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HomeMy WebLinkAbout2003-06-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwcr. ci. kennai. ak. u s COUNCIL STAFF MEETING: 6:00 P.M. 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 1. Senator Tom Wagoner -- Legislative Wrap -Up 2. Assemblywoman Betty Glick -- KPB Assembly Report ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2005-2003 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. 2. Ordinance No. 2006-2003 -- Amending the Official City Of Kenai Zoning Map to Change the Zoning District of Those Certain Lands Listed on Attachment A to "Education Zone." 3. Resolution No. 2003-29 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. 4. Resolution No. 2003-30-- Transferring $55,000 From Non - Departmental Contingency to the Finance Department to Purchase Accounting System Software and Related Items. 5. Resolution No. 2003-31 -- Transferring $12,000 in the General Find for Street Light Utilities. 6. Resolution No. 2003-32 -- Awarding the Bid to J & D Painting 8v Drywall, Inc. for Kenai Library and Public Safety Building Exterior Painting - 2003 for the Total Amount of $26,825, Which Includes the Basic Bid and Additive Alternate No. 1. 7. Resolution No. 2003-33 -- Objecting to Elimination of Municipal Revenue Sharing/Safe Communities Funding From the FY04 State Budget. 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 8. 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 M ITEM G: ITEM 'H: ITEM I: 1. MINUTES *City Council Joint Work Session with Parks & Recreation Commission Members and Boys 8. Girls Club Representatives of May 6, 2003. *Regular Meeting of May 21, 2003. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Kenai Municipal Airport Terminal Special Use Permit/Reann Pitts/ATM Machine 4. Discussion -- USA Patriot Act 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 JUNE 4, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.u.s MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 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: Osborne, Jackman, Williams, Bookey, Swarner, Moore and Porter. A-3. MOTION: AGENDA APPROVAL Councilman Bookey MOVED to approve the agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Bruce Passe, 150 Fern Street, Kenai -- Stated his concern dust control measures were not applied to gravel/ dirt roads in the city and added, he believed it a health issue for many people in the city and for those visiting the city. Passe submitted a list of signatures of people living in the city and visitors to the city requesting the immediate continuation of dust control. He also noted, without the dust control product on the roads, additional grading will be required. Councilwoman Porter stated her concern council had a purchase order before them several meetings ago for dust control and chose not to fund it. She added, though -KENAI CITY COUNCIL MEETING JUNE 41 2003 PAGE 2 council had hoped to roll over the funds budgeted for this purpose, she felt council should revisit the matter as there was no notice to the public the process would not take place. Porter noted, funds were available in the present budget for this purpose and she requested administration to inquire whether the truck would be available for applying the substance and learned it is available. City Manager Snow confirmed the truck would be available, the permit could be acquired, etc. and could be done toward mid -to the end of June. Discussion followed in which comments included review of the 1998 city survey stated people were most concerned about the condition of the streets in the community; council should, as a policy concern, consider what they wanted the fund balance to be; fund balance for the future; the elimination of municipal assistance, etc. MOTION: Councilwoman Porter MOVED to add the dust control for streets in the 2003 budget as a discussion item as Item I-5 and Councilman Osborne SECONDED the motion. There were no objections. SO ORDERED. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS C-1. Senator Tom Wagoner -- Legislative Wrap -Up Senator Wagoner presented a brief overview of legislative actions during the recent session. He noted, SB 136 would offer some tax relief to areas within his senate district and would not affect municipalities unless they choose to participate. He offered to meet with administration, Mayor Williams, and council to discuss the matter further. Wagoner also reported he felt certain the Governor will cut municipal assistance/revenue sharing from the operating budget, as well as the longevity bonus and University of Alaska funding. He also noted he is working with Alaska Housing Finance Corporation (AHFC) relating to the interest differential for building homes out of the city limits of the Peninsula municipalities. He again offered to meet with council, administration, etc. later in the summer to this regard. Other issues discussed were: • Reappropriation of funds for the dock were being considered now by the Governor. • Some funds may survive in the capital budget for road development • Operating funds, including staffing funds for the Youth Detention Center were fully funded and is to be opened July 1. -1 KENAI CITY COUNCIL MEETING DUNE 4, 2003 PAGE 3 • Believes another $250 million will be cut from next year's budget which will require reorganization and cutting mid -level management. • Security and metal detectors will be placed in three courthouses in the state in July, including Kenai. C-2. Assemblywoman Betty Glick -- KPB Assembly Report Assemblywoman Glick reported the Assembly approved their budget, with amendments and reviewed other actions taken by the Assembly at their June 3 meeting. BREAK TAKEN. 8:00 P.M. BACK TO ORDER: 8:15 P.M. ITEM D: PUBLIC HEARINGS D-1, Ordinance No. 2005-2003 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 2005-2003 and Councilwoman Porter SECONDED the motion. Mark Necessary -- As chair of the Friends of the Kenai Recreation Center, Necessary requested funding the alternative budget for the Recreation Center; not fund the contract between the City and the Boys & Girls Club; reject the budget offered by administration and substitute with the alternative budget handed out earlier which included $91,000 in personnel and $18,000 in equipment and services. Councilwoman Swarner stated she was not present at the last council meeting when the Boys & Girls Club contract was approved. She added, she was not convinced the contract was the best way to proceed at this time and would vote against the budget. Councilwoman Jackman stated she voted against the contract at the last meeting and would not support the approval of the budget. Councilman Osborne stated he also voted against the contract and would not support the approval of the budget. VOTE: Osborne No Jackman No Williams Yes Bookey es Swarner No Moore Yes Porter Yes KENAI CITY COUNCIL MEETING JUNE 42 2003 PAGE 4 MOTION PASSED, D-2. Ordinance No. 2006-2003 -- Amending the Official City Of Kenai Zoning Map to Change the Zoning District of Those Certain Lands Listed on Attachment A to "Education Zone." MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 2006-2003 and Councilman Osborne SECONDED the motion. There were no public or council comments. Williams explained the ordinance would place school/learning facilities in an education zone in order for them not to be required to have conditional use permits. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-3. Resolution No. 2003-29 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-29 and Councilwoman Jackman SECONDED the motion. There were no public comments. Bookey emphasized, this mill rate would not answer all the city's financial problems. Jackman agreed and added, she had been reluctant to raising the rate but in speaking with constituents found many supporting of the raise to continue the services now received. Jackman stated she would vote in favor of the raise in the mill rate. Moore stated the mill rate generates revenue on real property; the increase is not the answer to the problems, but will lessen the blow. Moore stated he too would support the raise. Williams noted, the raise in the mill rate would still leave the budget $750,000 in the red, including the municipal assistance funds to be eliminated. Williams added he would support the raise. VOTE: l KENAI CITY COUNCIL MEETING DUNE 4, 2003 PAGE 5 Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-4, Resolution No. 2003-30-- Transferring $55,000 From Non - Departmental Contingency to the Finance Department to Purchase Accounting System Software and Related Items. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-30 and Councilwoman Swarner SECONDED the motion. Gary Cadd, P.O. Box 1995, Kenai -- Asked for an explanation of the cost and the type of software. Finance Director Semmens explained the need for the upgrade in accounting software and hardware was due to the current hardware/ software no longer being supported by the manufacturers, etc. During the general discussion following, Semmens noted, the office personal computers would be able to use the new software from the server and will be a Windows application. He added, he may have to purchase Windows upgrades for the desktops, but he did not anticipate purchase of any new desktops. Through his investigation for new software, he felt this would be the best software for the city's needs and affordable; without the purchase, the city would be at great risk. The old server would be kept for historical research in order to save money in not having old records converted. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-5, Resolution No. 2003-31 -- Transferring $12,000 in the General Fund for Street Light Utilities. MOTION: Councilwoman Jackman MOVED for approval Resolution No. 2003-31 and Councilman Osborne SECONDED the motion. l KENAI CITY COUNCIL MEETING � JUNE 4, 2003 PAGE 6 There were no public comments. Semmens explained, the cost was higher due to more street lights (Forest Drive, etc.) and utility costs may have increased. Williams noted, there were no funds included in the upcoming budget to add street lights. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. D-6. Resolution No. 2003-32 -- Awarding the Bid to J & D Painting & Drywall, Inc. for Kenai Library and Public Safety Building Exterior Painting - 2003 for the Total Amount of $26,825, Which Includes the Basic Bid and Additive Alternate No.1. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-32 and Councilman Moore SECONDED the motion. Councilwoman Porter requested UNANIMOUS CONSENT. There were no public comments. Bookey stated he looked at both the buildings and felt they were in good enough condition to delay the painting until next year. He added, he would not support the resolution. Jackman stated she would not support the resolution. Osborne stated he would not support the resolution as the buildings did not look that bad; he would rather the money go to support the Recreation program. Moore stated his concern the cost would be higher next year to paint the buildings, but to be consistent, would not support the resolution. Porter stated she would support the resolution as the paint is peeling off the Police side of the building in some sections. She added, she didn't want to see the town deteriorate. Williams stated he felt the painting could wait until next year. VOTE: Osborne No Jackman No Williams No Bookey No Swarner Yes Moore No Porter Yes MOTION PASSED FAILED. l KENAI CITY COUNCIL MEETING DUNE 4, 2003 PAGE 7 D-7, Resolution No. 2003-33 -- Objecting to Elimination of Municipal Revenue Sharing/ Safe Communities Funding From the FY04 State Budget. MOTION: Councilman Osborne MOVED for approval of Resolution No. 2003-33. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED, ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Councilwoman Swarner noted a meeting would be held on June 5 at 10:00 a.m. E-2. Airport Commission -- Councilwoman Jackman reported a meeting was scheduled for June 12. Airport Manager Cronkhite gave a brief report on the success of the Air Fair held over the weekend. She noted, participation doubled and they are continuing to work with the Soldotna Airport to grow the event. E-3. Harbor Commission -- Councilman Bookey reported the next meeting would be held on Monday, June 9. Because he would not be able to attend, Councilwoman Porter stated she would attend for Bookey. E-4. Library Commission -- Library Director Jankowska and Chairwoman DeForest reported a meeting was held on June 3 at which time a demonstration of the Gates' computers was given; the Commission's goals and objectives were updated; and discussion of possible fundraising efforts was held. DeForest noted the Library's software has also received its "death notice" and the cost for the programs have tripled. E-5. Parks & Recreation Commission -- Councilwoman Porter noted the next meeting would be held on June 5. Referring to a letter included in the packet, noted Commissioner Wisniewski resigned and a thank -you letter had been forwarded to him. E-6. Planning 8s Zoning Commission -- Councilman Osborne noted the minutes of the May 28 meeting were included in the packet. City Planner Kebschull KENAI CITY COUNCIL MEETING JUNE 49 2003 PAGE 8 explained the Spur Highway addressing concern, noting she had been contacted by the Borough who stated the city and Borough's addressing in this area did not match. To match them, there would be 157 properties needing to change their address. They have discussed the matter administratively and feel there may be another option. However, because the current city code states the addressing is to begin at the "Y" in Soldotna, the city's code will need to be changed and an ordinance will come forward in the near future in order to do that. The ordinance will be changed but not the addresses. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Councilwoman Swarner reported the next meeting would be held on Tuesday, June 10. E-7b, Kenai Convention & Visitors Bureau Board -- Councilman Bookey referred to a report included in the packet and reminded council a joint work session with the KCVB Board was scheduled for 6:00 p.m., June 18, immediately prior to the council meeting. E-7c. Alaska Municipal League Report -- Mayor Williams referred to information distributed regarding PILT funding and an announcement of the Legislative Committee and Alaska Conference of Mayors meeting to be held at Girdwood, July 20-22, 203. E-7d. Kenai Chamber of Commerce -- No report. ITEM F: MINUTES F-1, City Council Joint Work Session with Parks & Recreation Commission Members and Boys & Girls Club Representatives of May 6, 2003. F-2. Regular Meeting of May 21, 2003. Items F-1 and F-2 were approved by consent agenda ITEM G: ITEM H: ITEM I: CORRESPONDENCE -- None. OLD BUSINESS -- None. NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING DUNE 41 2003 PAGE 9 Councilwoman Porter MOVED to pay the bills over $2,500. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Porter SECONDED the motion. Council discussed the purchase orders to Kenai Auto, Alaska Roadbuilders, Government Computer Sales. Comments relating were: • Bookey noted he looked at the equipment and didn't feel it needed to be painted given the cost and the concern for the city's finances. He suggested the purchase order be removed from the list. Porter agreed. • The purchase order to Alaska Roadbuilders would pave the area around the Sewer Treatment Plant to help avoid erosion problems in the area. Funds to do this work were included in the budget. • Alaska Roadbuilders is the only paving company in the area and so, only one bid was received; Kenai Auto is the only business able to accommodate this piece of equipment; the city has standardized computers to Dell and prices were taken from the website and forwarded to Government Computer Sales. Their price was the best. The local vendor was not contacted as they suggested in the past not to standardize to Dell. MOTION TO AMEND: Councilwoman Swarner MOVED to delete the purchase orders for Alaska Roadbuilders and Kenai Auto from the purchase orders over $2,500 and Councilman Bookey SECONDED the motion. Porter requested the two purchase orders be voted on separately. Swarner and Bookey had no objections. VOTE ON DELETING ALASKA ROADBUILDERS PURCHASE ORDER: Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter No MOTION PASSED. KENAI CITY COUNCIL MEETING DUNE 41 2003 PAGE 10 VOTE ON DELETING KENAI AUTO PURCHASE ORDER: Osborne Yes Jackman Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes MOTION PASSED UNANIMOUSLY. I-3. Approval -- Kenai Municipal Airport Terminal Special Use Permit/Reann Pitts/ATM Machine MOTION: Councilman Moore MOVED for approval of the Kenai Municipal Airport Terminal Special Use Permit to Reann Pitts for an ATM Machine and Councilwoman Swarner SECONDED the motion. City Manager Snow reported this was a renewal of an existing permit and no one else had requested the space for an ATM machine. It was also noted 15% of the gross is paid to the Airport Fund. VOTE: There were no objections. SO ORDERED, I-4. Discussion -- USA Patriot Act Bookey reported he had requested the item be included on the agenda due to constituent questions he had received. He added, the purpose of the discussion was to learn if a resolution should be developed and brought forward for consideration. Consensus of council was to have City Attorney Graves develop a resolution and bring it forward for consideration. I-5. Discussion -- Dust Control for Streets A lengthy discussion took place relating to whether applying the CSS-1 to the dirt roads for dust control should be reconsidered by council for the current fiscal year. Comments included: • Understanding the concern of the dust and health issues, but not thought to be cost effective and would be better to keep the process out of the budget until there is a better financial picture. • Health and fair notice of the removal of the dust control application are valid issues; try to find a compromise. l KENAI CITY COUNCIL MEETING DUNE 41 2003 PAGE 11 • Suggestion to combine efforts with the Borough, though the Borough uses calcium chloride which would last only two to three weeks and then it would need to be reapplied; this process would be more expensive and is very corrosive. • Funds are in the current budget for this use. • The truck and CSS-1 product is available. • Applying the product in late June and July would be paying the same amount for only half the time as usually the first application is made in May. • Request a comparison of the advantages/disadvantages, costs differences, etc. and bring to council for consideration at June 18 meeting. MOTION: Councilwoman Jackman MOVED to have administration do a comparison between the calcium chloride process and the CSS-1 process, i.e. cost, length of endurance of the products, etc. and include the issue on the June 18 agenda for consideration. Councilwoman Porter SECONDED the motion. VOTE: Osborne Yes Jackman Yes Williams Yes Bookey No Swarner No Moore Yes Porter Yes MOTION PASSED, ITEM J: REPORT OF THE MAYOR -- Mayor Williams commented on the following: • Letter from Walmart included in the packet -- confirming they are not considering developing a store on the Kenai Peninsula at this time. • Home Depot representatives will be visiting Kenai to walk through the Kmart building in the near future. • Presented a State of the City address to the Kenai Chamber. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow reported the following: • She has made a choice for a VISTA Volunteer; the person will be completing member service training and will start in early or mid August. Supervisor training will also have to be taken in the next weeks. The person chosen is Casey Reynolds who has graduated from University of Alaska Anchorage with a degree in government relations and is enrolled in the Masters' program. He will be situated in City hall adjacent to the City Manager's office. Mayor Williams is investigating housing possibilities for Reynolds and other VISTA Volunteers who will be in the area. � KENAI CITY COUNCIL MEETING DUNE 4, 2003 PAGE 12 • Will be out of the office through June 9 and Finance Director Semmens will be the Acting City Manager. • Three city managers from the Peninsula met regarding Arctic Winter Games with Games Board personnel to discuss funding and how the cities will be able to do what they have to do and how to acquire funding. Individual council members will be contacted to discuss funding ideas, etc. Porter thanked Snow for attempting to address the safety concerns at "mud hill" along Marathon Road. K-2. Attorney -- No report. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens Carol Brenckle, 502 Hemlock, Kenai -- Thanked Jackman, Swarner and Osborne for recognizing responsible government is responsive government and because the council refused to consider alternatives to contracting with the Boys 8� Girls Club for managing the Recreation Center, she believed a vote of the people was necessary. Gary Cadd, P.O. Box 1995, Kenai -- Spoke in regard to the USA Patriot Act and his concerns with its wording; a second proposed Patriot Act; and a domestic enhancement act. Roger Shannon, 11823 Kenai Spur Highway -- Spoke in regard to the USA Patriot Act; his agreement with others the council did not listen to the public in regard to the Recreation Center discussions; suggested recall actions could be taken; noted discussions he has had with FAA regarding noise and low flying of airplanes into the Kenai Airport; and his objection to certain gaming and its affect on families. L-2. Council Bookey -- Stated his concern of a recent newspaper article relating to TSA intense inspection of a passenger's frozen game and requested the Airport Manager inquire whether it actually happened and find out what can be done about it. Swarner -- Reminded council and audience of "National Hunger Awareness Day" and lunch at the Food Bank on Thursday, June 5 in recognition of this effort. KENAI CITY COUNCIL MEETING JUNE 41 2003 PAGE 13 Moore -- Stated he appreciated Semmens' efforts in his technical defense of the purchase of a the server/ software. Porter -- • Rebutted Brenckle's comments that she, as a council person, did not listen to the general public; noted the public included more than those who attended council meetings; she personally spent many hours visiting the Recreation Center, speaking to users, listened to constituents, etc.; and added, she may disagreed with some people about the contract but feels good about the amended contract and wants to give it a try as it is more than just the Recreation Center involved in the issue. • Requested council consider rotating liaisons to commissions on a six- month or yearly basis. Williams suggested waiting until after the October election. • Requested scheduling of clerk, attorney and city manager evaluations; direction was given to include the scheduling on the next agenda. • Inquired whether someone in-house would be sworn in to handle the code enforcer responsibilities, allowing them to go on private premises. Attorney Graves responded noting no one in-house was trained to do those type of investigations. • Asked if trees would be cleared in the ice rink area. City Manager Snow answered the issue had been discussed and it was found there is no funding to do it. The removal of trees, etc. will have to be done by volunteers. Osborne -- • Noted the on -deck circles at the softball fields were needing some attention and discussed it with Parks & Recreation Director Frates in this regard. • Asked if a cross walk in the area of McDonalds/Three Bears to Carr's would be helpful in protecting pedestrians from traffic. It was noted, this is a state highway but it could be brought to their attention. KPD Chief Kopp reported there have been few incidents with pedestrians crossing the highway and more with vehicles and bicyclists using the bike trail. Jackman -- No comments. Williams -- No comments. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 10 :19 p.m. Minutes transcribed and prepared by: By Carol L. Freas ,City Clerk M 4L PAID