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HomeMy WebLinkAbout2003-03-19 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwc w.ci.kenai.ak.us COUNCIL STAFF/STAFF MEETING 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. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt -Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b) and/or Opt Out of Municipal Medical and Hospital Insurance. 2. Continuation of Public Hearing/ Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. 3. Resolution No. 2003-12 -- Amending the Flexible Benefits Plan. 4. Resolution No. 2003-13 -- Approving the Sale of Eight Lots in Inlet Woods Subdivision to Philip W. and Eileen Bryson (With a 7% Discount for Cash) for $107,880. 5. Resolution No. 2003-14 -- Transferring $3, 100 From Contingency to Communications in the Water and Sewer Special Revenue Fund. 6. Resolution No. 2003-15 -- Transferring $5,500 in the Beautification Department to Purchase Banners. 7. Resolution No. 2003-16 -- Increasing the Water and Sewer Rates. 8. Resolution No. 2003-17 -- Stating the Harmful Impacts of ASHA's Rural -Owner Occupied Loan Program on the City of Kenai and Urging a Change in that Program so the Entire Kenai Peninsula is Included in the Program by Changing the Definition of "Small Community." 9. Resolution No. 2003-18 -- Awarding the Bid to Airport Automation Corporation for an Airport ADA Lift Device for the Total Amount of $261768. 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 ITEM F: MINTITR,S 1. *Regular Meeting of March 5, 2003. 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. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. 4. *Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300 in the Senior Citizen Borough Grant Fund, and Transferring $12,800 From the Borough Fund to the Senior Citizens Title III Grant Fund to Purchase Food. 5. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. ITEM J: REPORT OF THE MAYOR 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 MARCH 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ,www.cl*.kenai.ak.us ITEM A: CALL TO ORDER Mayor Williams 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 Williams led those assembled in the Pledge of Allegiance. Immediately following, a moment of silence was held, being mindful of the condition of the world, the launch of the war against Iraq, and to remember the troops, their families and friends. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Moore and Jackman. Absent was: Porter A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: D-2, Continuation of Public Hearing/Resolution No. 2003-11 -- letters in regard to properties owned by the Kenai Peninsula Borough and Rodger & Barbara Schmidt. ADD TO: I-5, Ordinance No. 1998-2003 -- 3 / 18 / 03 letter from Alaskans for Tobacco - Free Kids requesting consideration of amendments. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: DELETE: Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300 in the Senior Citizen Borough Grant Fund, and Transferring $ 12,800 From the Borough Fund to the Senior Citizens Title III Grant Fund to Purchase Food. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 2 MOTION: Councilman Bookey MOVED to approve the consent agenda as amended. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assemblywoman Glick reported actions taken during the Borough Assembly meeting of March 11. She noted in particular, the following: • The Assembly set 10:00 a.m. on April 1 for a tour through the Emergency Operations Center at the Alaska Regional Fire Training Facility. Council also scheduled the date and determined lunch would be offered at the facility immediately after the tour. It was also determined letters of invitation be sent individually to the Borough Assembly members, as well as Borough Mayor Bagley, members of the LEPC, Borough Emergency Management Director, State Troopers, and media. ITEM D: PUBLIC HEARINGS D-1, Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt -Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b) and/or Opt Out of Municipal Medical and Hospital Insurance. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1995-2003 and Councilwoman Swarner SECONDED the motion. There were no public comments. Finance Director Semmens explained, including this amendment would allow the city and employees the option and can potentially allow the city to retain qualified people at a lower cost (the city wouldn't be paying PERS or insurance) if they opt out. He also noted, to be eligible, the employee would have to meet requirements and the option will be sunsetted in 2005. VOTE: Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Absent Jackman Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 3 D-2. Continuation of Public Hearing/Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. MOTION: Councilman Bookey MOVED to continue the public hearing on Resolution No. 2003- 11 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED, Susan Wilcox, 416 McCollum Drive, Kenai -- Questioned why the public hearing was continued and Williams explained, it was due to the lack of council members present at the last meeting. Pat Falkenberg, 399 McCollum, Kenai -- Stated her father's property (Red McCollum) had been paved by the state during the last road construction. She asked if it would need to be redone as all the curbs were already in. Public Works Manager Kornelis explained the engineering had not yet been done for this project and he would have to investigate if that paving is centered on the road; he hoped to keep the new center of the road in the same design as it is currently; and, this property was included in the assessment because the property was included on the petition. Falkenberg stated she agreed with the paving and would prefer the linear foot assessment. However, if the rest of the property owners would prefer the square foot assessment, she would be agreeable to it. Swarner noted, if a new road would have to be built to align, it would make the project more costly. She also stated she objected to repaving the McCollum property and reassessing that property. Kornelis explained, there may be some areas of the project where excavation will be needed. They will be digging test holes to find those areas. Eric Wilcox, 416 McCollum Drive -- Stated he felt it was in the best interest of the city to pave the road. He indicated he distributed the petition and included the McCollum property on it as the directions required it; the paving in front of the McCollum property is very nice and he didn't think it should be torn up; and, McCollum Drive was upgraded when water/ sewer lines were put in place. Wilcox added, he was in favor of the square footage assessment as it benefited him the best. JoAnn Buzzell, Aliak -- Stated she was in favor of the paving project on the linear footage assessment. Janine Espy, 403 McCollum Drive -- Stated she and her husband were very much in favor of the paving project. She noted, at the March 5 meeting, she stated they were in KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 4 favor of the linear foot assessment as it was best for them. However, they are in favor of the paving project regardless of which way the council decides. Teresa Werner-Quade, 409 McCollum/ 1001 Aliak, Kenai -- Werner-Quade noted letters were included in the packet from property owners who stated their preference for the square foot assessment: Schmidt; Quade; Holmes Whiteside; Ferrell; Kissee; Quade; Marquis; Hughes; Rapp; Wright; Wilcox. She also noted a letter she wrote and signed, referring to a conversation she had with Paul Ostrander, Land Management Officer of the Kenai Peninsula Borough who stated to her the Borough would go with the majority. Werner-Quade stated she calculated 14 parcel owners who wanted to be assessed according to the square footage calculation and added, Ostrander had allowed her to cite him and his title. She concluded the borough would agree with the square fot calculation and there was, with the Borough, a majority wanting the square foot calculation. She added, the Lions spoke at the previous council meeting in regard to their desires. Deborah Rapp -- Williams referred to an email included in the packet which stated Rapp was not in favor of any paving. Swarner noted a second letter was sent in which she stated her preference of the square footage assessment. Swarner also noted, twelve requests for square footage assessments were received and six requesting linear assessment, not including the Borough because no signed letter was received directly from the Borough. Kornelis reviewed the Code requirements for deciding the method of assessment; square foot unless council chooses to do differently. Moore stated he did not think it fair to include the Borough in those property owners preferring the square footage assessment -- 12 would not be a majority of the properties. A brief discussion followed in which the McCollum property was discussed and the fact the road was already paved in front of that property. It was also noted, taking that property out of the equation, because the road was already paved, would affect the assessments of the other properties. Swarner stated she was not comfortable in voting on the issue until more information was available to that regard. It was also noted, the current paving on McCollum also affected the Grace Brethren Church. Barbara Waters, 311 Kulila Place, Kenai. Spoke for the Kenai Grace Brethren Church and reiterated her comments from the March 5 meeting: The Church would accept the square footage calculation in the spirit of neighborliness, however they would prefer the linear foot calculation. Concern for the fairness to the property owners if the church and McCollum properties were removed from the assessment calculations were discussed. Attorney Graves noted, the same method of calculation has to be used throughout the district. KENAI CITY COUNCIL MEETING MARCH 19 2003 PAGE 5 Kornelis suggested the measurement go only 150 feet back which would calculate differently. It was also noted, the city would not gain or lose anything financially with either of the measurements, however the property owners would bear the cost. The council was intent on finding the best for all the property owners. Eric Wilcox -- Stated he believed the paving would be a great advantage to the city by increasing the value of the city. Kornelis also suggested measuring back 300 feet in all areas. Williams requested administration provide both the 150 foot and 300 foot scenarios and Swarner agreed and thanked the residents for attending. She also reminded the audience, it was not known if any funding would come from the Legislature which will be needed to do the project. She noted, it would not delay the project if the council takes a longer time to investigate the matter further. Williams added, the funding would not be addressed until July 1, after the state budget bill is signed. Graves noted, council could delete properties that would not benefit from the project. MOTION: Councilwoman Swarner MOVED to postpone Resolution No. 2003-11 until the April 2, 2003 council meeting and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, Janine Espy -- Asked when the property owners would see the costs and administration stated a packet of information would be forwarded to them by the end of the week as well as placing the information on the city's website. Williams restated, administration was to provide cost scenarios for both the 150 foot and 300 foot depths and eliminate the McCollum property and the church property from the list. D-3. Resolution No. 2003-12 -- Amending the Flexible Benefits Plan. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-12 and Councilman Moore SECONDED the motion. There were no public comments. Semmens explained, there will be $450 set-up fee through AFLAC to amend the plan. He also noted, there is a risk to the employee if he/she deposits money into the plan and then does not use it as the money reverts back to the city at the end of the year. There is also risk to the city if the employee is hired, puts money in, uses it, and resigns. Semmens added, this is a very common KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 6 plan and his motivation is to allow the employees to contribute to the insurance prior to takes. The employees will also be charged a $5 monthly fee. VOTE: There were no objections. SO ORDERED, D-4. Resolution No. 2003-13 -- Approving the Sale of Eight Lots in Inlet Woods Subdivision to Philip W. and Eileen Bryson (With a 7% Discount for Cash) for $107,880. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-13 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-5., Resolution No. 2003-14 -- Transferring $3, 100 From Contingency to Communications in the Water and Sewer Special Revenue Fund. MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-14 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, D-6. Resolution No. 2003-15 -- Transferring $5,500 in the Beautification Department to Purchase Banners. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-15 and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 7 There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-7. Resolution No. 2003-16 -- Increasing the Water and Sewer Rates. MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-16 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bookey stated he would not support the increase as indicated in the resolution. He stated, he believed the citizens of the community are expecting a mill rate increase and they should not have to have both a mill rate and water/ sewer rate increase. Councilman Moore suggested the increase be made, but as an alternative, increase the rate over time. He added, he felt families would be more vocal about a raise in the water/ sewer rate than a -mill rate increase. BREAK TAKEN: 8:29 P.M. BACK TO ORDER: 8:43 P.M. City Manager Snow reviewed the Water/ Sewer Find history and noted there were projects on the horizon needing to be built and funded. Finance Director Semmens handed out information regarding the funding/expenditures of the Water/Sewer Fund normally included in the budget document. He also explained, to make the budget realistic and sustaining for the Water/ Sewer Fund, the resolution was brought forward to authorize an increase in the rate. Semmens noted, without an increase, the Fund will have a $89,000 deficit. Because funds have been spent to match grants to improve the water/ sewer system, there is not enough money left to operate the Fund. He believes this is a risk and that it is very important to at least adjust the rate by some amount. Semmens explained, the increase of 30-35% was suggested by the consultant who prepared the recently received water/ sewer study and the rate was suggested while comparing the list of future projects needing to be built. Public Works Manager Kornelis noted the future projects (50/50 match) included the vactor truck replacement; storage tank upgrading; wastewater treatment plant expansion; arsenic treatment; development of Wellhouse No. 4. Semmens explained a KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 8 30-35% increase would create a $330,000 surplus and would it will take three years to replace the funds used for the development of Wellhouse No. 4. Semmens added, the consultant recommended the city borrow the money needed to do the future projects and also recommended the increases even without borrowing. To borrow the funds would require a vote of the people. Even if there were no capital projects on tap, the fund is unacceptably low. The study suggested doing the projects without borrowing would suggest a 90% increase. Williams noted the water/ sewer rate had not been increased since 1993. Bookey stated he was aware projects will need to be done, but many of those indicated are long term and the city is not able to take on debt at this time. He added, he expected a rate increase to be suggested by the study, but he would not support a 30-35% increase. A brief discussion followed and it was suggested a smaller increase be proposed. MOTION TO AMEND: Councilwoman Swarner MOVED to amend the second "whereas" and replace the 30- 35% to 10% each and also in the "now, therefore" paragraph. Councilman Moore SECONDED the motion. It was noted, this increase would be about $4. 10 and would generate less surplus. Williams suggested postponing action on the resolution and requested administration to generate a chart showing alternatives including 15-17% and ten percent increases and the amount of cash it would generate and bring it back for the April 2 council meeting. Swarner and Moore withdrew their motion. MOTION: Councilwoman Swarner MOVED to postpone action until the April 2, 2003 council meeting and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams requested moving I-5 to be heard after D-9. Council had no objections. D-8. Resolution No. 2003-17 -- Stating the Harmful Impacts of ASHA's Rural -Owner Occupied Loan Program on the City of Kenai and Urging a Change in that Program so the Entire Kenai Peninsula is Included in the Program by Changing the Definition of "Small Community." MOTION: KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 9 Councilman Moore MOVED for approval of Resolution No. 2003-17 and Councilwoman Jackman SECONDED the motion. There were no public comments. It was noted the resolution was prepared in response to discussions held during the joint work session with the Soldotna City Council. The Soldotna Council will consider a like resolution. VOTE: There were no objections. SO ORDERED. D-9. Resolution No. 2003-18 -- Awarding the Bid to Airport Automation Corporation for an Airport ADA Lift Device for the Total Amount of $26)768. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2003-18 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. MOTION: Councilwoman Swarner MOVED to introduce Ordinance No. 1998-2003 and Councilman Moore SECONDED the motion. Bill Osborn, 423 Rogers Road, Kenai - Read into the record the following letter submitted by Greg Daniels: 3/2/2003 To: Kenai City Council Mayor John Williams Dear Council: KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 10 I will not be in Alaska at either of the Kenai City Council meetings scheduled for March 19 and April 2, 2003, so please consider this a response to be read at either of the meetings where public input is appropriate. My name is Greg Daniels and I live at 426 Rogers Road, Kenai. In my testimony given before the Kenai Council on February 5, 2003, I referenced many instances where second-hand smoke is hazardous to public health and will not reiterate those again, except say that many people ehave needlessly died or have serious illnesses due to second-hand smoke. It is my hope that the Kenai City Council in its wisdom of protecting the public against public health hazards will adopt this ordinance that prevents the use of tobacco and tobacco related products in public restaurants. In reading this ordinance being considered, I am concerned about the wording of an "enclosed area" and the line that states: "The doors of an enclosed area should remain closed whenever possible." My definition of an enclosed area is one that is completely closed on all sides from floor to ceiling, a separate ventilation system and no doors leading to any smoking area, attached bar or any where smoking is occurring_ As I mentioned before, smoke knows to boundaries. Perhaps, I have read these definitions of the ordinance incorrectly, and if so, I apologize. Your passage of this ordinance for the health, safety, and welfare of your community, the people of the State of Alaska, and the tourists from all over the world, will reflect Kenai's positive attitude towards protecting all of us. Thank you. Greg Daniels Osborn referred to his concerns stated previously about the bowling alley and the children using the facility are subjected to smoking in the facility and read the definitions of "enclosed areas" from the Anchorage no -smoking ordinance. Swarner suggested the owner of the bowling alley be requested to make the facility no -smoking. Osborn stated he had not, and added, he felt it was something the council should address for all the people of Kenai. Roger Meeks - Stated he agreed with the ordinance, and felt the bowling alley concern should be addressed. He particularly agreed with the restaurant no -smoking ban. He noted, older people often have breathing problems and public places where people eat shoud not have smoking. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 11 Williams noted the suggested amendments in the letter received from Alaskans for Tobacco Free Kids included in the packet and asked if council wanted to consider those suggested amendments. Asked if the snack bar in the bowling alley would be considered an eating establishment, City Attorney Graves answered yes, and added, most of the problems were in eating establishments with bars. This is not. He added, smoking could be allowed in the bowling alley and the ordinance, as it is worded, would not be able to make any changes to it. Graves suggested he prepare a substitute ordinance to include other comments received, and have both the ordinances come up for public hearing at the same time. The substitute ordinance would be more restrictive. Jackman stated her concern council should not pick and choose what establishments should be included in the ordinance and that she would not support an ordinance targeting certain businesses. She also noted, any ordinance would impact businesses and revenue. Betty Osborn, 423 Rogers Road -- Agreed an ordinance should not pick on one type of business and urged council to protect the people who don't smoke and do it right. Williams suggested an ordinance to state no smoking in any public building or gathering place for any circumstance, except if a private club. Concern was stated, people have a constitutional right to smoke and tobacco is not an illegal substance. Council requested a broad -based ordinance be prepared for introduction; do not include amendments suggested in the letter received from the Alaskans for Tobacco - Free Kids. Graves stated he would like to postpone the current public hearing to another date in order to draft the second ordinance and distribute it to bars, restaurants, etc. prior to its introduction. Council directed the second ordinance be introduced on the consent agenda of the April 2 meeting and both ordinance be brought forward for public hearing at the April 16, 2003 council meeting. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging Swarner reported, there was no quorum and a brief work session was held instead. Notes were included in the packet. E-2. Airport Commission - Jackman reported no quorum was present, however a brief work session was held at which time the Commission present reviewed proposed parking lot changes. E-3. Harbor Commission - Bookey noted, the meeting had been cancelled KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 12 E-4. Library Commission - Moore reported the minutes of the meeting were included in the packet. The next meeting will be held on April 1. E-5. Parks & Recreation Commission - Councilman Moore reported he attended the meeting for Councilwoman Porter. The minutes of the meeting were included in the packet. He noted, the Commission approved an adopt -a -bench program and discussed the possible assumption of the recreation program by the Boys & Girls Club. He noted, the Commission are looking forward to reviewing the proposal before making a recommendation. E-6. Planning & Zoning Commission - Bookey reported the meeting was brief and the minutes were included in the packet. He added, a preliminary plat was approved for property in Inlet Woods. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee - Swarner reported there was no quorum and an informal work session was held instead. E-7b. Kenai Convention & Visitors Bureau Board - Bookey reported the KCVB's budget was discussed at their last meeting, as well as the impacts of gaming legislation now working through the Legislature. E-7c. E-7d, ITEM F: F-1., ITEM G: ITEM H: ITEM I: Alaska Municipal League Report - No report. Kenai Chamber of Commerce - No report. MINTITE`q Regular Meeting of March 5, 2003 - Approved by consent agenda. CORRESPONDENCE - None. OLD BUSINESS - None. NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED o pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, I-2. Purchase Orders Exceeding $2,500 KENAI CITY COUNCIL MEETING MARCH 19 2003 PAGE 13 MOTION: Councilman Bookey MOVED for approval of the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. I-3. Ordinance No. 1996-2003 -- Increasing Estimated Revenues and Appropriations by $315,975 in the General Fund to Transfer Inlet Woods Settlement Proceeds to the Debt Service Fund. Introduced by consent agenda. I-4. Ordinance No. 1997-2003 -- Increasing Estimated Revenues and Appropriations by $8,300 in the Senior Citizen Borough Grant Fund, and Transferring $12,800 From the Borough Fund to the Senior Citizens Title III Grant Fund to Purchase Food. Removed from agenda. I-5. Ordinance No. 1998-2003 -- Amending Kenai Municipal Code by Adoption of a New Chapter 12.40 to Regulate Smoking in Eating Establishments. Discussed following Item D-9. ITEM J: REPORT OF THE MAYOR -- Williams reported the following: • He and Councilwoman Swarner recently attended the NLC Conference in Washington, DC. While there, they attended courses, meetings, and discussed problems of federal government; visited with Senator Stevens; met with Senator Murkowski and Stevens' staff; and met with Congressman Young. Williams stated he felt the trip was well worth the cost, though he did not think there was much hope in obtaining financial assistance for city projects. • Noted he had received complaints the Kenai Police Department was "lying in wait" for drunk drivers. A brief discussion followed with Chief Kopp who explained the Department's process. • Read a letter from JoAnn and James Elson who thanked and complimented the Kenai Police Department for their quick and efficient action in retrieving personal effects recently stolen from their home. Councilwoman Swarner reported she and Williams discussed the coastal trail with Congressman Young and also distributed "Kenai Wild" salmon brochures to conference attendees and answered many questions resulting from the information. KENAI CITY COUNCIL MEETING MARCH 19 2003 PAGE 14 Swarner encouraged other council members to attend future conferences and to take Alaska information along to distribute. ITEM K: ADMINISTRATION REPORTS K-1, City Manager - City Manager Snow reported the following: • Department Head reports were included in the packet. • A proposal to oversee the city's recreation program was received from the Boys Girls Club (copy was included in the council packet) . The proposal will be forwarded to the Parks & Recreation Commission for review. Snow requested council set a joint work session with the Commission, Council and representatives of the Boys & Girls Club to discuss the matter more fully. She suggested Monday, April 7, beginning at 7:00 p.m. Council had no objections. • The VISTA grant application was approved and the VISTA office will send a Memorandum of Understanding for the city's review and approval. The VISTA office will also advertise the position on their website and the city will advertise locally and in the Anchorage paper. A VISTA pre -service orientation will be held in August. • She, Attorney Graves, Mayor Bagley and Jack Brown met during the week in regard to the Arctic Winter Games contract and discussed the city's obligations in regard to the hosting of the Games. She noted, Mayor Bagley stated the cities will not be parties to the contract, the Borough has funding for the building of temporary enclosures of the ice rink, and, the Borough will provide temporary warming shacks and showers. The Borough will keep the city informed of any changes and any obligations of the city. • David Gibb (LEPC) and Trooper Captain Bowman have toured the Emergency Operations Center (EOC) at the fire training facility. • Chief Kopp and Assistant Fire Chief Tilly gave a presentation to the LEPC in regard to the use of the EOC. • She will be taking personal leave through March 31 and if there are no objections of council, Finance Director Semmens will be Acting City Manager in her absence. Council stated no objections. K-2. Attorney - No report. K-3. City Clerk - Clerk Freas reported the following: • The annual volunteer reception was scheduled by council at their last meeting for April 25 at the Senior Center, beginning at 6:00 p.m. She requested direction from council as to what type of event they wanted it to be. Council directed the reception include hors d'oeuvres, punch, etc. Williams stated he would have a proclamation and plaques prepared for special recognitions. • Referring to a donation request letter included in the packet from the KCHS After -Graduation Committee, Freas noted council included $300 in their Legislative budget for this purpose. Council had no objections in making the donation. KENAI CITY COUNCIL MEETING MARCH 19, 2003 PAGE 15 • Senator Wagoner will be holding a longevity bonus hearing on Friday from 2-4:00 p.m. in the council chambers. ITEM L: DISCUSSION L-1. Citizens - None. L-2, Council Bookey - No comments. Swarner -- • The Spring meeting of the Legislative Committee will be held on April 23-24 in Juneau. She noted, reservations were needing to be made at the Baranof by April 1. • The Legislative Committee on Economic Development will meet on Monday, March 24. • She has received the new AML Policy Statement for review. Moore - Thanked Assemblywoman Glick for her keeping the council updated on events taking place at the Borough. Jackman - Recognized the efforts taken by Hertz to upgrade their used car lot. Williams - Thanked Attorney Graves for his memorandum regarding the Open Meetings Act which was included in the packet. He requested a copy of the memorandum be forwarded to the AML for their use and to include it in any new council member information packets in the future. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:33 p.m. Minutes transcribed and submitted by: -4-ive Aeooe� Carol L. Fre s, City Clerk APMOVED By couNcn 60 ctEP-K