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HomeMy WebLinkAbout2005-06-15 Council Minutes� AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.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: ITEM C: ITEM D: ITEM E: ITEM F: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE PUBLIC HEARINGS 1. Ordinance No. 2104-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Senior Citizens Borough Fund and Senior Citizens Title III Grant Fund. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 2. Resolution No. 2005-27 -- Supporting the Reopening of the Healy Clean Coal Plant. 3. Resolution No. 2005-28 -- Awarding Janitorial Contracts for the Kenai Community Library Building Commercial Janitorial Services for the Period July 1, 2005 Through June 30, 2006. 4. Resolution No. 2005-29 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Painting - June 2005 for the Total Amount of $15,284. 5. ITEM G: 1. 2. ITEM H: 1. ITEM I: 1. 2. Resolution No. 2005-30 -- Transferring $43,000 in the Wellhouse 4 Capital Project Fund for Additional Engineering for Wellhouse 4. MTNTTTIPA *Regular City Council Meeting of June 1, 2005. *Special City Council Meeting of June 9, 2005. OLD BUSINESS Discussion/Approval -- Display of Boat K-6 at Kenai Landing. NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. 4. *Ordinance No. 2106-2005 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. 5. Discussion -- Draft Resolution/Intent for Donation of Property to Senior Connection/Proposed Assisted Living Facility. 6. Discussion -- PERS Rehired Retiree Program Continuation. 7. Discussion -- Dock Boat Exit Road/Land Trade with Conservation Fund. 8. Discussion -- Advertising/Purchase -- Alaska: North to the Future, Volume III. ITEM J: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8. 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 11 l'il�l it REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wvcw .ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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: Rick Ross Blaine Gilman James N. Butler, III Pat Porter, Mayor Linda Swarner Cliff Massie Absent was: Joe Moore A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500/Fiscal Year 2006 MOTION: Council Member Gilman MOVED to approve the agenda as amended and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Massie MOVED for approval of the consent agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. �KENAI CITY COUNCIL MEETING DUNE 152 2005 PAGE 2 ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Betty Glick, Assembly Member, 1610 East Aliak, Kenai -- Assembly Member Glick reported on actions taken at the June 7 and 8, 2005 Borough Assembly meeting, including: • The FY06 budget was passed, with amendments. • The revenue enhancer ordinance was passed which included a three percent borough sales tax (increase of one percent) . • A 6.5 borough mil levy was maintained. • There will be ballot propositions related to the Funny River Road bridge an bed/accommodation tax. • Requested information as to the city's objection to supporting the Borough Comprehensive Plan in order to discuss those issues when the ordinance comes for a vote at the June 21 Assembly meeting and information related to the city not being awarded emergency preparedness grant funds. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Mya Renken, Director, KCVB, 11471 Kenai Spur Highway, Kenai -- Renken updated council on events taking place at the Center and including the Saturday Market's success to date; Kenai Classic beginning July 5; and, the popularity of the summer interpretive program. Renken reported their next board meeting would be held Monday, June 20. ITEM F: PUBLIC HEARINGS F-1, Ordinance No. 2104-2005 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Senior Citizens Borough Fund and Senior Citizens Title III Grant Fund. F-1 a. Motion for Introduction MOTION: Council Member Swarner MOVED for the introduction of Ordinance No. 2104-2005 and Council Member Butler SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING DUNE 15, 2005 PAGE 3 Ross Yes Gilman Yes Butler Yes Porter Yes Moore Absent Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. F-lbo Motion for Second Reading MOTION: Council Member Swarner MOVED to hold a second reading of Ordinance No. 2104- 2005 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. F-1 c. Motion for Adoption MOTION: Council Member Swarner MOVED to adopt Ordinance No. 2104-205 and Council Member Ross SECONDED the motion. There were no public comments. Acting City Manager/Finance Director Semmens explained the reason the ordinance was introduced and received its second reading in one night was because the Title III grant funds are very difficult to estimate at the end of the year and a similar transfer may be needed next year for the same reason. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Absent Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. F-2. Resolution No. 2005-27 -- Supporting the Reopening of the Healy Clean Coal Plant. KENAI CITY COUNCIL MEETING DUNE 159 2005 PAGE 4 MOTION: Council Member Ross MOVED for approval of Resolution No. 2005-27 and Council Member Butler SECONDED the motion. There were no public comments. Mayor Porter explained the resolution was brought forward due to a request from members of the Agrium Task Force. Council Member Ross reviewed the resolution and explained a grant through the Department of Energy was used to design and build the Healy Clean Coal Project to demonstrate clean coal technology; after the demonstration, the project was not used; and, if the project is reopened, with some modification, it was felt the project could help diversify the energy supply and would still be a cleaner operation than other operations. Council Member Gilman stated he was uncomfortable with the message the resolution would be forwarding and was not sure why the issue was before the council. Gilman stated he would not support the resolution. VOTE: Ross Yes Gilman No Butler Yes Porter Yes Moore Absent Swarner Yes Massie Yes MOTION PASSED, F-3, Resolution No. 2005-28 -- Awarding Janitorial Contracts for the Kenai Community Library Building Commercial Janitorial Services for the Period July 1, 2005 Through June 30, 2006. MOTION: Council Member Butler MOVED for adoption of Resolution No. 2005-28 and Council Member Swarner SECONDED the motion. There were no public comments. When questioned about the bid award, Library Director Jankowska explained the low bidder was currently the janitorial service for City Hall. VOTE: Council Member Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 152 2005 PAGE 5 F-4. Resolution No. 2005-29 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Painting - June 2005 for the Total Amount of $15,284. MOTION: Council Member Massie MOVED for approval of Resolution No. 2005-29 and Council Member Butler SECONDED the motion. There were no public or council comments. VOTE: Ross Yes Gilman Yes Butler Yes Porter Yes Moore Absent Swarner Yes Massie Yes MOTION PASSED UNANIMOUSLY. F-5. Resolution No. 2005-30 -- Transferring $43,000 in the Wellhouse 4 Capital Project Fund for Additional Engineering for Wellhouse 4. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-30 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. G-1. agenda. G-2. agenda. ITEM H: Regular City Council Meeting of June 1, 2005 -- Approved by consent Special City Council Meeting of June 9, 2005 -- Approved by consent OLD BUSINESS Discussion/Approval -- Display of Boat K-6 at Kenai Landing. KENAI CITY COUNCIL MEETING JUNE 15, 2005 PAGE 6 Dan Van Zee, 37035 Nicholas Lane, Soldotna -- Mr. Van Zee reported he was representing Kenai Landing and noted: • Kenai Landing filed articles of incorporation for the Alaska Fisheries Museum, Inc., which will be housed at the Landing and dedicated exclusively to fisheries in the State of Alaska. The oldest building at the Landing, the net barn, will be used for the facility. They are searching for people interested in being board members. • They believe the K-6 boat was conveyed with conditions, including annual maintenance, through a letter from Nordstrom, Steele & Jefferson. • Nordstrom, Steele & Jefferson received return correspondence from Fred Braun accepting the donation and the terms. A check for $10,000 was transmitted and portion of it was to be used for the boat's maintenance. • They do not feel the Kenai Convention & Visitors Bureau fulfilled their commitment to maintain the boat. • They believe the display of the boat would be best at the Landing in the new museum where there would be a caretaker on site, the boat can be covered during the winter, etc. • Requested the K-6 be transferred to the Alaska Fisheries Museum, Inc., whether a donation or long-term conditional loan. • When asked if they would provide a copy of the check used for the restoration of the boat, he noted they intend to use staff to do most of the restoration work. However, they could log the hours and set values on them, along with costs for material, etc., if required. They did not envision hiring someone specific to do the restoration work. Discussion followed in which City Attorney Graves explained the letters to which Van Zee referred had been written a year after the donation of the boat and were in regard to a subsequent donation. The conditions were attached to the subsequent donation and not on the donation of the K-6 boat to the city. MOTION: Council member Ross MOVED the city administration work with Dan Van Zee to draw up a resolution not to donate, but loan the boat to the Museum and Council Member Swarner SECONDED the motion. The floor was opened for public comments. Mya Renken, Kenai Convention & Visitors Bureau, 11471 Kenai Spur Highway -- Renken noted the following: • Stated concern for the precedent the city would be setting if a donation was re -directed. KENAI CITY COUNCIL MEETING JUNE 152 2005 PAGE 7 • The KCVB is an established museum, which allows them to have access to resources. • It takes some time for an incorporating process to be completed. • The vessel belongs to the city and is part of a historical collection. • To acquire funding for restoration, etc., funding sources require track records. • The K-6 boat staying at the Center would be a better marketing tool for the city than if it were kept at the Landing, i.e. people going to the Landing may not necessarily come over to the city proper. Council discussion continued during which Swarner noted she disagreed the boat would be a better marketing tool if kept at the Center; she believed the boat was donated to the city with the stipulation it be maintained; and, she would support the boat being moved to the Landing. Ross explained, his motion was to prepare a resolution in order for a public hearing to be held. Council Member Butler stated he would not support the motion because he believed the city should do its part in maintaining the boat; he was concerned under what circumstances the city would loan assets to attract commerce; and, he believed the Center should have the first opportunity to restore and maintain the boat. Gilman stated he would not support the ordinance as he believed the Center, by going through grants, could restore the vessel better and he believed, through the information provided by Graves, the boat was gifted to the city without conditions. VOTE: Ross Yes Gilman No Butler No Porter No Moore Absent Swarner Yes Massie No MOTION FAILED. BREAK TAKEN: 8:01 P.M. BACK TO ORDER: 8:11 P.M. ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING DUNE 15, 2005 PAGE 8 Council Member Swarner MOVED to pay the bills and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED, I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Swarner MOVED for approval of the purchase orders exceeding $2,500 and the I-2 Substitute for the FY 2006 list and requested UNANIMOUS CONSENT. Council Member Butler SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. Introduced by consent agenda. I-4. Ordinance No. 2106-2005 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. Introduced by consent agenda. I-5. Discussion -- Draft Resolution/Intent for Donation of Property to Senior Connection/Proposed Assisted Living Facility. A brief discussion took place during which a request was made to include a performance date included in the resolution and that if performance does not take place by the date indicated, the property would revert back to the city. Massie asked if the council would have the opportunity to review/comment on the design plans. James McConnell, 19501 Wingham Circle, Eagle River -- McConnell noted, in a 2003 study of the area, an assisted living facility was the primary concentration; the study indicated at least ten units were needed and by 2008, 28 units would be needed; the Senior Connection received a predevelopment grant from which they were working, plus an added amount donated from the Connection; the land donation would be part of a match; he recommended there be a time limit included in the resolution and it also note the property could only be used for a senior housing project; indicated they received six sets of preliminary plans during the architect proposal request process; they will keep the city fully informed of their progress; and, they will work with administration on the wording of the resolution. KENAI CITY COUNCIL MEETING DUNE 15, 2005 PAGE 9 I-6, Discussion -- PERS Rehired Retiree Program Continuation. Acting City Manager Semmens referred to his memorandum (included in the packet) which presented an overview of actions taken by the Legislature on HB 161 related to the PERS Rehired Retiree Program. In his memorandum, Semmens noted, it was his recommendation the city continue with the program for several reasons: (1) the city relied on information provided by PERS that once in the program, the person would continue in the program until they quit work for the City (or live years in some cases); (2) even though health insurance would have to be paid for the employees, it would still be less expensive than if the same employees return to work as active PERS members; (3) the program is only slated to run for another 11/� years so any negative impacts of the program will be of short duration; and, (4) all of the affected people are supervisors with long tenure with the city and concern should be given to how the elimination of the program would affect them. Semmens also explained, PERS had requested an Attorney General opinion to answer the city's question of who has the option to choose to continue under the new program, i.e. the rehired employee or the employer. Semmens reviewed council's options as: (1) If they wish to continue with the program, the decision should be made at the June 15, 2005 meeting; and, (2) If they do not wish to continue the program, they should await until the Attorney General's opinion is available to be certain the option to terminate the program is available. Discussion followed in which the consensus of council was to await the Attorney General opinion, as their taking no action would not change the city's present status, having no adverse effect. I-7. Discussion -- Dock Boat Exit Road/Land Trade with Conservation Find. Public Works Manager Kornelis reviewed the information included in the packet which gave a brief history of the project and based on previous council direction, the steps taken to date related to a possible land trade between the City and the Conservation Fund: • Appraisals completed. • The City trade a 93.13 acre parcel of wetlands appraised at $90,000. • Conservation Find willing to trade 6.42 acres of upland property in the boat launch area appraised at $80,000 plus $10,000 in cash to equalize the value of the potential land trade. The memorandum asked council "...to review the information and determine whether it wishes to proceed with the land trade as described in order to obtain the property required for the boat launch exit road and additional parking." �KENAI CITY COUNCIL MEETING DUNE 15, 2005 PAGE 10 Kornelis explained, in addition to the land trade for the exit road, the Conservation Fund is also interested in purchasing additional parcels for their appraised values of $557,000. He noted, the Fund's offer to purchase would be open until August, 2005. Discussion followed in which Kornelis was asked if the city would have any use for the wetlands. Kornelis stated, because the wetlands cannot be filled in or built on without a Corps of Engineers permit and most of the properties cannot be accessed without a boat, he personally did not think there would be much use for the properties, excepting Parcel 3. Ross suggested there could be value in holding onto the properties for using for a trade for another project. Consensus of council was for the issue to be forwarded to the Planning & Zoning and Harbor Commissions for recommendation. It was also requested the property owners along Angler Drive be notified of the discussion to take place at the meetings related to the possible trade. I-81 Discussion -- Advertising/ Purchase -- Alaska: North to the Future, Volume III. Porter referred to information included in the packet, noting the 'Alaska: North to the Future, Volume III" is a book produced every three years and is distributed to promote business and culture locally, nationally and internationally. No action was taken by council. ITEM J: COMMISSION / COMMITTEE REPORTS J-11 Council on Aging -- Gilman noted, the meeting summary was included in the packet. J-2. Airport Commission -- Swarner noted the Airport Commission held another work session on the supplementary plan on June 13 and the next work session was scheduled for July 26. J-3, Harbor Commission -- Massie reported there was no quorum. J-4. Library Commission -- Gilman reported the meeting summary was included in the packet. Porter noted the agendas for the Harbor and Library Commissions had no old or new business listed. She suggested the department heads request the meetings be cancelled if there is no business. Council comments were in agreement. �5 KENAI CITY COUNCIL MEETING JUNE 15, 2005 PAGE 11 J-5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported the meeting summary was included in the packet. He noted, the Kenai Lions Club also donated an additional $1,600 toward the purchase of a gazebo fund for placement at the cemetery. He also noted, the Commission was briefed on the ConocoPhillips offer related to naming the multipurpose facility and would be discussing the issue as an agenda item at their July 5 meeting (moved from Thursday, July 7). J-6. Planning & Zoning Commission -- No report. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Massie reported he attended the meeting and it was very interesting. J-7b. Alaska Municipal League Report -- Swarner noted, the summer AML Board of Directors and Alaska Conference of Mayors meeting will be held in Skagway. The Policy Statement would be reviewed at that time. J-7c. Arctic Winter Games -- Frates reported on improvements which had begun at the multipurpose facility, i.e. warming shacks and bleachers. J-7d. Stranded Gas Committee -- Ross reported a meeting was scheduled to be held on June 26 in Anchorage. He also noted, an Agrium meeting was scheduled for Monday, June 20. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She participated in the Brain Awareness walk. • Commended the Kenai Police Department on their year-end report included in the June 1 council packet. • She is moving forward with the town clock project and will bring a plan back for council review. She noted, ConocoPhillips offered to build a clock at no cost to the city. • She attended the Kenai River Festival and thought it well attended. • She attended the retirement luncheon for Scott Walden. • Noting the draft list of topics for a future strategic planning session, she requested other topics to be forwarded to the City Clerk. • Noting the City Manager's memorandum included in the packet related to the proposed rezoning of Lawton Acres, she asked if council wanted to take any action. Answer: No. ITEM L: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING JUNE 152 2005 PAGE 12 L-1, City Manager -- Semmens noted, the department reports were included in the packet. L-2. Attorney -- Attorney Graves reported he was working on proposed code amendments to Titles 21 and 22 of the city code related to issues discussed during the Airport supplemental planning work sessions. L-3. City Clerk -- No report. ITEM M: DISCUSSION M-11 Citizens -- James McConnell, 19501 Wingham Circle, Eagle River -- Referring to the process for receiving funding for an assisted living facility, McConnell noted, the most important part of the preliminary design phase is the site development. He added, when the master site plan is completed it will come to council for review and approval. M-2. Council Swarner -- Reported she traveled to Washington, DC for her work, but while there discussed the city's bluff erosion project with the Alaska delegation. Massie -- No comments. Ross -- No comments Gilman -- Gilman noted the following: • Reported he received a comment from a citizen who complained he was unable to access the Light Commercial Zone in the zoning code from the city's web page. He requested administration look into the concern. • He will not be in attendance at the July 6, 2005 council meeting or the July 5 Library Commission meeting. Council Member Swarner reported she would attend the Library Commission meeting. • He will be unable to attend the Council on Aging meeting scheduled for July 7. Council Member Massie stated he would attend for him. Butler -- No comments. EXECUTIVE SESSION - None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 8:58 p.m. Min tes trans ibed repared by: Carol L. Freas, City Clerk APAR4VC.1) 13Y COUIdCt! lv pU— CLERfC