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HomeMy WebLinkAbout2006-03-15 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMH httu: / /www.ci.ken,)i.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) Patrick Fitzgerald, Army Corps of Engineers -- Kenai Bank Stabilization Project. 2. Todd Eberhardt, Copper River Seafoods -- Station #3, Kenai City Dock ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS 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. (Clerk's Note: A motion to adopt was made prior to the motion to postpone until March 15, 2006). a. Substitute 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. 2. Ordinance No. 2150-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. 3. Ordinance No. 2151-2006 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Art Acquisition. 4. Ordinance No. 2152-2006 -- Amending Land Use Table KMC 14.22.010 to Remove Footnote 10 From the Land Use Category of "Churches" in the Central Commercial (CC) and General Commercial (CG) Zones in the Land Use Table and Changing "Churches" From a Conditional Use to a Principal Permitted Use in the Light Industrial Zone (IL). 5. Ordinance No. 2154-2006 -- Increasing Estimated Revenues and Appropriations by $135,000 in the General Fund and Boat Launch Capital Project for Boat Launch Ramp Improvements. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption d. Consideration of Motion for Adoption 6. Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. (Clerk's Note: A motion to approve Resolution No. 2006-04 was made at the February 1, 2006 council meeting prior to the resolution being postponed to March 15, 2006.) a. Substitute Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. 7. Resolution No. 2006-10 -- Approving a Contract to Peninsula Construction, Inc, for the Project Entitled, "Kenai Boat Launch Ramp Improvements - 2006" for the Basic Bid Amount of $451,600. 8. Resolution No. 2006-11 -- Awarding the Bid to Floor -Ever Inc. for Vintage Pointe Manor Carpet Replacement - 2006 for the Total Amount of $45,145. 9. Resolution No. 2006-12 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. 10, 2006 LIQUOR LICENSE RENEWAL -- PROTESTS a. Kings Inn Hotel Property Management, LLC, d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC b. Alaskalanes, Inc., d/b/a Alaskalanes C. Amy & George Bowen, d/b/a One Stop ITEM F: MINUTES 1. *Regular Meeting of March 1, 2006. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2153-2006 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Fuel Purchases. 4. Approval -- Memorandum of Cooperation for Technical Cooperation Between the Municipality of Bolshoy Kamen, Russia and the city of Kenai, Alaska, USA. 5. Discussion -- Web Page Upgrade 6. Discussion -- Kenai Economic Development Strategy (KEDS) Recommendations a. Millennium Square b. Section 36 C. Annual Economic Forums 7. Discussion -- Challenger Learning Center of Alaska Request 8. Discussion -- Conservation Fund Land/Contract for Sale of Real Estate. ITEM I: 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: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www,ci.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: Linda SwarnerI Cliff Massie Rick Ross Robert Molloy Pat Porter, Mayor Joe Moore, Vice Mayor Absent was: Mike Boyle 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-1/E-la -- Ordinance No. 2142-2006/Substitute Ordinance No. 2142-2006 -- Appeals heard by Kenai City Council Table. ADD TO: E-5, Ordinance No. 2154-2006 -- Increasing Estimated Revenues and Appropriations by $135,000 in the General Fund and Boat Launch Capital Project for Boat Launch Ramp Improvements -- scope of work reduction information. U4 _ • TA Council Member Moore MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 2 A-4. CONSENT AGENDA MOTION: Council Member Molloy MOVED approval of the Consent Agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Patrick Fitzgerald, Army Corps of Engineers -- Kenai Bank Stabilization Project. Fitzgerald introduced others from the Corps of Engineers and the contractor (Tetra Tech) who would scope out the remaining work and design bluff stabilization alternatives. Fitzgerald reviewed information included in the packet and discussed alternatives to be considered. Corps comments included: • Encouraged the city to lobby to the congressional delegation for construction costs. • They hope to have a design ready by Fall, 2006 and if the Corps is given authority to build, it is expected to have plans and specifications ready by the end of 2007 and go to construction in 2008. • Congress will direct the Corps and if the city is interested in incorporating a coastal trail into the design, it will have to discuss that issue when requesting construction funding. B-2. Todd Eberhardt, Copper River Seafoods -- Station #3, Kenai City Dock Referring to his letter included in the packet, Eberhardt discussed concerns he had with the bid for the use of the city dock. Discussion followed and because the bid for Crane No. 2 had been awarded to Copper River Seafoods at the March 1 meeting, Eberhardt was asked if he would have any objection to negotiating with the City Manager for Crane No. 3 and Eberhardt stated he would have no objections. ITEM C: C-1. Tim Dillon, General Manager, Arctic Winter Games -- Thanked the City of Kenai for its assistance in preparation of and through the completion of the Games, reported ticket sales were better than expected, and added, a final financial report is being compiled. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 3 C-2. Randy Kornfield, Kenai Police Department -- Reported he was a Venue Captain during the Games at Kenai Central High School and recognized members of city staff who assisted with the Games. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. 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. (Clerk's Note: A motion to adopt was made prior to the motion to postpone until March 15, 2006). E-1a. Substitute 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 the Substitute Ordinance No. 2142-2006 and Council Member Moore SECONDED the motion. Joe Ray Skrha -- Suggested a formal procedure be included in the ordinance for stamping in or documenting receipt of the appeal and people in a neighborhood who feel they are aggrieved should be heard. Attorney Graves suggested a copy of the appeal document, after being stamped received, be sent to the appellee. Mark Osterman, 215 Fidalgo Avenue, Kenai -- Osterman noted concerns he had with the original ordinance.. It was pointed out, the substitute ordinance had made changes to those areas. Osterman was asked if the Kenai Bar Association had reviewed the substitute and if not, was additional time to review it requested. Osterman stated the Association would like more time to review the ordinance. Laura Sievert, 3329 Beaver Loop Road, Kenai -- Stated her opposition to the ordinance stating she believed it was too strict and encouraged council to leave the appeal process as it currently was written. Allen VanHorn, 2505 Mercer Street, Kenai -- Stated he believed the original ordinance was anti -democratic and that a person should have the right to appeal even if living more than 300 feet from the property. It was noted, in the substitute iv1t11C-i 10, LVVV PAGE 4 ordinance a person would have standing to appeal if the person could indicate "use or enjoyment of the property" and the 300' limit would not apply. Gerald Brookman, 715 Muir Avenue, Kenai -- Stated he still believed the ordinance was too restrictive related to the ability for someone to appeal and believes any resident of the city should have the right to appeal a Planning & Zoning decision; felt the $100 filing fee would discourage appeals; and urged council to fail the ordinance. Curt Wilcox, 3329 Beaver Loop -- Stated he believed the current appeal process should be kept as there had not been that many appeals over the years, and the suggested changes had not been justified. There being no other public wishing to speak, the public hearing was closed. Council discussion followed and comments included: • Council Member Molloy stated he agreed with the public comments and would not support the ordinance in the form presented and offered several issues he believed needed attention, i.e. there had not been that many appeals over the years, believed the ordinance would restrict the public's right to appeal; the suggested changes could result in litigation; and, are the suggested amendments to the ordinance necessary. • Council Member Ross stated he believed the substitute ordinance had taken into account comments received during the initial public hearing; who would have standing was very broad; and, who would determine standing was placed on the Board of Adjustment. • Council Member Swarner questioned the filing fee and Attorney Graves explained, currently there is no filing fee for appeals. MOTION TO AMEND: Council Member Swarner MOVED to amend Section A to add a subsection 5 to read "or, a resident of the City of Kenai." Council Member Moore SECONDED the motion. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes i MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 5 Council discussion continued during which comments included: • "Enjoyment" would be limited by other areas of the ordinance. • With the amendment made, the concern of limiting standing was moot. • Additional input should be received from the law community and postponement of the ordinance should be considered. MOTION: Council Member Molloy MOVED to postpone the ordinance to the April 5 meeting and Council Member Massie SECONDED the motion. VOTE: *Student Representative Krusen: Yes Swarner No Massie Yes Ross No Molloy Yes Bo le Absent Porter No Moore No MOTION FAILED. Discussion followed related to costs involved in holding a Board of Adjustment hearing. It was explained costs are based on the amount of property owners within the 300' area of a property on which an appeal has been filed and who are notified by mail of an appeal, costs of time and materials in preparing packets, mailing costs, etc. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Krusen: Yes Swarner Yes Massie No Ross Yes Molloy No Bo le Absent Porter Yes Moore Yes MOTION PASSED. BREAK TAKEN: 8:25 P.M. BACK TO ORDER: 8:34 P.M. E-2. Ordinance No. 2150-2006 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 6 Council Member Molloy MOVED for the adoption of Ordinance No. 2150-2006 and Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Boyle Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-3 RNSITUT3 Ordinance No. 2151-2006 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Art Acquisition. Council Member Swarner MOVED to adopt Ordinance No. 2151-2006 and Council Member Massie SECONDED the motion. Mya Renken, Executive Director, Kenai Convention & Visitors Bureau -- Renken noted, the City of Kenai would be the owner of the collection. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes MolloyYes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2152-2006 -- Amending Land Use Table KMC 14.22.010 to Remove Footnote 10 From the Land Use Category of "Churches" in the Central Commercial (CC) and General Commercial (CG) Zones in the Land Use Table and Changing "Churches' From a Conditional Use to a Principal Permitted Use in the Light Industrial Zone (IL). KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 7 MOTION: Council Member Ross MOVED to approve Ordinance No. 2152-2006 and Council Member Moore SECONDED the motion. There were no public comments. It was noted, the ordinance was brought forward to cure an inconsistency in the code. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2154-2006 -- Increasing Estimated Revenues and Appropriations by $135,000 in the General Fund and Boat Launch Capital Project for Boat Launch Ramp Improvements. E-5a. Motion for Introduction MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2154-2006 and Council member Moore SECONDED the motion. There were no public comments. Explanation for the need to introduce and consider passage of the ordinance in one meeting was stated as the bids received had exceeded the budget and the engineer's estimate; in order to have the project completed prior to the dip net fishery, ordering and manufacturing of the concrete slabs, etc. would need to be as soon as possible. A memorandum from the design engineer was reviewed (provided at the beginning of the meeting) and it was noted, the scope of work had been reduced, however the funds would need to be appropriated at this meeting in order for the work to be completed prior to the opening of the dip net season. Bill Nelson, Wm. Nelson & Associates -- Nelson explained the time and involvement in manufacturing the concrete forms and planks; the project would be on a tight timeline with regard to when work could take place (Corps and tides); with either as bid or reduced scope, time will be needed to make the planks if the work is to be KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 8 completed prior to the dip net season; and, if the funds are appropriated and the bid awarded at this meeting, the contractor would be ordering materials in the morning. Nelson also noted, in his estimates, he did not apply enough for inflation; if the project began and was not completed by dip net season, the contractor would have to stop work because of the congestion of people, boats and vehicles, however with the completion date of June 30, liquidation damages would then apply. Attorney Graves explained, if the city would delay the project, the completion date would have to be altered; Administration chose to place the issue on the agenda with knowledge Council would have the alternative to either proceed or not. Discussion followed during which comments included: • Desire to proceed with the project in order for it to be completed by July 1. Do not like have two readings in one meeting. VOTE ON INTRODUCTION: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Boyle Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-5b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Council Member Molloy MOVED for the second reading of Ordinance No. 2154-2006 and Council Member Moore SECONDED the motion. VOTE ON SECOND READING: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Boyle Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 9 E-5c. Motion for Adoption Council Member Ross MOVED for adoption of Ordinance No. 2154-2006 and Council Member Moore SECONDED the motion. There were no public or council comments. E-5d. Consideration of Motion for Adoption VOTE ON ADOPTION: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-6. Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. (Clerk's Note: A motion to approve Resolution No. 2006-04 was made at the February 1, 2006 council meeting prior to the resolution being postponed to March 15, 2006.) E-6a. Substitute Resolution No. 2006-04 -- Directing the Continuation of the Project Entitled "McCollum and Aliak Drives Paving District" and Designating What Improvements Are to Be Included in This Project. MOTION: Council Member Molloy MOVED for Substitute Resolution No. 2006-04 and Council Member Moore SECONDED the motion. There were no public comments. Public Works Manager Kornelis reviewed the information included in the packet relating to the comparison of options, responses received from property owners as to preference of options, etc. VOTE: KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 10 *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-7. Resolution No. 2006-10 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled, "Kenai Boat Launch Ramp Improvements - 2006" for the Basic Bid Amount of $451,600. MOTION: Council Member Moore MOVED for approval of Resolution No. 2006-10 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-8. Resolution No. 2006-11 -- Awarding the Bid to Floor -Ever Inc. for Vintage Pointe Manor Carpet Replacement - 2006 for the Total Amount of $45,145. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2006-11 and requested UNANIMOUS CONSENT. Council member Molloy SECONDED the motion. There were no public comments. Administration explained the vendor is a Kenai business and was compliant with taxes. VOTE: There were no objections. SO ORDERED. E-9. Resolution No. 2006-12 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. MOTION: KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 11 Council Member Molloy MOVED for approval of Resolution No. 2006-12 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-10. 2006 LIQUOR LICENSE RENEWAL -- PROTESTS E-10a. Kings Inn Hotel Property Management, LLC, d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC E-10b. Alaskalanes, Inc., d/b/a Alaskalanes E-10c. Amy & George Bowen, d/b/a One Stop MOTION: Council Member Swarner MOVED the City Clerk send letters of protest to the Alcoholic Beverage Control Board for the establishments of Kings Inn Hotel Property Management, LLC, d/b/a Kings Inn Hotel, Restaurant, Lounge, LLC, Alaskalanes, Inc., d/b/a Alaskalanes, and Amy & George Bowen, d/b/a One Stop. Council Member Moore SECONDED the motion. VOTE: `Student Representative Krusen: Yes Swarner I Yes Massie Yes Ross Yes Molloy IYes Boyle Absent Porter �Yes Moore I Yes MOTION PASSED UNANIMOUSLY. ITEM F: MINUTES F-1. Regular Meeting of March 1, 2006 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 12 MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and Council member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2153-2006 -- Increasing Estimated Revenues and Appropriations by $35,000 in the General Fund Shop Department for Fuel Purchases. Introduced by approval of consent agenda. H-4. Approval -- Memorandum of Cooperation for Technical Cooperation Between the Municipality of Bolshoy Kamen, Russia and the city of Kenai, Alaska, USA. MOTION: Council Member Swarner MOVED to approve the Memorandum of Cooperation for Technical Cooperation between the Municipality of Bolshoy Kamen, Russia and the City of Kenai, Alaska, USA. Council Member Massie SECONDED the motion. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. H-5. Discussion -- Web Page Upgrade KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 13 Mayor Porter explained, funds were included in the current budget for an upgrade to the city's webpage and the estimate for the upgrade from the present webmaster was approximately $4,000. She asked if council wanted to proceed with the upgrade or include funds in the next budget. A brief discussion followed in which comments included: • Proceed • Desire for other proposals • Proceed with the current website manager and include more information -- not sure the estimated $4,000 will be enough to add more information. Consensus of council was to move forward with the current webmaster and council was requested to review the draft site provided by the current webmaster. H-6. Discussion -- Kenai Economic Development Strategy (KEDS) Recommendations H-6a. Millennium Square H-6b. Section 36 H-6c. Annual Economic Forums Porter noted, the KEDS Action Team requested a work session to discuss the three issues in depth, i.e. Millennium Square, Section 36 and Annual Economic Forums Council scheduled a work session for April 17, 2006 in the council chambers, beginning at 7:00 p.m. H-7. Discussion -- Challenger Learning Center of Alaska Request It was explained, the City was contacted by the Director of the Challenger Learning Center and informed the Center was having short-term financial difficulties and a request was made for the City to assist them in paying for utilities for the next six months at an estimated cost of $24,000. Larry Porter, Director, Challenger Learning Center of Alaska -- Porter noted the following: The Center had been operated on federal grant funds and now the effort is to operate it as a business. • The budget has been cut. • He is working pro bone. • They are developing new programs. • A new business plan has been developed and will be made available to council. Discussion followed in which comments included: KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 14 • If the facility were to close, the property would revert back to the City who would then have to maintain the building, including electrical and heating costs estimated at approximately $2,000 a month. • Preparation of a Memorandum of Agreement was requested to be presented with the appropriation ordinance at its introduction. • A copy of the business plan was also requested to be forwarded with the appropriation ordinance. Y The City should not be running the Center or entering into a long-term agreement to fund the Center. • Constant reporting from the Center should be required. • Not interested in a $24,000 grant or a relationship beyond meeting a temporary cash flow problem. Direction to Administration was to prepare the appropriation ordinance; include with the ordinance for introduction on April 5 a written statement outlining the request and explanation for the need of the funds, a copy of the financial plan, and a draft Memorandum of Agreement. H-8. Discussion -- Conservation Fund Land/Contract for Sale of Real Estate. Attorney Graves referred to a memorandum included in the packet and explained, The Conservation Fund and the City were ready to close the land sale; the Fund's parent organization requested the Fund and the City to enter into a Contract for Sale of Real Estate (the draft agreement was included in the packet). Graves noted, the Agreement would bind the land exchange and land sale into one action but would not change the conditions of the sale and the restrictions requested by Council would be included in the warranty deed. Consensus of Council was to move forward. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Director Craig reported the meeting summary of the March 2 meeting was included in the packet. I-2. Airport Commission -- Council Member Swarner reported the next meeting would be held March 16. I-3. Harbor Commission -- Council Member Massie reported the meeting summary was included in the packet. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 15 I-4. Library Commission -- Council Member Molloy reported the meeting summary was included in the packet and reviewed discussions that took place related to the proposed expansion and needs assessment. I-5. Parks & Recreation Commission -- Council Member Moore reported the meeting summary was included in the packet and reviewed discussion that took place in extending the green strip area into the community garden plots area. Moore also noted, the Commission's April meeting had been cancelled. 1-6. Planning & Zoning Commission -- Council Member Ross reported the March 8 meeting had been cancelled and the next meeting would be held on March 22, 2006. 1-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reported a meeting was held on March 14 and gave a brief review of discussions held. I-7b. Alaska Municipal League Report -- Swarner reported a teleconference was held on Land Use and Economic Development. I-7c. Arctic Winter Games -- Director Frates gave a brief report on the Games' activities and the City's involvement. I-7d. Stranded Gas Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter briefly reported on her experience with the Games and noted she had been touching base with organizations within the City. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported he had been spending his first week of employment with the City reviewing the draft budget, meeting with department heads related to the budget and working with Finance Director Semmens in formulating the budget for presentation to Council on April 5. K-2. Attorney -- Attorney Graves reported: • He was contacted by the borough related to "community purpose exception" to property taxes. He will prepare a more detailed memorandum for the April 5 packet. Council Member Molloy noted he may have a conflict of interest related to the issue. • He received acknowledgement from the Bureau of Outdoor Recreation the City would not have to undergo a conversion related to the plat for the Eagle Bluff KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 16 Subdivision. Because there is no problem with the conversion, he was proceeding with the finalization of the plat. • Amendments were being made to the landscaping ordinance based on comments made during the public hearing at the March 1 meeting. The amended ordinance would be forwarded to the Planning & Zoning Commission for review prior to coming back to Council. • A fundraiser for Gabriel Boyle was scheduled for March 31 at 6:00 p.m. at the Senior Center. K-3. City Clerk -- Reminded Council would not be attending the April 5 meeting. ITEM L: L-1. Citizens -- Bob Peters -- Reported the Kenai Library had received a federal health award. Mya Renken -- Reported a Highway Neighbors Conference would be held at the Visitors Center on March 28-30. M-2. Council -- Moore -- • Welcomed Rick Koch to the City of Kenai. • Stated he was not satisfied with the report on the damage to the Cook Inlet Drive bluff in relation to what went wrong; would like City Manager Koch to review the file; and, requested Council's permission for Administration to review the information. • Congratulated Chuck Kopp on his being inducted into the Alaska High School Hall of Fame related to sport activities. Swarner -- • Agreed with Moore related to the Cook Inlet Drive bluff damage. • Welcomed Rick Koch. • Asked if any Carr-Gottstein responded related to the use of the empty grocery store for an events center. Chief Kopp reported Administration met with a real estate broker and discussed the issue, noting the City would be interested in use of the facility at a nominal fee and improvements needed. The broker stated Carr- Gottstein was very interested in the use of the facility; are willing to consider renovations; asked for a formal request from the City; and, offered an alternative site in the building. • Requested food be available for the April 10 budget work session. Massie -- No comments. KENAI CITY COUNCIL MEETING MARCH 15, 2006 PAGE 17 Krusen -- Reported he had been accepted to U.C.L.A. Ross -- Requested a list of appropriations from fund balance for the current fiscal year and for what the funds were used. Molloy -- • Agreed with Moore regarding the bluff issue. Suggested excavation and fill be done on the bluff property, taking the fill from City property and requested the engineer estimate the amount of fill needed and a dollar amount to compensate for the cost. Y Referred to Information Item No. 2 a communication he received from Ron Goecke related to the building maintenance ordinance and suggestions he had on the issue. -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:10 p.m. Minutes transcribed and prepared by: 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 of council cote 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. APPROVED NY COUNCIL t�e4IL CITY CI EW0,