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HomeMy WebLinkAbout1986-11-19 Council Minutes•'P - • r ''� A .. � ._- it �{ d` � �_T,�t _--:A r � �.�1L — AGENDA n KENAI CITY COUNCIL - REGULAR MEETING NOVENBER 199 1986 - 7000 PN m PLEDGE OF ALLEGIANCE V •a A. ROLL CALL':: 1. Agenda Approval " 44 oo.t 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 ^a� separate discussion of these items unless a Council - member so requsets, 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. :? 8. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - Ten Minutes Per Person) C. PUBLIC HEARING8 ;x 1. Ordinance 1169-86 - Amending KMC; Acting City Attorney. 2. Ordinance 1171-86 - Amending KMC; Off -Road Operations of Motor Vehicles. " 3. Ordinance 1172-86 - Amending KMC; Establishing New Employee Classifications. 4. Ordinance 1173-06 - Amending KMC; Change Pay Range of Librarian and Title and Pay Range of Senior Citizen , • ,: " a:.`r Coordinator.-- 5. Ordinance 1174-86 - Amending KMC; State Statutory Requirements Regarding Foreclosure of Assessment Liens. 6. Ordinance 1175-86 - Increasing Estimated Revenues/Appropriations by $740,013.77 in 3uliuseen, Basin View, Ames, Angler, Dolchok & Berebera CapitalProject 7. Fund. Ordinance 1176-86 - Inoreasingg Estimated Revenues/Appropriations by $11,500 in Street Department From federal Revenue Sharing Funds.S. Resolution 66-107 - Accepting Deed of Release From ' A FAA/Tract 89 FBO Subdivision No. 3. 9. Resolution 86-106 - Transfer of Nonies in Robin, _ = Kensitze, Eagle Rook Capital Project; $13t606- 6 ,: 10. * Application for Liquor License Renewal - Eadie'e Frontier Liquors. M� - p. . •'. -1 .. o .. - . --- - -.. - f ':ice n — o , f D. MINUTES I. Regular Meeting, November 5, 1986 Not available } from Clerk's Office 11/14/86 + E. CORRESPONDENCE V# JJ F. OLD BUSINESS . O G. NEV BUSINESS - 1. Bills to be Paid, Bills to be Ratified- ` 2. Requisitions Exceeding $1,O0O ti"^ 3. a. Cook Inlet View Drive do Lilac Lane, Change Order b. Final Pay Estimate 4. a. South Spruce, Change Order No. 1. r - b. Final Pay Estimate o �. 5. Robin, Kensitse, Eagle Rock Capital Projectq Final Pay Estimate. 6. Discussion - Commiesione/Legislatorsi Schedule Meeting. -°:- 7. Discussion - City Purchases From Councilmembers. r, S. Discussion - Approval of Assignment of Lease/Hertz n Corporation to Jove Enterprises, Airport Terminal.: H. REPORTS 1. City Manager 7 - 2. City Attorney 3. Mayor 4. City Clerk - 5. Finance Director 6. Planning & toning 7. Harbor Commission S. Recreation Commission _ 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - Five Minutes Per Person) t•. AD30URNMENT .,� .' W • , f' z. d :.Ni = it u. ' •,' a ...:.. .. v ... .. Wes_ 1 .- - 1 - - - , •, .• - 1-0 KENAI CITY COUNCIL - REGULAR MEETING - MINUTES NOVEMBER 190 19960 7100 PM KENAI CITY HALL MAYOR JOHN WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Art McComsey, Ray Measles, Chris Monfor, John Bailie John Williams, Tom Ackerly, Sally Absent: None A-1 Agenda Approval a. Mayor Williams asked that item B-1 be added, Dr. Davidhizer - Water & Sewer Fees b. Mayor Williams asked that item B-2 be added, George Wright - Sewer Line Extension a. Mayor Williams asked that Res. 86-109 (Supporting Issuance of Off -Shore Prospecting Permits in Cook Inlet), distributed this date, be added as item C-11. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilwoman Bailie moved, seconded by Councilman McComsey, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Dr. Davidhizer - Water & Sewer Fees Dr. Davidhizer explained, his water bill was 8180 for the lot month in his new building. He put a meter in. After it was put in, the charge was 829 per month. He had asked to have the $180 adjusted, and was told he could not. He is sure others have had the same problem. The original charge is way out of line. He asked Council to review the way fees are decided on when there is no meter and asked if his past bill could be rectified. He added, he is using more water now than he did before he had the meter. Mayor Williams asked, how many months did he pay the $180 bill? Dr. Davidhizer replied, he has not paid it yet. The bill is close to $600 now, the City has threatened to turn the water off. Finance Director Brown explained, there is nothing he ohn do. Mayor Williams said this is a recent problem in the City. Businesses have been adjusted higher. without violating the intent of the Code, there is nothing we can -do. Finance Director Brown explained, in the past year the water & sewer billing girl has gone through all commercial customers in the City. A lot were not paying business rates. 