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HomeMy WebLinkAbout2002-03-06 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 6, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /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. Janine Espy, Love Inc. of the Kenai Peninsula -- Request for $3,000 to Assist in Covering Costs for Central Area Rural Transit System to Transport Kindergarten Students. ITEM C: PUBLIC HEARINGS l . Resolution No. 2002-11 -- Requesting FY 03 Safe Communities Funding from the Department of Community and Economic Development. 2. Resolution No. 2002-12 -- Awarding a Bid to Zubeck, Inc. for Demolition of Hazardous Structures for the Total Amount of $14,700. 3. Resolution No. 2002-13 -- Transferring $3,500 in the Legal Department Budget from Professional Services to Personal Services in Order to Hire a Temporary Code Enforcement Officer. 4. Resolution No. 2002-14 -- Supporting the Passage of HB488, Allowing Insurance Tax Credits for Gifts to Schools for the Study of Math, Science, and Technology. ITEM D: 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 ITEM E: MINUTES 1. *Regular Meeting of February 6, 2002. 2. *Verbatim of Item K-2 of February 6, 2002 Council Meeting. 3. *Regular Meeting of February 20, 2002. 4. *February 20, 2002 Work Session Notes ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS l . Discussion -- New Well House No. 4/ Site Location -- Right of Entry and Option to Purchase. ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (live minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MARCH 6, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:16 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, Bannock, Jackman Williams and Bookey. A-3. AGENDA APPROVAL MOTION: Councilwoman Swarner MOVED to approve the agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, A-4. CONSENT AGENDA MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Janine Espy, Love Inc. of the Kenai Peninsula -- Request for $3,000 to Assist in Covering Costs for Central Area Rural Transit System to Transport Kindergarten Students. Espy explained the school district provides one-way rides for kindergarten students to or from area schools. Because there are many families in the area that are unable to transport their children the other half of the ride, the Central Peninsula Area Rural Transit System (CARTS) had taken on the function during last year's school year KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 2 through corporate funding. The funding was not available for this school year and CARTS had hoped to continue the effort as a free service. However, they found that was not possible. Espy reported, through local donations they had raised all but $450 needed to continue the service through the end of the current school year. Espy requested council's donation of the remaining funds. She also noted they were able to use volunteer drivers, however it was difficult to find the drivers. A lengthy discussion followed in which some reservations were voiced by council regarding conflicts with laws governing transportation of students, council's prior decision not to fund public transportation, and that the responsibility for transporting children to school was a function of the school district. Williams noted there were funds available in the Legislative transportation fund due to less travel during the current fiscal year. MOTION: Councilman Moore MOVED to take $450 from the Legislative transportation budget and donate it to CARTS to furnish the kindergarten transportation program and Councilwoman Jackman SECONDED the motion. VOTE: Swarner Yes Moore Yes Porter No Bannock No Jackman Yes Williams Yes .Bookey No MOTION PASSED, ITEM C: PUBLIC HEARINGS C-1. Resolution No. 2002-11 -- Requesting FY 03 Safe Communities Funding from the Department of Community and Economic Development. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2002-11 and Councilman Moore SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 3 VOTE: There were no objections. SO ORDERED. C-2. Resolution No. 2002-12 -- Awarding a Bid to Zubeck, Inc. for Demolition of Hazardous Structures for the Total Amount of $14,700. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2002-12 and Councilwoman Porter SECONDED the motion. There were no public comments. Public Works Director La Shot was asked why he thought there was such a big difference between the four bids received and he said he was unaware of the reasons, but the low bidder had bid close to what administration estimated the cost of the work would be. VOTE: There were no objections. SO ORDERED. C-3, Resolution No. 2002-13 -- Transferring $3,500 in the Legal Department Budget from Professional Services to Personal Services in Order to Hire a Temporary Code Enforcement Officer. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2002-13 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Bookey stated he had no objections to the resolution, but hoped the use of the officer would be only for extreme cases and the public would not be harassed. City Attorney Graves explained complaints would be submitted to City Planner Kebschull who will forward them to him and he will assign the case to the officer. He added, they will try to work out the problems first prior to issuing any citations. Bannock stated he was willing to try this avenue and asked if the complaint system would be changed upon passage of the resolution. Graves answered no, and that the system would continue to be complaint driven. He added, if the officer sees other problems while doing investigation work, he would expect a report from the officer. Graves also noted the position would be a temporary hire. KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 4 VOTE: There were no objections. SO ORDERED, C-4. Resolution No. 2002-14 -- Supporting the Passage of HB488, Allowing Insurance Tax Credits for Gifts to Schools for the Study of Math, Science, and Technology. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2002-14 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, BREAK TAKEN: 8:02 P.M. BACK TO ORDER: 8:19 P.M. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swarner reported the annual meeting would be held on Monday, March 11. She noted, there is a lot of interest by the membership for the development of an assisted living facility in Kenai and requested council to consider what roll they felt the city should take in the operation of an assisted living facility. Williams requested Attorney Graves and City Manager Snow to inquire in other municipalities where there are assisted living facilities as to that municipality's involvement with the facility, i.e. own it outright, manage it, partnership management. Also, investigate licensing requirements for privately run or publicly run facilities and how the construction of the facility was funded. Williams suggested a work session be held after that initial information is gathered. Bookey stated he didn't disagree with exploring the issue, but would never be interested in the city operating a facility. However, if the city can help or enhance the development of a facility, he would be interested in addressing the subject. There were no objections from council for administration to do some initial investigation into the subject. KENAI CITY COUNCIL MEETING 1 MARCH 6, 2002 PAGE 5 D-2. Airport Commission -- Jackman had no report. Williams stated he invited Paul Landis, ERA Aviation to speak to council at a future meeting. D-3. Harbor Commission -- Bookey reported the next meeting would be held on Monday, March 11. He noted he would be out of town and Councilman Moore had agreed to attend for him. Williams requested approval of council to appoint Jay Barrett to the Harbor Commission to fill the current vacant seat. It was noted the ordinance amending the code to allow persons living outside the city to be appointed to commissions and committees, would not become effective until March 20. Barrett's appointment would become effective on March 20. There were no objections from council. D-4. Library Commission -- Moore reported on the March 5 meeting noting the following: • Circulation increased by seven percent. • The Friends' Writer's Night is scheduled for March 15. • The Library will be closed on Easter Sunday. • They discussed the council's work session with the Commission regarding the proposed library addition. The consensus of the Commission is to redouble their efforts to review grant possibilities. Moore asked the expansion of the library be moved up on the CIP list and it be tracked more closely. Williams requested a quote be obtained from the architect for bid -ready plans. Bookey noted he did not attend the work session, but was hesitant to proceed too far with the project until after the budget presentation is made by administration. He added, he didn't want any misconceptions that the project would go forward if it was not financially possible. Williams noted, the base of the reserve must be determined before deciding on proceeding with the expansion project. He added, the mill rate may need to be raised whether or not the expansion project proceeds. D-5. Parks & Recreation Commission -- Porter noted, the next meeting would be held on March 7. D-6. Planning & Zoning Commission -- Bannock reported the following: • Work session notes were included in the packet for council's review. • Larry Tunseth was sworn in at the February 27 meeting. • Reminded council of the workshop for further review of the Comprehensive Plan would be held on Saturday, March 23 at the Senior Center. D-7, Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 6 D-7a. Beautification Committee -- Swarner noted the minutes of the February 12 meeting were included in the packet. She added, the possibility of changing the time of the meeting to 6:00 p.m. was discussed briefly. D-7b. Kenai Convention & Visitors Bureau Board -- KCVB Director Ricky Gease reported the following events taking place at the Center: • A short film festival would be offered from March 5-7. • A meeting was held with small retailers to promote shopping and dining in Kenai. They will be working with the Kenai Chamber for promoting, i.e. brochures, etc. • Their website was redesigned to allow for easier reference of users. • They are busily planning this year's art exhibit, "Spirit of Alaska: The Inner Landscape" and are seeking funding to help in the cost of the event. • They are reviewing how to promote Kenai as a visitor destination and will be looking at promotion costs, etc. He noted the use of a bed tax could be an area where funds could be received for this use. State funds are available, however the local centers have to complete against Juneau and Anchorage for the funding. D-7c. Alaska Municipal League Report -- Williams reported he was, tracking several bills relating to prisons; HB 20, municipal dividend program; and HB 488 supporting insurance tax credits for gifts to a school for math, science, and technology. He added, he would be in Juneau from April 1-5 to discuss these bills with legislators, as well as attend AML Legislative meetings. Williams also reminded council of the breakfast with industry and business members on Friday, March 8 at 7:00 a.m. ITEM E: MINUTES E-1. Regular Meeting of February 6, 2002 -- Approved by consent agenda. E-2. Verbatim of Item K-2 of February 6, 2002 Council Meeting -- Approved by consent agenda. E-3. Regular Meeting of February 20, 2002 -- Approved by consent agenda. E-4. February 20, 2002 Work Session Notes -- Approved by consent agenda ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS G-1. Discussion -- New Well House No. 4/ Site Location -- Right of Entry and Option to Purchase. KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 7 City Manager Snow explained, administration was directed to proceed with negotiations with the owner of the property for the purpose of exploratory drilling for water on the property. She added, administration prepared the agreement and approved it and a copy of the document was included in the packet. Snow explained, if the document met with council's approval, administration wanted their permission to enter into the agreement. It was also noted, no funding would need to be appropriated until the city decides to proceed with the option to purchase. Snow noted there were no grant funds available for the purchase and water/ sewer funds would be used. Bookey stated his concerns this exploratory well would be downstream from the last well drilled and asked why it was thought this water would be better and what would be the funding mechanism to hook this well into the existing system along Bridge Access Road. Public Works Manager Kornelis explained the groundwater exploration study indicated two areas for exploration and this is one of them and the other was back into the wetlands by Well House No. 1. Although the wetlands area would probably yield better water, it would be very costly to place a road to the site and a pipeline back out of it, etc. Kornelis added, the subject property was called Area B in the report, and was thought to be an area with sufficient quality and quantity of water, though there are no guarantees the water would be acceptable. Kornelis added, hopefully funding would be available from DEC grants and noted, the cost to distribute water from this site would be less costly than the other site. The cost of an exploratory well would depend on how deep the well would be dug. He added, he hoped to keep the cost for the exploratory well under $10,000. Kornelis noted, a grant application had already been submitted to DEC and he believed the city's priority would be high for the funding. MOTION: Councilwoman Swarner MOVED to authorize the city manager to enter into the final Right of Entry and Option to Purchase Agreement with the property owner of 514 Van Antwerp Avenue, Kenai, Tract A, Bridge Road Subdivision No. 2, Borough Parcel Number 4901309 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. Moore asked if the quality and quantity of water levels were known. Kornelis answered, the first effort would be to find out the quality of the water and they are aware of water quality that has no contaminants. The findings from this well would be compared with the findings from the exploratory well on Swires Road. Kornelis added, it is best to find good quality water as the cost of water treatment and operation can be very expensive. KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 8 VOTE: Councilwoman Porter requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, ITEM H. NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED, ITEM I: REPORT OF THE MAYOR -- No report. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- Snow reported the following items: • She would be attending a multi -agency training on Friday, March 8. • She has not been able to execute a purchase agreement for the Five Irons property although she expected it to come through from the bidder last month. Swarner suggested, since the terms agreed by council and the purchaser had not been followed through with, she suggested the purchase be dropped. Bookey agreed, and added if someone was going to perform with the project, they would have done it and he wanted to move on. Porter asked if a deadline had been given and Snow explained, there had been a promise by the buyer to execute by January 10 and that was when the intended buyer was last contacted. Snow suggested a letter be written to inform the buyer council would be considering putting the property back out to bid at their March 20 meeting, unless the purchase agreement is executed. Council had no objections. • Finance Director Semmens and she had been working on the budget and felt the draft would be distributed to council at the March 20 meeting. A draft work session schedule would be included in the next council packet for consideration. KENAI CITY COUNCIL MEETING i MARCH 6, 2002 PAGE 9 Snow was asked the status of the Inlet Woods property purchase and she reported the agreement had been executed and recorded immediately after council's approval. Bookey requested items of that magnitude be reported to council as soon as possible after they take place. Swarner noted or inquired the following: • At the February 20 meeting, a report by the Finance Director indicated Medicare and Medicaid billings for ambulance were being done in-house. She asked if it was possible to bill for caretakers of seniors under that system. Semmens stated they use Medicare's online system, but didn't know if there would be different requirements, systems, codings, etc. • Had a constituent tell her they appreciated the snowplowing being done in Woodland and another requesting high berms of snow at city intersections be pushed back, especially by the Police station, Willow and Main Street Loop. • How many accidents had there been at Willow and Main Street Loop and Chief Morris answered there had been 13 in the last two years. • Placing four-way stops is based on requests and review of the Police Department. Swarner noted a constituent requested a four-way stop be placed at Birch and First Avenue and requested administration's review of the request. • Reported she was contacted by a constituent who had concerns with snowplowing in VIP Subdivision. It was noted some drifts are knocked down with plows on pickups and if required, larger equipment is used. Also, if a police officer notices areas where plowing is needed, it is reported to the crews. Williams requested a "stop ahead" sign on Main Street Loop to give warning of the upcoming stop sign. Chief Morris reported four signs had been ordered for placement in the spring. J-2. Attorney -- Attorney Graves noted at the February 20 meeting, council approved the assignment of lease for Snug Harbor Seafoods for security purposes and the taxes were paid thereafter. J-3. City Clerk -- Freas reminded council the APOC financial disclosure statements were due March 15. ITEM K: DISCUSSION K-1. Citizens -- None. K-2, Council -- Bookey -- Made the following comments: KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 10 • He recently spoke to a contractor that finished a project in Kenai and complimented the helpfulness and professionalism of Bob Springer, the city's Building Official. He requested Snow pass those comments on to Mr. Springer. • During the afternoon, he observed city employees using a forklift to break ice off the streets. Bookey noted using the equipment in that manner was both unsafe and inappropriate. • Requested budget information be included in the next newsletter, i.e. public hearing dates, budget reserve concerns, etc. He added, he felt it was critical to get the public to participate in the formation of the budget. Swarner -- Noted the following: • Forwarded a seminar brochure for designing newsletters to Attorney Graves for possible attendance. • Complimented Williams and Semmens for their informative radio presentation on the budget. Moore -- No comments. Porter -- Noted she attended a meeting regarding promotion of small businesses in the city and suggested it as a topic for the next council staff meeting. The meeting was scheduled for March 20 at 6:00 p.m. in the council chambers. Bannock — MOTION: Councilman Bannock MOVED to place on the agenda of our next regularly scheduled meeting of March 20, 2002, an executive session with the city manager and city attorney to discuss objectives as set out in an earlier executive session. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. Some concern was noted that the full council may not be present at the March 20 meeting and it was suggested the agenda could be changed at the meeting if needed. Jackman -- No comments. Williams -- Noted the following items: • Referring to the KRSMA letter included in the council packet regarding a final revised version of a Memorandum of Understanding (MOU) to maintain regular water quality monitoring on the Kenai River and its associated watershed, Williams stated his concern with the "now, therefore" paragraph that referred to working KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 11 cooperatively to facilitate a long-term Baseline Water Quality Monitoring Program for the Kenai River, to support collection and analysis of water samples through funding, in -kind services, etc. Williams noted he would not sign the MOU unless council directs him to do so and asked Snow of conversations regarding the MOU, how it was arrived at, and any issues regarding actions the city could be involved in below the bridge. Bookey agreed and added, he believed the next step would be the city's loss of control to the lower portion of the river. Snow stated she understood a draft of the agreement was provided to the council last spring and that Robert Ruffner spoke to council regarding water testing. She added, it was her understanding the city has been a partner, with respect to the water quality monitoring and testing, that had been done in the past. She added, after investigation of information forwarded to council previously to this regard, it would be council's decision whether to continue participating or not. Williams noted Ruffner's presentation to council indicated the City of Kenai and Cunningham Park area to be the most heavily contaminated part of the Kenai River. Bookey added, Ruffner indicated during his presentation that he was not asking for support or direction from the city, but making the city aware of what was taking place. Bookey stated he was not comfortable with going forward with any type of agreement at this time. Porter noted City Manager Snow had a follow-up meeting with Fish & Game on March 15 regarding the south side of the river (Snow noted it was a tentative date and would confirm with Porter) . • Reported the 2 / 20 / 02 letter from the Kenai Peninsula Tourism Marketing Council thanked the city for its contribution to the 2002 Peninsula Winter Games. • Referred to the Kenai Convention 8. Visitors Bureau letter requesting a donation toward the "Spirit of Alaska: The Inner Landscape" art show to take place from May -September. He noted, council donated $1,000 toward the effort last year, but funds were not included in the 2001-2002 Legislative budget for this purpose. Williams asked council if they wanted to participate with a donation. Bookey stated he didn't want to fund anything at this point and wanted to address the whole issue of the Visitors Center during the budget work sessions. There were no objections from council to delay discussion until the budget work sessions. • Referred to an article in the KCVB newsletter regarding bed tax and statistics of other cities in and out of the state who do and use it to help fund their tourism efforts. EXECUTIVE SESSION - None Scheduled KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 12 ITEM L: ADJOURNMENT The meeting adjourned at approximately 9:58 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk n