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HomeMy WebLinkAbout2002-10-02 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httZ,www.cl*.kenai.ak.us ECOUNCIL STAFF MEETING: 6:00 P.M. 1 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: SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS 1. Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. 2. Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks &Recreation Commission 6. Planning 8v 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 ITEM E: MINUTES 1. *Regular Meeting of September 18, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. 4. Discussion -- Assisted Living Facility Proposed Site ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM L• ADJOURNMENT ITEM A: KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt wvwv. ci. kenai. ak. u s MAYOR JOHN J. WILLIAMS, PRESIDING CALL TO ORDER MINUTES Mayor Williams called the meeting to order at approximately 7:09 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-20 lDf'%T_T_ nAT_T_ Roll was taken by the City Clerk. Present were: Swarner, Moore, Porter, Bannock, Jackman, Williams, and Bookey. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 -- Addition of Purchase orders to Bob's Services and Yukon Equipment. MOTION: Councilwoman Swarner MOVED for approval of the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED, A-4. MOTION: CONSENT AGENDA Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 2 C-1. Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1974-2002 and Councilwoman Jackman SECONDED the motion. There were no public comments. Councilman Bannock reported the Planning & Zoning Commission considered a resolution to this regard, which came to them from administration. The Commission passed their resolution unanimously. VOTE: Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. C-2, Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. MOTION: Councilwoman Jackman MOVED for adoption of Ordinance no. 1975-2002 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swarner reported the minutes of the previous meeting were included in the packet. She noted an open house will be held KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 3 at Vintage Pointe Manor from 3:00-5:00 p.m. on Sunday, October 13, 2002 to celebrate the facility's tenth anniversary. Swarner also reported the next Council on Aging meeting would be held on Thursday, October 3 at 10:00 a.m. at the Senior Center. D-2. Airport Commission -- Councilwoman Jackman reviewed minutes of the September 18 meeting and noted discussion took place on the Land Use Plan portion of the Comprehensive Plan and a request for rental space at the airport. Williams suggested the possibility of the Commission meeting at the new operations building. A brief discussion took place and concerns were noted as: space needs, the conference room may be too constrictive for the size of the group; continuity, continuing the use of the council chambers for the meetings would be more beneficial for the public, etc. It was suggested the Commission discuss the matter and meet once at the facility. D-3. Harbor Commission -- Councilman Bookey reported the next meeting will be held on Monday, October 7, 2002. D-4, Library Commission -- Councilman Moore reported the October meeting had been canceled. D-5. Parks & Recreation Commission -- Councilwoman Porter reported the October meeting would be held on October 3, 2002. D-6. Planning & Zoning Commission -- Councilman Bannock reviewed the minutes of the September 25 Commission meeting. He also noted, another Comprehensive Plan work session was held following the meeting at which time the Commission reviewed quality of life issues. The next work session will be held for the Commission to review the entire Plan. Bannock reported the Commission has requested their November 27 meeting be cancelled as it is Thanksgiving Eve. He also noted, the Commission requested a special meeting be held on November 19 to review the entire Comprehensive Plan draft. Council had no objections to either request. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on October 8, 2002 at 7:00 p.m. in the Council Chambers. D-7b. Kenai Convention & Visitors Bureau Board -- Councilman Bookey reported a meeting was held on September 22 at which time a review of the new bingo rules and regulations took place in regard to their effect on the KVCB s revenues. He KENAI CITY COUNCIL MEETING \I OCTOBER 2, 2002 PAGE 4 noted, the KVCB and the Peninsula Oilers will probably operate under one group with the Oilers taking control of the games. D-7c. Alaska Municipal League Report -- Williams reminded council to contact the City Clerk if they plan on attending the November AML Conference in Valdez. D-7d. Kenai Chamber of Commerce -- No report. ITEM E: MINUTES E-1. Regular Meeting of September 18, 2002. ITEM F: CORRESPONDENCE -- None ITEM G: OLD BUSINESS -- None ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Moore 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 to include the purchase orders to Bob's Services and Yukon Equipment and Councilman Moore SECONDED the motion. Bannock noted Sean Anderson, in the audience, was requesting to speak to the purchase orders. Council had no objections. Sean Anderson -- Referred to the purchase order for $7,900 for the installation of water main extensions on Lawton Drive. He noted, he ran the water main along Lawton Drive as required by a purchase agreement for 4.9 acres of city property Lawton Drive. Anderson reported, because a piece of property was sold across the street, the city would be tapping into the water main he placed for stubouts to the newly sold borough property. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 5 Anderson noted his desire for the city to have a reimbursement program since he placed the water main. He added, the person who bought the borough property was now being paid by the city to place the stubouts. He disagreed with that and felt there were things the city could do to help in the development of the property. Williams stated it was the city's intention to place the stubouts before the road is paved so the new pavement would not have to be cut. Had it been known who the purchaser of the borough property would be and that he would also place the stubouts, the city may have waited to have the work done. Williams noted, it is almost mandatory or normal for the city to have its stubouts placed prior to paving. La Shot explained, the purchase order on the list would be to purchase the supplies and pay for the placement of the stubouts. Porter asked if the city pays for stubouts, why was the city not doing the same for Anderson. Williams explained, the city sold him the property with his promise that he would do all the work. Now, the city was being assured there would be stubouts across the road not knowing who the contractor or purchaser would be of the borough property. Attorney Graves noted there were no proprietary rights to the water main and placing the lines was included in the sale of the property to Anderson; Anderson purchased the property at a discounted price to compensate him for laying the water lines through that area. He added, the appraisal took into account Anderson would have to supply the utilities. Williams stated he sympathizes with Anderson's concerns. He noted, he spoke with the borough prior to the sale and discussed the advantage they would have with the sale as they knew the water/ sewer lines were already in that area and they would not have to pay for them. Williams added, he suggested to the borough they reimburse the city when they sell the land. Bannock noted, based on the sale of the borough property at $140,000, divided by acre and compare it to the costs Anderson has invested ($124,000), they were comparatively the same. He added, he felt the city created a dichotomy in that on one side of the street the city is paying to benefit the individual developer and on the other, another private developer is placing lines and has been asked to bear all the costs. Williams disagreed. It was noted, the purchase order was to place water line stubouts (sewer lines were already placed) to the edge of the property. Anderson also noted, on September 9 he was ready to pave the street and received a letter from the city telling him "no paving should take place until the main sewer lines are installed across Lawton Drive." He noted, the city was holding him up on his paving and there would be additional costs because of damage being done to the roadbed. Also, in the spring, the paving would hold up getting supplies and materials into his property to begin construction. Anderson noted, he was asking council to KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 6 consider changing their policy to this regard because he has increased the value to the property purchased from the borough, as well as the property he purchased from the city, by placing the water line. He added, he believed the city's assistance in reimbursing some of the costs to developers in this type of development, would increase city revenues and economic development. It was noted, the same contractor was doing both the city projects and Swarner asked why the two projects weren't done at the same time. Porter asked Anderson an estimate of his loss and Anderson stated he wouldn't be able to answer that until spring, after paving. Bookey stated he agreed with Swarner in that it was a situation where it was unfortunate the same contractor was doing both the stubouts and is also the property purchaser. However, he was most concerned there were two projects done within a short amount of time, that should have been done as one project through the normal bidding process. He added, he was very opposed to administration circumventing the bid process of a project costing over $10,000. Bookey added, he sympathized with Anderson's concerns. Bannock asked the possibility of creating a rebate formula like other utility companies. Bookey stated, there would be many variables that he didn't think the city would want to get into as most individual contractors wouldn't get into that type of situation and those that do, understand the situation. Bannock noted other situations included in the development of the area are benefits to the landowner and the city, looping of utilities, and the abandoned well house and none would be on the horizon if Anderson doesn't develop the lines. Williams stated, the city's main concern is to get the lines across the street and installation of the water line by Anderson was at a considerably less cost than what it would have been for the city to place it. He added, the value of the property to Anderson would be less if the city had placed the water line. Anderson noted he still owns the water line and the city is saying it wants to tie into his water line before he signs over the water line. Bookey noted, when utility lines are placed in city rights -of -way, they become city property. Swarner suggested voting on the purchase order approval and discuss the delays of the paving later. Bookey stated he would bring the bid process discussion back later in the meeting. VOTE: Swarner Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes -Bookey Yes KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 7 MOTION PASSED UNANIMOUSLY. H-39 Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. MOTION: Councilwoman Porter MOVED to declare the SCBA equipment obsolete and allow it to be auctioned off for sale by sealed bid to the best accepted offer. Councilwoman Swarner SECONDED the motion. Referring to the information included in the packet, Assistant Fire Chief Tilly explained the city replaced its aging self-contained breathing apparatus (SCBA air packs and bottles) through a FEMA grant last year. The Department would like to offer the equipment for sale through a sealed bid process as required by code. VOTE: There were no objections. SO ORDERED. H-4. Discussion -- Assisted Living Facility Proposed Site Councilwoman Swarner explained, in order to apply for a predevelopment grant for an assisted living facility, it was necessary to specify a site and indicate whether the sponsoring agency has control of the site. She noted, several sites had been suggested, i.e. Evergreen Street, what is now the parking area of the senior housing complex, etc. Porter suggested designating the parking area site in the predevelopment grant as that property was originally set aside to be used for a 20-unit addition to Vintage Pointe. Swarner noted, the property could be identified for the predevelopment grant, but may be changed. She added, a letter indicating the city's support of the development of an assisted living facility, the sponsor has control of the site, and identification of the site should be prepared by administration for inclusion with the predevelopment grant. MOTION: Councilwoman Porter MOVED to have Administration write a letter to the granting agency to recommend the site connected to Vintage Pointe Manor and to address that the City of Kenai is in favor of the concept for assisted living within our community. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 8 ITEM I: REPORT OF THE MAYOR -- Williams noted the following: • A letter from the KCHS Hockey Booster Club was included in the packet requesting a donation. Williams suggested a letter be prepared to explain the city council supports the hockey program through providing the covered, refrigerated ice at the multipurpose facility and wish them luck in the year to come. Porter suggested a one-time donation be made to the high school to be divided among all the sporting groups instead of making individual donations. It was agreed this suggestion could be discussed at the next budget meeting. Council agreed a letter should be sent to the Booster Club. • The condition of Cook Avenue is not good and questioned whether council had any interest in cleaning it up and paving it. Williams suggested it be paved as a community purpose instead of a residential street due to the amount of businesses along the road and the business traffic it receives. He felt it was more than the resident use. Council felt it was an issue to discuss at a budget work session. • A meeting with the Corps of Engineers regarding the bluff project is scheduled for October 7. • Reminded council of the work sessions scheduled for Monday, October 14 and Tuesday, October 15. ITEM J: ADMINISTRATION REPORTS J-10 City Manager -- Acting City Manager Semmens was asked to have the progress of the Birch Island land trade reported on at the next council meeting. J-2. Attorney -- No report. J-3. City Clerk -- Clerk Freas reported the following: • A petition is being distributed to form a paving district on McCollum Drive. • The Canvass Board will meet at 10:00 a.m. on October 8. ITEM K: DISCUSSION K-19 Citizens -- None. K-2 9 Council Bookey -- Stated his concern in regard to the matter with Sean Anderson, i.e. that there were two projects within several weeks along the same street. He added, he felt the projects should have been handled as one and should have gone to bid and that the city had circumvented the bidding process. Bookey stated, if it happens again he will move to lower the $10,000 bidding limit to $5,000. He added, he felt it was unfair to the constituency, developer and contractor. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 9 Williams stated he felt it was unfortunate the property in that area was put up for sale by the borough during Anderson's project and added, it was unfortunate the borough was reaping a huge profit which created a problem for the city. Williams stated, he felt it was an issue needing to be discussed with the Assembly members, i.e. when they do something in the city which will affect the city, the matter should be discussed between the Assembly and the council. Williams noted, the sewer line is on the golf course -side of the road and the water line is on the "Zubeck" side of the road. He added, it would appear the sewer line would cost substantially more to get across the road than the water line. If they were dealing with only the water line, the city could have done the tap at anytime in the future. Williams added, it should have been more properly stated the city wanted the sewer line to get across the road before the paving took place. La Shot noted, the project that has been completed by the developer actually had sewer stubouts out of the manhole. He added, the last purchase order was for extending the sewer stubouts to the property line so no paving would be destroyed. La Shot added, the water crossings are being done for the same reason. The reason the work did not go to bid was timing. La Shot also explained, if the road were paved before the water stubouts were extended, the pavement would still have to be cut to complete the work. Porter stated she hoped council would readdress any costs the city has caused Anderson due to the delay in his paving schedule in the Spring. Swarner -- Stated her pleasure in being reelected. Moore -- Stated he would like to see Anderson invited back to address the council in the spring. Porter -- Thanked La Shot for addressing a paving concern she had and indicated a bus had been parked in the parking lot across from Blockbuster for some time. Graves reported the matter had been referred to the zoning enforcement officer. Bannock -- Noted his excitement in being reelected and asked about loose tiles in the airport terminal flooring. Airport Manager Cronkhite reported the contractor had been notified and the flooring is under warranty. The contractor will either repair or replace the faulty tiles. Jackman -- Requested a report on the city auction. � EXECUTIVE SESSION -None Scheduled KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 10 ITEM L: ADJOURNMENT The meeting adjourned at approximately 9 :41 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk