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HomeMy WebLinkAbout1999-08-18 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST 18, 1999 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. Ed Flannigan, Commissioner of Labor 8s Work Force Development — Award Presentation/Sewer Treatment Plant Operation. ITEM C: PUBLIC HEARINGS 1. Resolution No. 99-49 - Accepting a $250,000 State of Alaska Grant for the Kenai Municipal Airport Maintenance Facility Design and Engineering. 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. Historic District Board C. Kenai Visitors 8s Convention Bureau Board d. Alaska Municipal League Report -1- 1. *Regular Meeting of August 4, 1999. 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. *Ordinance No. 1838-99 - Increasing Estimated Revenues and Appropriations by $26,928 in the General Fund for Pass -Through Grants. 4. *Ordinance No. 1839-99 - Increasing Estimated Revenues and Appropriations by $450,000 for Design and Engineering of the Airport Maintenance Facility, Airport Fire Station and Warm Storage Facility. 5. *Ordinance No. 1840-99 - Increasing Estimated Revenues and Appropriations by $10,000 in the Jet Fuel Facility Capital Project Fund. 6. Discussion - Central Peninsula Habitat for Humanity, Inc. Request for Reimbursement of Costs Related to Habitat Acres Water and Sewer Installation/Colonial Drive & Linwood Street, Kenai. 7. Discussion - Scheduling Board of Adjustment Hearing/Appeal of City of Kenai Planning & Zoning Commission Approval of Conditional Use Permit No. PZ99-24 for a Greenhouse, Gift Shop and Coffee Shop at 202 North Forest Drive, Kenai, by Bruce V. Alumbaugh. ITEM I: 1. 2. 3. 4. 5. 6. 7. ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Airport Manager -2- �) ITEM J• DISCUSSION 1. Citizens (live minutes) 2. Council ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL -REGULAR MEETING AUGUST 18, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / Z www. ci. kenai. ak. u s MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A. CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 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, Bannock, Frazer, Williams and Bookey. A- 3 . AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-2, Rick Baldwin - Multi -purpose Facility Update. REMOVE: H-7, Scheduling of Board of Adjustment Hearing -- See 8/ 13/99 Bruce V. Alumbaugh letter withdrawing the appeal. MOTION: Councilwoman Swarner MOVED for approval of the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. AA, CONSENT AGENDA Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 6 B-1. Ed Flannigan, Commissioner of Labor & Work Force Development Award Presentation/ Sewer Treatment Plant Operation. Commissioner Flannigan and Deputy Commissioner Dwight Perkins were introduced to the council and audience. Flannigan explained, the State of Alaska received federal funding to participate in a Federal OSHA program which stressed cooperation between employers and OSHA safety inspectors. He noted, the Voluntary Protection Program was developed for larger employers and the first award in that program was given to Prudhoe Bay. The second program, Safety and Health Achievement Recognition Program (SHARP) is the award being given to the city's wastewater treatment facility (the first recipient of the award). He noted, the programs were developed to leverage private/public resources beyond the enforcement agencies and work with employers/employees to exceed federal standards. Flannigan noted, the industry of wastewater treatment plants is a high -hazard industry and the city's employees have done a commendable job in establishing a good record and culture of safety and quality improvement in worker safety and health issues. He added, the city's program will be a model for other city departments and cities to follow. Flannigan commended Public Works Manager Keith Kornelis and the plant employees; Gerry Allen, Fred Macvie and Jerry Potter. Flannigan also commended the council and administration for having this great program. The award was presented to Mayor Williams, Kornelis and the STP staff. B-2. Rick Baldwin - Multi -Purpose Facility Update. Baldwin gave his address as 3080 Kim-N-Ang, Kenai. Baldwin reported the Nikiski High School was donating their rink boards to the project. Letters are being exchanged to confirm the donation. A group of volunteers will move the boards and put them in place. The LLC will continue as a funding source and they are considering setting up a volunteer organization to get other community members involved if necessary. Baldwin noted, the Zamboni would be their next acquisition. He added, they hoped to find a corporate sponsor to purchase a new one and would have the sponsor's name placed on the side of the equipment as a constant advertisement. Baldwin added, they have been in contact with EDD who is able to take donations through their 501(c) (3) status and contacts are being made. The city will ultimately take ownership of the Zamboni. Baldwin also reported the LLC was continuing in its effort to receive funding from the bank. There is a lot of community support for the project and Sue Carter has agreed KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 7 to be the project coordinator for the LLC. Baldwin added, he did not anticipate any problems at this time and thanked the city administration for working with them. When asked the timeline for pouring the foundation, Public Works Manager La Shot stated he believed it would be poured when the contractor gets the Challenger project further along. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 99-49 - Accepting a $250,000 State of Alaska Grant for the Kenai Municipal Airport Maintenance Facility Design and Engineering. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-49 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no public comments. Williams explained, this is a matching grant received from the State of Alaska to design and engineer a major airport maintenance facility for housing a fire truck, warm storage, mechanical equipment, etc. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging - Swarner reported the next meeting would be held on Thursday, August 26 at 10 a.m. at the Senior Center. D-2., Airport Commission - Bannock reported the majority of the Commission meeting held on August 12 was to review the first six chapters of the Airport Regulations. D-3, Harbor Commission - Bookey reported there was no quorum for the meeting, however a brief work session was held during which an update was given regarding the Coastal Trail/ Bluff Restoration project. Bookey also noted, the Commission requested council to change their September meeting date from September 6 to September 13, due to the Labor Day holiday. Council had no objections to the meeting date change. KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 8 D-4, Library Commission - Moore reported he had not attended the meeting, however the minutes of the August 3 meeting were included in the packet. The next meeting will be held the first Tuesday of September. D-5. Parks & Recreation Commission - Frazer reported the minutes of the meeting were included in the packet. He noted, a lengthy update of the multipurpose facility project was presented by Sue Carter. D-6. Planning & Zoning Commission - Bannock reported minutes of the last two Commission meetings were included in the packet. He noted, there was no quorum for the August 11 meeting. D-7. Miscellaneous Commissions and Committees D-7-a. Beautification Committee - Swarner reported the minutes of the August 10 meeting were included in the packet. She noted, some of the judging results of the Chamber's beautification awards were included in the minutes. D-7-b. Historic District Board - Moore reported the next meeting should be held on the third Monday in September. D-7-c. Kenai Visitors & Convention Bureau Board - Bookey stated no meeting had been held recently. D4-d. Alaska Municipal League Report - Williams noted, council had requested additional information in regard to the AML Conference to be held in the Kenai/ Soldotna area in November and reported the following: • The City of Soldotna waived the $16,000 Sports Center fee and would be holding a reception during the conference. • The Borough was donating $5,000 and would be holding a reception. • The City of Kenai included $3,000 in its Legislative Miscellaneous budget to cover the costs of a reception. Williams requested an additional $2,000 be donated by the city toward the conference costs. A long discussion followed during which it was questioned for what the additional funds would be used. Williams suggested they would be used to offset other costs, i.e. conference coordinator, etc. However, Williams agreed to speak with Mayor Lancaster to get a better idea of the budget for the event and additional expenses. Williams noted, the city had been a major supporter of the AML over the years and that AML is the city's legislative watchdog. He also noted, the city would not be incurring any transportation costs this year for council to attend the conference because it would be held in the Soldotna/ Kenai area. When asked, Williams noted the city's reception would be held at the ARFF. It was suggested the city could waive some other costs. Frazer stated, because there will be money spent in the city for hotels, motels, meals, etc. and because the city has been KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 9 an active member of AML, he would be reluctant to not support the conference. He added, he would approve the expenditure of the additional $2,000, but felt a detail of what the funds are used should be requested. Bookey stated his concern was that the budget was approved only a few months ago and already they were considering an item which had not been budgeted. He added, he would like to know for what the funds would be used. Swarner noted, she did not want to amend the budget this early in the fiscal year. Bannock stated he would treat the request like a change order and make his decision on what would be changed and why it is needed. Williams stated he would get more information and have the Clerk poll the council for their decision. Williams also requested council rent booth space at the conference and share the space with the Challenger Center. He suggested the costs for the booth could be paid from the Legislative advertising budget. Council had no objections to the $475 for the booth rental. ITEM E! MINUTES E-1, Regular Meeting of August 4, 1999. Approved by consent agenda. ITEM F: CORRESPONDENCE - None. ITEM G: OLD BUSINESS - None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION. Councilman Bannock MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2, Purchase Orders Exceeding $2,500 MOTION: KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 10 Councilman Bannock MOVED to approve the purchase orders exceeding $2,500 and Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. H-3, Ordinance No. 1838-99 - Increasing Estimated Revenues and Appropriations by $26,928 in the General Fund for Pass -Through Grants. Introduced by consent agenda. H-4. Ordinance No. 1839-99 - Increasing Estimated Revenues and Appropriations by $450,000 for Design and Engineering of the Airport Maintenance Facility, Airport Fire Station and Warm Storage Facility. Introduced by consent agenda. H-5. Ordinance No. 1840-99 - Increasing Estimated Revenues and Appropriations by $10,000 in the Jet Fuel Facility Capital Project Fund. Introduced by consent agenda. H-6. Discussion - Central Peninsula Habitat for Humanity, Inc. Request for Reimbursement of Costs Related to Habitat Acres Water and Sewer Installation/ Colonial Drive & Linwood Street, Kenai. Williams referred to a letter from Barry Eldridge of the Central Peninsula Habitat for Humanity, Inc. and invoice from Foster Construction, Inc. in regard to Habitat's request for reimbursement of costs for placing water and sewer installation on Colonial Drive and Linwood Street. Williams noted, the street was not built to the city's specifications and the stumps and mud were buried in the middle of the road. When Habitat excavated to hook into the water and sewer lines, the bury pit was dug into and additional excavation costs were incurred. Williams noted, the city has had a good relationship with Habitat for a number of years and has donated property for development of a home. He continued, the bill for the excavation work totaled $61860.50. Barry Eldridge - 2679 Bowpicker Lane, Kenai. Eldridge explained, the bury pit was unexpected but they continued on and had the installation completed which included six service connections in the cul-de-sac in Habitat Acres (properties donated to them by the Borough) . He noted, they had not budgeted for the extra work and it had a large impact on Habitat's finances. He noted, they projected two houses this year (one in Kenai and in Strawberry Lane) and installation of water and sewer for six services giving them six additional lots on which to build. Eldridge noted the city had investigated how the water/sewer work could be donated to Habitat in the past, but found it would not be possible. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1999 PAGE 11 Bannock noted Habitat had requested council on two different occasions (at budget time) to place the water/ sewer line and for a grant to have this work done. The requests were both denied. Williams noted, he believed the work was denied due to Davis -Bacon wage concerns and because the water/sewer lines would become the city's which negated the ability to give a grant for the work to be done. Moore noted Habitat had also requested the city to patch the pavement in front of their house on First Avenue which was also denied. Bookey asked administration what would happen if a private citizen or developer came and requested this type of reimbursement. Ross answered, administration did not recommend council grant the request because it was an expense that would fall to a developer. In this case, Habitat was the developer. Ross continued, the problem was not uncommon in the city, i.e. hitting bury pits in streets and rights -of -way which were not built to the city's specifications. He added, this area had not been accepted by the city for maintenance purposes. As far as the invoice, Ross explained, the city's costs would have been less if it had done the work itself. He added, if council determined to give an award, he would prefer it would be outside the consideration of the invoice or the project so that no precedent would be set. Williams noted the date on the bill was July 21 and asked if Foster had been asked if the bill would have been the same if a donation would have been made to Habitat or had the funding been raised to match Davis -Bacon costs, etc. Eldridge explained, when he initially heard about the problem, he was on a boat going to Seldovia. Phone calls were made back and forth and he told them to go ahead with the work. The inspector saw the problem and did some estimates on the materials, etc. and as the pit was dug into, the price escalated. Bannock asked if this was the bill received by Habitat and was there any other consideration from Foster Construction for payment of the bill? Eldridge answered, this was the bill they received and he contacted Foster Construction and requested a letter explaining the problems. He added, this was not a revised invoice. Williams noted the bill would represent about five years of property taxes for the five homes to be built in that area. If a grant was given for the amount, could it be made from the Water/ Sewer Fund because it was funding the construction of water and sewer lines? If so, would there be sufficient non -obligated funds available in the fund? Finance Director Semmens stated he would not be able to answer the question without reviewing the code as to restrictive uses of Water and Sewer Fund money. Bannock asked, if this was an authorized city project, from where would the funds be taken. Semmens answered, typically water and sewer projects are paid for with water and sewer funds. Bookey stated the project bothered him