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HomeMy WebLinkAbout1988-11-02 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 1988 - 7:00 PM A. CALL TO ORDER �r 1. "ledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk M 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. Remove from Table - Ord. 1280-88 - Amending Kenai Municipal Code - Supervision of All Employees of Legal Dept. & Clerk's Office under City Manager a. Public Hearing - Ord. 1280-88 2. Ordinance 1297-88 - Increasing Rev/Appns -.Repair of Police Vehicle - $3,800 3. Ordinance 1298-88 - Amending Kenai Municipal Code, Title 7 - Purchases without Competitive Bidding, Increase to $10,000 4. Resolution 88-84 - Urging DOT & PF to Designate Portions of Seward Highway as N1 Priority D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & zoning Commission S. Misc. Commissions/Committees MINUTES-- k.. *Regular Meeting, October 19, 1988 F. CORRESPONDENCE -d :J 4 ,c ,S dr 1. *J. Johnson, Alaska Airlines - Official Airline 2. for Bicentennial *R.L. Cottrell, Kroger Co. - Support of Cold Storage Facility 3. *Sens Stevens - P-3 Orion, Homeporting 4. *Mayor, Saitama, Japan - Thank you for visit, Karin Bryson 5. *R. Kowalke, Anchorage Economic Development • Corp. - Thanks to Mayor Williams ' G. OLD BUSINESS - H. NEW BUSINESS --; --- 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion - Lease Application - inlet Fisheries Inc., Kenai Spit S/D 4. Discussion - Request for Mutual Rescission & Release, dusty S/D - J. Wade I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT L 4 KENAI CITY COUNCIL - REGULAR MEETING NOV EMS ER 2, 1988 - 7:00 P.M. COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER i. Pledge of Allegiance 2. Roll Call Present: Mayor Williams, McComsey, Measles, Monfor, O'Reilly, Smalley, Swarner Absent: None 3. Agenda Approval a. Add item B-1: Mr. Butler for Mr. Ferguson on Lease Assignment b. Add item B-2: Mr. Jack Brown, Resolution for Marine Transportation System c. Add item E-1: Corrected Minutes from October 19th and remove the minutes from the Consent Agenda d. Add item F-6: Letter of Thanks MOTION: Councilwoman Monfor moved for approval of the agenda, seconded by Councilman Smalley VOTE: Motion passed with Unanimous Consent 4. Consent Agenda a. Remove the October 19th Minutes MOTION: Councilman McComsey moved for approval of the Consent Agenda, seconded by Councilwoman Swarner VOTE: Motion passed with Unanimous Consent B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Mr. Barron Butler for Mr. Ferguson Mr. Butler: A little background first. Mr. Ed Ferguson and I are - _ __-businene _partners _in a_ venture known asBig-John's, the new Texaco and convenience store on the Sterling Highway. One of the parcels of property that we are collateralizing along with our personal r. -_.:. 4_ KENAI CITY COUNCIL NOVEMBER 2, 1986 PAGE 2 loan to the Alliance Bank happens to be the physical location of -11 the Tesoro Service Station on Gusty S/D Lot 1. Obviously, in order _ to collateralize that the bank requires an assignment of the lease, since it's on city property. We came to the City Manager's office yesterday with the Alliance Bank version of the lease. The City I. Y Y Yol Manager and City Attorney looked at it in preparation for this evening. The City Attorney has made some recommendations and we accept these recommendations and modifications as they have been 1 �� made and request your approval. Legal Assistant Graves: The only comments I have are contained in a memo sent out to Council by Miss Howard. The Alliance Bank _ assignment, had we agreed, would have made us indemnify the bank --- ----. for any losses it might have suffered as a result of this.. assignment. Obviously i and the City -Manager felt that wa®.-_ completely unacceptable. The other major item we cut out was ' clause 11 waiving any claims we might have against the property or against the Fergusons. MOTION: Councilwoman Monfor moved that we accept the assignment of lease with the amendments from the Attorney's Office for paragraphs 3 and - - -- 11, seconded by Councilwoman O'Reilly VOTE: Motion passed with Unanimous Consent L 2._ Mr. _Jack _Brown _Resolution for Marine Transportation Svstem Mr. Brown: I attended the infamous meeting in Girdwood at Max's Bar & Grill. There were two items of significance for our area; a) the first is this resolution that I am going to introduce to the Assembly on November 15th. I am asking for your support on this. I feel that if it were introduced right now it would be a tight vote. Soldotna City Manager gave me 100% endorsement. The Soldotna Chamber of Commerce is inviting me to speak Tuesday and tomorrow I will speak at the North Peninsula Chamber of Commerce. I believe that we're going to get support from those organizations. Basically, this feasibility study is being done in conjunction with Mat -Su and Anchorage Boroughs and if you will notice in section one, the Kenai Peninsula Borough is going to pay $12,500 and that is on a per capita basis. Anchorage has voted to pay the bulk of the cost and that is $75,000. The Kenai and Mat -Su Borough would split the remaining $25,000 or $12,500 each. I'm not here asking for money. We had two gentlemen from the Alaska Marine Highway there and they explained their operation to us and we mentioned right from the beginning that this projected_ ferry system may or__may_not_go under the Alaska Marine Highway system. We want to do the feasibility study and then see if it would be better served by private sector. got a sense from many Anchorage and Mat -Su asse y people t at L_ �t vi i n i13 KENAI CITY -COUNCIL NOVEMBER 2, 1988 PAGE 3 they would prefer it was private sector. I don't ha!�e an opinion yet, I want to the see the study. The ferry system serves 400,000 people annually of which 80% during the summer are tourists. Their annual budget is $63 million, their revenues are $33 to $34 million so you can see that they are being subsidized heavily by the state. One of the highlights of this proposal, if we do an Anchorage/Kenai/Mat-Su run is that it potentially could be self supporting which would make it the only route on the ferry system that is. The closest one that is self supporting is the Puget Sound run which is 90% self supporting. If we do elect to go under the Alaska Marine Highway system we could offer them something not currently being offered. In looking at some early study projections, it looked -like there would be at least 80 truck loads per week that could be shipped from Anchorage to the Kenai Peninsula. They are currently paying $2.00 per mile or $632 per truckload that comes down from Anchorage. They feel that they could reduce that price to $230 per truckload by using the ferry. The 80% tourists that use the system, in my opinion, in the Kenai/Nikiski area we really don't tap the tourism market to any extent and the ferry system has a lot of exciting possibilities for us. Whether it ends in Nikiaki or Kenai both communities are going to benefit. If it terminates in Nikiski► there is one road and they have to come through Kenai. There are three modes of transportation looked at right now; the ferry, the hydrofoil, and hovercraft. Again I don't have an opinion. I feel that this study is going to be done whether the Kenai Peninsula Borough participates or not and I want to be in on the ground floor. I think Anchorage and Mat -Su see a lot of potential uses, they're looking at the west side of Cook Inlet, the coal development. Obviously if they start the coal development and we're not involved the workers aren't going to live here, they're going to live in Anchorage or Mat -Su. Councilman McComsey: Would this ever be run to Homer. Mr. Browns One of the concepts are that you could have a triangle ferry system connecting with Homer and/or Seward. Councilman McComsey: I can see one thing that this might be good for would be the tourist because they can come down on the ferry and drive back the other way. Mr. Brown: I read a study the other day of the 10 top areas that were visited by tourists in Alaska and I think the Kenai Peninsula Borough ranked 9. I think the ferry system would catapult us up. Councilwoman O'Reilly: Is the discussion about possibly ferry - -- -- --- system- during -the-tourist season-and-ona-nf-thesa.