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Home My WebLink About2003-04-16 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Z www. cl - kenai. ak. u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. ELECTION OF COUNCIL MEMBER 4. Oath of Office -- New Council Member 5. Agenda Approval 6. 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: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. a. Remove from Table b. Consideration of ordinance. 2. Ordinance No. 1999-2003 -- Amending the Kenai Municipal Code by Adding Chapter 12.40 That Eliminates Smoking in Public Places and Workplaces Except Private Clubs. 3. Ordinance No. 2000-2003 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Council on Aging - Title III Fund for the Purchase of Food. 4. *Liquor License Ownership/ Stock Transfers -- Uptown Motel/ Louie's -- Schilling Alaska, Inc. Uptown Motel/Back Door Lounge -- Schilling Alaska, Inc. 5. *Liquor License Application for Restaurant Designation Permit -- Uptown Motel/ Louie's Uptown Motel/Back Door Lounge ITEM E: COMMISSION/ COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUTES 1. *Regular Meeting of March 19, 2003. 2. *Regular Meeting of April 2, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2001-2003 -- Amending KMC TITLE 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of the International Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3) the International Mechanical Code, 2000 Edition of the International Code Council; 4) the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the International Residential Code, 2000 Edition of the International Code Council. 4. *Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect the One Adopted by the Municipality of Anchorage Instead of the State of Alaska's Bail Schedule. 5. *Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. 6. *Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Printing With Amendments. 7. Approval -- Lease Application -- Tract A, Gusty Subdivision No. 3/James H. Doyle. 8. Approval -- Lease Application -- Airport Terminal, Space 21/Roger & Linda Petrey, d/b/a Wings Airport Cafe. 9. Approval -- Assignment of Lease -- Lot 3, Block 4, General Aviation Apron/Bob's Pawn, Inc. & W.W. Wilson, III to Russell G. Winger. 10. Approval -- Consents to Assignment of Lease and Security Assignment of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually. ITEM J: REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. 2. DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vww. . ci . kena.i . ak. u s MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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 taken by the City Clerk. Present were: Swarner, Moore, Porter, Jackman, Williams and Bookey A-3., ELECTION OF COUNCIL MEMBER The first ballot with all the candidate names included was voted as follows: Smalley 2 Osborne 2 Gilman 2 Brenckle 0 Eldridge 0 Williams asked if council wanted to narrow the ballot from those on the first ballot, i.e. three candidates or go to a weighted ballot. Council chose to vote with all the candidates one more time. Second ballot: Smalley 2 Osborne 2 Gilman 2 Brenckle 0 Eldridge 0 Williams requested council move to the first ordinance and come back to the vote because of the amount of people in the audience here to speak to the ordinance. Council had no objections. A-4. OATH OF OFFICE -- NEW COUNCIL MEMBER KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 2 A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: MOTION: Councilman Bookey MOVED to approve the agenda as presented and Councilwoman Swarner SECONDED the motion. MOTION TO AMEND: Councilwoman Swarner MOVED to amend the agenda by removing Ordinance No. 1999-2003 from the agenda and Councilwoman Porter SECONDED the motion. Swarner clarified the request as to remove the ordinance in total from the agenda. VOTE ON AMENDMENT: Swarner Yes Moore Yes Porter Yes Jackman Yes Williams Yes I Bookey Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: There were no objections to the amended motion or moving Ordinance No. 1998-2003 ahead of Item B. SO ORDERED, A-6. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM D: PUBLIC HEARINGS D-14, Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. D-1 a. Remove from Table KENAI CITY COUNCIL MEETING } APRIL 16, 2003 PAGE 3 MOTION: Councilwoman Porter MOVED to remove Ordinance No. 1998-2003 from the table and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, D-lb. Consideration of ordinance. MOTION: Councilwoman Porter MOVED to adopt Ordinance No. 1998-2003 and Councilwoman Swarner SECONDED the motion. Bill Osborn, P.O. Box 3003, Kenai, 243 Rogers Road, Kenai -- Osborn supported the ordinance and stated it would improve the health of the people in the city and urged passage of the ordinance. Gary Superman -- Superman stated he had spoken on this issue several times on the radio and before the Soldotna Council. He noted, this is an emotional issue and he wanted to rebut some of what he felt was questionable scientific information provided as he felt the data methodology regarding deaths from