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HomeMy WebLinkAbout1983-12-21 Council Minutesij AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 21, 1983 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD % 1. Don Nickel, D.C. - City Water 8 Sewer C. PUBLIC HEARINGS 1. Ordinance 905-83 - Increasing Rev/Appns - State Library Grant - $8,650 2. Ordinance 906-83 - Increasing Rev/Appns - State Grant for Fire Training - $3,000 3. Ordinance 907-83 - Increasing Rev/Appns - Library Donations - $590 J 4. Resolution 83-158 - Transfer of Funds - Cost Overruns, Senior Center - $1,081 5. Renewal of Liquor License - Italian Gardens 6. Renewal of Liquor License - BPO Elks #2425 D. MINUTES 1. Regular Meeting, Dec. 7, 1983 E. CORRESPONDENCE F. OLD BUSINESS N C G. NEW BUSINESS 1. ►3ills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 908-83 - Amending Kenai Municipal Code - Conflict of Interest do Engaging in Business Relations with City of Kenai 4. Ordinance 909-83 - Amending Kenai Municipal Code - Increase Insurance Liability on Lessees to 500/100/250 5. Ordinance 910-83 - Amending Kenai Municipal Code - Changi.ng Procedures on Sale of City Lands 6. Ordinance 911-83 - Increasing Rev/Appns - State Grant, Senior Citizens - $160,114 7. Ordinance 912-83 - Increasing Rev/Appns - Community Service Program - $5,742 8. Ed Lowry - Amended Lease - Sprucewood Glenn S/D 9. Discussion - TAMS Feasibility Study - Barge Terminal 10. Discussion - Reynolds do Lloyd Proposal - Public Relations on Capital Improvement Projects 11. Assignment of Lease - Ackerly h O'Connell to Peninsula Dairy Queen 12. Concept Lease Application - K. Carver - Unsubdivided City -Owned Land, CIIAP 13. Boat Launch Ramp - Del Mar Inc. - Change Order #2 - $2,627.38 14. Discussion - Intersection Illumination, 5 Areas H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT .1 v ® 1 KENAI CITY COUNCIL, REGULAR MEETING DECEMBER 21, 1983 - 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Wagoner, Tom Ackerly, Scilly Bailie, Jess Hall, Ray Measles, Chris Monfor, John Wise Absent: None A-1 Agenda Approval s. Mayor Wagoner asked that item G-3, Ord. 908-83, be deleted. b. Mayor Wagoner asked that item G-13, Boat Launch Ramp, be discussed under F-OLD BUSINESS Agenda was approved as changed. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Don Nickel, D.C. - City Water & Sewer Dr. Nickel explained he was asked to come here by the people who run Kenai Chiropractic Center. He has been getting bills for water & sewer. He received a letter from Atty. Rogers that he was in arrears. Dr. Nickel referred to the Kenai Municipal Code 17.17, mandatory connections and charges. He said no representative of the City government had come to them as to whether they need or want the service. No one has ever complained that their system is detrimental. The City cannot use force to make them connect. They have grandfather rights, they have been there a long time. They have no hook-up connection, but they do next door. He knows of people who are not being billed. It is a crime of extortion if they are billed. He has been here since 1963, water & sewer has been there that long. He secured a loan in 1964. it was accepted by the State. There is no legal cause for a government agency to charge private property. It is sitting on 5 acres. He suggested the City extend to the clinic a letter of variance till they want city water & sewer. He could go to litigation but he would rather not. This is a bill for services not rendered. Mayor Wagoner explained, he would have to go to P&Z for a variance. City Manager Brighton said he did not think the City can give a variance to an ordinance. He explained the Council directed Administration to go through their records as to those who were hooked up and those not using it but it was available. Dr. Nickel received a letter as a result of this. Mayor Wagoner asked Dr. Nickel if he had come in to talk with Atty. Rogers or City Administration. Dr. Nickel replied his girl talked to someone last summer, they were dissuaded because of breaking up of the front on a State road. Public Works Director Kornelis said they went out to find structures within 200 ft. He asked Dr. Nickel to notify him if he knew of any that were not being billed. He noted let & 2nd streets have not been accepted yet. The stub outs are made available because they were paving. Dr. Nickel's was a State project. Councilwoman Bailee said she talked to Rick Petit, DOT, Anchorage, who does issuance of forms. He said the price would be about $1,000 to $1,500, he is required to m ace $°.gn13 down, it is returned upon approval. This is standard. Evers if he is not physically t.00ked up, the value is increased and his insurance went down because it was available. Dr. Nickel noted there was an assessment district formed for water & sewer. In 10 years it would cost $12,000, and would be proportionately billed out. he understands that, but with this rule the City has made, they are charging whether you hook up or not. That is unlawful. a; is " KENAI CITY COUNCIL DECEMBER 21, 1983 Page 2 They are getting something for nothing. Mayor Wagoner explained a large portion of the charge is maintenance. It is a self-supporting system. Dr. Nickel asked, where did the $12,000 go? Mayor Wagoner replied, that was a portion of installation. Councilman Ackerly said he thought DEC required the City to charge. Mr. Kornelis explained, for sewer line DEC requires an individual within 200 ft. to hook up, but not for water. Councilman Wise noted the sewer is stubbed out. Water is available without crossing the street, but would require a pavement break. City Manager Brighton said he did not want Dr. Nickel to leave thinking Council would take action to alleviate the situation. This is an ordinance that has withstood court action all over the country. The 200 ft. inclusion is not uncommon. The City does not try to get something for nothing, but they cannot afford to do this without charging everybody to pay their portion. Regarding discrimination, there are people who live on paved, gravelled and some on roads that they cannot use in the Spring. This could be called discrimination, the Courts do not recognize that. Municipalities cannot do everything at one time. It has to be done a little at a time. Mayor Wagoner asked Mr. Brighton to send a letter to Dr. Nickel explaining the situation. Councilman Wise asked Dr. Nickel if he was ever notified of the mandatory charge. Dr. Nickel replied no. Finance Director Brown explained the tat billing was in July, most people called and we sent them copies of the ordinance. Mayor Wagoner added, the ordinance was passed a long time ago. A full year passed before billing started. There was much publicity. C. PUBLIC HEARINGS C-1 Ordinance 905-83 - Increasing Rev/Appns - State Library Grant - $8,650 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ordinance 906-83 - Increasing Rev/Appns - State Grant for Fire Training - $30000 MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 907-83 - Increasing Rev/Appns-Library Donations- $590 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. t KENAI CITY COUNCIL DECEMBER 21, 1983 Page 3 C-4 Resolution 8; Senior Centei MOTIONS Councilman Me adopt the roe There way no Motion passed by unanimous consent. C-5 Renewal of Liquor License - Italian Gardens Clerk Whelan reported all taxes are current. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, that a letter of non -objection be sent to ABC regarding Italian Gardens. Motion passed by unanimous consent. C-6 Renewal of Liquor License - BPO Elks #2425 Clerk Whelan reported all taxee are current. MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, that a letter of non -objection be sent to ABC regarding the Elks. Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, Dec. 7, 1983 Minutes were approved as submitted. E. CORRESPONDENCE Mayor Wagoner noted the letter from Harbor Commissioner Quesnel and the letter from Borough Assembly Member Nash. He asked to discuss them later in the agenda. F. OLD BUSINESS F-1 Boat Launch Ramp - Del Mar, Inc. - Change Order #2 - $2,627.38 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the change order. Councilman Ackerly asked if the work had been done. Public Works Director Kornelis replied it was done last summer. The engineering did not show some existing bulkheads and sheeting. When they started construction at low tide, it had to be cut off. There was also a steel pipe that had to be cut off. They asked the contractor to keep track of costa, the bill was $4,000+. He reviewed it and felt it was closer to $3,000. The contractor re -submitted at $2,000+. This is a legitimate change order. Councilman Wise noted there were change orders that were voted down, was this one of them? Mr. Kornelis replied no. Mayor Wagoner noted 7� a= --� ;i=:= - i Z M KENAI CITY COUNCIL DECEMBER 21, 1983 Page 4 there was still existing piling up -river, is this part of that? Mr. Kornelis replied no. Councilwoman Bailie asked if we got credit for removal of the cement piling that he left there? Mr. Kornelis replied, we did not. We used some of that for the approach to the ramp because it was washing out. Councilman Ackerly asked if we were going to send a "good guy letter." Mr. Kornelia replied, we have. He thought he had done a good job and considerably cheaper. Councilwoman Monfor noted the contractor was in Wisconsin. Mr. Kornelis replied, he bid in Anchorage, when he got the project he moved to the the City. Councilman Ackerly asked if it was worth it to pursue the credit. Mr. Kornelis replied no, the contractor felt he was more than fair. He might have hauled it away if we had pressed it. It became his property. He could have sold it to Dragnet, he gave them to us. Mayor Wagoner suggested in the future, it should be in the contract that materials are not available for salvage. Motion passed unanimously by roll call vote. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to approve the requisitions as submitted. Councilman Ackerly asked if we were going to receive an up -date on the janitorial service. City Manager Brighton replied, it is not working. We have cancelled the contract for the senior citizens and city hall. We will go to the next highest bidder. Councilwoman Monfor noted the downstairs area of the city hall and the airport are bad. Mayor Wagoner said this is an Administration problem. Councilwoman Bailie asked if we were paying in advance. Finance Director Brown explained this is appropriating the money. He will be paid once a month. Councilwoman Monfor asked, how do we know if they are good. Mr. Brighton explained, when they submit the contract, they have letters of reference, bonds, etc. Motion passed by unanimous consent. G-4 Ordinance 909-83 - Amending Kenai Municipal Code - Increase Insurance Liability on Lessees to 500/1000/250 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Ackerly asked if that applied to airport lessees also. City Manager Brighton replied yes. Motion passed by unanimous consent. i KENAI CITY COUNCIL DECEMBER 21, 1983 Page 5 G-5 Ordinance 910-83 - Amending Kenai Municipal Code - Changing Procedures on Sale of City Lands MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Councilman Wise said this is a move in the right direction but it will perpetuate the problem that exists already. Section 5 makes no mention of first right of refusal for initiator. The ads out at this time do not state this. Also, regarding section 1, line 5. We have sold land habitually without that designation. We have offered for sale without using the current ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance on Section 1, lines 5 & 6, to read, "from such restrictions and which the City Council has not determined as required for a public purpose, shall--." Finance Director Brown noted there is a law suit involving some of these things, he asked Council not to act without discussing this with Atty. Rogers. Councilman Wise said he would not want it adopted till the City determines what lands are to be restricted. By our Code as it exists today, we cannot sell land unless we have a determination it is for sale. Yet we have sold without it being formally for sale. The only lands technically available are those listed by Land Manager Labahn. If we want land for public purposes, let's designate it and anything else should be on the market. We can have restrictions. Council amended the Code on sales that gives the initiator the right of first refusal. That should be in the ads. Councilman Ackerly said as long as the property is un-leased and not improved, he sees no problem with a public outcry auction. But those with substantial improvements should have right of first refusal. City Manager Brighton explained, this ordinance has been amended several times over the last 4 years. It has become difficult to write an ordinance to do what the Council wanted to do. They wanted the ordinance to let the lessee with substantial improvements to negotiate the sale. The reason this ordinance is ii, front of us is because after much work, the indication was that the Code does not permit that. It has been in the Code for a long time that the City determines public need. This was done by consent when Union Oil bought, it was implied on the post office. Land Manager Labahn explained, this would allow anyone leasing with substantial improvements to buy at fair market value. All other cases without substantial improvements automatically go to other disposal situations. The initiator can still meet high bid. The ads have been corrected. VOTE, AmendmRnt (Failed)% Yost Wise Not Wagoner, Ackerly, Bailie, Hall, Measles, Monfor MO'ION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the motion to read, section 5, item p8, change to 1i9. Item #8 would read, "that the initiator of the sale has the right to meet the high bid." KENAI CITY COUNCIL DECEMBER 21, 19611 Page 6 Councilman Measles noted this will reduce the number of those who will bid. It could drive up the price of the bid. VOTE, Amendment (Fsiled)s Yes$ Hall, Wise Nos Wagoner, Ackerly, Bailie, Measles, Monfor VOTE, Main Motion (Passed)$ Yess Wagoner, Ackerly, Bailie, Hall, Measles, Monfor Not Wise G-6 Ordinance 911-83 - Increasing Rev/Appns - State Grant, Senior Citizens - $160,114 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Motion passed by unanimous consent. G-7 Ordinance 912-83 - Increasing Rev/Appns - Community Service Program - $5,742 NOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed by unanimous consent. G-B Ed Lowry - Amended Lease - Sprucewood Glenn S/D Land Manager Labahn explained, Mr. Lowry made a request at the last meeting to have 3 leasea made up from one. Administration recommends consent to the division with 3 conditions► a. Subdivision plat be recorded. (It has not been) b. P&Z recommended the right-of-way (Tern) be platted to the edge of the property for access to Walker Lane. c. P&Z recommended #3 be restricted to urban residential. That is in the over-all lease. MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the revised lease agreement of Ed Lowry with constraints as suggested by Administration. Councilman Ackerly asked if Mr. Lowry was current in his lease payments. Finance Director Brown replied, he did not know. He was not current at the last meeting. MOTION, Additions Councilman Measles moved, with consent of second, to add, "providing the lease is current." Motion passed unanimously by roll call vote. G-9 Discussion - TAMS Feasibility Study - Barge Terminal City Manager Brighton explained, there has been a verbal proposal in the area of Salamatof and the property formerly owned by the Natives and now owned by Royal Pacific KENAI CITY COUNCIL DECEMBER 21, 1983 Page 7 Fisheries. That proposal will be in the City within the next 2 weeks. A survey will be done then. He asked Council to hold off on the TAMS proposal till this is reviewed. The verbal proposal was to exchange the port of Salamatof for the previously Native property adjacent to Salsmatof. There would be some river access, we would have more storage space. Salamatof, Royal Pacific and the City would pay a portion of the cost of a large facility. Mayor Wagoner asked Harbor Commission Chairman Williams, he thought it was discussed at Harbor Commission meeting that we should be careful on this. We have an independent company already doing freight. He thought the City should not get involved with competition with private enterprise. Chairman Williams said he was unaware of the arrangement discussed by Mr. Brighton. Mr. Brighton explained it is verbal, but they assured him it would be in writing. They speak of all 3 parties building an expanded dock to give independent fishermen a place to unload. There is a dock for Dragnet, but it is primarily freight. Mayor Wagoner noted it is not public. Chairman Williams agreed to delay a decision, but added he did not know of this proposal. He explained, the TAMS study was to open doors to see if docking facilities were feasible or would be used. We are looking at an off-load facility and a barge facility also. He said the Harbor Commission will have the information by the Jan. 18 Council meeting. Council agreed to delay a decision. G-10 Discusaion - Reynolds h Lloyd Proposal - Public Relationb on Capital Improvement Projects City Manager Brighton explained he sent copies of the proposal to Council for review. We should not lean on informing the public or area -wide on the basis that it will help provide money. We need to depend on the legislators to use individuals and groups in the community that sell the need of projects. The speeches need to be made to the legislators. The best part of the proposal is the slides, information to justify the request for us to pass on to the legislators. He has a lunch scheduled with Rep. Adams, Rep. Noyes and Son. Kertulle will call for an appointment. Son. Bennett will also contact him. These are the key people. j At the legislative meeting with Council, the question was raised that the Governor's budget may be done, and were any of our requests in it? It is not prepared, it may be more than 2 weeks from now. He talked to the Asst. Commissioner of Commerce, harbor and airport requests will be pushed. The library and community center do not fit into these categories. Also, regardless of plans they promise, the Governor, Senate and House will split projects. Mayor Wagoner said Council concurred with City Manager Brighton at last budget hearing that we would lot him be lobbyist. He suggested Mr. Brighton go down in the next 2 weeks to make i contacts. Councilman Wise said now is not the time to take pictures. It should be during the fishing season. In the Spring we should amass information for a package to support these things. Mayor Wagoner said he has asked P&Z to be ready to do that as early as possible next year. Chairman Williams said lobbying is the best method to have something positive done by the City to the legislators. The biggest problem of the City is waiting till the last minute and then i going to Juneau. Councilwoman Monfor syreed that we are late in starting, but what we praoont is done well. We could take the most inriovat-ive parts of this proposal. There should be some slides in the City, $6,000 was a lot of money for a brochure. Mayor Wagoner explained the slide presentation was to groups, not to legislators. It may be better to consider taking Reynolds h Lloyd au long Lorin for KENAI CITY COUNCIL DECEMBER 21, 1983 Page 8 next year. Mr. Brighton said the issue is not -what is right, but what is best for the State. Each member is elected from his district. They get elected on how well they produce for their district. It is difficult to lobby to those from other districts. We have only one legislator in the majority. If you are on the right side, you will get a share of the pie. He cannot promise he will be effective in our requests, we will have to go around our own legislators. We will have to decide how we will do this. Our legislators know they are on the wrong side. Councilwoman Bailie suggested some of the programs we are stressing should have pictures for a brochure to hand to legislators. If nothing else, we could have drawings. She added, it bothers her that both Reynolds h Lloyd have worked for Multivisions, with our position on that. She thought we could do it ourselves. Mayor Wagoner said it is late to start on brochures. We should start in the Spring for the next session. He asked that Administration, within the next few months, bring Council recommended dateline for brochures and review by P&Z of capital improvements projects. Council agreed to the request. City Manager Brighton said we have communicated with all legislators 2 times in the last 30 days. Once on the growth of the City. We are growing faster than any area in the State, we are one of 2 or 3 industrial areas in the State. The have spent millions of dollars in other areas to promote industry, we need help now. Seward has lost people, but much money has been spent there. We have grown by 900 people. The 2nd letter was the brochure with justification of needs. The most important thing is follow-up with personal contact. He is not sure the portfolio is good. They need to know needs, not a picture. He thought we were hard on our legislators at the last meeting, but we got the attention of one who could help. We should start now for the 1985 session. Our prioritized list will last us 3 to 4 years. The 1985 legislature may be more favorable. Councilman Wise noted in the last census, a lot of houses were listed as vacant, but were not, they were transient. This is one of our problems, we have a heavy transient population. MOTION, Tables Councilman Wise moved, seconded by Councilman Measles, to table action on the proposal. VOTE (Passed): Yes: Wagoner, Bailie, Hall, Measles, Monfor, Wise No: Ackerly G-11 Assignment of Lease - Ackerly do O'Connell to Peninsula Dairy Queen MOTION: Councilman Wise moved, seconded by Councilman Measles, to approve the lease assignment. Motion passed unanimously by roll call vote, with Councilman Ackerly abstaining. ., KENAI CITY COUNCIL DECEMSER 21, 1983 Page 9 G-12 Concept Lease Application - K. Carver - Unsubdivided City -Owned Land, CIIAP Land Manager Labahn explained, this went to the last P&Z meeting. Mr. Carver owns lot 1, he is requesting a small portion of the property adjacent next to him. We do not have a release of the property from FAA, it is not platted or surveyed. His intent is storage expansion. P&Z voted to approve. They were concerned with visibility, they recommended screening. Mayor Wagoner asked, inhere does the buried cable go? Mr. Labahn showed it was not in the area of concern. Mayor Wagoner said if he were to develop around there, he would want that piece of property also. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the concept lease w:.th the provision that an attractive site -obscuring fence be placed in proper places.' VOTE (Failed)s Yes: Hall, Monfort Wise Nos Wagoner, Ackerly, Beilie, Measles Mayor Wagoner asked Administration to send Mr. Carver a letter of explanation. G-14 Discussion - Intersection Illumination, 5 Areas Councilman Ackerly asked, why is Strawberry Rd. so high? Public Works Director Kornelis explained, HEA bases costs on if there is a pole, secondary wire, transformer, etc. there. They will be mercury vapor. That is what we have in the City. MOTIONS Councilman Wise moved, seconded by Councilwoman Monfort to approve #2 through #5. Councilman Wise explained, #1 is not heavily trafficked and we are going to do paving there. Councilman Ackerly suggested postponing till Mr. Kornelis hears from DOT. Councilman Wise said this does not commit us to anything. There is enough money in the budget to do. We will need an ordinance, we could prepare it till the funds are available. Mayor Wagoner said the City should not be put in the position of paying for improvements that should be done by the State. These are State streets. They have been going through Kalifonsky and other intersections. Councilwoman Monfor noted we have waited 8 months for a stop light, how long would this take? A child could be killed. Mayor Wagoner said it is not the $4,000 that bothers him, but the maintenance we would have to do. Councilman Wise said this shows our commitment to safety of the community. He did not think HEA could do it before next Fall. Councilman Hall asked if we had to maintain if we put it in ourselves? Mr. Kornelis replied, we pay maintenance and electricity on all State highways. On safety areas, the State pays 1/2. We do repair work. We get paid back for electricity only. The lights being put in around the Peninsula were determined by State Troopers to be unsafe areas. He suggested they contact the cities in the future, the Borough is more concerned by areas outside the City. HEA will install on existing poles on some, they could be done right away. The only thing holding it up would be money, they said they had no money. Mayor Wagoner explained this motion would direct Administration to draw up an ordinance and find the funds. KENAI CITY COUNCIL DECEMBER 21, 1983 Page 10 Councilman Wise asked if Police Chief Rosa could speak to Capt. Swackhammer of the Troopers regarding the criteria they use for safety. PUBLIC COMMENTS s. Ruby Coyle. The City is part of the Borough as well as Kalifonsky. We pay taxes. There is one on Barabars, the people paid for it themselves. VOTE (Passed)s Yes: Ackerly, Bailie, Hall, Measles, Monfor, Wise Not Wagoner H. REPORTS H-1 City Manager City Manager Brighton spoke. e. He passed out 2 memos, but does not want actioii on them. He would recommend approving Police Chief Rose' request for a police aide. He would like to review at a later date, there is money available till June, they would have to appropriate for 3 months. b. The License Bureau downstairs is closed, allegedly for an audit. It is rumored it will be closed permanently. He has written a letter to the Dept., the Chamber of Commerce has sent a letter. e. Regarding the janitorial contracts. We have had many complaints at the S?nior Citizens Center, the City Hall and the airport. We have cancelled the contract at the Senior Center and have notified them of cancellation at the City Hall. He has had talks with the janitorial service and have documented complaints. Jan. 12, 1984 is their last day at City Hall, it will go to the next lowest bidder. He will speak to Airport Manager Swallay regarding the airport. Councilwoman Bailie asked if we could hire our own janitor. Mr. Brighton said it would be discussed at the next budget sessions. d. Councilman Ackerly noted at the meetings with the legislators, we could find support from Soldotna and the Borough regarding redirection of efforts of DOT away from Sterling to the 4-laning of the Spur. We should not let this drop. Mayor Wagoner suggested Administration write a letter to DOT with copies to the Governor and our legislators. City Manager Brighton noted we do not want to bury ourselves with requests to DOT. We should set priorities. Mayor Wagoner noted this was a priority last year. Councilman Wise noted the Sterling project is 95% Federal funds. There is justification to upgrade this road. City Manager Brighton noted Spur is not Federal Interstate, funds would not be available. Councilman Wise said it is Federal, but not Interstate. e. Regarding zoning powers. Councilman Hall asked Administration to work on this and bring it to Council. City Manager Brighton said it would be ready Jan. 4, 1984. H-2 City Attorney None I 1 1 t R - - KENAI CITY COUNCIL DECE14BER 21, 1983 Page 11 H-3 mayor Mayor Wagoner spoke. Go He has been asked to go to Fairbanks Jan. 3, 1984 to attend Fairbanks' 25th anniversary celebration. The Governor will be there. b. The Airport Committee met Dec. 20. He was pleased with the group. They will come to Council by Jan. 18 with recommendations as to a survey, platting and work on ' the west side of the airport. They will have a meeting Dec. 23, he invited interested Council members to attend. H-4 City Clerk Clerk Whelan spoke. a. She is running for PERS Board, Atty. Rogers has said there is no conflict of interest. She wanted Council to know of her intentions. b. She noted the letter from Borough Assemblyman Nash distributed this date. Mayor Wagoner suggested Atty. Rogers review it. City Manager Brighton noted to adopt a resolution and help promote this would create a problem for the City. There is a surplus of attorneys and everyone thinks the City has deep pockets. The taxpayers are providing attorneys and providing funds for the attorney. The City will have additional agitation if it passes. Councilman Measles said free legal service is available now. The way the State is handling it now is the problem. H-5 Finance Director None H-6 Planning & Zoning Councilman Wise said there were 2 public hearings at the last meeting. Additional access to Walker Lane and the PUO ordinance. Also discussed was assumption of zoning powers. P&Z requested the Borough Code be reviewed. Also the Comprehensive Plan on the Spur area. H-7 Harbor Commission Councilman Ackerly said the next meeting will be Jan. 10, 1984. H-8 Recreation Commission None H-9 Library Commission Chairman Pat Dye said they have been working on the proposal on the addition. They would like to see the Request for Proposals when they are received. The selection of the architect will be Jen.18, 1984. The next meeting is Jan. 17, 1984. h i 1 2 I KENAI CITY COUNCIL DECEMBER 21, 1983 Page 12 I. PERSONS PRESENT NOT SCHEDULED TO BE HEA a. Waldo Coyle. He i � npprehenzi ;•e about the State taking over the Kenai River and turning it over to the Park Service. If the State is like the Federal government, it is a Gestapo of the Federal Government. He who at the Borough when the meeting took place and were told it was private. It was a task farce appointed by the Governor. Private people were those who wanted tourists. It would be all park along the river.You have to get permits from 3 agencies now. It would be 4 agencies with Parks Dept. The City owns a lot of river frontage. They are proposing from the mouth of the river to Kenai Lake. Keep them out of Kenai or we will have no development whatsoever. The conservationists would stop all development. It would behoove the City to have a meeting with the Governor to talk to property owners on the river. The City could manage the speed limit on the river with one policeman and a boat. In tidewater from Eagle Rock down, there is nothing but a few humpies, spawning is above. The State should not be concerned except with the speed limit and the City can handle this. With F&G enforcement, it could be handled. Anchorage wants this as a playground. Have the State help with funds to furnish enforcement. Mayor Wagoner said he would write a letter and maybe we can get the Governor to meet with Mr. Coyle. Councilman Wise asked if we could limit the size of the motors. Mr. Coyle said enforcing speed limit, but size of motors is not necessary. Restricting the wake of a certain size could be done. He added, the Governor appointed a commission, it was all sportsmen in Soldotna, none of the property owners in the Kenai River area. Councilman Wise asked, how do you prove the size of a wake? Mr. Coyle replied you can take pictures. Mayor Wagoner said it can be enforced. He added he would send Mr. Coyle a copy of his letter. b. Father Targonsky, Russian Orthodox Church. In the Russian Orthodox Church, Christmas is Jan. 7, 1984 and New Years is Jan. 149 1984. He asked the residents to leave their decorations up to honor the historical section of the community. c. Councilman Measles. Regarding snow plowing of the City streets. We have signs up to have vehicles off the streets. Do the snow plows operate at that time? Public Works Director Kornelis replied no, only if there is a large amount of snow. Councilman Measles asked, why do we have regulations? They plow only when cars are on the street and shovel them in. Mr. Kornelia replied, that is for large snowstorms so they can be towed away. Councilman Measles asked, why are they more in the way at night than at noon? Mr. Kornalis replied, he would be in favor of now allowing any parking on the streets. Mayor Wagoner suggested Administration review and bring back a recommendation. City Manager Brighton said the Street Dept. would have to make re -runs and grade them out. Mayor Wagoner said KENAI CITY COUNCIL DECEMBER Z1, 1983 Page 13 the areas that are posted Will have to be plowed out at that time. That, or the signs should be taken down. It may cost us more, but may cost us less in law suite. d. Mayor Wagoner. The Homesteader's sign is still up, in violation of ordinance and it blocks the view of traffic. He asked Administration to check into this. ADJOURNMENT Meeting adjourned at 10s40 PM. AJ� ;;stet Whelan City Clerk w CLft