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HomeMy WebLinkAbout1998-03-18 Council Minutes• C7 AGENDA KENAI CITY COUNCIL - REQiiLAit MEWING MARCH 18. 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Ronal.not/city 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Resolution No. 98.11- Transferring $28,185 From the Airport Land System Special Revenue Fund to the (General Fund. 2. Resolution No. 98-12 - Transferring $14,450 From General Fund Non - Departmental Contingency to Pay Rent on the New Animal Control Shelter. 3. Resolution No. 98-13 Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Gift Shop Concession to Jep Frederick -. Hansen d/b/a/ Alaska Wild Fin. D. COMM-1011 NICOMMITTEE 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. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report 1. *Regular Meeting of March 4, 1998. c • � I Ise,; 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1776-98 - Replacing KMC 12.20.010, (Expectorating on Streets and Sidewalks) With New Wording Described as "Deposit of Refuse." 4. *Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 5. *Ordinance No. 1778-98 Including the Newly Created Position of Public Works Manager- as One of the Positions Exempted From the Fair Labor Standards Management Act. 6. 7. Approval - Change Order No. 3/Alaska Regional Fire Training Center/Alvan General, Inc. - $1479193.45. Approval - Special Use Permit/ Portion• of Tract A, General Aviation Apron #2 - Kenai Air Alaska, Inc. Discussion - Schedule Budget Work Sessions Discussion - Ordinance for Moratorium/Reapplying for Conditional Use Permit After Denial. -2- • • 10. Discussion - Lease Application/James H. Doyle, Tract B, Gusty Subdivision No. 6. 11. Discussion - Lease of Counter Space/Kenai Airport Terminal - Artha L. (Bonnie L. Koerber, Garrison Corporation d/b/a Budget -Rent-A-Car. EXECUTIVE SESSION - None Scheduled. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council ' K. ADJOURNMENT -3- KENAI CITY COUNCIL - REt1ULARETINtI MARCH 1891998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J* WiLLIA,M$o PRBBIDINt,1 lim Al Mayor Williams called the meeting to order at approximately 7:00 p.m. is the Council Chambers in the Kenai City Hall Building. Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL 9" Roll was taken by the City Clerk. Present were: Bookey, Moore, Bannock, Smalley and Williams. Absent were Swarner and Measles. A-5. A_00�APPROVAL . Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Gone Kempf - Water/ Sewer Charge- Concerns (DOTE TO COUNCIL - THE CITY 18 IN LMOATIOII WITH MR. KZMPF IN REGARD TO THIS MATTER -REQUEST FOR JUDGrMENT RAS BEEN FILED.) BU813TITUTE: B-19 Payments Over $2,500 - Substitute Includes overage of purchase order toy Copy -Cats or City/Chamber brochure's. ADD TO: I.10 DOT letter - Regarding Bridge Access Road speed limit changes. ADD TO: I-1, Frontier Comm- n Services letter requesting City's letter of support their Child's Play program (..."an educational and supportive service for parent(s) and foster parent(s) who have children birth to five. with challenging behaviors that are at risk for abuse and neglect.") ADD TO: I. I, Division of Fire Preveatlon letter regarding Alaska Fire Chiefs Association Spring Conference. ADD TO: I.19 3/ 12/98 Rep. A11en Remplen letter regarding use of Permanent Fund undistributed earnings for community needs. 0 • KENAI CITY MARCH 18, PAGE 2 MOTION: COUNCIL MEETING MINUTES 1998 Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6. Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM SCKRDULKD P'iTBI1 IC,�O�� B-1. Gene Kempf - Water/Sewer Charge Concerns Mayor Williams noted this matter is in litigation matter when it was added to the agenda at the beginning of the meeting. Mr. Kempf explained he built a speculation house in 1996 and initiated water/sewer service to the house. He told the city no one was living in the house and the house was for sale. He was told that whether or not someone was living- Mri the house, - there: would still be water/sewer- charges assessed._ In December the water service was turned off due to non-payment of the bill. He has since sold the house. Kempf added, he had discussed the matter previously with the City Attorney after the water service had been turned off and stated he would pay the amount owed up until. the water was turned off (December). He noted, he would have come to council before, had he known he could. Kempf stated he did not think he should have to pay for water after it had been turned off and when no one was living in the house. He would like to solve the matter without going to court, but was told there could be no negotiation. Kempf also stated, he was informed council would not take any action because the matter was in litigation. Councilman Bookey asked if the matter was in litigation. Attorney Graves answered; yes. Councilman Smalley asked Kempf if the service was still available, even though he was no longer hooked up to water. Answer was yes. . KENAi CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 3 E Williams noted Kempf stated he had sold the house and asked if the charges accrued previous to last summer. Kempf answered yes. Kempf added, he thought the city should do something about the ordinance as he did not believe it fair to charge a service if it is not being provided. Councilman Moore asked if the ordinance was being enforced. Attorney Graves answered, yes and added, the ordinance clearly states water service will be charged whether or not the structure is occupied. When asked, Graves reported the amount owed was approximately $750 which included the water service charges (approximately $400) plus attorney and process fees. Graves added, if the charges are waived for this account, it would affect 1600 other water accounts. Kempf added, he thought something should be done about the ordinance as he was being charged for a service which had been discontinued. Williams stated council appreciated Kempf coming forward. He added, it is a concern that bas come up several times over the years, but has not been changed. No further discussion. C-1. Resolution No. 98-11 - Transferring $28,185 From the Airport Land System Special Revenue Fund to the General Fund. MOTION: Councilman Smalley MOVED for the adoption of Resolution No. 98-11 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-2. Resolution No. 98-12 - Transferring $14,450 From General Fund Non - Departmental Contingency to Pay Rent on the New Animal Control Shelter. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 98-12 and Councilman Smalley SECONDED the motion. • KENAi CITY COUNCIL MEETING A4INUTES MARCH 18, 1998 PAGE 4 There were no public cocnents. Mayor Williams explained for those in the audience, council invested in an animal shelter using airport funds and is leasing the land on which it site from the Airport Fund. This alleviated using General Fund monies. 'The City will now pay rent to the Airport Fund at six percent of the property value. Moore noted, the lease rate .is set at six percent of fair market value: He asked, if the value rises, will the lease rate also. City Manager Ross answered, historically, the city has set the lease rate on its own properties and has not adjusted that lease rate. The lease rate for this property will continue at six percent. He added, the City, in dealing with its airport funds and lands has not done a reappraisal, but has used property costs as a base and the Airport Fund is continuing to receive the return as if the monies were still in its account. He also noted, FAA has not questioned this practice in 30 years. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. . C-3. Resolution No. 98-13 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Gift. Shop Concession to Jep Frederick Hansen d/b/a/ Alaska Wild Fin. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-13 (noting the resolution included in- the packet was misnumbered as- 97" 13): Councilman- Bannock SECONDED the -motion as -corrected. Job Hansen - Owner of Alaska Wild Fin. Hansen reported he and his wife have been in business for approximately four years manufacturing and selling Native arts and crafts. They are making approximately ISO types of items at their location in . Soldotna at this time. He added, 90% of the gifts they sell are made in Alaska by Alaskans and Alaska Natives. Many of the items they sell are one -of -a -kind or limited editions. Hansen continued, they plan to have the. gift shop at the airport open seven days a week and plan to have their store hours I at 8:00 a.m. to 10 p.m. during the summer. They plan their winter hours to be 9:00 a.m. to 7:00 p.m. They also plan to move in a portable paragraph engraving machine for engraving gold, silver and bone in the winter to take up some of the business slack time. • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 5 Attorney Graves noted Article 4, Paragraph (d) discusses the suggested hours of operation for the gift shop which is as specific as possible without micro -managing the operation. VOTB: There were no objections. 80 O. D-1. Council on Aging Williams reported there was no quorum and the meeting was rescheduled for Monday, March 30, 1998. D-2. Airport Conraission It was noted the meeting was held on March 12 and the minutes were not available for this packet. Items discussed would be considered later in this council meeting D-3. ' Serbor Commission Councilman Bookey reported the minutes of the March 9 meeting were included in the packet. Bookey noted, the Commission discussed the boat yard lease renewal to Snug Harbor, rates and whether an RFP is required. He added, Attorney Graves advised Public Works Director Kornelis an RFP was not required, however he believes the Commission will ask that it goes to an_ RFP. At this time -the- Commission doesn't know if they want to do a year lease or a multi -year lease. The Commission also briefly discussed the Corps of Engineers Reconnaissance Report of Navigation Improvements and noted that because the city would have to fund 50% of their project, the Commission asked that it be shelved for the next five years. Bookey added, the Commission did not want to give up on the project, but to continue to look for other funding programs. The Corps will allow shelving the report for five years without losing everything done to this point. Bookey also reported the Commission reviewed and worked on an' update to their goals and objectives. The draft list was attached and included in the packet. The Commission will further discuss and finalize the list during their next meeting. Bookey explained the Commission is requesting .to change their next meeting date from April 6 to 13 to accommodate some of the members' schedules. KEIdAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 6 MOTION: Councilman Bookey MOVED to change the date of the next Harbor Commission meeting from April 6 to April 13. Councilman Smalley SECONDED the motion. There were no objections. SO O" BRED. Councilman Moore noted the draft goals and objectives listed development of a parking fee for dipnet fishing. He asked if the Commission reacted to the Board of Fisheries motion to table discussion regarding the city's request until February 1999. Bookey answered, there had been no discussion to this point. Williams noted the Commission's discussion on page 6 regarding their long-term goal to "...provide a combination of boardwalk and pathway from the dock pad to the existing boardwalk at the bird watch area ... it was noted that funding can come from various sources to include Exxon Valdez, Ducks Unlimited and the State." Williams stated, Ducks Unlimited has found it to be very lucrative to hold Ducks Unlimited banquets in Kenai for the purpose of fund-raising. However, their past directors have stated to him personally that they have no intentions of investing any monies in this area. He added, he told them he had no intention of supporting Ducks Unlimited anymore and has not for the past five years. Williams added, he was not in favor of supporting an organization that comes to the community to solicit funding to be used somewhere else which does not benefit the community from where they raised the money. Williams noted, this was a personal statement and not one on behalf of the council. D-4. Library Commission Councilman Moore noted the next meeting will be held on April 7. The minutes of the last meeting were included in the packet which he reported on during the March 4 meeting. Librarian DeForest reported the Writers' Night was very successful and there was interest to do it again in the future. D-5. Parks & Recreation Commission a. Youth Football League - Councilman Smalley reported the Commission met on March 5. During the meeting, the Commission discussed a request from Steve Foster representing Youth League Football, regarding use of the FAA football fields for their program in August and September. It was noted some improvements would have to be made to the field. They are to meet with Administration to discuss their request and potential liability waivers. • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 7 b, Ede Steen Fuck - Also discussed was the Eric Hansen Park and a copy of the proposed plan was included in the packet. Parks & Recreation Director Frates noted the design was developed by the Commission with the help of the Kenaitze Indian Tribe and the Hansen family. Frates added, the Commission was submitting the plan to council for approval. He noted there was no landscaping built into the plan, however the Beautification Committee will probably discuss the landscaping at a future meeting. Councilman Moore questioned whether the six-inch crushed aggregate with geo- textile on grade will be wheelchair accessible. Kornelis explained, the geo-textile is the material that is used to keep silts from coming up through the gravel. The gravel will be compacted and no excavation will be done. There will be timbers placed along the outside of the path. The paths will be similar to those placed in the Municipal Park by the Lions Club. Kornelis added, crushed gravel meets the ADA requirements. Smalley asked if Frates was asking for approval from council at this time. Frates answered yes. • moa7os: Councilman Smalley MOVED for approval of this concept as presented and Councilman Bannock SECONDED the motion. Smalley explained he used the word "concept" because the plan may need some minor adjustments. Bookey stated, because there will be some changes in the beautification of the park, he did not want to approve anything at this meeting that was final. He added, -he would consider it as a "concept" approval. Williams asked about the memorial and Frates explained, Dr. Hansen would be meeting with manufacturers of the statue during a trip out of state. Williams suggested planting trees could be done during Arbor Day at the park. VOTE.. There were no objections to the conceptual approval. 80 ORDERED. C. . C►ampiug/Softball Gmen. Bttlp - Smalley reported the Commission discussed problems that have come up in the past with camping on the softball green strip during softball tournaments. He explained, camping has been allowed along the green strip in the past with written permission of the city manager. Smalley reported a letter is being sent to all the softball teams to inform them of the proper procedure for no parking and that cooking is to be done in the pavilion, use of restrooms, orderly behavior, etc. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 8 Ross explained there were several concerns stated last year in regard to softball players using the green strip for camping during softball tournaments. Complaints included parking, use of business dumpsters, fires on grass, dumping of hot coals=on the grass, etc. Additionally, when the tents are set up there, other visitors to the area, who may not be softball players, believe it's a camping area. Ross noted his concern that dipnet fishery users will see the tents there and think it is a place where camping is allowed. Ross continued, the code is specific however it does allow for the city manager to give permission to use city property for camping. He intends to have council discuss the matter during the next council meeting prior to letters being sent out to softball players. He added, he wants council to address some of the issues and decide whether they want to continue allowing camping on the green strip. Ross added, originally, when the code was written to allow camping on city property with written approval of the city manager, it was put in place for special traveling campers using the FAA fields. This year, there are six or more tournaments scheduled to be held in Kenai. This will take many weekends out of the summer when local residents will not be able to use the pavilion and green strip and its facilities for community use. Moore asked if a fee was charged to use the green strip for camping. Ross answered . no. Bannock requested the Parks & Recreation Commission members be informed this topic will be discussed during the next council meeting. d. Bernie Huss Fitness Trail - Parks & Recreation Director Frates reported the Commission is planning -some site improvements -to the Bemie Huss Fitness 'Trail. - He noted a local Girl Scout submitted plans for her Gold Award which includes work on the Fitness Trail. The Girl Scout organization in Anchorage has approved the project. The work will be done during the summer. e. 21't CentW Grant - Frates also reported he and several teachers from the Kenai Middle School were developing a proposal for a 21'` Century education. grant for communities to assist in after school and tutor programs. Because of the time frame, they will forward their application next fall. The grant awards can be from $35,000 to $200,000. d. Spring Break - Frates reported the volleyball courts and gym will be available for school children's use during spring break. , • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 9 D-6. Punning & Zoning Commission Smalley reported a variance permit application for an over -sized, internally lighted sign for Grace Brethren Church was continued until the Commission's next meeting. It was continued due to only four members in attendance at the meeting. All four would have to vote yes to allow the variance. Commission members felt that since there probably would not be enough votes to pass the request, they would move it to the next meeting to be sure the request was given a fair chance. Smalley continued, another variance permit application for the One Stop by Thompson Park was also continued to the next meeting for similar reasons. He noted, the sign size had been reduced to about 14 sq. ft. over the limit. Also, a conditional use permit for a retail business on Beaver Creek was denied. The applicant indicated during the meeting he will appeal. Clerk Preas stated no appeal had been received at this time. Smalley also noted a renewal for a lease application for Mr. Doyle was al- proved and will be before coundl for consideration later in this meeting. Councilman Moore asked for details regarding the conditional use permit which was denied. Smalley answered, it is a retail business for second-hand items, used furniture, etc. He added, there was no testimony given against the request for the permit and the vote was two to two. D-7. Miscellaneous Commissions and Committees D-?a. Beautification Committee Williams noted the minutes of the last meeting were included in the packet. Also, an application was submitted by Helen Brown for placement on the Beautification Committee which will fill the open seat. There were no objections to the appointment of Ms. Brown to the Committee. D-7b. Historic District Board Councilman Moore reported the Board met on March 16 at which there was a presentation from Kathy Tarr of the KVCC. They are coordinating their efforts to move visitors toward using the walking tour of Old Town which the Board is finalizing. The Board also discussed at length the production of a walking tour brochure and how it will be funded. It was noted time was of the essence. Moore added, Tarr presented the 1998 Milepost advertisement which mentions the walking tour. 0 . KEMAI CITY MARCH 18, PAGE 10 COUNCIL MEETING MINUTES 1998 Continuing, Moore reported, prior to the meeting the Board held a work session and worked on the Preservation Plan. They also reviewed their goals and objectives during the meeting. D-7c. Challenger Board Councilman Bannock reported the Challenger Board Executive Committee met and discussed the Challenger receptions to be held in Kenai and Anchorage next week. Bannock added, the Challenger project was at a pivotal point as they would be writing a check in the amount of $50,000 toward the purchase of pre -fabricated Challenger items. Bill Popp - Challenger Project Coordinator. Popp reported two fund raisers would be held during the next week at which several representatives from the National Challenger organization would be attending. He added, there will also be two astronauts attending the receptions as well. Popp noted Jim and Sue Carter would be hosting the Kenai reception at which the food and beverages will be sponsored by Tesoro Alaska and Unocal. He added, the Anchorage reception will be hosted by former Governor Sheffield and sponsored by AT&T (Wireless and Alascom). Williams noted, the sponsors have donated to the program itself and are sponsoring the receptions as well. In that way, no funds collected for the Challenger project are being used for the receptions. Popp added a number of major corporate sponsorships (and donations) will be announced during the Anchorage reception. D-7e. Kenai Visitors & Convention Bureau Board Councilman Bookey reported a meeting was held earlier in the afternoon which -he had to leave to attend the council meeting. He noted Paul Dale of Snug Harbor Seafoods made a presentation regarding allocation issues and some suggestions to the Board of what they should do and how they should do it. Bookey continued, the Board elected new officers: President, Will Jahrig; Vice President, Rebecca Godek; and Secretary/Treasurer, Diane Loftstedt. D-7f. Alaska Municipal League Report Smalley reported he and Mayor Williams will be attending the AML Board of Directors and Alaska Conference of Mayors meetings in Juneau April 1, 2, and 3. Both will miss the April 1 council meeting. Smalley reminded council they had been invited to the Planning & Zoning Commission work session to begin at 6:00 p.m. on March 25, 1998. They will be • KENAI CITY COUNCIL MEETING MINUTES MARCH 181 1998 PAGE 11 discussing setback requirements, etc. A light dinner will be available and a packet of information will be mailed to council for their information. and review prior to the work session. Regular Meeting of March 4919980 Approved by consent agenda. OLD BU88 - None. H-1. Bills to be Paid, Sills to be Ratified MOTION: Councilman Smalley MOVED to approve Item H-1, Substitute and Councilman Bookey SECONDED the motion. It was- noted- the difference in the original and substitute was the inclusion of an overage amount to a purchase order to Copy Cats for the City/Chamber brochure. VOTE: There were no objections. 