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HomeMy WebLinkAbout1999-06-16 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING DUNE 16, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.cl.kenai.ak.us BOARD OF ADJUSTMENT HEARING: Appeal of Beaverloop Partnership/ Warren Polsky, Partnership Manager, Appellant 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) ITEM C: PUBLIC HEARINGS 1. 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. a. Remove from Table b . Consideration of Ordinance. 2. Ordinance No. 1818-99 -- Amending the Development Requirements Table of the Kenai Municipal Code, 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. a. Remove from Table b. Consideration of Ordinance. 3. Ordinance No. 1829-99 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Airport Land System Special Revenue Fund for Utilities at the Alaska Regional Aircraft Fire Fighting Facility (ARFF). 4. Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by $424,467 in the '98 Water System Improvements Capital Project Fund. 1 a. Substitute Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by $724,467 in the '98 Water System Improvements Capital Pro ect Fund. 5. Ordinance No. 1831-99 -- Increasing Estimated Revenues and Appropriations by $1,782 in the Cunningham Park Capital Project Fund. 6. Resolution No. 99-35 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Keith Stuart for the Period July 1, 1999 Through June 30, 2000. 7. Resolution No. 99-36 -- Approving a Contract to North Star Paving, Inc. for the Project Entitled Crow Court 1999 Improvements for the Total Amount of $30,511.55. 8. , Resolution No. 99-37-- Transferring $2,450 in the General Fund for Document Imaging. 9. Resolution No. 99-38 -- Transferring $6,113 in the General Fund for a Telephone System Replacement. 10. Resolution No. 99-39 -- Approving a Contract to Zubeck, Inc. for the Project Entitled 1999 Water System Improvements for the Total Amount Of $1,103,160.00. 11. Resolution No. 99-40-- Awarding aFour-Season Lease (June 17, 1999 to October 1, 2002) of Kenai Dock Station No. 2 to R&J Seafood for the Seasonal Base Bid of $8,200 Plus $0.0375/Lb. Over 218,667 Lbs. 12. Resolution No. 99-41 -- Transferring $3,000 in the Airport Land System Special Revenue Fund for Advertising the Kenai Municipal Airport. ITEM 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 a. Beautification Committee b. Historic District Board C. Kenai Visitors 8. Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES 1. *Regular Meeting of June 2, 1999. a ITEM F: CO""r-1- PONDENCE OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1832-99 -- Increasing Estimated Revenues and Appropriations by $55,000 for Preliminary Design Work on the Kenai Coastal Trail. 4. Ordinance No. 1833-99 -- Extending the Term for Investment Maturities From Two Years to Five Years and Changing Liquidity Requirements. 5. Approval -- Change Order No. 1/Peninsula Construction, Inc. - $1,782.00. 6. Approval -- Kenai Community Library a. Amendments to Library Regulations b. Changes to Lending Policy 7. Approval -- Special Use Permit/Dottie Fischer, d/b/a Alaska Best Travel -- Space 36A, Kenai Municipal Airport Terminal. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http : Z Zwww.c1.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING BOARD OF ADJUSTMENT HEARING: Appeal of Beaverloop Partnership/ Warren Polsky, Partnership Manager, Appellant ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:50 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: Bannock, Frazer, Williams, Bookey, Swarner, Moore and Measles. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-2, Persons Scheduled to be Heard -- Rick Baldwin regarding Multi -Purpose Facility Proposal. ADD TO: H-2, Purchase Orders Exceeding $2,500 -- Purchase Order in the amount of $9,008 to Cleanway Janitorial ervice for Library janitorial service from July 1, 1999 to June 30, 2000. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and � Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Rick Baldwin -- Baldwin gave his address as 3080 Kim-N-Ang, Kenai, AK. Baldwin reported on the progress of the user group in regard to the proposed multi -purpose facility. He noted, in May, the council appropriated funding for the construction of the facility; bids for the project came in well over the estimated cost; council proceeded with the ground work but decided not to proceed with the construction of the facility until an additional $275,000 (needed to complete the project) was identified. Baldwin continued, rather than leave the project die and miss the construction season, members of the user group decided they wanted to develop a funding mechanism for the construction of the facility and take advantage of the bids submitted. He noted, the user group was requesting council to direct administration to continue with the development of a funding agreement, if their funding proposal was acceptable to them. Baldwin noted, over several years, some of the city citizens advocated construction of a covered facility large enough to house an ice rink. At least two proposals were submitted and failed because the citizens were unwilling to bond for a facility of that size. In order to go forward with the project, the council decided to go forward with a more modest -scaled project and city secured funding through the sale of recreational lots. Baldwin added, he believed the idea of having such a facility was a catalyst for obtaining the property beside the high school for the facility's site and the sale of the lots. Baldwin reviewed the group's proposal: Ten interested people have agreed to develop a Limited Liability Company (LLC) to underwrite the project. They have substantial means to get loans which would provide the city with the $275,000 needed to complete the first phase of the project with the condition the city would construct a facility, including the alternative Zamboni room (was an additive alternate of the original bid). He noted, for the project to work, the Zamboni room was needed to be added because resurfaced ice would be the revenue source for paying the debt service against the loan. Baldwin added, the LLC would purchase a used Zamboni and would be responsible for ice resurfacing. In return, the city would lease the project to the group (suggested 20-year lease) . He noted, the leasehold interest in the project was important to the group because it was needed for collateral for the loan, if a secured loan is sought. The LLC would then enter into an operation and maintenance agreement with the city so the city would perform the routine scheduling and maintenance services for the facility, collecting the user fees, insure the facility, etc. except the ice resurfacing. Also, the LLC would be responsible for the ice resurfacing and would receive the revenues from the ice sales. Other revenues, such as summer/fall usage, etc. would be negotiated with the city (how to allocate those resources), recognizing the city could use those revenues to offset its operation and maintenance costs. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 3 Baldwin added, the group would propose the lease could terminate at any time by the city paying off the loan. He noted, the group was not asking to make any money on the project and have mostly agreed the LLC would be a for -profit LLC so losses could be taken personally. Any profits would be placed back into the city either by donations to youth groups, etc. Baldwin added, the effort was to make sure the facility would be available for the area children. Baldwin stated he spoke with the project contractor who felt there were some savings available (approximately $45,000 to $50,000) through modifications of the project which would not have any significant impact on the design or functionality of the facility. He pointed out this was, in the group's view, stage one of a project which would hopefully continue to grow over the years and develop a constituency so it could at some time, have refrigerated ice with a nice fagade and rooms designed by the architect. However, it was important to them the project get started. Baldwin added, if this was a proposal of interest to council, the group definitely wanted to follow up on it. Councilman Moore asked if the revenues from the sale of ice time would be dedicated to debt service by the LLC. Baldwin answered, the LLC would be obligated to pay a certain amount of debt service. He added, he didn't think they would want to use it as a dedicated revenue stream in case they were able to attack the principal of the debt. He noted, since it would be an LLC, the members of the for -profit LLC would have to pay taxes if the revenues would be dedicated to amortizing the principal. He noted, their idea was to create a bridge for the city to get to the next stage. He added, they really wanted the city to take the facility over and continue to search for other revenue sources to take them out of it as none were excited about operating an ice rink. Moore asked what expenses they anticipated the LLC to have other than fuel for the Zamboni. Baldwin answered, they would try to do it with volunteers and if a profit is shown, it would make it easier to pay off the debt and would make them feel more comfortable. He added, they didn't see a great deal of expenses for the LLC. Moore stated he would like the group to work with administration and return with a proposal. Baldwin added, the group would love to show what they believe to be true; that the facility will have a large revenue stream and then the city could do its own revenue bond and take the LLC .out of the facility. Councilman Frazer asked if the bank was preliminarily committed to this amount of loan. Baldwin stated, no preliminary commitment had been made by the bank, but they were interested. He noted, the local personnel were interested but the package would have to be reviewed by the Anchorage loan committee. However, he was told approval of the package seemed very likely. Frazer stated he liked the concept and wanted administration to work with the group. � Councilman Bannock stated he had seen the proposal and commended the author of the proposal. He added, he believed there was an excellent chance the proposal could and should be the model of the way the city would be doing business now and KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 4 in the future through public/private partnerships. Bannock stated he would support the concept as best he could and encouraged administration to work with the group as well. Baldwin listed those who had agreed to underwrite the proposal as himself, Nate Kiel, Ron Kiel, Vic Tyler, Dave Schilling, Bob Favretto, Jack Castimore, Clint Hall, Bobbie Behrens and Robert Peterkin. He noted, the names showed the amount of support as well as the broad base of support for the facility. He urged the city to recognize the support and move forward with the project. Williams questioned the city collecting the user fees. Baldwin noted, the city had a staff and the group wouldn't. He noted, Parks 8. Recreation would handle the facility as if it was theirs under an operation and maintenance agreement. Williams noted, the Parks & Recreation budget was the third largest in the city and with the fiscal restraints, Council would have to plan on substantial cuts or property tax increases to maintain the services now offered. He noted, if the city had to act as the user fee collectors, it would add to the issue of the budget. Williams added, he supported the administration's review of the proposal, but noted, administration would have to work to bring the proposal around to fit the city's financial picture for the future years. Williams asked Baldwin how the group would feel about a third partner if the project moved ahead, which would assume the financing of the remaining portion and take over the operation of the facility. Baldwin answered, they would love to be able to surrender the facility to someone else and take it to the second stage at any time of the year. Williams noted, because there were no descending votes from council, they were requesting administration to proceed with negotiations and develop a plan to be brought back to council for review. Moore asked if there was a deadline for their obtaining their financing. Baldwin answered, based upon the sense of the council, they had enough to go forward to make loan applications and would do so in parallel of working with administration to develop the necessary agreements. Councilman Measles asked if an agreement was reached with administration and approved by council, how long it would take to get it to construction. Ross answered, he believed there would be enough time if it was resolved by the end of July to still have the facility up in the first part of December. He added, he was aware the contractor was prepared to move on the project. ITEM Q PUBLIC HEARINGS C-1. 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. KENAI CITY COUNCIL MEETING MINUTES JUNE 162 1999 PAGE 5 C-1-a. Remove from Table MOTION: Councilman Measles MOVED to remove Ordinance No. 1817-99 from the table and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED, C-1-b. Consideration of Ordinance MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1817-99 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bannock noted he requested members of the Planning & Zoning Commission to be attendance and asked for their comments on Ordinance 1817-99. Carl Glick, P.O. Box 528, Kenai, Planning 8. Zoning Commission Chair. Glick explained, the Commission's original thoughts were to lessen the amount of paperwork for small encroachments which would not substantially affect the neighboring properties. The Commission wanted to do something simple and easy and felt if administration could take care of the matter, a public hearing would not be required, etc. He noted, some of the concerns of council were that a person may try to take advantage of the process, but the Commission felt the Building Official would catch them or could send the application to the Commission for their review. He added, the Commission discussed those concerns and felt confident with the administration handling the process. He added, currently if there was an encroachment of 2 / 10ths or 5/ 10ths on one side, notices had to be sent to property owners on the back and other side of the property who were not really affected. Glick added, the Commission was trying to simplify the process. Williams stated he believed the ordinance was much like he had originally anticipated when a 12" maximum was set. He noted, he understood that if a five foot side yard was required, it was only a maximum of ten percent of the five feet or 6" . He noted, only the total amount allowed could be 12", and no one side could be more than ten percent of the setback. Glick stated that could come into play in the 15% setbacks versus the five and that was what made it fair. Don Erwin, 1603 Fathom. Erwin noted, the intent of the ordinance was to simplify the process for the applicants. He noted, the city hires people in administration who are competent and could handle the process. He added, the Building Official would still have the ability to forward the matter to Planning & Zoning if there were concerns. Erwin added, he didn't believe additional notification was required. He KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 6 noted, the records show there never are objections for small requests. He added, making the notifications, etc. would be like what is already required and would negate what their intent. Williams noted, council was considering Substitute Ordinance No. 1817-99. Bannock noted there were two ordinances marked substitute in their packets. Attorney Graves explained, when the original ordinance was on the agenda to introduce it was taken from the consent agenda and substituted which was subsequently tabled by council. He noted, the second substitute was the one drafted with council's comments and sent to the Commission who rejected it. That second substitute never came to council for consideration. Williams noted, Substitute No. 1 would be the ordinance on the front of the packet with the note "Tabled 4 / 21 / 99" which was the ordinance before council for consideration. Swarner stated she wanted the neighbors notified of anything done by administration. Moore stated his mind had not changed either and he believed the Commission could still have some relief on public hearings on these types of setbacks, even though they are required to notify the neighbors. Moore stated he would not support the ordinance. Bannock referred to comments made by Glick in regard to the 12" and ten percent where Glick stated "whichever is more." Bannock noted, he should have stated "whichever was less" as it made its own limit. He added, the ordinance which was before council for consideration (Substitute No. 1) had been approved unanimously by the Commission. Bookey noted, neither of the ordinances addressed the concerns of notification. Bannock stated the Substitute No. 2 addressed it and made it incumbent upon administration to devise a plan to allow the neighbors to veto. He noted, he was not comfortable with that portion of the ordinance. Attorney Graves explained, it was intended in Substitute No. 1 and made explicit in Substitute No. 2. He added, in No. 1, if a person applied and was denied, they could still go through the formal process and there was nothing in the ordinance to prevent the formal process. Frazer noted a comment was made that very rarely had exceptions not been granted in the past. He asked if there was recourse if an exemption was granted and a neighbor disagreed with it. Graves answered, the code provided that decisions of the administrative office (building official) could be appealed by an interested party. He noted, he believed some of the concern was that a neighbor may not know an exemption had been granted if there was no public hearing until after the appeal date ran if it was a variance. If it was an encroachment, the neighbors may never find out there was an exemption. MOTION: KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 7 Councilman Moore MOVED to substitute Ordinance No. 1817-99 Substitute No. 1 with Substitute Ordinance No. 1817-99, Substitute No. 2. Councilwoman Swarner SECONDED the motion. Moore stated his intent was to get back the public notice (not public hearings) . Bannock asked for administration's comments on Substitute No. 2, i.e. who would be responsible to implement the ordinance. Building Official Springer stated he would do that and would have to notify all the neighbors adjacent to the property which would take more administrative time. Also, responses may not be received or could be slow in being received which would slow the process more than taking the matter to the Commission for approval. Swarner asked if the matter went to the Commission, what would happen if the neighbors were out of town. Springer answered, they would not be involved in the process. He explained, if administration had to wait for neighbors to return to the area in order get an approval for the administrative exemption, it could be months at a time. Swarner suggested placing a time limit on the process. Springer stated, it would still slow the process to the extent of the current system. Swarner suggested the same time frame be used as if it was going to the Commission for review, i.e. using the same time limit for a response. Bannock noted, there was no time limit for response included in the ordinance. Ross asked the Attorney whether the language in the substitute stating, "...having been notified and do not object... " would restrict administration if no affirmative response of non -objection was received. He added, the Commission only sends out the notices and then has the public hearing. Williams noted, the development of the ordinance was to simplify the process so a person would not have to go before the Commission which could slow the process to close a loan, eliminate continuation of interest on construction money, and to eliminate the need for a resident to pay a fee because they were one or two inches out of compliance. Measles stated he didn't have as much objection to the public notice on this ordinance as he did not the next because the building would already be there and out of compliance. He added, for something less than 12", whether it would be administration or the Commission, the owner would not have to cut eight inches off the building to bring it into compliance unless it would be a new building and the builder intentionally did it knowing an exemption could be received. Measles noted, in that case, the eight inches would have to be removed. He added, he did have a problem with the next ordinance as it would be granting an exemption from setback requirements before the building is constructed. Frazer stated he objected to having an affirmative response from all the neighbors as he thought it defeated the purpose of the ordinance. He added, council should either approve the ordinance or not. KENAI CITY COUNCIL MEETING MINUTES JUNE 162 1999 PAGE 8 Moore noted Ross' comment about the lack of response would be a non -objection. Graves stated the Substitute No. 2 required the neighbors to affirmatively indicate a non -objection. Otherwise, the applicant would have to go through the whole process. Bookey asked, in any instance with either of the ordinances, could the adjacent property owners be affected to the point that property owner would be requesting an encroachment in the future. Springer stated he didn't know why that would happen. He added, it would affect only the adjacent property owner. Bookey stated, that alleviated his concerns in regard to notifying property owners on the other sides. He added, if the encroachment did not impact them in any way as far as development of their properties, he would not object. Springer stated, they wouldn't be impacted at all. Moore asked, what if the six inches would take out the view from the property owners' back porch. Measles noted, the building would have already been there and the view would have already been impacted. Williams noted there was a motion on the floor to amend by substituting Substitute No. 1 for Substitute No. 2. MOORS WITHDREW HIS MOTION FOR AMENDMENT AND THE SECOND ALSO WITHDREW THE SECOND. Williams noted, council was again considering Substitute No. 1 (in the front of the packet) with the notation "Tabled 4 / 21 / 99." VOTE: Bannock Yes Frazer Yes Williams Yes Bookey Yes Swarner No Moore No Measles Yes MOTION PASSED. C-2. Ordinance No. 1818-99 -- Amending the Development Requirements Table of the Kenai Municipal Code, 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. C-2-a. Remove from Table MOTION: Councilman Measles MOVED to remove Ordinance No. 1818-99 from the table and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. C-2-be Consideration of Ordinance. KENAI CITY COUNCIL MEETING MINUTES JUNE 162 1999 PAGE 9 MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1818-99 (Substitute marked "Tabled 4 / 21 / 99") . Councilman Bannock SECONDED the motion. Carl Glick -- Glick stated the Commission's thoughts were the same as the first ordinance, however the difference would be because the building would not yet be built. Glick noted, there had been buildings in which builders were having problems fitting buildings onto the lot. He added, if property owners are to be notified for a five -inch variance on one side of a building, it would only affect the property owner on that side. If a property owner didn't want a house to be built next to his, even though it would not affect him, he could object to it even though the construction would not affect his property. Glick noted, his recommendation would be, if notification needed to be made, it would be appropriate to notify only the person being affected on the side requiring the variance. He added, the Commission approved a variance for a building and when the as -built was submitted, the house was still 2 / 10th a foot over and was required to get another variance. Again, the Commission felt administration was capable of handling this type of an exemption. Glick noted, if it was something that would substantially affect the neighbor, he understood why the property owners would be notified. However, he encouraged council that the notification be only to the property owner on the side of the building the variance would affect. He noted, that was his personal opinion, but felt the Commission's thoughts were the same as the encroachment ordinance, i.e. because applications for variances are made for only a very small amount of footage and they are still covered by the percentage rule. Bannock asked Glick if in his last eleven years on the Commission, had there been any time a variance was requested for 12" or less and received objections. Glick answered, he did not recall of objections to anything under 12" . He noted, objections had been received for variances where they were very close to property lines. Measles stated, historically, whether from change in attitude or more public awareness, there used to be very few objections to conditional use permits and now there seem to be many more and many of those end in an appeal to the Board of Adjustment. He added, he didn't think the historical aspect of non -objections would fit into the future. He asked, assuming the ordinance was passed as it was written, was there any possibility of someone using the two together to end up with as much as a 24" variance or 20% (getting an administrative exemption to reduce the setback requirements prior to building and build over and later request an exemption for the encroachment) . Graves answered, there was nothing explicit in the ordinances that would prohibit that and it would be something that the Building Official would catch. Theoretically, it would be possible. Bannock pointed out the last sentence of the ordinance where KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 10 it noted, "...the exemption on any one front, rear or side setback may not exceed ten percent (10%) of the setback as contained in the Development Requirements Table, or twelve inches, whichever is less." He added, the requirement would not change unless the development table changed. Graves stated, he understood Bannock's comments, but the question would be how an encroachment was defined, i.e. is an allowed variance over the line an encroachment. He added, it was not the intent to provide both the variance and encroachment back to back. Frazer noted, he believed they would be leaving some judgement for the administration and didn't think a building official would approve an encroachment that someone would be doing intentionally to take advantage of the ordinance. Measles stated he wasn't alluding to an intentional encroachment, but someone could know they have an exemption from the setback and believe they could go six more inches over the line, but goes 12" over the line and it may not be caught during the building inspection. In five or ten years it could be caught and at that point, would it apply. Springer noted, the Code requires an as -built survey prior to the final inspection and they were actively requesting the as -built surveys as well as actively looking for final inspections on each building prior to occupancy. He added, at that time would be when possible encroachments would be caught, over and above what was already granted. Measles stated, he understood that and believed a better job of that was being done than ever before but noted many were missed over the years. Swarner asked Springer if he was not in the office, who would grant building permits. Springer answered, City Engineer La Shot. Swarner asked if La Shot would then also do setback administrative exemptions. Springer answered yes. Swarner stated she also believed administration was doing a better job than in years past, but there had been times when items "slipped through the cracks." She stated she still had concerns and would not support the ordinance. Williams noted, he agreed with several members of council in not passing the ordinance because if one should be right, they should be right the first time. He added, he liked the idea of forgiveness after the fact, but not permission before the fact and would not support the ordinance. Bannock stated, he had full faith and confidence in the administration who dealt with Planning & Zoning and had a quality and historical grip on Planning &. Zoning matters. He noted, if council was comfortable with the people and process at the city, the ordinance should be supported. If council was not comfortable with the ordinance and worried a bad decision would be made by administration, they should defeat the ordinance. Measles stated his concern was not the administrative people, but it seemed to be opening the door to a more -or -less automatic exemption because a bigger house may be wanted to be built than what the lot size would allow. He added, if ten percent KENAI CITY COUNCIL MEETING MINUTES JUNE 162 1999 PAGE 11 was being discussed (6" on a house), he felt the plans could be modified for a six-inch structure. Measles added, he didn't know why council would want to make that offer. Williams noted, the ordinance was not a review of whether administration could do the work. He added, he thought by not passing the ordinance, it would take a burdensome issue off the building inspector. Williams noted, he had confidence in administration's abilities. Bannock agreed with that and added he was not interested in increasing or decreasing the workload of the administration. He added, he was supporting the ordinance to make the process easier on the applicant. Bannock added, the process was not an automatic; the administrative process available would not mean the exemption would be automatic whoever the building official would be. If the building official would not be comfortable with the application, the Commission could approve the exemption. Williams stated, it would, however, open the building inspector and administration to a lot of criticism and perhaps legal involvement in regard to the building owner being affected on either side. Graves stated the adjacent property owner would have the right to file an administrative appeal. Measles stated, they wouldn't know about it because they wouldn't be notified until the building was built. Graves agreed. Williams suggested that would be a potential problem in regard to commercial buildings. Springer noted it wouldn't have an impact on the neighbor because there were no municipal setback requirements in commercial zones. The requirements were those of the Building and Fire Codes and they were non-negotiable. Frazer asked if a person was not pleased with the decision of the appeal, they could appeal through the court system. Graves answered yes, however the concern was the person couldn't appeal because they wouldn't be notified about the application for the exemption. VOTE: Bannock Yes Frazer Yes Williams No Bookey No Swarner No Moore No Measles No MOTION FAILED, C-3. Ordinance No. 1829-99 -- Increasing Estimated Revenues and Appropriations by $10,000 in the Airport Land System Special Revenue Fund for Utilities at the Alaska Regional Aircraft Fire Fighting Facility (ARFF). MOTION: KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 12 Councilman Measles MOVED for adoption of Ordinance No. 1829-99 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bannock Yes Bookey Yes Measles Yes Frazer Yes Swarner Yes MOTION PASSED UNANIMOUSLY. Williams Yes Moore Yes C-4. Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by $424,467 in the '98 Water System Improvements Capital Project Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1830-99 and Councilman Moore SECONDED the motion. There were no public comments. C-4-a. Substitute Ordinance No. 1830-99 -- Increasing Estimated Revenues and Appropriations by $724,467 in the '98 Water System Improvements Capital Project Fund. MOTION: Councilman Measles MOVED to amend Ordinance No. 1830-99 by replacing it with Substitute Ordinance No. 1830-99. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. City Manager Ross explained, the bids came in over the amount of funds that were set aside for the project. Administration requested and received permission from the Department of Environmental Conservation (DEC) to apply a portion of the Wellhouse No. 4 grant to this project and with the understanding the city may apply for supplemental funds for the Wellhouse No. 4 grant when that project proceeds. Public Works Manager Kornelis noted, $600,000 would remain in the Wellhouse No. 4 project fund. Williams asked how using some of the Wellhouse No. 4 funds would affect the wellhouse project. Kornelis answered, the wellhouse project would be done in phases; Phase 1 would include an exploratory well, production well, water lines into the well, and Phase 2 would include the construction of the wellhouse building He added, DEC did not have a problem in using Wellhouse No. 4 funds and the current money in the project was all grant money and this would be additional grant money. He noted, there would be city matching funds of 30%. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 13 Kornelis added, the original ordinance was to appropriate the 1997 and 1998 municipal grants. The bids came in over the estimate, however the city's estimate was based on the grants for the project and the city's experience with Wellhouse No. 3 project. Moore asked how the ordinance related to Resolution No. 99-39 yet to be considered. Ross answered, Ordinance No. 1830-99 was appropriating the funds and Resolution No. 99-39 would award the bid. Kornelis noted two previous ordinances (1782-98 and 1805-98) appropriated a total of $745,650 toward the project. He added, they would be using five grants to fund the project. Williams asked Ross and Semmens if they were comfortable with the flow of the funds and the amounts. Ross explained, when the bids came in over the estimate, the options were to use money from the Water/ Sewer Fund balance or ask DEC if the city could use a portion of the appropriation from Wellhouse No. 4 for this project since it was part of the water well system and, if that was possible, if DEC would then be amenable to a supplemental grant request to replenish the funds for the wellhouse project. DEC answered yes, funds could be used from Wellhouse No. 4 and they were amenable to a grant request for supplemental funds for the wellhouse project. Ross added, they were attempting not to go to the Water/ Sewer Fund balance to fund the project. He added, although there was no guarantee from DEC, they did give permission to use Wellhouse No. 4 funds. Semmens stated he felt using a portion of the Wellhouse No. 4 funds was the best option because city funds would not have to be spent at this time. Moore asked how much the bid was over the engineer's estimate and Kornelis answered, the bid was $1,103,160 plus $66,795 (needed for some equipment) plus $20,000 (programming) plus $83,682 (contingency) which totaled $1,273,673. He added, the funds needed to cover that cost was $300,000 which was being taken from the Wellhouse No. 4 project. Moore noted, the city went to bid for the project knowing it would cost more than the funds already available. Kornelis answered, it was close, but yes. He added, the estimate they had at the time of the bid was a little under and that was why there were many alternates. He added, a professional estimator was used and came up with close to $1,000,000. Semmens noted, administration did know it had other municipal grant monies which were available if the project would come in higher than the budget. Ross added, he also had concerns when he was looking at the other ordinances which appropriated the funds. He noted, when submitting a grant, it is done without the benefit of engineering and estimate. He added, Public Works Department uses an estimate, submits a grant, grants are added together, and then the project goes to design and engineering. VOTE: Bannock Yes Frazer Yes Williams Yes Bookey Yes Swarner Yes Moore Yes Measles Yes KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 14 MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1831-99 -- Increasing Estimated Revenues and Appropriations by $1,782 in the Cunningham Park Capital Project Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1831-99 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Bannock Yes Bookey Yes Measles Yes Frazer Yes Swarner Yes MOTION PASSED UNANIMOUSLY. Williams Yes Moore Yes C-6. Resolution No. 99-35 -- Awarding a Janitorial Contract for the Kenai Municipal Airport to Keith Stuart for the Period July 1, 1999 Through June 30, 2000. MOTION: Councilman Measles MOVED for adoption of Resolution No. 99-35 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 99-36 -- Approving a Contract to North Star Paving, Inc. for the Project Entitled Crow Court 1999 Improvements for the Total Amount of $30,511.55. MOTION: Councilman Frazer noted he lived in Crow Court and requested consideration of whether he had a conflict in regard to the resolution. Mayor Williams stated he represented others living on the street and determined there was no conflict. MOTION: KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 15 Councilman Frazer MOVED for approval of Resolution No. 99-36 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 99-37-- Transferring $2,450 in the General Fund for Document Imaging. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-37 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-9. Resolution No. 99-38 -- Transferring $6,113 in the General Fund for a Telephone System Replacement. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-38 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. Ross referred to his memorandum included in the packet in which it explained the telephone system was reviewed in two phases in response to Y2K concerns. They were; total upgrade of the system which was found to be too expensive, and upgrade of the software and everything available through the system except the hardware, which was approximately $1,600. He noted, the latter was done for the Y2K upgrade and an $1,800 credit would be received against the package. The software upgrade for the system would allow for automated handling of calls and would provide voice mail for City Hall. Ross added, the cost of the package was lower because of the credit. Ross noted, he envisioned the process of call handling to be like the Borough's; a recording would answer the phone directing the caller to enter the extension and the ability to leave a voice mail message to that person. Bannock asked if a person would be designated to answer the phone. Ross answered, at the present time no because the desks are close together and it is difficult to tell whose line is ringing. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 16 He added, the present City Hall telephone system was very inefficient. Bannock stated he would reluctantly agree to the upgrade, but preferred a person answering the phone. There were no public comments. VOTE: There were no objections. SO ORDERED. C-10. Resolution No. 99-39 -- Approving a Contract to Zubeck, Inc. for the Project Entitled 1999 Water System Improvements for the Total Amount Of $12103,160.00. MOTION: Councilman Moore MOVED for approval of Resolution No. 99-39 and Councilman Bookey SECONDED the motion. There were public comments. Moore stated he believed this was clarified earlier. He noted, the engineer's estimate was within $1, 000 of the total project with the additive alternates. He added, it was nice to see, but not enough money was available. Ross explained the city's estimate was based on grant estimates and not engineering estimates. That was why there was a difference. VOTE: There were no objections. SO ORDERED. C-1 1. Resolution No. 99-40-- Awarding a Four -Season Lease (June 17, 1999 to October 1, 2002) of Kenai Dock Station No. 2 to R&xJ Seafood for the Seasonal Base Bid of $8,200 Plus $0.0375/Lb. Over 218,667 Lbs. MOTION. Councilman Bookey MOVED for approval of Resolution No. 99-40 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-12. Resolution No. 99-41 -- Transferring $3,000 in the Airport Land System Special Revenue Fund for Advertising the Kenai Municipal Airport. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 17 MOTION: Councilman Measles MOVED for adoption of Resolution No. 99-41 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, BREAK TAKEN: 9:27 P.M. Councilman Measles departed from the meeting. BACK TO ORDER: 9 :43 P.M* ITEM D: COMMISSION / COMMITTEE REPORTS D-1. Council on Aging-- Swarner reported no meeting had been held recently. She referred to applications of Betty Curtis and Richard Jurgensen for appointment to the Council on Aging which were included in the packet. Council approved the appointment of Richard Jurgensen. D-2. Airport Commission -- Bannock reported he attended the meeting for Councilman Measles. He noted the item of discussion for approval of office space rental at the airport was included on the council agenda for this meeting at Item H-7. D-3. Harbor Commission -- Bookey reported the meeting minutes for the June 7 meeting were included in the packet. Kornelis added, the Commission was informed of council's decision regarding dock fees. Williams noted he had been asked again why the city didn't consider selling the river basin property it owns (wetlands above the bridge) . Ross explained, a State Commercial Appraiser was in Kenai in the past week doing appraisals on the property. The State would be putting a proposal together and submit it to the city, but he believed they were reviewing 1,200 acres. Williams added, he never objected to selling the land, but had concerns about the federal government's perceived value of the land. Bookey asked if they were proposing to sell the lower half of the river property as well. Williams answered no, only 1,200 acres above the bridge, but he was not aware of which 1,200 acres of the 1,800 acres the city owns. D-4. Library Commission -- Moore reported the minutes of the last meeting were included in the packet. He noted several of the issues discussed by the Commission were before council at Item H-6. Moore also reported the next Commission meeting was scheduled for August 3. KENAI CITY COUNCIL MEETING MINUTES JUNE 161 1999 PAGE 18 D-5. Parks & Recreation Commission -- Frazer reported the minutes of the last meeting were included in the packet. He noted, the meeting was lengthier than usual with a presentation by Vince Wagner regarding a pull-out at Cunningham Park for drift boats and subsequent discussion. Frazer stated Wagner was directed to develop his plans and present them to Administration and the Commission. From there, a recommendation could be made back to the council. Frazer noted, a portion of the conversation was regarding a small piece of property the city owns in the wetlands which might accommodate Wagner and others. Also discussed was the road into the Municipal Cemetery and damage to graves from snowplowing the road. He noted, the Commission was considering the closure of the road and making it a walking path (other than for funerals) . Also, the charge for opening and closing of graves was increased and the Commission discussed the cemetery sign, though no resolution of that matter was made. Williams complimented the Parks & Recreation Department and staff for the care taken at the cemetery. He asked Clerk Freas how many plots were still available. Freas answered, there were quite a few available plots in the new portion of the cemetery on the right. She noted, people were encouraged to purchase plots in the new area and not the Pioneer area due to a lack of records for plots in the Pioneer area. She added, there were additional plots in the back corner which had been platted and that area was on the list of summer jobs for the Parks crew to clean out and ready for use. Bookey asked what Administration would be doing to protect the graves from damage by plows along the cemetery road. Parks & Recreation Director Frates answered, the Commission discussed either abandoning the circle part of the roadway making it a walkway or put a parking lot area in the back area using a portion of the turnaround road. However, that would only allow space for two or three vehicles in that parking area. He added, something definitely needed to be done. D-6. Planning & Zoning Commission -- Bannock reported the minutes of the May 26 and June 9 Planning & Zoning Commission meetings were included in the packet. He noted, the Commission had several site plan reviews and Administration requested screening be placed around dumpsters for the reviews before them and for future site plan reviews. The site plan reviews before them at the June 9 meeting were approved. Bannock also noted, the Commission reviewed the plans for the Chevron station at Willow and the Spur Highway. He noted, the station was to be remodeled to be a mini -mart and gas station. He added, Items C and D were also approved. D-?. Miscellaneous Commissions and Committees D-7-a. Beautification Committee -- Swarner reported volunteers and members of the Committee had been busy planting and weeding. It was noted, the KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 19 raised flower box at the Kenai Fire Department was being prepared for planting. It was noted, the idea for the box was from one of the fire fighters and the plantings would be arranged to spell out "KFD." D-7-b. Historic District Board -- Moore noted the Annual Certified Local Government Report was included in the packet for council's review. He also noted an application from Emily DeForest for appointment to the Historic District Board was included in the packet. There was no objection to the appointment of DeForest to the Board. D-7-c. Kenai Visitors & Convention Bureau Board -- No meeting. D-7-d. Alaska Municipal League Report -- No report. ITEM E: MINUTES E-1. Regular Meeting of June 2, 1999. Approved by consent agenda. ITEM F: CORRESPONDENCE -- None. ITEM G: OLD BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner 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. Councilwoman Swarner MOVED to approve the Purchase Orders Exceeding $2,500 and including the purchase order to Cleanway Janitorial Service in the amount of $9,008. Councilman Bookey SECONDED the motion. Bannock noted a possible conflict and noted one of the vendors on the list was a wholly -owned subsidiary of the company for which he works and was an officer. Attorney Graves stated Bannock wouldn't have a direct financial interest in the KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 20 approval of the purchase order, but it would be one on which the courts would require disclosure. Since Bannock made the disclosure, there would be no direct conflict. Williams directed there was no conflict and Bannock's vote would be accepted. VOTE: There were no objections. SO ORDERED. H-34, Ordinance No. 1832-99 -- Increasing Estimated Revenues and Appropriations by $55,000 for Preliminary Design Work on the Kenai Coastal Trail. Introduced by consent agenda. H-4. Ordinance No. 1833-99 -- Extending the Term for Investment Maturities From Two Years to Five Years and Changing Liquidity Requirements. MOTION: Councilwoman Swarner MOVED for introduction of Ordinance No. 1833-99 and Councilman Bookey SECONDED the motion. Finance Director Semmens explained, after Councilman Moore's discussion at a recent budget work session regarding the return on investments, he recommended this ordinance be offered. He noted, he had thought since he first started working at the city, these changes could be made. Semmens stated, with the amount of funds the city has ($12 million in trust funds), it didn't make sense to invest those funds for only two years. He explained, the ordinance would allow investment up to approximately $9 to $10 million in securities which would have maturities between two and five years. Also, there was a limit to the portfolio of what could be invested in securities longer than two years. If $10 million would be invested for five years, the spread would earn an additional $50,000 to $80,000 a year on that money. He noted, there would be no credit risk for securities invested at two years. The risk would be if an investment was made in the five-year area and during that time, the two-year rate would surpass the five-year rate. He noted, he felt there would be little risk in extending the maturity to take advantage of the higher rate. Semmens added, he didn't think there would be a problem in regard to cash flow since there was another $20 million of the city's portfolio. He noted, the ordinance was not included on the consent agenda in order to discuss it prior to the public hearing and give council time to think about it and ask questions between the meetings. Bookey noted the $10 million could not be used for anything more than investment purposes anyway. Semmens answered yes, and added, it couldn't be spent (although KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 21 it is co -mingled with other city funds). He noted, the city could consider developing its own permanent fund like the City of Valdez, but he was not familiar enough to recommend doing that at this time. Semmens added, currently the city had to have 20% of its portfolio in short-term (under one year) investments to guarantee cash flow. He added, he was recommending the restriction of those investments be limited to US Treasury Bills and US Treasury Notes because there were other authorized investments offering the same level of liquidity, but at a higher interest rate and the same type of security. He noted, US Treasury Notes and US Treasury Bills were guaranteed by full faith and credit of the US Government. Their agencies and instrumentalities which, although not fully guaranteed in the same way, provide the same credit guarantee that treasuries did. The code allows other investments to be made, but the liquidity requirements direct they be either US Treasury Bills or Notes or repurchase agreements or investment pool. Semmens added, the change would be to allow any of the city's authorized investments that are under a one-year maturity, to meet the liquidity requirements. He noted, he saw no disadvantage to that. Semmens added, the other change was to make it so that no more than 30% of the portfolio could be invested for longer than two years. Also, the only bank the city currently did repurchase agreements with was the National Bank of Alaska (monies in the checking account which are invested overnight) . Semmens added, there was no change being made to the authorized securities and no change in anything other than the maturity. Graves noted the Charter stated, "...City funds may be invested only in the following: general obligation bonds and other general obligation evidences of the indebtedness of the United States, State of Alaska, of other states in the United States, of this city, of other cities of this state, and of boroughs of this state and other such securities as may be authorized by law." VOTE: Bannock Yes Bookey Yes Measles Absent Frazer Yes Swarner Yes MOTION PASSED UNANIMOUSLY. Williams Yes Moore Yes H-5. Approval -- Change Order No. 1 /Peninsula Construction, Inc. - $1,782.00. MOTION: Councilman Bookey MOVED for approval of Change Order No. 1 to Peninsula Construction, Inc. in the amount of $1,782.00. Councilman Frazer SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 22 Swarner stated she visited Cunningham Park before the meeting and thought it looked very nice. She asked if the work included on the change order had been done and Kornelis answered, all of it. Moore asked if council had not, some time ago, directed that change orders under a certain amount did not need council approval. Ross explained, because the funding for the project was a donation and because the engineering had been done by the city, the council earlier appropriated the excess money. There was no contingency or construction account and that was why the change order was before the council. He noted, the costs of the changes were below $2,500 and the total amount of the change order was below $2,500. Ross added, had the money been in a construction contingency account, the change order would not have been brought to council for approval. VOTE: There were no objections. SO ORDERED. H-6. Approval -- Kenai Community Library H-6-a. Amendments to Library Regulations MOTION: Councilman Moore MOVED for approval of the amendments to the Library Regulations and Councilwoman Swarner SECONDED the motion. Moore noted, the changes to the regulations had been unanimously approved by the Library Commission. VOTE: There were no objections. SO ORDERED, H-64. Changes to Lending Policy MOTION: Councilman Moore MOVED for approval of the lending policy changes and Councilwoman Swarner SECONDED the motion. Moore noted, the Commission also approved the changes to the lending policy. VOTE: There were no objections. SO ORDERED, H-?. Approval -- Special Use Permit/Dottie Fischer, d/b/a Alaska Best Travel -- Space 36A, Kenai Municipal Airport Terminal. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 23 Acting Airport Manager Holland explained, Dottie Fischer, d/b/a Alaska Best Travel was currently renting space for her travel agency business, however she wanted to also rent additional office space (Space 36A) where she could work after hours and not have the public interrupt her work and to house the ticket printer. He noted, Fischer wished to continue rental of the current space as well. Ross noted, the lease agreement provided for a means of vacation if the space was requested by an air carrier. Bannock noted, the matter was addressed at the Airport Commission meeting and was unanimously approved by the Commission. MOTION: Councilman Bannock MOVED for the city to approve a Special Use Permit to Dottie Fischer, d/b/a Alaska Best Travel, Space 36A at the Kenai Municipal Airport Terminal. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM I: I-10 Mayor ADMINISTRATION REPORTS a. Industry Days Picnic -- Williams noted the picnic was moved to August 7. b. Possible Construction of Hotel and Convention Center -- Williams noted, he had a discussion with a party who was interested in building a hotel and convention center in the city. The person was a major stockholder in the Nike Corporation and would be visiting the area on July 5 to look at property, etc. The investor likes domed buildings and stated if the project would go forward, it would be built by a local contractor who builds domed buildings. Williams added, he was taken on a tour of one of the domed buildings and was surprised by the look of the inside of the structure. Williams continued, possible tracts of land to be considered would be city property adjacent to the FAA property and Daubenspeck property. It was noted by Building Official Springer, engineer -approved drawings would be required for this type of building. Williams requested council to tour one of the domed buildings in the area with him and they set 6:00 p.m., June 23 as the date for the tour. He requested Springer, Ross and City Engineer La Shot to attend if possible. I-2, City Manager -- KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 24 a. Dena'ina Point Estates Ownership List -- Ross noted, the list was included as Information Item No. 2 at council's request. b. Dock Boat Storage Yard -- Ross reported the lease of the boat yard was extended to August 30 to allow for the lessee to remove his equipment. He noted, the rent would be the same and there had been no other requests to rent the property. Ross added, the lessee owns the fencing and it may be removed. C. Airport Manager Hire -- Ross reported Rebecca Cronkite was hired as the new Airport Manager and she would begin work on July 19. d. FAA Flight Service Station -- Ross reported a change order would be coming forward at the next council meeting for relocating conduit and wiring in the roof at the Flight Service Station. He explained, the work was required due to the conduit and wiring being in the way of the installation of the HVAC units. He noted, the work would be completed prior to the next council meeting. I-3. Attorney -- No report. I-4. City Clerk -- Clerk Freas referred to a request from the Kenai Central High School requesting the purchase of an add in the 1999 / 2000 KCHS Football and Basketball Program. Freas noted, council included $200 in their budget for this purpose and asked if council wanted to proceed with the donation. Council had no objections to the donation. Councilwoman Swarner suggested the city's website be added to the information in the advertisement. Freas also informed council she would be out of the office for the next week due to family visitors to the area. I-5. Finance Director -- Semmens distributed the 1999-2000 budget to council. I-6. Public Works -- No report. I-?. Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens -- None J-2. Council Bookey -- Bookey noted Bannock had suggested a certain ordinance be re- evaluated in the future and in retrospect he knew of some he would like to review as well. He requested a work session to review these and any other ordinances the commissions, administration, etc. felt should also be reviewed. He requested the commissions and committees review codes in which they are involved and offer their suggestions. KENAI CITY COUNCIL MEETING MINUTES JUNE 162 1999 PAGE 25 Swarner a. Requested evaluations be scheduled for the City' Manager, City Clerk and City Attorney. b. Asked if the lawn repair and reseeding had been completed on private yards around the city (brought about from snow plows). Kornelis answered he believed they had except for a lawn just reported on Norman Street. Frates noted, the Parks Department had not completed all the reseeding, but were working on the list. Swarner stated she would like the dirt and reseeding work done as soon as possible. c. She noted she had driven on Kaknu and noted there was a home which had a number of geese on the property. She asked if that was allowed. Attorney Graves explained the city had no regulations regarding animals other than cats and dogs. He noted, a proposed ordinance in this regard was brought forward several years ago and defeated at Planning &Zoning. d. Swarner noted there had been some grass damage at Kaknu and the Spur Highway in front of the Middle School and dirt piled on one end of James Street (off Kaknu). Kornelis noted the city did not maintain James Street. Frazer asked about, the section on Tinker where there was grass damage from a former resident driving over the grass instead of using the driveway. Kornelis answered, dirt and grass seed was to be placed. e. Swarner noted the flower baskets had been hung in Old Town and looked very nice. Moore -- Noted the parking lot at South Spruce Street looked good and asked if signage would be placed. Ross answered, Frates, Lt. Kohler and Kornelis were working on how the parking would be arranged and the signage should be placed by July 1. He noted, there would be no parking allowed on either sides of the road on South Spruce. There had been an attempt to get in touch with the private property owner on whose land people had been camping to do some restrictive measures there. He added, that should be all in place by July 1. Kornelis noted, parking spaces would be painted in for the summer. Bannock -- Reported he had toured the Fire Department (built in 1972) with someone from out of the area and it was noted what a nice new building it was. Bannock stated he believed the Department did an outstanding job of caring for the building on the outside and inside. Frazer -- No comments. Williams -- Noted a the letter of resignation of Jim Elson (included in the packet) from the Economic Development District. He explained, Elson had been hired as the Interim Manager and because Elson was representing the city, an appointment would have to be made by council to fill the seat. Williams noted Councilman Frazer had stated interest and wanted to attend some meetings to learn more about the organization. Williams requested council's permission to have Frazer KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1999 PAGE 26 attending some meetings. Also, Williams would find out if the city's representative could be an elected official. Williams also noted a meeting regarding the future of the EDD would be held at Soldotna City Hall on June 24. EXECUTIVE SESSION - None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk �l1'I✓ t1 :',.: i� y:WY'W 1 +ya i � �C IL m, 171-1a, 2CLERIKC