9 KENAI CITY COUNCIL NOVEMBER 19, 1986 PAGE 2 That is why they went up. When they put meters in, it brought it back down. Councilman McComsey suggested when a new business comes in they could be told about the meter so they are not stuck with a big bill and then put in a meter. Dr. Davidhizer said when he received notice he had to put a water meter in, he assumed when that was done he would have an adjustment in the bill. The idea of a set fee without a meter is to estimate the amount used. if the estimate is way out of line, the system should be changed. The City is not intending to charge exorbitant fees* it is happening in his case and he assumed in others. Councilwoman Monfor said she worked for the water utility in Anchorage. They were set rates. it was the responsibility of the user to know the rates when they sign up for service. They should not come back to Council. Councilwoman Bailie asked, when they speak of rate per rooms, is that a prerequisite? Mr. Brown replied, there is a list of charges and it is broken down. Dr. Davidhizer asked, who is responsible for this ordinance? He talked to the City, they said they could not do anything. Now Council says they cannot do anything. That means it is forever. Councilman wise explained Council is responsible for the ordinance. We do not require meters because they are expensive. But because of the cost to the community to do it, Council provided the option of flat or metered rate. We have had complaints in the past, if there are many complaints we could change the criteria. Mayor Williams said there is an inequity here. The building dept. does not notify the builder or remodeler regarding water meters. The builder, unless he takes it over himself, does not have any idea there are 2 ways to go. Then after paying many months or years, the owner finds himself paying a large amount and is told he can put in a meter. We cannot create an ordinance for a small group or one person. Is there any way to alleviate this in the future? City Manager Brighton replied, the Code could be amended. Mayor Williams asked how many more of these are there? Mr. Brown replied, not many. He explained, Acet. Tech. Billings has gone through all the billings, they have all been corrected. This is a new business coming in. Dr. Davidhizer was advised a meter may be the way to go. They have about one new business a month. This is not a vast problem. Councilwoman Monfor asked, when the 2 new fast food restaurants came in, did %;hey inquire regarding meters? Acct. Tech. Billings •replied, they looked into it. McDonalds has installed a meter. She gave them a copy of the ordinance. They will have one of each and decide after a time. Counc:.I agreed to direct Administration to handle this. Mr. Brown explained, he will give Dr. Davidhizer till Nov. 20 to settle. B-2 George Wright - sewer Line Extension Mr. Wright said in August he quoted $6,427 for 60 ft. of sewer on E. Aliak. When they put it in it was 14 ft. more than the City said it would be. He would like to be paid for the extra 14 ft. Engineer LaShot has denied his request. The sewer line as -built is 10 ft. away from what is stated. The City purchased 60 ft. of sewer line, they did not know they were short. Mr. Wright received a copy of the memo from Engineer uAbot at this time. Mayor Williams suggested Mr. Wright submit a written request to Administration, based oa the memo. Mr. Wright agreed. C. PUBLIC HEARINGS C-1 Ord. 1169-86 - Amend. KMC - Acting City Attorney '4y o U • . _. �Sh ---- -- .4�s 9­ UNAI !CITY COUNCIL NOVEMBER 19t 1986 BADE 3 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed by unanimous consent- -A C-2 Ord. 1171-86 - Amend. KMC - Off -Road Operations of Motor vehicles NOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENT: Police Chief Ross asked Council to table the ordinance. If the intent of the Beautification Comm. is to totally ,r: ban them, there are still sections that are inconsistent. if the intent is to only ban from improved rights of way, there are also amendments that - should be made. Councilwoman Bailie asked if the comments could be submitted to the Beautification Comm. on Nov. 25. MOTION, Tables R� Councilman Measles moved, seconded by Councilman Ackerly, to table the ordinance till Dec. 3 meeting. '• .t Motion passed by unanimous consent. C-3 Ord. 1172-86 - Amend. KMC - Establishing New Employee Classifications -Fly - MOTION: -` Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. There was no public comment. T. T Motion passed by unanimous consent. C-4 Ord. 1173-86 - Amend. KMC - Change Pay Range of Librarian and Title & Pay Range of Senior Citizen Coordinator_ MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. - t-= _ There was.'no public comments:: MOTION& Tables -, Councilman McComeey moved seconded by Councilman Ackerlyt to table the ordinance and request review by the.City Manager and have the City Manager take issue during the next budget session.-r VOTE, Table Wailed)$ - ` ------------ KENAI CITY COUNCIL -' NOVEMBER 19, 1986 J+ PAGE 4 L Yes: McComsey, Williams No: Measles, Monfor, Wise, Ackerly, Bailie f councilman Measles said he had a problem with elevating the positions, he did not think they are being compared in a proper manner. The study was a waste of money and employee's time. There is not any city in Alaska that treats their positions this way. Councilwoman Bailie c_o. disagreed, stating we got more than our money's worth. If we only use the job description it was worth it. These 2 have been looked at for 3 budget sessions. They are the only 2 that deal with volunteers. The :t library has 39 volunteers, the senior center has 45. Af Regarding social services, they deal with more of the public than any other department. They are listed as --.--� department heads in the Code, they are the only 2 that are not paid at a 17 range. In responsibility they are equal to Barks & Rec director. All 3 fall under the listing of social services. This is long overdue. `= Councilman McComsey said the study said there should be others raised also. we should follow the whole study ' or throw it all out. it should be decided at budget w time. Councilwoman Bailie said Council makes these -: decisions. The reason the study was done was because of these 2 positions. it was suggested we have an ; outside source review the job positions. There were other positions that should be raised, these should be reviewed at budget time. But to make these 2 wait almost a year because we cannot make up our mind is unfair. if we get a new employee in the City, we have nothing to compare it to. We could not agree on these 2 at budget time and the study was started. Council -+ has a unanimous vote to look into the study and not throw it all out. Mayor Williams asked, what was the cost of the study? Answer - $14,000. --- VOTE (Passed): 'r Yes: Monfor, Wise, Ackerly, Bailie _. No: McComsey, Measles, Williams I'm C-S Ord. 1174-86 - Amend. KMC - State Statutory s; 9 Requirements Regarding Foreclosure of Assessment Liens J MOTION: Councilman Ackerly moved, seconded by Councilwoman - - ----.— Bailie, to adopt the ordinance. - -1 There was no public comment. Motion passed unanimously by roil call vote. C-6 Ord. 1175-86 - Incroas. Rev/Appns - Juliussen, Basin View, Ames, Angler, Dolchok, Barabara - $740,01 . MOTIONS a Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. VUBUC O."0 s a. Wands Nickel, Barabara Dr., Kenai. she asked that -` Barabara be exempted from the ordinance. 1) The -= road they have is adequate. They do not have a - `y•.. maintenance problem. There are a lot of streets r, ..J - r' KENAI CITY COUNCIL NOVEMBER 19, 1986 PAGE 5 in the City that need improvement. 2) it would be a real crime to remove the old growth spruce along the road. 3) If they Chose option M1, some of her neighbors would lose their front yard to their door steps. She would lose her septic tank and usable property. She has many children on the road and now has a grandchild. It will be used for a thorough fare (if it was improved). The money could be well -spent elsewhere. The majority do not want it changed. b. Public Works Director Kornelis. He held a work session Nov. 17. He reviewed the material distributed this date. He added, most of the people were there. Paving with an LID was discussed, 50% City and 50% residents. There was some interest. c. Ruby Coyle, Barbara Dr., Kenai. She should have listed her choice of options as N1. The way her property lies, the property on their side is 2 lots there. Barbara would be access for the east side and their development. A 20 ft. road from that