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HomeMy WebLinkAbout1999-04-07 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING APRII. 7, 1999 ?: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. Charles K. Cranston -- Kenai Peninsula Youth Court 2. Richard DeMello -- Project Spur Presentation ITEM C: PUBLIC HEARINGS 1. Resolution No. 99-15 -- Transferring $32,000 in the Airport Land System Special Revenue Fund for Repairs at the Flight Service Station. 2. Resolution No. 99-16 -- Awarding the Bid to Blazy Construction for the Kenai Automated Flight Service Station - HVAC Replacement for the Total Amount of $107,939.20. 3. Resolution No. 99-17 -- Awarding the Bid to Emmett Koelsch Coaches, Inc. for a Senior Center ADA-Accessible Activity Vehicle for the Senior Center for the Total Amount of $44,724.00. 4. * 1999 Continued Operation of Liquor License -- OBJECTION WITHDRAWAL -- Alaskalanes, Inc. 5. * 1999 / 2000 Liquor License Renewals a. Kenai Joe's -- Beverage Dispensary b. Peninsula Moose Lodge # 1942 -- Club C. Rainbow Bar -- Beverage Dispensary \ 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 &Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of March 17, 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. 1815-99 -- Amending Kenai Municipal Code, Chapter 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. 4. *Ordinance No. 1816-99 -- Finding that Certain City -Owned Land Described as That Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska is Not Required for a Public Purpose for the City of Kenai and Can Be Donated to the Kenai Peninsula Borough. 5. *Ordinance No. 1817-99 -- Amending KMC 14.20.185 By Adding a Section Which Would Provide for an Administrative Exemption for Encroachments of Up to a Total of Twelve (12) Inches. 6. *Ordinance No. 1818-99 -- Amending the Development Requirements Table of KMC Title 14 by Adding a Provision for an Administrative Exemption for a Reduction of Up to a Total of Twelve (12) Inches From the Setback Requirements. -2- 7. *Ordinance No. 1819-99 -- Finding That Certain City -Owned Lands, Described as Six Lots in Salty Dog Heights Subdivision Located in Sterling, Are Not Required for a Public Purpose. 8. *Ordinance No. 1820-99 -- Increasing Estimated Revenues and Appropriations by $114,000 for the South Spruce Street Parking Project. 9. *Ordinance No. 1821-99 -- Increasing Estimated Revenues and Appropriations by $26 1,000 for Site Work to Facilitate the Construction of a Multi -Purpose Facility. 10. *Ordinance No. 1822-99 -- Increasing Estimated Revenues and Appropriations by $344,970 for the Purchase of a Multipurpose Airport Broom. 11. Approval -- Consent to Assignment of Lease from Kenai Airport Fuel Service, Inc. to Yukon Fuel Company, Inc. / Lot 3A 1, FBO Subdivision South Addition, No. 2; and Lot 4, Block 1, FBO Subdivision. 12. Discussion -- Set Budget Work Sessions 13. Discussion -- Kenai Little League Request for Use of FAA Mobile Home - Type Building. ITEM I: 1. 2. 3. 4. 5. 6. 7. ADMINISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Airport Manager DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING APRIL 7 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 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: Williams, Bookey, Swarner, Moore, Measles, Bannock and Frazer. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: I-11 4/6/99 JW letter to Marco Pignalbery regarding city land formerly leased by The Continuum Corporation for assisted living facility. Williams explained, he had been notified by the previous developers that they had found additional partners and they requested the letter be forwarded to Pignalbery. He added, the letter to Pignalbery noted the city was still interested in having an assisted -living facility on the property and also discussed the city's leasing procedures. Williams stated, he would be requesting council's approval to send the letter. MOTION: Councilman Bannock MOVED for approval of the agenda as amended. There were no objections. SO ORDERED. A-4. CONSENT AGENDA REMOVE FROM CONSENT AGENDA AND SUBSTITUTE: H-5, Ordinance No. 1817-99 -- Amending KMC 4.20.185 by Adding a Section Which Would Provide for an Administrative Exemption for Encroachments of Up to a Total of Twelve (12) Inches. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 2 REMOVE FROM CONSENT AGENDA AND SUBSTITUTE: H-6, Ordinance No. 1818-99 -- Amending the Development Requirements Table of KMC Title 14 by Adding a Provision for an Administrative Exemption for a Reduction of Up to a Total of 'Twelve (12) Inches from the Setback Requirements. MOTION: Councilman Bookey MOVED to remove Ordinance No. 1820-99 from the Consent agenda and place it on the regular agenda for discussion. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. Williams asked Councilman Bannock if he wanted Ordinances No. 1817-99 and 1818-99 removed from the consent agenda and substituted with Substitute Item H- 5, Ordinance No. 1817-99 and Substitute Item H-6, Ordinance No. 1818-99. Bannock answered yes. MOTION: Councilman Measles MOVED to approve the consent agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Charles K. Cranston -- Kenai Peninsula Youth Court Cranston thanked council for their support of the Kenai Peninsula Youth Court and distributed information of matters the Youth Court had undertook during the year. He noted, the city's financial support helped to finance the computer update used to compile the information distributed. Cranston gave an overview of cases forwarded to them by FDYS. Tomanika Haynes-- Reported she was running for Youth Court President. She noted, she had attended two Youth Court Conferences in the past, one out-of-state and one in -state. In attending those conferences, she learned how youth courts work out of state and added, their organization had been making changes to their constitution through what they learned at the conferences. Cranston added, over 100 youth had been trained for Youth Court since their first year. The first National Youth Court Conference was scheduled to be held in Anchorage on May 11-13, 1999. Their organization would like to send five of their students to Anchorage for the conference. Costs for transportation and tuition would KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 3 cost $450 for the five who would be attending. He added, he thought the Conference would be an excellent way for Kenai representatives to get to know other Youth Court participants. He requested support from council for sending the five representatives to the conference. Cranston also noted, through the efforts of the Kenai Peninsula Youth Court President, a federal grant was received to initiate a statewide Youth Court Association. Julie Jenks -- Explained she was the secretary for the local Youth Court and was now running for Vice President. She felt it would be a good idea for representatives of the local association to attend the conference in order to better learn how to work with referrals. Mayor Williams stated he personally supported the efforts of the Youth Court and asked what the return would be to the community if council made an additional donation in comparison to the cost when a case goes to the regular court. Cranston explained a case that goes before the Youth Court would be one that would go before the Superior Court. There is no cost to the community when the case goes to the Youth Court. A Superior Court case would require costs to pay the judge, assistants, prosecutors, defenders, jury pools, etc. Plus, sentences from Youth Court are community service which involves thousands of hours given back to the community. Swarner asked if other communities on the Peninsula had been asked for support. Ginny Espenshade answered, they had received funding in the past from the City of Soldotna. The Homer Youth Court would be requesting support from the Homer City Council. She added, since they would be taking only representatives from Kenai, they did not plan on requesting funds from the other communities on the Peninsula. MOTION: Councilman Measles MOVED to grant the request for $450 to the Kenai Peninsula Youth Court. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. B-2. Richard DeMello -- Project Spur Presentation -- Not present. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 99-15 -- Transferring $32,000 in the Airport Land System Special Revenue Fund for Repairs at the Flight Service Station. MOTION: Councilman Measles MOVED for adoption of Resolution No. 99-15 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 4 There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-2. Resolution No. 99-16 -- Awarding the Bid to Blazy Construction for the Kenai Automated Flight Service Station - HVAC Replacement for the Total Amount of $107,939.20. MOTION: Councilman Measles MOVED for adoption of Resolution No. 99-16 and Councilman Bookey SECONDED the motion. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-3. Resolution No. 99-17 -- Awarding the Bid to Emmett Koelsch Coaches, Inc. for a Senior Center ADA-Accessible Activity Vehicle for the Senior Center for the Total Amount of $44,724.00. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 99-17 and Councilman Moore SECONDED the motion. There were no public comments. Councilman Moore asked how many passengers the bus would seat versus the 15-passenger raised roof van. Senior Director Kelso answered, it would seat more passengers. She noted, the main intention of purchasing this vehicle was for wheelchair accessibility. Kelso referred to the bid price of the vehicles and noted her first reaction was looking first at the 15-passenger van, thinking because it was a local business and 15 passengers could be serviced. However, in reviewing closer and what would need to be done to transport people in wheelchairs, only two wheelchair passengers and one other passenger would be able to be transported. She noted there was a problem with clearance involved with the mini -van and wouldn't service as many people as the bus. Kelso passed out a schematic of the bus for council to review. She noted, she was impressed with the bus. Councilman Frazer stated, it was his understanding the 15-passenger van, with two wheelchairs, would still be a nine -passenger van, plus the driver. Kelso stated she was referring to the information she received from the shop manager. She added, to be ADA- KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 5 compliant, three bench seats would need to be removed in order to allow enough room for the wheelchairs. Frazer stated his concern was the price difference, the bus company was a Seattle firm, repairs, and who pays for them, etc. Building Official Springer stated the passenger capacity of the bus was two wheelchairs and 12 passengers; the 15 passenger van with the raised roof, from what he had been told, was two wheelchairs and three passengers, not counting the driver. He added, the mini -van would hold two wheelchairs and only two passengers. Bookey asked what had been the intent of bidding the bus, the 15 passenger van and the six passenger van. Kelso answered, council appropriated the funds several months ago and a bid was advertised for the bus. All the bids came over the amount appropriated. The bid was re -advertised with more time to respond, and several scenarios were offered, hoping for a bid to come in under the amount appropriated. She added, the bus bid was lower and was under the amount appropriated. Kelso added, they were thinking long term and ease of use. Bookey stated he felt the three scenarios on the bid made it confusing. Moore asked what type of lift would be included with the bus, i.e. rear entry, side entry, etc. Kelso answered, the entry would be at the back side of the bus. Moore noted, he had ridden in this type of bus with wheelchairs and would rather ride in this type of bus than in a 15 passenger van. He noted, he would support the motion as made. Measles asked at what point in gross vehicle weight or passenger count was a CDL required for the driver. Springer answered, it was based on the amount of passengers in a vehicle. Measles asked if a CDL would be required to operate the bus. Springer answered no. Williams noted, there had been interest in the area to develop a transportation system and with this bus, the city could possibly join forces with the transportation group. He suggested there could be operational funds to draw from the group. Kelso explained, they had already been giving that some thought and believed the present wheelchair -accessible van could be donated to that cause with council's approval. Bannock stated, according to the safety person at Laidlaw, whether or not a CDL is required is determined by the maximum potential of seats and that was 15, including the driver. He requested the representative from Kenai Chrysler speak in regard to the seats available in the 15 passenger van. Jack Vicose, Kenai Chrysler Center -- Vicose explained the 15 passenger van would have a rear entry for wheelchairs and could accommodate two wheelchairs. He added, to hold one wheelchair, the back bench seat (which holds four passengers) would be removed; for two wheelchairs, the two back bench seats would need to be removed. Moore asked if seats would have to be removed to accommodate KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 6 wheelchairs on the bus. Kelso answered no. Kelso added, it was difficult for their drivers, because they are seniors, to remove the seats in the vans to accommodate wheelchairs. Swarner asked if seats would have to be removed from the bus to accommodate wheelchairs. Kelso answered, if they were removed, it would be only once. She added, she anticipated leaving the bus with the two wheelchair capability and still have room for 12 passengers. Swarner asked if the 15 passenger van was purchased, seats would have to be moved in and out. Kelso answered, if she always wanted the capability of transporting two people in wheelchairs, only four additional passengers could be transported. Bannock stated it would be seven and the two wheelchairs and the driver. Frazer asked if there was need for two wheelchairs in the same van. Kelso answered, with the population becoming more and more frail, she was trying to project what their needs would be in the future as well as the present. She added, two people in wheelchairs could be transported regularly. VOTE: Councilman Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-4. 1999 Continued Operation of Liquor License -- OBJECTION WITHDRAWAL -- Alaskalanes, Inc. Approved by consent agenda. C-5. 1999 / 2000 Liquor License Renewals a. Kenai Joe's -- Beverage Dispensary b. Peninsula Moose Lodge # 1942 -- Club c. Rainbow Bar -- Beverage Dispensary All were approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the Council's next meeting was scheduled for April 27 at 10:00 a.m. She noted, the Center was beginning once -a -month trips to Anchorage and to the library. D-2. Airport Commission Councilman Measles reported the minutes of the last Commission meeting were included in the packet. The next meeting would be held on April 8. He noted, he KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 7 would be out-of-town and unable to attend the meeting. Councilman Bannock offered to attend the meeting for Measles. D-3. Harbor Commission Councilman Bookey reported the next meeting was scheduled for April 12. D-4. Library Commission Councilman Moore reported the Library Commission met on April 6 at which time they were given a presentation of the preliminary report on the Library survey. He noted, although the results were being compiled, many of those included in the report shadowed the City's survey. Moore also reported the Commission passed a motion to recommend a $10.00 fee be charged for inter -library loans for non- residents. He noted, because the City of Kenai was the only library in the area that didn't charge for inter -library loans, people from out of the city come to Kenai to use the inter -library loan program. Moore noted, the new library director was en route. He also reminded council and the audience of the reception for volunteers scheduled for April 20. D-5. Parks & Recreation Commission Councilman Frazer reported the next Commission meeting was scheduled for April 15. D-6. Planning & Zoning Commission Councilman Bannock reported the minutes of the last two Commission meetings were included in the packet. He noted, during the March 24 meeting, properties in the Salty Dog Heights Subdivision were determined not needed for public purpose. He explained, the properties were out of the city and had come into city ownership through foreclosure proceedings. Bannock also reported the Commission discussed building setbacks/ administrative exemptions which evolved into ordinances before council at H-5 and H-6 on the agenda. He noted, he requested the ordinances be taken off the council's consent agenda and substituted in order for the ordinances to go to the Commission for review prior to council's public hearings. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported the next Committee meeting was scheduled for April 13 at 5:30. She noted a work session would be held prior to the meeting. Swarner also reported there were flowers growing in the greenhouse. Also, the Teen KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 8 Center had been freshly painted and she encouraged council members to visit the facility. D-7b. Historic District Board Councilman Moore reported the Board's next meeting was scheduled for April 19. D-7c. Kenai Visitors & Convention Bureau Board Councilman Bookey reported the Board's next meeting was scheduled for April 12 at 5:30 p.m. D-7d. Alaska Municipal League Report Mayor Williams reported the Alaska Conference of Mayors met via teleconference on Friday at which the main topic was the Alaska State House's plan to delete all municipal assistance and revenue sharing from the state budget. He noted, this would represent $47 million taken from municipalities throughout the state which would effect a $500,000 loss of revenue to the City of Kenai. Williams added, he wanted the city population to understand the elimination of the municipal assistance and revenue sharing to the city would result in either eliminating some government services or raising taxes to keep the services now offered. If the taxes are raised, it would mean a 1.5 mill increase in the city. He noted, the council, administration and community needed to think about where to cut or raise additional funds and to remember, the need to make these decisions was brought on by the Alaska Legislature, not the council. Williams also reported he attended a Board of Governors meeting for the Alaska Challenger Learning Center. He noted, additional pledges were being received and major donations were being negotiated. Williams also reported nine bid packages had been taken out for the dirt work portion of the Challenger/Multi-Use Facility project. ITEM E: MINUTES E-14, Regular Meeting of March 17, 1999. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. BREAK TAKEN: 7:56 P.M. BACK TO ORDER: 8:16 Peme KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 9 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-2, Purchase Orders Exceeding $2,500 MOTION: Councilman Measles MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Swarner questioned the purchase order to Attorney Haggart. City Attorney Graves explained, $50,000 had been budgeted. Of that, $17,000 had been used. He noted, he had been processing purchase orders in smaller increments in order to better track the costs. Bookey asked if Graves anticipated an end to the litigation. Graves explained, he hoped a proposal to disburse funds would be brought to council for review at their next meeting. If the proposal is approved by the bank and council, it would then go to the Trustees for review. The Trustees have indicated their approval to go ahead with the disbursement plan if the council and bank approve the plan. H-3. Ordinance No. 1815-99 -- Amending Kenai Municipal Code, Chapter 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. Introduced by consent agenda. H-4. Ordinance No. 1816-99 -- Finding that Certain City -Owned Land Described as That Portion of the West 1/2 Southeast 1/4, Southeast 1/4 and the East 1/2 Southwest 1/4, Southeast 1/4, Section 33, Township 6 North, Range 11 West, Seward Meridian, Alaska is Not Required for a Public Purpose for the City of Kenai and Can Be Donated to the Kenai Peninsula Borough. Introduced by consent agenda. H-5. Ordinance No. 1817-99 -- Amending KMC 14.20.185 By Adding a Section Which Would Provide for an Administrative Exemption for Encroachments of Up to a Total of Twelve (12) Inches. (Ordinance No. 1817-99 was removed from the consent agenda and substituted at the beginning of the meeting.) KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 10 MOTION: Councilman Bannock MOVED for introduction of Ordinance No. 1817-99 marked H- 5 Substitute and Councilman Measles SECONDED the motion. Bannock explained the difference between the original ordinance and substitute was in Item No. 1. The substitute ordinance would allow administration to give up to a 12-inch exemption without going to the Commission. He noted, the Commission had some concern with a 12-inch exemption because there have been scenarios when there is only five feet involved to start and if the entire exemption is used in a five- foot setback, it would be using 20% of the setback. Bannock continued, the Commission also discussed a ten percent exemption. It was noted ten percent of a 20-foot setback would be two feet. He added, the Commission discussed an exemption could not exceed 12 inches, and at the same time not exceed ten percent of the standard setback. Bannock noted, this would only be a tool and not a rubber stamp. There were safeguards included in the ordinance. An applicant for an encroachment would have the ability to go to the Commission for an exemption if the administrative official ruled against it. He noted, he requested the ordinance to be substituted and introduced in order for the Commission to review it at their April 14 meeting; prior to the ordinance going to public hearing at the April 21 council meeting. Williams stated, the substitute ordinance was basically his intent when he suggested the 12" figure and noted there may need to be a not -to -exceed amount included for side setbacks. He commended the Commission for recognizing this issue. There were no public comments. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-6. Ordinance No. 1818-99 -- Amending the Development Requirements Table of KMC Title 14 by Adding a Provision for an Administrative Exemption for a Reduction of Up to a Total of Twelve (12) Inches From the Setback Requirements. MOTION: Councilman Bannock MOVED for introduction of Ordinance No. 1818-99 labeled H-6 Substitute and Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 11 Bannock explained, his reasoning for the substitute was the same, except Ordinance No. 1818-99 related to variances instead of encroachments. Measles questioned the ability to give an administrative exemption without notification of adjacent property owners. Attorney Graves explained, under this ordinance, the adjacent property owners would not be required. Graves referred to the Code and verified notification of adjacent property owners was required for standard variance applications. Measles asked what guidelines administration would use in granting or denying a variance exemption. He noted his concern there would not be notification to adjacent property owners. Graves explained, the guidelines stated in the ordinance was that the variance would need to meet the purpose of the standards set forth in the Development Requirements Table. He noted, those were not a firm set of requirements. The remedy would be either to appeal a denial by the administrative official or apply for a regular variance and go through the regular process. Measles noted, more discussion would take place at the public hearing, however he was concerned the ordinance would make it easier to get a variance and to reduce setbacks on property lines. Building Official Springer explained, the ordinance would be used if a person wanted to build a house on a small -sized lot and to build the size house they wanted on the lot, they would come into a situation where they were a few inches short of having the house fit the lot. Williams asked if Springer had experienced occasions when a foundation was already set and due to misalignment of block, a house built with a two to three-inch encroachment. Springer answered yes, however that would be an encroachment and not a variance (a variance is requested prior to building, an encroachment is requested after construction) . VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-?. Ordinance No. 1819-99 -- Finding That Certain City -Owned Lands, Described as Six Lots in Salty Dog Heights Subdivision Located in Sterling, Are Not Required for a Public Purpose. Introduced by consent agenda. H-8. Ordinance No. 1820-99 -- Increasing Estimated Revenues and Appropriations by $114,000 for the South Spruce Street Parking Project. Removed from consent agenda at the beginning of the meeting. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 12 MOTION: Councilman Bookey MOVED for introduction of Ordinance No. 1820-99 and Councilman Measles SECONDED the motion. Bookey explained, he requested the ordinance be removed from the consent agenda in order for council to discuss whether they wanted to go forward with the project knowing the state would be making budget cuts and because the parking needs were due to the dip net fishing impacts to the city which have been caused by the state. He added, he was not comfortable in taking funds from the Water/ Sewer and General Funds in order to fund the project. City Manager Ross explained the city has Corps of Engineer permits that were issued three years ago for enlarging the parking area over to the sewer treatment plant. Part of the justification of the project would be the expansion of the sewer treatment plant. He added, the permits would expire in November and the chance of getting permits other than only for expansion of the sewer treatment plant would be very limited. Ross continued, if the project went forward, it would be the intent to disallow parking on the street during the dip net fishery and continue with the 12-hour parking. Because of the state budget cuts and in trying to recover funds, a charge for parking would be levied in an attempt to recover revenues lost on the investment. Ross reminded council, prior to his hire, they had decided to proceed with the parking lot project and expand the sewer treatment plant in the future and it would be very difficult to get the Corps permits again for enlargement of the parking lot. Moore asked when the sewer treatment plant would be expanded. Public Works Manager Kornelis answered, probably six or seven years, depending on how fast the city grows. Williams added, it would also depend on receiving funding for the $7 million project. Bookey asked if administration was confident the parking lot could be enlarged for the $114,000 discussed in the ordinance. Kornelis answered, he was fairly confident and added, the cost of the project could change depending on the cost of sand and gravel. He noted, the plan included $12,000 for contingency. Moore asked if those in the audience were concerned with charging for parking and read a portion of the ordinance. Williams noted the ordinance would be up for public hearing at the next meeting and public testimony would be taken at that time. However, an opportunity was given for public testimony. Williams explained, the parking area would be almost tripled. He noted, the Board of Fisheries would not alter their condition of use in allowing the dip net fishery to take place in Kenai and no funding was being offered from the state to help in managing the influx of users of the fishery. Bookey asked if Ross thought it would be difficult to get permits for a plant expansion. Ross answered, he didn't think so, but felt future permits would be only for the area required for the plant expansion. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 13 Bannock stated it was his opinion it was in the city's best interest, regardless of what the Board of Fisheries did in regard to the fishery, to improve the infrastructure by enlarging the parking lot. He added, it was also in his plan to have more organized parking, for that area, and charge a fee. Debbie Sonberg -- 410 Cinderella, Kenai. Sonberg asked if the paid parking would begin right away or was it something to be done in the future. She noted, there was additional cost in placing marked posts and enforcement, etc. Ross answered, it was envisioned the parking charge would be only during the dip net fishery. During the fishery, there would be staff assigned for that area, plus Parks & Recreation Department summer employees. He added, administration planned to have a low- cost collection system used only during the dip net fishery season. H-9 . Ordinance No. 1821-99 -- Increasing Estimated Revenues and Appropriations by $26 1,000 for Site Work to Facilitate the Construction of a Multi -Purpose Facility. Introduced by consent agenda. H-10. Ordinance No. 1822-99 -- Increasing Estimated Revenues and Appropriations by $344,970 for the Purchase of a Multipurpose Airport Broom. Introduced by consent agenda. H-11. Approval -- Consent to Assignment of Lease from Kenai Airport Fuel Service, Inc. to Yukon Fuel Company, Inc. / Lot 3A 1, FBO Subdivision South Addition, No. 2; and Lot 4, Block 1, FBO Subdivision. MOTION: Councilman Measles MOVED to approve the Consent to Assignment of Lease from Kenai Airport Fuel Service, Inc. to Yukon Fuel Company, Inc. and Councilman Bookey SECONDED the motion. Dan Pitts -- 403 North Willow Street, Kenai. Pitts explained they were requesting approval of the assignment of leases to Yukon Fuel Services, a subsidiary of Yutana Barge Line. He noted, Yukon was the second largest fuel distributor for Tesoro and their business in Kenai would add an air link for fuel distribution to southwest Alaska. Clayton Shelver -- Yukon Fuel Services. Shelver explained, his organization saw their airport business integrating with their barge service. He added, they want to expand their business to fly fuel where the barge cannot go. He believed the fuel service would fit in nicely with their current business. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 14 VOTE: Councilman Bookey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-14. Discussion -- Set Budget Work Sessions Ross requested council set a tentative schedule for budget work sessions. He noted, the draft budget had been distributed to council at the beginning of the meeting. Ross added, the budget could change depending on what the Legislature did in regard to the municipal assistance and revenue sharing. If the municipal assistance and revenue sharing was eliminated, Ross suggested council could discuss raising the mill rate. He added, he didn't think council should wait to see what the Legislature decides, but go forward with the city's budget and changes could always be made. Williams asked if the budget was set and then the Legislature eliminates the municipal assistance and revenue sharing, could the budget be reconsidered and a mill rate change be made. Ross stated, from a planning point of view, some of the cuts council may have to make would be very deep in trying to absorb the cuts. He added, this should be a planned and well thought-out process. Ross stated, if council decided not to raise the mill rate because of the economic situation, administration would have to bring scenarios to cut services. He requested council set the work sessions, review the draft budget and look at contingencies. He noted, if a 50% cut is taken this year, the rest will probably be taken next year. If the mill rate is changed, it wouldn't take effect until January. He believed the cut would begin July 1. Semmens noted the mill rate would be billed as of July 1. The levy, he added, is effective January 1. He noted, the mill rate must be set by June 15 and the billing is done by the Borough on July 1. Ross stated, he believed council should go through the budget and at the same time, administration would have recommendations if the Legislature makes their cuts. By the time budget adoption take place, it should be known what will happen at the state level. Bookey asked if administration would have recommendations for both 50% and 100% reductions. Ross suggested that if a 50% reduction is made, the remaining 50% would be taken next year. He thought council should plan for the 100% deduction in this budget. Budget work sessions were scheduled as follows: April 26, 1999 -- 6:00 p.m., council chambers May 3, 1999 -- 6:00 p.m., council chambers May 17, 1999 -- 6:00 p.m., council chambers KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 15 Clerk Freas was requested to have food available for the sessions. It was noted, the budget would need to be introduced at the May 19 meeting and the ordinance passed by June 2, 1999. The annual resolution setting the mill rate must be passed by June 15. The budget must be adopted by June 10. Ross reported he would plan to offer a budget overview on revenues and look at major changes or big ticket items during the first work session. Individual budgets could be reviewed at the subsequent work sessions. Discussion followed regarding requests from non -profits for donations. Williams noted, he doubted council would be wanting to grant requests for funding to the non -profits. He asked council not to have the non -profits make their requests during the first meeting. Swarner asked if council had offered to look at new projects at budget time. She noted, if the budget is to be held, council needed to look at any future expenses. Bannock stated, he thought the council should hear the requests because it has done it in the past, even if the requests are denied. Bookey suggested giving a general statement at the beginning of the meeting that council would listen to the requests, but the request would probably be turned down. He suggested the requests be heard at the beginning of the first work session. Ross requested council, if they desired to listen to requests, to do it after the overview is presented, giving the general public the opportunity to hear what council would be up against in determining budget needs. Moore suggested instead of hearing the requests, have all non -profits' requests for funding be in writing and council could review them during a work session. Williams suggested accepting the written requests or verbal for the May 3 work session. Freas suggested the letters of request be forwarded to her by Friday, April 30 in order for them to be included in Council's work session packets. Swarner stated she wanted only requests in writing and no oral without written information filed prior to the work session. Measles suggested only written requests be accepted and no oral. Council agreed only written requests would be considered and Williams set the deadline to accept letters of request as 12:00 Noon on Friday, April 30. Freas asked if the deadline for requests should be advertised. Williams answered no, however he believed the information would be forwarded to the public through word of mouth and inclusion in newspaper articles regarding the budget concerns and upcoming budget hearings. Finance Director Semmens requested council to review the budget draft before the April 26 hearing and contact him with any questions they may have. H-15. Discussion -- Kenai Little League Request for Use of FAA Mobile Home - Type Building. Ross explained, the Kenai Little League was asking the city to request FAA to remove a mobile home -type building from their disposal list. He noted, council discussed the use of this building previously, but decided not to request it for storage or other use KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 16 due to damage it had sustained to the roof. Ross added, both city maintenance and the Building Official inspected the building and their comments were included in the packet as far as damage, maintenance, costs for relocating and placing on a foundation, use as public restrooms, etc. Ross stated, administration did not want the building. Due to the damage sustained, it was seen as a high -maintenance item and didn't want to ask FAA to remove it from their disposal list. Ross added, council had until April 30 to request the building be removed from the disposal list. He requested council reaffirm their previous decision. Williams noted there were representatives from the Little League organization in the audience. He added, since discussing the matter with them prior to the meeting, there had been two days of teleconferences regarding the state budget. Williams stated, circumstances were changing rapidly, but there could still be some hope for helping the League. He asked what the League intended to do with the building and how it would be accomplished. Williams added, it was administration's opinion, it would cost approximately $14,000 to move the building, put it on a foundation, and hook it up to water and sewer. Mark Epperheimer -- Kenai Little League Safety Officer. Epperheimer stated the Kenai Little League needed some help. He noted the snack shack was unsafe and the fields needed improvements. He added, there were port -a -potties situated at the field, and at any time there could be 300 people at the fields either using the field or as spectators. They have been using port -a -potties at the field for the past ten to fifteen years. The building had been offered by FAA. They needed a meeting place for the organization and a place for storing equipment. They thought the building would serve those purposes. Williams stated he thought the problem was whether there was a way for what is there to be updated and made to accommodate the Little League. Also, whether the upgrade would incorporate a building such as the FAA trailer. Epperheimer stated he was not sure why there had not been any major improvements to the field over the years. He noted, they were citizens and live in the community. He noted, the children involved in the organization should have safe fields in which to play, etc. Brian Hoisington -- Kenai Little League President. Hoisington explained, the building was offered to the League at no charge. They ran into snags when they requested the city move the building because the fields were city property and it would be a city building. Hoisington added, the building wouldn't be used as a residential living space or get a lot of traffic. He asked what the city would be willing to do in gutting the present building at the fields. He noted, they were not asking the FAA building have bathroom facilities in it as it would be used for housing the snack shack (stove, refrigerator, cash register), storage area for uniforms, and a meeting KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 17 place. Hoisington noted, they were unaware, when the building was offered to them, it would cost $14,000 to move it, place it on a foundation, and hook it to water and sewer. Hoisington noted, if the fields were not brought into compliance with the National Little League certification within three years, they could lose their charter with the League. He noted, there were also electrical concerns with the snack shack; an accessibility ramp was needed for the snack shack; port-a-pottie use; fence protection requirements; warning tracks and railings on bleachers required; and electrical concerns at the batters' cage. Hoisington asked council for help. Swarner asked what the organization could do in regard to funding improvements. She noted the city did fertilize and mow the fields, etc. Hoisington answered, they acquire business sponsors for the teams, but raising $50,000 from the business community for improvements to the field was unlikely. Epperheimer noted, costs for new uniforms would be approximately $30,000. Also there were 425 players and all pay a $35 registration fee. Epperheimer stated they do try to get organization volunteers to help with the fields, however sometimes they create more work. Hoisington added, they have offered to lime the fields before the games and would do whatever they could to do with sweat equity to keep the organization going. Williams stated, even in a budget -cutting situation, there was a need to balance the revenue gap with the necessary essential services. He added, he believed the concern for the Legislature was revenue enhancement by readjusting the financial structure to operate in the manner in which it should be operated. Williams noted, he believed the city would be faced with the same situation and added, at this time it was unknown how much revenue enhancement the citizens would want to put in with regard to the services they will require. Williams noted, the Little League represented a large percentage of the children of the community. He noted, there had been discussion in the past to build new fields and abandon the old ones, however he didn't think that would happen in the near future. He continued, discussion would be needed to decide how to cut the budget and how to raise funding to fund a budget that retains a semblance of the lifestyle the community now has, i.e. Little League, Beautification Committee, etc. Bannock stated he supported the Little League organization as a child playing on the fields and now with children who play on the same fields. He noted, he believed it would be a bad investment to acquire the building based on the information distributed by administration. Bannock asked Parks & Recreation Director Frates, in the new budget draft, was there anything specifically earmarked for the Little League fields (maintenance, upgrades, etc.) . Frates answered, there was nothing KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 18 specific, however there was some funding for repair and maintenance (about $1,000 for fencing repair work) . Bannock stated, if there was a way for the city to participate in the continuation of the League, he would do his best to help. Swarner asked if there was any money in the budget for improvements to the softball fields. Frates answered, there was a small amount included for batting mats and repair to fences. Swarner asked if it was the same amount of money. Frates answered, in fence repair work, he noted there was probably more of a need at the Little League fields, however the funding was about the same as there was for last year. Swarner asked if the Little League use the softball fields. Frates answered, it would be a scheduling problem in the summer. It was noted, softball practices begin in May and Little League games start in May. Swarner stated she would like to see use of the softball fields by the Little League teams if it was possible. Hoisington noted, the softball fields were not compatible in size to the Little League fields either. Moore asked if the League had compiled costs to do the improvements they wanted to make. Hoisington no, but they had first thought there were going to be new fields and didn't want to ask the council for funds to improve the current fields if there were going to be new fields. Moore asked if the National organization had grant funds available. Hoisington answered, no, because they are also a non-profit organization. Williams requested Hoisington and administration to prepare a cost estimate to bring the fields up to standard, repair the snack shack, etc. by April 27. Williams noted, he had an idea for funding. Ross stated, they would meet with the League representatives to assist them in preparing a cost estimate. He added, the snack shack had been examined and some preliminary costs had been generated in regard to gutting the facility, bringing the restrooms back to ADA standards and doing a small add -on. Administration would work with the organization in developing a cost estimate to address the safety issues discussed. Ross suggested prioritizing those items and put them in manageable packages for attention. Williams asked if city equipment could be used in hauling in gravel, etc. Ross stated, the city had received a lot of criticism for the time and costs put into caring for either the softball or Little League fields compared to the demands to the other parks, etc. He noted, the Little League would be competing for limited resources in the summer Parks & Recreation program. Williams noted, he believed all were in agreement that something needed to be done but the question was how to do, how much it would cost, and how the plan could be expedited. He noted, he didn't believe a new restroom could be built this year. He asked who paid for the port -a -potties. Hoisington answered, the League did and pays to have them serviced. Ross asked why the restrooms had been removed. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 19 Epperheimer answered, he believed due to overflow problems from debris thrown in them, etc. It was noted, the Softball Association also pays for placement of the Aort- a -potties at their fields. Mike Esky -- 1903 East Aliak. Esky suggested developing the new Little League fields and use the old fields for a parking area for use during the dip net season. He noted Spruce Street gets very congested during that time of the year from fishery users and from overflow Little League parking along the street. ITEM I: I-10 Mayor ADMINISTRATION REPORTS Williams requested council's approval to send the letter to Pignalbery which he discussed at the beginning of the meeting. Council stated no objections. I-2, City Manager a. Ross noted his memorandum included in the packet. No comments or questions were offered. b. Challenger/Multi-Use Facility -- Ross stated he would not be involved on any issues regarding the site work portion of the building projects due to a family member's (for whom he worked) plan to submit a bid. City Engineer La Shot and Finance Director Semmens would be handling administration of this portion of the project bid. C. State Budget Teleconference -- Ross reported he participated in a teleconference with the House Finance Committee on April 6. He offered his and council's concerns regarding the elimination of municipal assistance and revenue sharing. Moore asked Ross if his removal from the Challenger/Multi-Use Facility projects was only for the site work. Ross answered, yes. I-3, Attorney -- No report. I-4. City Clerk Freas noted invitations to the Volunteer Reception scheduled for April 20 at the KVCC had been mailed and a copy was included with council's packet. She also reported a Peninsula Coalition meeting had been scheduled for April 20 and a copy of the meeting packet was distributed to council. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 20 I-5. Finance Director Semmens reported Aurora Gas notified him the city saved $10,044 through buying from them instead of Enstar. I-6. Public works Kornelis reported the following project bid dates: a. Dock Lease station No. 3, April 12 at 2:00 p.m. b. South Spruce/Beach Parking, April 14, 10:00 a.m. C. Asphalt Recycler, April 14 at 2:00 p.m. d. Challenger/Multi-Purpose Building 1. Site Work, April 14 at 2:00 p.m. 2. Building, April 28 at 2:00 p.m. Kornelis also reported the State DOT would be holding a Forest Drive/Redoubt Avenue workshop on April 15 from 3:00 - 7:00 p.m. I-?. Airport Manager Acting Airport Manager Holland reported the airport terminal restaurant should be opened for business on April 10. ITEM J: DISCUSSION J-10 Citizens -- None. J-2., Council Bookey -- Requested a report to specify how much money is spent on the softball fields in contrast to the Little League fields. Swarner -- Suggested the information about the softball fields include materials (lime, fertilizer, etc.) and labor, etc. Moore -- Noted there were some obvious safety concerns regarding the Little League fields reported during the meeting. However, he was aware of the good changes that had been made to the fields as well. Measles -- No comments. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 21 Bannock -- a. Car Rental Leases -- Bannock noted, there were three car rental stations in the terminal and five leases representing the spaces. He asked, when the leases expire, would the spaces be released as three stations or five. Answer was five leases. b. Department Head Hires -- Bannock requested the topic of department head hires be included on the next agenda to discuss the possibility of the council confirming those people selected by the city manager for department positions. He noted, the department heads would continue to be under the authority of the city manager, however. A lengthy discussion followed. Bookey stated he had no objections in discussing the matter, however he felt it was part of the responsibilities of the city manager to make those decisions and it was not the council's position to micromanage. Williams stated he believed there was room for discussion because there were times the acceptance of responsibility of hiring and firing rests with the council because the public views it that way. He added, he didn't want to interfere with the management, but he felt council should be more informed of the experience and qualifications of those to be hired. Swarner stated she had no problem with the current process and did not want to micromanage. She added, council's recourse was to remove the city manager. Bannock stated, he was not referring to anyone in specific, but only wanted to discuss the matter. Ross suggested council review past history of the city as well as other municipalities. He noted, it had been the city's procedure to have council involved in the hiring/firing of department heads until 1977-78 at which time there were some specific difficulties. Due to those problems, the personnel code was added to the Municipal Code. Williams suggested not all the department head positions should be included in the discussion and pointed out the airport manager position because the airport is separate and aside from the General Fund. He noted, he had heard concerns from the community that out-of-state hires had been made. He believed council should be privy to an airport manager's credentials and ideas for the future of the airport, as well as the airport manager understanding what council wanted for the airport. He added, this should be known prior to the hire. Bookey stated he believed that could be done by council through the city manager. Ross noted, he was aware of concerns there had been out-of-state hires. He added, in the past three years, all the department head hires made had come from within the employees at the city. Ross added, the city was a good organization that developed department head material. He noted, the goal when reviewing candidates, to hire the best person for the position. He added, that doesn't happen all the time. KENAI CITY COUNCIL MEETING MINUTES APRIL 7, 1999 PAGE 22 Ross continued, if council wanted to go in the direction of confirming hiring of department heads, they would also have to go through the mechanics of firing as well. Williams read from the Charter, "...he shall execute the laws and ordinances administer the government of the city and in case of city manager, shall be responsible therefore to the council. He shall and appoint (emphasis added) and when deemed necessary for the good of the service, lay off, suspend, demote or remove all directors or heads of administrative departments and all other administrative officers and employees of the city except as this Charter provides, otherwise subject to such merit system regulations as the council may adopt." "...have such other powers, duties and functions as this Charter may prescribe and such powers, duties and functions consistent with this Charter as the council may prescribe." Williams noted, the council could prescribe the city manager to do anything they want. Williams added, it was obvious he had only four votes on the issue and he had wanted unanimous consent. He added, in all sincerity, he wanted to know everything about the persons considered for the airport manager position and wanted to be privy to the interviews. Ross noted, applications were public information and council could look at them at any time. Measles stated he believed council involvement in the hiring of department heads would place the council in a precarious position. Bookey agreed. Bookey asked if council was going to discuss the matter further as he thought it was a dead issue. Williams noted, he had only four votes and wanted seven. He added, he didn't think he would pursue it. However, he would know a lot more about the next airport manager than he did the previous one. Frazer -- No comment. BY COUNCILCOUNCILY EXECUTIVE SESSION - None Scheduled J -//Vy TE POLlY CLERK ITEM K: ADJOURNMENT The meeting adjourned at approximately 10 :15 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk