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HomeMy WebLinkAbout1995-12-06 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 6, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Bill Coghill - Mikunda Cottrell/City Financial Statement and Audit. 2. Ron Rainey - LID Preliminary Request/Intervention with the Habitat Divisions of Fish & Game and Parks for Placing Structures Below Mean High Tide in the Kenai River. C. PUBLIC HEARINGS 1. Ordinance No. 1669-95 - Amending Kenai Municipal Code, Chapter 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. 2. Resolution No. 95-73 - Transferring $2,500 in the General Fund for Additional Money to Complete the Repair and Replacement of Christmas Decoration Transformers. 3. Resolution No. 95-74 - Authorizing the City Manager, Thomas J. Manninen, to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Signage Project in the Townsite Historic District and the Shkituk° Village Site of Kenai, Alaska. -1- 4. Resolution No. 95-75 - Transferring $8,000 in the General Fund for Additional Miscellaneous and Transportation Expenses in the City Manager Department. 5. Resolution No. 95-76 - Awarding the Bid for One Heavy - Duty Ambulance to United Fire Service, Inc. for a Lump Sum Amount of $127,513.00. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of November 22, 1995. F. G. OLD BUSINESS �i�i� i:Iikii1 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Assignment of Lease/Ed Wehrstein to Garrison Corporation, d/b/a Budget Rent -a -Car and Artha L. (Bonnie) Koerber. 4. Discussion - Kenai River Boardwalk Project. 5. Discussion - Alcohol and Drug Testing Policies. EXECUTIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager -2- 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION K. Citizens (five minutes) Council 0912 KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 6, 1995 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING 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 was taken by the City Clerk. Present were: Moore, Bannock, Smalley, Williams, Bookey and Swarner. Absent was Measles. Mayor Williams introduced jay Sweeney, the city's new finance director. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: I-2, City Manager's Report - Kenai Chamber of Commerce request for City $500 "Flyway Club" donation/Snow Goose Classic. ADD AS: Information Item No. 18 - 12/1/95 DEC letter regarding leased lot/former Kenai Aviation Services, Inc. Information Item No. 19 - Pull -Tab Vendor Registration/ Alaska Central Baseball League. Information Item No. 20 - 1996 Games of Chance and Contests of Skill Permit Application/Alaska Central Baseball League, Inc. MOTION: Councilman Smalley MOVED to approve the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. f=f CONSENT AGENDA Mayor Williams stated he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Bill Coghill - Mikunda Cottrell/City Financial Statement and Audit. Mr. Coghill referred to the financial statement and audit report forwarded to council with their packets. Coghill reported there were no exceptions, findings or questioned costs. The financial statement revealed the city is in excellent financial health and condition. The fund balances have increased throughout the year. There was a small decrease in sales tax. The summary letter, written by Finance Director Brown, is very informative and Coghill encouraged council to review it. Councilman Smalley referred to recommendations made last year to improve the overall procedures and asked if those problems had been satisfied. Coghill answered yes and added, the city has been excellent in internal control. Last year there were two nnmments made about purchase orders and travel vouchers procedures. There were none this year. Coghill added his appreciation of the work done over the years by Finance Director Brown. Coghill stated, Brown's expertise made his job easy. Also, that Brown ran the city's Finance Department very well. He also stated he was looking forward to working with Mr. Sweeney and hoped council would review the financial statement and contact him with any questions they may have. Williams thanked Coghill on behalf of the council for his firm's good work. Williams asked if there were any specific areas council should be aware of. Coghill suggested council read Brown's summary letter and to watch the sales tax decrease. If there is a large drop in sales tax, it would have a significant affect on the city. B-2. Ron Rainey - LID Preliminary Request/Intervention with the Habitat Divisions of Fish & Game and Parks for Placing Structures Below Mean High Tide in the Kenai River. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 3 Mr. Rainey distributed photographs of the bluff area on his property along the Kenai River (property in 1988, 1992 with a change in the walkway due to boat traffic in the area, and after the fall flood). Rainey stated he planned to apply for a permit to do a major project along his property (placing gabions) and referred to the information included in the packet. The cost of the project (which includes four lots) has been estimated at $200,000. Rainey requested council's consideration of an LID for the properties. Rainey referred to the information included in council's packet which outlined the project. Rainey added, city staff could discuss the project with Bill Nelson, the engineer who designed the project. Rainey explained he plans to submit the project to the Department of Fish and Game which has Exxon Valdez funding for waterway/ waterbody restoration projects. If his project is chosen he could receive 50% of the funding. However, he does not feel confident that he will receive the funding as Fish & Game is not fond of gabions or him. Rainey requested a resolution in support of his project to attach with his application to Fish & Game. Rainey also requested council to consider getting National Flood Insurance for the municipality. Williams reported that the Planning & Zoning Commission is researching the need for the City to acquire flood insurance. At this time, there has been no decision made. Also, the area of Rainey's property was the only area with flood drainage problems. Swarner asked Rainey if he intended the information included in the packet to be a petition of the property owners. Rainey answered yes. Swarner asked if the petition had been submitted to the City Clerk. Rainey answered no, but he planned to during the week. Smalley asked Kornelis if there was a dollar impact from the flood to either private or public property in the city. Kornelis answered there was damage to the storm drainage on Mission Avenue and to the parking area at the beluga outlook. FEMA will reimburse for some of those costs. Of private property damage, Kornelis was only aware of Rainey's problems. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 4 Williams reviewed the Kenai Municipal Code in regard to petitions for LID's and noted that if council wanted to go ahead with the LID steps, Rainey would need to submit his petition to the Clerk. Bookey stated he thought the resolution request and the LID petition were two different items. He added, he thought the council could go ahead with a resolution and Rainey should submit his petition. Swarner agreed. Moore asked if the improvements were made through an LID, does the city have the technology that the improvements will remain for twenty years or more. Williams answered that was what the city manager will report back to council according to the Code. Bannock stated he would also support a resolution to the agency for funding the project. Smalley agreed, adding he would wait for the city manager's report before going forward with any other decision. Attorney Graves stated Rainey needed to file his LID petition with the City Clerk and start the LID procedure. Rainey stated he would like to consider the petition filed with the Clerk, as it was submitted for inclusion in the packet. Williams asked Clerk Freas if she would accept the LID petition as submitted. Freas stated she would. Administration was requested to submit a resolution in support of Rainey's application to the Fish & Game for restoration funding. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1669-95 - Amending Kenai Municipal Code, Chapter 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1669-95 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 5 L1014 DE Moore: Yes Measles: Absent Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 95-73 - Transferring $2,500 in the General Fund for Additional Money to Complete the Repair and Replacement of Christmas Decoration Transformers. NOTION: Councilman Bannock MOVED for approval of Resolution No. 95-73 and Councilman Smalley SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. Bob Peters - Peters introduced himself as a resident of Old Town in Kenai. Peters asked if the $2,500 was for repairing the Christmas ornaments. Williams explained the funds were for repairing the transformers on the light poles. Parks & Recreation Director McGillivray further explained that all the l ,i_ght poles have transformers in their, however some are too small for the lights that are put up. Repairs to the transformers should be completed, however there are two or three poles which have dirt piled in front of them from the road project. They will not be able to get close enough to those poles to repair them and will not have decorations on them this year. A pole in front of Carrs is to be moved in the summer and they did not want to repair that transformer as they do not know where that pole will be placed. Williams explained that a few of the transformers have been repaired each year and this should complete the repair project. Moore asked if the $2,500 would cover the cost of repairing all of the poles or only the ones that can be reached. McGillivray answered, all the ones that can be reached. The others that cannot be reached this year will be repaired with next year's budget. VOTE: There were no objections to the request for UNANIMOUS CONSENT. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 6 C-3. Resolution No. 95-74 - Authorizing the City Manager, Thomas J. Manninen, to Submit to the State of Alaska an Application for a Federal Grant for a Historical Public Preservation Education Project for a Signage Project in the Townsite Historic District and the Shkituk' Village Site of Kenai, Alaska. MOTION: Councilman Smalley MOVED for approval of Resolution No. 95-74 and Councilman Bannock SECONDED the motion. There were no public comments. Smalley noted the size of the large sign did not agree with the Code allowances. Bookey asked if prior approval will be received from the property owners so not to offend anyone. Councilman Moore reported he asked Board members that question. They plan to ask permission to place the signs if the grant is obtained. Moore reminded council the grant would allow for a 60% reimbursement of costs of the signage project. The City will be responsible for 40% of the cost. Bannock added, the Rotary Club will be volunteering labor. Finance Director Sweeney noted that the granting agency will allow some value on the volunteer labor which may lower the city's portion. Smalley noted that a variance will be needed for the large sign. Swarner stated she would oppose the resolution to apply for the grant due to the sign code problem. She added, she would want to see a resolution to that problem. Williams added that problem was being discussed and reviewed by staff. Swarner added, she did not want anyone to expend a lot of time and energy on a grant application if the sign is illegal. Williams stated that if the sign was found not in compliance, steps could be taken to correct it. The grant application does not discuss specifically the size and detail of the sign project. Williams suggested the grant be applied for and the details be worked out. VOTE: Moore: Yes Measles: Absent Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: No MOTION PASSED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 7 C-4. Resolution No. 95-75 - Transferring $8,000 in the General Fund for Additional Miscellaneous and Transportation Expenses in the City Manager Department. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 95-75 and Councilwoman Swarner SECONDED the motion. There were no public comments. Williams requested an explanation for the request from City Manager Manninen. Manninen explained there were a couple of things that happened this year that were not anticipated, i.e. the interviews with two of the Finance Director applicants. They came into Kenai from Kotzebue and Sitka and he ended up going to Sitka. All three were not budgeted items. They were taken out of the city manager's budget, not other budgets and therefore he requested that be replaced for reasons for travel that was budgeted and still has to be done unless the council decides that the city won't be as active in legislative lobbying which was anticipated. Williams asked if it would be more legitimate to take $12,000 from an unencumbered balance in travel from the Finance budget. Would it be legitimate to take some of that money from Finance f rancnnrtatinn ,i_ntn the mananerfg i-ransnnrtation? Finance Director Sweeney stated he would do an analysis of balances and compliance and make a report available to the city manager. Williams asked if council wanted to authorize the transfer from contingency or wait until a report is made by the Finance Director. Swarner asked if there was money in finance for Sweeney's move? Williams stated he thought that was what Sweeney wanted to do. Wait until it is known how much he will need for his move and then make a report back to council. Manninen stated he thought the money ($12,000) that is there, part of it was money anticipated using for the moving of Mr. Sweeney and his household up here and is not being spent for other things but will probably be spent for the move eventually or most of it will. He believes if council is looking at that money, frankly as something to replace this, by the time it is all said and done, there may not be much left. Councilman Moore referred to the portion of the resolution in regard to the $3,500 in miscellaneous. Moore noted that increase would double the budget in miscellaneous. He reviewed the 94/95 KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 8 financial statement where $3,500 was originally budgeted and almost $7,000 was spent. Moore stated he was curious, in looking at the city information packet, the items contained in the miscellaneous expenses were items such as Chamber dues, AML dues, subscription and publication costs. Moore asked if those items were not known prior to the budget time or have there been unexpected increases in those items. Manninen stated he probably missed the budgeted amount and put in what was budgeted last year. He had an adjustment last year too. Williams added, he remembered the City Manager's budget also had been adjusted last year. Smalley referred to the additional revenues for the Juneau legislative session, and asked if that was something that should have been anticipated as it was discussed at budget time being more effective in Juneau. Council makes their decision at budget time as to the amounts in the budget and are concerned when additions to budgets must be made. Williams reminded council that when Manninen was hired, it was anticipated that his efforts in Juneau would be greater. Williams added, he believed what may have happened was that council probably did not fully budget for the anticipated increased effort in Juneau in last year's budget: An addition needed to be made at that time. In this year's budget, it was an error in not accounting for that needed increase. Williams added, he believed the council did not review the city manager's budget closely enough. k1fol 02F Moore: Yes Smalley: Yes Swarner: Yes Measles: Absent Bannock: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-5. Resolution No. 95-76 - Awarding the Bid for One Heavy - Duty Ambulance to United Fire Service, Inc. for a Lump Sum Amount of $127,513.00. MOTION: Councilman Bookey MOVED for approval of Resolution No. 95-76 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 9 There were no public comments. Councilman Smalley noted the bid cost was lower than what was initially discussed would be the cost a few years ago. At that time, it was thought the cost for a new ambulance would be $125,000. Smalley asked if there was a potential for reimbursement. Fire Chief Burnett answered he did not anticipate getting any reimbursement from the state, although they will continue pursuing grant money. The truck will be transported by barge. Burnett further explained there were four exceptions listed with United Fire Service, Inc.'s bid. They were minor exceptions. The other bidder listed 30+ exceptions. This ambulance has a larger chassis and more heavy-duty. It should last longer. Williams asked what they would do with the retiring ambulance. Burnett answered they had not decided as yet, however, if they give it away, he believed it should be advertised to other communities in need of an ambulance. Smalley stated he would support finding a community in need. Bookey stated he was concerned about the funding for the original purchase and that donation of the retiring ambulance should be a different discussion. Williams sunrraatarl that the retiring ambulance be kept as a back- up ambulance for use at football games, etc. Burnett stated there is no room in the fire hall for storage of the old ambulance and it would not be good for it to be stored outside. Burnett added, the new ambulance should be delivered in May. VOTE: Moore: Yes Smalley: Yes Swarner: Yes MOTION PASSED BREAK TAKEN: 7:58 P.M. BACK TO ORDER: 8:10 P.M. Measles: Absent Williams: Yes ve Bannock: Yes Bookey: Yes KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 10 ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a meeting was scheduled for 10:00 a.m. on Tuesday. Also, Mr. Grasso visited the Center and updated the seniors and administration on the assisted living complex. Councilman Smalley asked if administration discussed with Grasso about the piece of property to be used for the condominiums and utilizing the entire piece of property if a commercial zone is not going to be developed into a larger piece. Williams noted Clerk Freas had talked with Grasso and requested a report. Freas explained that an ordinance would be introduced at the next council meeting to determine property not needed for public purpose. If introduced at the December 20 meeting, the public hearing would be held on January 3. Mr. Grasso and Ms. Robbins want to attend that meeting to give a discussion on the condominiums and an update on the living center. Grasso wanted to be sure that most of the council would be in attendance and that Planning & Zoning Commission members would be invited to attend the meeting as well. Grasso is not planning on being in attendance at the January tenth meeting, and did ask if there was a possibility that the P&Z meeting could be changed to be close to the council meeting and that he and Robbins would be available to answer any questions either meeting discussion might bring forward. Grasso will be calling again on Tuesday. A decision from council as to changing the P&Z meeting date could be made at their December 20 meeting. Senior Center Director Porter explained that the poinsettias placed on the counter for council were given to them by the Senior Connection in appreciation of council's continued support of the senior programs. D-2. Airport Commission Airport Manager Ernst reported the next scheduled meeting would be December 14. Williams suggested council consider adding money to the budget for additional Christmas decorations throughout the airport. Ernst stated that the renters put up decorations in their own areas. Ernst added, he could have decorations placed in the terminal windows if council wished. Williams requested lights be put up. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 11 D-3. Harbor Commission Councilman Bookey reported the scheduled for December 11. He and invited another member of his place. D-4. Library Commission next meeting of the Commission was will be out of town at that time council to attend the meeting in Councilman Moore reported the Commission met December 5. The focus of the meeting was the building expansion. The Commission set a Goals & Objectives Committee to decide what is needed for the library and base the expansion goals on the needs. Two members of the committee will be from the Friends of the Library. The Commission's member to the committee will be Kevin Benson. Moore reminded council of the Library's annual Open House scheduled for December 14. Moore also referred to a copy of Environmental News which was distributed to council at the beginning of the meeting. In the News there appears an article in regard to the contaminated soils, etc. at Wildwood. Moore reported that much of the information was found through research at the Library. D-5. parks & Recreation Commission Councilman Bannock reported the next meeting was scheduled for December 7. D-6. Planning & Zoning commission Councilman Smalley reported the next meeting would be held on December 13. D-7. Miscellaneous Commissions and Committees Historic District Board - Councilman Moore reported the minutes of the last meeting were included in the packet. A memorandum also was included in the packet requesting the Board's next meeting be changed from December 26 to December 19, however there may not be enough members attending to have a quorum. There are only five members remaining on the Board since the resignation of Wanda Carlson and Roger Meeks. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 12 Williams suggested the Board members find other members of the community to apply for appointment to the Board. Williams also requested a letter be sent to the Board members requesting they try to find applicants and also forward information in regard to the criteria of the Code for membership and attendance. Williams referred to the minutes in which the attendance letter was discussed by the Board. Bannock added, he read the minutes as well. Bannock stated that the Planning & Zoning Commission has had members who resigned from the Commission due to job restraints. If someone cannot make the meeting, there are others on the commission to attend and make the quorum. Council decided that the meeting date should not be changed if it was doubtful that there would not be a quorum anyway. If there are applications submitted to council for appointment to the Board at the December 20 meeting, there may be enough members available to make a quorum. If no applications are received and there won't be a quorum, Clerk Freas is to bring it to council's attention at the December 20 meeting and council will cancel the December meeting of the Board at that time. Moore noted the request (included in the packet) for the Board to schedule a joint work session with other commissions. Council had no objections, however it was requested the other commissioners be invited by memorandum which indicates what will be discussed. Challenger Steering Committee - Williams reported the next scheduled Steering Committee meeting was scheduled for December 7 at the Flight Service Station. Williams reported that two of the committee's members will travel to Seattle to go through a Challenger Learning Center there. Williams also reported that Seafirst Bank in Seattle will be sending bank employees as a learning tool. Legislative Information Office - Williams noted that the LIO would be holding an open house on December 7. Economic Development District - Williams also noted that the EDD would also be holding an open house on December 7. Council/Legislator Luncheon - Williams reminded council and meeting attendees of the council/legislator luncheon scheduled KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 13 for Friday, December 8 at the Merit Inn at 12:00 noon. They will be discussing the upcoming legislative session and the city's requests for funding. Kenai Peninsula Municipal Coalition - Williams reminded council of the 10:00 a.m., December 7 meeting of the Coalition. The meeting would be held in the Borough Assembly chambers. ITEM E• MINUTES E-1. Regular Meeting of November 22, 1995. Approved by consent agenda. ITEM F• None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley 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: Councilman Smalley MOVED to pay the purchase orders over $2,500 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-3. Approval - Assignment of Lease/Ed Wehrstein to Garrison Corporation, d/b/a Budget Rent -a -Car and Artha L. (Bonnie) Koerber. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 14 Attorney Graves reported administration had no objections to the assignment of lease. 0*0]�F3 Councilwoman Swarner MOVED for approval of the assignment of lease from Ed Wehrstein to Garrison Corporation, d/b/a Budget Rent -a -Car and Artha L. (Bonnie) Koerber. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-4. Discussion - Kenai River Boardwalk Project. Williams referred to the information from the State Department of Fish and Game, Habitat and Restoration Division which was included in the packet. The cover letter discussed funds that were made available to Fish & Game and the Department of Natural Resources from the Exxon Valdez Trustee Council to conduct restoration projects that affect public lands on the Kenai River. In the cover letter, the writer (Mark Kuwada) requested suggested projects from the city. Williams asked council if they wanted to pursue developing the boardwalk through this program. Swarner stated she thought the boardwalk project would be acceptable, however felt upgrading Cunningham Park would be better. Bookey stated he felt both those projects were good, but suggested the dune destruction and problems at the mouth of the River were move visible and viable than either of the previously suggested projects. Kornelis reported he had read through the material and found that much of the suggested restorative work could include walkways to beaches, stairs, signage, etc. which were discussed as ways to protect the dunes and mouth of the River. Councilman Smalley suggested asking Kuwada if stabilization of the bluff would be a viable project. Williams requested administration to contact Kuwada and ask if bluff stabilization would be an acceptable project. If so, add it to the list of suggested projects: dune protection, etc. at mouth of the River, upgrade of Cunningham Park and bluff stabilization. Forward the suggested projects to Fish & Game. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 15 H-5. Discussion - Alcohol and Drug Testing Policies. Williams requested Manninen to discuss this matter as he was reluctant to give direction without having the concurrence of council, etc. Manninen explained the concerns that they have are basically questions that are included in the information in the packet and the discussion of personnel policy related decisions and what triggers those decisions such as alcohol concentration of .04 or greater and whether that means there would be some type of disciplinary action taken automatically, and if so, what that would be. Or, if it would mean automatic severe disciplinary action, such as termination. Basically, it is getting to an employee assistance program that may be required to follow through with the policies if they are put in place as required on January 1, 1996 for people with CDL's. Those are the people in the Department of Public Works, but not required automatically for police and fire. Williams suggested that administration should present a developed policy for council to review. The policy could be developed with the language necessary for each of the questions being asked and bring it back to council for review and possible action. Bookey stated the private sector law is pretty straight forward and he would like to have the city policy follow the private sector law. Manninen stated he understood council's request for administration to bring back a policy at the next council meeting and say this is the suggested policy for handling this issue and then discuss the policy instead of answering each question which was included in the packet memo. Williams answered yes, because there are ramifications that council is not aware of in regard to what the law allows, etc. Councilman Bannock agreed with the request for administration to bring back a policy. Bannock referred to the last paragraph of the memo included in the packet where it states that only those who will be tested will be those requiring a CDL. Bannock stated he disagreed with that and felt it would discriminate and the policy should apply to the entire work force. He supports the policy, but would like to see it for everyone. Smalley agreed the policy should not apply to only selected employees. Attorney Graves disagreed and added, there are limits to what the city can do as far as drug and alcohol testing for KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 16 government employees. The Supreme Court, when approved testing for private employers and employees, said they had their doubts as to whether it would be allowable for all government employees. Generally, it has been allowable for safety sensitive positions because of the need to protect the public. The general consensus is if there is a secretary or administrator who is not doing a safety -sensitive position, there would be a lot of questions of whether they would be required to have the testing. Graves added, it may not be fair, but it is the consensus of the opinion in Alaska. Williams asked if then the private sector could develop a policy that would apply to all their employees regardless of the job description, but the government sector cannot develop a policy with regard to all of its employees regardless of the job description? Williams stated he disagreed with that. Graves stated it may not be fair, but it is the law. Private employers can fire on the spot if they feel they have cause. The laws in public employment say the employer must be given a hearing before firing and if that is not done, the government will be liable for damages. The standards are different. Graves added he feels there are areas where testing could be done, where the plan says not to test like police and fire, even though they don't have CDT,fs, but are safety -sensitive positions. Graves stated he did not think testing any governmental employee could be done. Smalley asked if testing could be done on any governmental employee that operates a city vehicle because of the safety factor? Councilwoman Swarner stated she would like the policy to include as many city employees as the law will allow. She added, she was surprised that the fire employees are exempt and feels they should be included as their work is safety sensitive. Councilman Moore questioned, when receiving federal money, do all employees need to sign a Drug Free Workplace Act and whether that Act is in place at this time. It is part of the grant requirements. Smalley asked Attorney Graves if it seemed logical that if an employee operates a city vehicle, it is a safety -sensitive situation? Graves answered, it is a point to consider. The Alaska Supreme Court, when it approved the Neighbors Drilling case, allowing drug testing in the private sector, it was stated that they did not have to deal with the public sector other than KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 17 requiring testing for safety -sensitive issues. They did not define it closely. He will research other cases that he can review and tailor the policy along those lines. Smalley asked that it be a consideration when writing the policy. Administration was directed to bring back a written policy for the next council meeting. EXECUTIVE SESSION None. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. National League of Cities Conference - Williams gave a short report of his attendance at the NLC Conference. He was particularly interested in the Worldwide Web information and the possibility of whether the city should consider connection into the system. Williams requested council direct administration to set a committee of two to three employees interested in computers to examine the issue. Williams suggested the city could have a page on the Web and include information from the Information Manual. Swarner and Smalley agreed with Williams' idea. Administration was asked to set a committee and investigate the possibilities. b. Student Government Day - Williams reminded council that January 3 has been set as Student Government Day. C. Games of Chance/Contests of Skill - Williams thanked Attorney Graves for the information he included in the packet as to communities in the state who have taxed earnings from the sale of pull -tabs, bingo games, etc. Graves was asked to find out from those communities who have taxed the games, what amount of tax money was generated. Clerk Freas reported she wrote and requested information from the Department of Revenue in regard to the applications in the city and amounts of monies the applicants made through their sales and games. Freas added, she was told that they will supply a list of applicants and a gross amount. They cannot divulge the actual amounts as it is not public information. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 18 I-2. City Manager a. Kenai Chamber of Commerce - Manninen referred to a letter from the Chamber which was added to the agenda at the beginning of the meeting. The letter requested a one-time $500 donation for the Snow Goose Classic for the Chamber. Manninen explained, basically, it would make the city one of the Flyway Club charter members. It would be a one-time membership for $500 and the guaranteed purse (by Tesoro Alaska) this year is $10,000 for 1996. The oil service companies, financial institutions and various businesses which are members of the Chamber are being solicited for this to be one-time members to get the Snow Goose Classic Flyway Club operation going. There's going to be one huge ten foot goose in town, several businesses with ponds of sand and geese on them. The sales will be done at these various business places and will be capped off in January with the annual Snow Goose ball. If the city considers being a member of the Flyway Club, he was designated to make the request. Councilwoman Swarner suggested waiting to see if other businesses in town participate. Manninen added he spoke with one of the banks and they will be giving a donation of $500. Bill Stamps, Bill Coghill, Bill Kluge, Llovd Johnson, and himself are on the committee and will be contacting people randomly. Bill Stamps stated he has had two or three oil service companies commit. The deadline is a week from Friday. Councilman Bannock asked if the city had budgeted money to give to the Chamber. Swarner answered the city pays dues. Williams added the city used to budget funding to the Chamber, but stopped when the Visitors Center opened. Funding now goes to the Visitors Center. MOTION: Councilman Bannock MOVED to contribute the sum of $500 and become a sponsor of the Flyway Club. Councilman Smalley SECONDED the motion. Councilwoman stated she would like to see a list of other donors. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 19 b. Water Well - Manninen reported that this item, which everyone has been concerned about and over the last three years has been number one on the priority list and still is, is the city's water well. The latest information from Public Works and the well drillers is that water well No. 3 was tested at 1,000 gpm. The test results are not in yet, but the pumping is there at 1,000 gpm. The chemical tests have been sent out and should be back within one or two weeks. Hopefully the city will get some quality water but won't know until the tests are back. Manninen added, the new casing is down 420 feet (70 ft. of screen and 350 ft. down) Smalley asked how the flow compare to the well where the casing was lost. Kornelis answered they had not progressed that far on that well. Kornelis added, the city was hoping for 1,200 gpm, but 1,000 will be plenty. It could be better when the actual production pump is set. C. EDD - Manninen reported the EDD will have a meeting tomorrow and has requested that Mayor Williams be there at 5:00 p.m. for a presentation -- a thank you for the donation the city gave. I-3. Attorney Attorney Graves informed council he will be taking annual leave for ten days in January, but will not miss any council meetings. I-4. City Clerk No report. I-5. Finance Director Finance Director Sweeney stated he was pleased to have been selected as the new finance director. He added, he looked forward to filling Mr. Brown's shoes and to giving the quality work the city was used to. I-6. Public Works Director a. Spur Highway Project - Public Works Director Kornelis referred to Information Item No. 18 which was his letter to DOT KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 20 delineating concerns of council in regard to traffic lights, barricades/markers, and signs. Kornelis added, he had not received an answer from DOT as yet. b. STIP Plan - Kornelis informed council he met with members of the State Planning Department from Anchorage and Juneau at which time they discussed the needs list. Kornelis added he received a copy of the list and he would have more information in the next packet. The city has until January 8 to comment on the list. C. Spruce Beetle Kill Trees - Kornelis referred to Information No. 7 was a copy of his letter to Section 36 property owners asking for their input about removal of beetle kill trees from that area. He has not received any responses. d. Timber Harvesting - Kornelis informed council of a meeting on December 7 at the Kenai Merit Inn in regard to timber harvesting. He will be attending the meeting. e. sign Permits - Kornelis referred to Information Item No. 14 regarding steps in acquiring sign permits. This was information council requested at a previous meeting. f. wildwood Facilitv Ground Contamination - Kornelis informed council a public hearing will be held at the Visitors Center on December 13 regarding Wildwood contamination. The hearing will be conducted by the Corps of Engineers. He and Engineering Technician Clark will be attending. g. Congregate Housing Solarium - (Information Item No. 10) Kornelis referred to his letter to Blazy Construction in regard to extension of time for construction of the solarium. Kornelis stated he told Blazy he would bring the matter to their attention. There were no council comments. i. Mission Street Improvements - Kornelis reported a public hearing would be held on December 19 in regard to the Mission Street improvements. Letters containing the hearing information were sent to property owners and Historic District Board members. They hope to discuss the street route and rights - of -way. There are funds in the STIP program for the improvements. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 21 Williams asked if the Forest Drive project was on the STIP list. Kornelis answered yes, however the listings and classes of roads have changed. Forest Drive is listed now as a Class 3 road. I-7. Airport Manager a. Airport Towing - Airport Manager Ernst reported he terminated the contract with Protec Towing (towing cars from the airport parking lots) due to that company not being able to obtain the required insurance. In the interim, Guardian Security, during their route, has been checking for cars parked illegally at the airport and calling Jackson Sales and Service to impound them until the first of the year when an RFP can be put out. If this arrangement works well, and because there are not many vehicles being impounded anymore, he would like to continue this arrangement in lieu of an RFP. The arrangement has worked well because the towing company does not have to send someone to the airport to check the lot during the early hours of the morning. Guardian is on the airport for their security checks during that time, they consented to do this. b. Aircraft Firefighting Facility - Ernst reported that he and Fire Chief Burnett would be traveling to Dallas/Fort Worth to tour the aircraft firefighting facility there. Their facility is the same as what has been proposed to be built along Marathon Road. Williams remarked that the city had come full circle in regard to the airport towing. At first Jackson was the preferred towing company and the city decided to go to bid for the service. Costs for towing companies include the towing vehicle, insurance, cost for a driver, etc. Williams asked if council would consider allowing Jackson to do the towing since the job has come back to him after four other businesses either went out of business or left the state. Ernst stated there is no reason why the city would have to go to bid for the towing service as there is no monetary benefit to the city. Attorney Graves agreed the city does not make income from towing the vehicles. Ernst added that Jackson also has a yard close to the airport. Williams agreed and asked that as long as Jackson was in business, as long as he does not do anything detrimental to the city, that the city should just use him. Bookey asked if Guardian would continue to check the lots and call Jackson if vehicles are needing towed. Ernst stated he did KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 22 not think a contract would have to be done. Swarner, Smalley and Bookey stated they were comfortable with that arrangement. Councilman Bannock asked if the job were assigned to Guardian and the city does not tell Guardian who to tow the car, then the city has no problem with whomever tows the vehicle. Bannock stated he would have a problem with saying that unequivocally that Jackson is the city's towing company. If the city is not in an equitable condition for the tows, the only concern for the city should be that the car be towed. Guardian could have whomever tow the vehicle that they wanted. Williams stated he understood Bannock's concern, but that the city has dealt with every towing company in the city. Bannock again stated he would have a problem with the city telling Guardian what company to call to tow. Bookey asked if the city should have some way to be sure that the company who will be towing the vehicles is legitimate, has a proper place to hold the vehicle, etc. because the city would, in the end, be liable. Williams agreed and the company should operate within the city of Kenai. �d another problem is the people who are being impou_ w;rhout having a particular towing company, the notification is almost impossible when those people want to know where the vehicle is being held. Williams stated that Ernst should make a deal with Guardian that best suits Ernst and the City. ITEM J: DISCUSSION Citizens a. Emily DeForest - DeForest spoke in regard to the environmental meeting to be held on December 13 regarding the Wildwood Facility. Those persons researching the Wildwood property spent about two weeks at the library looking through records, etc. DeForest added she hoped someone from the city would attend the meeting. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 6, 1995 PAGE 23 J-2. council Bookey - a. Bookey reported he appreciated the story which appeared in the Peninsula Clarion in regard to the Kenai Police Department and the drug/alcohol awareness program. b. Bookey referred to the DEC letter which was added to the agenda as Information Item No. 18. Mayor Williams stated he would speak to it. C. Bookey requested a calendar for the wall by his seat for 1996. Swarner - a. Swarner reminded council of the library open house and invited council to her family open house on Sunday, December 17. Moore - Moore noted that the City of Soldotna had been advising citizens to leave water running in their faucets to help in preventing water lines freezing. Moore asked if that was a problem in Kenai. Kornelis stated, so far there was not a problem. With older service lines, there could be a problem. They will make an announcement if there is need. Bannock - No report. Smalley - a. Reminded council that they had discussed having an open meeting in regard to off -road vehicles. b. Smalley stated he was happy to see Information Item No. 16, a letter from DEC stating that no further action is required in the remediation of the contaminated soils at the court house. Williams - Mayor Williams referred to Information Item No. 18, which was added to the agenda at the beginning of the meeting. The item was a letter from DEC in regard to the city property which was formerly leased to Kenai Aviation Services, Inc. The property contains underground fuel storage tank systems. Williams read from the last paragraph of the letter wherein DEC stated they were "confident that a plan and schedule for closure can be developed that will fit into your overall facility work plan." Williams suggested council direct administration to move in a fiscal and astute manner in working with the DEC Storage Tank Program group and be very careful as to committing any major funding to the project, but see what can possibly be done in a cooperative manner to bring the matter to conclusion. KENAI CITY DECEMBER 6, PAGE 24 ITEM K• COUNCIL MEETING MINUTES 1995 The meeting adjourned at approximately 9:40 p.m. Minutes transcribed and submitted by: Carol L. Ereas, City Clerk BY COUNCOL Fv