HomeMy WebLinkAbout1985-02-20 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 20, 1985 - 7:00 PM
WORK SESSION - 6:30 PM
BOARD OF ADJUSTMENT - 7:00 PM
Appeal by E.R. Lowry - P&Z Decision Denying Variance
Permit - Sprucewood Glenn S/D
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
Orders.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
C. PUBLIC HEARINGS
1. Ordinance 1010-85 - Finding City Owned Lands Not
Required for Public Purpose - Evergreen S/D
Be Substitute
2. Ordinance 1011-85 - Finding City Owned Lands Not
Required for Public Purpose - Richka Creek S/D
of Substitute
3. Resolution 85-15 - Awarding Contract - Engineering
Design - Marathon Rd. Relocation - Dowling, Rice
4. Resolution 85-17 - Awarding Contract - Engineering
Design - Robin, Keneitze, Eagle Rock, Sandpiper, Tern,
S. Strawberry - Dowling, Rice
5. Resolution 85-18 - Awarding Contract - Engineering
Design - Cook Inlet View Dr., Lilac - Wince, Corthell,
Bryson
6. Resolution 85-19 - Awarding Ccitract - Engineering
Design - S. Spruce - Wince, Corthell, Bryson
7. Resolution 95-20 - Awarding Contract - Engineering
Design - Juliussen, Basin View, Ames, Bambara - Wince,
Corthell, Bryson
B. Resolution 85-21 - Transfer of Funds - Legislative
Misc. - $1,000
9. Resolution 85-22 - Establishing Public Use Easement -
Marathon Rd.
10. Resolution 85-23 - Cemetery Operations
D. MINUTES
1. *Regular Meeting, Feb. 6, 1985
E. CORRESPONDENCE
1. *Borough Mayor Thompson - Solid Waste Committee
Appointment
2. *Rep. Andre Marrou - C&RA Housing Loans
3. *Kachemak Bay Visitors & Convention Assn. -
Borough "Bed" Tax
F.
OLD
BUSINESS
1.
Purchase of Dens'ina Pt. Estates S/0, Tracts A,P.,C by
D. Brown
2.
Community Center Committee Resolution Regarding
Adjacent Lands
G.
NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
*Ordinance 1012-85 - Relinquishing Emergency
Communications Center Powers to Borough
4.
*Ordinarce 1013-85 - Amending Kenai Municipal Code -
Prohibiting Permanent Disposal of Drilling Materials,
Drilling Oil & Gaa
5.
*Ordinance 1014-85 - Increasing Rev/Appns - Ft. Kensy
Janitorial Services - $2,000
6.
*Ordinance 1015-85 - Increasing Rev/Appns - Survey &
Plat Cemetery - $109000
7.
*Ordinance 1016-85 - Amending Zoning Map - Shaginoff
S/D
S.
*Ordinance 1017-85 - Amending Zoning Code - Mobile
Homes do Mobile Home Parks
9.
*Ordinance 1018-85 - Amending Kenai Municipal Code -
Duties of P& Z
10.
Police Dept. Addition -
a. Change Order 02 - Discussion
b. Change Order 03 - Approval
11.
Discussion - Lawton Dr. Sidewalk
12.
Discussion - Council on Aging By -Lawn
H.
REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Planning & Zoning
7.
Harbor Commission
S.
Recreation Commission
9.
Library Commission
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL, REGULAR MEETING, MINUTLS
FEBRUARY 20, 1985, 7s00 P14
1 KENAI CITY ADMINISTRATION BUILDING
MAYOR TOM WAGONER PRESIDING
BOARD OF ADJUSTMENTS Appenl by E.R. Lowry - P&Z Decision
Denying Variance Permit - Sprucewood Glenn S/D
ROLL CALLS
Presents Ray Measles, Chris Monfor, John Wise, Tom Wagoner,
Tom Ackerly, Sally Bailie
Absents None
Councilman Hall arrived, 700 PM.
MOTIONS
Councilman Wise moved, seconded by Councilwoman Bailie, for
approval of the variance as requested, and all 3 criteria
appear to be met.
VOTE (Passed):
i
iYost Measles, Wise, Wagoner, Bailie
Nos Monfor, Ackerly
COUNCILMAN HALL ARRIVED, 7s10 PM.
i REGULAR COUNCIL MEETING.
A-1 Agr6da Approval.
a. Mayor Wagoner asked that Roger Meeks be added as item
B-1, Persons Present Scheduled to be Heard.
b. Mayor Wagoner asked that item C-10, Res. 85-23 be
deleted.
Council approved the agenda as changed.
A-2 Consent Agenda
MOTIONs
Councilman Wise moved, seconded by Councilman Measles, to
approve the Consent Agenda as submitted.
Councilwoman Monfor requested deleting item G-8, Grd.
1017-85 from the Consent Agenda.
Councilman Wise requested deleting item G-7, Ord. 1016-85
i
from the Consent Agenda.
Motion passed by unanimous consent.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Roger Meeks, Box 424, Kenai. He represented the old Kenai
Civic League. The Civic League was furined in 1950, an
entity was needed to procure the grounds uii the old
Community Center. It was disbanded in 1960, all assets were
turned over to the City. A notice in an Anchorage paper
last year showed approximately $500 was still in a dormant
i account. Some of the remaining members of the Civic League
j met and proposed a plaque honoring the League. It has been
suggested it be hung in the City Hall or the proposed
j Community Center. Mayor Wagoner suggested placing a ground
plaque in the park at the Time Saver location. Mr. Meeks
suggested a ground plaque in the park by the old Community
Center. The Civic league will work with the Clerk and come
back to Council with a proposal.
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KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 2
C-1 Ordinance 1010-65 - Finding City Owned Lands Not Required
for Public Purpose - Evergreen S/D
a. Substitute
MOTIONs
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the ordinance.
MOTION, Amendments
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the substitute ordinance.
There was no public comment.
VOTE (Passed)s
Yess Measles, Monfor, Wise, Ackerly, Bailie, Ackerly,
Bailie, Hall
Nos 'Wagoner
C-2 Ordinance 1011-85 - Finding City Owned Lands Not Required
for Public Purpose - Richka Creek S/D
a. Substitute
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the ordinance.
MOTION, Amendments
Councilman Wise moved, seconded by Councilmen Measles, to
adopt the substitute ordinance.
Motion passed by unanimnus consent.
MOTION, Amendments
Councilman Ackerly moved, seconded by Councilman Measles, to
amend the motion by deleting in Section 3, line 2, the words
"as provided for in KMC 22.05.040.
VOTE, Amendments
Motion passed unanimously by roll call vote.
There was no public comment.
VOTE, Main Motion As Amendeds
Motion passed unanimously by roll call vote.
C-3 Resolution 85-15 - Awarding Contract - Engineering Design -
Marathon Rd. Relocation - Dowling, Rice
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilman Ackerly moved, seconded by Councilwoman Hailie,
to amend the motion to award to Ocean Tech for $2,500.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 3
C-4 Resolution 85-17 - Awarding Contract - Engineering Design -
Robin, Kensitae, Eagle Rock, Sandpiper, Tern,S. Strawberry -
Dowling, Rice
MOTIONS
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilwoman Bailie moved, seconded by Councilman Ackerly,
to amend the motion to award to Ocean Tech for $13,500
VOTE, Amendment (Passed)s
Yost Measles, Monfor, Wagoner, Ackerly, Bailie, Hall
No s Wise
C-5 Resolution 85-16 - Awarding Contract - Engineering Design -
Cook Inlet View Or., Lilac - Wince, Corthell, Bryson
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilwoman Bailie moved, seconded by Councilman Ackerly,
to amend the motion to award to Ocean Tech for $11,500.
Councilman Wise said he did not feel the company could do
the work for lass money.
VOTE, Amendment (Passed)s
Yess Measles, Monfor, Wagoner, Ackerly, Bailie, Hall
Nos Wise
C -6 Resolution 85-19 - Awarding Contract - Engineering Design -
S. Spruce - Wince, Corthell, Bryson
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There Has no public comment.
MOTION, Amendments
Councilwoman Bailie moved, seconded by Councilman Measles,
to amend the motion to award to Ocean Tech for $7,000.
POINT OF OROERs
Councilman Wise noted the main motions as amended were not
voted on for item C-4 and C-5.
VOTE, C-4 - Main Motion as Amended (Passed)s
Yeas Measles, Monfor, Wagoner, Ackerly, Bailie, Hall
Nos Wise
KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 4
VOTE, C-5 - Main Motion so Amended (Passed)s
Yeas Measles, Monfort Wagoner, Ackerly, Bailie, Hall
Nos Wise
Item C-6, Discussions
Councilman Wise objected, as stated in item C-5.
VOTE, Amendment (Pauoed)s
Yess Measles, Monfort Wagoner, Ackerly, Bailie, Hall
Not Wise
VOTE, Main Motion as Amended (Passed)s
Yeas Measles, Monfort Wagoner, Ackerly, Bailie, Hall
Not Wise
C-7 Resolution 85-20 - Awarding Contract - Engineering Design -
Juliueaen, Basin View, Ames, Barebaro - Wince, Corthell,
Bryson
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilwoman Bailie moved, seconded by Councilman Ackerly,
to amend the motion to award to Ocean Tech for $35,50O
VOTE, Amendment (Passed):
Yess Measles, Monfort Wagoner, Ackerly, Bailie, Hall
Nos Wise
VOTE, Main Motion so Amended (Passed):
Yess Measles, Monfort Nagoner, Ackerly, Bailie, Hall
Nos Wigs
C-8 Resolution 85-21 - Transfer of funds - Legislative Misc. -
51,000
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There war, no public comment.
Motion passed by unanimous consent.
C-9 Resolution 85-22 - Establishing Public Use Easement -
Marathon Rd.
MOTIONs
Councilman Ackerly moved, neconded by Councilman Measles, to
adopt the resolution.
MOTION, Tables
Councilman Wide moved, seconded by Councilman Measles, to
tahle action till things have been done to corranpond with
action of the Council.
KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 5
VOTE, Tables
Motion passed unanimously by roll call vote.
D. MINUTES
0-1 Regular Meeting, Feb. 6, 1985
Approved by Consent Agenda.
E. CORRESPONDENCE
E-1 Borough Mayor Thompson - Solid Waste Committee Appointment
E-2 Rep. Andre Marrou - C&RA Housing Loans
E-3 Kochemak Bay Visitors & Convention Assn. - Borough "Bed" Tax
Approved by Consent Agenda.
F. OLD BUSINESS
F-1 Purchase of Dens'ina Pt. Estates S/D, Tracts A,B,C by
D.Brown
Land Manager Labahn reviewed the appraisal as distributed in the
packet. There was a slight increase in value.
NOTIONS
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to use the current appraisal, re -bid A, B & C with the
stipulation that release clauses by lot be given based on
some equitable number.
Councilman Wise said Mr. Brown was supposed to meet with
Administration and update hie letter as to one tract or 3
separate bids. Land Manager Labahn replied he had nothing
in writing, Mr. Brown was waiting for receipt of appraisal
before proceeding further. Atty. Rogers said he had a
verbatim of the proceedings. The initial offer as written
was not what came out of the meeting. During the initial
discueeLon, Mr. Brown would have off set bid. At the end of
the meeting he asked for reserve to revise the offer. That
constitutes a new offer, Council has the option to do as
they see fit.
MOTION, Amendments
Councilman Wise moved, seconded by Councilman Ackerly, to
specify each tract as an entity and have a new bid on each
entity a A, B & C.
PUBLIC COMMENTS
a. Dave Brown. It was decided the offer was for all 3
parcels as one offer. The only thing he had to go
back to Mr. Labahn was whether he wanted to continue
negotiations with City Manager Brighton on the existing
conditions without release clause or go ahead and have
the City accept $500 for a new appraisal contingent on
j having a release clause in the new bid. Because he was
I initiating he had the right of first refusal. Mayor
Wagoner said Council wanted to re -bid because his
proposal requesting release would have to be treated
the same as the previous proponers. The only thing Mr.
Brown had was an old appraisal. Council rejected it
because he was requesting releases and Council had
rejected the others who requested releases. Mr. grown
noted, he had initiated the sale with $500, the City
accepted by going out for an appraisal. Atty. Rogers
KE_NAI CITY COUNCIL
FEBRUARY 20, 1985
Page 6
said the tranneript shows he requested all 3 parcels;
r but he also requesated to meet with Administration the
next day. There were many changes in his proposal,
none were reduced to writing as required by law. Mr.
