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HomeMy WebLinkAbout2006-02-15 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http.jLJwww,ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the Time of Regularly Scheduled Council Meetings From 7:00 P.M. to a Time Set by Resolution of the City Council. 2. Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for Excused Absences From Meetings of City of Kenai Commissions, Committees and Boards. 3. Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080 by Adding Sections That Provide for City Water and Sewer Charges Which are Due and Unpaid to Become Liens Against the Property Served. 4. Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which Issues May Be Appealed to the Board of Adjustment and Setting Forth Rules Regarding Who Has Standing to Bring Appeals. S. Ordinance No. 2143-2006 -- Amending the Official Kenai Zoning Map by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split - Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic (TSH) Only. 6. Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code Land Use Table (KMC 14.22.010), Footnote 19 that Requires Some Conditional Uses in the Rural Residential-1 (RR 1) and Suburban Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur Highway. 7. Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Map by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at About Mile 6 From Rural Residential (RR) and General Commercial (CG) to Limited Commercial (LC). a. Substitute Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Map by Rezoning 53.85 Acres Located Along the Kenai Spur Highway at About Mile 6 from Rural Residential (RR) and General Commercial (CG) to Limited Commercial (LC). (Clerk's Note: Ordinance No. 2145-2006 has been introduced. A motion to approve Ordinance No. 2145-2006 is needed, followed by a motion to substitute.) 8. Resolution No. 2006-05 -- Setting the Public Hearing Date on the Proposed Angler Drive Paving District. 9. Resolution No. 2006-06 -- Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Kenai Security Services, Inc. for the Period March 1, 2006 Through February 28, 2009. 10. *2006 Liquor License Renewals -- a. Fraternal Order of Eagles #3525 -- Club b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism C. Jennifer Lee, d/b/a New Peking Chinese Restaurant -- Restaurant/Eating Place. d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage Dispensary/Tourism -- Seasonal. e. Charlotte's, Inc., d/b/a Charlotte's -- Restaurant/Eating Place -- Public Convenience. ITEM F: MINUTES 1. *Regular Meeting of February 1, 2006, ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2146-2006 -- Enacting KMC 13.10.070 Entitled, "Commercial Building and Property Maintenance." 4. *Ordinance No. 2147-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for an Alaska Highway Safety Grant to Reimburse the Police Department Overtime Account. *Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It with a New KMC 14.25 (Landscaping/Site Plan Regulations). 6. *Ordinance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing Lease Applications to be Extended for Six (6) Additional Months for Good Cause and Providing That Lease Application Appraisals are Good for Twelve (12) Months. 7. Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self- Storage/Tract B, Gusty Subdivision No. 2. Approval -- Amendment to Special Use Permit -- Kenai Central High School Hockey Booster Club/Dasher Board Advertisements and Ice Logos -- Multipurpose Facility. Approval -- Kenai Municipal Park Site Improvement Plan 10. Approval -- Parks & Recreation Commission Letter to Senator Wagoner/Section 36 Street Light Request. 11. Discussion -- Event/Conference Center ITEM I: 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 J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council - None Scheduled ITEM M: KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Pat Porter, Ma or Joe Moore Vice Mayor Linda Swarner Cliff Massie Rick Ross Robert Molloy Mike B A quorum was present. Also Present: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda ADD TO: E-4, Ordinance No. 2142-2006 discussion -- 2/ 15/06 C. Graves memorandum responding to attached letter from Attorney Peter Ehrhardt related to the ordinance. ADD TO: H-11, Event/Conference Center Discussion -- 2/ 12/06 M. Renken letter regarding possibilities of creating a conference center in Kenai. MOTION: Council Member Massie MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion. VOTE: *Student Representative Krusen: Yes KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 2 Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. A-4. CONSENT AGENDA MOTION: Council Member Swarner MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2139-2006 -- Amending KMC 1.10.040 to Change the Time of Regularly Scheduled Council Meetings From 7:00 P.M. to a Time Set by Resolution of the City Council. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2139-2006 and Council Member Ross SECONDED the motion. There were no public comments. A brief discussion followed in which Council Member Molloy stated he would not support the ordinance and expressed concerns that changing the meeting time to 6:30 or 6:00 p.m. would cut into the dinner hour and could diminish public participation. Council Member Boyle agreed with Molloy and stated he would not support the ordinance. VOTE: *Student Representative Krusen: Yes Porter iYes Moore Yes Swarner Yes KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 3 Massie Yes Roses s Yes Molloy Boyle _ No MOTION PASSED, E-2. Ordinance No. 2140-2006 -- Amending KMC 1.90.050(b) to Allow for Excused Absences From Meetings of City of Kenai Commissions, Committees and Boards. MOTION: Council Member Moore MOVED for the adoption of Ordinance No.2 140-2006 and Council Member Massie SECONDED the motion. There were no public comments. Attorney Graves noted a definition of "excused" was not included in the ordinance, instead three excused absences were allowed in order that the provision would not be abused. It would be within the discretion of the commission/committee to decide whether a member is excused. VOTE: *Student Representative Krusen: Yes T -� ' Porter Yes � Moore Yes ; Swarner _ Yes �Mas-sie Yes _Ross Yes —� M_ ollo Yes Boyle I Yes_._. - - -- MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2141-2006 -- Amending KMC 17.05.080 and 17.15.080 by Adding Sections That Provide for City Water and Sewer Charges Which are Due and Unpaid to Become Liens Against the Property Served. MOTION: Council Member Ross MOVED for the adoption of Ordinance No. 2141-2006 and Council Member Moore SECONDED the motion. There were no public comments. Molloy stated he forwarded questions he had with the ordinance to Attorney Graves, noting his concern with the last line of KMC 17.15.080(b), "...subordinate to only municipal tax and special assessment liens." Molloy stated he supported the concept but wanted to be sure a statutory basis KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 4 existed to be able to do it. Attorney Graves suggested action on the ordinance be postponed until he could research the issues Molloy raised. MOTION TO POSTPONE: Council member Molloy MOVED to postpone the ordinance until the next meeting and Council Member Boyle SECONDED the motion. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2142-2006 -- Amending KMC 14.20.290 to Clarify Which Issues May Be Appealed to the Board of Adjustment and Setting Forth Rules Regarding Who Has Standing to Bring Appeals. MOTION: Council Member Ross MOVED for the adoption of Ordinance No. 2142-2006 and Council Member Moore SECONDED the motion. The public hearing was opened. Gerald Brookman, VIP Subdivision, Kenai -- Mr. Brockman stated his opposition to the ordinance related to concerns of who would have standing to appeal; felt the ordinance was too restrictive; as a citizen of the city, he should have the right to appeal; and, urged council to fail the ordinance. Brookman referred to an appeal filed related to a proposed motor home park and as he understood the ordinance, he believed he would not have had standing because he was outside of the 300' radius. Attorney Graves noted, he believed the proposed ordinance would have granted him standing if he could show a reasonable argument the motor home park would have devalued or hurt the property he owns. He added, the ordinance would also grant standing to anyone within 300 feet of a subject property. Joe Ray Skrha, 2455 Watergate Way, Kenai -- Stated his opposition to the ordinance, noting he felt it was too restrictive; people are aggrieved if they are hurt, KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 5 devalued and financially affected, however quality of life is more than financial; and, if people feel aggrieved, they should be allowed to be aggrieved and a part of the process. Curt Wilcox, Beaver Loop -- Stated he agreed with Skrha and felt the ordinance too vague; questioned having to own property to be aggrieved; stated concern with the fourth whereas and the paragraph 5; and, he believed not allowing someone who does not own property to have standing would threaten the democratic process. Peter McKay, 55441 Chinook Road, Nikiski -- Stated he understood the ordinance would preclude people living outside the city limits from having standing to appeal decisions; felt the ordinance would put a fence around the city; thinks the ordinance too restrictive; and, stated he opposed the ordinance. Laura Sievert, 3329 Beaver Loop Road, Kenai -- Stated she strongly opposed the ordinance for the same reasons already stated; believes it hard to define an aggrieved person; believes someone would still have the right to file an appeal; and, urged the code not be amended as it already works well. Debby McKay, 55441 Chinook Road, Nikiski -- Stated her opposition to the code amendment because she believes it would deny renters; limit rights of nearby property owners beyond the 300' radius; too much added responsibility to the Clerk; and, urged council to fail the ordinance. A lengthy discussion took place related to the court case identified in the ordinance. There being no further public comments, the public hearing was closed. Council discussion generated comments and included: • Advisory decisions/recommendations of the Commission should not be appealable. • Consideration to expand beyond property ownership. • The issue of standing should be decided by the Board of Adjustment during its deliberations. • The definition of an aggrieved person is too restrictive and should have more review (any renter or taxpayer should be to file and appeal). i Suggestion to rewrite how appeals are processed to allow someone to file an appeal with anyone in the city administration instead of only the City Clerk. • Suggestion to forward the ordinance to the Kenai Bar Association for review and discussion with the City Attorney. 