smoking was manipulative. Superman urged council to take more time in reviewing information and deciding on the issue. Councilwoman Swarner asked Superman if he were a restaurant owner in Kenai, could he make necessary changes in his restaurant by October to be compliant with the ordinance. Superman answered he could, but would not. Greg Daniels, 426 Rogers Road, Kenai -- Daniels stated his support of the ordinance. He noted, a place to go in Kenai to sit and enjoy a meal without having someone smoking in the restaurant is really needed in Kenai. He added, not only is it obnoxious to eat a meal with smoking around you, but it is very bad for people's health and that he believed research does support smoking habits and second-hand smoke is very bad for one's health. Daniels continued, he was speaking of enjoying a meal in an enclosed area, away from smoke, and with no swinging doors to a smoking area as smoke has no boundaries. He added, it would be a financial burden on owners, but there has to be a price on clean air. Daniels urged passage of the ordinance to restrict smoking in eating establishments. Linda Petrey, P.O. Box 576, Kenai -- Petrey noted she leases the restaurant at the airport and because it is a federally owned building, smoking is not allowed. Petrey added, she objects to the lack of freedom of choice for the business owners if the ordinance is passed though if she had a restaurant at a different site, she would make KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 4 it non-smoking. She leaves restaurants which allow smoking and felt people have to make their own choices. Virgil Mosely, 44505 Carver Drive, Kenai -- Mosely stated he believed in freedom of choice and added, he works in that type of environment and it was his choice to be around it. He is not a smoker and feels the ordinance places judgment on moralistic choices. Mosely added, there are other options of restaurants in Kenai where smoking is not allowed. Where he works, there is a bar, restaurant, and hotel and they want to give their clients the option. He stated he hoped the ordinance would not pass, however it could have amendments. Bob Peters, Old Town -- Peters stated the last two speakers expressed his feelings on the issue; he didn't think more laws were needed and the decision of smoking/non- smoking should be left up to the owner of the business. Mike Baxter, 1619 Toyon Way, Kenai -- Baxter stated he believed it was an issue of private enterprise -- lobbying of the government was not needed to pass a law like this, but business owners should be lobbied to not allow smoking in their establishments. Troy Castimore, 2575 Watergate Way, Kenai -- Castimore stated, customers of an establishment have the choice to go o there or stay home; the people who work there don't have the choice. She added, she works in a food pantry and many of her clients are those who need the job and cannot go somewhere else. Secondhand smoke in a working environment is like smoking five packs of cigarettes in an eight -hour shift. Roger Meeks, Vintage Pointe-- Meeks stated he did not think he has been in a restaurant where there was smoking allowed for some time as it is his privilege. He added, when he smoked, he could wait until he was through with his meal and smoked after he left the establishment. Roger Shannon, 11823 Spur Highway, Kenai -- Shannon stated he has smoked off and on since he was in second grade. He added, he believed the young people should be considered and council should direct their energies there. Ricky Gease, 4289 Beaver Loop, Kenai -- Gease noted there are good points and bad in regard to the ordinance, i.e. freedom of choice issues. He noted, there are helmet and seatbelt laws, but no law against smoking. His wife chooses not to work in smoking establishments, but this was her choice. He added, council needs to decide on public health issues and freedom of choice. Gease reminded, we live in Alaska... the last bastion of freedom of choice. Councilman Bookey stated, the ordinance refers to "eating establishments" and noted, the city has many types of eating establishments including bingo parlors. He asked if � the ordinance would be enforced. City Attorney Graves explained a snack bar would KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 5 not be the same' type of room as a bingo hall would be as long as the bingo hall is not designed to serve food. Graves noted, an amendment could be made to include bingo parlors. Peggy Baxter (Oilers Baseball) -- Bookey asked Baxter if the ordinance was enforced to the fullest extent and no food or smoking would be allowed in the bingo parlor, what would the impact be to them. Baxter stated they probably wouldn't have food available and have vending machines for soda. Bookey asked if there would be a net profit impact and Baxter stated she didn't think so because the food they have available is a convenience. They sell the soda at the purchase price and give coffee away. Moore asked about the snack bar in the bowling alley and Williams suggested it could be walled off to keep it separate from the bowling alley. Jackman stated she would not support any ordinance that picks and chooses between businesses. She added, she understood it was a health issue, but thinks it a bigger moral issue and didn't think this form of government should make the decision to choose for the business owners. She suggested patrons could ask the business to disallow smoking and she urged the business owners to consider the change on their own. Williams stated he would support the ordinance because he didn't think he, as a patron of a restaurant, should have to make the decision to go out of the restaurant to get away from the smoking. The smoker should make the choice to go outside and smoke. Also, he recently traveled on a ten-hour trip where he spent eight hours on the plane and two hours in an airport where smoking is not allowed; smokers were able to make the trip without smoking. They can wait to smoke for an hour while in a restaurant having a meal or go outside. He added, the smokers' right to smoke stops when it invades his rights. Swarner stated she would prefer changing the definition of an eating establishment instead of adding bingo halls to Section .030. She added, she wanted the definition to say an eating establishment that is their primary business. She added, she believes a bingo hall has a primary business of being a bingo hall. Attorney Graves stated a definition of an eating establishment as "an area whose primary function is serving food." He suggested the ordinance could be amended at Section .010, Definitions, Eating Establishments, changing the fourth line starting with ". . . an enclosed area" and add "...the primary purpose of which is to give or offer for sale food to the public or where food cooked or otherwise..." He added, that would mean, the primary function of that facility would have to be the preparation and service of food and would get around the bingo example pointed out by Councilman Bookey. KENAI CITY COUNCIL MEETING APRIL 16 2003 PAGE 6 MOTION: Councilwoman Swarner MOVED to amend Ordinance No. 1998-2003 in Attorney Graves' language and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. Porter stated she would support the ordinance as she had received many comments from the public who wanted the ordinance passed and believes, from her former occupation and her personal life, it is a major health issue. Moore stated he would support the ordinance because of what he heard from the public. He added, he believes in freedom of choice, especially in private enterprise and their businesses. Moore continued, he was basing his decision on more testimony he received in favor of the ordinance than against and due to comments made earlier in the meeting. Swarner stated she had received many comments as well in support of the ordinance. However, what decided for her was the comment made in a previous meeting by a student involved in the D .A. R. E. program who questioned why the program should support and encourage certain behaviors so not to abuse one's body and smoking is allowed in restaurants. Swarner asked if the October 2 date for compliance a problem for Louie's Restaurant/Back Door Lounge. David Schilling, 613 Cedar -- Stated everyone has an opinion, and the ordinance would hurt him. Bookey stated this had been a tough issue. He stated, he used to smoke, doesn't like smoking, and doesn't go to restaurants where smoking is allowed. Bookey added, he would not support the ordinance as he believed it was not the council's place for this legislation. VOTE: Swarner Yes Moore Yes Porter Yes Jackman No Williams Yes Bookey No MOTION PASSED, ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 7 Assemblywoman Glick reported on actions taken at the Assembly meeting of April 15 including the following: • An ordinance was approved redirecting school bond funding and interest income for school capital improvement projects, including upgrading the fire alarm system at Sears Elementary School. • Had a presentation by Skyview School National Ocean Sciences Bowl Team regarding a low -impact tourism/bird watching proposal. They were referred to the Tourism and Marketing Director and EDD to discuss their idea further. Kenai City Attorney Graves has offered to work with them regarding the Brown Field grant funding that may be available. • Approved a resolution authorizing participation in the Denali Commission Multi -Use Facilities request for proposals to provide a fire station for Kachemak Emergency Service Area and Public Community Hall. Glick suggested funding may be available through the Denali Commission for the purchase of equipment for the fire training facility/emergency operations center and the Challenger Center. • Approval of a resolution to establish an additional major capital projects administrator position. Glick explained the benefit to be having available an employee � with a solid waste background and EPA knowledge. • Introduced and set a public hearing for a resolution to authorize the Borough to enter into a contract to conduct the 2006 Arctic Winter Games on the Kenai Peninsula. She noted, the Kenai Peninsula