HomeMy WebLinkAbout1986-08-28 Council Minutes - Special MeetingjAN
CITY OF KENAI .:
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NOTICE OF SPECIAL MEETING
There will be a special meeting of the Kenai City Council on
Thursday# August 28# 1986 at 6:00 PM in the Council chambers.
To be discueseds
Candidates for the October 7f 1986 election
The public is invited to attend.and participate.
IJanet Whelan, CMC
City Clerk
DATED] August 259 1986
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KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES
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AUGUST 289 1906 - 6tOO PM
KENAI CITY HALL
MAYOR TOM WAGONER PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Tom Ackerly, Sally Baillo, Joao Hall, Ray Measles,
John Wiest Tom Wagoner
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Absents Chris Monfor (excused)
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SUBJECT# Candidates for Oct. 7, 1986 Election
Clerk Whelan noted she had distributed a memo to Council to
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explain her position and offer possible solutions. Atty.
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Rogers noted for the record he had distributed copies of his
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memo pceviouely distributed. Mayor Wagoner said, after
reading Clerk Whelan's memo and Atty. Roger's packet,
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Council has to determine if - as a Council -they wish to
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direct the Clerk to put the candidates on the ballot or
not.
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MOTION:
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Councilwoman Bailie moved, seconded by Councilman Ackerly,
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to return the three names to the ballot.
PUBLIC COMMENT:
None
Councilwoman Bailie said she celled APOC and the Atty.
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General's office in Juneau. Both offices gave the
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impression they were concerned with State, not
municipalities. In reply to Atty. Roger's memo, she felt an
emergency existed. When we start taking the people's choice
away from them, it constitutes an emergency. When the
candidates file in good faith, Council should treat them
that way. She suggested doing this be emergency ordinance.
Mayor Wagoner said if that is what Council wants, they only�_..�-
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have to direct the Clerk. An emergency ordinance is not
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needed. Councilwoman Bailie said in reviewing the Code
for rules made by the Director of
regarding rules elections,
Elections shell apply to cities where they are applicable.
"The City Clerk shall have duties in regard to City
elections." Dose that cover any legality? Mayor Wagoner
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replied, City regulations do not take precedence over State---
law. Councilwoman Bailie said when we start talking about_'
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Conflict of Interest and APOC, we are talking about
situations that do not apply if there are more than 19000
people Communities have the option of opting out of this.
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This is eomethin gwe should be able to handle in-house.
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M&AI CITY COUNCIL
AUGUST 28, L986
Page 2
Mayor Wagoner said communities have the option to opt in
or not, Kenai decided to opt in. We can opt out if we wish
to. Councilman Visa said he agreed with Councilwoman
Sallie. There is a problem. No matter whose problem it ie,
the people have to be served. The candidates should have
the opportunity to be on the ballot, the people have the
right to vote. He suggested extending the filing period to
Sept. 4, or instruct the Clerk to have a complete ballot.
He would prefer extending the filing period because it would
enable all the public to participate. An emergency
ordinance would not affect the Code and would be cleaner.
Mayor Wagoner said he looks at this ae the law and the
letter of the law says the Conflict of Interest form had to
be in by Aug. 15. But if the State passed a goat belt low,
how would they enforce it? The Clerk hoe done this
differently and allowed time, precedence has been
established. Just because it was done in the past does not
make it legal.
Council Measles requested abstaining from the vote as he is
a candidate.
VOTE (Pealed):
Motion passed unanimously with Councilman Measles
abstaining.
Mayor Wagoner asked, how do we return the names to the
ballot? He is not sure if this falls under an emergency
ordinance. Atty. Rogers explained, you cannot abrogate
State low by ordinance. The method of accomplishment will
not be that significant, the significance is whether or not
you demand the names be put on the ballot. Mayor Wagoner
asked for concurrence of Council to direct the Clerk to
reinstate the names to the ballot.
Council agreed.
ADJOURNMENT:
Meeting adjourned at 6:20 PM.
AIJA1140
tenet Whelan
City Clerk
AMOVEp By COUNCIL
DATE C