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HomeMy WebLinkAbout2003-01-02 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 2, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kena.i.a.k.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. ITEM C! ITEM D: SCHEDULED PUBLIC COMMENTS (10 minutes) REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS PUBLIC HEARINGS 1. Ordinance No. 1983-2002 -- Adding KMC 7.15.035 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. 2. Ordinance No. 1984-2002 -- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings be Sent Via Certified Mail. 3. Resolution No. 2003-01 -- Assessing Costs of Abatement at 9245 Kenai Spur Highway, Kenai, Alaska in the Amount of $3,650 as a Lien on the Property. 4. Resolution No. 2003-02 -- Amending the General Policy Regarding Costs to be Assessed to Benefited Properties in Special Assessment Districts. ITEM E: COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission -1- 4. 5. 6. 7. ITEM F: 1. ITEM G: ITEM H: ITEM I: 1. 2. 3. 5. ITEM J: Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board C. Alaska Municipal League Report d. Kenai Chamber of Commerce *Regular Meeting of December 18, 2002. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1985-2003 -- Increasing Estimated Revenues and Appropriations by $16,895 in the General Fund for a Grant From the Bill and Melinda Gates Foundation. *Ordinance No. 1986-2003 -- Increasing Estimated Revenues and Appropriations by $28,000 in the Airport Terminal Enterprise Fund. Approval -- Reappointment of Commission/Committee Members. 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 -2- KENAI CITY COUNCIL - REGULAR MEETING JANUARY 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 7:02 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, Jackman, and Williams. l Absent was: Bannock A-3., AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: I-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Western Power & Equipment for $7,553.52. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Swarner 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 Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 2 ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 1983-2002 -- Adding KMC 7.15.035 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. MOTION: Councilman Moore MOVED to adopt Ordinance No. 1983-2002 and Councilwoman Porter SECONDED the motion. There were no public comments. City Manager Snow reviewed the concept of design/build and noted, it allows the local government another way of contracting and has been used by the State of Alaska quite a lot. Attorney Graves noted, the ordinance contains standard wording and would be used in limited circumstances. Council would have to find it appropriate for the specific project. He added, design/build can save money or can go very wrong. Graves stated, it was not administration's intention to use design/build for many city projects. Snow noted she had discussed the design/build concept with an experienced contractor who indicated design/build works best with repetitive projects, i.e. automobile shops, heavy equipment bays, swimming pools, etc. which are not complex projects. Councilman Bookey stated he would not support the ordinance as he felt the sealed bid process is the fairest way and that in our local area, he did not feel there were contractors available that could do it. Though if the ordinance passed and a project is designated as design/build, the city would need to be very, very careful. Councilman Moore reported he read the information included in the packet and noted, cost savings would be attractive. Referring to the fourth whereas stating council would make the decision when projects would be done by sealed bid, he asked if it would be for any project. Graves explained the council would have to enter into findings to make a determination on a specific project. Moore asked if City Managers La Shot and Kornelis' involvement would differ in a design/build project. Kornelis answered, during the construction process, they would be working with the contractor a bit more and would be the direct contact; in a sealed bid process, the city's contacts are the contracted architect and engineer. Snow noted, the way to protect the city would be to know the disadvantages ahead of time, having a project manager that is there at all ties, having better control, etc. She added, having the availability of doing design/ build projects would not replace the competitive bid process. Williams noted, he did not know of any projects over the last p several years which could have been done as design/build. He suggested the $10,000 KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 3 limit (before needing to go to bid) be raised. Williams added, he didn't know if the design/build process would benefit the city at this time and it may be premature. Williams asked if administration had a project in mind to use the process and Snow answered, no, council had mentioned the process during a work session and it was brought forward. MOTION: Councilman Moore MOVED to table Ordinance No. 1983-2002 until a time when there is interest to bring it back and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. D-3. Ordinance No. 1984-2002 -- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings be Sent Via Certified Mail. MOTION: Councilwoman Porter MOVED to adopt Ordinance No. 1984-2002 and Councilwoman Jackman SECONDED the motion. There were no public comments. City Planner Marilyn Kebschull reported the following: • Certified mailings =minimal cost certified, return receipt requested, is $4.42. • Delivery confirmation mailing =available only for first class parcels and priority mail. The minimal cost would include the postage for first class mail parcels or priority mailing would be $3.50 handling charge plus the delivery confirmation fee of $.45. It would then be up to the department mailing the envelope to track the delivery via the Internet. Discussion followed in which Councilwoman Swarner noted she received different cost information and felt the city should know when and if the public notice mailing is received. Porter supported the requirement change as certified mailings are expensive and not necessary, since notice can still be sent via regular mail and notice signs are required to be positioned on the property to notify neighbors as well. Williams stated he would support the amendment as he felt most of the properties in Kenai are owned locally; mailing problems usually happen if items are mailed to addresses outside of the city. Councilman Bookey stated he would not support the amendment as he did not want constituents to say they were not aware of the issues. Moore stated he would not support the change either as he felt the delivery information received from certified mailings warranted the cost. KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 4 MOTION: Councilwoman Swarner MOVED to amend the motion to use the delivery confirmation service provided by the Post Office in the appropriate places in the ordinance and Councilwoman Porter SECONDED the motion. Due to variations in the cost information received, Councilwoman Swarner withdrew her motion and Councilwoman Porter withdrew her second to the motion with the understanding the ordinance would return after further investigation. MOTION TO TABLE: Councilwoman Swarner MOVED to table the ordinance and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. D-3. Resolution No. 2003-01 -- Assessing Costs of Abatement at 9245 Kenai Spur Highway, Kenai, Alaska in the Amount of $3,650 as a Lien on the Property. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-01 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED, D-4. Resolution No. 2003-02 -- Amending the General Policy Regarding Costs to be Assessed -to Benefited Properties in Special Assessment Districts. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 2003-02 and Councilman Bookey SECONDED the motion. There were no public comments. Bookey stated he would support the resolution as he felt it would be fair and equitable, but knew it would people upset le as well. Williams p P P asked, if a bond were approved for the purpose of improvements to roads, would the KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 5 resolution need to be amended. City Attorney Graves answered, a new resolution would have to be written to amend the general policy to reflect the situation. A brief discussion followed in which council was advised of other Peninsula cities' assessment policies. VOTE: -Bookey Yes Swarner Yes Moore Yes Porter Yes Bannock Absent Jackman Yes Williams Yes MOTION PASSED UNANIMOUSLY. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Swarner noted a meeting was held on January 2 and reported the following: • The membership discussed the planning of the Mystery Theatre fundraiser and an activity survey for seniors. • She discussed the proposed change in mailings, i.e. certified/regular mail, and the seniors supported sending the mailings the cheapest way. • An election of officers will take place at their next meeting. It was also reported Williams, Snow, Craig, Attorney Graves and members of the Senior Connection met with Attorney Blaine Gilman. It was explained Gilman represents Providence Hospital and will discuss with the Hospital the possibility of their managing an assisted living facility in Kenai. Craig reported they received a letter of intent in regard to the pre -development grant and are awaiting other paperwork. Swarner noted the Senior Connection would be discussing the proposed facility at their next meeting and Williams requested Gilman be invited to attend as well. E-2. Airport Commission -- Jackman reviewed the minutes of the December meeting which were included in the packet. E-3. Harbor Commission -- Bookey reported the next meeting is scheduled for Monday, January 6, 2003. E-4. Library Commission -- Moore reported the next meeting was scheduled for January 7 and held at the Library. E-5. Parks & Recreation Commission -- Porter reported the Commission was meetingin the Clerk's Conference Room simultaneous' to the council meeting. KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 6 Attorney Graves reported he received correspondence from the DEC in regard to the use of Section 36 property for a recreational site. The information received noted an option to be developing the park where it would not disturb the plane. He added, he and Public Works Manager La Shot would meet with DEC representatives in February and explore the possibilities more, i.e. what can and cannot be done with the property. E-6. Planning & Zoning Commission -- No report. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the next meeting was scheduled for January 14. E-7b, Kenai Convention & Visitors Bureau Board -- No report. E-7c. Alaska Municipal League Report -- Williams reported he was planning to attend the National League of Cities Conference from March 7-11 in Washington, DC and while there, will discuss the bluff erosion project with the congressional delegation, as well as other matters. Swarner stated she would be interested in attending the conference as well. E-7d. ITEM F: F-1. agenda. ITEM G: ITEM H: ITEM I: Kenai Chamber of Commerce -- No report. MINUTES Regular Meeting of December 18, 2002 -- Approved by consent CORRESPONDENCE -- None. OLD BUSINESS -- None. NEW BUSINESS I-1. 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: KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 7 Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 using the substitute list marked I-2 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED, I-3. Ordinance No. 1985-2003 -- Increasing Estimated Revenues and Appropriations by $16,895 in the General Fund for a Grant From the Bill and Melinda Gates Foundation. Introduced by consent agenda. I-4. Ordinance No. 1986-2003 -- Increasing Estimated Revenues and Appropriations by $28,000 in the Airport Terminal Enterprise Fund. Introduced by consent agenda. I-5. Approval -- Reappointment of Commission/Committee Members. Clerk Freas referred to the information included in the packet, noting those commission/committee members whose three-year terms end in January, 2003. She reviewed those members who had answered her letter asking if they wanted to continue or end their membership and those who had not yet contacted her. Those contacting her were: WANT TO CONTINUE DO NOT WANT TO CONTINUE Gary Foster, Harbor Commission Joan Hett, Beautification Committee George Spracher, Harbor Commission Dick Fields, Council on Aging Tom Thompson, Harbor Commission Helen Brown, Beautification Committee Doug Haralson, Airport Commission Bob Peters, Library Commission Dick Hultberg, Parks 8s Recreation Commission Jed Watkins, Airport Commission Council had no objections to renewing terms for those who responded. Freas was requested to letters of thank -you to those renewed members and those resigning, as well as contacting those remaining who had not yet contacted her. Council also requested a display advertisement be placed in the newspaper in regard to active commissions/committees of the city and requesting interested citizens to contact the city, etc. ITEM J: REPORT OF THE MAYOR -- Williams noted the following items: • Asked if a date had been set with the Soldotna City Council and Clerk Freas reported she had heard from the Soldotna Clerk who noted those members she KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 8 had been able to contact preferred January 20. However, she had not been able to contact all her members yet and would contact Freas as soon as possible. • The meeting with area legislators will be held on January 7 at 2:00 p.m. in the council chambers. • He and City Manager Snow will lunch with the Kmart Manager on January 9. • Arctic Winter Games representatives will be in Kenai on January 17 and a noon luncheon will be held in their honor at the Visitors Center. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow reported the following items: • She spoke with Dave Casey of the Corps of Engineers who stated his desire to shepherd and do whatever he can in regard to the erosion control project. Shortly after that, she received correspondence from him noting the agencies will receive a literature search from Fish & Game on January 14; on January 27, they will have a meeting with the agencies to discuss the information and fine tune the scope of work studies; and on January 28 and 29, a meeting of all the participants will be held from 8:00 a.m, to 2:30 p.m. At that time, the group will receive the draft scopes of work for the sediment and hydrologic studies. • Representatives from the Transportation Security Administration and Boeing (their subcontractor on airport security issues) will be in Kenai on Saturday, January 5 to do a site assessment at the airport terminal in preparation for potential baggage screening implementation at the Kenai airport. She added, the Acting Airport Manager researched the information and felt there was little chance passenger screening will be required because there are no regular seating carriers over 60 seats and no jets. However, they have indicated they will be doing baggage screening. Williams requested the Acting Airport Manager contact the Director of Airport Security (Kodiak) and invite him to visit Kenai during this visit. K-2. Attorney -- No report. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. Citizens -- None. L-2. Council Bookey -- No report. Swarner -- Reported she had been contacted by former Councilman Bill Frazer who sent his best wishes for the holidays to the council. KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 9 Moore -- Referring to the ordinance regarding design/build projects and Williams' question of whether the construction of the ice rink could have been built through this process, Moore noted he remembered an estimate was first developed and then the project went to sealed bid, which came in approximately $500,000 more than the estimate. He added, he wondered if the processes had been combined, perhaps the over -estimate could have been avoided. La Shot noted, part of the problem at the rink was the architect based his estimate on his experience and did not use a professional estimator. He added, if the design/build process had been used, a big difference in the cost. However, he believed there were several different applications for the city for which the design/build process could be used successfully. Porter -- Porter noted the following: • Requested the "no smoking" issue be brought forward as a discussion item at the next council meeting as she has had several people in the city contact her in this regard. A copy of the City of Soldotna's ordinance was requested to be distributed to council for review. • Suggested an article regarding "buy locally" be included in the next city newsletter. • Reported she observed other police departments in the country sell their confiscated articles as auction items on the Internet. • Requested a letter be sent to the new Director of Elections requesting the city polling sites be returned to the National Guard Armory. Clerk Freas was requested to write the letter. • Asked the status of the residential treatment center project status, proposed by Central Peninsula Counseling Services. Snow stated she had had no contact from the director and would review her file. Jackman -- Reported she missed the last council meeting because she attended a hearing held in the Borough Assembly Chambers regarding the dental health clinic. She reported the hearing was very well attended and most of the comments were very positive. A petition in favor of the clinic was circulated in the room and received approximately 60 signatures. Jackman added, through radio programs and lots of positive dialog, the public is being kept aware of the matter. Williams -- Williams noted the following: • He spoke with former councilman Art McComsey who sent his greetings of the season. • Noted the sales tax changes since last year from the Borough's Third Quarterly Report. EXECUTIVE SESSION - None Scheduled ,� ITEM M• ADJOURNMENT KENAI CITY COUNCIL MEETING JANUARY 2, 2003 PAGE 10 The meeting adjourned at approximately 8 : 30 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk APPROVED BY COUNCIL; DATE &TY CLEIilL