6 The ordinance limits the rights of citizens (whether value is measured in esthetics or monetary), a person should not have to prove he/she is aggrieved, and people should be given the opportunity to speak. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 6 • Someone with a general power of attorney and representing another person could file an appeal for that person. • A suggestion the definition be changed to allow more inclusion of city residents to have standing but different if not a city resident. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2142-2006 for a period of 30 days (second meeting in March) and Council Member Boyle SECONDED the motion. VOTE ON POSTPONEMENT: `Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Yes ---I -- Massie Bo yj.e1 - Yes Yes Ross Yes __ Molloy Yes _ J MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:15 P.M. BACK TO ORDER: 8:25 P.M. E-5. Ordinance No. 2143-2006 -- Amending the Official Kenai Zoning Map by Rezoning Tract A-1B, Petersen Subdivision No. 3, From Being Split - Zoned Conservation (C) and Townsite Historic (TSH) to Townsite Historic (TSH) Only. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2143-2006 and Council Member Massie SECONDED the motion. There were no public comments. Boyle stated he had several discussions related to the property and several issues came up about the Conservation Zone and bluff erosion. MOTION TO POSTPONE: Council Member Boyle MOVED to postpone Ordinance No. 2143-2006 until the next meeting and Council Member Molloy SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 7 Swarner stated she believed the ordinance was a housekeeping ordinance and would not support the motion to postpone. Ross agreed, adding the property should not be split and placing personal property in a Conservation Zone, to him, was a government taking. Concern related to the part of the property identified as wetlands was stated and the possibility of it being developed. Graves stated the Conservation Zone is defined as a depository of government property. A significant permitting process would be required for any development of the wetland portion of the property. Boyle stated his desire to further research the issue. VOTE ON POSTPONEMENT: *Student Representative Krusen: Yes Porter oore i No Swarner--- No _ - Massie ' Bo le - y _No No Yes- _ - Ross No — Molloy � Yes � J MOTION FAILED. VOTE: *Student Representative Krusen: No -- - Porter Yes —�- Moore Yes - Swarner Yes Massie Yes - Ross Yes - Mollo --- Yes - Boyle No--_ -- MOTION PASSED. E-6. Ordinance No. 2144-2006 -- Eliminating From the Kenai Zoning Code Land Use Table (KMC 14.22.010), Footnote 19 that Requires Some Conditional Uses in the Rural Residential-1 (RR1) and Suburban Residential (RS) Zones to Have Ingress and Egress to the Kenai Spur Highway. MOTION: Council member Ross MOVED for adoption of Ordinance No. 2144-2006 and Council Member Massie SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 8 Tom Rhymer, Robin Drive -- Stated he did not think the zone fit the area because of the parcels without highway access. Ross reported the issue was before the Planning & Zoning Commission and was a housekeeping measure, recognizing property owners could not access the Kenai Spur Highway without approval of the Department of Transportation. VOTE: *Student Representative Krusen: Yes Porter Yes Moore i Yes Swarner Yes j Massie Yes _ !Ross !Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-7. Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Map by Rezoning 40.85 Acres Located Along the Kenai Spur Highway at About Mile 6 From Rural Residential (RR) and General Commercial (CG) to Limited Commercial (LC). 10Coll 0CS) � Council member Ross MOVED for approval of Ordinance No. 2145-2006 and Council Member Moore SECONDED the motion. Tom Rhyner -- Stated concern with zoning the area commercial, a lot of driveways would be crossing the bike path and onto the highway and questioned whether the zoning change was well thought out. E-7a. Substitute Ordinance No. 2145-2006 -- Amending the Official Kenai Zoning Map by Rezoning 53.85 Acres Located Along the Kenai Spur Highway at About Mile 6 from Rural Residential (RR) and General Commercial (CG) to Limited Commercial (LC). MOTION TO SUBSTITUTE: Council Member Ross MOVED to substitute for adoption Ordinance No. 2145-2006 (substitute) and Council Member Moore SECONDED the motion. Tom Rhyner -- Rhyner gave a brief report of actions taken by the commission and noted the original resolution before the Commission included the front lots of Sungate KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 9 Park (Robin Drive/Eagle Rock). Those were deleted and then the two lots across the highway were added back in. He noted some concern with spring runoff into the lots, septic system problems due to varying amounts of spring runoff, etc. Council discussion and comments included: The Planning 8s Zoning Commission reconsidered the issue at its February 8 meeting, access from Eagle Rock was discussed, and the two lots (fronting 3W Subdivision) were added back into the properties to be included in the Limited Commercial Zone. • The properties along the highway are not being developed for residential use, the Limited Commercial Zone could promote restricted commercial development, and, some current residences could be used for housing businesses. • The Commission initially took written comments whether to proceed; the majority of comments submitted were in favor of it; and, the Commission held two public hearings. • Concern was expressed that while trying to develop the Kenai area, considering a branding program, etc., development of business toward Soldotna instead of downtown Kenai should not be encouraged. Barry Eldridge -- Gave a brief report of actions taken by the Planning & Zoning Commission, clarification of properties included in the new zone, and which properties were currently zoned General Commercial. VOTE ON SUBSTITUTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Boyle No MOTION PASSED. E-8. Resolution No. 2006-05 -- Setting the Public Hearing Date on the Proposed Angler Drive Paving District. MOTION: Council Member Moore MOVED to approve Resolution No. 2006-05 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 10 There were no public comments. Referring to a memorandum included in the packet, Acting City Manager Kopp noted it was important council understand there was no funding available to go forward with the project and the code does not include a provision to hold the petition in an active mode; it was the recommendation of administration for council not to move forward with the project; and, if council failed the resolution, the property owners would be informed of the curtailment of the project and that a new petition would be required if funds would become available in the future. When asked if there was no money period or for the project, Kopp answered, no money period. VOTE: *Student Representative Krusen: Yes Porter No Moore No Swarner No Massie No Ross No Molloy No Boyle No MOTION FAILED UNANIMOUSLY. E-9. Resolution No. 2006-06 -- Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Kenai Security Services, Inc. for the Period March 1, 2006 Through February 28, 2009. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2006-06 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-10. 2006 Liquor License Renewals -- E-10a. Fraternal Order of Eagles #3525 -- Club E-10b. Corey, Inc., d/b/a Upper Deck -- Beverage Dispensary/Tourism E-10c. Jennifer Lee, d/b/a New Peking Chinese Restaurant -- Restaurant/Eating Place. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 11 E-10d. Kenai Landing, Inc. d/b/a Kenai Landing -- Beverage Dispensary/Tourism -- Seasonal. E-10e. Charlotte's, Inc., d/b/a Charlotte's -- Restaurant/Eating Place -- Public Convenience. All approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of February 1, 2006 - Approved by consent agenda. ITEM G: UNFINISHED BUSINESS - None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills and Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDRED. H-2. Approval of Purchase Orders Exceeding $15,000 u [4T 0013 Council Member Moore MOVED for approval of the purchase orders exceeding $15,000 and Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2146-2006 -- Enacting KMC 13.10.070 Entitled, "Commercial Building and Property Maintenance." Introduced by approval of consent agenda. H-4. Ordinance No. 2147-2006 -- Increasing Estimated Revenues and Appropriations by $15,000 in the General Fund for an Alaska Highway Safety Grant to Reimburse the Police Department Overtime Account. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 12 H-5. Ordinance No. 2148-2006 -- Repealing the Existing Landscaping/Site Plan Regulations at KMC 14.25 and 14.20.115(i) and Replacing It with a New KMC 14.25 (Landscaping/Site Plan Regulations). Introduced by approval of consent agenda H-6. Ordinance No. 2149-2006 -- Amending KMC 21.10.040 by Allowing Lease Applications to be Extended for Six (6) Additional Months for Good Cause and Providing That Lease Application Appraisals are Good for Twelve (12) Months. Introduced by approval of consent agenda. H-7. Approval -- Lease Application -- Mark E. Lockwood, d/b/a Kenai Self- Storage/Tract B, Gusty Subdivision No. 2. MOTION: Council Member Ross MOVED for approval of the lease application of Mark E. Lockwood, d/b/a Kenai Self-Storage/Tract B, Gusty Subdivision No. 2 and Council Member Moore SECONDED the motion. It was reported the application was before the Planning & Zoning Commission; the Commission's focus was limited by the code; and, during discussion two concerns were considered, i.e. is the proposed development what would be wanted for that property and under the draft Mixed Use Zone, the proposed development would not be a conforming use. Comments of council included: • The proposed use is not appropriate for the area. • The property is located within the runway protection zone. • The property is very close to the Visitors Center. • The property may not be developed for some time because of the glide path of aircraft. • The applicant has another facility and keeps it very nice; placement of a similar facility on the subject property could be landscaped; the subject property would be included in the proposed Mixed Use Zone and if approved, the development would be introducing a totally non -conforming use to that area. • It is not the best use of the property. VOTE: *Student Representative Krusen: No KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 13 Porter No Moore No Swarner No Massie No Ross No Mollo No BoyleINC) j MOTION UNANIMOUSLY FAILED. H-8. Approval -- Amendment to Special Use Permit -- Kenai Central High School Hockey Booster Club/Dasher Board Advertisements and Ice Logos -- Multipurpose Facility. Council Member Moore explained, though he was not financially involved with the issue, he believed he should abstain due to his activity with the Booster Club. Attorney Graves stated, because Moore participated in the negotiation of the agreement as an officer of the Club, he believed it appropriate for Moore to abstain. MOTION: Council Member Molloy MOVED to approve the Amendment to Special Use Permit for dasher board advertisements and ice logos to the Kenai Central High School Hockey Booster Club at the Multipurpose Facility. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-9. Approval -- Kenai Municipal Park Site Improvement Plan Moore explained, council requested the plan be brought forward for its review; the plan had been discussed by the Parks & Recreation Commission; and, the plan gives a look at what improvements are planned for the park. Parks & Recreation Director Frates reviewed the plan and noted the primary changes as the addition of a second shelter, reduction in the number of picnic sites, and, the addition of a parking lot off South Forest Drive. He noted, the parking lot may not be developed due to funding restraints. Frates also reported the desire of the Commission is to visually open the park and make it safer; allow for turf areas; keep the trails gravel; to include signage related to the barabaras and food caches; clear only enough trees to clear areas for picnic sites; and, with appropriate signage, etc., keep the parking area safe. Council stated no objections to the plan. H-10. Approval -- Parks & Recreation Commission Letter to Senator Wagoner/Section 36 Street Light Request. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 14 Council reviewed the draft letter and it was suggested it be signed by all the members of the Commission. Council stated no objections to the letter being forwarded. H-11. Discussion -- Event/Conference Center Kopp reviewed the Visitors Center letter included with items added to the packet at the beginning of the meeting which indicated the desire to contact the owners of the old Carr's grocery store and discuss the possibility of the use of the property as an event/conference center, including a use fee, etc. Recognizing the building would need improvements, Administration suggested the facility be reviewed and researched as to what costs would be necessary to make the area usable. It was also noted, no agreements would be made, etc. without the review and approval of council. Porter noted consensus of council to allow administration to speak with the property owner. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- No report. I-2. Airport Commission -- Ross noted a meeting was held on February 9 and the principal discussion was the Air Fair and forwarded a request to move their March meeting to after the Arctic Winter Games. Council stated no objections to changing the March meeting date. I-3. Harbor Commission -- No report. I-4. Library Commission -- Molloy reported Director Joiner was welcomed at the February 7 meeting; a presentation was made by Architect Klauder related to the proposed addition; forming a building committee was discussed; and, discussed the development of a needs assessment. I-5. Parks & Recreation Commission -- Molloy reported the Commission discussed the Municipal Park plan and a presentation was given related to underground sprinkler systems. I-6. Planning & Zoning Commission -- Ross reported most of the items dealt with by the Commission were brought forward to the council agenda. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reported the Committee met on February 14 and discussed the inclusion of a sprinkler system at Memorial Park and set June 3 as planting day. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 15 I-7b. Alaska Municipal League Report -- Swarner reported she participated in a teleconference and it was reported the annual group fly -in may not be held. I-7c. Arctic Winter Games -- Frates gave a brief report of activities and planning for the Games. I-7d. Stranded Gas Committee -- No report. ITEM J: REPORT OF THE MAYOR - Mayor Porter reported the following: • A Mini -Grant Committee meeting was held and five applications were reviewed; a grant was awarded to Tom Burke (KCHS teacher) for the manufacturing of 30 metal salmon planters. Funds for the $500 grant award would be taken from the Legislative budget. • Referred to a letter from the Boys & Girls Club requesting funding of its Project Protect in the FY 2007 budget and requested the information be included in the budget process. • Suggested the letter from the Parks 8a Recreation Commission regarding streetlight request be forwarded to Representatives Chenault and Olson. There were no objections from council. Kopp noted a similar letter had been sent by administration and additional information related to highway accidents, etc. • Commented on an article in a recent National Cities Weekly related to inmate labor. ITEM K: . ADMINISTRATION REPORTS K-1. City Manager -- Kopp reported the following: • Referred to the K. Kornelis letter included in the packet written in response to the Corps of Engineers draft technical report on the bluff stabilization project. Kopp referred to comments from the report which stated stabilization of the bluff is technically possible and would likely not have a significant effect on the environment. He added, the $500,000 appropriated in FY 2006 for erosion control and bluff stabilization would be used for further study of groundwater seepage and analysis and design of bank stabilization measures and should be the last study needed prior to going to project design (according to the Corps). • Kopp noted, the city took issue with several of the Corps' comments which were indicated in the city's response letter. f A meeting will be held on March 15 with representatives of the Corps and the contracted engineering team in regard to the bluff project. It is hoped the Corps representatives will be able to attend the evening's council meeting and speak to the bluff project. • Referred to the Public Works monthly report in regard to the developer's damage to the bluff and are continuing to move forward with a corrective action plan. A report should be available for the March 15, 2006 council meeting. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 16 • He and Mayor Porter will be meeting with Senator Murkowski in the next week and will discuss the city's capital improvement projects. Referred to the RuralCap letter included in the packet related to Owner - Built Self -Help Program and a request for developing City property. He noted, administration was reviewing the issue, including taxes owed, value, etc. and would be meeting again on the issue. Reported security requirements for the Arctic Winter Games would be more than what he had anticipated and a small transfer may be necessary from Contingency. • All the improvements at the hockey rink have been paid for by Arctic Winter Games Host Society. K-2. Attorney -- Attorney Graves reported work on code amendments related to the Airport Supplemental Plan were moving forward. Draft ordinances would be distributed to city commissions, realtors, KEDS, etc. in order to allow for public input. K-3. City Clerk -- Clerk Freas referred to her memorandum included in the packet noting a possible four members of the Planning & Zoning Commission wanted to attend commissioner training in Anchorage in March; their travel costs would be paid for through the Legislative budget if council approved. MOTION: Council Member Molloy MOVED to approve the request and Council Member Boyle SECONDED the motion. VOTE: *Student Representative Krusen: Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM L: L-1. Citizens -- No comments. L-2. Council Moore -- No comments. KENAI CITY COUNCIL MEETING FEBRUARY 15, 2006 PAGE 17 Swarner -- ! Noted she received comments from constituents of water color problems in Thompson Park. • Will be out of state from February 26 through March 1, 2006 and would be meeting with the congressional delegation. • She and Jason Carroll would be participating in a teleconference related to the ICMA Russian trip. Massie -- No comments. Krusen -- Questioned Arctic Winter Games volunteer needs. Ross -- Reported he may not be able to attend the Board of Adjustment Hearing scheduled for February 16, but would participate in the decision after reviewing the minutes and tape recording. Molloy -- Thanked the Kenai Fire and Police Departments for their work related to a neighbor's house fire. Boyle -- * Suggested the Dip Net Fishery Report be revisited. • Suggested council determine the vision for the city for the future. Porter -- Reported she had several complimentary comments regarding the city's efforts to keep the sidewalks plowed. EXECUTIVE SESSION - None Scheduled ITEM M: There being no further business before the Council, the meeting adjourned at approximately 10:00 p.m. Minutes transcribed and prepared by: APROVEI) SY COUN Carol L. Freas' City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting.