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HomeMy WebLinkAbout1982-08-18 Council Minutes"- - - - - .. AGENDA KENAI CITY COUNCIL - PEGULAR MEETING AUGUST 18, 1982 - 7:00 PM 6:00 - Interview, Andy Sarisky - City Attorney Position PLEDGE OF ALLEGIANCE A. ROLL CALL I. Agenda Approval S. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Steve Crites - Development of Property on Borealis, off Lawton/Tinker C. PUBLIC HEARINGS 1. Drainage Study - Quadra Engineering 2. Ordinance 787-82 - Amending Kenai Municipal Code - Except Subdivisions Prepared by City and Allow Subdividers to Post Security other than Surety Bond or Check 3. Ordinance 791-82 - Amending Kenai Municipal Code - Improvement Districts 4. Ordinance 792-82 - Amending Kenai Municipal Code - Control of Legislative Transportation Accounts 5. Ordinance 793-82 - Amending Kenai Municipal Code - Provide for Dedication of Monies from Sale of City Lands 6. Ordinance 794-82 - Amending Kenai Municipal Code - Provide for Deputy City Clerk a. Resolution 82-62 - Deputy City Clerk 7. Ordinance 798-82 - Amending Kenai Municipal Code - Adopt National Fire Code 8. Ordinance 800-82 - Amending Kenai Municipal Code - Oil & Gas Well Regulations 9. Ordinance 801-82 - Increase Rev/Appns - Ft. Kenay Restoration - $2,000 10. Ordinance 802-82 - Increase Rev/Appns - Airport ' Fencing - $120,000 11. Resolution 82-82 - Request Kenai Peninsula Borough Reduce Sales Tax 18 Across -the -Board 12. Resolution 82-83 - Transfer of Funds - Electricity to Senior Citizens Center - $9,402 13. Resolution 82-84 - Transfer of Funds - Senior Citizen Project, Segregating Accounts - $1,677 14. Resolution 82-85 - AecePting State Municipal Aid - $1,113,433.92 15. Resolution 82-86 - Transfer of Funds - Small Equipment Warehouse Utilities - $2,400 16. Resolution 82-87 - Transfer of Funds - Change Order #1 to Quality Asphalt - lst, 4th, Birch - $13,633 a. Change Order #1 17. Resolution 82-88 - Transfer of Funds - Change Order #9 to Quality Asphalt - Lawton, Tinker, Walker, Rogers - $1,540 a. Change Order #9 D. MINUTES 1. Regular Meeting, Aug. 4, 1982 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance $03-82 - Amending Kenai Municipal Ca•?e - Elections Code 4. Ordinance 804-82 - Increasing Rev/Appns Change Order $1 to Quality Asphalt - 2nd, 3rd - $10,000 S. Ordinance 805-82 - Increasing Rev/Appns - Engineering/Inspection Contract prior: Lo Award of State Grant - 2nd St.. - $26,000 a. 2nd Reading 6. Ordinances $06-82 - Increasing Rev/Appns - Water i Sewer to Candletight/Linwood - $1,792,354 7. Ordinance 807-82 Increasing Rev/Appns - Ryans Creek Park - $50,000 Ft. Kenay Restoration - $50,000 S. Ordinance 808-82 - Increasing Rev/Appns - Gymnasium - $900,000 , 9. Ordinance 809-82 - Increasing Rev/Appns - Replace Shop Pick -Up - $14,764 REPORTS i 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning a Zoning 7. Harbor Commission 8. Recreation Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD r ADJOURNMENT 3 KENAI CITY COUNCIL - REGULAR MEETING, MINUTES AUGUST 18, 1982 - 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Wagoner, John Wise, Vincent O'Reilly, Betty Glick, Ron Malston, Ray Measles Absents None Jess Hall appointed to fill vacancy. AGENDA APPROVAL 1. Mayor O'Reilly asked the Council to consider nominees for the vacancy on the Council. 2. Mayor O'Reilly asked that Resolution 82-89, passed out this date, urging Kenai Peninsula Borough to support• school bond issues including a new auditorium for Kenai Central High School and pledging $250,000 for this purpose, be listed as item C-1. 3. Mayor O'Reilly asked that Resolution 82-90, passed out this date, urging Gov. Hammond to include $2.75 Million in the 83-84 budget for apron extension at the Kenai Municipal airport, be listed as item C-18. 4. Mayor O'Reilly said Councilwoman Glick asked that 2 motions, regarding water & sewer to Candlelight/Linwood and McKinley, Haller, Evergreen areas; and Resolution 82-91, passed out this date, award of contract for engineering design & services to Trans -Alaska Engineering on 2nd St., be listed as item G-10. 5. Mayor O'Reilly noted item G-3, Ordinance 803-82, amending KMC, Elections Code, has an amended ordinance passed out this date. Council agreed to the changes as requested. APPOINTMENT TO VACANT COUNCIL SEATS MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to have an election to fill the seat recently vacated by Dick Meuller. Councilman Wise said he did not feel it was appropriate at this time to have an election. Council has not re- ceived any suggestions or done any soiiciting. He would encourage all interested persons to apply. VOTE (passed)s Yess Wagoner, O'Reilly, Glick, Malston, Measles Not Wise MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to nominate Jess Hall. Councilwoman Glick said Mr. Hall was recently a Council member. Due to a recent illness he had to resign. He has attended recent meetings of committees and Council. KENAI CITY COUNCIL AUGUST 18, 1982 Page 2 MOTIONS Councilman Wagoner moved that the nominations be closed. Motion passed by unanimous consent. Councilman Wise said he objected to the nomination on principle, not of the person. VOTE (Passed): Yes; Wagoner, O'Reilly, Glick, Malston, Measles No: Wise Oath of Office was administered to Jess Hall by Clerk Whelan. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Steve Crites - Development of Property on Borealis, off Lawton/Tinker Mr. Crites said he was requesting water and sewer stub out main line and curb radius for Borealis. He has 4 lots and Hilton/Bell has 3 lots. The people living there have no objections to his request. He had not investigated costs. Councilman Wise noted 1/2 of the Bell property is dedicated for street, is Mr. Crites' property also dedicated? Mr. Crites replied, one man in the area - Mr. Crow - may object since it will assess his property. Council- woman Glick said Mr. Crow did recently subdivide his lot and has a cut de sac there. There is no dedication on Borealis. Mr. Crites said he had a 301 easement. Mayor O'Reilly asked if had been to P&Z or the City. Mr. Crites replied no. Councilman Wise said the plat has been approved, he is asking for the same thing everybody else is asking for. This will require a change order. We will have to tear up a paved street. Councilman Wagoner said it should go to P&Z first and have Administration take a look at it. Public Works Director Kornelis explained, Crow Sub- division is next to this. Borealis has a 20' right- of-way. The City has not received any indication of the work being done on this subdivision. Borealis has a 25' easement, they will need a 50' easement to make it as wide as Steelhead St. next to it. It will take part of Crow S/D and he will have to pay assessments. MOTION: Councilman Wise moved, seconded by Councilwoman Glick, to direct Administration to obtain the necessary estimates to perform the work requested, namely: street cut and water & sewer main extension to the road. Mr. Kornelis said the contractor is starting work on this project and will do the paving. We will need direction as to curb cuts. Councilwoman Glick asked, will it be less expensive to do curbs at this time then to put paving in and then go back and rip it up for road expansion? Mr. Kornelis replied, no, they will have to bring a crew back to do the work. They have moved the crew out. He thought the water & sewer stub -out was done. Councilman Measles asked, did we have Lhe same situation on the other side of Crow Subdivision? Mr. KorneliS repl.ed yes, he was asked r ar KENAI CITY COUNCIL AUGUST 18, 1982 Page 3 to give on that side also. Councilman Measles said it has got to be cheaper to do now than to tear up later. Councilman Hall said it depends on whether the City is responsible. If this was brought to the Council before it was done, it'sa City responsibility. If it is brought in afterwards, it is not. Council- woman Glick noted we set a policy when we paid for Crow SID. Councilman Measles said if it is a dedi- cated street, we have set .a policy. City Manager Brighton explained that when the City started this i project, they had hearings. At that time there was no mention of Crow SID or this particular subdivision. j Therefore, engineering design on this project was put together and finalized. It would appear the City was at fault, that is not the case at all. we -- were not provided with the necessary information. iWe hope to resolve this type of problem in the future. At work sessions we have set dead lines for preliminary i plat, if not they will shoulder the expense. ' MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Measles, to amend the motion to direct Administration to proceed immediately to correct the problem to install water & sewer stub out and correct curb cuts. Mr. Kornelis said this could be done at a later date. The contractor doing the road work could do it at that time. Councilman Wise said, more important than the curb cuts is, has water & sewer been put in Borealis and Steelhead Court. After a short recess, Mr. Kornelis reported regard- ing the stub outs into Borealis, There are none there. Councilman Hall asked, how far are they from paving? Mr. Kornelis replied, they should be on the streets the end of this week. Councilman Hall asked, is there anyone available to put in the stub -outs now? Mr. Kornelis replied, he would not advise it because we would be giving up a guarantee. We have to hold pressure on the lines for a certain amount of time. Normally it is their improvement till we accept it. We won't accept it till it is complete. He added, this is an existing line we are tapping off of. We have not been testing the line. City Manager Brighton explained if we run another contractor on another contract job, we subject ourselves to him being able to avoid responsibility for the project. It will not be inexpensive, it will cost substantially more than normal. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C. PUBLIC HEARINGS C-1 Resolution 82-89 - Urging the KPB Assembly and the voters Throughout the Borough to Support School Bond Issues that will be on the October Ballot which includes a New Auditorium for KCHS and to which the City Intends to Dedicate $250,000 for Said Purpose. KENAI CITY COUNCIL AUGUST 18, 1982 Page 4 MOTIONS Councilwoman Glick moved, seconded by Councilman 14alston, to adopt the resolution. Councilwoman Glick noted there is only $214,984 in the fund, the resolution says $250,000. MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Glick, to amend the amount to $214,984. Councilwoman Glick noted Atty. Delahay's men.. recommended-tak*ng-the-d fterencie from other monies. Oki 5, MOTION, Withdrawal: Councilman Wise, with consent of second, withdrew his motion. Atty. Delahay explained, he sees no problem in using City funds, but he sees a problem with using bond funds. The resolution the voters approved was to plan, acquire, install and equip. Acquire means for one's own. The voters intend the City to own it, the City will not own it. He would recommend the resolu- tion as presented not be passed, it might interfere with bonding. He added, if bonding is approved in the 1982 election, we would have funds now, 2 years from now we may not. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Malston, to amend as recommended by Atty. Delahay. In the 3rd WHEREAS, 1st line, strike "remaining" and add "is willing to make available." At end of 1st line and beginning of 2nd line, strike "a previous bond issue" and insert "Capital Improvement funds." In paragraph beginning "NOW THEREFORE---", 2nd line, strike "remaining in an old bond---" and insert "from," add "s" to "fund." In 3rd line, put comma after "passed," 4th line, delete "by the original Resolution No. 71-12." Councilman Wise said these monies had been approp- riated years ago in a much larger sum. Some was used for the library and for this building. Regard- ing the word "acquire," this money could stand around forever unless we expend it. The amendment is not necessary. The intent of the original vote was to provide facilities. We are nit-picking" on the word. Councilman Malston said this does not preclude us from using bond funds. This just says we are donating funds. Councilwoman Glick added we are just saying we will provide money, not from where. City Manager Brighton noted the amendment says Capital Improvement Funds. Councilman Wagoner said he was against the amendment because: a. The Borough unanimously approvedthe high school auditorium. The question of money is not foremost in their minds. b. The State is providing 90% of school buildings. The Borough will make money on the financing. Why should we have the Borough make money on their funds? KENAI CITY COU14CIL AUGUST 18, 1982 Page S C. Why should the City have the responsibility of providing funds for an auditorium? We should not use City money when the State and Borough should be handling it. Councilman wise noted by leaving this as is, the citizens have the, right to file a law suit. We could change at the appropriate time. It is not an appropriation, just a resolution. We can substitute funds if there is any legal objection. if there is no objection, we will get rid of the funds. Vice Mayor Glick took the chair. Mayor O'Reilly said he supports the resolution and feels the amendment is in order. As for the bond issue, he agrees with Councilman wise. Though it does get into areas of legal question, usually at the end of a bond statement, that allows a little movement. Mayor O'Reilly resumed the chair. -- Councilwoman Glick said the resolution can be changed at any time, we need to retain the integrity of the original intent. == VOTE, Amendment (Failed)-. Yess Click, Malston Nos wagoner, Wise, O'Reilly, Measles, Hall PUBLIC C0IQ4ENTs 1. Chris Monfor. She wished to thank the Council for the gesture. The publicity has been great, even if we do not get the money. If this bond issue goes down, we will not see an auditorium for a long time. The auditorium will be an educa- tional boost to the children and will help the r )r� City. We can bring conventions, shows, etc., to the City. They hope Council will support the resolution and go out to support the audi- torium. Councilman Wise asked Mrs. Monfor, -_; what was her opinion as to why the last bond �:- issue failed? Mrs. Monfor replied, they had asked for an 800 seat auditorium, when they went to the School Board, there was little study done on the proposal. They said they would like a 1000 seat auditorium. There were no schematics. The Assembly said they _ wanted a 1200 seat auditorium. There were no architectural plans, no schematics, and many additions that are not on the ballot this time. She felt the ballot proposition n� was misleading. Councilman Wise added, they did not identify the other costs in addition to the auditorium. Mrs. Monfor said this one is identified. It was passed by the Assembly in a resolution that it will be identified. They are funding for an auditorium and special ;,j services for kids. 2. Carmen Gintoli. There has always been a desire i for an auditorium. This will not be what the people want. He objects to using this money for a school auditorium. We should not use our money to maintain the high school. M KENAI CITY COUNCIL AUGUST 18, 1992 Page 6 3. Ozzie Osborne. He didn't feel the City should put any money into the high 6,.;hool. It is not City business to help pay for this type of thing. The City has other places to put money. Take it back to the people and let them vote on it. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Glick, to amend the resolution to leave the amount at $250,000, on the 3rd WHEREAS, change the amount from $250,000 to $214,984 on line 1. On line 2, after the words "bond issue," add "plus $35,016 from Capital Improvement Funds---". In the NOw THEREFORE clause, line 4, after "Resolution 71-12" add "and $35,016 from Capital Improvement Funds --- At end of paragraph add "if bond is approved in 1982 election." VOTE, Amendment (Passed)s Yess Wise, O'Reilly, Glick, I4alston, Measles, Hall Nos Wagoner Councilwoman Glick said the reason why the City got into this is there was some problem with the Borough ± regarding this. Several members of Council felt if they would cut something, we would make a concerted ;•' effort to convince them to retain these things. There was a movement afoot 2 years ago for a convention facility, there is nothing now. If we are going to have an auditorium, we need a full fledged one. We ; will have to be realistic that this is not in the cards at this time. Also, our bond issue in the past has been shot down, this says we are as sincere for an a auditorium as other areas are. Most people she has come in contact with do not wish to put in monies but feel this is a great psychological boost. There was a large amount of people at the meeting last u night from Homer supporting this. It seems to heve wide -spread support. Councilman Wise said he has received calls that feel this is a regrettable action by the City. He felt it needed a full public hearing. Some people feel it puts City'against City. We should ' be prepared to follow up with an appropriation to ensure proper presentation of the ballot. We made i a mistake last year when we did not send out a correc- tion of the ballot. Councilman Measles noted if the City were able to apply the remainder of the funds to the facility owned by Kenai, we will have to maintain it. VOTE, Main Motion as Amended (Passed)s Yess Wise, O'Reilly, Glick, Malston, Measles, Hall Nos Wagoner C-la Drainage Study - Quadra Engineering Jim I4aclnnis, Quadra Engrg., spoke. The study was broken down bys a. Existing drainage conditions b. Design criteria c. Problems and solutions ' d. Alternative improvements He introduced Karen Westenfeld and Howard Holtan from Quadra. Councilman Hall asked if the infiltration system he recommended had been used much in Alaska. JSf( KENAI CITY COUNCIL AUGUST 19, 1982 Page 7 Mr. Macinnis replied yes, there are 2 in Kenai. The bottom must be below frost level. As long as 4` the soils are right, the cost is better. Council- man Hall asked Public Works Director Kornelis if he had seen the one in Northgate. Mr. Kornelis replied, no, that one is not put in properly. We have 2 smaller ones. We also have quite a few infiltration ditches. 4th St. has worked real well. Councilman Wise said his concern is when TAMS talked about the bluff, they pointed out a great deal of erosion is from clay layer. Based on the map, infiltration systems may compound the problem in the bluff area. Mr. Macinnis replied the concerns are valid. An infiltration system attempts to imitate natural drainage. Use will not increase the amount of drainage. Infiltration devices on Spur are far enough from the bluff they will not make any apprec- iable difference. Before the City does many, he suggested they should try one for a prototype. A large amount of cost difference warrants trying this. ' Councilman wise asked, how much physical area is 1 required? Mr. MacInnis replied, they have preliminary l designs of 200-300 sq. ft. It could be on the State right-of-way on Section 36. Councilman wise said the problem is we would not have the amount of area in normal right-of-ways. If we put it in yards of people they would be upset. Do we have enough land in right-of-ways to provide an appropriate system? Mr. Macinnis replied he didn't know. it depended on soil in the particular area. Based on existing soil reports, the City has permeable soil. Site Specific may be different. From the ground you will only see the man hole lid and catch basin lid. It could be planted on. Councilman Wise asked if it could be put in the roadway. Mr. Macinnis said no. Mainten- ance on infiltration would require tearing up the road. Councilman Wise noted all the land in the area is private, how will we get this land? Mr. X Macinnis explained in a 60' right-of-way you have 15' on each side. That is enough on the road way. Councilman Wise asked, how could we get developers to put in a system of 5 acres? Mr. MacInnis replied in experience in other cities, in some cities, drainage is City responsibility, in other, the developer pays a percentage. In general the lower cost of infiltra- tion devices would make it desirable. Councilman --- Wise noted the City will consider engineering on 2nd St. tonight. Should we require infiltration on that _ system? Mr. Macinnis replied any developer should consider drainage. Councilman Hall asked, this will be $200,000 on Section 36? Mr. MacInnis replied, for the devices themselves. In undeveloped areas, there are many alternatives. His projections on development of Section 36 gave them 24 devices, or $220,000. Council- man Wagoner asked, if it was done at the higher cost, what would they do to the amount of ground water going out the bluff? I4r. MacInnis said that has more . . • to do with the amount of water and the amount of development. Their report feels it would not be a sig- nificant amount of difference. He noted if you block off all the water it may be more unstable. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to acknowledge receipt of the preliminary report from Quadra Engineering dated August 1982. KENAI CITY COUNCIL AUGUST 18, 1982 Page 8 Motion passed by unanimous consent. C-2 Ordinance 787-82 - Amending Kenai Municipal Code - Except Subdivisions Prepared by City and Allow Sub- dividers to Post Security other than Surety Bond or Check MOTION s Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 791-82 - Amending Kenai Muncipal Code - Improvement Districts MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Ordinance 792-82 - Amending Kenai Municipal Code - Control of Legislative Transportation Accounts MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. VOTE, (Passed) s Yess Wagoner, O'Reilly, Glick, Malston, Hall Nos Wise, Measles C-5 Ordinance 793-82 - Amending Kenai Municipal Code - Provide for Dedication of Monies from Sale of City Lands MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. VOTE (Paosed)s Yess Wise, O'Reilly, Glick, Malston, Measles, Hall Nos - Wagoner C-6 Ordinance 794-82 - Amending Kenai Municipal Code - Provide for Deputy City Clerk MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. KENAI CITY COUNCIL AUGUST 18, 1982 Page 9 There was no public comment. VOTE (Passed)s Yess O'Reilly, Glick, Malston, Measles, Hall Nos Wagoner, Wise C-6a Pesolution 82-62 - Deputy City Clerk MOTION Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. City Manager Brighton noted this appoints the secre- tary to the Attorney to act as Deputy City Clerk. Should the Council decide to hire a firm, this will be moot. VOTE (Failed): Yess O'Reilly, Glick Nos Wagoner, Wise, Malston, Measles, Hall C-7 Ordinance 798-82 - Amending Kenai Municipal Code - Adopt National Fire Code MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved to amend the ordinance to read, page 2, 8.05.010(a), delete the (a) designations and (b), delete the whole section. Motion failed for lack of a second. Motion passed unanimously by roll call vote. C-8 Ordinance 800-82 - Amending Kenai Municipal Code - Oil 6 Gas Well Regulations MOTION f Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the ordinance, to read in the 1st sentence, after "Ordinance 123-67" add "as super - ceded by Ordinance 508-79." Also, page 2, last paragraph, last 4 lines, delete "or such longer period of time as the City Manager may find reason- able under the circumstances" and keep in the one year period as listed in the last line. Also, page 3, 1st line, keep in the words "public resolution" and delete "Manager" and keep the word "Council." Also, page 3, Section 4-1, line 3, change the word "Manager" to "Cuun.;il." I , I •r. J KE'NAI CITY COUNCIL AUGUST 18, 1982 Page 10 Councilman Wise explained Ord. 123 was intended to be replaced by Ord, 508-79. 