point on would be necessary, but from there to Beaver Loop should be 24 ft. wide. The City has a 30 ft. radius with 60 ft. easement, that is contrary to Borough and City ordinance. The 60 ft. exception would apply to Hetts and Giffords. She would not be opposed to option N2 or N3 except if the City puts in 30 ft. right-of-way at Netts, she requested a size variance at the cul-de-sac north of Hetts so if she subdivides they will not be ruled against the subdivision ordinance. d. Loretta Breeden, Barabara Dr., Kenai. He son was unable to attend the Nov. 17 meeting or this meeting. But he and his wife agree with option N2. No improvements is the best way to go when money is short. She would be willing to compromise using option N2. She talked with the Borough regarding Mr. Kornelis' statement that the City could do what it wished. If the City is going to come all the way down, she would like to disband her lot N4 and put it back to homestead. She will not sell. She asked the Council to compromise. e. Gordon Gifford, Barabara Dr., Kenai. He asked if there was any way to got a variance so tors. Coyle could get what she wanted. Mr. Kornelis replied, if the developer wants to develop, they go to the Borough to plat and set up rules of the subdivision. There are no roads in the right-of-way. The Borough does not look at our roads, etc, they just look at plate. Mr. Gifford said if Mrs. Breeden pulls her lot back, he will lose his front yard. They have a compromise worked out. Kra. Coyle read the City code dealing with subdivisions. The Courts may establish if access is allotted. A dead end street shall not exceed 1000 ft. Mayor Williams asked, what is the length of Barabara? Answer - over 1000 ft. Mrs. Coyle said if you put it in there so it will not bother her when she subdivides, it will not be illegal for 30 ft. radius. Mr. Kornelis replied, they are not planning on platting. There is no way they can get 50 ft., radius without condemning right-of-way. The Borough does not have criteria for setting up roads. Councilman Ackerly asked, why can't we put in 30 ft. cul-de-sac? Mr. Kornelis replied he thought we could. If we were : .4 o 'n KENAI CITY COUNCIL NOVEMBER 19. 1986 PAGE 6 going in and it was all on one lot we would have to go to the Borough. Councilman Ackerly said option #2 would not affect Mr. Gifford. If Mrs. Breeden changed her lot, how would it affect Mr. Gifford? Mr. Gifford replied, if Mrs. Coyle is afraid the 30 ft. cul-de-sac will prevent her from subdividing, she will push for an alternate, Mrs. Breeden will pull in her lot and the cul-de-sac will be in his lot. He is asking that Mrs. Coyle not be penalized later. Mrs. Coyle explained, a dead end street shall terminate in open space. It is not a dead end at Hetts. The City is planning to not put it at a dead end. This is in violation of Borough and City ordinance. A cul-de-sac will be at the end of a road. You will need a variance to put in 30 ft. Councilman Ackerly asked, what if you do not have a cul-de-sac? Mr. Kornelis replied, it will not make any difference. A cul-de-sac is just a turnaround. We should! turn around in public property. Mrs. Breeden said she talked to the Borough planner, the City can put a cul-de-sac where they want. The majority of people (on Barabara) say if you want improvements, they want option N2. The Borough says unless you re -plat it does not matter. MOTION, Suspension of Rules: Councilman Wise moved, seconded by Councilman McComsey, to suspend the rules to address the options. Motion passed by unanimous consent. BARABARA DRIVE & OPTIONS: MOTION: Councilman Wise moved, seconded by Councilman Ackerly, to instruct Administration to proceed with design of Barabara to the scope of option N2 as presented. Councilwoman Monfor commended the residents of Barabara for the compromise. Councilwoman Bailie reiterated Mrs. Coyle's statement, "if you don't treat them all the same, you are in trouble." She added, Council decided road improvements would be by 50% of the residents. More than 50% of Barabara Dr. residents have said they do not .rant it, but if you have to do something, do option N2• There are no problems with the road. We have seen 3 vehicles side by side on the road. We have families that would lose their septic systems. We are insisting on a compromise. Are we as a Council going to have to sit as a compromise on all issues? We have roads that need much work. For us to do other than signs on this road, it it foolish. Mrs. Coyle explained, she did not say treat everybody the same. She said according to regulations, if you do not follow the Code, you are in deep trouble. A dead end street will have a cul-de-sac at the end and the road will not go through. If you do not want option N2 or N3, leave it like it is. You can get a variance. f. Tammy Miller, Kenai. she does not live on Barabara. This is a question of semantics. They ittwould neverabe on to �1 reason.If the so City called it anything but a cul-de-sac, it would a r?