Borough has the responsibility to pay the costs if other funds are not received. The signing of the document took place, but with the caveat the Assembly would be considering the resolution on May 20. • A public hearing on a resolution regarding the USA Patriot Act (United and Strengthening America) at their May 6 (in Seward) and May 20. Williams explained the City is not a signatory (or other municipalities) to the Arctic Winter Games contract and it is known the Borough has sufficient funding to pay for the Games. Funding will be requested from the Congressional delegation for the legacy components, i.e. completion of the Kenai hockey rink, a hockey rink in Homer, etc. Brandi O'Regan, 39395 Redmond Street, Sterling -- O'Regan, on behalf of the Tobacco Control Alliance, thanked council for the passage of the no -smoking ordinance and offered their help in putting forth a media campaign and work with the restaurants in helping them get ready for the October effective date. In regard to the Games, O'Regan stated the Borough Mayor signed the document because the Borough is ultimately responsible for the financing of the Games on the Peninsula. However, there is a request within the Games budget for each Peninsula municipality to put forth a monetary and small in -kind contribution to get their community involved. Also, there's a historical precedence set at the federal and state KENAI CITY COUNCIL MEETING APRIL 16 2003 PAGE 8 levels for financial. They believe the Games will be funded as they were the last time the Games were held in Alaska or above that level. - She noted, the $ 5 million budget includes the capital budget, i.e. building the Homer ice rink, enclosing the Kenai ice rink and the development of a biathlon range. Councilman Moore stated he read the draft document and had the same concerns about the municipalities' funding responsibilities. He added, he wanted Kenai to be kept aware of what is done with its facilities because there is some debate of how the facility would be completed, i.e. whether it should be enclosed at all. O'Grady stated every effort would be made to keep the municipalities aware. The next step in the process is to file their articles of corporation, create a board of directors whose responsibility, in part, will be to make sure the municipalities are represented on the board and to be sure they will be attending council meetings to make consistent reports about the activities of the board. O'Grady added, the contract specifies the Kenai rink does not have to have a permanent enclosure and if Kenai decides the rink should not be permanently enclosed or the showers to become permanent parts of the facility, there is an option to make them temporary. Williams stated, if funding is made available, the city should do as much as possible to be sure the fixtures are made permanent. Williams suggested a member of the council be the city's representative on the board. Councilman Moore stated he would be the representative. BREAK TAKEN: 8:22 P.M. BACK TO ORDER: 8:40 Pome A-3, CONTINUATION. ELECTION OF COUNCIL MEMBER Williams suggested doing several more ballots and if a winner is not determined, then consider a weighted vote. Council had no objections. Third ballot: Fourth ballot: Smalley 2 Osborne 2 Gilman 2 Brenckle 0 Eldridge 0 Smalley 2 Osborne 3 Gilman 1 Brenckle 0 KENAI CITY COUNCIL MEETING � APRIL 16, 2003 PAGE 9 Eldridge 17701 A weighted vote was taken for all five candidates, giving points of 1 (lowest) through 5 (highest). After the vote, the points would be counted and the two candidates with the highest amount of points would be the two candidates from which to choose. Fifth ballot (weighted): Candidate Weighted Points Total Points Smalley 21 5 4 3 4 5 23 -Eldridge 4 2 2 1 2 21 13 Brenckle 3 3 1 2 3 4 16 Osborne 5 4 3 5 1 3 21 Gilman 1 1 1 51 41 51 1 1 17 The two candidates were determined to be Smalley and Osborne. Sixth vote: Smalley 3 Osborne 3 A brief discussion followed, noting the constant ties of the votes indicated the power of the candidates and they were applauded for putting themselves up before the council for this procedure. A brief discussion followed regarding the direction of the code for the council to elect a council member and it was established the ordinance defines the election as a regular vote and usually means by a regular majority vote. Williams suggested to set aside the election to the next meeting if the vote continues to tie and if that is done, asked council if they would want to then leave the candidates to Smalley and Osborne. Swarner stated she would prefer leaving the seat empty until the October general election if the seat is not filled during this meeting and Porter agreed. Williams stated his desire to keep the candidates to two. Seventh vote: Smalley 3 Osborne 3 Williams asked if council would want a five minute presentation from the candidates or re -rank the five candidates. Council chose to put all five candidates back in the vote. Eighth vote: KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 10 Ninth vote: Smalley 2 Osborne 3 Gilman 1 Brenckle 