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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 % eA;;; /-� ril r9V, pr4 N 1