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HomeMy WebLinkAbout1986-08-20 Council MinutesAGENDA KENAI CITY COL4CIL - REGULAR MEETING AUGUST 209 1966 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. 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 Orderu. B. PERSONS PRESENT SCHEDULED TO BE HEARD 00 Minutes) 1. Sandra or Rene Daniels - Airport Bar Lease 2. Steve Sather, Dragnet Fisheries - City Dock Issue r:.. C. PUBLIC HEARINGS 1. Ord. 1155-86 - Amending Kenai Municipal Code - Plawning & Zoning Be Substitute Ord. 1155-86 , 2. Ord. 1159-86 - Increes Rev/Appna,Boating Facilities - $1,000,000; Transf. of Funds, Boating Facilities -- - $3249622.41 3. Ord. 1160-66 - Amending Kenai Municipal Code - Mandatory Water Connection and Abandonment of uio 4. Wells Res. 66-77 - Awarding Contract - Eastern Entry Triangle 5. Roe. 86-80 - Authorizing City Manager to Sign Quit Claim Deed - FBO S/D 6. Res. 86-81 - Awarding Engineering - Kenaitze Ct. 7. Redesign Res. 66-82 - Awarding Bid - Cargo Van - Public Works S. Roe. 86-83 - Advisory Vote for Float Plane Seeing Oct. 79 1986 Election = _= - " 3 .�,r�..-ra+-�-aa�• ___-__..._�.. •era �_ u�- - — .. 3' '.a. ' t •'V 0. MINUTES 1. *Regular Meeting, Aug. 6j 1986 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paidq Bills to be Ratified 2, Requisitions Exceeding $1'000 3. *Ord. 1162-66 - Increas. Rev/Appne - Airport Safety Zonep General Aviation Tiedownp Taxiway Improvements - $953,000 4. *Ord. 1163-86 - Increas. Rev/Appne, New Street Lights- $900000 5. Vacation - Lowry/Partee - Sprucewood Rd. 6. Partial Rescission and Release - P. Evans - CIIAP 7. Extension of Construction Schedule - Pitts - FBO S/D 6. Extension of Construction Schedule# O'Connell/Swarner- Kenai Municipal Reserve S/D 9. Disc - Amendments to 1986 Municipal Capital Grants 10. Disc. - C. Gintoli - Liability Insurance 11. Disc. - Classification Study - Work Session H. REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5, Finance Director 6. Planning & Zoning 7, Harbor Commission B. Recreation Commission 9. Library Commission 1. PERSONS PRESENT SCHEDULED TO BE HEARD (5 Minutes) ADJOURNMENT -4 KENAI CITY COUNCIL MEETING MINUTES t AUGUST 20, 1966 KENAI CITY HALL MAYOR WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLE L Presents Tom Wagoner, Tom Ackerly, Sally Bailie, Jose Hall, Raymond Measles, Chris Monfor and John Wise Absents None B-1 AGENDA APPROVAL Mayor Wagoner requested that the following changes be made to the agendas 1. 6-2 should be removed as Mr. Sather telephoned City Hall to say he would not be able to make the meeting. 2. C-1b, a substitute to Ord. No. 1155-66 be added. 3. C-7, a substitute on Res. 86-82 be added. 4. D-1, Minutes of the August 6, 1986 Council Meeting should be removed from the Consent Agenda.. There were no objections to the additions/changes and the Agenda was APPROVED AS AMENDED. A-2 CONSENT AGENDA MOTIONS 60 ti Councilman Measles MOVED for approval of the Consent Agenda and Councilwoman Bailie SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Sandra and Rene Daniels - Airport Bar Lease Sandra and Rene Daniels ep3ke to the Council requesting that their lease rate for the airport bar lease (Runway lounge) be reduced. They explained that they felt now the t they bid too high at the time of the bid process plus their operating costs have raised considerably, but mostly due to their liability and fire insurance costs skyrocketingg. They passed out to the Councilmembers a financial statement prepared for June 1, 1906. They are requesting a reduction in lease rate for the remainder of their lease which In approximately one year, although they have prepaid their rent for the next three months. Their lease rate at this time is $4,200 per month and they are requesting a reduction to Sion per month. Their partner is venting these to close the business but they are hoping that with the lease rate reduction they will be able to continue. They feel that if there is no reduction, they will probably close this winter. Attorney Rogers stated to the Council, that before they consider the reduction in lease rate, it may he oppropriste for -the Legal Department to look at whether At would be permissible to lower the lease rate because tine rate was determined by an RfP. The question had not bean ppresented to the legal Department prior to the meeting and therpfors they would need ed*s time to check. Rene Daniels suggested that the City buy the insurance they are required to have. Atty. Rogers again stated that such a reduction may not be permissible. Council requested that Attorney Rogers look into whether such a reduction would be permissible and report back to the Councilmat the next meeting. C. PUBLIC HEARINGS C-1 Ordinance 1155-66 - Amending Kenai Municipal Code - Planning and Zoning. MOTION: Councilmen Measles MOVED for adoption of Ordinance IISS-66 and Councilman Hall SECONDED the motion. Mayor Wagoner asked if there was any testimony. There was none. Ordinance was brought to the Council for discussion. Councilmen Measles for clarification asked if Ord. 11559 Item C-1 had problems$ C-le had problems and C-lb was written as it should be written. Answer was "yes." MOTION: Councilman Measles MOVED to amend C-1 by replacing it with Substitute 29 C-18. Councilwomen Monfor SECONDED the motion and requested unanimous consent. ORDERED. Ordinance 1155-86 as amended. There was no discussion. Roll Call vote wee taken. MOTION PASSED UNANIMOUSLY. C-2 Ordinance 1159-86 - Increase revenues and appropriations for boating facilities - $1,000,0001 Transfer of funds for boating fecilitiee - $3249622.41. PnTION: Councilman Ackerly MOVED for adoption of Ordinance 1159-06 and Councilwoman Bailie SECONDED the motion. There was no public hearing. Because definite costs of the project will not be known until the bid opening and award, Mr. Kornelis directed the Council's attention to the lest paragraph of a memorandum attached to the ordinance from C.A. Brown, Finance Director, suggesting that the ordinance be postponed for final action until the September 17, 1966 bid opening. MOTION: Councilman Ackerly MOVED to postpone action on Ordinance 1159-06 until the Council Meeting of September 179 1986 and Councilman Measles SECONDED the motion. Roll Call Vote was taken. MOTION PASSED UNANIMOUSLY. C-i Ordinance 1160-86 - Amending Kenai Municipal Code - Mandatory Water Connection and Abandonment of Old Wells. MOTION$ Councilman Measles MOVED for adoption of Ordinance 1160-86 and Councilwoman Monfor SECONDED the motion. Public Hearing began with Waldo Coyle speaking. Mr. Coyle asked whether the City would take over the wails? Answer wee no. Mr. Coyle stated that federal low granted water rights under the Homestead Act. 2 father Targonsky spoke against the ordinance. He feels the wells should not be abandoned unless they are proclaimed oondemned{ that people have water rights; that wells should be "grandfathered" for length of use; and that the Council should not look only at economics of the situation. Clarence Ladd spoke stating that he has been concerned about old abandoned wells, that something should be done about those. However, he is against the mandatory hook-up. He feels that if wells are abandoned, well owner should be compensated for the cost of the well. Discussion to the Council. Councilman Ackerly asked that the specific statute be included in the ordinance. Councilwoman 8eilie stated that clarification needs to be made in regard to structure/parcel within 200 ft, of the water line in sections 17.20.010 and 17.20.011. Public Works Director, Keith Kornelis explained that the law demands 200 ft. distance factor. The reason for the mandatory hook-up ordinance is that if the ordinance is not passed, the Department or Environmental Conservation will not allow use of the new sewer system. Mayor Wagoner suggested that the ordinance be tabled until the next meeting so that the ordinance can be clarified. Councilman Hall asked how the distance of 200 ft. was decided. Mr. Kornelis stated that it was in the original ordinance and that was written in that manner to be able to acquire state grants. MOTION: Councilman Measles MOVED to table Ordinance 1160-86 until the next meeting and Councilwoman Monfor SECONDED the motion and requested unanimous consent. ORDERED. C-4 Resolution 86-77 - Awarding Contract - Eastern Entry Triangle. Councilwoman 8eilie MOVED for adoption of Resolution 86-77 and Councilwoman Monfor SECONDED the motion. The floor was opened to public hearing. There was none. Discussion by the Council followed. Councilwomen Bailie stated that she had attended the meeting with the committee and would answer any questions Council may have on the subject. She added that the Committee wishes to have a gazebo, greasy area, water fountain (non -drinking), benches and concrete sidewalk included in the plan. The committee will be meeting with Mr. Qintoli to discuss the design further. Councilwoman 8eilie also stated thwt "pon recommendation of the Committee she suggests that the park be named the Leif Hansen Park in memory of the young man who died recently. She stated that she polled approximately 50 people, a good croee-section, and had only one person state dissatisfaction. Roll call vote was taken on the motion adopting Resolution 86-77. MOTION PASSED UNANIMOUSLY. MOTIONt Councilwoman 8eilie MOVED that the eastern entry triangle park area be named the Leif Hansen Memorial Park and Councilwoman Monfor SECONDED the motion and requested unanimous consent. Councilman Ackerly questioned naming the park in memory of someone when the Council hoe decided on other occeeione not to name streetst etc. after people. Councilwoman Bailie explained the young man wee involved heavily in community affaireg was an Eagle Scout and wee well -liked by many people# but the park would be for anybody. Mayor Wagoner reminded Council that unanimous consent was requested and asked if there was any objection. There was none. ORDERED. C-5 Resolution 86-80 - Authorizing City Manager to Sign Quit -Claim Deed - FBO Subdivision to Homer Electric Association, Inc. Councilman Ackerly MOVED for adoption of Resolution 86-80 and asked for unanimous consent. Councilwoman Monfor SECONDED the motion. Floor was opened to public hearing. There was none. Discussion opened to Councilmembers. Councilman He asked whether the property would remain as their headquarters. Atty. Rogers answered that the occupancy portion of the deed had to be written to suit due to federal financing. Councilman Hall asked whether HEA could sell the property. Answer was "no." Mayor Wagoner asked if there were objections to the unanimous consent requested. There were none. ORDERED. C-6 Resolution 86-81 - Awarding Engineering Contract - Keneitze Court Redesign. MOTION: Councilwoman Bailie MOVED for adoption of Resolution 86-81 and requested unanimous consent. Councilmen Measles SECONDED the motion. Floor was opened to public hearing. There was none. Discussion was brought to the Council. Councilman Wise noted the differences in the bide. He asked City Manager Brighton if he was convinced that the City of*hff is right in recommending the resolution. Mr. Brighton answered "yes." Councilman Ackerly stated that he thought that he should abstain from voting due to the fact that he lives in Keneitze Court. Mayor Wagoner stated that he felt there was no conflict for Councilman Ackerly and that he should vote. Mayor Wagoner reminded the Council that unanimous consent wee requested and were there any objections. There were none. ORDERED. C-7 Resolution 86-82 - Awarding Bid for Cargo Van for Public Works. MOT ION: Councilmen Ackerly MOVED for approval offfiesolution 86-02 and requested unanimous consent. Councilman Measles SECONDED the motion. There were no objections to unanimous consent requested. ORDERED. C-6 Resolution 86-83 - Advisory Vote for Float Plane Seeing October 7g 1996 Election. a :.t 1 . ��----',— •----�� . ----�--------•:�-`---r'-+---- .�. '�-�-��� .....=�.-ice �' MOTIONt Councilman Ackerly MOVED for adoption of Resolution 86-63 and requested unanimous consent. Councilwoman Monfor SECONDED the motion* floor was opened to public hearing. Mr. Gorsld Sibley spoke objecting to the resolution ae it is written'. He stated that he felt it was a loaded political move, much too costly, and the vote implies the funds would come from taxes. The resolutions does not say that the funds come from airport improvement funds, dose not give description of area where the float plane basin is planned. Again emphasised that the coat was too great. 011;i k Coyle stated that the concept hoe been talked about for years and was part of the capital improvement project plans since before there was a city manager. $He feels that it would be an asset for the city and should be built. $He does not feel that it needs to be taken to on'advisory vote. SHe urged the Council to go ahead with the basing without the vote. John Williams stated that issue has been before the City for a long time. He stated that the coat would be too great for the identified amount of prospective users. There hwa been no study done to determine how many guides# etc. wout.d use it from over the state. 3oeeph Reynolds spoke against the float plane basin. He stated that with the taxes rising and coot of the new schools in the area, he does not think that the economy could handle the cost -- too much spending. Mayor Wagoner stated that he felt there has been very poor reporting and information give out regarding this proposed project- The improvement funds can be used for only airport projects. Stated that there will be no revenue derived from taxpayers. Councilwoman Monfor spoke against the passage of the resolution. She feels that the resolution should be written as a two -pert resolution. She stated that she did not feel that the City should be spending any money from the improvement account now or the next year. She added that other projects coating over S1,000,000 have gone to the voters and this should too. She stated that she will not support a float plans basin until the economy has improved. Mr. Sibley oroke again urging that the vote be tmksng do the voters want to build the float plane basin for the cost of $A,000,000 or not. He asked Councilwoman Monfor if she would purposely put something on a ballot to have the people vote it down. Councilwoman Monfor answered that she felt the people of the City had a right to decide and know if, (a) they want the float plans basins (b) how much it would cost to build its and (a) what amount of revenue would be derived from it. -Mr-. Williams spoke again stetinn that he thinks that there is nothing wrong with making the people to vote on the project and believes that the question should be going to the people for *.vote. He added that funding may not be available later on. S ...a F Gladys Ruth stated that her concern is that the facts should be better presented for the vote. She agreed with Councilwoman Monfor in that all the facts.ehould be understood. She &eked who would maintaiq the basin if the grant monies end Waldo Coyle spoke again stating that he wee in favor of the question taken to the voters. He added that it should be re -written. He stated that one of the original concepts wee that the basin could be used as an emergency reservoir for water for firefighting use and asked if this concept wee still included. Councilmen Wise answered no. That running of that water through water pipes would contaminate the pipes. Mr. Coyle added that he thought that the concept should be explored and presented to the people for vote. Councilman Ackerly stated that he had no objections to changing the wording of the resolution. Councilwoman Bailie asked Airport Manager Ernst opinion of the use, etc. Mr. Ernst stated that in three years it would probably full with airplanes. But even if it were used to capecity, return on the money would be minimal. He added that he personally feels that the use of the money in the improvement fund should be used carefully. He thinks that there will probably be a new program -of the federal government but it could be two or three years before it is begun. He added that there are other coats involved in having the float plane basin -- FAA requires crash backup (bosta, etc* for removing crashed planes), requirements for safe operation. Space would be required for tie -downs, both in the water and out of the water. Councilmen Wise asked why the project could not be subsidized. Mr. Ernst answered that it would deplete the monies for other maintenance needs for the airport. Councilwoman Monfor suggested that the cost be removed from the 'question and just ask voters if they went the float plane basin. She added that she felt a feasibility study should is needed. Mr. Williams added that there is no complete study and that the airport people do not know what the costs will be. Correct information is needed. Mayor Wagoner added that he thinks that the whole discussion is premature. Mr. Jockman spoke stating that the Council should decide what direction they would like the City to do in. He has no problem with an advisory vote, but would like to see some real facts of what the cost will be. Feels that it would probably enhance the area and could be used as a staging area. Public Hearing closed. Discussion brought to Council. Councilman Measles stated that the concept of a float plans basin has been discussed for eleven years. He has no problem with the advisory vote but thinks that more information is required. He added that he thinks it is too early for such a vote. Councilman Hell stated that he agrees with Councilman Measles. He was not aware that the Council had decided to spend $4,0009000. He feel* that until the Council has a plan, the question should not be put on a ballot* if the public is to vote on such a question, the public needs more decisive information. �y - t (.tea.. ' 1 Councilman Wise commented that no one has committed to $2.9 million in costs. He feels that the float plane basin will enhance the area and would offer Jobe to the population and -° that the area does need the jobs. City Manager Brighton added that Mr. Ernst had information to be handed out with Item G-3 regarding airport improvements, and also an agenda for advertising, awarding :. '.. bidp beginning construction, etc. and a breakdown for - allocations of funds on the float plane basin. i`- Councilman Measles stated that based on hie feelings, he thinks the resolution should be voted down. He added that maybe at some time the scope of the work would be put together and then there would be solid facts to take to the voters. He does not feel that there is enough time during the meeting tonight to amend the resolution to go on the October ballot and he assumes that it would be too late if �-- _ -- - - - the amended resolution would be acted upon at the September-Y meeting. Councilwoman Monfor added that she still supports �- putting the question on the ballot for an advisory vote. Mayor Wagoner directed Clerk to call the roll. Votes were six "no" and one "yes." MOTION FAILED. A SHORT RECESS WAS TAKEN. MAYOR WAGONER RETURNED MEETING TO ORDER. D. MINUTES D-1 Regular Council Meeting Minutes of August 6, 1986. Keith Kornelis, Public Works Director, recommended that any amendment be made to the Council Meeting Minutes of August 6, 1986 on Page 11, Item C, line 90 should read ""Mr. Kornelis explained, Louisiana schedule was put in because he was told retainage was not done in the Lower 48." Pee 11, Item Cl line 18 should read, 1110% is retained until it is 50% complete. This 10% of the 50% is kept until 95% „,, . ,"y. ,-•__: , of the project is completed, at which time the retainage is reduced to IS of the amount completed. This 2% of the total is kept for 90 days after completion." MOTIONS _ Councilwoman Bailie MOVED for acceptance of the minutes as amended and Councilman Ackerly SECONDED the motion. Councilman Wise requested unanimous consent. There were no objections. ORDERED._-rrat�_' E. CORRESPONDENCE There was no correspondence. F. OLD BUSINESS There was no old business. G. NEW: BUSINESS ':.: � .��•=:- ' G-1 Bills to be Paid, Bill* to be Ratified. MOTIO.Nt, Councilmen Ackerly MOVED to pay bills under f1,00O and Councilman Hall SECONDED the motion. f, r- Councilman Wise MOVED to add purchase order to HEA and Councilmen Ackerly requested unanimous consent. Finance Director stated that the HEA purchase order should be under G-2. Councilman Wise withdrew his motion. There were no objections to the request for unanimous consent. ORDERED. G-2 Requisitions Exceeding $1,000. MOTION: Councilman Ackerly MOVED for approval of requisitions over $1,000 and amended by adding purchase order to HEA. Councilwoman Monfor SECONDED the motion. Councilmen Wise had a question regarding the amount going to Harley's Trucking. Mr. Kornelis explained that the payment was for a cost overrun, however, the original amount was twice as much. They negotieted the figure down. Councilman Ackerly requested unanimous consent. There were no objections. ORDERED. G-3 Ordinance 1162-86 - Increase Revenue and Appropriations - Airport Sefet tone, General Aviation Tiedown, Taxiway Improvements - 653,000. Approved by Consent Agenda. G-4 Ordinance 1163-86 - Increase Revenues and Appropriations, New Street Lights - $909000. Approved by Consent Agenda. G-5 Vacation - Lowry/Partee - Sprucewood Road MOTIONS Councilmen Wise MOVED for approval of the vacation and Councilwomen Monfor SECONDED the motion. Clerk celled roll. PASSED UNANIMOUSLY. G-6 Partial Rescission and Release - P. Evans - CIIAP. MOTIONs Councilman Wise MOVED for approval of the partial rescission and release and Councilmen Measles SECONDED the motion. Councilwoman Monfor requested unanimous consent. Discussions Councilmen Ackerly asked if Mr. Evens is current in his payments. City Manager stated that administration would suggest that the Council approve the rescission conditioned upon Mr. Evans being current with payments. MOTIONS Councilmen Ackerly MOVED to emend the motion conditioning the partial rescission and release upon payments being current. Councilman Wise SECONDED the motion. Councilman Ackerly requested unanimous consent. There were no objections. ORDERED. Action "on .the main motions There was -no discuoeion. Unanimous consent was requested. No objections to unanimous consent. 80 ORDERED. 8 5 0 G-7 Extension of Construction Schedule - Pitts - FBO Subdivision. MOTIONS Councilman Wise MOVED for approval of the extension of the construction schedule and Councilman Measles SECONDED the motion. Councilwoman Monfor requested unanimous consent. Discussion on the item: Councilman Ackerly asked if Mr. Pitts is current on his payments. Finance Director Brown answered "yes." Mayor Wagoner stated that Mr. Pitts has already done development on part of the property (on two lots). G-8 Extension of Construction Schedule - O'Connell/Swarner - Kenai Municipal Reserve Subdivision. MOTIONS Councilman Wise MOVED for approval of the extension of the construction schedule and Councilwoman Monfor SECONDED the motion and requested unanimous consent. Discussion: Councilmen Wise asked if O'Connell/jwarner are current in their payments. Answer: Yee. Mayor Wagoner asked if there were any objections to request for unanimous consent. There were none. ORDERED. G-9 Discussion - Amendments to 1986 Municipal Capital Grants. MOTIONS Councilman Ackerly MOVED the City signs the amendment dealing with the 1966 municipal grants and Councilwoman Bailie SECONDED the motion. Councilwoman Monfor requested unanimous consent. There were no objections. ORDERED. G-10 Discussion - Carmen Gintoli - Liability Insurance. A letter from Mr. Gintoli was included in the packet informing the Council that he is unable to purchase the professional liability insurance that is required by his contract for services on the FAA Flight Service Station. Mr. Gintoli was in attendance to answer any questions the Council had. Atty. Rogers stated that if Counci' and Mayor went Administration to modify the contract and bring back to Council, it is the only way to release Mr. Gintoli, legallyp from obtaining liability insurance. MOT ION e Councilmen Wise MOVED to have Administration prepare such an amendment and Councilwoman Bailie SECONDED the motion. Discussione Councilman Wise would like Administration to inform Council of what it would cost the City to cancel the contract and obtain someone else to do the inspection portion of the contract (only part left to do). Mr. Wise balieves.the cost would be more to have someone else with. the requirements to do the inspection, but feels it -is 'important for the Council to aware of the difference. Councilmsn'Ackerly asked if the notification of no.liability insurencs'from Mr. Gintols effects the contract the Council approved with Mr. Gintoli at this meeting in regard to the 9 7 a 4 East Entry Triangle Park. Attorney Rogers stated that the Council has been asked piece -meal for reduction of insurance requirements. He expects that there will be others requesting reductions oleo. Councilwoman Bailie commented that in Mr. Gintoli's letter he stated that his cost for insurance will be lees this year then last year. Mr. Gintoli stated that to apply for the insurance he must project income for the year. Insurance company bases amount of premium on amount of contracts. Mr. Gintoli stated that hiring another architect would not help as another architect would not insure Mr. Gintoli'e drawings. He suggested an alternative that he would work through Wm. J. Nelson A Associates. Does not know about legality of this alternative. Attorney Rogers commented that it is not a question of legality, if Council wants to amend the contract by removing the insurance requirements, he can do that. Mr. Gintoli added that if he acquires more contracts, he will be getting insurance if he can afford to buy it. Mayor Wagoner asked for motion to table until next meeting. Councilman Ackerly reminded Mayor Wagoner that there was a motion on the floor asking that an amended contract be prepared and brought back to Council at next meeting. Councilman Ackerly requested unanimous consent. There were no objections. ORDERED. G-11 Discussion - Classification Study - Work Session. Council set a work session for Wednesday, Auguat 279 1986 at 6:00 P.M. H. REPORTS H-1 City Manager. There was no report. Councilwoman Bailie asked about progress with Fred Meyer. Mr. Brighton answered that there were representatives of Fred Meyer in town for about four hours last week and he took them for a drive around town. Mr. Brighton stated that they were very positive about building and they indicated that they made a mistake about holding off on building. Mr. Brighton expects to hear from Fred Meyer real soon and thinks that the discussion will very positive. Councilwoman Bailie commented that have not Fred Meyer requested an extension on construction and asked when does some decision need to be made on this. Mr. Brighton answered their contract requires a completion date in 1987 so is not real urgent. Mr. Brighton added that he will research the lease and bring back to Council at next meeting if very urgent. Councilman Wise asked if the date on Candlelight Drive has gone out to people. Mr. Brown answered that it was sent to Mr. John Williams and to Mr. Wine as they were the only ones requesting the information* information was real otethisntime andeheiis not intthe poen sition to prned epare the ssopis formal preliminary assessment list. Councilwoman Bailie asked about the plant experimentation site by bell fields. Mr. Brighton answered that in the last packet there was a letter from the Extension Service that 10 J 1 4 said that they were preparing to utilize the plot next year, but plane had not been finalised. Councilwoman Bailie commented that if they are not going to be using the site it would be a possible place foe a camper perk. Mayor Wagoner suggested that the Council direct �. administration to write the Extension Service and request a written plan for use of the site for next year. Mr. Brighton added that the Extension Service mentioned in their letter that they do went to use the site next year, but he will write to them to encourage a quick reply of what there.°f�: plan is for the site. H-2 City Attorney. Attorney Rogers presented Councilman Wise (upon a prior request of all information be given to him concerning this case) with a copy of another brief regarding the APUC a litigation. Also in the packet was a memorandum to the Council regarding lease renegotiations. Mr. Rogers passed out to the Councilmembers a copy of a letter that he has prepared for Janet Whelan regarding the conflict -of -interest statement late filings. He oleo had available copies for Mr. Williams, Mr. Sibley, Mr. Osborne -� and Mr. McComsey. The letters were available for them at that time, or he will have them mailed. Mr. Rogers _ commented that the letter indicates his decision relevant to ? that and that it is not a matter for which the Council must make a determination. -� Councilman Ackerly thanked the attorney for the memorandum in the packet regarding conflict of interest. _._-u; _._; 3 Councilman Wise commented that he did not understand what the attorney was saying about the APOC disqualification. Mr. Rogers stated that the information we in the letter. ' He spent three days condensing and researching the law. He ,4 also added that he had concurrence with the Attorney _ ay4 General's office, the person who is assigned to APOC. Mayor Wagoner added that it is basically out of the Council's hands. it is a ruling on the attorney'• j interpretation of the State law. Mr. Rogers stated that if the Council had any questions to call him tomorrow, this will avoid talking with prospective candidstee, so not to _ -..__.._. - - give appearance of favoritism or impropriety. <, N;-fY Mayor Report. There was no report. City Clerk. There use no report. -r ;v,;, 66 Planning A Zoning Commission Report. �r„ There was no report, however minutes were included in the packet. N,e-7 Harbor Commission Report. John Williams mode comments regarding the letter included in the packets Item 0-2, which is what Mr. Sather was to have. discussed with the Council at this meeting. Mr, Wili.iamo reminded the Council that there are other points with regard. to the dock facility which will be beneficial to the Gress such as enlarging parking area# a Coast Guard approved refueling facility on the river, etc. 11 N r-B Recreation Commission Report. There was no report. N e-9 Library Commission. There was no report. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (S Minutes) Mr, John Williams commented on the letter addressed to Janet Whelan that Attorney Rogers had handed out earlier. He stated that he had already spoken with the APOC and they told him that they would take a "hands off" attitude toward the candidacy question. He has had long discussions with his attorney and his opinion is that Mr. Williams would have a very winable situation. Mr. Williams reminded the Council that if he would prevail, the City would bear the cost of the litigation. Mr. Clarence Ladd commented to the Council that the brush had not been cleared at the Senior Center to the extent as they had requested. He remarked also that planting grass along Cook Avenue was nice, but it did not leave enough area for parking during the weekende. Mr. Coyle asked the Council if there had been a decisions as to what amounts were available for the upgrading of Barabare, Ames, etc. Can it be moved off the table? Mayor Wagoner answered that there wee no material in the packet regarding this and that it will be put in the packet for the next meeting. Mr. Coyle also commented that public office filing procedures should be checked. He was upset that citizens would be barred from running for office because of not filing a conflict -of -interest statement. Mayor Wagoner asked if there were any questions. There were none. Comments from Council began with Councilman Ackerly. Mr. Ackerly commented that he thought that Eneter agreed to keep their office in Kenai. Mayor Wagoner answered no, that they decided not to stay in Kenai. Councilman Ackerly added in regard to the conflict -of -interest statements, that there had been a vole by the people of the City on a ballot year ago that the City would require conflict -of -interest statements in compliance with APOC. This is something that could be put back on the ballot. Councilwoman Bailie commented that she thought it would be beneficial to have advertisements in the paper, etc* at. different times of the year (a perspective) which would inform the citizens whet projects are going on, which ones are projected to be done, cost of projects, prospective projects., projects scanmpiished, etc. Councilwoman Monfor asked if the sign in front of the bowling alley was legal? Also the road in front of,Ft. Keney is in bad repair. I. A03OURNNENT Meeting adjourned at 10s10 p.m. CWJNCS 12 �►6