0 Eldridge 1 0 Smalley 3 Osborne 3 Gilman 0 Brenckle 0 Eldridge 0 Blaine Gilman -- Stated he felt it very important the seventh chair be filled and withdrew his name from the contest. He stated he would continue to be involved with the budget work sessions and thought council should cast a weighted vote again and see if a majority vote could be achieved. Council chose to cast a weighted vote, giving points from 1 to 4. Tenth vote (weighted): Eleventh vote: Candidate Weighted Points Total Points Smalley 41 3 1 4 1 4 17 -Eldridge 1 4 3 2 3 1 14 Brenckle 3 1 2 1 12 3 12 Osborne 2 2 4 3 4 2 17 Smalley 3 Osborne 3 Brenckle 0 Eldridge 0 It was suggested the meeting continue and the vote be continued at the end of the meeting. Williams suggested one more vote be taken and then if needed, continue the vote later in the meeting if council approves. Twelfth vote: Smalley 3 Osborne 4 KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 11 Brenckle 0- Eldridge 0 John "Ozzie" Osborne was determined to be elected to the council seat. A-4. OATH OF OFFICE -- NEW COUNCIL MEMBER Mayor Williams administered the Oath of Office to Osborne and Osborne took his seat at the dais. Osborne was requested to attend the EDD board meeting in Seward and Osborne stated he would attend. ITEM D: PUBLIC HEARINGS Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. a. Remove from Table b. Consideration of ordinance Heard immediately after agenda approval. D-2. Ordinance No. 1999-2003 -- Amending the Kenai Municipal Code by Adding Chapter 12.40 That Eliminates Smoking in Public Places and Workplaces Except Private Clubs. Removed from agenda. D-3. Ordinance No. 2000-2003 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Council on Aging - Title III Fund for the Purchase of Food. MOTION: Councilwoman Swarner MOVED approval Ordinance No. 2000-2003 and Councilwoman Porter SECONDED the motion. There were no public comments. Swarner stated her concern she may have a conflict as she was employed by the Peninsula Food Bank from whom the Senior Center purchases food. Attorney Graves stated a potential conflict may be cured by a public disclosure and could allow Swarner to vote on the issue. Williams stated he would allow Swarner to vote as she revealed the conflict. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 12 VOTE: Swarner Yes Moore Yes Porter Yes Osborne Yes Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. D-4. Liquor License Ownership/Stock Transfers -- Uptown Motel/ Louie's -- Schilling Alaska, Inc. Uptown Motel/Back Door Lounge -- Schilling Alaska, Inc. Approved by consent agenda. D-5. Liquor License Application for Restaurant Designation Permit -- Uptown Motel/Louie's Uptown Motel/Back Door Lounge Approved by consent agenda. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Councilwoman Swarner reported the unapproved minutes were included in the packet. E-2. Airport Commission -- Councilwoman Jackman reported the meeting was on April 10 and there was no quorum. Jackman noted a letter of resignation from Commissioner Kleidon was included in the packet and her seat has an at -large designation. Williams referred to the applications included in the packet and recommended Charles "Chip" Versaw for appointment. Council had no objections. E-3. Harbor Commission -- Councilman Bookey reported a meeting was held on April 14 and minutes of the meeting were included in the packet. E-4. Library Commission -- Councilman Moore noted the minutes of the April 1 meeting were included in the packet. The next meeting will be held on May 6. E-5. Parks & Recreation Commission -- Councilwoman Porter reported the minutes of the April 3 meeting were included in the packet. A discussion was held regarding the skateboard park and it was recommended monies to place a slab on which to place the skateboard equipment be requested from the Daubenspeck funds. She added, the Boys & Girls Club proposal to acquire the city's recreation program was also discussed. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 13 E-6. Planning & Zoning Commission -- Porter reported she attended the meeting for Councilman Bookey. She noted a Home Occupation Permit and a lease application were approved. The Commission held a work session immediately following the meeting to discuss the educational zone. There will be a public hearing scheduled for the education zone to be held in the near future. Councilman Osborne was appointed as the council liaison to the Planning & Zoning Commission. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the meeting minutes were included in the packet and informed the attendees the city's clean-up day would be held on May 3 and May 31 is planting day for city flower beds. E-?b. Kenai Convention 8a Visitors Bureau Board -- Executive Director Gease reported the following: • The KCVB annual report brochure had been prepared and copies were distributed to council. Gease reviewed the information with the council. • The grand opening reception for the art show will be held on May 3 at the Center. • The KCVB is very involved with the Cultural and Ceremonies Committee of the Arctic Winter Games and are discussing legacy projects for the Games. They have submitted a legacy idea to get all the different museum activity groups within the Central Peninsula together, and to do that, they have formed a Museum Association for the Central Peninsula. They will be having their second meeting on May 8 at 10:00 a.m. Their idea is for the Winter Games to give a legacy of cooperation in the Central Peninsula and build a Kenai Peninsula Cultural Research possibly at the Kenai Peninsula College and include a museum storage facility and museum research area to be shared by the municipalities and local native organizations, etc. He noted, the City's 3,500 artifacts now stored at the Visitor Center (which does not have the proper environment for storage of artifacts) would be kept in the museum research/ storage area where temperature and humidity would be controlled when not displayed. • Their next board meeting is scheduled for May 19. E-7c. Alaska Municipal League Report -- Swarner reported she and Councilman Bookey will attend the Legislative Committee meeting next week. Williams suggested they discuss with the area legislators the proposed 25% cut in municipal assistance. Other pending legislation was also discussed as follows: • HB 18 -- Attorney Graves was requested to review this bill. • HB 216, preventing municipalities from taxing certain aircraft. Airport Manager Cronkhite noted, this bill was suggested by ERA Aviation. • HB 264, exempting certain buildings from needing building permits which would exempt them from inspections, etc. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 14 • The Kenai Peninsula Borough has proposed an ordinance to reduce sales tax on gasoline and diesel fuel which would cost the city approximately $40,000 a year. • The need for a borough wide bed tax. E-7d. Kenai Chamber of Commerce -- Ricky Gease reported the Chamber Board had hired Kay Shearer as its executive director. The Chamber is working with other groups in the area to plan the Fourth of July Parade. ITEM F: MINUTES F-1. Regular Meeting of March 19, 2003 -- Approved by consent agenda. F-2. Regular Meeting of April 2, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None. ITEM H: OLD BUSINESS -- None. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2, Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. Questions arose regarding the purchase orders for renovating the Airport Triangle Park. Airport Manager Cronkhite explained the following: • There is a need to renovate the park as the trees are obscuring the flag poles. • The proposed plan will make maintenance of the area much easier. • The renovation would be only the flag pole area. • The matter was presented to the Parks 8v Recreation and the Airport Commissions and they recommended the project go forward. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 15 • The costs for the renovation would be covered by the current Airport Fund for which money was available for the project, though it was not a line item in the budget. Landscaper Steve Booth explained the 13 salmon signs to be placed within the park shrubs would be made of steel and installed on steel posts embedded in concrete. Porter stated she was opposed to the project because of the cost when the council was involved in budget planning which included large cuts to the operation of all the departments. She stated she would not support the approval of the project. Bookey agreed and stated he would not support the purchase orders for either the landscaping or the signage. Williams stated he would support the purchase orders because the Airport Fund can afford the cost; the airport is the entrance to the city; it will be easier for the crew to maintain the park; and it's a way to introduce the difference between the airport and the city. Jackman agreed with Williams and stated her support. Booth explained the project would remove the trees that are now obscuring the flag poles and install low shrubs and the sign. He suggested the trees could be topped, cut out or do the project in phases. Swarner stated she would support the issue because it is a way to maintain the parks for now and there may not be money available next year. Osborne stated he would support the purchase orders as the airport and park is what people see when coming into and leaving Kenai. Parks 8, Recreation Director Frates reported the Beautification Committee addressed the issue two years ago. The problem is height of the trees and maintenance of the park. All the plantings get hurt by the moose. Porter suggested removing the trees and making the area grass only. Jackman stated she liked the design and suggested moving forward with it. Discussion followed regarding the purchase order for emulsion products. It was explained, the dust control program had been cut out of the 2004 budget, but funds remain in the current budget for this purpose. The areas of town where the products would be spread are VIP Subdivision, Beaver Loop, off Forest Drive, and the Magic/ Aliak/ Princess area; approximately 20 miles of road. The