearings. KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 11 VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. It was noted, Meiklejohn would be present for the second hearing on the ordinance (September 21). Meiklejohn also suggested the sale of a conservation easement in which the city would retain ownership of the property, but sell development rights, which could address some of the concerns of retaining ownership. Because the properties are wetlands, there would not be a lot of retained development rights and the city would probably receive close to 100% of the value of the properties. Graves asked if council wanted an alternate ordinance prepared to convey only a conservation easement and retain the fee interest in the property. He explained, this would allow the council to have both options on the table to explore and administration could work with Meiklejohn for the amounts. Meiklejohn added, if council would choose that option, the appraisal of the conservation easement would be needed. The sale amount would then be a percentage of the fair market value of the current appraised value and may not happen until the end of September. ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: Council Member Butler MOVED to pay the bills. Council Member Moore 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 to approve the purchase orders exceeding $2,500. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 12 I-3. Approval -- Assignments of Leases From Capital Crossing Bank to MITAK, LLC / Lots 1 and 1-A, Aleyeska Subdivision, Part 3. Kopp explained, the sale of the Katmai Motel would be completed if the Assignment of Lease would be approved by council; the buyer was aware of the condition of the building and planned to gut it and start over; and, there will be a property manager on site within a month. MOTION: Council Member Swarner MOVED to approve the Assignment of Lease from Capital Crossing Bank to MITAK, LLC/ Lots 1 and 1-A, Aleyeska Subdivision, Part 3 for the Katmail Motel properties contingent on all monies owed to the City of Kenai are paid. Council Member Moore SECONDED the motion. Attorney Graves noted he had no objection to the assignments. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. I-4. Approval -- Eagle Bluff Subdivision Plat Kopp explained the Planning & Zoning Commission recommended approval of the plat at its August 10 meeting; the plat included 17 lots; the Commission approved the plat with conditions requiring construction setbacks, street light installation, cul-de-sac requirements, etc. Public Works Manager La Shot also noted, the plat was brought to council because it requires a dedication of city property and council's approval would give the city manager authorization to sign the plat. Also, a signature line would be included on the plat for the lessee of the golf course due to the dedication of property they are easing. Ross questioned whether any of the city property carried restrictions of the Bureau of Outdoor Recreation (BOR). The concern was briefly discussed and it was felt the approval could move forward contingent upon assurance, after investigation by administration, the properties did not carry any BOR restrictions. MOTION: KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 13 Council Member Ross MOVED to approve the preliminary plat for Eagle Bluff Subdivision subject to administration confirming it would not be in violation of Bureau of Outdoor Recreation restrictions. Council Member Swarner SECONDED the motion. VOTE: Swarner Yes Massie Yes Ross Yes Gilman Yes Butler Yes Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. I-5. Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Denial of PZ05-46 filed by Jay T &Williams A. Snow. Council scheduled the Board of Adjustment Hearing for September 7, 2006 beginning at 6:00 p.m. in the City Council Chambers. I-6. Discussion -- Set Net Drive L.I.D./City Manager Report to City Council. Kopp referred to a copy of the City Manager's report to Council related to the proposed L.I.D. Kopp noted, the report indicated the cost of the project would be $200,000; would save the city maintenance costs; the residents' cost would be 50%; the city's costs would be covered by state funds; the balance of $117,000 in the street improvement funds could also be used; and, the city has money set aside for the its match. Kopp asked if council wanted to move forward with the project and council answered yes. I-7, Discussion -- City Manager Search Proposal. Kopp referred to information included in the packet indicating advertising venues, costs, advertisements, fact sheet, screening and scoring plan, etc. After reviewing the information with council, no changes were made to the information and council stated no objections to the plan. ITEM J: COMMISSION/COMMITTEE REPORTS J-11 Council on Aging -- No report; the meeting summary was included in the packet. KENAI CITY COUNCIL MEETING AUGUST 17 2005 PAGE 14 J-24, Airport Commission -- It was noted, there was no quorum for the August 11 meeting. Kopp reported the application for developing Tract A had been pulled by Mr. Tulin due to the cost of developing the site, and because the applicant was very committed to other projects. Kopp added, Tulin stated he had no problem with working with administration. Kopp also reported he wanted to meet with Federal Express representatives (Tulin plan was to develop Tract A for Federal Express' use). Swarner asked if there were any plans or projects for developing the tract and Kopp reported administration discussed the property with the airport consultant and they will make their recommendations a part of their final report. Discussion continued related to a suggestion the city could assist in the development of Tract A as an incentive; developing Tract A would require removal of overburden; drainage problems had been addressed for that property; and, drainage problems are being investigated for other Willow Street properties. It was suggested council await the consultants' final report. Graves noted, he anticipated there would be code changes to allow the city to develop a lot and add a surcharge to the lease rate to recapture the development costs. J-3. Harbor Commission -- The meeting was cancelled. J-4. Library Commission -- The meeting was cancelled. Porter referred to the application of Eileen Bryson for appointment to the Commission. Council had no objections to the appointment. J-5. Parks & Recreation Commission -- It reported, there was no quorum for the August 4 meeting. Porter referred to the application of Joe Fogglia for appointment to the Commission. Council had no objections to the appointment. J-6. Planning & Zoning Commission -- Ross reported the minutes of the August 10 meeting were included in the packet. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner noted the meeting summary was included in the packet. J-7b. Alaska Municipal League Report -- Swarner reported she would not be attending the Legislative Committee meeting in Skagway. J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported 1 Dave Feeken, the Sports Chair, had resigned. Frates also gave a brief report of issues discussed at the last committee meetin . g KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 15 J-7d. Stranded Gas Committee -- Ross reported he would be attending an Agrium Task Force meeting on Tuesday, August 23 and a Stranded Gas meeting telephonically on August 25. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She attended the Dena'ina Health Center opening. • She attended the Frontier Community Services picnic. • The city received a thank -you letter for its assistance with the Kenai River Festival. ITEM L: ADMINISTRATION REPORTS City Manager -- Acting City Manager Kopp reported the following: • Taxable sales in Kenai increased by 2.84% from last year. • The department head reports were included in the packet. • The clock works were expected to be delivered in October and everything will be ready for placement. • The dip net revenue increased from last year and the final financial information will be included with the year's dip net fishery report. • He received a request from the Boys & Girls Club to continue their management of the facility for two years. • The Code Enforcement Officer resigned. Kopp explained the current budget allowed for 166 total hours and with the remaining current budget approximately ten hours a month could be funded until the end of the fiscal year. Kopp recommended funds be transferred from the General Fund to allow additional hours, etc. A brief discussion took place related to the desire for the position to continue with more hours due to the amount of cases, desire of residents to clean-up their neighborhoods, amount of pending cases, etc. Finance Director Semmens stated he believed a transfer of $10,000 would cover the additional hours proposed. Council agreed a resolution to transfer $10,000 should be prepared and brought forward. The issue could be debated at that time. • An ordinance will be prepared to appropriate funds received from the land exchange with The Conservation Fund. L-2. Attorney -- Attorney Graves noted, with school starting, he suggested council might want to address how a student representative would be chosen. It was decided Council Member Massie would discuss the issue with administration. KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 16 L-3. City Clerk -- Clerk Freas read into the record, the results of a telephone poll taken on August 8, 2005: Administration is requesting Council to approve a purchase order to SGS Environmental for the purpose of testing water samples from the West Coast Filters pilot study at Well No. 4. The purchase order is in the amount of $4,219.00; the sampling requirements and the price quote were forwarded to the Public Works Department too late for the August 3, 2005 council meeting; the work is grant eligible and project funds will cover the cost of the work; and, the first samples are being sent today to SGS in Anchorage for testing if the purchase order is approved by city council. Some samples have to be tested within 48 hours from taking the sample. Vote: Porter: Yes Butler: Yes Massie: Yes Gilman: Yes } Swarner: Yes Moore: Yes Ross: Unavailable. Freas noted the poll was authorized by Acting City Manager Kopp; signed by Finance Director Semmens; attested by City Clerk Freas; and the poll was taken by Freas. ITEM-M. DISCUSSION M-10 Citizens Bob Peters -- Requested an update of the results of the Corps report related to the bluff erosion project. Kopp reported he read the summary and gave a brief report. He noted, he would be writing a follow-up letter to the Corps, responding to their findings and indicating the city's interest is not well -served by comparing its project to another event in other communities as the Kenai bluff erosion has been an ongoing issue for 30-40 years. Kopp added, there was nothing in the study to put the city's project out of the running; the city will be reviewing all the studies that have been done; the study stated impacts are fairly minimal but whether federal funding would be given was not known; and, the study suggested several more studies which probably could be paid for through additional federal funding. Kopp noted, two copies of the report were given to the city and one of them had been placed at the library for public review. J M-2. Council A KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 17 Butler -- No comments. Gilman -- Noted a concern with trash needing to be picked up by an empty lot in Kenai. Kopp noted, when the property is one that adjoins to a state right-of-way, it's a community interest problem. When it is along private business lines, it is more problematic. Parks 8. Recreation Director Frates reported the wind carries much of the trash to that fence and that the trash had been picked up, though it is an ongoing problem. Ross -- No comments. Massie -- No comments. Swarner -- Noted the following: • The Parks 8s Recreation report relating to the rental of a mower to assist in the summer's mowing. • Reminded those present of the Airport Commission work session scheduled for August 25, 2005 from 6-9:00 p.m. in the council chambers. • The Old Timers' lunch would take place at the Senior Center on August 18. • The Kenai Peninsula Food Bank Soup Supper would be held on August 26. Moore -- Stated concerns related to the dip net fishery and suggested the city stay involved with input as to how it evolves through discussions with Fish & Game. Kopp noted, upon completion of administration's 2005 dip net report, the Harbor Commission will review it and make recommendations. The report would then be forwarded to council for review. If council wishes, a work session could be scheduled to review it further. Kopp added, it is a management issue and administration spends a lot of time in managing, planning, and working with the commission and Council. Massie suggested both the Harbor and Parks 8. Recreation Commissions review the report and suggested a joint work session with the commissions and council could be scheduled. Porter -- Noted commission/committee reports in the packet and the number of them who were unable to hold a meeting due to no quorums. She suggested the rules and regulations may be too stringent and for council to think about the issue to discuss further at the strategic planning session. Ross agreed and suggested consideration may want to be given to teleconferencing of meetings. EXECUTIVE SESSION -- None Scheduled KENAI CITY COUNCIL MEETING AUGUST 17, 2005 PAGE 18 ITEM N: ADJOURNMENT The meeting adjourned at approximately 9:44 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Aft0VL:D 1:?4 ��- BY COUNCIL C! CtERM