-other_ ------ — -- - ------- transportation means during the rest of the season? Answer from Mr. Brown yes. Both will be looked at. One will be strictly for :KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 4 the tourist season and the other that appears to appeal to most of us would be a year 'round operation. If the private sector does it MY feeling is that it would operate mainly during the tourist season only. The exciting thing about this is that all of us are71 going to have equal input. Anchorage has made every effort to make 'l:...- sure that Mat -Su and Kenai are in concurrence with anything they do. They are proposing to form a three person board that would -- oversee this first study so we would have the same input as Anchorage and Mat -Su. Mayor Williams: I think it's unique that we have an opportunity to participate with the Borough in this study, not personally from the participation of the city but financially with the Borough in that part of our tax money will be used for it. It's for a project that could conceivably benefit the City of Kenai. I'm not sure what the — T • meaning will be whether they will wind up in a private concern that wants to fund the ferry themselves and come back and ask for help from the state or if they're looking at an extension of the Marine - - - =F Highway System. Williams:Relative to the Marine Highway System, to my . Mayor - , -- --= =-�- - memory it was never allowed to run up the Cook Inlet to Anchorage because it paralleled an existing federally funded highway system. :. Was that discussed. Mr. Brown: Yes it was. A representative from Senator Stevens' office, Lisa Sutherland was there. In fact there is federal funding available now under the Urban Mass Transportation Act for that very thing. In the lower 48 they are funding ferry system that parallel major highway systems and I guess part of the rationale is cutting down on pollution. There is a commitment from Senator Stevens' office to work from federal standpoint on this project. Mayor Williams: So we could - conceivably see the Malaspina run up Cook Inlet. Mayor Williams: How does Council feel about backing a resolution . of this sort. !, Councilwoman Monfor: I especially like it because it isn't going "f to cost any money. I would have no problem supporting hie resolution. Perhaps we'll have a bicentennial ferry from it. Mayor Williams: Will this require a specific resolution from us or can we just, as a matter of record, indicate our support for this. _. Mr. Brown: Either way. I think it would be extremely helpful if ' the Borough Clerk was informed either by letter or resolution and - - it can go into the Assembly packet as backup material. It would !' really strengthen this resolution. Councilwoman Monfor: Mayor, you will probably have to write a letter on behalf of the Council since we wouldn't have time to do a resolution. :.: MOTION: Councilman Smalley moved to direct Mayor Williams to draft a letter — ------ -: — . on behalf of the Council- in support of the -resciution -concerning - " the proposed ferry system, seconded by Councilman McComsey y VOTE: - Motion passed with Unanimous Consent i - I♦ �r __-- - - -- -L KENAI -CITY COUNCIL NOVEMBER 2, 1988 -,( PAGE 5 q - o �I is ,1 1 i; i + 1 Mr. Brown: As a point of interest, both boroughs had between 90$ to 100% attendance at the meeting. They also talked 'about revenue sharing, the Railbelt Energy Fund, economic development and school funding. One thing that was very significant, both of the boroughs11;;.°.. were going to pass a resolution wanting to spend the Railbelt Energy Fund this year on a per capita basis to be distributed to the three boroughs. Even though I was unofficial, when asked my thoughts, I objected. They did not pass that joint resolution. I suggested that we look at a more equitable formula. I do see a window of opportunity and they've asked us to come up with a formula by AML. In listening to several of the politicians speak, it doesn't look like it's going to stay there. My feeling is that --- --- -- - --_._� Anchorage is so hungry for the money, Assemblywoman Flynn said we just want money, we don't care what horse it comes in on. I think we can deal on a position of strength. : on school funding and revenue sharing; the Municipality of Anchorage leaned more towards revenue sharing because that was a significant part of their budget. The other two boroughs lean more toward school funding because that is 75-80% of our budget. This was all discussion. - - ---`- City Manager Brighton: If we were successful in holding municipal assistance and the revenue sharing, that's liquid money, you can - use that for schools. But if revenue sharing and municipal assistance are sacrificed for school funding then only the borough wins and Seward, Homer, Seldovia, Soldotna, and Kenai suffer. If we hold the revenue sharing the borough can go to the revenue sharing for their additional school funding. What I'm saying is in one process, if it goes to school funding then the cities lose. If it goes to municipal assistance than none of us loses. The point is school funding goes directly to schools - period. If you have a short fall on that but we're able to retain municipal assistance and revenue sharing the Borough also shares in that and they can take that additional money and put it into the schools. But if we lose on municipal assistance and revenue sharing the only source we have is the tax. Mr. Brown: Most Assembly people don't have that concept, obviously. I would suggest a meeting with the assembly before they go down to AML. My understanding is we came out with our operational priorities last night and our first operational priority was the school funding. I don't think municipal assistance and revenue sharing was on the list. There is a broad difference in view point and I for one suggest the cities be present and state their case. City Manager Brighton: In a unified situation such as Anchorage or Jun eau, ...it _doesnIt._make-any difference. but. when we have_ a second class borough and home rule cities it makes a tremendous difference, and I certainly will be willing to come over and talk because it's logical. :E UNAI -CITY COUNCIL NOVEMBER 2, 1988 PAGE 6 Mr. Brown: The fish tax was brought up last night and my feeling was that there were some assembly people that were willing to listen. I don't think anyone wanted to give the cities the 25% that they were looking for. I would suggest all four cities make a joint presentation. Mayor Williams had a good point that the cities do provide a lot of services to the fish processors residing in the cities that the borough doesn't. There is a point in perhaps some of that money coming back to the cities. City Manager Brighton: It was my intention later on in my report to suggest that the time had come to get the managers and mayors of the four cities together so that they can go back and talk to their representatives on the assembly so that they have -got all the facts and there is a strong possibility that we might be able to change their minds. Mayor Williams: The Kenai Caucus took a stand on the Railbelt Energy fund and were very insistent that that fund be retained in order to develop the intertie system between the Bradley Lake project and our neighbors to the north. The concern being that if we do not have an upgraded tie line it will affect us in two ways, 1) unreliable power to the Kenai Peninsula and 2) we could find ourselves in a position of having to pay for Bradley Lake through rate increases because we are the only users. In all discussions I heard, that seems to be a very real possibility. Mr. Brown: I agree, its just a question of whether that money is going to be there. Mayor Williams: Again, discussing municipal assistance and revenue sharing as opposed to the school funding, it would seem that the wording of a resolution that we would want to introduce or pass would prioritize the items in that manner with municipal assistance first, revenue sharing fund second, school debt retirement third. In expressing it in that manner would show our number one priority. I don't know how the borough would view it if it were passed up to them. Mr. Brown:_ At least your wishes would be made know#. Right now I think there's no opposition, everyone is going for school funding. Mayor Williams: Therefore I would like to ask administration to prepare a resolution regarding municipal assistance, revenue sharing, and school formula funding and debt retirement in a prioritized manner that Mould best benefit the cities interest. I Mould also like to have a resolution passed reiterating our desire to retain the Railbelt Energy Fund for the development of the intertie system and I would like to have Council consider those resolutions and have then passed to the Assembly and the Kenai _-...Caucus-. 1.xealize -that probably.can't be _done prior to AML, however does Council feel comfortable with those resolutions? Councilman McComsey: This is-avery-important-issue-but-it-seems -- - _ - like the Assembly is going for school funding and it sounds like L m -L KENAI CITY COUNCILiss` NOVEMBER 2, 1988 I - PAGE 7 >_. perhaps the Assembly people from our area might be in the same frame. Perhaps we should meet and talk with them soon and see if (t we can get our wishes known. Mayor Williams: Do you have any objections to the resolution? Answer no. Councilman McComas Y = But If we don't let them know our wishes then they're still going to be. thinking the school funding is the most i:aportant. Councilman Smalley: I wonder if there's time for the city mayors F j. and managers to get together and discuss these issues. Mayor Williams: Probably not prior to AML. There is a meeting of all fi the mayors at AML on another matter and I don't know if there is time. The Kenai Caucus has not had time to set their meeting yet. Councilman Smalley: I think it would be advantageous to the city and to the other cities throughout the Borough to get that message to the Borough Assembly, perhaps they -are not fully aware of the situation. Mr. Brown: I would say that at least some of them are not. - -...- Councilwoman Swarner: Would it be better not to include the school ... bond indebtedness and list the municipal assistance and revenue sharing. Mayor Williams: We might be better off showing it as a . priority item for the city and that we are definitely interested and concerned but we need to show that the first priority is - �` municipal assistance and revenue sharing. Mayor Williams to City Manager Brighton, how do you feel about leaving it out. City Manager Brighton: I think if we leave it out altogether then we have created a fight between municipalities and boroughs and I think what we need to do is be as rational and logical as we can in o t f t e cu o explaining the situation, that I& we re in for a s et revenues, as opposed to only cities having hn raise taxes to cover the cut, it ought to be cut at the borough level so that the tax raise includes every one in the borough, not just city dwellers. Y. Mayor Williams: Administration will prepare those resolutions. I M will also look into getting together sometime prior to AML. C. PUBLIC HEARINGS g+ 1. Remove from Table - Ord. 1280-88 - Amending Kenai Municipal -ervision of All Employees of Legal Dept._ & Clerk's Code - sup Office under City Manager NOTION: Councilwoman Monfor moved to remove from the table Ordinance 1280-88, seconded by Councilwoman O'Reilly a. Public -Hearin-- Ord.-1280-88 ' - -- Mayor- Williams -called- for_public_ comments, -there were -none. - Mayor Williams: This has brought back from the table in order to set a time for an in depth look at this so that some broad - -- 1 6 1i ,t 1 f In rKENAI CITY COUNCIL - ---"----------`.__- =u NOVEMBER 2, 1988 PAGE 8 ;. r discussion can take place and to set a time certain when we can take care of this matter. May I suggest that because of the nature of the ordinance it may require an executive session and during that session the presence of the City Manager, City Attorney, and City Clork will be required. ; Councilman Measles: You are suggesting that we postpone this to a date certain? Answer yes. Councilman Measles: Was this moved for - - - - adoption before it was tabled? Answer introduction only on 8/17/88 1. and tabled at the public hearing. The introduction passed. MOTION: Councilman Measles moved to postpone Ordinance 1280-88 to 1/18/89, -=; seconded by Councilman Smalley ► _ ___;;r, VOTE: Motion passed with Unanimous Consent _, 2. Ordinance 1297-88 - Increasing Rev/Appns - Repair of Police a..„ Vehicle - $3.800 MOTION: Councilwoman Monfor moved for adoption of Ordinance 1297-88, _ seconded by Councilman McComsey Mayor Williams called for public comments, there were none. VOTE: . r Motion passed by roll call vote Measles - yes Monfor - yes O'Reilly - yes Smalley - yes Swarner - yes Williams - yes McComsey - no 3. ordinance 1298-88 - Amending Kenai Municipal Code, Title 7 - Purchases without Competitive Bidding, Increase to $10,000 -- MOTION: Councilwoman Monfor moved for approval of Ordinance 1298-88, seconded by Councilman Measles Mayor Williams called for public comments, there were none. VOTE: Motion passed unanimously by roil call vote Measles - yes Mon or - ye O'Reilly - yes -- - ------ ---- - swarner - yes Williams - yes McComsey - yes L V kENAI CITY COUNCIL NOVEMBER 2,-1988 - PAGE 9 4. Resolution 88-84 - Urging DOT & PF to Designate Portions of Seward Highway as 1!1 Priority MOTION: Councilwoman Monfor moved for adoption of Resolution 88-84, seconded by Councilman McComsey Mayor Williams called for public comments, there were none. Councilwoman Monfor: I thought our number one priority was the Spur Highway, did I miss something. Mayor Williams: That portion of the highway between milepost 5o and 65 has been in the works for a long time and I was under the impression that they let a contract out on it. I thought. they were going to do it this year and I don't know where it's at. Councilman McComsey: I saw surveyors this summer. Councilman Monfor: The only reason I may not vote for this resolution is that I would hate for anything to disrupt number one the Spur Highway, especially when I drive over it at least twice a day. Mayor Williams: I might point out that we have already passed a resolution setting our number one priority. Councilwoman Monfor: I think theirs should be the Spur Highway also. Mayor Williams: I wonder how they would feel about it being called the number two priority. Councilwoman Swarner: Who requested this. Mayor Williams: I think probably it came from Seward from their Council. City Clerk Ruoteala: Yes, Seward sent a resolution and you suggested putting it on the agenda and let Council discuss it. Councilwoman Monfor: Could we not make this number one please? City Manager Brighton: If you were to pass this as the number one priority, it's going to make I and the public works director and the former mayor look pretty silly because every DOT district wide meeting we've had we have banged the table and said this is the number one priority, this is the most heavily travelled road including the Sterling Highway on the entire Kenai Peninsula. If you were to pass this the next time we go over they are going to question that. To amend this and have it read a priority to DOT, would that not perhaps be acceptable to the people who are requesting it without making it a number one priority. Councilman Smalley: I think even if we -amend it it will leave a shadow of doubt as to what our priorities are so I would have a tendency to vote against it. Councilman Measles: Where does milepost 50 to 65 start and stop. Mayor Williams: As I recall the drawings it runs seven miles each side of the bridge, the real winding strip near the Hope cutoff. Councilman Measles:-- This has nothing -_to _do -wi-th the..area around Cooper Landing that was put off because of conflict with a -- ------historical- burial? -Answer no.-- KENAI CITY COUNCIL - NOVEMBER 2, 1988 PAGE 10 City Manager Brighton: By the DoT'e own count, the most heavily ' travelled road on the Kenai Peninsula is the Spur Highway between Soldotna and Kenai. The people that travel that road ,are locals ,v and are not people from Anchorage going to Homer and I can't believe that we would sacrifice continuing to support'that. Our local _t people travel it two and three times per day. I can't believe we ,. would move something in front of our number one priority. To __ .. support improvement on the Sterling Highway would not put us in a position of abandoning our number priority. The longer it goes the more deteriorated that highway is going to become. There is no indication that the volume of traffic is going to fall off. That is the road we should really be putting first. VOTE: -- --- - -_� Motion -fails unanimously - - Measles - no Monfor - no O'Reilly - no .. Smalley - no Swarner - no Williams - no McComsey - no Mayor Williams: With Council's permission I will write a letter to the City of Seward indicating that we have long since set our mn*w priority here and while we support the repair and the road this resolution speaks to, we sere unable - maintenance of to pass the resolution as written. Council agreed. D. COMMISSION/COMMITTEE REPORTS 1. Council on Mina --;--,. No meeting, however the tickets are on sale for the senior fashion show on December 2, 1988. ission 2. Airport Commission - Y There was no meeting, however Mayor Williams asked for confirmation of an application from Mr. James J. Dean. Mr. Dean comes highly recommended by members of the Civil Air Patrol and the Elks, he is resident for twelve years and is employed by Unocal. Councilwoman Monfor: I would have no problem with him, he lives in Woodland. Council agreed. 3. Economic Develcoment Commission The chairman is out of town and there have been no meetings. t At -4. - -Harbor.-Commission _Chairman_Quesnel: The minutes of October 17th are in your packet. Chairman Quesnel gave a report on events. There s-st -no-one— - available for the Kenai River Management board but I believe Mayor Williams has someone in mind. ., u . 1 ---4 UNAI CITY COUNCIL NOVEMBER 2, 198E PAGE 11 1 Chairman Quesnel informed the Council of a state harbor mastery convention in 9itka and the Commission recommends someone be sent and asked for the Council approval of the necessary funds. asked for an update on the Kenai River Viewing;.,:_ 11 71 Mayor Williams ask P ._ project grant, PW Director Kornelis answered that he had not heard anything since the last Council discussion. City Manager Brighton: At one time I thought someone said that they needed to have the ground frozen in order to drive pilings, is that correct. Answer, that was the Chamber's idea. MOTION: _... Councilman McComsey-moved that we send one of the Harbor 1. L Commissioners to the Harbor Masters Convention, there was no second. ---- - — --=...-=> -- City Clerk Ructsala stated that Council had already approved the request. Mayor Williams: I am hoping to bring before you an acceptable candidate, Mr. Ron Rainey. He has expressed a desire to serve on the Kenai River Management Board which would fulfill both seats. ----- -- -------- Mr. Kornelis sat in on the last meeting, however, we need someone full time. Councilwoman Swarner: I don't have a problem with Mr. Rainey, I have a question on the gate at the dock, is that going to be locked this winter? Answer yes. Councilwoman Monfor: I want to reiterate how important it is that we have someone on that Board as quickly as possible as we have a lot of interest, especially with that five miles of river. The best thing about having Mr. Rainey on the Board is the fact that he is not a member of Council. The last time one of the problems of the Board is that it was so top heavy with bureaucracy and this gives them a citizen plus one that lives on the river. - Mayor Williams: Let me pose a question. I supported the retaining of all rights of the lower portion of the river during all of the discussion at the last meeting of the Board. I have since made the statement on various occasions that I am sorry I didn't fight to retain those rights clear to the city limits. The other day I posed a question to the city attorney after speaking with the people from the Fish & Wildlife Service, the question was, by whose right and by what authority was the Kenai River Management -Board ever allowed to abrogate the rights of the City of Kenai, a first class city, over what they should do with their lands on both sides of the river and it now comes before their attention that we also own the bottom of the river and that the surface rights belong to the Coast Guard and the federal government as a navigable waterway. ...With-all.these.--things_ combined, where did anyone get the idea that they had any right within the City of Kenai. The City Attorney - said, _yquhave posed questions under which I could research and retire finding the -answers --to, we could -litigate -this fore Council --- -- -- - ---- — - - --- -- believe you have a valid point. I don't recall this City Counc" KRNAI -CITY COUNCIL - - NOVEMaER 2, 1988 PAGE 12 L ever giving any kind of authority, approval, recognition, of any%J t to the re ulations that they placed. I know the first Board '- sor g was set by legislation and -I believe I'm correct in saying that it was aunsetted, and the next question I asked was by,whose authority did the second one become seated. It was at the request of Neil Johanson. In my opinion, under Title 29 and.the Kenai .Charter. they have no authority to do anything with that river within the boundaries of the City of Kenai and we need to bring that to their attention. It came as a surprise at one meeting when they learned that the City of Kenai owned the bottom of the river. PW Director Kornelis: One of the topics they brought up was the lower five miles of the river. They are very anxious to include that in their plan. it as not discussed because the chairman said that was not on their agenda. Also, in our information is a letter from the Corps regarding the study of the siltation of the river. Councilman Measles: How about sending them an official notice of withdrawal of all of that up to the Kenai city limits and let them litigate it. Mayor Williams: Mr. Chris Garcia has been unable to tie his boat to a buoy in the river in front of his house, a buoy he obtained a Corps permit for and he can't move his boat to his property because he has in excess of 35 horses, yet we gave Waldo Coyle the submerged rights to that tidelands in front of his home for the same purpose. Councilman Measles: Withdraw from the - management group, withdraw our lands along with it and let them worry. Mayor Williams: Declare that they have absolutely no authority as far as we're concerned? S. Library Commission Councilwoman Monfor: We had a meeting last night and you don't have the minutes in your packet. We will not be having a meeting in December. We did not seat a student representative because the application was not done in a timely manner. I will be getting back with you when the Friends of the Library Christmas reception will be. 6. Recreation Commission Councilwoman Monfor: On the minutes of October filth for Parks & Recreation Commission, discussion was held regarding the smokers in front of the Rec Center and the consensus was that nothing would be done because it goes on outside the building. it seems to me that outside the building is still city property so we should have some jurisdiction and you can't buy cigarettes if you're not a certain age, then they shouldn't be able to smoke them there. If we have to have cooperation with Chief Ross's men for a while then maybe that's what we need to do. I do see it as a problem. Sometimes --I' 11--drive up -there -and- there --are _five or six students -smoking throwing their butts all over. JMNAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 13 Parks & Rec Director McGillivray: We have talked about it. Bill Mussen is the manager and I believe he has been working through the students and I think a good deal of that out in front of the r� ' the smoking has stopped but building has stopped. I m not saying g PP at last they're finding a different area. It is city property and we do have the right to say they can't but the point I was making -''- - to the Commission was that it is hard for the people inside to also take care of outside. One adult on duty upstairs inside and if '� y they are outside running down smokers then they run wild inside. Councilwoman Monfor: I would like to request that if this continues that we contact Chief Ross to have a couple of his people drive through periodically and inform those students. Councilman Smalley: It is state law as far as having cigarettes. MayorWilliams; I believe the law was changed to 19 for the use of any sort of tobacco of any sort. Parks & Rec Director McGillivray: We do it more on dance nights where we have large groups of kids, but we have gotten good cooperation from the police department on having periodic checks through the parking lot. As far as specifically asking them to do anything about the smoking we haven't. Councilwoman Monfor: If Council asks they will respond. City Manager Brighton: I can imagine the problems from Chief Ross When we ask him to enforce the cigarette law. The second problem we run into is that we're only going to enforce it on city property that is somewhat discriminatory because the law covers the mall and _ schools as well. I think the best way to handle it is the way Mr. McGillivray has handled it in that they've had pretty good cooperation. if it looks like its getting out of hand he can probably get on the phone and take care of it. Parks & Rec Director McGillivray: We are aware of it and we are trying to get some of them in a different location. Right out in front of the building is not a good image. 7. Planning & Zoning Commission Councilman Smalley: I reported the minutes of the meeting that we have before us on October 19th, I don't know if there's a problem with getting the minutes to the Council but these have been reported on. A work session was held and work was done on a bed & breakfast ordinance concept and were going to do the RV at the same meeting and found it was an impossible task to get both done. I would say they are close to drafting an ordinance and should have one at the next meeting which will be similar to the Soldotna ordinance. As soon as possible they are going to work on the RV ordinance. During the meeting, an approval for a bed & breakfast and guide - - - - - service business -on South_ Ames --came -up, _ At -the very end of the meeting there was a vote of reconsideration so it will be coming up again. t - i �KENAI CITY COUNCIL _ NOVEMBER 2, 1988 PAGk 14 Councilwoman O'Reilly: What is the normal procedure for getting the minutes submitted. Why can't they be written up or is that idealistic. City Clerk Ruotsala: I did those minutes in dddition to my other services because Janet Loper was not able to come to the meeting. I did the very best I could and that was the jest I could do. Councilman Smalley: I wns referring to the October.26th minutes. City Clerk Ruotsala: The packet goes out the next Friday so that means she would have had to do them in two days. Councilwoman O'Reilly: Is that an unreasonable request to have them done the next day. City Clerk Ruotsala: yes it really is because that is not all we do. We do the best we can but there's no way we can get them all typed up. We have mt secretary that does all other minutes but she does not do Planning & Zoning nor any'6 others that most during the day. Janet and I split those meetings and the secretary can't even get them in within -a day. It just can't be done that fast and the secretary has help. Mayor Williams: I would also mention that we are in the midst of elections and there is a lot of absentee balloting going on right now and that takes up a considerable amount of time. City Clerk Ruotsala: Janet Loper has been doing all the minutes since the election period started so she's been helping me on that. As soon as the election is over I will start doing the Council minutes, but she's had the Planning Commission minutes, Council minutes, plus all the packets for all commissions and other duties. There is just no way we can do that the day after the meeting. Parks & Rec Director McGillivray: I might mention that Councilman Smalley was talking about the RV ordinance with Planning & Zoning, it's my understanding that the two commissions will be meeting on December 14th. Mayor Williams: I might pass on that Pat Nault is the new chairman and Margaret O'Reilly is the new vice chairman. Councilwoman Swarner: I request that the minutes of the Council and the Commissions get top priority from the secretaries so they do get in our packets promptly and that be done before other correspondence. City Clerk Ruotsala: Are you speaking of the correspondence that is given to me from the Council and the Mayor and my own. Councilwoman Swarner: Specifically the Mayor and the Council. Mayor Williams: One of the problems that we face with the Clerk at this time is a tremendous amount of effort goes into the election. I'm hoping that after the election is over if we can bear up another week, that we may be able to get some backlog cleared up. We did have an unfortunate accident, Janet