products, if approved, would be spread in June and no roads, if they are to be paved, would receive the products. Council was asked if they wanted to go forward with the program with such a large deficit. MOTION TO AMEND: KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 16 Councilman Bookey MOVED to remove the purchase orders to Weaver Brothers, Emulsion Products for the CSS 1 and Emulsion Products for use of the distributor truck and Councilman Moore SECONDED the motion. It was noted, with removal of these purchase orders, there would be no dust control at all during the current fiscal year. Watering the roads was suggested as a dust control measure. Bookey questioned the purchase order to Kachemak Electric and Preferred Plumbing and it was explained, the lessees of the airport restaurant had the option to use the space now used by the Chamber for brochures. They want to place a coffee bar in the area and the purchase orders would cover the costs for installing a sink and electricity for this use. Bookey stated his concern the cost would be more than what the amount of rent would be received in the next three years. Williams stated it would be an improvement. Cronkhite reported administration felt it was a permanent improvement to the terminal and noted, when the restaurant was last bid there were five people wanting to put a coffee bar in this area. Jackman stated she felt it would be a long-term improvement and an asset to the terminal. Cronkhite explained, the reason the Airport would pay for the costs was dependent on what the improvement is to be and the lease agreement. The electrical improvements will address issues for the car rental areas as well. The coffee bar will stay open longer and will improve the service to the public as well as being a marketable asset for the space. Conversation returned to the airport triangle park signage and it was noted Sherman Signs was a business not situated in the city. It was noted, Steve Booth of Booth's Landscaping gathered the cost information. Porter stated she would prefer cost estimates be received from the two sign businesses in the city. VOTE ON AMENDMENT (DUST CONTROL): There were no objections. SO ORDERED, MOTION: Councilwoman Porter MOVED to remove the purchase order for Sherman Signs from the list and Councilwoman Jackman SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: KENAI CITY COUNCIL MEETING � APRIL 16, 2003 PAGE 17 VOTE: Swarner Yes Moore Yes Porter Yes Osborne Yes Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. I-3. Ordinance No. 2001-2003 -- Amending KMC Title 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of the International Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3) the International Mechanical Code, 2000 Edition of the International Code Council; 4) the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the International Residential Code, 2000 Edition of the International Code Council. Introduced by consent agenda. I-4. Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect the One Adopted by the Municipality of Anchorage Instead of the State of Alaska's Bail Schedule. Introduced by consent agenda. I-5. Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. Introduced by consent agenda. I-6. Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Printing With Amendments. Introduced by consent agenda. I-7. Approval -- Lease Application -- Tract A, Gusty Subdivision No. 3 /James H. Doyle. Attorney Graves stated administration had no objections to the lease and the applicant was current with all payments to the city. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 18 MOTION: Councilwoman Swarner MOVED for approval of the lease application for Tract A, Gusty Subdivision No. 3 /James H. Doyle and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. I-8. Approval -- Lease Application -- Airport Terminal, Space 21 /Roger 8v Linda Petrey, d/b/a Wings Airport Cafe. Cronkhite reported the applicants were current with all payments to the city. Petrey reported the hours of operation would be 4:30 a.m. to 6:00 p.m., six days a week. On Sunday, espresso products will be available at the restaurant. Cronkhite noted, their lease for the restaurant allows them to sell espresso, gifts, magazines, etc. MOTION: Councilwoman Porter MOVED to approve the lease application for the Airport Terminal, Space 21 to Roger 8. Linda Petrey, d / b / a Wings Airport Caf6. Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. I-9. Approval -- Assignment of Lease -- Lot 3, Block 4, General Aviation Apron/Bob's Pawn, Inc. 8- W.W. Wilson, III to Russell G. Winger. Graves stated he had no objection to the assignment of lease, noting the business will make aircraft maintenance available at the airport and it was felt, will increase FBO's at the airport. MOTION: Councilwoman Porter MOVED to approve the assignment of lease of Lot 3, Block 4, General Aviation Apron from Bob's Pawn, Inc. & W. W. Wilson, III to Russell G. Winger. Councilman Osborne SECONDED the motion. There were no objections. SO ORDERED, I-10. Approval -- Consents to Assignment of Lease and Security Assignment of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually. Graves reported, when the packet was produced, a balance was owed on Alaskalanes. Since then, the account has been brought current and he recommended approval of the assignments. He added, the applicants are aware the Small Business Administration (SBA) has to approve the assignments and are reviewing the file. � KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 19 Graves noted, the assignment will not go through if SBA does not approve it. This will not impair the city's holding in the property. MOTION: Councilwoman Porter MOVED to approve the Consents to Assignment of Lease and Security Assignment of Lease -- Alaskalanes, Inc. and Ken Liedes and Mike Trujillo, Individually to Alaskalanes, Inc. and Ken Liedes, Individually. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, ITEM J: REPORT OF THE MAYOR -- Mayor Williams reported the following: • He will not attend the May 7 meeting as he will be giving the graduation address at Kenai Peninsula College. • Student Government Day is scheduled for April 30. • A reception for the Board of regents is scheduled for April 17 at the Challenger Center. • Services for Ruth Lofstedt will be held Friday. • Felt the city should begin a new effort to find other forms of economic development to be located in the city. He suggested having the future VISTA volunteer investigate the possibility of a credit card center located in the area. He suggested holding a work session in the future to discuss the matter further. ITEM K: ADMINISTRATION REPORTS K-1, City Manager -- City Manager Snow reported the following: • The Department Head reports were included in the packet. • An Corps of Engineers bluff project report was distributed to council prior to the meeting. She stated she hoped they would be able to attend one of the city summer meetings. She noted, the appropriation of $185,000 has been requested. Public Works Manager Kornelis was asked about Wellhouse No. 4 and he reported an area on Van Antwerp had been tested and found not suitable. A new area will be investigated on Beaver Loop and it is thought this area may be good for a well and better to serve more people and for a water source for firefighting as a hydrant would be made available. K-2. Attorney -- Attorney Graves reported the following: • A source has been found for updating the city code in a researchable PDF format. The Forest Service will be giving a discussion on May 16 regarding beetle -killed trees. KENAI CITY COUNCIL MEETING } APRIL 16 2003 PAGE 20 K-34, City Clerk -- City Clerk Freas reported a request had been received from Skew After -Graduation Committee to use the Recreation Center on Wednesday, May 21. Councilman Moore stated he had no objection if it would not interfere with the Kenai Central High School plans. He asked if the agreement with the Boys & Girls Club will allow use of the facility for these purposes in the future. Graves noted, the agreement provides for groups to use the facility but not for free. Moore stated his desire to have something in the agreement to allow access for use of the building since there has been a history for high school use of the facility in the past. Council had no objection to the Skyview After -Graduation event to be held at the Recreation Center at no cost. ITEM L: DISCUSSION L-1, Citizens Roger Shannon -- Stated his concern of HJR 22 bill regarding the USA Patriot Act and read portions of the bill to the audience. He added, the bill discusses opposition to terrorism but on a close review, questions the constitutional rights of United States citizens. He suggested people review it and contact the congressional delegation. Williams requested Graves to review the issue and if appropriate, prepare a resolution in support. Assemblywoman Glick reported the Borough has a resolution to be before them but hopes council reviews the Act closely and makes a recommendation. Graves stated it is a very important issue, but believes some resolutions go too far in support of the pp Patriot Act. He added, the matter will be determined by the Supreme Court. Glick stated the Assembly's resolution will be amended to better fit into the Borough's policies. She requested Graves to contact her if he has suggestions for amendments. L-2. Council Bookey -- Asked council/administration to contact him regarding issues to be discussed in Juneau. Swarner -- Congratulated Osborne and stated she would be out of town from May 14-21. Moore -- Congratulated Osborne. Porter -- Congratulated Osborne. � Osborne -- Thanked council for their support and the appointment. He also thanked the other candidates for participating. KENAI CITY COUNCIL MEETING APRIL 16, 2003 PAGE 21 Jackman -- Congratulated Osborne. Williams -- Reminded council and audience of the volunteer reception on Friday from 6-8:00 p.m. at the Senior Center. Williams also congratulated Osborne and thanked the other candidates for their participation. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:40 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY COU ' I 93:+a;3s