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HomeMy WebLinkAbout2003-07-02 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 2, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: Z Zwww.ci.kenai.ak.us 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: 1. ITEM C: ITEM D: SCHEDULED PUBLIC COMMENTS (10 minutes) Ann Evans, Central Peninsula Health Centers, Inc. -- Update on Aspen Dental Center. REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS PUBLIC HEARINGS 1. Ordinance No. 2008-2003 -- Amending KMC 1.80.010 to Adjust the Salaries of the Mayor and Council Members. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 2. Resolution No. 2003-37 -- Awarding the Bid to Alaska Roadbuilders, Inc. for Kenai Skateboard Park Paving - 2003 for the Total Amount of $23,220 Which Includes the Basic Bid and Additive Alternate No. 1. ITEM E! 1. 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention 8. Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUTES 1. *Regular Meeting of June 18, 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. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. 4. Approval -- Consent to Sublease -- Pingo Properties, Inc. and Geoffrey M. Graves, Individually, to Ashley Bulot, Lot 6A, Block 1, Gusty Subdivision No. 4. 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 JULY 2 2003 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 7:01 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: Williams, Bookey, Swarner, Moore, Porter, Osborne and Jackman. A-3. AGENDA APPROVAL MOTION: 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 Osborne SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Ann Evans, Central Peninsula Health Centers, Inc. -- Update on Aspen Dental Center. Evans introduced herself as the Site Manager of the Aspen Dental Center, a non-profit organization whose mission is to give quality dental care regardless of the individual's ability to pay. Evans gave an update of the clinic noting, it opened on April 16; due to the controversial nature of their opening, they have lost some state funding and are now receiving primarily federal funding; they are recruiting providers and funding; KENAI CITY COUNCIL MEETING MINUTES JULY 2, 2003 PAGE 2 they offer pediatric specialist dental care for children 0-7 and general dental care for children 8-18 and adults; and, they hope to be running at full capacity by August, 2003. Evans also noted, since they have opened, some of the local dentists' fears that the clinic would take some of their patients from them have diminished and they are indicating more acceptance of the clinic. Also, they plan to be open in the evenings and on Saturdays to extend their dental care. Evans added, they will be holding an open house after they get their providers in place. - ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Assembly Member Betty Glick reported the following information: • The Borough senior citizen funding was increased by $50,000 overall over what had been included in the Mayor's budget. • The Assembly approved an ordinance to extend the termination date for Spruce Bark Beetle killed timber harvest. • The Borough has entered into a contract with the City of Kenai to address the issue of beetle -killed trees in the city. • The upgrade of the Nikiski emergency escape route had been delayed for further examination. • The Assembly adopted a resolution for the issuance and sale of general obligation bonds for the new Seward Middle School. • The Board of Education is being restructured to nine members and all will be up for election this fall. An ordinance is coming forward to public hearing for each school board member to be elected from the same district as the assembly members. • An ordinance was introduced for the issuance of general obligation bonds for the upgrade of the Central Peninsula General Hospital. This ordinance will receive two public hearings. • Whether or not $200,000 should be appropriated for the Arctic Winter Games Host Society's use will be discussed. It has been suggested a LLC be formed relating to the Society and it was also suggested some commitments be received in writing before appropriating the funds. Councilman Moore reported he attended a Society meeting just prior to this meeting. During the meeting, the members were given a copy of the Articles of Incorporation and they were approved; they elected their officers (Dale Bagley, President) ; and they chose to be treated as tax-exempt. He added, it was also announced the Host Society had not entered into any contracts or agreements as of this date. .� KENAI CITY COUNCIL MEETING MINUTES DULY 21 2003 PAGE 3 ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 2008-2003 -- Amending KMC 1.80.010 to Adjust the Salaries of the Mayor and Council Members. D-1 a. Motion for Introduction MOTION: Councilwoman Porter MOVED for introduction of Ordinance No. 2008-2003 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, D-lb. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Councilwoman Porter MOVED to hold the second reading of Ordinance No. 2008-2003 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. D-1 c. . Motion for Adoption MOTION: Councilman Osborne MOVED for the adoption of Ordinance No. 2008-2003 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Williams Yes Bookey Yes Swarner Yes Moore Yes Porter Yes Osborne Yes Jackman Yes MOTION PASSED UNANIMOUSLY. Williams requested City Manager Snow to investigate the cost of cell phone use with city employees and report back to council at their next meeting and concerns there may be to cut them from the budget, including public safety. KENAI CITY COUNCIL MEETING MINUTES JULY 21 2003 PAGE 4 D-2. Resolution No. 2003-37 -- Awarding the Bid to Alaska Roadbuilders, Inc. for Kenai Skateboard Park Paving - 2003 for the Total Amount of $23,220 Which Includes the Basic Bid and Additive Alternate No. 1. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-37 and Councilman Moore SECONDED the motion. There were no public comments. Bookey requested an update of a buried tank found on the site. Public Works Manager La Shot reported the tank was found and was holding heating oil, which is unregulated. Because of not being regulated, the city can remove the tank in-house. If there is leaking, another route would need to be taken. He stated, he believed the removal would go smoothly. Councilwoman Swarner asked if it would be environmentally safe to pave on this site, whether the use of the site had been approved in writing by FAA, and whether this site would be appropriate use in regard to city zoning ordinances. Administration reported the site to be environmentally safe; approval in writing had been received from FAA; and, the use of the site was within the zoning ordinance parameters. La Shot also reported the site should be paved within the next two weeks. Williams stated his concern relating to liability to the city if serious injuries occur since this site would have no adult supervision due to its distance from the Recreation Center as well as possible increased vandalism at the skateboard park and surrounding areas, i.e. ball fields, cemetery, etc. Williams also stated concern for the cost of the paving. It was noted the cost of the paving would be covered by the Daubenspeck funds, which is set aside for recreational purposes. Other discussion included: • The pad will be asphalted over the existing pad; hoping to avoid problems with frost heaving. 0 There is always a potential of liability of anything. This issue was discussed during an AML Conference and it was generally felt the liability issue is exaggerated and it is not as great as it has been thought. The city will be placing signage with specific wording. • The pad will be available for use as soon as the equipment is placed. • It was suggested a public service announcement be placed at radio stations and in the paper mentioning the liability issue to increase information to parents. • If the funds are not appropriated, it was unknown what would be done with the skateboard park as it could no longer be at the Recreation Center. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 2003 PAGE 5 • Staff can move and assemble the equipment in a few hours with rental of a low -boy. • Liability would probably not be increased with the park being moved to this location. Liability is more with the design of the equipment. • Fencing will be placed around the pad. Swarner stated she would not support the resolution because she was concerned about the cost and would rather see the money used for other recreational programs. She also stated her concern with liability with the new site being away from adult supervision. Moore stated the park had been in use for three years at several locations and there had been some injuries and problems. He agreed the cost was high, but would support the resolution with the caveat to watch it closely, i.e. vandalism and injuries, etc. and if there are problems, council could remove the equipment and close the park. In doing that, however, he would be concerned the pavement would then not receive any use for the cost in placing it. Porter stated she would support the resolution as the Parks & Recreation Commission had reviewed the issue for three years. The park has been moved several times and this location, she felt, was the only location where it would be appropriate for the park. She added, the Commission also felt this was an appropriate site, with being close to businesses and phones. Porter also noted, she would support the resolution because she felt the park was needed and if there are issues, they can be dealt with and if the rules are abused, the park can be shut down. Bookey stated he also had concerns with the lack of supervision there will be at the new location and wanted the matter readdressed if there are problems. He added, he would support the resolution. Osborne stated he also would support the resolution. VOTE: Williams No Bookey Yes Swarner No Moore Yes Porter Yes Osborne Yes Jackman Yes MOTION PASSED, ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Swarner noted the following: • The Council would meet at the Center at 10:00 a.m. on July 3. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 2003 PAGE 6 • Reminded the audience of the Center's pie booth at the Fourth of July festivities. • The storage unit at congregate housing is very hot and requested it be investigated. E-2. Airport Commission -- Jackman reported the minutes of the June 12 meeting were included in the packet. She also noted a scoping meeting would be held at 6:00 p.m. on July 8 prior to a special Airport Commission meeting beginning at 7:00 p.m. Jackman stated she would not be able to attend and requested another council member attend in her place. E-3. Harbor Commission -- Bookey reported the next meeting would be held on Monday, July 7. E-4, Library Commission -- Moore reported the next meeting was scheduled for August 5. E-5. Parks & Recreation Commission -- Porter reported the next meeting would be held on July 3. She noted, the Commission had asked whether a revenue account within the General Fund could be established for the donation of funds for maintenance of the cemetery. E-6. Planning & Zoning Commission -- Osborne reported two plats were approved as well as two Conditional Use Permits. The Commission also passed a motion to recommend council's approval of the Comprehensive Plan. E-74, Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the unapproved minutes were included in the packet. She questioned whether there were funds included in the budget for adding sidewalk at the Memorial Park. Clerk Freas reported there were no funds included in the budget and all the sites for plaques and plantings had been purchased. She also noted she had started a list of those interested in the purchase of a site or " adopt- a -bench" program to contact when more information is available. A brief discussion took place relating to the addition of sidewalks and it was noted previous discussions included a "wall" memorial, and the cost of the last addition to the sidewalks was approximately $15,000-$20,000. E-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported a meeting was scheduled for July 14 at 5:30 p.m. at which time discussion will include retail sales and bed tax. He also noted he attended a meeting about bed tax with members of the EDD, local Chambers of Commerce, and the Tourism Marketing Council. The consensus of their discussions was to request a proposition be placed on the 2004 ballot of whether to initiate a peninsula -wide bed tax. Bookey stated, the KENAI CITY COUNCIL MEETING MINUTES JULY 2, 2003 PAGE 7 Marketing Council will be the impetus for the issue and plan to take the issue to the Borough Assembly in January. E-7c. Alaska Municipal League Report -- Swarner reported the Legislative Committee will be meeting at Alyeska on July 20, 21, and 22. She is planning to attend. Williams stated the Alaska Conference of Mayors would be meeting at that time and he was also planning to attend. E-7d. Kenai Chamber of Commerce -- Colleen Canady, Interim Executive Director reported plans for the Fourth of July parade and celebration were ready and they were looking forward to a grand event. She encouraged all to attend both the parade and the activities following it. ITEM F: MINUTES F-1. Regular Meeting of June 18, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None. ITEM H: OLD BUSINESS -- None. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. 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. There were no objections. SO ORDERED. I-3. Ordinance No. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. Introduced by consent agenda. KENAI CITY COUNCIL MEETING MINUTES JULY 21 2003 PAGE 8 I-4. Approval -- Consent to Sublease -- Pingo Properties, Inc. and Geoffrey M . Graves, Individually, to Ashley Bulot, Lot 6A, Block 1, Gusty Subdivision No. 4. City Manager Snow explained the request and noted administration had no objections. MOTION. Councilwoman Porter MOVED to approve the Consent to Sublease of Pingo Properties, Inc. and Geoffrey M . Graves, Individually, to Ashley Bulot, Lot 6A, Block 1, Gusty Subdivision No. 4. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, ITEM J: REPORT OF THE MAYOR -- No report. ITEM K: ADMINISTR.ATION REPORTS K-1. City Manager -- City Manager Snow noted the following: � Reviewed the Kim Howard memorandum included in the packet regarding the Borough Tax Foreclosure Sale. She noted, the city properties listed had been foreclosed upon for more than ten years and council had previously found them not needed for public service. • Public Works Manager Kornelis is doing some work with the Fish & Wildlife Service to obtain possible grant funds to correct some wetlands damage done by four -wheelers on No -Name Creek. • She received a letter (this date) from Dan Van Zee who requested approval to terminate his lease for counter space in the airport terminal effective June 27. A brief discussion followed in which it was noted the original termination date for the Van Zee lease was in 2005. Some concern was expressed by Porter to back -dating the effective date of the termination as she felt some notice should have been given. Because there was only a five-day difference and because council had been lenient to other lessees, the consensus was to allow the termination of the lease, effective June 27, 2003. K-2. Attorney -- Attorney Graves reviewed three memoranda included in the packet relating to cemetery donations, municipal regulation of airport noise, and bond issues for roads. MOTION: KENAI CITY COUNCIL MEETING MINUTES JULY 21 2003 PAGE 9 Councilwoman Porter MOVED to direct administration to create a revenue account for cemetery donations to be established in the General Fund. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. K-3. City Clerk -- Clerk Freas reported the following: • A letter from the Boys 8. Girls Club of the Kenai Peninsula was included in the packet requesting the council's yearly donation for $1,000 for the ALPAR Litter Patrol. Council had no obj ections to proceeding with the donation. • A telephone poll had been taken on June 27 as follows: Administration is requesting Council to approve a purchase order to Grace Painting, Inc. for the purpose of painting the Kenai Teen Center as per their amended proposal of June 27, 2003. The purchase order is in the amount of $8,767.20. (The amount has changed because the vendor is a new one for the city and was not aware of Davis - Bacon Wage state requirements which was not factored into their previous proposal.) The telephone poll was authorized by Linda L. Snow, City Manager; signed by Robin Feltman of the Finance Department; Attested by Carol L. Freas, City Clerk. The vote was: Mayor John Williams, Yes; Pat Porter, Yes; James C. Bookey, III, Yes; Amy Jackman, Yes; Linda Swarner, Left Message, No response; John Osborne, Yes and Joe Moore, No. The Poll was taken by City Clerk Carol L. Freas. ITEM L. DISCUSSION L-1. Citizens Emily DeForest -- Reported a book signing for Gary Titus would be held at the library on Saturday, July 12 from 2-4:00 p.m. L-2. Council -- Bookey -- Stated his pleasure in attending the Home Depot ceremony and wished them luck and further rewards for the city. Swarner -- Reported she met with Senators Stevens and Murkowski while in Washington, D.C. for a conference she attended for her employer. During the meeting, she voiced her concerns for the city. They were understanding, but made no promises. Moore -- Reported he attended the Arctic Winter Games Host Society meeting as the city's representative. He noted, he was told there needs to be a designated alternate as a representative for the city. Williams stated he would like to have KENAI CITY COUNCIL MEETING MINUTES JULY 2, 2003 PAGE 10 someone from Administration to attend and the city take an active part. Parks 8v Recreation Director Frates was suggested. There were no objections from Frates or City Manager Snow. Clerk Freas was requested to send a letter indicating appointment of Councilman Moore and Frates as the city's representatives to the Host Society. Council had no objections. Moore requested the Artic Winter Games be added as a standing agenda item at E-7e. There were no objections. Porter -- No comments. Osborne -- No comments. Jackman -- No comments. Williams -- Noted Attorney Graves' memorandum included in the packet regarding bonding for roads. The timeline for proposition ballot information was asked and Clerk Freas indicated proposition wording has to be forwarded to the Borough Clerk's office by August 16. Williams also suggested the new VISTA Volunteer be given the responsibility of organizing some town meetings to discuss economic development, road paving, etc. A brief discussion took place regarding graffiti around the city and whether it has been a larger problem in recent months. Police Chief Kopp noted, it was not worse than it has been from many years. He also noted, it is Department policy, when juveniles are involved with this type of behavior, their parents are contacted and the situation is discussed with them. EXECUTIVE SESSION - None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 8:44 p.m. Minutes transcribed and prepared by: C//,-, ~"- /.7r, C,,�- Carol L. Freas, City Clerk