HomeMy WebLinkAbout2004-04-07 Council Minutes� AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 7, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt www.ci.ken.ai.ak.us
Council/Harbor Commission Work Session/5:30 p.m.,
Council Chambers
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)
1. Council Member Bookey/2004 Arctic Winter Games Presentation
ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM D: PUBLIC HEARINGS
ITEM E: COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks 8s Recreation Commission
6. Planning 8s Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention 8. Visitors Bureau Board
C. Alaska Municipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Games
ITEM F: MINUTES
1. *Regular Meeting of March 17, 2004.
ITEM G:
CORRESPONDENCE
ITEM H:
OLD BUSINESS
ITEM I:
NEW BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Purchase Orders Exceeding $2,500
3.
*Ordinance No. 2037-2004 -- Amending KMC 23.40.080 to Provide for a
Five Year Maximum Period of Reemployment for Those Persons
Participating in the PERS Opt -Out and Reemployment Provisions of AS
39.35.150(b).
4.
Discussion -- Kenai Peninsula Hockey Association Donation/Midget U-
16 Team
5.
Discussion -- Budget Work Session Date Possible Rescheduling
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
EXECUTIVE SESSION - None Scheduled
ITEM M: ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 7, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt wvwcr. ci . kenai . ak. u s
MINIJTRS
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:10 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. ROLL CALL
Roll was taken by the City Clerk. Present were:
Joe Moore
Pat Porter
Blaine Gilman
Rick Ross
Mayor John J. Williams
James C. Bookey, III
Linda Swarner
A-3, AGENDA APPROVAL
MOTION:
Council Member Bookey MOVED to approve the agenda as presented and Council
Member Moore SECONDED the motion. There were no objections. SO ORDERED,
A-4, CONSENT AGENDA
MOTION:
Council Member Bookey MOVED to approve the consent agenda as presented and
Council Member Moore SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS
B-1. Council Member Bookey/2004 Arctic Winter Games Presentation
Council Member Bookey, with Arctic Winter Games General Manager Loren Smith and
Kenai Chamber Executive Assistant Kathy Moore gave a presentation based on their
recent experience in attending the 2004 Arctic Winter Games in Wood Buffalo, Alberta,
Canada.
KENAI CITY COUNCIL MEETING
APRIL 7, 2004
PAGE 2
ITEM C: REPORTS OF KPB ASSEMBLY9 LEGISLATORS AND COUNCILS
-- No report
ITEM D: PUBLIC HEARINGS -- None.
ITEM E: COMMISSION / COMMITTEE REPORTS
E-1. Council on Aging -- No report. Applications submitted to be considered
for placement on the committee were reviewed and the application of Dan English was
recommended by Mayor Williams for appointment. There were no objections from
council. Clerk Freas was requested to forward a letter of appointment.
E-2. Airport Commission -- Council Member Moore reported the Commission
would meet again on April 8, 2004.
E-3. Harbor Commission -- Council Member Bookey noted a work session
was held with the Harbor Commission and council prior to this council meeting. He
stated it was refreshing to have the council be asked for support and not financial
l support for a project.
1
E-4. Library Commission -- Council Member Gilman reported a meeting was
held April and the Commission discussed a bill before the state legislature relating
to libraries and privacy for minors; modified their goals and objectives by including the
desire to work cooperatively with the Alaska Court System to help finance an addition
to the city library and house the legal texts; meeting on a monthly basis; and generally
discussed a library expansion.
E-5. Parks & Recreation Commission -- No report.
E-6. Planning & Zoning Commission -- Council Member Ross reported the
minutes of the February 24 meeting were included in the packet.
E-7. Miscellaneous Commissions and Committees
E-7a. Beautification Committee -- Council Member Swarner reported the
next meeting was scheduled for April 13 and noted she would not be in attendance.
Council Member Porter stated she would attend for Swarner.
E-7b. Kenai Convention & Visitors Bureau Board -- Council Member Porter
reported the minutes of the last meeting were in the packet. She also reported she
discussed their budget with the new executive director, and the Board would like a
joint work session with council to discuss the direction council wants them to take,
their lease and contract. Freas was requested to place the issue on the May 5 agenda.