�T nt KSNAI CYR'Y COUNCIL NOVEMER 19, 1986 PAGE 7 solve all problems. She asked if Ames will be done. Mayor Williams replied, the question was out of order. Councilwoman Bailie said in this type of situation, they will have to move the septic system. Has this happened before? Mr. Kornelis replied he was not aware of this problem. We have have required people to move, there have been instances where we moved a fence. But at this point we have not incurred any costs. We need to look at this septic system and see if there is a danger to the public with it in a right-of-way. Mayor Williams asked if Nickels are acting as agents or owners of the property. Mr. Nickel replied they are leasing and have power of attorney. Mayor Williams asked that this be placed on file with the legal dept. VOTE, Option 82 (Passed): Yes: Monfor, Wise, Williams, Ackerly No: Mccomsey, Measles, Bailie VOTE, Ordinance: Motion passed unanimously by roll call vote. C-7 Ord. 1176-06 - Increas. Rev/Appns - Streets, Federal Revenue Sharing - $11,500 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. VOTE (Passed): yes: McComsey, Measles, Monfor, Williams, Ackerly, Bailie No: Wise C-8 Res. 86-107 - Accepting Deed of Release from FAA - FBO S/D MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-9 Res. 86-108 - Transf. of Funds - Robin, Kenaitee, Eagle Rock - $13,606 !�(OTION: Councilwoman Kantor moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no pUbi.io comment. Motion passed by unanimous consent. -- 0 V.-- I( KENAI CITY COUNCIL f NOVEMBER 19, 1986 j PAGE 8 C-10 Application for Liquor License - Eadle's Frontier Liquors Approved by Consent Agenda. C-1.1 Res. 86-109 ;,Supporting Issuance of Off -Shore Prospecting Permits in Cook Inlet MOTION$ Councilman Measles moved, seconded by Councilwoman Monfort to adopt the resolution. MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Bailie, to amend the resolution to make technical corrections: 2nd WHEREAS, line 3, add "Kenai" after "in the"s 7th -°l WHEREAS, line 1, add "Kenai Peninsula Borough" before _ _ T.- "Resource Development" and after "and the." VOTE, Amendment: Motion passed by unanimous consent. ,. VOTE, Main Motion as Amended: Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, Nov. 5, 1986 Not available. Be CORRESPONDENCE ri None . F. OLD BUSINESS G 1 None .....: 0. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION s Councilman Mccomsey moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Notion passed by unanimous consent.' 0-2 Requisitions Exceeding 81,000 MOTION, ° "f Councilman Measles moved. seconded by Councilwoman _ bailie, to approve the requisitions with the addition of NC Machinery tS, 4001 and NC Machinery l d2.7621 distributed this date. Notion passed by unanimous consent. _ ......_ erg'-: . G-3s Cook. Inlet View Dr./Lilac - Change Order .M2 KENAI CITY COUNCIL NOVEMBER 19, 1966 PAGE 9 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the change order. Public Works Director Kornelis explained, this was based on practices. The quantities were made before construction and were estimates. There were some under -runs and some over -runs. Motion passed by unanimous consent- G-3b final Pay Estimate MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to approve the pay estimate. Motion passed by unanimous consent. Mayor Williams asked, when was the 10-1/2% rate established (retainage)? Finance Director Brown replied, 4 weeks ago. Atty. Rogers explained, we could litigate this but did not. There may be future litigation. The Assoc. of Contractors established it. He argued for 3 years and prevailed. it is State statute. Finance Director Brown added, only Alaska municipalities have to pay this. Atty. Rogers added, there have been different opinions by different Asst. Atty. Generals. G-4a S. spruce - Change Order N1 MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the change girder. Motion passed by unanimoue consent. G-4b Final Pay Estimate MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to approve the pay estimate. Motion passed by unanimous consent. 0-5 Robin, Kenaitse, Eagle Rock - Final Pay Estimate MOTION: Councilwoman Bailie moved, seconded by Councilman Wise, to approve the pay estimate. Motion passed by unanimous consent. G-6 Disc. - Commissions/Legislators Meeting Council agreed to discuss this item under the Mayor's report. 0-7 Disc. - City Purchases from Councilmembers KENAI CITY COUNCIL NOVEMBER 19, 1966 PAGE 10 Mayor Williams explained, there is some interest by members of Council who have done business with the City in the pest. It is suggested we review and possibly change the Code. MOTION= Councilman Wise moved, seconded by Councilwoman Monfor, that Administration draft an ordinance regarding a $500 exemption. Atty. Rogers asked if this was to authorize sales, contracts or purchase of not more than $500. Also, were there to be any checks on it? Councilman Wise suggested a draft be brought to Council for review. Council agreed to the suggestion. MOTION, Withdraw: Councilman wise, with consent of second, withdrew his motion. 0-8 Assign. of Lease - Hertz to Jova Enterprises - Airport Terminal MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to grant the assignment contingent upon stipulations mentioned in the memo. Motion passed by unanimous consent. H. REPORTS H-1 city Manager City Manager Brighton spoke. a. He noted item Info N2 regarding the Native land on Ames Rd. The City has no right to enforce zoning laws on the property. b. He noted the newspaper article on Federal expenditures (item H-1). Of the $690 Million for Alaska, Kenai Peninsula got $1.25 Million for dredging Homer and Ninilchik harbors. He has met with the legislators and asked for $250,000 to move the FAA towers. we were overlooked. o. Council will tour the City facilities Nov. 22. The requested film will be shown at the Nov. 26 work session. H-2 Attorney Atty. Rogers reported he was in court in Sept. regarding zoning, in oat. regarding leases, this date regarding utility relocations. There have not been decisions on any. H-3 Mayor Mayor Williams.spoke. a. He will be preparing a request to the Pads for $500,000 to move the FAA towers and will hand -carry it. i a1 .. dlu. ,ld �: IR • 1 ALI KENAI CITY COUNCIL NOVENBER 19, 1986 — PAGE 11 b. The lot meeting of the Econ. Devel. Committee is Nov. 18. He brought back material from Municipal League for their review. c. Council will have to set a date to meet with the local legislators. The Legislature convenes Jan. 15. He suggested the week of Dec. 8 or Dec. 15. city Manager Brighton said he would talk with the legislators and report to Council'at the Nov. 22 tour. Councilwoman Bailie suggested a breakfast i d. meeting. He reminded Council of the Nov. 26 work session. }. - e. Regarding the gas company contract* it ends Jan. 1. It is necessary that the City take action on the contract. He requested the legal dept. prepare an up -date with background and suggested - changes. 1) The sale of Enstar to another b company, 2) Enstar has closed the local office they said they would keep open, 3) they have laid A. -A off employees of many years that are residents of the City, 4) there has been continuous use of spare parts and there is a serious shortage of spare parts. we are not getting the best deal the City could cut when we turned over to Enstar. He suggested it may be in the best interest of the u City to take over. He asked for a work session before the end of the contract. Councilwoman Monfor disagreed, noting when they closed the A; office she was the only one that complained. 3 Council members noted they had also complained. Councilwoman Monfor replied they told her she was G the only one and added, the City cannot afford to take over. Mayor Williams said there are several options. All can be marginally profitable and should be explored. The City owns vast quantities of gas, there are 5 sources available, the rate differences between Kenai and Soldotna are major. _ We can look at increases in the future if we �.. continue with this company. Atty. Rogers noted --------.. s Administration has proceeded pursuant to Council guidance. There are voluminous files of Administration and consultants. The last time Administration came to Council they asked if Council wanted to up -date the report, Council said no. Council was informed that time was running o.. out if we ware going to attempt to re -acquire. = Council directed not to proceed. For the City to come up to speed on this is physically impossible. of the There was a time frame during the validity contract by which notice had to be given. The �- City has spent $16,000 on the study. Council made =' a determination to consent to contract with the that even if they attempted to acquire probability it may fail or be in lengthy litigation. City - - Manager Brighton added, Council asked.. if there was a Administration to discover possibility of a gas supply at below market rates. They reviewed and reported to Council that they `Y could not. Mayor Williams asked to see if the -: time frame has passed and if there is a a possibility of making a contract. We do not have; ;nP the same compaay we had when it was sold, the City employees havr, been laid Off we are being served if .a, : from Texas. Councilman Measles suggested we are going to J�uy utilities we should look at the ._v. telephone company. They have moved out of the state. Mayor Williams noted we run the water 6:- - :T:--- sewer. Councilman Measles suggested a possible :LL KENAI CITY COUNCIL NOVEMBER 19, 1986 PAGE 12 conflict of interest. Mayor Williams replied# there is none. MOTION: Councilman Wise mcved, seconded by Councilman McComsey, that Administration develop a one page fact sheet regarding Kusco vis-a-vis Enstar and the City. City Manager Brighton suggested adding Sea Gull. VOTE (Passed): yea: mccomsey, Wise, Williams, Ackerly Not Measles, Monfor, Bailie f. Councilman Wise suggested the Economic Development Committee review the Comprehensive Plan. Council agreed to the suggestion. H-4 City Clerk Clerk Whelan asked that Council speak into their mikes so the audience can hear. H-5 Finance Director Finance Director Brown spoke. a. He noted the memo (H-5) regarding audit services. COUNCILMAN MEASLES LEFT AT THIS TIME (10:05 PM) b. Mayor Williams noted the f(md balance report (H-5). Some remain constant. is there any interest on these? Mr. Brown explained, there are no up -dates for operating accounts. This is only changed by appropriations Council has made. He closes the fund balance figures once a year. H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission None 1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Ruby Coyle, Barabara Dr., Kenai. Council has voted option A regarding aasabara Or. She asked that a variance be granted, or the City would be in conflict with the City Code, The City would be liable if they don't. b. Councilman Ackerly. The Roo. Commission nsads representatives. Mayor Williams.said he will make. recommendations before the and of the year. He ' u .tRit V '5 P-- i f KENAI CITY cols C� L NOVEMBER 19, iiv&G PAGE 13 noted there will be a meeting Nov. 21 in Anchorage for Anwar Coastal Plains - a* Councilwoman Monfor. What is the status on the carpet at the Senior Center? Program Director Porter said it was to be installed by Nov, 9. Public Works Director Kornelis said there was a factory problemf he will report. d. Councilwoman Monfor. What is the status on the carpet at the Recreation Center? Roo. Director McGillivray replied they are working on the specs. e. Councilwoman Monfor noted the Christmas decorations look nice. f. Councilwoman Monfor. Swires Rd. is in bad condition. city Manager Brighton replied it is being used for construction of the new school. The City portion is only one block. Councilwoman Monfor asked if we could contact the school district or the Borough. g. Councilwoman Monfor. As of Nov. 14, school enrollment is down 240 students and they are still building schools. City Manager Brighton replied, they will be built anyway. Mayor Williams noted this happened in Haines also. Councilwoman Monfor added, in Wasilla and Mat -Su. h. Councilman Wise. There are 6 street lights out on Spur. Public Works Director Kornelis replied, he will get to them as soon as possible. i. Councilwoman Bailie. What about the Airport Way lights? Public Works Director Kornelis replied, AirTech has the fixtures, we should have the poles by the end of the week. The decorations should be up by Thanksgiving. ADJOURNMENT: Meeting adjourned at 10:15 P.M. 7YJ Janet Whelan City Clerk "FF90VED By CMNCN; a�F6 DATi t31"r :M .v ..'S • % C 1 i '