80 ORDEi ZD. B-2. Purchase Orders Exceeding $29SOO - None. R.3. Ordiaance No. 1776-98-- Replacing KMC 12.20.010, (Expectorating on Streets and Sidewalks) With New Wording Described as "Deposit of Refuse." Introduced by consent agenda. • • KENAI CITY18COUNCIL MEETING MINUTES MARCH . 1998 PAGE 12 H-4. Sudivanae No. 1777.98 - C . p i'visory and Professional ��g the Em Public Works Man , List at ployee Classification, the 'port Mane er'$r and AssistKU ant 23.So 010(a� to Include a Introduced b c 8 age. ''�°� Manager, and Changing Y consent agenda. Ong Worksaaae No. 1778.98 _ In Stand M er as One of the Po�g the Neq lY Created Position �agement Act. t"Ons Exempted Pro hePai Labor Introduced b m the Fay Labor Y consent agenda. gppi"oval Center/Akan General, Inc. _ 3/Alaska Regional �O'1'IO $147,193.45, �°nal Fire Training V V.tr Councilman Smalley hOVED for approval of Change the motion. Order 8� Nel�soa _ No 3 �d Councilman of then Nelson noted the change �� a 1 g s Dyewen r the facility. Cou :rder amount was large., concern ge tank and ing, he noted the fa mostly due to the cost • that during• . pumping system for usin • cility had been deli concern the �k and pump yst na t of water would be drawn city water. There h wed even with the new city Avadabili , $Wn from the as been developed just for ty a'eA Because of tides of water is city alsysways a even the fire training Portion of the s' y was felt well a . - _ facili anew well should be a. _ fire Re - . ty` - project was fast s �iOaa/Additato additional Ross s tracked acid administration etas Sera _ Ross e 1 fated administintx'ation antic � wined dit1Onal truss hangers) questioned I eons change orders ,the ARFF items. gers) °f the char 4 and 5 Would be change order. He asked for an (truss revisions and Nelson explained aevis of those trusses and What load ags showed how the s ahown on the drawings.On Should is placed on the trusses.s m �ufacturer was to de81gn the reted Somme Of the l tom$ Particular Project.. Each individual Process, he (Nelson) g con tithe truss is °$dam truss manufacturer loads 1 noticed a fear o f wring the • Nelson added the trusses were desi shop dra . tru89es are s , he believed the geed to w'ug review skylights, and ep at feet on center half of the design manufacturer made an ent °n the roof, it set because there aye honest t tor` Usually, necessary to have some openings, me additional • KENA1 CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 13 trusses to carry additional load. In his drawings, Nelson explained, he showed two trusses next to each other with the loading conditions for the individual trusses. The manufacturer interpreted the load he showed to be divided between each of the two trusses which was not his intent. Nelson added, in order to carry the load, several additional trusses were needed. to be placed in several locations. On review, the contractor who bid he job, didn't know the truss supplier would be needing to provide the extra trusses nor did the truss supplier. The truss supplier asked for payment for the extra trusses because their cost was not included in the original bid. Then, because there would be four trusses where it was originally designed for two, it became necessary to fabricate special truss hangers which increased the cost again. Nelson stated, he reviewed the costs forwarded to them for the extra trusses and hangers, and felt the costs the general contractor incurred were possibly justifiable because he didn't know and didn't include in his bid costs to cover the changes that were made necessary by adding the Pxtra trusses. However, he didn't feel the extra costs submitted by the truss supplier were eligible for compensation and marked down the request for extra payment from approximately $5,000 to $2,146. FAA reviewed the information and felt they shouldn't have to pay for any of those extra costs. Nelson explained, if this item is approved, their total cost will be paid by the city. Nelson stated, he felt an honest error was made. He didn't think the contractor was trying to gouge the city. In the bidding process his drawings were misinterpreted. They were fortunate the error was found during the review. He suggested the city should consider paying for the costs to keep good will with the contractor and all parties concerned. However, from the technical stipulation of the contract, he didn't think the city was 100% responsible. Bannock asked if FAA gave a reason why they wouldn't be willing to participate in the extra costs. Nelson answered, FAA's comments were conveyed to him by Tim Orthmeyer, project manager. Bannock asked if he thought FAA's decision was based on the technical clause Nelson had mentioned. Nelson answered, he believed FAA's position was that the contractor made a mistake and they would not pay for the mistake. Nelson added, in general, he felt the contractor was being fair on the contract, doing a good job on the project, and working in the city's interest. He added, he felt it is important to keep that relationship. Ross restated, this was a fast -tracked project and some design problems were anticipated. There are other issues that if it had been a normal project, he would expect them to be caught. In this case, he questioned City Engineer La Shot • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 14 on these two items because he didn't realize the same amount would have been paid if the error had been caught and the extra hangers are required because the original design had not been followed. Nelson added, they didn't know if the truss supplier had known or understood the loading conditions ahead of time, whether he could have designed two trusses to carry the load of the four. Ross stated his impression of FAA was that an error was made on the part of the manufacturer and these are additional costs that would not have been incurred if the trusses had been constructed without error. Ross added, that was why he questioned the extra cost coming to the city. Williams asked Nelson if, at this point in the construction of the project, did he expect any major change orders in the future. Nelson answered, none that he was aware of or told about. He added, he didn't think the contractor was holding any information back either. However, he had not had a final settlement for the earthwork on the project. Generally, he thought the earthwork quantities would be less than the original estimate and there may be a noticeable cost savings. Williams asked if the city would be asked for a change order from the contractor to pay the truss manufacturer? Nelson answered, because he decreased the line item of cost submitted by the truss manufacturer and only allowed the line item cost the general contractor incurred, he didn't expect another change order request for this item. Ross added, the change orders to date involved approximately $69,000 to the bad. He believed the contractor had been fair with the change orders that involved credits. Nelson added, the total cost of the project is approximately $8 million. Approximately $4,356,000 has been spent to date. Total change orders have been $67,900 net, equating 1.56% of the total project cost. Of that, there were some increases requested - by the city, i.e. additional utilities to the structural fire trainer, a credit to the _ _._ _ - audio/visual system, and the well. Those involve approximately $54,217 of the $67,900 - about 1.2%. Other items requested by the contractor and design team equal $13,749 to date - about .3% of the total project of the $4 million spent so far on the project. Williams stated he felt it was not the contractor's error, but the truss manufacturers'. The magnitude of the project would indicate some cost differentials. He added, he was inclined to have the negotiated amount to continue the good relationship with the general contractor. Bannock stated he was inclined to support the change order also. He asked if a change order, by definition, is for changes requested by the customer to make to the project -after the fact or is it to take care of errors in the project. Williams answered, it has been his experience that either side can initiate a change order and either accept the responsibility for the outcome. . KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 15 u • b. Room 207 Revisions - Williams questioned the "...ceiling revisions to accommodate structural modifications required by Nelson & Associates." Nelson explained, a steel beam goes across the room which supports the floor above. The height of the steel beam is below the ceiling height. All the beams along that wall are at the same height. In this room the ceiling is higher, but his plan showed the beam the same height as the other beams. When the architect discovered the beam would be lower than the ceiling level, he felt it would look odd. In order to incorporate the beam better, he had the contractor build a soffit around the other three walls of the room to tie in and visually make the beam not look out of place. Williams asked if this change was for cosmetic purposes and not structural. Nelson answered, correct. C. TO Column Correction - Williams questioned, "...second floor column was offset 10" from the lower floor column in order to provide a wider hallway ... the first floor column had to be reinforced in order to carry the offset load." Williams stated this seemed to be understandable, but asked what caused the contractor, architect or engineer to miss this in the initial design. Nelson answered, for construction efficiency one column from one level is stacked on the column and beam below so that reinforcement of the column below is not required. A grid system had been established to line up all the columns from one story to the next. At one point during the design, the hallway width changed going into a room and the column could not be on the grid that was established. The column had to be moved. However, it was moved on the architect's plan, but not on his. During the shop drawing review stage, it was noticed the column would be ten inches out from the wall. It could have stayed, but would have looked odd. In order to move it, the connection of the column to the beam had to be beefed up and then the beam to the column below it, etc. Williams stated this could be attributed to bad communication between the- architect and the structural engineer. Ross stated, the project was fast -tracked and drawings were ready as bidders were picking them up. Mistakes were anticipated. Items 4 and 5 were concerns of administration, however those costs were negotiated down. Administration recommends this change order be approved. d. Well - Williams asked Ross what the original estimated price of the well was. Ross answered, he thought between $50,000 and $75,000. Williams stated, originally council was given $53,000 for the cost of the well. Ross stated, the original price of the well included the drilling and the cost of the well. Re -engineering costs for the pump and control systems were not included (which increased the cost of the well significantly). He added, that was the difference between the cost initially given to the council and the final cost. Nelson added, they did a cost estimate after receiving a cost quote from the contractor for putting in the well. Their cost estimate and the contractor's quote agreed except for the installation of the pidess adapter. There was an approximate $12,000 . KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 16 difference between the estimate and quote. Nelson continued, the contractor explained they would have to keep the area de -watered due to the water table, etc. They feel there is a significant risk factor to them in installing the well. They are willing to do that part of the work on a time and material basis, but that would be a risk to the city. However, if the water table is low, etc. and the work is done on a time -and -material basis, there is a potential for the city to save approximately $12,000. Bookey stated he agreed with Ross to a point. He remembers the discussion on the cost of the well to be $50,000. It added, he didn't remember any other costs discussed beyond that. He stated his concern in regard to the pitless adapter. Bookey added, without the well costs, they were only seeing an approximate $20,000 change and that is very acceptable. Williams agreed. He added, the council has been stringent in the non -issuance of change orders due to being burned two or three times. Continuing, Williams noted the last two or three city projects have been very good with few change orders and he believed that was due in part to the engineering, etc., but also because of council's reputation of disliking excessive change orders. • VOTE There were no objections to Change Order No. 3. 00 ORDERED. BREAK TAKEN: 8:29 P.M. BACK TO ORDER: 8:43 P.M. H-7. Approval - Special Use Permit/Portion of Tract A, General Aviation Apron #2 - Kenai Aix Alaska, Inc. - - - Acting Airport Manager Holland explained Kenai Air had requested to renew their special use permit of a 100' x 300' foot area adjacent to their building used for customer vehicular parking. The parking area is on an unimproved lot which Kenai Air cleared for this use. There have not been any problems with this use in the past. The Airport Commission and Administration recommend the permit be reissued. MOTION: Councilman Smalley MOVED for approval of the special use permit for a portion of Tract A. General Aviation Apron 02 to Kenai Air Alaska, Inc. Councilman Bannock SECONDED the motion. There were no objections. 60 ORDERED. 0 KENAI CITY MARCH 18, PAGE 17 H-S. COUNCIL MEETING MINUTES 1998 Discussion - Schedule Budget Work Sessions Ross reported the draft budgets would be forwarded to council for their review on April b. Williams reported administration will want to give an overview of the budget during the first work session and requests for donations will also be heard that evening. Ross added, he would like to present an overview of revenues and general review of expenditures during the first meeting. Also, personnel from the Borough would like to make an informative presentation in regard to sales tax and property tax. After that presentation, he would suggest the request for donations be held. Ross added, a memorandum will be included with the budget which will discuss issues council has stated they wanted in the budget. Some are in the budget and some are not. The following dates, times and places were chosen for budget sessions: 1. April 8, 7 p.m. at the Senior Center 2. April 22, 7 p.m. at the Senior Center 3. April 29, 7 p.m. in the Council Chambers 4. May 11, 7 p.m. in the Council Chambers It was noted April 8 was also a Planning & Zoning Commission meeting date and it was decided to hold the work session at the Senior Center. Bannock stated he would not be able to attend. It was also noted May 11 is a Harbor Commission meeting date. It was decided the Commission meeting could be held upstairs at City Hall. The Clerk was requested to update the calendar (included in the packet) with the work session dates included for council's use. H-9. Discussion - Ordinance for Moratorium/Reapplying for Conditional Use Permit After Denial. Councilman Bookey explained his coi.cern that appeals on conditional use permit applications for the same piece of property might happen over and over again prompted hint to have this item placed on the agenda. He suggested a six-month or one year moratorium could be written into the code to alleviate this type of problem. He added, he didn't think people in a neighborhood should have to return over and over to defend that neighborhood. (Bookey referred to the recent appeal of a conditional use permit for property along Spur Highway.) He asked if council had any direction one way or another and whether to go forward with an ordinance for consideration. Williams asked if Bookey would structure the moratorium to begin after the appellate go process. Bookey answered, he assumed that's how it would be structured. He added, • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 18 he had not gone into it too far, but Attorney Graves had done some research on the subject. However, he (Bookey) wanted to bring it to council prior to going too far with it. Williams noted, it would be only for conditional use permit applications and not rezoning as that is already discussed in the code. Councilman Bannock, referring to the area along Spur Highway most recently appealed, explained, there was an application for a zoning change (which was denied), a conditional use permit application (denied at Planning & Zoning) and a second conditional use permit asked for during the appeal process which council did not hear. Technically, there was one conditional use permit denied on that pi operty. Bannock continued, he believed there is an ordinance in the code which places a moratorium on a conditional use permit for the same thing. He added, he believed it would be serious trouble if a person could not apply for a different conditional use permit on the same piece of property. He noted, council denied the request to amend the appealed conditional use permit because it was too different from the original conditional use permit application. • Councilman Smalley stated he sympathized with Bookey, and to a degree, agreed with Bannock. He added, the new request is for professional offices which is different than the first application, though still a commercial use. Bookey stated, his example may not have been a good one, but his intention is to place a moratorium on someone applying for the same conditional use permit on the same property over and over. Attorney Graves noted, there is a moratorium already in the code for rezoning property, but not for a conditional use permit. Graves added, he checked with several other municipal codes in the state and- found it is common to have a moratorium clause for rezoning requests, but he found no. conditional use moratorium. He advised, that does not mean it couldn't be done. Bookey added, he didn't want someone to be able to reapply for a conditional use permit every thirty days until he wears the neighbors down. He believes that could happen and feels it is a flaw in the zoning code. Smalley suggested making a recommendation to the City Attorney to bring a draft ordinance for consideration, through Planning & Zoning. Williams stated he believed it would be hard to design an ordinance placing a limiting factor on conditional use permits based on the idea that any change in substance to the permit constitutes a. new application for the permit. He added, who then would be the judge of character for the permit. Bookey agreed that is a concern. Williams stated he believed administration and the City Attorney understand council's concerns. He asked if it was council's desire to proceed with further investigation and • KENAI CITY COUNCIL MEETING MINUTES MARCH 189 1998 PAGE 19 the development of at least a set of guidelines that can be reviewed first by Planning & Zoning and brought back to council with their recommendation. Bannock suggested Planning & Zoning be requested to develop the guidelines or ordinance. Williams stated, they would have to come up with a legal suggestion and the attorney would have to be involved in drafting the guidelines. He added, if the guidelines develop to a resolution from Planning & Zoning, the matter will still come back to council. Bannock stated, if the rules are to be changed, he believed the city would be best served to involve the Commission who will be involved in carrying out the rule. Council had no objections to continuing with the development of moratorium guidelines or ordinance. H-10. Discussion - Lease Application/James H. Doyle, Tract B, Gusty Subdivision No. 6. MOTION: Councilman Smalley MOVED for approval of the lease application to James H. Doyle for Tract B, Gusty Subdivision No. 6. Councilman Moore SECONDED the motion. Ross referred to the memorandum included in the packet and added, it is a 90-day notice lease which has come up for renewal. VOTE: There were no objections. SO ORDERED. H-11. Discussion - Lease of Counter Space/Kenai Airport Terminal - Artha L. (Bonnie) L. Koerber, Garrison Corporation d/b/a Budget -Rent-A-Car. MOTION: Councilman Bannock MOVED to approve the lease of counter space at the Kenai Airport Terminal to Artha L. (Bonnie) L. Koerber, Garrison Corporation d/b/a Budget - Rent -A -Car for Lease Space 19. Councilman Smalley SECONDED the motion. Williams noted this is the only remaining full space and has been used in the past by the Kenai Visitors Center to disseminate information to visitors. Acting Airport Manager Holland added, with approval of this lease agreement, all the full spaces will be taken. However, there is a small counter space off the end and some other counter space that can be made available for the KVCC if necessary. • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 20 • • VOTE: There were no objections. 80 ORDERED. �ECZTTIVE 8EBSt�ON - None Scheduled. ITEM I: I-7. Mayor a. Comxannity Dividend Program - Williams referred to Representative Allen Kemplen's letter which was added to the agenda at the beginning of the meeting. He noted the letter asked council for a response either by letter or resolution in regard to whether the Legislature should use a portion of the undistributed earnings of the Permanent Fund for a community dividend program. The funds would take place of the Municipal Assistance and Revenue Sharing Program which have been declining over the years. Williams reported he, Mayors Navarre, Lancaster and Gonzales will be meeting with Governor Hickel and Eric Wohlforth (Permanent Fund Trustee) on March 31 to discuss statistical data and ideas regarding use of these funds. He also noted, while in Juneau he and Smalley would be talking with Representative Davis in regard to the bill he has introduced for a community dividend program. Williams suggested council not answer Kemplen's letter until after their meetings with Hickel and Wohlforth and returning from Juneau. He asked council if they were in. support of a community dividend program. If so, he will prepare a resolution and will be lobbying for a program. No objections were stated. Smalley added, AML was strongly supporting some form of a community dividend program. Williams noted, both Governor Hickel and Hammond were in support of a community dividend program as well. b. Donkey Engine - Williams noted, he and Bookey had been planning to move the antique donkey engine to a piece of city property for some time. They had been waiting to pour a concrete slab on which to place the engine. Williams suggested the engine be moved and placed without the concrete slab and suggested property behind the Kenai Fine Arts Building, outside the fenced area, as a location. Williams requested Administration to check the plat and make sure placement of the . engine at that location won't interfere with utility lines, easements, or any agreements with the present lessee of the Kenai Fine Arts building. There were no objections from council. • KENAI CITY COUNCIL MEETING MINDS MARCH 18, 1998 PAGE 21 i3esviees - Williams referred to thesMarch to letter C. Frontier Community • requested a letter of pp ort from Frontier Community Services us which they • funding through the Alaska Children's Trust" Indian. attach to their application for a the director of the Ken Clerk Freas reported she spoke with Rita SYnagg am Would be in conflict am and asked whether Frontier's Progr Tribes Head Start program with a representative comnfiagicgtea'seported, after speakingwith, the Head Start Program•state fundsandKIT's from ontier, they would not Frontier serequesting felt Frontier's program Head am is federally funded. Freas ad Head Start program may enhance their Head Start Program' LOTION: VFD to draft a letter of support• There were no objections. Councilman Smalley MO 80 OgDZ=D. Weekly - Williams referred to the Nation's Citi�esdWeekly d. Katton s Cfties F Supreme Court ruling that gran packet noting a U.S. Sup lawsuits for proposing or article included in the p against liability municipal elected officials full immunity g voting on municipal ordinances. Road speed Limit Change - Council referred tothe DOT limit e• Bridge Access R P of the meeting regarding thespeed letter which was distributed at the beginning request DOT paint the . Bridge Access Road. Smalley requested the city q gn a benefit. changes along for maximum si ag new speed limits in large numbers across the roadway 1-2• city images his letters a• Redoubt Avenue/Forest Drive -Ross referred to copies Senator Warn ded as Information Item No. 7) to Representativ He also noted, his letters (included the Redoubt Avenue/Forest Drive reconstructiontheir March 4 meeting• • ted council reaffirmed their capitol projects reference during eunding Hodgins had in�iica s also include Ross added, his letter to f a no confused with the CIP of anon -potable well on the golf cc,urse and the city offered for development should those funds be co would accept those funds but in no v►aY list requests. Ross reported he negotiated a price for all the major b City Castooa map . s to be included on the cartoon map for one price city building t Funds/Depastment of Agriculture - Rose council had C. Fedesal� the Department of Agriculture investigated possible funding'°ugh million only $50,000 comes to Alaska as block grants an requested. He found of $50 eligible didn't believe the city would be . KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 22 d. Cunningham Park Fence - Ross reported he would not be including funds in the budget to move the fence, but would have the amounts available for council to review during their consideration of the Parks & Recreation Department budget. e. FAA ags - Ross reported he met with representatives of FAA Real Estate who want to turn over the FAA property with the buildings and towers (in place) to the City of Kenai. They were not able to answer many of his questions because they were not aware of findings of the FAA Environmental Section. Ross reported he told FAA he would advise council, look at the buildings and tower, and determine whether or not the salvage of the buildings could be done at no cost to the city. FAA talked about laying the towers down and the city removing them. He asked them for names of people who have done work like this for FAA in the past. Ross stated, administration has every reason to believe the towers are painted with lead- based paint and there are also issues involving the buildings and their floor drains, dry wells, etc. Ross continued, to insist FAA remove the buildings and tower will further delay the transfer of the property to the city because of FAA procedures. Ross added, administration will make a recommendation, but it will be conservative and that the city should accept the land only after FAA remove the buildings and towers even though it will mean extra delay. If it is a funding problem for FAA, Ross suggested Senator Stevens be contacted as he has already been involved with FAA environmental funding. Ross added, he will be report back to council. Williams asked for confirmation that $250,000 has already been made available to FAA. Ross stated, that funding is with FAA Environmental, not with FAA Real Estate. Williams suggested FAA cost out how much moving the towers and buildings would be. Ross stated, FAA is to get that information back to him, i.e. information they have, how long it will take, cost if FAA is to do it, etc. Ross added, without the FAA environmentalists being involved in the discussions, a full picture is not known as the FAA Real Estate representatives barely ackxiowledged there is a third buried tank (outside the fence). Williams suggested discussions coltinue as council placed a moratorium on the development of any of those properties until it is known the extent of the problems. He added, he would rather be safe than sorry. Bookey stated he agreed totally and added, the city does not want to accept the properties unconditionally without the federal government covering the clean-up costs. He added, it's a very old site and there are a lot of unknowns involved. • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 23 Ross noted, one tower was removed, but the base is still there. Under the tower base is a 12 to 16' drop full of concrete which would have to be removed. The buildings and towers are the main thing to discuss, but the environmentalists need to be involved in those discussions. f. Wildwood Bowes Line Problems - Ross reported he received a call over the weekend that there was a major sewer line problem at Wildwood. Two city personnel and the vactor truck were sent to help. Wildwood will be billed for the over time used but not equipment time because if the city had not helped with the problem, it may have passed on down to the lift station and there could have been a worse problem. g. FUh Board - Ross reported Dave Nelson of Fish & Game advised him the city will not have to reapply for the regulation change. It was set for time certain and will carry over. h. Fire Department Matching 0sant - Ross reported he has authorized the Fire Department to apply for a matching grant which will require a $5,000 local matching grant if the grant is awarded. The grant will cover equipment for fighting wild land -type fires and would match up with the Department of Forestry's hoses, radios, etc. Ross added, it is something that probably needs to be done due to the amount of beetle -killed trees and other situations that will require mutual fire support in the future. If the grant is awarded, information will be brought back to council because the match will probably have to come from contingency. i. Challenger Project - Ross reported he has been working on how to protect the city's interest in the language of the Challenger contract at the national level. Three different attorneys are working with -three different.entities. At this time, under the grant it appears Challenger can own the building. Ross added, Administration would like council to consider the city putting up the land, allowing Challenger to own the building and work out cooperative agreements that would also allow Challenger to own the land. The benefit in the long term, Rose continued, would be a lot of interaction between council and Challenger which will alleviate some problems. Ross noted, he and Attorney Graves have discussed how the city's interests would be secured. At this time they are investigating a.reversionary clause in the deed to state if the Challenger equipment is removed from the building and the program leaves town, everything comes back to the City of Kenai. They also discussed placing on the deed a restriction from borrowing against the land (for ten years or more) . He added, this would put the council in a fairly good position as there would be a lot to lose (for the Challenger program) . On the other hand, the Challenger non-profit who is raising significant funds toward the program, will have ownership in what they are doing. • KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 24 Ross added, he believed the option he discussed would be as good as protection that can be had -- it's definable and readily enforceable versus trying to work clauses into a three-way contract with Challenger National. Bill Popp - Popp stated he was neutral with the suggested options. The Board of Directors had not met to discuss the suggestion and would need to as it is a deviation from the original arrangement. Popp added, he had polled the president of the Board and based on her past discussions with other members of the Board, they would be open for discussion on the idea. Popp stated he would like some indication from council for him to take back to his Board. Councilman Moore asked how this suggested option would affect the Memorandum of Understanding. Ross answered, there would be parts of it that need modifying. He added, they had always been under the assumption the grant (from NASA) would restrict ownership to a municipality. Information Popp had received was it does not. Ross continued, portions of the Memorandum of Understanding that reflect ownership would have to be reviewed, as well as what the city's responsibility would be for maintenance support, cleaning, landscaping, parking lots, etc. and can be is negotiated irrespective of the ownership. Council can still continue with those items as part of the agreement in working with Challenger. Bookey stated he did not know, at this time, whether he would be in favor of the option or not. He suggested council have more time to think it through as it is quite a change in the original direction. He added, he was not willing to make a decision at this time. Ross stated, he was not asking for a decision of council at this time. He added,- what it does is it takes the city out of the role with Challenger as it has with the Visitors Center where the city owns the facility but contracting with a non-profit to run the facility, and with Challenger, a three-way agreement with Challenger National involved as well. Ross continued, this option is fairly clean. The City would negotiate with Challenger as to what services the city will provide to Challenger in the community. Also, the protections in this option, to administration, are more enforceable and greater protections than some agreements than could be reached through the three entities. Williams asked Popp if there wasn't a reversionary clause already built in that says if the 501(3)(c) fails and leaves the project, it reverts to a responsible governmental agency. Popp explained that is in the by-laws with an amendment required by the IRS. He added, the amendment to the by-laws was to make them compatible with the 501(3)(c) designation and states in the event of dissolutionment of the corporation, 0 assets must be distributed to the court of the county or to a local recognized KENAI CITY COUNCIL MEETING MINUTES MARCH 189 1998 PAGE 25 government: entity. Popp added, at first glance this would desilutate the t and would of Kenai as the recipient of the Challengers assets in the event of deso be a perfectly acceptable situation *vvith the IRS. Williams asked if this reversionary clause could be worked into the city/Challenger agreement. Ross stated, the reversionary clause they discussed to the ownership of the . laced on the deed of the land that says the land and the facility r City of Kenai. Ross added, what council and the Challenger Board need to discuss is to further restrict the deed so that Challenger cannot take a mortgage against the property without the consent of the Kenai City Council. 1-3. Attorney - No report. I-4. City Clerk - No report. i_g. Finance Director - No report. I-6. Pvtblic Works Director - No report. • 14. Airport Manager - No report. IT= i• �ISCUSBO�I 0 J-1. Citizens - None. J-2: Council Bookey - Stated he was very disappointed in the decision of the Board of Fisheries in trying to take the meetings out of this area and hold them in another area. Williams asked council if they wanted him and the City M'sncernager to cowrite a Council letter to the Board of Fisheries and the Governor stating had no objections. Moore - No comments. Measles - Absent. Bannock - No comments. 8metlley -Reported the Borough Assembly at their March 17 meeting, drafted a resolution strongly supporting Senator Torgerson s secondary road and municipal road maintenance bills (Senate Bills 263 and 264). Smalley suggested the City of Kenai may want to do the same. Willisms - Referred to Information Item No. 7, a letter from DCRA which notes . the population of the city as 6,971 and set the FY99 Municipal Revenue Sharing for KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 26 the city. Williams stated his concern the population decreases, but building permits have increased. He added, the city has the ability to question the count and take another count, however the cost is very High to do so.' ADJOURNMENT The meeting adjourned at approximately 9:54 p.m. Minutes transcribed and prepared by: .. . dCaezX. ,,- �Zad-a--1 Carol L. Freas, dity Clerk • CAM