Brown noted it is a matter of public record. At the
end of the meeting he asked Council to instruct Mr.
Labahn not to advertise till he had a chance to review
what was proposed. He called Mr. Labahn the next day
and told him to go ahead with advertising. Mayor
Wagoner said he had asked Mr. Brown to come in the next
day and clarify in writing. Mr. Brown replied, Council
wanted a negotiated sale, not to throw out his bid. He
spoke to Mr. Labahn right after the meeting and was
told he would not have to meet face to face, just call
and tell him if he wanted to continue. He did that.
It woo not said at the meeting that it was to be in
writing, He asked Council to recess so he could put it
in writing at this time. He thought if it was said in
a public meeting, it was official. Councilman Measles
coked, what is normal practice if someone has more than
one offer to purchase - one for any offer or one for
each offer? Mr. Labahn replied, a good faith deposit
for each piece offered. Councilman Measles noted, if
the City accepted one good faith offer, it was one
-__ offer for all 3.
b, Ed Lowry, Kenai. He asked if Council would have to
reengnize a verbal offer in order for him to have
prior rights. Mayor Wagoner replied yes. Mr. Lowry
noted all real estate offers have to be ir+ writing
or they are not valid - that is State law, He
,Informed Council that he presented an offer within a
few days after the meeting.
Mr. Brown said Lhere is a written offer from him, the
verbal offer is whether it was all 3 or 1. He added,
all those preoent at the meeting knew what was said.
He should have been told to submit another offer
instead of waiting till this meeting and having the
Y ground rules changed.
VOTE, Amendment (Failed)s
Yost Wise, Wagoner
Not Mooslea, Monfor, Ackerly, Bailie, Hall
"FRIENDLY AMENDMENTS"
Councilman Ackerly moved, seconded by Councilwoman Bailie,
that A, B & C be treated as one piece of property.
�y
' MOTION, Amendment:
-- Councilwoman Bailie moved, seconded by Councilman Measles,
to allow Mr. Brown to be initiator of the sale.
r!; PUBLIC COMMENT s
:.4r..� Ed Lowry, Kenai. Council should review the bidding process,
and eliminate preference rights. The City will not
necessarily get the highest bid. The bidder may bid low
because he can match the highest bid.
t,
VOTE, Amendment (Peauod)s
p Yeas Menalen, Monfor, Ackerly, Bailie
Not Wine, Wnyoner, Hull
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KENAI CITY COUNCIL
FEBRUARY 20, 1905
Page 7
VOTE, Main Motion so Amended (Passed);
Yess Measles, Monfor, Wagoner, Ackerly, Bailie
Nos Wise, Hall
F-2 Community Center Committee Resolution Regarding Adjacent
Lands
City Manager Brighton explained, the land inside the fence
is Federal property, we had thought it was City.
NOTION;
Councilman Wise moved, seconded by Councilman Measles, that
all lands a4jaeent to the proposed civic center not now
listed for Jesse or sale be reserved till the City
determines a plan of action relating to the civic center.
Motion passed by unanimous consent.
G. NEW BUSINESS
G-1 Bills to be Paid, Bills to be Ratified
NOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
approve the bills as submitted.
Notion passed by unanimous consent.
G-2 Requisitions Exceeding $1,000
None
G-3 Ord. 1012-85 - Relinquishing Emergency Communications Center
Powers to Borough
G-4 Ord. 1013-85 - Amending KMC - Prohibiting Permanent Disposal
of Drilling Materials, Drilling Oil & Gas
G-5 Ord. 1014-85 - Increasing Rev/Appns - Ft. Kenay Janitorial
services - $29000
G-6 Ord. 1015-85 - Increasing Rev/Appns-Survey & Plat Cemetery-
$10, 000
Approved by Consent Agenda
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G-7 Ord. 1016-85 - Amending Zoning Map - Shaginoff S/D
MOTIONS
Councilman Wise moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Councilman Wiau rioted P&Z iiao recommended denial.
VOTE (Failed)s
Motion failed inanimoualy by roll call vote.
G-8 Ord. 1017-85 - Amending Zoning Coda - Mobile Homes & Mobile
Home Parks
MOTIONS
Councilwoman Monfor moved, seconded by Councilman Ackerly,
to introduce the ordinance.
Land Manager Labahn explained, this aleo changes the
definition of mobile homes and mobile home parks. P&Z
recommended the entire RH zone be permitted. Councilman
KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 8
Ackerly said he was in favor of allowing them in mobile
home parks only. Mr. Labahn said mobile home parks are
only allowed in RR and RS. There are 268 mobile homes in
the city, about 10: of all housing. Councilman Ackerly
requested a substitute ord. be at the next meeting relating
to mobile home parks being in only one place. Councilman
Wise said eliminating mobile homes is discriminatory.
Motion passed unanimously by roll call vote.
G-10 Police Dept. Addition
G-10a Change Order 02 - Discussion
G-10b Change Order 03 - Approval
MOTION:
Councilman Measles moved, seconded by Councilwoman Bailie,
to approve change order 03.
Councilman Ackerly said he priced plywood and felt these
charges were high.
VOTE (Possed)s
Yees Measles, Monfor, Wise, Wagoner, Bailie, Hall
Nos Ackerly
Change Order 02. Mayor Wagoner asked, should the city pay
for what the mechanical engineer left out? Also, why was
this invoiced and billed before coming to Council?
Architect Gintoli explained, the sub -contractors are using
invoices for estimates.
-7
1 G-11 Discussion - Lawton Dr. Sidewalk
Councilman Ackerly noted this was prepared, but not poured.
Mayor Wagoner suggested using left -over funds to complete.
He requested proposals with engineering estimates at the
March 6 meeting. He also requested the Fandels be informed
of Council action.
G-12 Discussion - Council on Aging By -Laws
Atty. Rogers explained, the treasurer is included and
combined with the secretary.
` H. REPORTS
H-1 City Manager
City Manager Brighton spoke.
j s. The Elks State convention will be in Kenai. They have
m-
asked for use of the gym for 330 delegates plus
spouses.
Reuben Rudy, Box 1806, Kenai. The convention will be
May 14 to 19, there will be about 550-600 people. They
would like to use the gym from May 15 to /8, from 9:00
to 5s00. There would be no smoking or drinking, they
have covers for the floor. A minimum of $100,000 would
R' be brought into the area. It would be a maximum of 150
people in the gym at one time. They would he using
their own tables and chairs, the gym could be used
after 6s00.
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KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 9
MOTIONS
Councilman Wise moved, seconded by Councilman Measles, to
approve the request.
Motion passed by unanimous consent.
b. He asked Council to review the Rec Center income
enclosed in the packet (item H-5).
c* the special assessment petition for water & sewer for
Princess, McCollum, etc. There were not enough
signatures. The assessment district was conditional on
the zoning petition.
d. The Rec Center request for $21,000 additional funds.
They have eliminated 38.5 hours per week. Recreation
Director McGillivray explained the cut-IL,acks.
Councilwoman Bailie suggested turning the desk so the
supervisor could do both jobs. Mr. McGillivray
replied, they are not at the desk all the time, they
have other jobs. He added, hours have been cut also.
Councilwoman Bailie suggested cutting salaries. Mr.
Brighton said this will be discussed at budget time.
Council agreed to leave at the•..ormal hours till a
decision is made at March 6 meeting.
e. Library addition. At the last meeting, they were ready
to sign the contract. Council was under the assumption
there would be a reduction. When it was put out for
signing, the contract cost more.
MOTIONS
Councilman Ackerly moved, seconded by Councilman Wise, to
accept the negotiated bid from Gaston for $588,647.
VOTE (Failed)s
Motion failed unanimously by roll call vote.
MOTIONS
Councilman Ackerly moved, seconded by Councilwoman Monfor,
to accept the base bid plus alternate #2 from Gaston for
$602,675.
VOTE (Failed)s
Yost Wagoner, Bailie, Hall
Nos Measles, Monfor, Wise, Ackerly
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles,
for immediate re -bid of the project on the basis of the same
elevator with no allowance for expansion, i.e., 5,000 sq.
ft. with no elevator.
