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Home My WebLink About2004-08-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 4, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www. ci . kenai . ak. u s 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. Brie Darr, U.S. Fish &Wildlife Service -- Wetlands Protection/Ftiiture Grants. 2. Leon Quesnel -- KPD response. 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. 2052-2004 -- Adopting KMC 13.40.055 to Require Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and Fastened, Certified, Protective Helmet While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. (Clerk's Note: A Motion for Reconsideration was made by Council Member Moore at the July 7, 2004 Council Meeting and is on the table for action.) 2. Ordinance No. 2056-2004 -- Increasing Estimated Revenues and � Appropriations by $51,491 in the General Find for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys &Girls Club of the Kenai Peninsula. 3. Ordinance No. 2057-2004 -- Dedicating Certain City -Owned Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed for a Public Purpose. 4. Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's Bail Schedule. 5. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two Four -Door Police Package Sedans for the Total Amount of $46,069.90. 6. Resolution No. 2004-41 -- Transferring $2,694 From the General Fund Contingency to Animal Control Machinery and Equipment. 7. Resolution No. 2004-42 -- Awarding the Bid to Great Bear Ford for an Animal Control 4x4, 3/4-Ton Pickup Truck for the Total Amount of $23)693.76. 8. Resolution No. 2004-43 -- Transferring $12,000 From the General Fund Contingency to Parks - Improvements Other Than Buildings to Match a U.S. Fish and Wildlife Grant. 9. Resolution No. 2004-44 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Municipal Airport Terminal Modifications - 2004 for the Total Amount of $358,815.00. 10. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. ITEM G: MINUTES 1. *Regular Meeting of July 21, 2004. ITEM H: OLD BUSINESS 1. Discussion -- Lawton Acres/Preliminary Plat 2. Approval -- Policy for Commissions, Committees and Boards ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. 4. Approval -- Agreement/Frisby Golf Course/East End Trails ITEM J: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v 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: 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 AUGUST 4, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt : Z Z www.ci.kenai.ak.us ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7: p.m. in the Council Chambers in the Kenai City Hall Building. A-1, PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was confirmed as follows: Blaine Gilman Rick Ross John J. Williams, Mayor James C. Bookey, III Linda Swarner Joe Moore Pat Porter A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE. F-1, Substitute No. 2 -- Ordinance No. 2052-2004 (helmet ordinance), including amendments made at July 7 council meeting. ADD TO: F-1, Nolan T. Compton email correspondence -- relating to the helmet ordinance. SUBSTITUTE: I-4, Agreement for the Use of East End Park for Disk Golf -- Updated version. SUBSTITUTE: L-1, City Manager Report -- Corrected KK Memorandum included in the "Dip Net Info" Report. MOTION TO AMEND THE AGENDA: Council Member Gilman MOVED to rearrange the agenda to allow the public hearing on Item F-10, Resolution No. 2004-45 to be heard immediately following F-1, Ordinance No. 2052-2004. There were no objections. SO ORDERED. MOTION TO APPROVE: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 2 MOTION: Council Member Bookey MOVED to approve 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, Brie Darr, U.S. Fish & Wildlife Service -- Wetlands Protection/ Future Grants. Darr gave a presentation related to Resolution No. 2004-43, protection of "No -Name Creek" which gathers water from two forks and comes together above the beach at the mouth of the Kenai River. She noted, the Fish & Wildlife Service researched the creek approximately twenty years prior and found it to be supporting Cohoe, Sockeye, and Chinook fry, plus other fish species. A follow-up study was made in 2003 and those species were again found in the creek. Additionally, Darr noted, the trail leading from Municipal Park to the beach is being damaged from off -road vehicle traffic and causing problems for the stream and wetlands. She noted, the city and Fish & Wildlife have partnered to attend to these concerns through the placement of post and rope barriers along the trail, signage, and placement of barriers to block access to the trail by the off -road vehicles. Educational classes to inform the public of the concerns was suggested. Also discussed was the city and Fish & Wildlife working with the Kenaitze Indian Tribe in naming the creek. B-2. Leon Quesnel -- KPD response. Quesnel gave his address as 516 Hemlock, Kenai and read into the record the letter which was included in the packet relating to a dog problem he and his family reported to the Kenai Police Department and was subsequently attended to by the Police as well as the Animal Control Officer. Quesnel suggested an ordinance be developed that would require animals of the type described in his letter to be restrained on the owners' property that would not allow the animals to escape. A brief discussion followed in which Police Chief Kopp noted the call history of the neighborhood relating to animal control issues and the city's response to them. ITEM C: UNSCHEDULED PUBLIC COMMENTS Bill Osborn, 423 Rogers Road, Kenai -- Discussed his concerns with motorized scooters and their operators riding them on residential streets. Osborn stated he felt �KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 3 they were a public hazard. Kopp noted the scooters are very popular, however recent legislation allows them to be used on bike trails and city streets. Emily DeForest -- Noted the process for naming streams, etc. is through the Alaska Historical Society. ITEM D: -- No report. ITEM E: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Sue Carter, Interim Director, with Casey Reynolds of the Kenai Peninsula Economic Development District reported they had held preliminary discussions related to development of a response plan to requests for relocation information, business inquiries, etc. and gave a brief explanation of the plan. They also explained, they had discussed development of an informational brochure of the area, possibly in a CD platform, that could be mailed to prospective businesses, used as a sales presentation, marketing, etc. A Memorandum of Understanding between the City of Kenai and the Chamber would need to be developed, as well as an authorization for the Chamber's use of the funds included in the legislative budget for the purpose of developing a brochure, etc. Consensus of council was for Chamber representatives to work with administration to - prepare a draft memorandum of agreement, proposed budget, etc. and to include the issue as a discussion item for the August 18, 2004 council meeting. ITEM F: PUBLIC HEARINGS F-1. Ordinance No. 2052-2004 -- Adopting KMC 13.40.055 to Require Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and Fastened, Certified, Protective Helmet While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. (Clerk's Note: A Motion for Reconsideration was made by Council Member Moore at the July 7, 2004 Council Meeting and is on the table for action.) VOTE ON MOTION FOR RECONSIDERATION: Gilman Yes Ross No Williams Yes Bookey No Swarner Yes Moore Yes Porter Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 4 MOTION PASSED, MOTION TO SUBSTITUTE: Council Member Moore MOVED to substitute Ordinance No. 2052-2004 with the substitute ordinance labeled F-1, Substitute #2. Council Member Porter SECONDED the motion. The public hearing was opened by Mayor Williams. Richard Warrington, Kenai -- Encouraged council to pass the ordinance Jane Feldman, Kenai Peninsula Safe Kids/Central Peninsula General Hospital -- Stated her continued support of the ordinance over the resolution. She stated she believes education is a very important component and should continue, and enforcement of the ordinance should involve the schools, police, fire, etc. Nate Kiel, 404 Lawton, Kenai -- Stated he supported the ordinance because he believes it covers different types of recreational activities. Kiel also agreed the requirement of wearing helmets and face protection at the Multipurpose Facility could be better addressed by a policy of the facility. When asked the Borough requirement for wearing helmets on Borough property, Kiel stated there was no rule, and also indicated the USA Hockey program requires the use of helmets and face gear. Attorney Graves stated he would research whether the city could enforce its helmet policy on a Borough facility. Mary Warrington -- Stated her support of the helmet ordinance and encouraged its passage. Vicki Thompson -- Stated she believed a requirement to wear helmets at the skateboard park should also be made a policy and enforced through random checks and closing the park if users do not comply. Ozzie Osborne, Box 3076, Kenai -- Noted there would be figure skating activities during the Arctic Winter Games and asked if that program would have to comply with the requirements as well. Graves stated it would unless council passes an ordinance to exempt it. Mayor Williams read an email message (included in the packet) from Nolan Compton into the record. Williams stated he felt the gear requirement at the Multipurpose Facility should not be made part of the ordinance; police enforcement could be random; he preferred the ordinance rather than the resolution; and, urged council to take a positive step on the ordinance. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 5 Porter stated she believed the proposed resolution too cumbersome; believed the ordinance could be difficult for the police department to enforce, however it would be a tool for parents to use; of the community members to whom she spoke, 98% said they felt an ordinance was timely; believes inclusion of tricycles would be a training tool; agreed with the proposed amendments relating to ice skating and the Multipurpose Facility; felt a policy should be developed for the skateboard park as well as the Multipurpose Facility; and, would support the ordinance. Ross stated he still favored the resolution approach and added, he felt if the city would be exempting its property (skateboard park and Multipurpose Facility), use on private property should also be exempted. Moore stated he would support the ordinance. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2052-2004 by removing the word "ice skates" in Paragraph A and the term "Kenai Multipurpose Facility" in the same paragraph. Council Member Swarner SECONDED the motion. VOTE: Gilman Yes Ross No Williams Yes Bookey No Swarner Yes Moore Yes Porter Yes MOTION PASSED. Ross requested a clarification of the amendment and it was noted, the amendment deleted "ice skates" in Section A. Ross noted, the way the amendment read, it would apply to all of the other items (of activity) in the Multipurpose Facility because it is public property. He added, for any other activity going on in the Multipurpose Facility, users will be required to wear a helmet. Attorney Graves agreed and added, the effect of it is to eliminate the requirement for wearing a helmet while ice skating in the Multipurpose Facility. MOTION TO AMEND: Council Member Ross MOVED to amend Section A with the exception of city streets and bicycle paths, and delete "public property or private property" and make all facilities equal to the city's. Williams repeated, for clarification, the effect of the wording would require wearing of helmets in the use of any item except ice skates on any streets, sidewalks or bicycle paths, but not other public or private properties. Ross stated that was correct. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 6 Council Member Bookey SECONDED the motion. Ross stated, the testimony heard had to do with operations on streets and bike paths. If the city will exempt its property, doing it as a matter of policy and operation, he believed should be applied to the private sector (any private business/property where they allow the use of those items). Williams stated, he believed the amendment would allow a well -crafted compromise ordinance which would require the use of helmets on all the items listed, except ice skates, on all public roads, sidewalks, and bike paths of every sort within the City of Kenai. However, it would not include protections in public facilities designed for sports events but, those he believed, could be covered by regulation. Williams stated he would support the amendment. Bookey asked if the city would be able to legislate the school properties, etc. that are also public properties. Attorney Graves stated he believed Ross' amendment would delete public property and therefore the ordinance would only be applicable to highways, roads, bike paths, etc. and would not apply to the school properties proper, but the roads by the school. Moore stated he wanted to make it clear his amendment involving the Multipurpose Facility and ice skates in no way minimized the recognized danger of using the Facility with ice in and use of skates. He added, he wanted to see those concerns addressed other than the ordinance. Williams clarified the amendment would cause the ordinance to be effective only on sidewalks, bicycle paths, roadways, highways, and other transportation corridors and not public facilities, i.e. skateboard park, hockey rink, driveway of public facilities, etc. However, it gives a helmet law requiring helmets to be worn on everything else listed and also excludes the use of ice skates. VOTE ON AMENDMENT: Gilman No Ross Yes Williams Yes Bookey Yes Swarner No Moore Yes Porter Yes MOTION PASSED, Attorney Graves referred to housekeeping in the ordinance needing to be made to reflect the amendments, he requested changes to: • The title where it refers to applying to '...vehicles in public access areas' which should be amended to reflect Ross' language. • The first and third whereas paragraphs, the reference to 'skating' should be removed to reflect the earlier amendment. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 7 MOTION TO AMEND: Council Member Porter MOVED to amend the ordinance with the suggestions stated by Attorney Graves and Council Member Swarner SECONDED the motion. Bookey asked if it was the intent to change the title by deleting the wording or if there was other language that should be added. Graves referred to the fourth line where it stated "...in public access areas" and stated, his intent was to substitute with Council Member Ross' language. VOTE ON AMENDMENT: There were no objections. SO ORDERED. Gilman stated he agreed to the reconsideration of the ordinance because he wanted to hear more public testimony. He stated he would not support the ordinance because in his discussions with community members, he found their opinions split. He questioned whether it was the city's responsibility to legislate what is a parental responsibility. Gilman stated, he wants his children and others to wear helmets, but he believed the ordinance crossed the line of governmental responsibility. Bookey stated he would not support the ordinance as he believed it is a parental responsibility. He added, in his discussions with community members, most of them supported a helmet ordinance, but felt it should be state legislated. Bookey stated, he believed the resolution would be more beneficial if funding is appropriated to support it. Williams stated other communities may also see the importance of passing a similar ordinance and the progression of the local communities passing ordinances may bring the state to legislate the use of helmets as well. VOTE: Gilman No Ross No Williams Yes Bookey No Swarner Yes Moore Yes Porter Yes MOTION PASSED F-10. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 8 Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. MOTION: Council Member Gilman MOVED to approve Resolution No. 2004-45 and Council Member Porter SECONDED the motion. There were no public comments. Gilman noted, the resolution did not invalidate the ordinance and allows for an educational program for wearing helmets. Ross agreed with Gilman the resolution would be appropriate, however the resolution would set up a whole contact and semi -enforcement scheme that would be counter to the ordinance. He suggested, if a resolution is considered, it should be modified from the current one. It was noted the Fire and Police Departments currently have educational programs in place, however the resolution and funding would enhance the current programs. Williams agreed, Section 2 of the resolution was counterproductive to the ordinance because it would initiate activities by the Police Department that should be initiated in a different manner under the ordinance. He suggested a review of the resolution to make it an educational resolution would be appropriate. MOTION TO TABLE. Council Member Gilman MOVED to table Resolution 2004-45 and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. Administration was requested to bring the resolution back for consideration with appropriate amendments. F-2. Ordinance No. 2056-2004 -- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. MOTION: Council Member Bookey MOVED for adoption of Ordinance 2056-2004 and Council Member Porter SECONDED the motion. There were no public comments. City Manager Snow reported she received a call from the Interim Director who stated her gratefulness of the city's involvement with the pass -through grant and working with the Kenaitze Indian Tribe. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 9 VOTE: Gilman Yes Ross Yes Williams Yes Bookey Yes 1 Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-3. Ordinance No. 2057-2004 -- Dedicating Certain City -Owned Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed for a Public Purpose. MOTION: Council Member Porter MOVED for adoption of Ordinance No. 2057-2004 and Council Member Swarner SECONDED the motion. There were no public comments. Williams noted, administration had identified three additional properties to be removed from the sale list and kept for public purpose. The lots were identified as Parcel Nos. 4506006, 4506008 (properties are adjacent to Borough properties) and 4711602 (has a swale on the property that drains other properties in that area) . Williams stated, if the bluff erosion project comes to fruition, he believed this property, if sold now, would have to be bought back. MOTION TO AMEND: Council Member Swarner MOVED to remove the lot on Peninsula Avenue (Identified as Lots 6 and 7 on Map J) and the two lots by the by the middle school (identified on Map G) . Council Member Porter SECONDED the motion. It was explained, the Bureau of Indian Affairs has acknowledged and agrees the city owns a one-half interest in Lot 6 on Upland Street. A buyer could purchase the city's half and petition the BIA to purchase the other half. Bookey stated he wanted that information passed on to any prospective buyers, that is it is the "undivided one-half interest in the property." VOTE ON AMENDMENT: Gilman Yes Ross Yes Williams Yes Bookey es Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 10 VOTE ON MAIN AMENDED MOTION: Gilman Yes Ross Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. I-4. Approval -- Agreement/Frisby Golf Course/East End Trails This item was moved forward for consideration. City Manager Snow noted the differences between the original agreement (included in the packet) and the substitute submitted to them at the beginning of the meeting. She noted, the changes were in the third whereas, where the specified amount was removed and "Any remaining donated funds not used to purchase baskets, equipment or installation related material will be used to promote disc golf activities relating to a specified dollar value..." was added. Ross Baxter -- Updated council on the sponsorships of the baskets, etc. and noted the donations were tax deductible, and a sign will be placed to recognize the sponsors, as well as being recognized in the newspaper. Gilman questioned the indemnification paragraph and asked if there was a risk involved in the game. Attorney Graves stated he did not think there was a lot of risk and the club would not have a lot of assets and requiring insurance was not included. He had no objection to removing the requirement. Administration's thought in including an indemnification clause was for very minor damages. There were no objections by council in removing the indemnification clause. Baxter stated he was asked by a resident in that area if trees would be cut or parking needs would expand. He stated, the resident was satisfied when he told her if cutting trees or parking became an issue, the Parks 8v Recreation Commission and council would discuss the matter. Swarner questioned the language in the letter to go to donors stating the donation would be tax deductible. It was noted the letter was reviewed by the Finance Director and City Manager. It was suggested the letter state the donor should check with his/her tax advisor whether the donation will be tax deductible. Williams noted, the issue would be worked through administration. There was no objection to the agreement which would be amended by administration. BREAK TAKEN: 9:55 P.M. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 11 BACK TO ORDER: 10:04 P.M. F-4, Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's Bail Schedule. MOTION: Council Member Porter MOVED to approve Ordinance No. 2058-2004 and Council Member Swarner SECONDED the motion. There were no public council comments. VOTE: Gilman Yes Ross Yes Williams Yes -Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. F-5. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two Four -Door Police Package Sedans for the Total Amount of $46,069.90. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-40 and requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion. There were no public comments. It was noted the vehicles would be Crown Victorias, no bid was received from General Motors, and Chrysler does not make a police vehicle package. VOTE: There were no objections. SO ORDERED, F-6, Resolution No. 2004-41 -- Transferring $2,694 From the General Fund Contingency to Animal Control Machinery and Equipment. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-41 and Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 12 There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-7, Resolution No. 2004-42 -- Awarding the Bid to Great Bear Ford for an Animal Control 4x4, 3/4-Ton Pickup Truck for the Total Amount of $23,693.76. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2004-42 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public or council comments. I ) VOTE: There were no objections. SO ORDERED, F-81 Resolution No. 2004-43 -- Transferring $12,000 From the General Fund Contingency to Parks - Improvements Other Than Buildings to Match a U.S. Fish and Wildlife Grant. MOTION: Council Member Moore MOVED for approval of Resolution No. 2004-43 and requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion. There were no public comments. A brief discussion followed in which preference was expressed to use the concrete pilings as barriers which would not be able to be moved by off -road vehicles and would allow better drainage. It was also noted the pilings would be used from the parking lot and could be replaced by the logs first planned to use as barriers; there would be costs for signage, gravel, and upgrading the landing at the stairs to ADA requirements. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 13 F-9, Resolution No. 2004-44 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Municipal Airport Terminal Modifications - 2004 for the Total Amount of $358,815.00. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-44 and Council Member Swarner SECONDED the motion. There were no public comments. When asked why the engineer's estimate was so much lower than the actual bid, Public Works Manager La Shot explained the job is more complex than what the engineer had anticipated and added, three bids with good prices were received. When suggested the modifications not be made due to the difference in price, Airport Manager Cronkhite explained, the modifications would be made largely through FAA grant funds and if the funds are not used, they will be lost. She added, the project had been planned for some time and included upgrading the entrance to the terminal to ADA compliancy, replacing the sidewalk with heated sidewalk, etc. She noted, if the project is rebid, there would be no guarantee the bids would be less and administration believes the costs for the sidewalk upgrade will save money in de-icing supplies and floor/carpet care. VOTE: Council Member Bookey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, F-10. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. Heard after Item F-1. ITEM G: MINUTES G-1, Regular Meeting of July 21, 2004 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Lawton Acres/Preliminary Plat jReference was made to the zoning options information included in the packet. Preference was stated as a light commercial zone much like what is available at the ` KENAI CITY COUNCIL MEETING i AUGUST 4, 2004 PAGE 14 City of Soldotna. Council was advised, if a new zone needs to be designed, the issue should first go to the Planning & Zoning Commission to begin the process and a draft ordinance would then come to the council for consideration; the zone would be crafted without specifying where it would be used; after the zone is approved, the plat for Lawton Acres would be forwarded to the Commission and as the land owners, the City could request the light commercial zone be applied to that area; and, it will be a lengthy process. MOTION: Council Member MOVED to instruct the Planning 8, Zoning Commission to develop a limited commercial district in conjunction with administration and start the process. Council Member Porter SECONDED the motion. There were no objections. SO ORDERED, Nate Kiel, 404 Lawton -- Stated he agreed the process would take some time and it would make sense to hold off on the plat until after the zone is developed. He added, he believed the preliminary plat, with the green belt, is a good idea for what would be a transitional type of development. He also stated he would be in favor of a limited commercial zoning of the area. Kiel referred to Note 3 on the preliminary plat which stating, "No private access to State maintained ROW's permitted unless approved by the State of Alaska Department of Transportation" and asked if the city would be contacting the Department of Transportation again and Public Works Manager Kornelis answered the city had received both verbal and written approval the city would be able to have one driveway accessing two lots, however doing that would still require a permit. Porter also noted the Comprehensive Plan encourages development of commercial property and including buffer zones. Bookey stated administration should remember there should be no direct access from Lawton to the lots in order to protect the residential area. H-2. Approval -- Policy for Commissions, Committees and Boards It was noted, the Beautification Committee was omitted from Item 1, Meeting Schedules. Clerk Freas was requested to make the correction. MOTION: Council Member Porter MOVED to approve the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 15 ITEM I: NEW BUSINESS I-11 Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3. Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. Introduced by consent agenda. I-4. Approval -- Agreement/Frisby Golf Course/East End Trails Discussed and approved after Item F-3. ITEM J: COMMISSION/COMMITTEE REPORTS J-11 Council on Aging -- Swarner reported the next meeting was scheduled for August 5 at 10:00 a.m. at the Senior Center. J-2, Airport Commission -- Moore reported the next meeting would be held August 12 at 7:00 p.m. in the council chambers. J-3. Harbor Commission -- Bookey reported the next meeting would be held Monday, August 9 in the council chambers. J-4. Library Commission -- Gilman reported a meeting was held August 3 at which the Commission discussed the approved formation of a Library Commission Subcommittee to discuss the possible relocation of the Court System Law Library at the Community Library and the impact such a relocation could have, etc. He also `KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 16 noted, the library received a $5,000 grant for medical reference materials and the Friends of the Library were selling tickets for their annual fund raiser. J-5. Parks & Recreation Commission -- Ross reported the next meeting would be held August 5 at 7:00 p.m. and the possible development of Section 36 would be discussed. Moore asked if the development of an equipment requirement policy for the Multipurpose Facility and skateboard park could be added to the agenda. Ross suggested notifying the Commission they would be discussing the issue and include the issue as an agenda item with back-up information for a future meeting. Swarner stated concern with development of Section 36 with it having been an old dump site, etc. Attorney Graves noted, he talked with the a Solid Waste representative who visited the area and it was indicated the old dump site was a large portion of Section 36. She suggested old dump sites make good parking lots which would not require digging, etc. The remaining portion of Section 36 could be used for playing fields. J-6. Planning & Zoning Commission -- Ross reported the minutes of the July 28, 2004 meeting were included in the packet. He noted, an encroachment permit for an Inlet Woods Subdivision property was unanimously denied and could be appealed. The application of Scott Romain was reviewed by council and it was noted he was interested in appointment to either the Harbor Commission or Planning & Zoning Commission. It was confirmed there was an opening on the Harbor Commission and council had no objections to the appointment of Romain in that capacity. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported the August meeting was cancelled. J-7b. Alaska Municipal League Report -- The draft agenda for the summer meeting was included in the packet. Council was requested to inform the Clerk if they plan to attend. J-7c. Arctic Winter Games -- No report. J-7d. Stranded Gas Committee -- Ross reported he attended a meeting in Anchorage where a presentation was made by North Slope producers; another meeting will be held in Fairbanks at the end of the month to discuss economic impacts; and, he will attend the next meeting via teleconference on August 6. ITEM K: REPORT OF THE MAYOR -- Williams noted the following: KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 17 • Referred to properties at the bottom of the hill on Spruce and suggested the city purchase those properties in anticipation of bluff erosion development, etc. He suggested purchase could be made with Corps or Brownfields reclamation funding. Ross suggested the discussions take place to rezone those properties to Conservation as the owners would have to be notified and their responses may give an indication of interest in selling. A brief discussion followed in which it was suggested the Planning & Zoning Commission discuss the issue as rezoning the area to Conservation would be a good argument for protection of the bluff area. Administration was requested to have the Planning 8s Zoning Commission discuss rezoning of the area to Conservation. • Noted he received some information on town clocks and was requesting further information, including prices. He requested Council Member Porter to assist him in researching the purchase of a town clock. ITEM L: ADMINISTR.A►TION REPORTS City Manager -- City Manager Snow reported the following: • Referred to the dip net fishery information included in the packet. • A brief report of estimated costs for extending Swires Road was included in the packet. • The Kenai Rotary will be holding a "Heavy Equipment Day" at Millennium Square in conjunction with the Industry Days Picnic. A Special Use Permit is being prepared to allow the temporary use of the property. • Two vintage airplane engines were found on airport property and an individual has expressed interest to remove them. In researching the engines, administration has been told they have no value. Snow stated, if council had no objections, she would give the engines away. Council stated no objections. • The final dip net fishery revenue report is $169,953. • She attended a meeting with FADS representatives and noted they were now discussing the leasing of a building to show Congress they are actually pursuing the location of a facility in Kenai, however they made no commitments to renting space. Williams suggested the dip net fishery funds be reinvested back into the fishery to enhance it. He also recommended funds be included in the next budget for design work of the extension of Swires Road so it will be ready for development. Asked the progress in finding lease space for Federal Express, Airport Manager Cronkhite reported she continues being in contact with the representatives and a local business person who is working with them to find suitable space in Kenai. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 18 L-2. Attorney -- Noted a response he received from the Alaska Public Offices Commission related to exempting city officials from disclosure requirements which was in the packet. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens -- Bob Peters -- Noted the following: • Disposition of some properties should be left for future generations. • Asked who would own the suggested buffer zone on Lawton Acres and the answer given was the city would. M-2. Council Bookey -- No comments. Swarner -- Noted she had tickets available for the Kenai Peninsula Food Bank Soup Supper available for sale. Moore -- Requested administration to begin the process of developing a policy for required equipment use at the Multipurpose Facility. Porter -- • Requested council to direct administration to provide a Parks person to be available at the greenstrip park during Industry Days Picnic, Fourth of July, and Kenai River Festival events for dispensing of restroom supplies, etc. She stated she believed it would be good relationship -building between the city and public. Ross stated he didn't feel it was council's decision and administration should be left the latitude to decide what services should be provided to user groups. It was noted, the Parks Department makes a supply room key available to the user group, which generally works well. There was no direction from council to administration to make any changes to the current procedure. • Noted there were six or seven junk vehicles parked on the vacant lot north of Eadie's. Attorney Graves reported the issue had been referred to the code enforcement officer. • Asked the total amount donated for placement of a gazebo at the cemetery and Parks & Recreation Director Frates reported approximately $2,800. Gilman -- Reported he would be out of town and not in attendance at the August 18 meeting. � KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 19 Ross -- No comments. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 12:06 a.m., Thursday, August 5, 2004. Minutes transcribed and prepared by: 4--todo-& ay.,-.,- "'el Carol L. Freas, City Clerk 1 KENAI CITY COUNCIL MEETING AUGUST 4, 2004 Partial Verbatim L-19 City Manager Snow: Thank you Mr. Mayor. There are some things in the packet I thought you might be interested in knowing what some of the dip net information and review comments by staff were so there's a memo in there from, one from Bob Frates, email from Lt. Wannamaker, and one from Keith Kornelis just giving you sort of a rundown of the dip net fishery activities for this year. Some of this information, I think, will be shared with the Harbor Commission on, next week is it, as well and then, I did provide some information at one meeting, we were asked to provide estimates for Swires Road extensions so that information is in there. And, a couple of things I just wanted to see if there were any objections to... one is the Kenai Rotary Club has been, they have a committee organized to hold a Heavy Equipment Day on city property and "I'm working with the city attorney to do a special use permit. They would like to do that on Millennium Square, not in the, the area where the parking lot is and so I've been working with a special use permit on that. That would be in conjunction with Industry Appreciation Days. The other thing is the Airport Manager has called to my attention that there are two old aircraft engines on airport property and I think she said it was at the end of the north apron and that she's done quite a bit of research on these engines, tracked them down, had people look at them, kind of appraise them, value them. Someone has come and requested permission to take those engines away and we would like to allow that if that's all right with council or if there's any objection to that. Williams: Yes, Councilwoman Swarner. Swarner: How much are they worth? Snow: They essentially came back at no value. Cronkhite: We were told by several, they're old vintage aircraft engines, we think they arrived about the time we got rid of the connie. I had two separate companies and mechanics look at it and they said we probably couldn't get anyone to pick them up and haul them away. Swarner: I think it's a great idea if someone wants to take them. But I have a question about the heavy equipment day for Industry Appreciation Day. Isn't Industry Appreciation Day over at the park strip? Snow: Um-hmm. Swarner: So why are they, what's happening with Rotary Club at Millennium Square, proposed? Snow: The Industry Appreciation Day folks actually did kind of want to have it over there, but I had a problem with having, city equipment's going to participate in that, and it's a heavy equipment show, and I have a problem with, I guess, putting that stuff out on the ballpark area, in that area, and it's on airport lands out there, so I asked that we consider putting it over there in the parking lot on the other side of the Senior Citizens Center... Swarner: But there's no parking right there... Snow: ... and they, they liked that... well it's that view, that view place by the bluff where you go park and have lunch... Swarner: Oh, the viewing area... Snow: ...well, the equipment won't be there, it will actually be on part of Daubenspeck or part of that property right there... Swarner: Okay... Williams: What kind of equipment are you talking about? Snow: It would be a heavy equipment show, so there will be equipment provided by different, different contractors. Williams: Some of Rick's side booms? Snow: We actually tried to get Rick to boss the event for us, but no, no stranded gas got in the way so he has to be out of town so he's not going to boss the project. There'll, there'll be a grader there, there'll be some cats, some heavy equipment for kids and dads and little girls too, I suppose, whosever is interested. Swarner: I guess I'm just kind of concerned that it's farther away, I mean, it's a ways away from the other part of it... Snow: Oh, it is, yeah, it's a separate event... Swarner: Okay... Snow: ...separate from that but it will be a show, a demonstration and we'll be working on the, the equipment will actually be in use... Swarner: Okay... Snows: ... so we didn't want to use, we didn't want to dig anything or put any, you know, give a demonstration on the ballpark or any, any area located near the park strip. It didn't seem like a good idea. Frates: Could we just move them out to Section 36? Council: Yeah, yeah... Ross: Did you contact my alternate as far as working that... Snow: Why isn't he listening? Bookey: I don't want the liability, thank you. Snow: He's next in line... Ross: He's got plenty of equipment... Snow: I know, he's got equipment, the expertise and, next in line. Williams: You know, an enterprising gentleman in the contracting business might start a school for equipment operators around the Section 36 that might be available... Snow: There's an idea... Swarner: There has been one... Bookey: It's possible, I don't know where.... Williams: Thank you. I have a few comments about the city manager report with, yeah, on the fishery. Interesting $144,464 in take compared to $107,900 last year. Did we have some days yet to count in here? Snow: Yeah, we do. It actually came out at $169,000... Williams: $169)000... Snow: That was the end of the year report. Williams: Okay, that advances the cause considerably and again, you know, since, almost $170,000. Because that is a generator of cash for the city, I would strongly recommend that periodically we consider reinvesting some of that back into the future of the dip net fishery and accommodations for those people that are, because it's going to enhance it and I doubt seriously that we've seen the largest group of visitors yet to show. It think that it's only going to get bigger. So, I think we need to think in the future about what we're going to do to accommodate bigger and better crowds and what it's going to take to take care of them and keep them happy because it certainly is something that's occurring. Progression. Also, I very much appreciate Mr. Kornelis' work with regards to Swires Road. It is a healthy million dollar bill. I would strongly recommend that the council consider in the next budget at least budgeting the engineering and design money for it having it ready so that when the time comes, who knows a year from now, two years from now, it can be done without too much weight because we don't know where the issue with senior housing is going to wind up. There's a group that's preparing to work with the delegates from our area, representatives to the borough assembly to see if we can't advance that cause again and, as I've said in the past, if we do see a lot of development in that area, it would only behoove us to utilize that as a second alternate route into town and of course, as Keith said, he's looking at water mains, sewer mains and everything that would loop that area and bring it back around so, it's something to keep our eye on for the future. End of verbatim for the issue. Partial verbatim prepared by: Carol L. Freas, City Clerk 8/27/04