because council would be amending the budget that was just recently passed. He added, if council wanted to make a future donation to Habitat, that was one thing to review, but he was hesitant to allow this KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1999 PAGE 12 expenditure because he felt it would open up for many developers to make similar types of requests. Bookey added, he felt bad for Habitat, but was not willing to put the responsibility on the rest of the citizenry to pay for it. Bannock asked if it was true 100% of water and sewer projects benefiting the citizens of Kenai were paid for by themselves and not the General Fund. Williams answered no, and added, the majority of water and sewer projects in the city had been paid for by State of Alaska grant funds. Bannock stated, the precedent had already been made. MOTION: Councilman Bannock MOVED to approve a repayment to Habitat for Humanity in the amount of $6,860.50 and have the administration figure out from where to get the money. Councilman Frazer SECONDED the motion. Williams stated he understood the implications of making a donation of this sort and thought council would continue to tell developers no when asked for similar help. However, in this instance, Habitat for Humanity is an international organization and has been very successful in furnishing homes in the community. He added, council would be well -served and Habitat probably would be appreciative if half the amount could be reimbursed. Swarner stated she agreed with Bookey in regard to other developers digging into bury pits when placing water and sewer lines. She added, state grants have been used to place water and sewer lines. However those funds had been brought to public hearing and they had been included in the budget process, etc. Swarner added, she believed the concern was being side-stepped and she saw it as a change order. Williams noted, if council agreed to pay half the cost, it would be over the $2,500 amount and would have to come to council for approval unless the administration could be instructed to go forward with the donation. Frazer stated he also had a problem with precedent, but as a council, they would have the ability to approve or deny requests from another developer. He added, he believed Habitat was a more benevolent operation than a developer. Frazer continued, he believed this was an organization doing a lot of good things in the city. He suggested the cost be negotiated, but wanted to find a way to help with the request. Bookey stated, he would not care who would come before council requesting this type of repayment, because he felt it was the wrong direction to go. He added, the amount had not been budgeted, it had not been discussed in the past, and it was the wrong opportunity to get involved, no matter who was making the request. Bookey KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 13 added, he believed council should listen to what administration was saying and if council wants to do something like this in the future, it should be discussed and appropriated at budget time. Bannock stated he would support the funding because he supported the same project two prior times. He continued, as far as absolute correctness regarding whether it had been budgeted, the request mirrored the earlier AML discussion. Bannock stated, he believed this donation would repay the city ten -fold more than the potential $5,000 to be given to the AML. VOTE: Swarner: No Moore: No Bannock: Yes Frazer: Yes Williams: Yes Booke No MOTION FAILED. H-?. Discussion - Scheduling Board of Adjustment Hearing/Appeal of City of Kenai Planning & Zoning Commission Approval of Conditional Use Permit No. PZ99-24 for a Greenhouse, Gift Shop and Coffee Shop at 202 North Forest Drive, Kenai, by Bruce V. Alumbaugh. Removed from agenda. ITEM I: ADMINISTRATION REPORTS I-10 Mayor Williams referred to a letter included in the packet regarding the proposed Alaska gas pipeline which was signed by Borough Mayor Navarre, Soldotna Mayor Lancaster and Mayor Williams. He added, the letter noted two viable options remained; Valdez and Nikiski. Williams reported, the letter promoted the Nikiski site as the terminus of the pipeline. I-2. City Manager a. Airport Piping - Ross reported he, La Shot and the city's consultant met with representatives from DEC regarding the airport piping. He noted, the city's position continued to be non -removal. Ross added, he believed the city would receive cooperation from DEC in trying to cooperate with the city. He noted an ordinance was on the consent agenda to appropriate funds to testing and punching to see if there was free-floating material needing disposal. Ross noted, they were continuing discussions regarding additional soils from the tank removal. The soils which had been removed to the city shop were getting closer to being farmed, aerated, or fertilized(somethingother than bein burned . g ) KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 14 Ross added, at the next council meeting, there would also be a resolution for council's consideration to follow up on the soils at the shop in order to prove more costly remediation will not be necessary and that remediation could be done on site. Ross added, he believed it was a productive meeting and appropriations to carry out the city's end of the project would be before council at their next meeting. b. STP Scrubber - Ross reported, the STP had a scrubber which was outdated and no longer in use because liquid chlorine is no longer used at the plant. There is a place in Anchorage who will take the equipment for free if the city transports it to Anchorage at the city's expense. The ARFF has a desire to use it for confined -space training and would trade the equipment for confined -space training of city employees. The code allows the city manager to trade equipment and, Ross added, he would go forward with the trade with ARFF if no objections were received from council. Bookey asked, would the equipment become the property of the ARFF or the managing partners of the ARFF facility? Ross answered, the equipment would be given to the PRISM organization for training of city personnel. There were no objections from council. I-3. Attorney - No report. I-4. City Clerk - Freas noted the candidate list for the October 5, 1999 city election was as follows: Candidates for two, one-year terms: Bill Frazer, Barry Eldridge, Kevin McDonald and Pat Porter. Candidates for two, three-year terms: Duane Bannock, Linda Swarner, Don Gough and Ozzie Osborne. I-5. Finance Director - No report. I-6. Public Works a. Coastal Trail/Bluff Restoration Project - Kornelis reported the title had been changed to include "bluff restoration" on the project. Public hearings on the project will be called "workshops." Kornelis added, the first workshop was scheduled for August 24, from 7-9:00 p.m. in the council chambers. He added, there was a large number of interested citizens who will receive individual notices about the workshop. b. Forest Drive/Redoubt Avenue Project - Kornelis reported a reduction of water/sewer crossings was made to the project after the last plan review workshop. He added, the cost of the project rose and the city's portion of the cost was still in the $100,000 range. The crossings will be included in the bid as an additive alternate and would come back to the council for final consideration. Kornelis also reported the drainage design was also changed after the last workshop and would now go down Third instead of Second Street. KENAI CITY COUNCIL MEETING MINUTES' AUGUST 18, 1999 PAGE 15 Williams asked if Kornelis thought a loop would need to be installed in the future to alleviate pressure drop problems in that area. Kornelis answered yes, the crossings will be placed so they will be ready for future development. Bookey suggested those changes will require upgrades of main lines to the Mommsen Subdivision due to the current condition of the lines in that area and the increase in pressure on those Ines. I-7, Airport Manager - No report. Councilman Bookey asked if the carpet had been cleaned in the terminal building. Airport Manager Cronkhite answered, it had been cleaned over the weekend and although it looked much better, some of the stains remained. She noted, she had a lengthy walk-through with the contractor and noted areas of concern. She will continue to research what the cleaning will do and whether the life of the carpet can be extended. Cronkhite also reported they were considering the use of a type of carpet in the entryways which will scrub the soles of shoes as a person walks across the carpet. It was thought this cleaning in the entryways may help in the amount of dirt walked into the other carpet. Cronkhite added, the cleaning did not rid as much dirt and stain from the carpet as she had hoped, but replacing the carpet will be very expensive. She wants to make a good choice. Bookey suggested the carpet issue be reviewed again at budget time. He added, he wants the terminal to look good for the public next year. ITEM J: DISCUSSION J-1. Citizens - None. J-2, Council Bookey - Reminded a month or more ago, he voiced his concerns about the lack of watering taking place in the city. He added, he was very pleased with the center of Kenai at this time and hoped in the future a watering program would be implemented before it gets so dry. Bookey thanked the Parks & Recreation Director and his crew for attending to his concerns. Swarner - a. Flowers/Grass -- Agreed the flowers and grass looked much better. She added, she would like the city to look as good on July 1 as it did on August 1, with the mowing and cleaning (like the airport carpet, etc.) and the signs being placed. b. Evaluations -- Swarner requested evaluations be scheduled for the September 1, 1999 council meeting for the city manager, city clerk, and city attorney. She requested Clerk Freas to include evaluation forms in the council's packets so they will be able to complete them and bring them to the meeting. Swarner added, she believed the council owed it to their employees to meet with them individually. There were no objections from council. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1999 PAGE 16 Moore - No comments: Bannock - Noted the watering of the grass could also be attributed to the recent rainy weather. Bannock also requested a resolution of congratulations be brought forward for the Peninsula Oilers. Williams stated he would have a proclamation and resolution prepared. Frazer - No comments. Williams - Reminded council of the Safety of Navigation in Cook Inlet Forum scheduled for September 9 and 10. ITEM K: ADJOURNMENT The meeting adjourned at approximately 8 : 2 3 p.m. Minutes transcribed and prepared by: zr- me::�Mz L. Carol L. Freas, City Clerk � . CUE