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HomeMy WebLinkAbout2003-07-16 Council Minutesl AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.u.s 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: 1. ITEM C: ITEM D: 1. 2. ITEM E: SCHEDULED PUBLIC COMMENTS (10 minutes) Dave Gilbreath, CEO Central Peninsula General Hospital -- Hospital Expansion. REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS PUBLIC HEARINGS Ordinance No. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. Resolution No. 2003-38 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v 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 e . Arctic Winter Games 1. *Regular Meeting of July 2, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS 1. Discussion -- Scheduling of Evaluations of City Manager, City Clerk and City Attorney. ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 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 -- a. Discuss Litigation, Specifically the Friends of the Recreation Center, Inc., et al. v. City of Kenai b . Evaluation of City Manager ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MTNTTTTQ ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Bookey, Swarner, Moore, Porter, Osborne, Jackman, and Williams. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 -- Revised list, adding purchase order to Moore Business Forms in amount of $3,050. ADD TO: K-1, Report of City Manager -- Update to Kenai River Bluff Erosion Study. ADD AS: Information Item 2, KPB Ordinance No. 2003-24, authorizing the borough to exercise powers necessary to participate in the 2006 Arctic Winter Games as amended and passed. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING JULY 16, 2003 PAGE 2 Councilman Bookey MOVED to approve the consent agenda as presented and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1, Dave Gilbreath, CEO Central Peninsula General Hospital -- Hospital Expansion. Gilbreath discussed the progress of the hospital expansion and renovation project, noting a preliminary concept had been decided upon; studies validate the need for the expansion, i.e. the hospital has not kept pace with growing and aging population and the new federal privacy laws demand more space, etc.; the project will use 100% of the existing hospital and will be more affordable ($5 million savings) than construction of a new hospital; general obligation bonds over 20 years would be used to pay for the project; and, the final hearing on the Assembly's bond proposition resolution will be held on August 5 in order for the question to be placed on the October 7, 2003 ballot. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS No report. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 2007-2003 -- Amending KMC 14.20.280(c) to Allow Notification of Public Hearings to be Sent by Regular Mail. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 2007-2003 and Councilman Osborne SECONDED the motion. There were no public comments. Discussion by council and administration included: • A similar ordinance had been tabled several months ago in order for administration to investigate delivery confirmation possibilities. • A certificate of mailing would be prepared, signed, and placed in the file to certify the mailing of notices. • Delivery would be assumed unless the envelope is returned. 0 There is a delivery confirmation alternative available through the postal service, however the cost savings would be only approximately 12 cents per piece. The minimum cost for a certified return receipt letter is $4.42. Administration was not recommending the delivery confirmation alternative. KENAI CITY COUNCIL MEETING JULY 16, 2003 PAGE 3 • It is estimated, of all the certified mailings sent out, probably not one percent of the people noticed attend public hearings. • An example of a post card notification used in Hawaii was offered; the card is a neon color to make it easily distinguished from other mail; it is similar in size to the city's water/ sewer bills; and the cost to mail would be 23 cents per card. • If the city water bill is not received by the user, the bill is returned to the city as the post card notice would be. • Using this manner of notification would cost less and would be more efficient. • In addition to the mailed notice, signs are posted on the properties and there are advertisements in the paper. • Fees collected for permits do not cover the costs of the certified mailings. The postage is paid from the General Fund. It was suggested the fees could be increased instead. Bookey stated he felt this type of notification is different than the water bill and wanted to continue using certified mailings. Swarner agreed and stated she would not support the ordinance. Porter, Osborne and Jackman stated their support of the ordinance. VOTE: -Bookey No Swarner No Moore No Porter Yes Osborne Yes Jackman Yes Williams Yes MOTION PASSED, D-2. Resolution No. 2003-38 -- Declaring Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Osborne MOVED for approval of Resolution No. 2003-38 and Councilwoman Jackman SECONDED the motion. There were no public comments. It was requested council be notified who is awarded the contract for implementing the auction. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING DULY 16, 2003 PAGE 4 ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Councilwoman Swarner reported the unapproved minutes were included in the packet and the next meeting would be held in September. E-2. Airport Commission -- Swarner noted she attended the special meeting of July 8 for Councilwoman Jackman. A pre-scoping meeting was held prior to the special meeting. Gate modifications were discussed during the special meeting. It was noted there was a possibility of two seats (at -large and lessee) becoming open on the Commission. Those interested in appointment were encouraged to contact the City Clerk and the Clerk was requested to contact the applicants on file. E-3. Harbor Commission -- Councilman Bookey noted the minutes of the July 7 meeting were included in the packet. Bookey asked Kornelis for a report regarding the grant funds for placing a new entrance/exit at the dock. Kornelis reported he met with representatives from the Conservation Find and they looked at 1 the property where the exit road would be placed. He asked if the city could re - vegetate the parking lot and use the gravel for the road and was told the Fund would consider selling aright -of -way for the road and the parking lot. Administration was encouraged to move as quickly as possible on the project. E-4. Library Commission -- Councilman Moore reported the next meeting will be held on August 5. E-5. Parks & Recreation Commission -- Councilwoman Porter reported the minutes of the July 2 meeting were included in the packet. She reviewed the minutes. Porter stated she received a request for a special meeting from the chair of the Commission. Williams stated he responded to the request and forwarded a copy of his reply to council. E-6. Planning & Zoning Commission -- Councilman Osborne reviewed the minutes of the July 9 meeting, which were included in the packet. He also noted there will be two members absent at the next meeting and the Commission is in need of one member. Referring to two applications in the packet, Williams recommended Jay Barrett for appointment. Council had no objections. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the Committee had no meeting. A brief discussion took place about water well levels. Kornelis reported, because of the rain fall pattern to date, the tank recovers overnight. In addition, the contractors are not allowed to draw water from the hydrants. Kornelis also noted the KENAI CITY COUNCIL MEETING DULY 16, 2003 PAGE 5 Consumer Confidence Report had been mailed to the residents of the city and there are no violations of any kind. E-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported a meeting was held on Monday, July 14 at which the Board passed a resolution supporting their participation in the VISTA Volunteer program; supporting the participation of KCVB Ex. Director Ricky Gease in the planning of the Arctic Winter Games; and, the approval of the Chamber to allow display of KCVB's membership brochures at the airport. He added, the main discussion was regarding retail sales at the Center. The end result of the discussion was to continue the sales but at a smaller level so not to compete with private sector businesses. Bookey also noted, discussion of the area -wide bed tax was held and the impetus of the discussions and information gathering will be handled by the Kenai Peninsula Tourism Marketing Council, who will also assist in the preparation of an ordinance to present to the Borough Assembly. Bookey also reported the Board would like to meet with the council in additional work sessions. It was suggested the work sessions be held after the VISTA Volunteer is on board. E-7c. Alaska Municipal League Report -- Williams reported he and Councilwoman Swarner would be attending the Legislative Committee meeting and Alaska Conference of Mayors meeting at Alyeska to be held July 20-22. E-7d, Kenai Chamber of Commerce -- Executive Director Canady reported the Fourth of July Parade and festivities were very successful and they are trying to accommodate placement of KVCB member brochures in the Chamber's space at the airport. E-7e. Arctic Winter Games -- Councilman Moore reported it was his understanding the Host Society will be negotiating with municipalities individually where sport venues will be situated. ITEM F: MINUTES F-1. Regular Meeting of July 2, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None. ITEM H: OLD BUSINESS H-1. Discussion -- Scheduling of Evaluations of City Manager, City Clerk and City Attorney. \� KENAI CITY COUNCIL MEETING LY JU 16, 2003 PAGE 6 Williams suggested the previous schedule of evaluations be amended by holding the City Manager evaluation on August 20 and those of the City Attorney and City Clerk at a following meeting. Council had no objections. ITEM I: NEW BUSINESS I-10 Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilman Moore 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 as amended with the substitute list and Councilman Moore SECONDED the motion. It was noted the purchase of new citations was a normal process, however these will also be updated to accommodate the traffic citation change (fine payments being collected at City Hall for city offenses). Williams requested Snow to contact the newspaper to do an article to remind the general public of the change. VOTE: There were no objections. SO ORDERED. ITEM J: REPORT OF THE MAYOR -- No report. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow noted the following: • A memorandum included in the packet regarding the Recreation Center. • Finance Director Semmens' financial report included in the packet. Kornelis reported a manhole would have to be placed in the Basin View project which had not been expected. He explained it was an existing manhole cover and found to have been placed though no manhole existed. The original project had been done by the developer and inspected by his engineer. The cost of the placement will be reflected in the assessment and it is expected the cost will still be under the engineer's estimate. He also noted, a bury pit was found (referred to in his written report included in the k pac et) and cost information will be brought back to council in this � KENAI CITY COUNCIL MEETING DULY 162 2003 PAGE 7 regard. A brief discussion followed in which it was noted previous conversations included concern of bury pits in the roadway. Kornelis stated 20 test holes had been placed prior to the work commencing; the specifications pointed out it was thought there were bury pits situated in the roadway; and, bury pits could not be predicted unless the whole road is dug up. Snow continued, • The Borough has decided they want to include only ten parcels a year of the city's 30 parcels in their outcry auctions over the next three years and they want someone from the city to attend the auction. Administration was disappointed with this plan and investigated the cost of doing its own auction. It was decided the city could hold its own auction and a packet of the properties with the minimum price will be prepared. • The VISTA Volunteer will be joining the city on August 4 and attending the August 6 council meeting. She will attend VISTA training from July 27-31 and Finance Director Semmens will be the acting city manager. K-2. Attorney -- City Attorney Graves noted the following: Memoranda regarding borough residency requirements and liability of parents for damage to municipal property were included in the packet. • The senate bill to change the name of the court house to honor Judge Jonathan Link was not passed by the Legislature. However a compromise was reached and the atrium portion of the facility will be named after Judge Link. Graves will inform council of the ceremony to be held in the future. Porter asked if the cemetery fund had been set up and Finance Director Semmens stated no donations had been received to date, and when a donation is received, the account will be opened. Mayor Williams donated the first $20 to the fund. K-39 City Clerk -- No report. ITEM L: DISCUSSION L-1, Citizens Bob Peters -- Donated $20 to the cemetery fund. Noted, the general public is not as well-informed as the council in regard to the hospital project and thought the expansion project will have to be defended versus selling of the hospital. Peters stated his concern of the prospect of selling the hospital. L-29 Council , KENAI CITY COUNCIL MEETING JULY 162 2003 PAGE 8 Bookey -- • Asked Kornelis to clarify whether waste valves/curb stops are the responsibility of the city or property owner. • Due to comments and actions of commission/ committees, he suggested the city attorney and city clerk immediately prepare a written clarification of power, responsibilities, etc. of commission/committee members; for the city clerk to include the topic on all upcoming agendas; for the city attorney to attend all commission/committee meetings in the next several months to discuss the same with the commission/ committee members; have the city attorney and city clerk meet with new appointees to discuss and explain responsibilities, etc.; and for the city manager to discuss the duties, roles, etc. with department heads who work with commissions or committees. Williams suggested council consider restoring the word "advisory" in the Kenai Municipal Code in relation to commissions, committees and boards. Williams also stated it would be his intention to call a joint work session with council and all commissions, committees and boards to further discuss and clarify those responsibilities. There were no objections from council for administration to immediately move forward with Bookey's suggestions of clarification included in meeting packets, with the city attorney attending meetings to review the information with the city commissions, committees and boards. Swarner -- No comments. Moore -- No comments. Porter -- Requested the Parks crew to clean the sidewalk in front of the Chamber. Osborne -- No comments. Jackman -- No comments. EXECUTIVE SESSION -- a. Discuss Litigation, Specifically the Friends of the Recreation Center, Inc., et al. v. City of Kenai MOTION: Councilman Bookey MOVED to convene in an executive session of the council of the City of Kenai recognizing attorney/ client confidential communication privilege, strategy discussions for the Friends of the Recreation Center, Inc. et al. v. City of Kenai litigation. Councilwoman Swarner SECONDED the motion. It was requested City Manager Snow and City Attorney Graves attend. VOTE: KENAI CITY COUNCIL MEETING JULY 16, 2003 PAGE 9 Bookey Yes Swarner Yes Moore Yes Porter Yes Osborne Yes Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. Executive Session: Approximately 9:00 P.M. Back to Order: 9:57 P.M. Councilman Bookey reported the council, with City Attorney Graves and City Manager Snow convened in an executive session and discussed strategy of the Recreation Center litigation. b. Evaluation of City Manager -- Moved to August 20, 2003 ITEM M: ADJOURNMENT The meeting adjourned at approximately 9:58 p.m. Minutes transcribed and prepared by: 1! �� e-3(.. 00'� zi-� Carol L. Freas, City Clerk APPROVED By COU C ; � a3001 DATE61ITTr Cl