KENAI CITY COUNCIL MEETING
APRIL 7, 2004
PAGE 3
E-7c. Alaska Municipal League Report -- Swarner reported she would be
attending the AML spring meetings in Juneau April 13-15. Williams stated he would
also be attending and will attend additional meetings with Council Member Gilman,
who would be in Juneau on private concerns.
E-7d. Kenai Chamber of Commerce -- Kathy Moore, Chamber Executive
Assistant noted a bowling fund raiser was scheduled for April 24; the Officer Watson
memorial fund was progressing well; and the next board meeting was scheduled for
April 8.
E-7e. Arctic Winter Games -- Moore reported the next meeting was scheduled
for April 8. He requested Council Member Bookey be appointed as an additional city
alternate. Council had no objections.
ITEM F:
F-1.
ITEM G:
ITEM H:
ITEM I:
MINUTES
Regular Meeting of March 17, 2004 -- Approved by consent agenda.
CORRESPONDENCE -- None.
OLD BUSINESS -- None.
NEW BUSINESS
I-1. Bills to be Paid, Bills to be Ratified
MOTION:
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. 2037-2004 -- Amending KMC 23.40.080 to Provide for a
Five Year Maximum Period of Reemployment for Those Persons
Participating in the PERS Opt -Out and Reemployment Provisions of AS
39.35.150(b).
KENAI CITY COUNCIL MEETING
APRIL 7, 2004
PAGE 4
Introduced by consent agenda.
I-4. Discussion -- Kenai Peninsula Hockey Association Donation/Midget U-
16 Team
Williams explained he bid on lessons for operating a Zamboni at the KPHA fundraiser
for the Midget U-16 Team who would be traveling to Florida to play in a national
tournament. To his surprise, he won the bid at $650 and asked if council was willing
to pay the amount so that city employees would receive the training.
Bookey stated he felt the purchase of the lessons would be a direct benefit to the city
and because none of the city employees could run the machine, he felt the donation
was fitting.
MOTION:
Council Member Bookey MOVED to give a donation of $650 to the Kenai Peninsula
Hockey Association for the purchase of Zamboni lessons. Council Member Porter
� SECONDED the motion.
Council Member Gilman stated he objected to the donation, but offered to personally
pay half of the cost. He noted, he did not feel it was appropriate for council to support
one sports group over another and that it was a bad precedent. Council Member
Moore disqualified himself from the issue as he felt he had a conflict of interest due to
his son being a member of the team.
Mayor Williams stated he would make the donation personally and the motion was not
voted.
I-5, Discussion -- Budget Work Session Date Possible Rescheduling
Due to some scheduling conflicts, Mayor Williams requested the April 15 work session
be rescheduled. The work session schedule was amended to be:
April 12, 2004, 6 p.m., Council Chambers -- Gilman will be absent.
April 15, 2004 -- Cancelled
April 19, 2004, 6 p.m., Council Chambers -- Williams will be absent.
April 27, 2004, 6 p.m., Council Chambers
Council had no objections.
ITEM J: REPORT OF THE MAYOR
KENAI CITY COUNCIL MEETING
APRIL 7 2004
PAGE 5
Williams reported he was asked to attend a dinner at which Richard Warrington would
be presented with a commendation for his work with the Brain Injury Prevention
group.
ITEM K: ADMINISTRATION REPORTS
K-1. City Manager -- City Manager Snow reported the following:
• The old FAA antenna property (last property to be included in the
Millennium Square) was transferred to the real estate division for their review which
should take approximately three to four weeks and could include requesting additional
work from the contractor. However, she expects after three or four weeks, the status
should be known and felt the property should be deeded to the city during the
summer.
• She will include her analysis of what kind of administrative and field
work would be involved if the council decided it wanted to enact and to authorize the
administration to enforce Kenai Peninsula Borough Code 21.18 relating to
Anadromous Streams Habitat Protection. She noted, she was very close to finishing
the work and it was intended to schedule the matter for discussion by the Planning 8v
Zoning and Harbor Commissions at their next meetings. She will also forward a copy
to council members to have it at the same time the commissions receive it.
• She and Director Frates discussed the possibility of flea markets being
held at the multipurpose facility during the summer as suggested by the Parks &
Recreation Commission. Frates is preparing bid specifications and notice to advertise
a Request for Proposals and they are hoping someone or group from the community
will be interested taking on the lease of space. A brief discussion followed of whether
the sale of guns would be included and it was stated that issue was being researched
and discussed. It was also reported a year-end use report for the ice facility will be
forwarded to council in the near future.
Finance Director Semmens reported the following items:
• He and Airport Manager Cronkhite attended the Borough Assembly
meeting of April 6 and gave testimony in support of their flat tax for aircraft. He noted
his pride of Cronkhite's eloquent testimony of the vision of aviation in Alaska and
Kenai. Semmens stated the ordinance was passed by the Assembly and the next step
would be for the council to consider whether to amend the City's code to mirror the
borough ordinance.
• He has twice spoken in teleconferences relating to HB91, adding five
years of medical benefits for police and fire. Since then, a more reasonable fiscal note
came out and instead of costing .97% of police and fire payroll, it will now cost at lease
3.11 % (tripled). Semmens explained, instead of costing $1.7 million a year for the
benefit, it would be $5.5 million in the first year. The bill has been amended to require
the State of Alaska to pay all of the costs associated with HB91. He noted his doubts
j of how the costs would be allocated. He also reported letters from PERS and TERS
'4 KENAI CITY COUNCIL MEETING
APRIL 7, 2004
PAGE 6
were sent to the Legislature requesting no further changes to their systems be made
by the Legislature.
Semmens stated his concern was if there is support of the bill in Labor and Commerce
or Senate Finance, the requirement of the State to pay the costs would be removed or
in the future, the State will decide it cannot afford to pay the municipalities' share and
the costs will be borne by the municipalities. For Kenai, he estimated the cost to be
$86,000 a year.
A lengthy discussion followed on the bill and the PERS retirement program. Ross
stated he would like to pursue a compromise of HB91 which would allow retirement at
the age of 50 with a minimum of 20 years work for police and fire. Williams requested
Semmens prepare a synopsis of his testimony for him to take to Juneau to distribute
to the members of the Senate.
K-2. Attorney -- No report.
K-3. City Clerk -- Clerk Freas noted council had requested a letter be sent to
those persons who, over the last six months, stated their interest in forming special
assessment districts for street improvements in their subdivisions. She referred to a
draft letter included in the packet which she prepared and asked if council wanted the
letter to be forwarded. Consensus of council was to send the letter.
ITEM L: DISCUSSION
L-1. Citizens
John "Ozzie" Osborne -- Stated he filed to run for the position of State Representative
in House District 33. He reported it was his intention to attend both the Kenai and
Soldotna council meetings to keep up-to-date with issues and concerns.
L-2. Council
Bookey -- No comments.
Swarner -- No comments.
Moore -- • Thanked the public and Mayor Williams for their contributions to
the KPHA U-16 team.
• Asked about a junk vehicle sitting on the Burger King property. Attorney
Graves reported he was trying to find the owner of the vehicle; letters have been sent
to the owner of the property; by city code, because the vehicle is sitting on private
} property, the city cannot remove the vehicle without serving a search warrant; and the
KENAI CITY COUNCIL MEETING
APRIL 7, 2004
PAGE 7
code could be amended to allow removal from private property without a search
warrant.
Porter -- • Recommended a new policy from council relating to renewal of
terms on boards, committees and commissions, i.e. the person, if interested in serving
an additional term, would be required to complete a new application and that
application be considered along with any others that may have been submitted. She
will discuss the issue with the City Clerk.
• Reported she had received concerns council had determined the Dust
Bowl property not available for sale at their last meeting (she was absent) without the
proposed purchaser being present. The purchaser discussed his concerns with her
that he was not given the opportunity to follow the procedure through though she felt
he understood why council did not want to sell the property. Administration was
asked to contact the purchaser and ask if he wanted to be placed on the April 21
agenda to discuss the issue further with council.
Swarner -- Stated, because she would be meeting with the purchaser, she
would ask whether he would want to discuss the Dust Bowl property further. She
also noted, the purchaser was also interested in property along Lawton Drive which is
currently zoned conservation and is interested in knowing the procedures for
rezoning property from conservation.
Gilman -- Reported he would not be at the April 12 budget hearing or the April
21 council meeting.
Ross -- Reported the Stranded Gas Committee participation will go into October
to review an additional application.
EXECUTIVE SESSION - None Scheduled
ITEM M: ADJOURNMENT
The meeting adjourned at approximately 9:24 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk