Loading...
HomeMy WebLinkAbout2003-08-06 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 6, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. F. DeWayne Craig -- Yearly Application for Excavation in the Right -of - Way (KMC 18.20) 2. Kenai Fire Department -- Automatic External Defibrillator (AED) Information and Demonstration. 3. Lorraine Clare -- Dip Net Concerns/South Side Beach. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Resolution No. 2003-39 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ambulance. 2. Resolution No. 2003-40 -- Transferring $6,500 From Contingency to Repair and Maintenance in the Airport Terminal Enterprise Fund. ITEM E: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v 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 e . Arctic Winter Games ITEM F: MINUTES 1. *Regular Meeting of July 16, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS 1. Discussion -- Policy Options/Kenai Recreation Center ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2009-2003 -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. 4. *Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterprise Fund to Replace Boilers. 5. *Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. 6. Discussion -- Kenai Peninsula Borough/ Kenai River Protection Area Ordinance -- 50 Foot Setback. ITEM J: ITEM K: 1. 2. 3. ITEM L: 1. 2. REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION None scheduled. ITEM M: ADJOURNMENT F KENAI CITY COUNCIL - REGULAR MEETING AUGUST 6 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wvvw. ci. kenai. ak. u s JOHN J. WILLIAMS, PRESIDING MINUTES 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: Swarner, Moore, Porter, Osborne, Jackman, Williams, and Bookey. A-3, AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-4, Christine Monfor -- Additional Sidewalks/Memorial Park ADD TO: K-1, City Manager Report -- Memorandum regarding meeting with FADS. • L. Semmens memorandum regarding financial information. MOTION: Councilman Bookey MOVED for approval of the amended agenda and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: Councilman Bookey MOVED for approval of the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams introduced Casey Reynolds, the VISTA Volunteer who joined the city to direct economic development projects. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 2 B-1, F. DeWayne Craig -- Yearly Application for Excavation in the Right -of - Way (KMC 18.20) Craig two concerns: 1) problems he had had acquiring a variance permit last year, and, 2) acquiring the proper permit to allow him to dig in his right-of-way. Craig explained he contacted Public Works Manager Kornelis relating to the excavation permit and Kornelis stated he had to have a permit with bonding; Kornelis did not tell him about the need for an individual permit requirement; he arranged for the use of a bonded contractor's signed permit as suggested; was told an individual license has nothing to do with the homeowner; and, was cited for digging in the right-of-way without a permit which he cannot get. Discussion followed with Public Works Manager La Shot explaining the process in acquiring a permit; noted the city does not allow individuals to dig in the right-of-way where there are underground pipes/wiring, etc. may be situated; the project is more involved than what Craig described. I Craig was asked what his request is of council and he answered, he wanted to know how he could get a citation if he cannot get the permit. Williams suggested the matter be referred to administration for review and then reported back to council. Porter suggested the code be reviewed as well and be sure there are not changes required. Attorney Graves stated he would do a summary review and talk with Kornelis upon his return and report back to council, with a copy of the report sent to Craig. B-2. Kenai Fire Department -- Automatic External Defibrillator (AED) Information and Demonstration. Chief Walden explained, the State of Alaska received 150 Automatic External Defibrillators (AED's) through a grant from the U.S. Health and Human Services and of those, the City of Kenai received five. He noted, four of the AED's would be placed at the Senior Center and one in the Fire Department's quick response vehicle. It is hoped additional AED's will be acquired and those, it is planned, will be placed at heavy traffic areas such as the airport, library, City Hall, and in each Police patrol car. A brief demonstration of the equipment was made. B-3. Lorraine Clare -- Dip Net Concerns/South Side Beach. Clare stated her residence address as 1130 Elm Avenue, Kenai. She explained her concern as city residents having to pay the $10.00 parking fee each individual time taking part in the fishery and there are others who live outside the city who pay the same price and camp, escaping additional parking costs, even though there is no KENAI CITY COUNCIL MEETING AUGUST 6 2003 PAGE 3 camping allowed. Clare suggested city residents be able to purchase a city permit, probably for a higher charge, but for use during the whole season. Discussion followed in which City Attorney Graves stated he would do a report for the next meeting's packet, noting there are some complications relating to differential fees due to the Public Trust Doctrine for beach access. B-4. Chris Monfor -- Additional Sidewalks/Memorial Park Monfor discussed the need for additional sidewalks at Memorial Park. She noted there were ten people already on a waiting list. When the Park was envisioned, it was expected to grow. She understood there are budgetary problems, but because the Park is very popular, felt it would be a good thing to find a way to fund sidewalks in the near future. Suggested the plantings could be placed prior to sidewalks being added. She also suggested the cost of the plaque / planting be increased and the extra funds placed in a sidewalk fund. Discussion followed relating to the placement of a memorial wall where remembrance plaques could be placed. Swarner also noted placement of memorial plaques around the fountain had been discussed in the past as well. Williams requested administration to investigate the issue in order to do something this year or next spring. BREAK TAKEN: 8:12 P.M. BACK TO ORDER: 8:24 P.M. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS Williams briefly reported the Assembly, at their August 5 meeting, unanimously passed a resolution to place a proposition on the October ballot relating to bonding for an expansion of the Central Peninsula General Hospital. He added, the Assembly failed to pass a resolution to place a question on the ballot to increase property taxes by .05% and use those funds as financial support for the continued operation of the Challenger Learning Center of Alaska. ITEM D: PUBLIC HEARINGS D-1. Resolution No. 2003-39 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ambulance. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-39 and Councilwoman Swarner SECONDED the motion, requesting UNANIMOUS CONSENT. l KENAI CITY COUNCIL MEETING 1 AUGUST 6, 2003 PAGE 4 There were no public comments. Chief Walden explained, the request for funding was made because the fire truck was up for replacement this year. Grant funds had been applied for to cover a portion of the cost, though the amount of the funds were unknown at this time. The timeline for ordering and delivery of the vehicle is approximately seven months. Over the course of life of the vehicle, the Fire Department will have to reimburse the Equipment Fund on a yearly schedule. The use of government services to purchase the truck is being investigated, which would reduce the cost. Walden also noted, the manner in which the current vehicle was built does not allow transmission and motor replacement. The new vehicle would be modular, which would extend the life of the vehicle. The current vehicle, after being taken out of service, could be auctioned off or parted out, but should not be used as an ambulance. Bookey stated he discussed the vehicle with Walden and learned there had been over 700 calls this year with this vehicle. He believes the community needs the service, though it will be a challenge for the Department to find money in their yearly budgets to repay the cost to the Equipment Fund. Bookey stated he would support the purchase. VOTE: There were no objections. SO ORDERED, D-2, Resolution No. 2003-40 -- Transferring $6,500 From Contingency to Repair and Maintenance in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-40 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Swarner reported the next meeting was scheduled for September 4. J KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 5 E-24, Airport Commission -- Jackman stated the next meeting will be held on August 14. E-3., Harbor Commission -- Bookey stated the next meeting will be held in September. He suggested the Commission review the dip net fishery as it affects the city and requested the members of administration involved in the fishery attend the meeting as well. E-4. Library Commission -- Moore reported a meeting was held August 5 at which the updated goals and objectives were approved; it was reported the Friends of the Library have openings on their board; the Friends' fund raiser has been scheduled for October 24 and 25 and funds received will be used toward general support of the library instead of going into their building expansion fund; and, there is an opening on the Commission formerly held by a high school student. E-5. Parks & Recreation Commission -- Porter reported the next meeting will be held in September. ') E-6. Planning 8s Zoning Commission -- Osborne reported on actions taken at the July 23 meeting (minutes were included in the packet). Referring to the Condition Use Permit for the business/consumer services, Swarner questioned whether outhouse uses in the city were proper and whether the building could be condemned if there are no facilities. Graves stated he would check if this is a violation of the building code. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported a special meeting would be held in September. E-7b. Kenai Convention & Visitors Bureau Board -- Bookey reported the next meeting will be held in September. E-7c. Alaska Municipal League Report -- Swarner reported a discussion with a representative from another city who stated they saved money with using cell phones for long distance use and requested City Manager Snow to investigate the possibility. Williams noted AML is planning to support and request consideration for a statewide income tax instead of a statewide sales tax. E-7d. Kenai Chamber of Commerce -- Porter noted, the Chamber is working on their next fundraiser, i.e. the annual wine tasting. E-7e. Arctic winter Games -- Moore noted the minutes of the last meeting were included in the packet. Parks Recreation Director Frates reported he attended KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 6 the meeting and reviewed the minutes. He noted, there was a lot of emphasis in noting the meetings are open to the public. ITEM F: MINUTES F-1, Regular Meeting of July 16, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE -- None. ITEM H: OLD BUSINESS H-1. Discussion -- Policy Options/Kenai Recreation Center City Manager Snow reviewed her memorandum included in the packet which explained six options for council's consideration. Snow explained, the issue was difficult and the court order was difficult to understand and develop options that would not violate the order. There may be other ideas council may have to discuss; she did not like all the options; and, some of the options were discussed previously. She added, the options were clearly identified and was available for questions council may have. Councilwoman Jackman asked if portions of several options could be used because there were items in several options she liked, but not all in one option. Snow stated that was acceptable. Jackman suggested Options 2, 3, and 4 as she liked portions of each of them if used in conjunction with one another. She added, she liked rewriting the code and making it more specific and more clearly defined; at the same time liked Option 4 as she felt the Center should be opened; and while Options 2 and 4 are happening, she suggested Option 3 in putting the contract out to a formal bid process or something similar. Jackman added, she didn't want to see the Center continuing to be closed; if her suggestions were taken, she felt it would satisfy some of everyone's concerns involved, i.e. public, city, Boys & Girls Club, etc. Councilwoman Swarner requested an opinion from Attorney Graves. Graves stated they were options and many policy decisions to be made by council. He added, since the memorandum was distributed, another suggested option was to not amend the professional services section of the code, but adding a new section of the code to allow the city to do RFP's, which are different than competitive bidding, but not a total exemption from the code. Graves noted, a lot of municipalities have those sections in the code (not every community in Alaska), they are fairly standard. An option could be to amend the code to have a request for proposal section and solicit proposals from various entities instead of a competitive bid. Councilman Osborne stated he concurred with Jackman and thought the Center needs to be opened. He added, he knows of a number of people who use the facility KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 7 and have called him asking why and when the facility would be opened. Osborne stated, he would like to have the facility opened and go with Option No. 4 now to get it opened while working on the other problems. Councilman Bookey stated he thought the issue would be considerably hotter to him and the general public. He noted, he had received only one email and a few people talk to him. Bookey stated, the council had been chastised in the past for hurrying the process and he wanted to take heed to that concern. Bookey added, he did not want the Center to be closed any longer than necessary, but wanted it to do it in a way that is acceptable and proper to operate (but not the City of Kenai doing the operating of the facility). Bookey suggested Options 1, 2 and 3 be incorporated together, but to be sure it is done correctly, and if it takes several months to do it, do it that way so there are no further misunderstandings with the public and courts in the future. Councilman Moore stated he felt the Center needs to be opened; if the city is to keep ownership of the building, it needs to be opened. However, he was not ready to jump quickly into opening the Center just because of that. He continued, with his understanding of the memorandum, he favored Option No. 2 alone, although it could be a longer process, he felt it would be more thorough solution to the problems. Moore added, when done, he wanted the solution to be long term and not something that would be challenged again, though it may be unavoidable to make some people happy and others not. He continued, he wanted the solution decided by council to be thorough. Councilwoman Swarner stated she was not comfortable with some of the options offered and would like to see a new section developed for RFPs, though it would be related to the other options offered by Snow. She added, she wanted to see the matter completed correctly and conformed to the court, even if it takes longer. Swarner stated she also wanted to have the Center opened as soon as possible. Councilwoman Porter stated, after reviewing the options and realizing it would be good to open the Center tomorrow, she knew that could not happen. She added, she would like to have the code amended to what it should be and then try and find someone to operate it. Porter stated, she felt the worst thing that could be done to the community would be to bring temporary people in to operate it for two or three months and then have another possible change. Also, this would run the risk of having other things challenged. Porter stated, she wanted to have the ordinance corrected to the point where it will stand up and then have people working there and know there jobs will last for several years -- nothing temporary. Mayor Williams stated his suggested three -step process: (1) Modify the code to more correctly reflect what our vision and our view of professional services are. He added, under Title 29 gives home -rule cities the absolute right to determine what their professional services contracts should look like. So, write the code so that it KENAI CITY COUNCIL MEETING AUGUST 6 2003 PAGE 8 specifically states what those professional service contracts are. Williams added, he felt this has to be done because it appeared the only thing the court was deeply concerned about was the fact that he could not, from the city code, justify the professional services contract being awarded to the group to whom it had been awarded. This calls into question other professional services contracts the city has in place, i.e. the Visitors Center, ice rink, fire training center, etc. These contracts are now operating under a cloud due to this court order. For the full protection of the city and those with whom it has contracted to run those facilities, the code must be amended. (2) Once the code has been written, and RFQ should be listed requesting qualifications of all those who feel qualified to run the Recreation Center on behalf of the City of Kenai, thereby giving everyone an equal chance to present their case to the city as a qualified person capable of running the Center. (3) Once the RFQ is examined and the proper person, the most qualified, is picked, award the contract to run it. He added, he is not in favor of opening the Recreation Center any sooner than what it takes to legitimately put this thing together so as to save the city the embarrassment of having to go through this exercise again and defend its actions. Jackman stated she was not wanting the Center opened immediately, but before two or three months. She added, she didn't see how bringing in former employees to operate it and probably help in the transition after finding a contractor, could cause any more problems and could mesh and help heal some of the wounds that have been caused. Jackman added, that did not mean the city would rush into an RFQ / RFP or competitive bid process, but it would be a way to get the facility opened and run in the fashion it had been done in the past. She added, there are qualified people to run the facility, who are willing to do it and Jackman felt it would be a good gesture on the city's part and would also be serving the community. Porter asked, if hiring back the former employees, would they be considered city employees or contract employees. Snow stated they would be temporary city employees. Porter asked if those positions would not advertised, would that be debatable by the public. Snow answered no, the city hires temporary employees occasionally to fill in when needed in different departments without formal advertising. Williams stated, he believed part of the reason this was done was to bring about a better operation within the Teen Center itself. From the complaints received from the community, there were no problems with the downstairs part of the facility, nor was the downstairs of the facility going to be closed or curtailed or in any way diminished as was said so many times by some people were saying. He added, many of council were deeply concerned about the operation of the Teen Center itself. Williams stated, he was not willing to allow the Teen Center to open under the conditions in which it l was running at the time, i.e. there were too many parents who came to him and other %1 members of the council with complaints of how the Teen Center was running. p ru g. That KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 9 was one of the reasons why council wanted to change the operation and develop a better operational program. Williams stated he had visited the Teen Center on more than one occasion, as did some of the other council members, and was alarmed at the activities taking place by some of the young people there, i.e. need for police to be called, condition of the center, etc. He added, if there is a compromise to be reached, it may be in opening the downstairs portion, but not the Teen Center until such time as the Teen Center is opened properly and under supervision of a qualified group wanting to run it. Williams stated, that was why he was proposing steps 1, 2, and 3. Bookey stated he was not interested in opening the Teen Center, upstairs or downstairs, at this point until everything is in order as he believes it the prudent thing for the council to do. He added, if council had not been put in this situation, six months forward everyone would have been happy, but unfortunately the judge directed something different had to be done. Bookey stated, he would abide what the judge directed, but, was not willing and not interested in going halfway. He wants the issue to be done specifically, professionally, completely correct, so that this community has the best facility going in the best way that it can be. He added, he did not believe that could be done by short -siding and opening the facility now. Bookey stated he could agree with Williams' three -step program as a start because it aligns with the first three steps of the suggested options in the memorandum. Swarner asked if there was anything further received from the court. Graves answered no, and added, since the original order the only other thing heard was a calendaring order for a pretrial conference on October 2, which is a routine hearing. He added, the city is remains under the original court order. Williams asked for an explanation of a pretrial hearing. Graves explained, it's a hearing to make sure discovery has taken place and the process is progressing smoothly. It's a standard hearing; this matter will probably not go through a formal trial but would be decided on motion practice for a permanent injunction. The reason for that is there are not a lot of factual disputes, but more legal arguments. He added, there are some minor factual disagreements, but not major ones. Pretrial hearings are scheduled to make sure things are progressing. A permanent injunction would be to permanently enjoin the city from contracting with the Boys & Girls Club under the current ordinance structure, but would not prohibit the city from ever contracting with the Club. Williams stated, it is difficult because the Court is expecting the city to come to a trial mechanism in which they may permanently enjoin the city under the present code from dealing with the Club; lending emphasis that the code must be amended before much of anything can be done. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 10 Porter stated she supported Williams' three options and added, unfortunately she did not want to see any portion of the facility opened until the issue is solved as to what the city can legally do. She added, she also had a real problem with the proposal received from the past employees noting their refusal to work under the Parks & Recreation Director and wanting to work in Public Works. She added, for her, it was not a clean issue and wants it to be cleaned up. Jackman stated she liked Williams' suggested compromise. She stated, (contracting with the former employees) would be an interim solution until a final solution is found and would mend some of the fences, show the city is trying to make a compromise, listen to the citizens. She added, she wanted to see something open there and wants to see the council informing the public the city is trying to do something and not sitting on it until the court decides or city decides on a solution. Jackman stated, the contract with the former employees could be put in place while decisions are being made on the other issues. Williams referred to the former employees' proposal and stated, he felt it was untimely and with problems, i.e. a group of individuals no longer employed by the city who wish to become employed by the city and dictating policy to management as to how it would be run and usurping the power of management after policy is set by council. Williams stated he found that to be fearful and employees of any sort cannot dictate to management how they will run a facility. Osborne stated he did not see any reason why the downstairs facility could not be opened fairly soon as there are former employees who, he thought, would be more than happy to come back to work; there are taxpayers in Kenai who use the facility and are being deprived of that opportunity; and, he didn't see what the concern was to not open the facility right away. Moore stated, he felt if the facility were opened with temporary help, it could be the problem in another several months and he did not want to go through that again. He added, he was not satisfied that reopening the facility with temporary employees would solve anything in the long term for the city. Moore asked Williams if his step one was a hybrid of Options One and Two or only Option Two. Williams stated, he was going to defer the creation of the amendment to the code to the city attorney who would be able to develop the code rewrite properly. He added, the time element in developing the code would be identical, he believed, in time necessary to create the funding mechanism to open the Center. Williams explained, the funding would need to be created because presently it did not exist and that is a thirty -day process, i.e. to fund the Center would mean going through the proper procedures to create an ordinance to create the funding mechanism for funding the Center. He added, he felt what the public failed to recognize is that when you tamper with government, time j mechanisms are created and they need to go through steps. Williams stated he would � not be willing to call special meetings and have double or triple readings of ordinances KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 11 to rush this through merely to have some citizens seek out a judges opinion to seek another temporary injunction. Jackman asked Graves if there were interim personnel running the facility and in another few months turned into the same situation, would the code modifications protect from having a similar problem happen, as far as letting the temporary personnel go, etc. Graves stated, his interpretation of Moore's comments were more of a political issue rather than a legal issue. Moore reminded council that it was the city's legal opinion the city was protected before. Williams stated he believed it appeared there was five to two in favoring some form of Step 1, 2, and 3 as outlined and requested that be discussed further. MOTION: Councilman Bookey MOVED to follow through in a program of Step 1, Step 2, Step 3 and to have the City Attorney start the proceedings and process to change the code to the direction of Steps 1, 2, and 3 would take us. Councilwoman Porter SECONDED the motion. MOTION TO AMEND: Councilwoman Jackman MOVED to amend the motion to add Step 4 to have the Center open with temporary employees until the time that council accomplishes one, two and three. Councilman Osborne SECONDED the motion. VOTE ON AMENDMENT: Swarner No Moore No Porter No Osborne Yes Jackman Yes Williams No Booke No :::f- MOTION FAILED. VOTE ON MAIN MOTION AS ORIGINALLY STATED: Swarner Yes Moore Yes Porter Yes Osborne No Jackman No Williams Yes Booke Yes ::::J MOTION PASSED. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 12 Williams explained, as the motion stated, administration is to begin preparing a new code more clearly defining the professional services, and after that definition has been prepared, the council will review, take action upon it during the regular course of business and proceed from there. Swarner asked Graves what he saw as a time frame for the code amendment. Graves stated he would have it available for introduction at the next council meeting. He added, there are several communities with their code like the city's current code, however there are a lot of communities with various ordinances that treat professional services differently. Graves stated he would review those codes and choose what he believes best fits the council's intent. Swarner asked, how long would awarding of the RFQ / RFP be advertised. Graves stated the city's current code did not have a strict guideline for advertising limits and fluctuates on how complicated the contract is. He noted, currently the code states the item is either advertised or mailed to three eligible vendors. Swarner stated she was hoping to know when a contract would be awarded when asked by the public when the facility would be reopened. She asked administration to have some timeframe available for council at the next meeting and who to contact as possible vendors, advertise it on the webpage, etc. Porter asked if an RFQ/RFP could be developed before the ordinance to amend the professional services definition is finished. Graves stated he could begin drafting it, but it must be put out for advertising after the ordinance is effective. Porter suggested the RFQ/RFP be advertised in the paper instead of sending it out, so that no one is excluded. Graves agreed that would be the best way to handle it. Williams stated that would be the way council and administration would proceed. He added, the reason the council takes such a hard-nosed position on this matter is because of past lawsuits that lasted years and at very high costs. Williams added, to be sure, the matter would be handled step by step and according to the rules. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Osborne MOVED to pay the bills and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. I-2. Purchase Orders Exceeding $2,500 l MOTION: KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 13 Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilman Moore SECONDED the motion. Finance Director Semmens noted the training for the new accounting software will now be in Kenai. Other cities on the Peninsula who will also be using this software will be allowed to sit in, but the training will be specifically for Kenai. Future refresher classes may be joint with the other cities. VOTE: There were no objections. SO ORDERED, I-3. Ordinance No. 2009-2003 -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. Introduced by consent agenda. Williams noted he, Reynolds and City Planner Kebschull will be meeting with representatives of the Kenaitze Indian Tribe relative to the Plan. Williams stated he would like to have two public hearings on the ordinance. Council had no objections. It was noted, there were additional copies of the plan and its amendments available to the public and the document was on the city's website. I-4. Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterprise Fund to Replace Boilers. Introduced by consent agenda. I-5. Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. Introduced by consent agenda. BREAK TAKEN: 9:44 P.M. BACK TO ORDER: 9:50 P.M. I-6. Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance -- 50 Foot Setback. Councilman Bookey noted he had requested this topic be placed on the agenda. He explained, when the borough ordinance was first approved, it exempted the lower six miles of the river. However, an amendment was made later to include the lower six � KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 14 miles and now controls activities of the commercial fisheries. Bookey stated, he believed the city, as a home -rule municipality, should administer these regulations and control the authority over the properties lying within the boundaries of the city. This can be done through the adoption of an ordinance. Bookey stated he was concerned about the coastal trail project and wants the city to have control on it. He added, he wanted to include all of the properties within the boundaries of the city and not only the lower six miles. Bookey stated he didn't believe this function would be expensive enforce. Council requested administration to research what would be necessary to do and bring the matter back for additional discussion. ITEM J: REPORT OF THE MAYOR -- No report. ITEM K: ADMINISTRATION REPORTS K-1, City Manager -- City Manager Snow reported the following: • A memorandum was included in the packet relating to valves and curb stops which was requested at a previous meeting. Bookey stated the information answered his question. • Referred to her memorandum regarding her meeting EADS representatives. She noted, they are still interested in leasing a building the city designs and builds on city property. She added, in January she was requested to prepare a written report and provide a copy of it to FADS. This was done. Although there would be positive effects to the community, it would be policy call for council whether to build the facility with airport funds. A brief discussion followed in which it was noted EADS has stated they normally do not do long-term leases; they have retained a local architect; though they have stated the lessor usually pays for architect fees, etc., the code directs the lessee to carry those costs; and, FADS is one of the larges corporations in the world, there are many countries involved, and they can afford to build the building themselves. Williams suggested the city will be willing to talk with their representatives in December if they have a legitimate plan. • A memorandum was distributed at the beginning of the meeting from Finance Director Semmens informing council the audited financial statement will not be completed until October due to the extensive changes in auditing (GASB Statement 34). Semmens reviewed the report with council and explained some of the changes in the reporting. K-2. Attorney -- Attorney Graves reported the processing of uncontested traffic citations will be taken over by the city October 1; advertising will be made to KENAI CITY COUNCIL MEETING AUGUST 6 0 2 03 PAGE 15 inform the public; all the money paid will be paid at city hall; and, the city will maintain the ability to attach permanent fund checks. K-39 City Clerk -- Freas noted a memorandum included in the packet with election date information. She also reported petitions for becoming a candidate for the two, three-year and one, two-year council seats were now and would continue to be available through August 15. ITEM L: DISCUSSION L-1. Citizens -- Bob Molloy -- Molloy stated his support of using the former employees as temporary employees to run the Center; he liked their proposal submitted to council (he submitted another copy) ; he supports having the Recreation Center run by the City; he personally felt it would have been great if the city had engaged the different user groups in discussions and asked what they wanted before going for a private contract; he encouraged the city contact representatives of the user groups and people who spoke on the issue if the city decides to go to an RFP, and ask them what to have in a contract; his personal concern with the contract with the Boys 8. Girls Club was there were no guarantees of programs the city wants to continue to be available. Kristine Schmidt, 513 Ash, Kenai -- Schmidt's noted she was very disappointed the Comprehensive Plan would get two public hearings and advertised and the fate of the Recreation Center was made with no public input and no chance for the public to comment; there is confusion if the contract with the Boys 8s Girls Club was a partnership, privatization, whether the change in policy was about funds or concerns with the Teen Center; suggested to dismiss the manager, but don't give away the facility; the options should be discussed with the public; she feels there was a lack of advertisement; suggested giving up recreation powers to the Borough; felt Option 1 would encourage arrangements that will be bad for the public; and stated her concern the council would consider taking over the enforcement of powers from the borough as she felt the system currently works fine, it will take a long time and be expensive, and it should be managed in a uniform way. Mark Necessary -- Stated he was disappointed with what was happening; felt the Commission and public comments were ignored everything; and suggested council should consider training for themselves and not just the commission members. Bookey explained he made that statement because he felt there are commissions who have a misunderstanding of what their responsibilities are and wants those responsibilities and parameters discussed with the members after the October election. Williams stated he agreed with Bookey and noted it was important all commissions and committees answer to the same rules, except Planning & Zoning. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 16 A brief discussion followed relating to when the city first considered using the Boys & Girls Club. It was explained they were contacted a year ago to discuss their summer youth program. The city decided to discontinue their summer program beginning this because it was a duplicate program and was in direct competition with the Club. There was no opposition. Anita Necessary -- Stated her concerns the decisions about the Center were made when many of the council were not users of the facility and that it was not good for the town to be split. Williams noted he felt the Center would have continued to function and possibly been better through the Club. The programs would have been severely curtailed if the city had kept the program. L-2. Council Bookey -- Noted the following: • Welcomed Reynolds to the team. • The mill rate needs to be updated on the website. • Questioned the policy for RV's being parked at the Senior Center. Acting Director Isaak noted the one to which he was referring would be removed after the person completed moving into the facility. • Complimented the Police and Fire Departments for their expertise when responding to the accident on his property. Swarner -- Noted the following: • Requested comparative information on the Float Plane Basin use. • Referred to the dip net revenue report and was pleased. • John Preston, a member of the personnel board, no longer is a city resident. • Asked when the ice would be put in at the ice rink; answer was October 1. • Requested La Shot to investigate whether the building along bridge access was functional and report back. • Requested forms be included in their next packet for the City Manager's evaluation. • Agreed with Williams' earlier comments that it had been a difficult year for the city. • Reminded all of the Food Bank's annual soup supper fundraiser which will be held on September 5. Tickets are available. Moore -- Noted the following: 0 Welcomed Reynolds. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 17 • Impressed how the dip net fishery had evolved over the years and was looking forward to seeing a plan to allow city residents to enjoy the fishery more. Porter -- Noted the following: • Questioned the amount of water used at the ice rink, noting she had received a suggestion the city may want to put in a water well for use at the rink for the ice which would not be treated and not so much wasted from the city wells. La Shot stated they planned to investigate placing one there and at the cemetery. • Requested the back streets in Inlet Woods be cleared of debris, etc. • Suggested punch card purchases at the Recreation Center be refunded. It was noted, two calls had been received relating to this and they were reimbursed. • Received some comments of concern relating to equipment at the skate park and asked Director Frates to investigate. • Learned some cities put their newsletter on line and suggested that be investigated. Osborne -- Osborne noted the following: • Welcomed Reynolds. • Suggested administration investigate relating to comments of Mr. Craig as he had come before the Planning 8. Zoning Commission last year and the records would indicate actions taken. Jackman -- Welcomed Reynolds. Williams -- Noted a display van from NASA would be in Kenai from September 9-12. The Challenger Center is planning an open house and reception at that time. He requested additional security for the van and the multipurpose parking lot be swept. EXECUTIVE SESSION -- None scheduled. ITEM M: ADJOURNMENT The meeting adjourned at approximately 11: 0 5 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk �ovta dY COUNen low — RAC '►'