Loper did fall down the stairs and was injured and off work for three days during the time that --these meetings -were going on and the-minutes-were.to be.out ._-- and left more of a load on the Clerk. City Clerk Ruotsala: Is that the consensus of Council. Councilwoman Monfor: I agree that that is probably the top KENAI CITY COUNCIL NOVEMBER 2, 1988 - PAGE 15 priority, Planning & Zoning and Council. Those are the two most important sets of minutes that we have. Councilman Smalley: Is it possible they could be brought in the evening of our meeting. Mayor Williams: As I said, I think we would have had them if it had not been for the accident. I think Councilwoman Monfor has a legitimate request in that the Council and the Planing Commission are very important especially at this period of time as we are watching with enthusiasm in that we are urging them to complete a couple new ordinances for us. Councilwoman Monfor: I do realise that this election makes a lot of difference but I hope that after the first of the year we see a difference. Even before elections there has been a problem with the minutes and we are all aware of it. It's real important that they're there. 8 Misc. Commissions/Committees No report E. MINUTES 1. Regular Meeting, October 19, 1988 City Clerk Ruoteala reviewed the corrections to the minutes submitted this date. MOTION: Councilman Measles moved to accept the corrected minutes, seconded by Councilwoman Swarner VOTE: Motion passed with Unanimous Consent F. CORRESPONDENCE 1. *J. Johnson, Alaska Airlines - official Airline for Bi- centennial 2. *R.L. Cottrell, Kroger Co. - Support of Cold Storage Facility 3. *Sen. Stevens - P-3 Orion, Homeporting 4. *Mayor, Saitama, Japan - Thank you for visit, Karin Bryson S. *R. Kowalke, Anchorage Economic Development Corp. - Thanks to Mayor Williams G. OLD BUSINESS H. NEW BUSINESS 1 Bills to be Paid. Bills to be_Ratified MOTION: _Councilwoman Momfor_mo_v_ed_ that we _pay the_ bills over $1,000, seconded by Councilman McComsey L KENAI- CITY COUNCIL- NOVEMBER 2, 1988 PAGE 16 VOTE: Motion passed with Unanimous Consent 2 Relaisitions Exceeding 11,000 MOTION: Council Measles moved to pay the requisitions exceeding $1,000, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent 3. Discussion - Lease Application - Inlet Fisheries Inc., Kenai Spit S/D MOTION: Councilman Measles moved for approval seconded by Councilwoman Monfor VOTE: Motion passed with Unanimous Consent Mayor Williams: I might comment to our engineer that I was intrigued by their drawing on the back regarding replacement of the gradient with some other form of retainment and I would like to ask you if you view that as a good sound engineering system. PW Director Kornelis: In our case 1 don't think it would work as good as gabions which is what was used on our existing facility. Mayor Williams: Rather than just a straight retaining wall. PW Director Kornelis: That is correct. Gabions would also be less expensive. Councilwoman Monfor: Is this where the old Fisherman's Packing used to be? Mayor Williams: The map on the back shows where it is in relation to Columbia Wards. They are just getting into the phase II. Mr. Korby Hanes: Inlet Fisheries has requested the Fisherman's Packing plant. Our proposal is to take over the existing lease and Planning & Zoning Commission has approved it. some of these dates are not correct, we are resubmitting the same material except for those dates. We have a letter from the Corps of Engineers and all we have to do for their part is sign our name for the transfer. Mayor Williams: This is strictly the request for lease application and it will be back before us as a lease. Administrative Assistant Howard: No, I'll have to order the appraisal and then proceed with the lease. _- - - -- - - �771 a _ - - --- MOTION: — - - - -- - - - --- Councilwoman Monfor moved to accept it with the conditions -so-- stated, seconded by Councilman Smalley. ` L k '. . . >, KENAI CITY COUNCIL NOVEMBER 2, 19SR PAGE 17 4. Discussion - Request for Mutual Rescission & Release, Gusty S/D - J. Wade Administrative Assistant Howard: You will see in the mutual rescission of release it was contingent upon Mr. Wade paying an amount owed which was $776.86 which would be current through October 31st and they did make that payment. Councilwoman Monfor: Would you please tell we which piece of land that is in relation to the Chamber building. Administrative Assistant Howard: It is on the Chamber side of Napa Auto. City Manager Brighton: it is a pie shaped parcel that I don't think is big enough to take a structure on its own. I know that it took us nearly three years to get it available for lease to Wade. His original intent was to use it for additional parking. Councilwoman Monfor: I hope that we will mutually rescind this lease and that we will keep this property on hold for the bicentennial land committee to look at. Councilman Mccomsey: I would agree with that but I would also agree that I believe the same property is the one with all the wrecked junk cars and cars that are being worked on. If we're going to take this back they are going to have to clean that up. Isn't that just this side of that garage. Administrative Assistant Howard: That may be on the Napa lot, I'm not sure. Councilman Smalley: Right behind that you've got the Bookey property that is going to be cleaned up. Mayor Williams: I Mould suggest that our building inspector, when he's seeking his rounds during the day time makes sure that lot is cleaned for us so there isn't any junk and that the rescission not be given until we are sure there isn't any junk on it. MOTION: Councilwoman Monfor moved that we rescind the lease on the condition that not only has his lease payments have been made current but also that there's no junk left on the lot, seconded by Councilman McComsey. VOTE: Motion passed by Unanimous Consent I. ADMINISTRATION REPORTS i_ Mayor a. I have Parks & Recreation Commission needs one member, answer no, the Commission is current. -- -- - - b.- I -am happy to -report thatthe .commissions .are full.. ..,. .. c.._—At-AK6_the mayors_ on_ the peninsula -are going to_try t° get --- together and discuss some method whereby we can begin to look at funding a borough -wide tourism development business and some form MENEM r. . HENAI-CITY COUNCIL -- - NOVEMBRR 2, 1988 PAGE 18 of funding that would be collqictable by the borough and returned back to the cities similar to that of sales tax. It was the consensus of Mayor Farnsworth and others that we would discuss this. " d.- I have a request to authorize payment to Mr. O'Reilly for a Resourele Development Council meeting on 10/14 in the amount of $$6 and Mr. Thomson on 10/20 for $77.50. In requesting these I would like to bring to your attention that we are attending these RDC meetings regularly. some time ago we said that if it was going to cost us $2500 per year we should have some representation there. Rather than bring the authorization before the Council on a monthly basis, would the Council desire giving a blanket authorization for expenses for a member of the EDC to attend the RDC meetings monthly. Councilwoman Monfor: I like the idea of the Commissions coming to us. It gives us control over the travel situation. I'm sure that we would never turn anyone down but it gives us the control. Mayor Williams: We are approving this after the fact that is true. We have had this ongoing discussion with EDC back and forth whether or not to authorize once a month. If we could get a set pattern it would be easier. Councilman Measles: Is it budgeted. Answer yes, it comes from the EDC budget. Councilman Measles: Could Bill authorize it. City Manager Brighton: If they are authorized to go Council is going to have to authorize it and I'm not going to pay it until Council authorizes me to pay it. Councilwoman O'Reilly: what is the problem with authorizing the payment after the fact. Mayor Williams: The Council's position has always been that we should know if they are travelling ahead of time and we should have the right to authorize it prior to. There have been a couple of occasions where spur of the moment trips are required and then got the authorization. Councilman McComsey: They are attending once a month? Mayor Williams: Yes. RDC meets every week in Anchorage but we have limited our participation to once a month. Councilman Measles: And the Commission decides who is going to attend those meetings. Mayor Williams: I don't know how they decide who is going. Councilman Measles: Apparently they went to two in October. Mayor Williams: No, Mr. O'Reilly's request is one that he attended with me. It was for our Economic Development Commission meeting not and RDC meeting. Councilwoman Monfor: It seems to me these commissioners are travelling a lot more than I -am- and- I'm the -elected official. _.. Councilman Smalley: Maybe it should be a member here. Mayor --- , at Williams:-�iilliame: —Let me tell- you- that begin►_ _-- y '. KENAI CITY COUNCIL NOVEMBER 2, 1988- PAGE 19 MOTION: Councilman Measles moved the Council authorize the City Manager to pay one trip per month for whoever attends from the EDC to attend the RDC meeting provided the money is in the budget, seconded by Councilwoman Monfor City Manager Brighton: Mould you like to see a report from these meetings? Councilwoman Monfor: For all this money we're spending plus $2500 per year. Councilman Measles: I believe that was talked about some months ago when we started talking about approving these trips for commissioners, that the Council would receive a report. I don't think we've ever seen one from anybody. Nayor Williams will send a letter to the EDC regarding the attendance at these Mims, m9nitting a report, and they properr method of reimbursement. MOTION AMENDMENT: Councilman Measles moved to add a requirement that a report be given to the council after each meeting as a part of that motion, seconded by Councilwoman Monfor. Councilman Measles: I do have a problem with the Council approving expenditures for anyone to go to a -meeting and they are acting on behalf of the City and we are the elected officials and we don't know what they're doing up there. I'm not saying they're doing anything wrong but as the elected body we should know. Councilwoman Monfor: I think we talked about this last year and we agreed to send somebody and one of the reasons was to keep informed. We still don't know and it's probably time to spend the money again. Mayor Williams: I think Mr. Thomson should come before the Council, give his views on IWC and give a report. Council agreed. e. A note from the City Clerk states that we have $754.18 left in the transportation budget and that includes the costs already expended on the AML trip. City Manager Brighton: The important part of that is that you are getting close to the legislative session and you're talking about substantial monies for transportation and what she is doing is letting you know that the budget is nearly gone. Councilman Measles: We're only four months into the fiscal year and we've nearly used up the entire budget. Finance Director Brown: The fourth page of the financial report shows the original budget. This is before the AML expenses. What the - City No - is talking_ about- is - for the Council . end _Mayor to go to Juneau, that's in intergovernmental transportation. Your lobbying efforts are going to be allright. Mayor Williams: This $9,000 for miscellaneous travel includes the L L ;I. a I� ' 1d 44 W:. :KENA, CITY COUNCIL NOVEMBER 2, 1988 PAVE 20 AML, NLC, and other travel for Council. Councilwoman Monfort I have a problem with starting out with $9,000 and having $700 left and no one has gone anywhere, what happened to the money. Finance Director Brown: The misce'filaneous trips are not identified other then AML. City Clerk Ruotsala: Its going to cost about $250 each for AML for the plane tickets. Mayor Williams: So with all expenses, its about $4200 for six Council for AML. Councilwoman Monfort I think next year we should look at just one or two going to AML. Councilwoman Swarner: I Mould ins to see a list in our next packet of trips. Finance Director Browns I can print it out on the computer for the next meeting. Councilwoman Monfort The bicentennial commission was sunsetted and there was $3200 in that budget. Can we transfer that into the travel budget? Finance Director Brown: Yes, we can do that at the next meeting. Mayor Williams: I can account for about $6500 off the top of my head. Councilwoman Monfort Mayor, when you take your trips, does it come out of this fund, answer yes. I know we did some transferring in that budget, maybe we didn't put enough in it. Councilman McComsey: That $3200 would be enough for the near future wouldn't it, answer yes. 2. City Manager a. Last evening, Pat Porter, Linda Swarner, and I were at the Borough public hearing on their CIP list requesting them to add our congregate housing project. That is the only CIP project that the city is going to be involved in. All of the cities are going to be asking for what they feel are area wide projects that the Borough could put on their list to support. I think that we need to do some work with the people in the other communities on the fish tax issue because it is important to us. It's -become obvious that every source of revenue we have is being reduced rather than increased and that needs to be done prior to Christmas. It's possible, along with your Mayor's meeting in Fairbanks along with most of the Managers there might be a possibility of joining them at that time. We're asking the Borough to give up a half million dollars and they're not going to give it up. Each city needs to work with their assembly that the fishing industry receives no benefit from the fish tax from the Borough. All we're asking for is the fish tax on what is processed inside the cities. The Borough will still get 50% of all processed fish outside the cities and there are lots of those. b. The survey on Thompson Park - we have drawn the samples, the N envelopes have been addressed, I need to know how you want those questions worded. Councilman Measles: Just one simple question, yes or no, do you want water and sewer under a special assessment bond. Not or. City Manager Brighton: What if they call and ask how much it is ----- — ,don't-- -" "- -- going Monfort --We know. —City -Manager----- - Brighton: If it were a percentage it would be easier. Councilman L `, 'XENAI CITY COUNCIL - NOVEMBER 2, 1988- PAGE 21 Measles: I think it should be under the normal sewer and water assessment that is set up already - up to 25%. City Manager Brighton: If you want water and sewer on the basis of up to 25% of the cost. Councilman Measles: The cap on that part of the code is 25% of the value of the property. If 25% of the cost of the property exceeds 25% of the property value then that limits the amount. C. I have a six page fax letter from Bernie Riechert of RDA. There is a breakfast in the morning with the Mayor, and EDA representative, Kroger store representative, Lt. Governor, and the situation is Dragnet has sent a letter to their attorneys to the RDA asking them to reject our application for a cold storage. I will get you copies. Councilwoman Monfor: Is it true that they have closed for the winter and they have no more space, Seafoods from Alaska. City Manager Brighton: I don't know what the actual situation is, I've heard that Alaska Seafoods got Dragnet to lease them space for one million pounds and then changed that and said they could only have space for 200,000 pounds. At the time they need space to carry them through the winter, there is no space available. Mayor Williams: Seafoods from Alaska is managing to squeeze through right now by hiring a whole bunch of Sealand vans parked outside the plant. City Manager Brighton: The gentleman who asked to lease that lot next to Inlet Fisheries indicated to me that he did not want to get involved in this controversy, however, if it were available, he was convinced that he wuuld be able to use some of that space. I think it will be important -to attend that meeting. Bernie Riechert who has helped us all the way through will be here and he needs some answers to the accusations that have boon made. Councilman Smalley: Going back to the Thompson Park situation, if its 25% of the assessed property value I am thinking that in terms of $100,000 home and a $200,000 one will pay more. Finance Director Brown: It's based on the fair market value of the property after taking into account any improvements. When you're talking about 100% assessment district, let's say you have a house on a lot with a house. Let's say the lot next door is vacant and it's only worth $10,000. If you run a water and sewer line, apportion out the costs to all the -property, you -come to-$5,000 to each lot. Those two lots are the same size. The one that has the house on it would get the whole $5,000 assessment. The empty lot you would take 25% of the $10,000 value so instead of that lot getting assessed $5,000 it could only be assessed at $2,500. That's what the 25% limitation is. Attorney - - - -- - --- - ------------ ai----Cary-braves,-Acting--City Attorney: - Concerning- the -Patel------ - — - - - matter, we have filed a formal denial of the allegations of the 17 y. „ rc y, complaint. 4. City Clerk a: There is a notice from the ABC on suspension of the Rig. It means that they haven't opened this yesr and they have to open 30 days of each year in order to keep their license and they have requested from ABC to be exempted from this. It was granted. b. A telephone poll was made on 10/21, there is no motion necessary, but I do have to read it into the record. "The Kenai, Public Works Department and the Airport Manager request Council approval to issue a purchase order to Salta General Construction for $2,665 to rent their D-9 for pushing up sand for winter maintenance. The sand is at the Kenai Peninsula Borough landfill who have authorized its use but it must be pushed up into a pile to provide an unfrozen face to work off of". There were six yes and one no. C. I was asked to find out if Jan Bobek was a resident of the City of Kenai, she was not. d. There was a notice In your packet of election changes. S. Finance Director a. The financial report is in your packet. There will be another finance report from the auditor on compliance with grants. b. Regarding the Daubenspeck property, for years all we received was $08 per year for the lease of that property. The revenue from leases, royalties on gas and oil are dedicated to athletic programs so we now have a reserve in the general fund. Beginning in April of this year we started receiving money from Unoral and Ciri and thanks to Kevin Tabler and John Monfor we now are getting $16,000 or about $3,000 per month. At that rate you can determine that you can have some athletic programs. You can thank Vince O'Reilly for asking for research on this. We were losing identification on what tracts of land the revenues should be dedicated to. I talked to both Kevin Tabler and John Monfor for hours trying to identify the lands that were generating these revenues so I could determine if it was supposed to be going into reserve accounts or not. 6. Public Works Director a. The airport renovation is out for bid and we'll have the - results at the -second meeting- in December. - - - --------------b.-- -The-Swires-project and- the -float -plane basin -ere shut -down- for the winter. I don't think we're going to be able to close them out because there are some things left over that need to be done. r - 1 r- 1 +KENAI CITY COUNCIL - - NOVGMBER 2, 1988 PAGE 23 c. The question at the last meeting regarding putting banners across the Spur Highway, we did a rough estimate for the poles and it looks in the neighborhood of around $10,000. -This is for two steel poles, structurally strong enough to hold a banner stretched across the highway. This does not inc l de lighting. o i- M`a..�'� Jna r &e fF1: �f'Ii 7^^ '� s d. We received a Carps permit for placing se'#e�Arooring buoys in the river. We hope to have them in place this summer. At this point we have four mooring buoys in the river permit, we have the parking and staging area, and also for the 8wires/Lawton loop project, for the sewer line to Thoppeon Park. Those pending are ,nr�aK�e.nwv►�e- for the cold storage site and foHredging. The last one was for the wildlife viewing area. We were told originally that we would not -need one, however, -I did fill out the paperwork -for the Coastal Zone Management who think we might have to. e. EPA five year permits are due for the waste water treatment plant. The forms are filled out. There may be more stringent requirements we have not needed to do in the past. We will know later. Also up for renewal is the sledge disposal landfill. We haven't done any landfill or sludge up to this point. It's a three year permit. The reason we haven't done it in the past is because of all the changes at the airport, the landscaping and float plane basin but we do plan on doing some next year so we have reapplied. f. In reading through the minutes, the issue of the private road brought up by Fr._ Targonsky, where public works is actually out plowing snow on private roads and the liability and I noticed that the Mayor mentioned that public works will take care of hie end of the problem. My end of the problem was to write a memo to the legal depavtment asking for direction, until then we plan on continuing to plow the road this year. Mayor Williams: I had an interesting discussion with the Lt. Governor this afternoon relative to Title 29 and he advises me that Title 29 allows the taxation of -church property and that the only church property that is not taxed is that property used immediately by the use of the church. That excessive properties beyond what the church uses specifically for its needs are taxable. I don't think we do that though. The question came up in Valdez when a church there had a great big long parcel that wasn't church property and it was taxed. 7. Airport Manager None J. DISCUSSION 1. Citizens None Lam.. . .M KENAI CITY COUNCIL NOVEMBER 2, 1988 i. PAGE 24 2. Council a. City'Manager Brighton: As you know in the past we have gotten the department heads together and have had an orientation. i have spoken with our new Councilman and he will let us know a day when hb can get with us. At that time any member of the Council is r; invited to sit in and help give him the big view of the overall operation. K. ADJOURNMENT There being no further business, the meeting was adjourned at 9:35 L