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1976-11-03 Council Minutes
AGENDA REGULAR MEETING - KENAI CITY COUNCIL NOVEmBER 3, 1076 - 8, 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PAGE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 310-78 - Revising Schedule I'll" of Rates for floors to WIR system I 2. Ordinance No. 317-76 - Clarifying Ord. 240-74 a limiting it as to time 2 3. Ordinance No. 310-70 - Senior Citizen Nutritional Program Budget 2 4, C. PERSONS PRESENT SCHEDULED TO RP HPARD 1. Mr. Ted Carson representing Yoshi and Ruth Shlohirs 3 2. D. MINUTES 1. Minutes of the Regular Meeting and Board of Adjustment Hearing of October 20, 1970. 3 S. CORRESPONDENCE 1. Komi Utility Service Corporation 3 2. F. OLD BUSINESS 1. 2. S. 4. 0. NEW BUSINESS ff 1. Bills to be paid - bills to be ratified 3 2. Ordinance No. 207-76/77(n) - Partial reimbursement of power costs - Street Lights 4 • S. Resolution No. 70-66 - Raising Ord, 310-76 from table and setting hearing dote 4 4. Resolution No. 78-67 - Accepting Bid for Purchase of Police Patrol Car 4 6. Resolution No. 78-88 - Revenue Sharing Title It Anti -Recessionary Funds 5 6. Resolution No. 76-69 - Janitorial C-ntrsd for Kenai Community Library 5 7, Resolution No. 76-70 - Granting Utility easements to Homer Electric Association 6 9, PAY1710ft to contractor - now library furnishings 0 9, Periodic Cost Estimate No. 9 - Kenai Community Library 0 10. Cost Pay Estimate - Brown ConstruoWn 7 U. Cost Pay Estimate - Interstate 7 12. Special Use Permit - Kenai Air Service 7 H. REPOR78 1. City Manager's Report #4 8 2. City Attorney's Report 9 S. Mayor's Report 0 4. City Clerk's Re" 9 6. Finance Director's Report S. Planning & Zoning Commission's Report I. VAnAl Peninsula Borough Assembly's Report I- PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I L' KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 3, 1970 - 8: 00 P.M, 00� KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Dan Whelan, Betty Glick, Edward Ambarian, Richard Morgan and James Elson. Absents Walter Sweet and Tom Ackerly. AGENDA APPROVAL There were no additions or deletions to the agenda. B. PUBLIC HEARINGS B-1: Ordinance No. 310-76 - Revising Schedule "H" of Rates for Users to W/O System Mayor Elson read Ordinance No. 310-76 by title "an ordinance of the Council of the City of Kenai, Alaska, revising Schedule H, Water and Sower Permits, of the Schedule of Rates for users connected to City water and sewer systems." Copies of Ordinance No. 310-70 were available for the public. Mr. Wise, City Manager, explained Ordinance 310-76 and the changes which are based on the size of service which determines the fee amount. Mayor Elson opened the hearing to the public. There being no comment, the hearing returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 310-70, revising Schedule "H" of rates for users to the City Water and Sewer Systems. Discussion followed with regard to assessment districts and the water/sewer permit fees. Mayor Elson stated that a few years ago, the revenues derived off these would go back to capital improvements for the water/sewer system. As for as whether or not the monies are derived from assessment districts or hook-up fees it would still go into construction, improvements, etc. for the water/sewor system. Mayor Elson also stated that it was his feeling that as this material had not been made available until the evening of the Council meeting, he would suggest that Ordinance No. 310-76 be re-secheduled for public hearing at the meeting of November 17th to allow additional time for review. Councilman Ambarian, with consent of second, withdrew his motion for adoption. J t I I , I 1 � ' ■ .— r • — •— —, .. — ---•--sue.— ,--+rrfr- •—v`—<. ,. r) KENAI CITY COUNCIL, RHOULAR MERTIN©, NOVEMPHR 3, 1970 Pago Two MOTION: Councilman Morgan moved, seconded by rouneilman Whelan, to amend Ordinance No. 310-70 to include the revised fees under Sehodulo "II" - Water and flower Permits and reschedule Ordinance No. 310-70, as amended, for public hearing at the regular Council meeting of November 17,1976. Motion passed unanimously by roll call vote B-2: Ordinance No. 317-70 - Clarifying Ordinance 240-74 a limiting it as to time Mayor Elson road Ordinance No. 317-70 by title only no copies were made available to the public. "An Ordinance of the Council of the City of Kenai, Alaska, clarifying Ordinance No. 240-74 and limiting it as to time". Mayor Elson opened the hearing to the public. There being no comment from the public, the hearing returned to the Council table. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Ordinance No. 317-76, clarifying Ordinance No. 240-74 and limiting it as to time. Motion passed unanimously by roll call vote. B-3: Ordinance No. 319-70 - Senior Citizen Nutritional Program Budget Mayor Elson read Ordinance No. 319-76 by title only, "an ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the amount of $30, 533 under the budgetary guideline entitled "Title VII Nutrition Program" in a special revenue fund". Copies were made available to the public prior to the meeting. Mayor Elson opened the hearing to the public and there being no comment, the hearing returned to the Council table for action. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 319-76, Senior Citizen Nutritional Program Budget. Councilman Whelan advised that Councilman Sweet had contacted representatives of the Salvation Army and they appeared agreeable to enter into direct contracts. Mr. Wise advised that a meeting had been scheduled for Monday with the Salvation Army and some of the areas in question would be clarified. Councilman Morgan stated he would like it a matter of record that all agreements for operation, etc, of the program be brought before Council before any execution of the contracts. Motion passed unanimously by roll call vote. - .. -.- _ ....-,.._ ^.—• r•-- .. „ .ram, -.. . r t! j KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER S, 1976 Page Three � C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. Ted Carson representing Yoshi and Ruth Shiohira Mayor Elson advised that as additional information was required, Mr. Carson requested that he be placed on the agenda of the meeting scheduled for November 17th. D . MINUTES ' D-1: Minutes of the regular meeting and Board of Adjustment Hearing of October 20, 1976 The following corrections were made to the minutes of the meeting of October 20th: Page S - clarification of sentence. Page 11 - Councilman Morgan requested that the following be added to the j sentence in the paragraph preceding the last motion on that page. ".......funds had been budgeted for the repairs to the runway -- patching of the asphalt, etc. and that these monies remain untouched by this transfer of funds". J 1 There being no further corrections or additions, the minutes were approved. �. E. CORRESPONDENCE E-1: Kenai Utility Service corporation , Mayor Elson acknowledged receipt of a letter from Mr. Oscar L. Thomas, Vice t 1 President of Ke=i Utility Service Corporation. Mr. Wise advised that the action referred to in Mr. Thomas' letter was in error as the contract between KUSCO and j -- — the City of Kenai was not standard as other City agreements. The matter has been taken care of by City administration. F. OLD BUSINESS t None f " 4. NEW BUSINESS i 0-1: Bills to be paid - bills to be ratified i _ t - Mr. Wise advised that all bills listed for payment and/or ratification were in order ` and recommended approval. MOTION, 1 Councilman Whelan moved, seconded by Councilwoman Glick, for approval of those - items listed for payment and ratification. Motion passed unanimously by rou call vote. ' - - - I 1 i} 1 . r f '.1 J KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 Page Four G-2: Ordinance No. 297-70/77(B) - Partial reimbursement of power costs - street lights Mayor Elson read Ordinance No. 297-76/77(B) by title only, "an ordinance of the Council of the City of Kenai, Alaska, amending the 1976-77 General Fund Budget by increasing estimated revenues and appropriations in the amount of $6, 500 under the budgetary guideline entitled "Public Works - State Lighting Agreement". Copies of this ordinance were made available to the public. MOTION: Councilwoman Glick moved, seconded by Councilman Morgan, for introduction of Ordinance No. 297-76/77(B), amending the 1976-77 General Fund Budget by increasing estimated revenues and appropriations in the amount of $6,500 under the budgetary guideline entitled "Public Works - State Lighting Agreement". Councilman Ambarian stated that he felt the City should not accept the lights on the highway as future maintenance, etc. would be very costly and the City did not have the equipment to maintain the lights. Motion for introduction passed by roll call vote. Voting yes; Whelan, Glick, Morgan and Elson. Voting no; Ambarian. 0-3: Resolution No. 76-66 - raising Ordinance 316-70 from table and setting hearing date Mayor Elson read Resolution No. 76-66 by title, "a resolution of the Council of the City of Kenai, Alaska, to raise Ordinance No. 316-76, "an ordinance of the Council of the City of Kenai amending the 1976 Kenai Municipal Airport Regulations" from the table and setting a time for a second reading and public hearing." The public was provided with copies of the Resolution. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 76-66, raising Ordinance 316-76 from the table and setting a hearing date of November 17, 1976. Motion passed unanimously by roll call vote. G-4: Resolution No. 76-67 - Accepting bid for purchase of Police Patrol Car Mayor Elson read Resolution No. 76-67, "a resolution of the Council accepting bids and authorizing the purchase of a Police Patrol Car. Whereas, the FY 76-77 Police Department budget included $5,000 for the purchase of one patrol car, and Whereas, four bids were received by the City of Kenai for this patrol car, and Whereas, the low bidder was Hutchins Sales a Service, Soldotna, and Whereas, this bid on a 1977 Chevrolet Nova to the only bid within the budgeted amount. Now, Therefore, be it resolved that the City administration hereby accept the Hutchins Sales a Service bid on one 1077 Chevrolet Nova Patrol Car in the amount of $4,405.23 plus freight". a C f. . . If= KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 Page Five MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-67, accepting bid for purchase of police patrol car from Hutchins Sales and Service for one 1977 Chevrolet Nova Patrol Car in the amount of $4,405.23 with an amendment to the contract with Hutchins Sales & Service that freight was not to exceed $594.77. Motion passed unanimously by roll call vote. a-S: Resolution No. 76-68 - Revenue Sharing Title II Anti -Recessionary Funds Mayor Elson read Resolution No. 76- 68, "a resolution authorizing the City Manager to file a Statement of Assurances with the Office of Revenue Sharing (federal) to qualify the City for funding under provisions of the Public Works Employment Act of 1076 - Title II, Anti -recession Revenue Sharing". Mr. Wise advised that the Act required a "Statement of Assurances" and this statement must be mailed out no later than November 12, 1976. ; MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of ' Resolution No. 76-68, Revenue Sharing Title II P ati-Recessionary Funds. Motion passed unanimously by roll call vote. 0-6: Resolution No. 76-69 - Janitorial Contract for Kenai Community Library Mayor Elson read Resolution No. 76-69 by title, "a resolution of the Council of the City of Kenai authorizing the City Manager to enter into a contract with Christine Scares for janitorial services for the new library". Copies were available for the public. MOTION: I Councilman Ambarian moved, seconded by Councilwoman Mick, for adoption of Resolution No. 76-69, authorizing the City Manager to enter into a contract with Christine Scares for janitorial services for the new library at $300 per month commencing November 1, 1976 and terminating June 30, 1977. Councilman Ambarian stated he objected to entering into such a contract without proper insurance and also objected to hiring a person for just two days a week as the City should make more effort for up -keep on a new building. Mayor F1son requested that Administration provide Council with cost information for coverage and then these monies could be properly budgeted in the future. Motion passed by roll call vote with Councilman Ambarian voting no. J Am KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 Page Six G-7: Resolution No. 76-70 - Granting Utility Easements to Homer Electric Association Mayor Elson read Resolution No. 76-70, "a resolution of the Council of the City of Kenai granting certain utility easements to Homer Electric Association. Whereas, Homer Electric Association has requested certain utility easements, and Whereas, the Council finds it desirable to grant such easements at no cost in the interest of pro- viding utilities within the City, and Whereas, such easements will not necessitate any change in the use of the land on which granted or affect in any way presently projected plans for the use of such land. Now, therefore, be it resolved by the Council of the City of Kenai, as follows: (1) That the following easements are hereby granted to Homer Electric Association. a) The south ten feet of Lot 7, Etolin Subdivision, Kenai Recording District and b) A strip 20 fee in width crossing G.L.O. Lots 163, 164, and 170, the centerline being described as follows: Beginning at a point 11.6 feet N 600, 12' 45" W. from the Southeast corner of Lot 1, Block 6, Redoubt Terrace Subdivision, thence 8 210 52' E approximately 435 feet to intersect existing power line. (2) . That the city Manager is hereby authorized to execute all documents necessary to affect the foregoing." — MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 70-70, granting utility easement to Homer Electric Association. Motion passed unanimously by roll call vote. 0-8: Payment to Contractor - New Library Building Furnishina Mr Wise advised that Paul Timmerman Company had completed installation of the library shelving and main room furniture. There were a few items still to arrive. Administration recommended payment be made with 10% retainage. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for 00% payment to Paul Timmerman Company in the amount of $55, 007.16. Motion passed unanimously by roll call vote. G-9: Periodic Cost Estimate No. 9 - Kenai Community Library MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of Cost Estimate No. 9 to Coastal -Gamble, J.V. in the amount of $23,083 as recommended by Administration. After Council discussion on the "Flashing hold down clips"adjustment, it was the unanimous feeling of Council that this matter be resolved prior to payment. MOTION: Councilman Ambartan, with consent of second, restated his motion in that Council approve Cost Estimate No. 9, Coastal -Gamble, J.V. in the amount of $23,083 as recommended by Administration with payment to be made pending clarification on the flashing hold down clips problem. 'jJ KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 Page Seven Motion passed by roll call vote. Voting yes; Ambarian, Morgan, Glick and Elson. n Voting no; Whelan. Mayor Elson questioned the retainage fee of the architect and Mr. Wise stated he would invesitage the matter. RECONSIDERATION: Council unanimously approved immediate reconsideration. Mayor Elson directed Councilmen Ambarian and Morgan to look at the plans for the now Kenai Library Building and report to City Manager prior to payment to contractor. MAIN MOTION: Passed unanimously by roll call vote. 0-10., Periodic Estimate for Partial Payment - Brown Construction MOTION: Councilman Whelan moved, seconded by Councilman Morgan, for approval of periodic estimate for partial payment to Brown Construction in the amount of $157,378.01. Mayor Elson stated he would like to see that on all future documents the "signature" was completed under certification of architect or engineer. Motion passed by roll call vote. Voting yes; Whelan, Glick, Morgan and Elson. Voting no; Ambarian. 0-11: Periodic Estimate for Parial Payment - Interstate Company, Inc. MOTION: Councilman Whelan moved, seconded by Councilman Morgan, for approval of periodic estimate for partial payment in the amount of $162,458 to Interstate Company, Inc. upon signed certification of engineer. Motion passed by roll call vote. Voting yes; Whelan, Glick, Morgan and Elson. Voting no; Ambarian. 0-12: Special Use Permit - Kenai Air Service Mr. Wise stated a Special Use Permit was to allow Kenai Air Service the right to operate a direct telephone in the Kenai Airport Terminal building. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of Special Use Permit to Kenai Air Service to operate a direct telephone in the Kenai Airport Terminal building commencing on March 1, 1077 through June 30, 1977 for a total fee of $31.50. Motion passed unanimously by roll can vote. KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 Page Fight H. REPORTS H-1: City Manager's Report (a) Animal Shelter - Nearing completion (b) Well Project - 2,5001 of water line as been installed -- drilling to start some time this next week. (c) Sewer Treatment Plant - in process of changing service. (d) Snow removal - operation has been very successful with some complaints being received at City Hall. (e) Shooting Incident - at 2 a.m. , Officer Cordle was shot at by a passing vehicle -- the matter is under investigation. (f) Forest Drive a Beaver Loop construction - letter received from the State advising that their present plan of construction was the beat they could provide with the funding available. (g) Sewer Line to Grace Brethren Church - the City had made a prior commitment to provide a sewer line to the Grace Brethren Church off Tinker Lane -- the City to out for contract now and will contact Council for ratification of award of contract. (h) Application by Collier for water rights -- does the City wish to take a stand? It was the unanimous feeling of Council that the City administration draft a letter for Council review with regard to this matter. MAYOR & COUNCIL - QUESTIONS AND COMMENTS Council requested that some action be taken with regard to the many complaints being received from citizens on the berms the City graders are leaving in their drives. Elks Lease Status - Mr. Wise advised that the City had received no response from the Elks. Administration was directed to proceed on this matter without further delay. Sales Tax Sessions - Mr. Wise advised that the Finance Director was attending these sessions and monitoring the meetings. Financial Statements - Council requested a format be established showing the original budgeted amount as well as the adjusted budgeted amount. Mayor Flson suggested that perhaps this could be done a quarterly basis. 