VOTE (Failed):
Yes: Measles, Monfor,
Nos Wise, Wagoner, Ackerly, Bailie, Hall
VICE MAYOR MEASLES ASSUMED THE CHAIR.
KENAI CITY COUNCIL
FEBRUARY Zit, 1985
Pagr 10
MOTIONS
Mayor Wagoner moved, seconded by Councilman Hall, to re -bid
the library project at current ground level at the same
elevation as the library building with changes as completed
by the architect to allow for the same elevation, making
provisions for future expansion of the second story.
PUBLIC COMMENTS
1. Architect Gintoli. The City may find it more than the
Gaston estimate.
VOTE (Failed)s
Yess Wagoner
Nos Measles, Monfor, Wise, Ackerly, Bailie, Hall
MAYOR WAGONER RESUMED THE CHAIR.
MOTION, Reconsiderations
Councilmen Ackerly moved, seconded by Councilwoman Bailie,
to reconsider the basic bid and alternate 02 made by Gaston
for $602,675.
VOTE, Reconsideration (Passed):
Yess Monfor, Wagoner, Ackerly, Bailie, Hall
Not Measles, Wise
VOTE, Motion (Passed)s
Yess Monfor, Wagoner, Bailie, Hall
Nos Measles, Wise, Ackerly
PUBLIC COMMENTS
Mr. Gaston, Gaston & Assoc., Anchorage. In reply to Mr.
Gintoli, when the elevation was changed. There were other
changes. The reason he did not proceed was he would not
give a "ball park" price till he knew what he was getting
into. They went back to the sub -contractors. 75% to BOA
were from this area. They came back with a price, Mr.
Gintoli did not agree. By doing this, Council put them
through a lot more work. They extended the contracts to
accommodate Council. There will be an elevator and shaft
going nowhere.
f. Mayor Wagoner asked Mr. Brighton if the letter to FAA
r•egar•ding the tower has been written, Mr. Brighton
replied yes. Mayor Wagoner asked that copies be sent to
Council and Son. Murkowski.
H-2 Attorney
Atty. Rogers spoke.
s. He asked Council to approve Carol Freas as legal
secretary.
MOTIONS
Councilwoman Bailie moved, seconded by Councilman Wise, to
approve the appointment.
Motion passed by unanimous consent.
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KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 11
b. Regarding litigation by the City. Individuals are
contacting Council and others on pending litigation.
He cautions against discussion.
c. Packet item Info 012 regarding PUC decision on
relocation costs. The City did not win. HEA
application was denied, but the City still lost. He
will file a brief and provide to Council. It is the
same oituation with KUSCO. He will work for
consolidation of these.
b (contd) Councilman Ackerly noted he was not sure what was
in litigation. Atty. Rogers suggested they ask when
approached.
d. Councilman Ackerly asked about Cable TV. Atty. Rogers
replied, they are waiting for guidelines as a result of
legislation. We are not protesting the sale. It has
gone through with a stipulation that within a period of
time Inlet Visions be spun off to another. In the
meantime proceeds are in trust.
c (contd) Councilman Wise noted the HEA action was policy
action, Council should have been advised. Atty. Rogers
explained, he was directed by Council to pursue
administratively and in the courts.
H-3 Mayor
Mayor Wagoner spoke.
of He suggested Chris Reynolds to fill the Library
Commission vacancy.
Council agreed to the suggestion.
b. He suggested the following for the Council on Agings
1 yr. - Helen Knight
Gene Sipperly
Ann Ralson
2 yr. - Betty Warren
Sylvia Johnson
Shirley Henley
3 yr. - Rev. Moore
Council agreed to the suggested names.
c. He will be in Juneau next week. He will meet with Sen.
Stevens regarding Revenue Sharing.
d. He met with Sen. Murkowski, and was told he would help
with the FAA tower relocation.
e. He noted the Enstar ads, that they will take over the
Kenai office of KUSCO. When they talked to us they
said they would not close down the office and would
continue billing from here. The ad said the billing
will be moved. He asked Atty. Rogers to look into
this.
f. He reminded Council of the Assembly/Council breakfast
Feb. 28 at the Merit Inn, at 7200 AM.
g. Councilman Wise rioted the reappointed members of P&1.
were not approved by Council. The Clerk explained this
is not required by Code, she will research this.
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KENAI CITY COUNCIL
FEBRUARY 20, 1985
Page 12
h. Mayor Wagoner said he would like to "sunset" all
commissions and prepare an ordinance regarding length
of service.
H-4 City Clerk
Clerk Whelan asked that Council members please speak into
their mikes for the audience and for recording.
H-5 Finance Director
None
H-6 Planning & Zoning
None
H-7 Harbor Commission
Mayor Wagoner said they will be starting the project.
Councilman Wise noted there was $1,600,000 in the funding.
If we are short, we should find the funds.
COUNCILWOMAN MONFOR LEFT, IWO PM.
H-8 Recreation Commission
None
H-9 Library Commission
Chairman Swerner requested a work session with Council.
Council agreed to meet at 5:00 PM March 20.
1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Architect Gintoli. They will be purchasing carpeting
and painting for the library addition. Council agreed
to have the Library Commission select choices.
b. Father Targonsky, Old Town Committee. Would the Old
Town Committee be listed on the agenda? Mayor Wagoner
explained, it s.s not a commission. It is advisory to
the planner. If they wish to make a report, they are
welcome to.
c. Marian Davis, 4463 Spur, Kenai. Regarding the Council
on Aging by-laws. She appreciates the treasurer being
left in. She suggested the Council be made up of
senlcr citizens, not directors. There have been some
appointed that have been there over 10 years. She
thought there was a 10 year limit. Mayor Wagoner
explained, there is no 10 year limit. Council wanted
them so there would be continuity. Mrs. Davis noted
there were 2 directors on the Council. Mayor Wagoner
replied, Mrs. Warren was not a director. Mrs. Davis
suggested honorary seats for directors. Mayor Wagoner
replied, there are no honorary seats. He added, the
by-laws were drawn up by an outside consultant. His
concern was relating them to the Council on Aging and
having meetings at the Senior Center. If the Council
on Aging wants to meet elsewhere, there is nothing to
stop them. They cannot have closod meetings. If
there are problems, it is up to the Council on Aging
to correct. Mrs. Davis noted if there is no limit on
terms, the old ones will be reappointed. Mayor Wagoner
said theio will be different Council members
appointing. Mrs. Davis asked Finance Director Brown if
he was satisfied with an outolde concern controlling
KENAI CITY COUNCIL
FEBRUARY 20, 1985
Pogo 13
the money, Atty, Rogero said he recommended it be left
in, Finance Director grown did not agree. fair. grown
explained, he felt the treasurer should not have any
control over the money from the State. It should go
through Finance Dept. Independent fund-raising could
be handled by the senior citizens. Mrs. Davis
explained the AARP has a branch in Kenai. Betty
Warren will be president of the Council on Aging and
AARP. Mayor Wagoner explained, the city has nothing
to do with AARP. Mrs. Davis said she had been
approached by a local bar that had donated money to
the senior citizens. She has never had a report on
it, Finance !Director Brown explained, donations are
deposited weekly, they do not keep track. They go to
the senior citizen fund. Mrs. Davis said the Elks
had offered to donate an organ. Mrs. Porter said
they did not want it and did not tell the senior
citizens. Mayor Wagoner said that should be discussed
with Administration. Mrs. Davis said they were not
told when senior citizens were ill, they would like to
be told.
d, Harold Davis, 4463 Spur, Kenai. The money situation
goes back a long way. Over $9000 has been given to the
senior center for tables, chairs, pool tables. There
was only a handful of people that knew about it. Mayor
Wagoner explained all moneys coming in are approved by
Council by ordinance with a public hearing, Mr. Davis
said Mrs. Porter told them about the purchases after
they were bought.
Q, Mayor Wagoner said he had a meeting with a landscape
architect. He will have request for proposals fcr
Council review.
f. Councilman Measles said he would be absent from the
March 6 meeting,
g. Councilwoman Bailie reminded Council of the Citizens
Advisory Group to Wildwood meeting Feb, 21 at City
Hall.
AOJOURNMENTs
M-egetting% adjourned at 1105 PM.
Janet Whelan
City Clerk