HomeMy WebLinkAbout2004-02-04 Council Minutes1
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 4, 2004
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: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM D: PUBLIC HEARINGS
1. Ordinance No. 2033-2004 -- Increasing Estimated Revenues and
Appropriations by $45,000 and Making a Transfer of $5,000 in the
General Find for A FEMA Fire Act Grant From the U.S. Fire
Administration (USFA) for Mobile Repeaters for City Emergency Vehicles.
2. Resolution No. 2004-08 -- Supporting the Passage of Senate Bill 247 to
Amend the Natural Gas Development Authority Act of 2002.
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 & 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
e . Arctic Winter Games
' ITEM F:
MINUTES
1.
*Regular Meeting of January 21, 2004.
ITEM G:
CORRESPONDENCE
ITEM H:
OLD BUSINESS
1.
Discussion -- Dip Net Fishery Report
ITEM I:
NEW BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Purchase Orders Exceeding $2,500
3.
*Ordinance No. 2034-2004 -- Increasing Estimated Revenues and
Appropriations by $8,200 in the Airport Terminal Enterprise Fund for
Engineering and Design Services to Expand the Passenger Holding Area.
4.
Discussion -- Schedule Budget Work Sessions
5.
Discussion -- Schedule Board of Adjustment Hearing/Appeal of Tracy W.
Jones.
ITEM J:
REPORT OF THE MAYOR
ITEM K:
ADMINISTR.ATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled
ITEM M: ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 4, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.kenai.ak.us
MAYOR JOHN J. WILLIAMS, PRESIDING
MINUTES
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:02 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.
RnT.T, ['_AT.T.
Roll was taken by the City Clerk. Present were:
John Williams, Mayor
Linda Swarner
Pat Porter
Rick Ross
A-3.
AGENDA APPROVAL
Jim Bookey, Vice Mayor
Joe Moore
Blaine Gilman
Mayor Williams requested the following changes to the agenda:
ADD TO: J-1, Report of the Mayor -- Letters to:
• Senator Ted Stevens regarding change of Housing & Urban
Development's designation of the Kenai Peninsula from Difficult to Develop Area.
• Senator Ted Stevens supporting annual funding for the Cook Inlet
RCAC.
MOTION:
Council Member Bookey MOVED for approval of the agenda as amended and Council
Member Swarner SECONDED the motion. There were no objections. SO ORDERED.
A-4, CONSENT AGENDA
MOTION:
Council Member Bookey MOVED for approval of the consent agenda as presented and
Council Member Swarner SECONDED the motion. There were no objections. SO
' ORDERED.
l KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 2
ITEM B: SCHEDULED PUBLIC COMMENTS -- None.
ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
Mayor Williams presented the AML Award of Excellence to Police Chief Kopp and
Acting Fire Chief Tilly for their departments' child care seat program.
ITEM D: PUBLIC HEARINGS
D-1. Ordinance No. 2033-2004 -- Increasing Estimated Revenues and
Appropriations by $45,000 and Making a Transfer of $5,000 in the
General Fund for A FEMA Fire Act Grant From the U.S. Fire
Administration (USFA) for Mobile Repeaters for City Emergency Vehicles.
MOTION:
Council Member Porter MOVED to adopt Ordinance No. 2033-2004 and Council
} Member Moore SECONDED the motion.
There were no public comments. Police Chief Kopp explained the mobile radios have
an approximate ten-year life of service, they allow the vehicle to act as a repeater
which strengthens signals for that vehicle as well as others, the units will be a strong
safety measure, and there will be no maintenance cost.
VOTE:
Williams
Yes
Bookey
Yes
Swarner
Yes
Moore
Yes
Porter
Yes
Gilman
Yes
Ross
Yes
MOTION PASSED UNANIMOUSLY.
D-2, Resolution No. 2004-08 -- Supporting the Passage of Senate Bill 247 to
Amend the Natural Gas Development Authority Act of 2002.
MOTION:
Council Member Bookey MOVED for approval of Resolution No. 2004-08 and Council
Member Porter SECONDED the motion. Council Member Swarner requested
UNANIMOUS CONSENT.
There were no public or council comments.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 3
VOTE:
There were no objections. SO ORDERED,
ITEM E: COMMISSION / COMMITTEE REPORTS
E-1. Council on Aging -- Council Member Swarner reported a work session
would be held on February 5, 2004 at 10:00 a.m. to review and discuss goals and
objectives.
E-2. Airport Commission -- Operations Supervisor Hicks reported the
Transportation Safety Administration program was now active at the airport and their
new employees were being trained. Modifications to accommodate the screening area
are in progress.
Council Member Moore asked if the meeting proposed by Assembly Members Moss
and Chay had been scheduled. Administration noted no information relating to the
meeting had been forwarded. Moore requested he receive any information
1 forthcoming.
E-3. Harbor Commission -- No report.
E-4. Library Commission -- Council Member Gilman reported a meeting was
held February 3 and the election of officers was held. He noted Emily DeForest was
re-elected Chair and Kathy Heus as Vice -Chair. He also reported the Commission
discussed storage needs for the book sale books; request to discuss goals and
objectives during their next meeting; desire to have meetings changed back to the
monthly schedule and held at the library instead of the council chambers; and
returning the Sunday hours to the library schedule.
E-5. Parks & Recreation Commission -- Council Member Ross reported a
special meeting was scheduled for February 5, 2004 at 7:00 p.m. The Commission is
to address possible changes to the multipurpose facility to accommodate the Arctic
Winter Games.
E-6. Planning & Zoning Commission -- Council Member Bookey reported
minutes from the January 14 and 28 meetings were included in the packet.
E-7. Miscellaneous Commissions and Committees
E-7a. Beautification Committee -- Council Member Swarner reported a
meeting was scheduled for February 10, 2004 at 7:00 p.m. in the council chambers.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 4
E-7b, Kenai Convention 8a Visitors Bureau Board -- Council Member Porter
reported the Board was busy planning the next art show and were also working
toward receiving a 501(3)(c) exemption status.
E-7c. Alaska Municipal League Report -- Mayor Williams reported he
attended the recent Alaska Conference of Mayors meeting in Juneau. He noted, the
Mayors took an unprecedented vote of no confidence with the Legislature due to their
disappointment the Legislature had not moved toward resolving the long-range budget
concerns.
E-7d. Kenai Chamber of Commerce -- Chamber President Tim Navarre noted
the following:
• Job Shadow Day was scheduled for February 11 and they expected 150
eleventh grade students to participate.
0 The second meeting of the economic development group would be held on
February 9. Williams suggested members of the council attend the meetings and
Council Member Porter requested the council be included on the mailing list of
meeting notices, etc. Navarre added, the group set a regular meeting schedule of every
l other Monday.
I
E-7e. Arctic Winter Games -- Council Member Moore reported the next
meeting was scheduled for February 18 and Council Member Bookey would be
attending.
ITEM F: MINUTES
F-1, Regular Meeting of January 21, 2004.
Approved by consent agenda.
ITEM G:
ITEM H:
CORRESPONDENCE -- None.
OLD BUSINESS
H-1. Discussion -- Dip Net Fishery Report
City Manager Snow reported the Harbor Commission reviewed the dip net report
(included in the council packet) and made essentially the same recommendations
included in the dip net report, i.e. north side toilet, fire zone, camping fees, parking
fees, addition of fee stations, etc. She noted, since all the recommendations are
budgetary items, they are included in the Parks budget for next fiscal year. It is
intended to have the fee station shacks built in house and administration will have
future discussions as to what recommendations could be implemented and paid from
� the current year's budget.
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 5
A brief discussion followed in which suggestions were made to build the shacks out of
this year's budget. A question of whether alcohol use will be a problem and Chief
Kopp noted, this had not been a problem in years past.
MOTION:
Council Member Swarner MOVED to direct administration to proceed with acquiring a
building for the north and south sides to collect revenue for the 2004 dip net fishery
season and accept administration's recommendations for the camping fee schedules.
Council Member Porter SECONDED the motion.
Council Member Ross asked if the sense of the motion was to have administration
bring cost estimates and a plan forward for council review and Swarner stated yes.
Other comments expressed were:
• Some of the items would not be implemented for the upcoming season.
0 Having a fixed concrete toilet facility is a very good idea, however it may
not alleviate the need for the amount of public at the beach. It was suggested there
may still be a need for port -a -potties on the beach in addition to the fixed toilet facility.
Y
This will be a fiscal concern.
• The Kenaitze Indian Tribe has been contacted about their working in
partnership with the city and using their property as an entrance onto the beach and
a site for the fee shack. At this time, no decision had been made by the Tribe.
• Continued protection of the dunes. Parks 8v Recreation Director Frates
noted the current walkways will be raised to continue protection.
• The fee shacks should be built this year and while looking official,
protect the staff from the weather.
• Fee shacks should be built to allow removal from the beach and stored at
the city yard after the fishery is over.
VOTE:
There were no objections. SO ORDERED.
Snow stated she would have cost estimates, etc. available for council for their next
meeting.
ITEM I:
NEW BUSINESS
I-1. Bills to be Paid, Bills to be Ratified
MOTION:
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 6
Council Member Bookey MOVED to pay the bills and Council Member Swarner
SECONDED the motion. There were no objections. SO ORDERED.
I-2. Purchase Orders Exceeding $2,500
MOTION:
Council Member Bookey MOVED to approve the purchase orders exceeding $2,500
and Council Member Swarner SECONDED the motion. There were no objections. SO
ORDERED.
I-3. Ordinance No. 2034-2004 -- Increasing Estimated Revenues and
Appropriations by $8,200 in the Airport Terminal Enterprise Fund for
Engineering and Design Services to Expand the Passenger Holding Area.
Introduced by consent agenda.
I-4. Discussion -- Schedule Budget Work Sessions
Council scheduled budget work sessions for April 12, 15 and 19, 2004.
Administration was requested to furnish draft budgets to council as soon as possible
after March 27 for their review.
Discussion -- Schedule Board of Adjustment Hearing/Appeal of Tracy W.
Jones.
Council reviewed the letter of appeal filed by Tracy W. Jones. Attorney Graves was
asked if a member of council could participate in the decision if absent from the actual
hearing. Graves stated, if the member listens to the tape and reads the record, the
member may participate in the finding. It was also noted, Mayor Williams would be
out of town and Vice Mayor Bookey will conduct the hearing.
The Board of Adjustment hearing was scheduled for 6:00 p.m., February 18, 2004,
immediately before the council meeting.
ITEM J: REPORT OF THE MAYOR -- Mayor Williams noted the following:
• Referred to a letter from the Department of Revenue regarding the
formation of a Municipal Advisory Group established under the Alaska Stranded Gas
Development Act included in the packet. City Manager Snow reported she listened in
to the first teleconference which mostly tended to housekeeping items. However, the
city would need to assign a representative to the Group, as well as an alternate.
Council Member Ross and Vice Mayor Bookey were appointed by council as the City's
representatives.
�KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 7
• Referred to a copy of KPB Ordinance 2004-03 authorizing the sale of
approximately 0.25 acres of land to Herman and Irene Fandel to resolve a long-
standing trespass on Borough land located within the City of Kenai. Council was
reminded a previous request was made in 2000 to trade the indicated property for
property in Nikiski. That effort failed.
It was noted, the 28,000 sq. ft. referred to in the Borough ordinance did not
encompass the entire amount of property the city sold to the Borough. Additionally, it
did not encompass the total amount of property on which the Fandel's have been
encroaching for approximately 30 years.
Concern was expressed the property, when sold and deeded to the Borough, may have
restricted the use to educational purposes. If that type of restriction was applied to
the whole piece of property originally sold to the Borough, it was suggested the city
should receive funds from this sale or the sale of any other portion of the original
property.
Attorney Graves was requested to research whether restrictions were included with the
sale and if restrictions were applied, could the city request and receive a portion of the
sale revenue. Graves noted he could have the information in the next council meeting
packet.
• Referred to his letter to Senator Stevens relating to the Housing & Urban
Development removal of the Kenai Peninsula Borough from their non -metropolitan
"Difficult to Develop Areas" designation. Williams noted, the change in the designation
would have detrimental effects to funding possibilities for rehabilitation loans for
apartment buildings, etc. as well as planned assisted living facilities on the Peninsula.
There were no objections from council to forward the letter to Senator Stevens.
• Referred to the letter of support written to Senator Stevens on behalf of
the Cook Inlet Regional Citizens Advisory Council and their request for annual
funding. Council had no objections to forward this letter.
• Stated his concern relating to the short time line to discuss upgrades to
the multipurpose facility for the Arctic Winter Games. It was noted the Parks &
Recreation Commission would be meeting in a special meeting on February 5 to
prioritize suggested options of upgrades to the facility. Williams urged a resolution be
brought forward for council's consideration at the March 3, 2004 meeting indicating
the upgrades chosen in order for him to take the information with him to Washington,
DC in March and present it to the congressional delegation.
Bookey stated he understood the Borough would be the leader for the lobbying
process. Williams stated through discussions with Borough officials he learned the
Borough cannot take the lead for the city's facility, though the Borough could support
the city's efforts for funding. The city must make the decision of what improvements,
j urged council members to attend the if any, will be made to the facility. Williams ur
� Y g
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 8
Parks & Recreation Commission. Attorney Graves indicated the Commission meeting
was not advertised as a joint meeting and council needed to be cognizant of Open
Meetings Act restrictions. Williams stated he would speak to the Commission as an
elected official and other members of council, if they wanted to speak, could do so as
members of the public.
• Reported he visited the Recreation Center and was very impressed with
the program. He added, interest was expressed to him for Sunday openings.
• Reported NASA has expressed interest in Challenger Center's offering
corporate training missions. He noted, the Kenai Center will be used as a pilot for
other centers as it is already offering corporate training missions.
• Offered some insight to the Permanent Fund POMV program after
discussions he had while in Juneau.
ITEM K: ADMINISTRATION REPORTS
K-1, City Manager -- City Manager Snow reported the following:
• She will attend an All -Hazard Mitigation Plan meeting at the Borough on
Friday. A State representative will discuss responsibilities of the municipalities and
borough.
• Fish & Wildlife were vacating their hangar at the airport and moving to
another facility. She noted the deed had been recorded during the day and the
property was now in the city's possession. Administration is in the process of
advertising the property for competitive lease proposals.
K-2. Attorney -- Attorney Graves reported he would be assisting in
employment training at the Senior Center.
K-3, City Clerk -- Reported she would be attending the Alaska Association of
Municipal Clerks Conference in Anchorage February 5-8.
ITEM L:
DISCUSSION
L-1. Citizens -- None
L-2. Council --
Bookey -- Noted Senator Murkowski would be visiting the Peninsula on
February 19 and would be meeting with a limited amount of representatives from
Soldotna, Kenai and the Borough in the Kenai Council Chambers.
Swarner -- • Concerned with the State's road maintenance through the city,
including the cleaning of sidewalks. Bookey stated, on a recent trip to Anchorage, he
found the snow berms moved back 40 feet from the roadway through Sterling. He
KENAI CITY COUNCIL MEETING
FEBRUARY 4, 2004
PAGE 9
added, Kenai and Soldotna were doing this work on their own and felt this was unfair.
Bookey noted, he believed the maintenance of business sectors of the communities
should take precedence.
• Swarner congratulated Mayor Williams for receiving the Kenai Chamber
of Commerce Community Service Award.
Moore -- Noted he was forwarded information relating to continued funding for
the Department of Fish & Game and management of Alaska's fishing industry. Moore
requested a resolution be brought forward for council consideration at their next
meeting. Council had no objections.
Porter -- • Thanked council for the flowers she received after her recent
surgery.
• Reported she requested Attorney Graves to draft an ordinance to require
term limits for commission and committee members. The ordinance will be introduced
at the February 18 meeting. There were no council comments.
• Suggested a room tax be discussed in the future.
• Asked if the Arctic Winter Games using the upstairs of the fire training
facility will be cumbersome for the communication work the Police and Fire
Departments is doing at the building. Police Chief Kopp noted, the grant work, etc.
can go forward.
Moore -- Noted the lease agreement between the Games and the city allows the
city to terminate the lease at its will. He agreed, the Games' use of the facility should
not hamper the communications work being put together for the facility.
Gilman -- No comments.
Ross -- No comments.
EXECUTIVE SESSION - None Scheduled
ITEM M:
ADJOURNMENT
The meeting adjourned at approximately 9:09 p.m.
Minutes transcribed and prepared by:
e 0� y C-,� Aeo�
Carol L. Freas, City Clerk
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