1 F ARM KENAI CITY COUNCIL, REGULAR MEETING, NOVFMRFR 3, 1976 Page Nine Annual Audit - Councilman Whelan requested that a report from the Audit firm be submitted to Council as nothing had been received to date and Councilman Whelan reminded administration that the audit firm was working for Council. Capital Projects Bond Monies - Councilman Whelan requested a financial statement on bond money expenditures as a great deal of capital projects had been approved. H72 City Attorney's Report Tidelands - the protestant had 30 days in which to appeal the decision and as he has apparanently chosen not to do so, the title is ready for conveyance. - H-3: Mayor's Report Mayor Elson, with Council concurrence, announced the appointment of Sharon Loosli to the Kenai Advisory Planning a Zoning Commission. Mayor Elson also stated that at the beginning of the meeting many items had been presented for Council consideration which should have been included in the packet delivery on Friday -- Administration was reminded of this requirement. H-4: City Clerk's Report ` None H-8: Finance Director's Report i None H-6: Planning a Zoning Commission's Report Councilwoman Glick reported that the Commission approved an application for construction by Kenai Air Service pending the submission of an updated lease form. Also, four subdivisions were reviewed and only three approved as the fourth was being developed for residential use and was zoned heavy industrial. H-7: Kenai Peninsula Borough Assembly's Report I Mayor Elson reported that among the items of business discussed at the Assembly meeting of November 2, 1976, Ord. 76-63 was scheduled for hearing December 7th; Mr. Bob Ross requested Assembly consideration for his claim for monetary reimbursement; the Borough Mayor advised that the position of Planning Director would be filled by December let. I, = . I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 0 1I 0 KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 3, 1976 MAYOR 6 COUNCIL - COMMENTS Page Ten Councilman Whelan inquired if the Finance Director would be in attendance at future meetings and was advised by Mr. Wise that he preferred that the staff did not attend the Council meetings. It was the consensus of Council that the Finance Director should be in attendance and Councilman Morgan stated that the Council should have an open communication with the Finance Director. Mr. Wise stated he would prefer that all questions be taken care of in a work session prior to the meeting. Councilman Whelan stated that it has been apparent throughout the entire state that the public has had the feeling that Council meetings and Assembly meetings should not be "cut and dry". Councilman Whelan also wished to go on record as to his displeasure that the Council had not received one report to date from the audit firm. There being no further business to be brought before the Council, Mayor Elson adjourned the meeting at I1:30 p.m. Respectfully submitted, a-, 0 a_ - 8u C . Peter, City Clerk I n y ' I CITY OF K13NAI ADMINISTRATIVE REPORT 04 Administration and Finance 1. Airport Study/Ordinance Last night the Airport Advisory commission met and they discussed the airport ordinance and the PRO Grant application for the ADAP study on the airport. During the meeting, we resolved the problems relative to the airport ordinance and the ordinance has been amended to delete certain restrictions on helicopter tako-off and landings barring them from the main runway. This, I believe, will meet the primary objections as expressed at the last Council meeting. The Commission also discussed the proposal from consultants relative to the PRG grant application. We were surprised at the requirements both in man-hours and in cost. I have prepared a letter pursuant to discussion to request additional infor- mation from the consultants and a revision of their proposal so that the Commission can make a more effective value judgement as to the proposal itself. 2. Revenue Sharing On the agenda ;s a resolution authorizing the Manager to enter into a "Statement of Assurances" to the Office of Federal Revenue Sharing pertaining to special revenue sharing anti -recessionary funds as a part of the recent Public Works Employment Act. At this time, we have no way of determining the amount of money that may be garnered by the City. It to noted that the program only lasts for five quarters and to a special "one time" funding. Upon receipt, of course, the Council will be advised of the funding level. 3. Police Car Bid A resolution on the agenda provides for the award of bid for a police car. The recommendation to for award to purchase a Chevrolet Nova. It appears that the cost shall be under the appropriated sum. The only questionable area on the bid to the actual amount of freight which may perhaps exceed the $5,000 limitation. However, such is doubtful. This has been reviewed both by the Police, who sollcitated the bids, and the City Shop as to the value of the various vehicles submitted by several vendors. We had four bids and this by for to the best bid for the purposes of the Police Department. FI ADMINISTRATIVE. REPORT #4, Page Two r'1 4. Janitorial Contract - Kenai Community Library A resolution on a Janitorial Contract for the new library is attached authorizing us to enter into a contract for janitorial services for the new library facility. The contract is not as we would specifically desire, however, its the beat that we can afford at this particular time within the availability of funds. What I am specifically relating to here is that we are unable to require the insurance protection that we would normally expect of a vendor. However, to obtain this means that, of course, that our costs would also increase and obviously exceed the available funds. b. Street Lights _ On the agenda is an ordinance providing for reeeipted revenue of the street lights funds which we will be reimbursed for by the State and also for appropriations of almost all of the monies. We must appropriate funds to provide for the maintenance of the street lights. Additionally, we have determined we are actually under -budget for the utilities costs of the street lights not only on the Spur but in our residential areas. This is why we have included such a sum in the utilities portion of this particular ordinance. 6. EDA Inspector's Contract In making contact with EDA, it was determined that it would not be feasiblo to obtain a direct contract with Mr. Pehrson for the inspection of the well and transmission line. We have, therefore, placed him on a temporary hire and are paying him directly from the EDA Capital Improvement Project as a regular employee. The reason we could not pick him up as a contracted inspector is because of the inability that he would have to obtain the required insurance. To obtain such would have required a tremendous increase in cost for him and, therefore, for the City. 7. Bills for approval and ratification We have a number of large bills that will be listed on the form for approval and ratification. I have reviewed them all and all are, while large, appropriate from a variety of items for the library to the garage -- recap tires for instances and all have been properly appropriated. Additionally, it should be noted that there are several specific requests for payment relative to major construction projects. S . EDA Water Storage Reservoir We have submitted the application for the water storage reservoir to the Seattle office of EDA. Hopefully, we will obtain approval of that project. ADMINISTIiATIVI: REPORT #4, Page Three 1 J) Department of Public Works P 1. EDA Water Well and Transmission Dine Activity is proceeding at a relatively rapid pace with the erection of the drill rig and considerable line for the transmission line has been laid including ' now operating on the south side of the Spur Highway approaching the Well House No. 1. 1 2. Snow Removal I Snow removal has moved rather well. Attitude by the public has been relatively good. Normal complaints are being received from apartment owners and certain business owners relative to the berms which we are forced to leave in front of their property. While those are not planned or designed, we regrettably, ` in moving through as fast as reasonably safe and efficient are forced to leave certain berms. Since this is private property we have no "right of entry" and we also simply do not have the capability of re -running the streets or slowing down to make a more positive effect in plowing the streets. The Department of Public Works report is abbreviated because of the continuing efforts by the Department to work on the streets in their plowing efforts and other problem areas which are normal to City activities More data will be presented by the Manager at the Council meeting. i John E . Wise, City Manager JW: sp f 4