508-79 was incorrectly I`I i, drafted to 122. It should be 123. The reason he 3 is, is concerned about the language in Section in for an indefinite period these wells could be shut of time without review. The lands lie under public and private land. These people have no knowledge of { their intentions. They should come to Council with a proposal why the shut-in is necessary. It needs public review. This is Council responsibility. The • last resolution on shut-ins was Jan. 1991, if the ordinance had been complied with, they should have been sealed as of Jan. 1982. Sealing a well is an expensive proposition. The City has a contract for gas rights. The City should modify the contract to - give us further protection. If the City Manager sets the fee, they would come to Council. The City jManager should come to Council and have a public till hearing. If this passes, we may never be told I the gas starts flowing. If we save Union Oil O'Reilly $1/2 Million, we could negotiate. Mayor noted there were 2 representatives from Union Oil present and asked if these changes were acceptable to them. Larry Vavra, Union 04.1. Initially his reaction is they have no problem. Their original intention was i to update the regulations. We had no intention to mislead or conceal. If Council feels we should come to them, he has no problem. Their problem is in California on permits. Mr. Vavra introduced Larry Cuddy of Union Oil. VOTE, Amendment (Passed). Yess Wise, O'Reilly, Glick, Malston, Hall _,. Nos Wagoner, Measles s =� VOTE, Main Motion As Amendeds ;'.. Motion passed unanimously by roll call vote. Councilman Wise said Ord. 508 required an annual statement. The last resolution was Jan. 1981 pro- viding an extension to 1982. They are late on their request. City Manager Brighton explained they had made their request and asked for purchase of the real estate. He and Atty. Delahay are negotiating the sale and thought this was not necessary. Union Oil is not at fault. Councilman Wise said it does note make any difference if the well is on City, private., or Govt. land. This still governs. Also, N2 needs the same provision. Councilman Wagoner said we just passed an amendment that makes Council responsible. We are absorbing the responsibility of the City Manager. C-9 Ordinance 801-82 - Increase Rev/Appns - Ft. Kenay Restoration - $2,000 140TION s Councilman Malston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-10 Ordinance 802-82 - Increase Rey/Appns - Airport Fencing - $120,000 a KENAI CITY COUNCIL AUGUST 19, 1982 Page 11 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-11 Resolution 82-82 - Request Kenai Peninsula Borough Reduce Sales Tax 1% Across -the -Board MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the resolution to read, after the 3rd WHEREAS paragraph, a paragraph be added to read, WHEREAS, no data has been developed or provided the cities or the Borough as to the effect of, such a change, and." Also, next WHEREAS paragraph, line 1, delete the word "any", strike the "s" from "taxes", add "revenue." Also, same paragraph, line 2, delete "would necessarily" and add "could." Also, the paragraph beginning "NOW THEREFORE", line 2, change the word "defeat" to "defer action on". Also add at the end of the sentence, "till factual data as to what the results would have been in recent years by quarter to whit, 1979, 1980 6 1981 and obtain or extend the loss for 1982." Also, page 2, line 2, add the words "revenue from" after the words "lower the." City Manager Brighton said data has been furnished to us from the Borough Finance Director that this would deprive the City of $76,000 per year. Councilman Wagoner said he had no trouble with the resolution except the request for information. Councilwoman Glick said we cannot get information readily. She asked Finance Director Brown if we are currently re- ceiving sales tax information. Mr. Brown replied no. The Borough did a special study for this information. When we receive our check, we do not receive any in- formation. Councilman Wise said if we could eliminate the sales tax on oil, electricity and gas, and it was marginal, he might support it. But his objection is it is not available. He would like to force the Borough Assembly to get it on a quarterly basis. He does not want to go to the Finance Director. VOTE, Amendment (Passed)s Yess Wise, O'Reilly, Glick, Malston Not Wagoner, Measles, Hall VOTE, Main Motion as Amended (Passed)s Yess Wise, O'Reilly, Glick, Malston Not Wagoner, Measles, Hall C-12 Resolution 82-83 - Transfer of Funds - Electricity to Senior Citizens Center - $9,402 4 •I a !. a KENAI CITY COUNCIL AUGUST 18, 1982 Page 12 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to ad^ot the resolution. There was no public comment. Motion passed by unanimous consent. Vice Mayor Glick took the chair. C-13 Resolution 82-84 - Transfer of Funds - Senior Citizen Project, Segregating Accounts - $1,677 MOTIONS Councilman Ralston moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-14 Resolution 82-85 - Accepting State Municipal Aid - $1,113,433.92 MOTIONS Councilman Ralston moved, seconded by Councilman Measles, to adopt the resolution and amend the resolution to read, under PROJECT, add "water sewer" after $'road improvements." Councilman Wise said he would rather use this money for a library addition and use other money for this. Motion passed unanimously by roll call vote, Mayor O'Reilly was absent. C-15 Resolution 82-86 - Transfer of Funds - Small Equip- ment Warehouse Utilities - $2,400 MOTIONS Councilman Ralston moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman Wise said he didn't like taking money from Contingency, but from Public Works. VOTE, (Passod)s Yess Wagoner, Glick, Malston, Measles, Hall Nos Wise Absents 0' Reilly C-16 Resolution 82-87 - Transfer of Funds - Change Order ill to Quality Asphalt - lst•,4th,Birch - $13,633 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. i 1 1 i a 2--- KENAI CITY COUNCIL AUGUST 18, 1982 Page 13 There was no public- comment. Motion passed by unanimous consent. C-16a Change Order #1 MOTION: Councilman wagoner moved, seconded by Councilman Malston, to approve the change order. Public Works Director Kornelis explained the nav- igational aids were affected and had to be worked on. Motion passed by unanimous consent. C-17 Resolution 82-88 - Transfer of Funds - Change Order #9 to Quality Asphalt - Lawton, Tinker, Walker, Rogers - $1,540 MOTION: Councilman Measles moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-17a Change Order #9 MOTIONS Councilman Wagoner moved, seconded by Councilman Malston, to approve the change order. Motion passed by unanimous consent. C-18 Resolution 82-90 - Urging Gov. Hammond to Include $2.75 Million in the 83-84 Budget for Apron Extension at the Kenai Municipal Airport NOTION: Councilman Wise moved, seconded by Councilman Malston, to adopt the resolution, amending the resolution to add the following paragraph after the 7th WHEREASs WHEREAS, the City of Kenai, in 1981 applied through the Dept. of Transportation to the FAA for ADAP funds for this projects and while approved for funding, this project is in competition with other State Airport projects, and GENERAL DISCUSSION: Councilman Wagoner said he thought Council had made an agreement that no resolution or ordinance would be brought before them at Council meetings. He will vote against this and vote next time. Councilman Wise explained the reason he asked for this is Anchorage Mayor Knowles and Gov. Hammond are asking for several million dollars for Anchorage. Rep. Malone said we should ask for anything as soon as possible. 2 items we have are ramp repair and ramp exit extension. We cannot lose any more by trying. Vice Mayor Glick asked City Manager Br4ghton .� KENAI CITY COUNCIL AUGUST 18, 1982 Page 14 if he had any comment. resolution is good and VOTE (Passed): Yess Wise, Glick, Mali No: Wagoner Absent: O'Reilly C-12 RECONSIDERATION City Marager Brighton asked for a review of Resolution 02-83. The $9,402 .charge is for 145' of line to put electricity to the Senior Citizen Center. He felt this was ridiculous. MOTION, Reconsiderations Councilman Wise moved, seconded by Councilman Measles, for immediate reconsideration of the motion. Motion passed by unanimous consent. Councilman Wagoner asked, is this an overhead line? Public Works Director Kornelis replied, this is buried line and trar...sformer. Councilman Wagoner said generally they expect the customer to pay in advance, but that is an exhorbitant amount. Councilman Hall noted it is customary to charge the customer a portion. Councilman Measles asked, what size transformer? Architect Gintoli said it is similar to the one at City Hall. City Manager Brighton added, the cost is $2,500, but the transformer remains theirs. Councilman Wise asked for a cost break out on costs. VOTE (Failed): Yess None Not Wagoner, Wise, Glick, Malston, ?Measles, Hall Absents O'Reilly D. MINUTES D-1 Regular Meeting, Aug. 4, 1982 Clerk Whelan noted page 14, item G-15, in the vote, the Yes vote should be Wagoner instead of Wise. MOTIONS Councilman Pleasles moved, seconded by Councilman Wagoner, to approve the minutes as corrected. motion passed by unanimous consent. Mayor O'Reilly resumed the chair. E CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. . KENAI CITY COUNCIL AUGUST 18, 1982 Page 15 Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 Council agreed to put this aside till City Manager Brighton looked into the HEA billing. G-3 Ordinance 803-82 - Amending Kenai Municipal Code - Elections Code MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance, as amended by the ordinance submitted this date (8-i8-82). Atty. Delahay explained in reviewing the ordinance with Clerk Whelan, there had been some technical corrections made to conform with current State Statutes. Motion passed by unanimous consent. G-4 Ordinance 804-82 - Increasing Rev/Appns - Change Order $1 to Quality Asphalt - 2nd,3rd - $10,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. G-5 Ordinance 805-82 - Increasing Rev/Appns - Engineer- ing Inspection Contract prior to Award of State Grant - 2nd St. - $26,000 MOTIONs Councilwoman Glick moved, seconded by Councilman Wagoner, to introduce the ordinance. Motion passed by unanimous consent. MOTION, 2nd Readings Councilwoman Glick moved, seconded by Councilman Malston, to have the 2nd reading this date. Motion passed by unanimous consent. MOTION, Adoptions Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-6 Ordinance 806-82 - Increasing Rev/Appns - water & Sewer to Candlelight/Linwood - $1,792,354 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. fi KENAI CITY COUNCIL AUGUST 18, 1982 Page 16 Motion passed by unanimous consent. G-7 Ordinance 807-82 - Increasir,q Rev/Appns - Ryans Creek Park - $50,000 XOTION s Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed by unanimous consent. G-8 Ordinance 808-82 - Increasing Rev/Appns - Gymnasium - $800,000 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wise noted this is design and construction. He would like formal action by the Recreation Comm. regarding this. Councilwoman Glick explained the Commission had made a recommendation last year to get ready for bid and withdrew it for lack of funds. The Commission still want it. Motion passed by unanimous consent. G-9 Ordinance 809-82 - Increasing Rev/Appns - Replace Shop Pick -Up - $14,764 MOTIONS Councilman Wagoner moved, seconded by Councilman Malston, to introduce the ordinance. Councilman Wagoner noted this was a large amount of money for a pickup. Public Works Director Kornelis explained they received 2 bids, this was the lower bid. stere is 01500 for the crane as an alternate. $13,000 is the basic bid for a pick-up. We did not receive any Anchorage bids. VOTE (Passed): Yes; Wise, O'Reilly, Glick, Measles Nos Wagoner, Malston, Hall Councilman Wagoner asked if the crane was for valves. Mr. Kornelis replied yes. G-10 Water & Sewer to Candlelight/Linwood Water & Sewer to McKinley, Haller, Evergreen Councilwoman Glick asked that Council ratify action of Council at the last work session of Aug. 10, 1982. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to direct Administration to proceed with road, water & sewer in Candlelight/Linwood area and request money be used from Municipal Aid Fund. Preliminary plat must be in hand by the City by Oct. 15. Street crossings are to be considered. This includes gravel only Lawton to Canelctlight. Also domestic water & sewer stubs to each _private lot received by Oct. 15. KENAI CITY ^OUNCIL AUGUST 18, 1982 Page 17 MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Wagoner, to direct Administration to proceed with securing proposals for engineering and design for water b sewer and road improvements in McKinley, Haller and Evergreen area and direct Administration to proceed post haste for an engineering firm for design and engineering for 2nd Ave. Also to have plats submitted by Oct. 15. Councilman wise noted to Public works Director Kornelis, they will not do any of the work. Mr. Kornelis said they plan to go ahead and take a look at what areas they will have to stub out for water g sewer and then have a bid item on unit price and additional added at unit price. MOTION, Amendment to Amendments Councilman wise moved, seconded by Councilwoman Glick, to add water & sewer of domestic size will be provided to each lot and where streets are platted, appropriate- crosses be put in. VOTE, Amendment to Amendment (Passed): Motion passed unanimously by roll call vote. VOTE, Amendment (Passed)s Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed by unanimously by roll call vote. C-11 Resolution 82-82, Ratifying Action of work Session MOTZONs Councilwoman Glick moved, seconded by Councilman Wise, to direct Administration to prepare a resolution to request the Borough reconsider support of reduction of 1% sales tax rather than the ordinance considered. Councilwoman Glick explained Res. 82-82 has beer. acted upon, but Council should ratify action taken at the work session. Motion passed unanimously by roll call vote. Resolution 82-91 Award of Contract for Engineering Design and services to Trans -Alaska Engrg. on 2nd St. MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman wise asked, are we going to do drainage as well? Is it covered in the contract? Public Works Director Kornelis replied he can only assume it is covered. Administration gave them a copy of the contract. He introduced Mr. Halgerson of Trans - Alaska Engrg. Mr. Halgerson said his rosommendati.on was to use the infiltration system. Councilman wise said he would like to see them get in this Fall. He r AENAI CITY COUNCIL AUGUST 18, 1982 Page 18 would like to see if they will work. He added he would like more specific proposals so a layman can understand them. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. A lease application. from Henrikson,Kirchoff, Schreck in CIIAP was approved by P&Z. It is for storage and long term parking. MOTION. - Councilwoman Glick moved, seconded by Councilman Wagoner, to concur with P&Z action regarding the lease application as specified in CIIAP to Henrikson, Kirchoff, Schreck. VOTE (Passed)s Yess Wagoner, Wise, O'Reilly, Glick, Measles, Hall Nos Malston Councilwoman Glick said there was some discussion about tree coverage. P&Z thought it was just shrubs, they were fairly large. She asked City Manager Brighton to chock to see if they could be transplanted. 2. In the Transfer of Funds Report to Council, $1,514 has been withdrawn, this was done in error. 3. Homer Electric has replied to the City proposal. They have rejected it and gone back to the original proposal. They would forego all costs prior to 1982 and a:,l costs he by Cityy� 4. The old Health Center bldg. has been moved. 5. The Borough has stated with their new attorney, they will drop the sludge disposal appeal. The permit has been approved but we will have to have lime screenings. 6. The memo from Airport Manager Swalley regarding airport terminal space assignments. Mr. Brighton asked Council to review and make recommendations at the Sept. 1 meeting. 7. Councilman Wagoner asked Mr. Brighton about the status of the Calvin Quandt situation. Mr. Brighton replied he has not heard from the State. Mr. Quandt had 30 days to comply. Nothing has been done. S. Councilwoman Glick asked about the status of the sale oc property to Union Oil. Mr. Brighton replied they are willing to pay $36,000. He and Atty. Delahay were directed to see if there was some leverage. Atty. Delahay said he had requested a copy of the leasing agreement. He has received it, but he has not reviewed it yet. MOTIONs Councilman Wise moved, seconded by Councilman Wagoner, to consumate the sale of land to Union Oil at $36,000. i I I ----- KENAI CITY COUNCIL AUGUST 18, 1982 Page 19 Mr. Brighton said he vould not imagine any leverage the City could have to get low cost gas. This will get on the tax rolls and get long term benefits. Atty. Delahay said there are other leverages we can try. Councilwoman Glick said we do need to keep in mind - some kind of transaction so we could receive some kind of low cost utility. Mr. Brighton noted capping or not capping is good leverage. „ Motion passed by unanimous consent. — 9. Councilman (vise asked about the draft of the utility ordinance. Atty. Delahay replied this is still between Public Works Director Kornelis and him. He has not done it yet. Councilman Wise suggested adding the infiltration devices and how they would fit. He would like a draft at the next meeting. If we have something on the table and adopted, we have negotiating power with HEA. 10. Councilwoman Glick asked about the Ft. Kenay renovation. Public Works Director Kornelis ! explained the reason he did not report on this is because the funds are not available. The Historical Society, Building Inspector Hackney and Mr. Kornelis reviewed this. They propose handling it similar to the Fine Arts. Bldg., = putting the workers on the payroll. There are 5 buildings plus the cache, they will make them structurally sound. Councilman Wagoner asked to have the information at the next meeting. MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to direct Administration to proceed with the same method as we did with the Fine Arts Bldg. for the historic buildings at Pt. Kenay. Motion passed unanimously by roll call vote. I H-2 City Attorney 1 Atty. Delahay spoke. 1. He is taking Aug. 26 as his floating holiday. Council approved the request. 2. There is a problem with the Borough regarding payment of taxes. There have been some pieces of property purchased by the City. Normally the City does not pay sales tax. This is a policy matter for Council to decide. Councilman Malston said title insurance should have handled this. Atty. Delahay explained there is an exception clause on taxes. Councilman Wagoner said we are exempt. Atty. Delahay said they were due when we bought the property. MOTION: Councilman Wagoner moved, seconded by Councilwoman Glick, to pay, forget about it and go on to other business. ' VOTE (Passed)s s Yess Wagoner, Wise, O'Reilly, Glicx, Measles, Hall Nos Malston �i 3. Ord. 794-82 passed, stating the City Clerk would 4,arr ea#e--tile• appointment of Deputy Clerk. Council objected to the resolution. He needs some direction a KENAI CITY COUNCIL AUGUST 18, 1982 Page 20 from Council. Councilman Wagoner said it should be appointed on recommendation of the Clerk. Councilwoman Glick asked Clerk Whelan her suggestions. Clerk Whelan replied she thought it had been handled allright before. She had no suggestions. MOTION, Reconsiderations Councilman Malston moved, seconded by Councilman Measles, for immediate reconsideration of Ord. 794-82. VOTE (Passed)s Yes: Wagoner, O'Reilly, Glick, Malaton, Measles, Hall Not Wise MOTION, Postpones Councilman Measles moved, seconded by Councilman Wagoner, to postpone action til! the next meeting. Motion passed unanimously by roll call vote. Councilman Malston asked if Council was giving any direction to Administration. Mayor O'Reilly said no. 4. Mayor O'Reilly asked Atty. Delahay about the sequence of events on our entering in a lawsuit with the Borough and the job offer from the Borough to Atty. Delahay. He would like to hear his comments on that and the draft of the resolution on retirement and rehiring. Also, his comments on tor. Folta. Atty. Delahay replied regarding the memo on Mr. Folta. He wrote to give information on his experience with him to Council. He offered to make comments on any attorneys in executive session. Anything he knows about Mr. Folta is old information. Re- garding the Borough situation. In May 1981 budget sessions he discussed salary increase. He said it did not make much difference except on retirement, which would be after July 1982. May 1982 budget session, he told Council he would retire about Oct. 1 and would advise them. After that time he make no secret that he would be re- tiring. Mayor Thompson contacted him that he would be letting Mr. Sarisky go and asked him if he would come back to the Borough. He said no. Mr. Thompson asked him if there was anything that would change his mind. He said only it the PERS retirement could be changed. Mayor Thompson asked him what it would take in a resolution. He had all this in his files and said he would see what it would require. Ile did not draft it as an employee of the Borough but as negotiation. Mayor O'Reilly did not ask for an executive session, but did indicate it was improper. The City sent a letter to all attorneys in the State. The fact that we happened to be involved in a lawsuit with the Borough did not make any difference. The resolution was passed June l5, before the hearing on the sludge case. Apparently it did not have any effect on the decision. The Borough has till Sept. 29 to reply a brief, he would still he with the City. He could not involved himself with the City because of professional ethics. If the City. hired Mr. Sarisky he could not represent the City against the Borough except with consent of both f) i KZN1J CITY COUNCIL AUGUnT 18, 1992 Page 21 attorneys. He would not ao this. When this cam up City Manager Brighton recommended settling, he did not. So far the City has been successful. The Borough may drop the appeal. He has resented questions against his integrity. Councilwoman Glick said regarding the memo on for. Lrolta. She did not regard this as out of line. This is what Council does when they ask for references. ohe felt this is being blown out of proportion. Councilman Wagoner said he felt Atty. Delahay and Mayor O'Reilly should work out their differences by tbemselves. MOTIONS Councilman Malston moved to move into executive session. Atty. Delshay said he would rather it be out in the open. Motion failed for lack of a second. Vice Mayor Glick took, the chair. Mayor O'Reilly said if the opposing party is in the lawsuit either prior to or after employment it would appear to be in violation of ethics. Most of what has been printed has not been from this source. Comments have been make to him that some felt the City reputation has been damaged. His feelings ares a. The approach to the law suit represented bad judgement. We had no control over that. b. The response of our attorney to that type of approach, we do have control over. There have been several situations that in his judgement the attorney has not shown good judgement. He would hate to see any poor marks against an exemplary reputation. MOTIONS Mayor O'Reilly moved that the entire matter be referred by the City Clerk to the State Ethics Commission for whatever action they may pursue. Motion failed for lack of a second. Mayor O'Reilly took the chair. H-3 Mayor Mayor O'Reilly said the Mayor's Conference will be held in Homer Aug. 19 and 20.Items to be discusseds a. Municipal Assistance b. Revenue Sharing c. Proposed changes in origination of revenue and distribution methods c. Supplementary request d. flow municipalities obtain and use CIP projects Anyone who can make it will be welcome. 11-4 City Clerk Clerk Whelan said the nominating petitions for the 3 Council seats are still available till Sept. 3. There is 1-2 yr. seat and 2-3 yr. seats. H-5 Finance Director KENAI CITY COUNCIL AUGUST 18, 1982 page 22 Councilwoman Glick asked Finance Director Brown, what is the status of the financial report? Mr. Brown replied it will be a little late, they are using a single audit approach for the lot time. H-6 Planning & Zoning Councilwoman Glick spoke. 1. They had a meeting last week.. This lease has already been handled. 2. There was a variance request. Our Code does not address this. This was granted. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to concur with the action of P&Z granting the variance. Councilman Measles asked if this was just one case. Councilwoman Glick replied it is one unit, for just this. She added P&Z willl consider zoning for this.Council- men Wise asked if they would re -plat. Council- woman Glick replied yes. Councilman Wagoner said he had heard they have already begun, presuming they would get variance. He would like to look at this more closely. MOTION, Postponements Councilman Wagoner moved to postpone this till the next meeting. Motion failed for lack of a second. Councilman Wise said a variance and conditional use are not applicable, he had trouble with granting this. Councilwoman Glick said this has been before P&Z on other occasions. They felt this was the best route. VOTE (Passed)s Yess Wise, O'Reilly, Glick, Malston, Measles, Hall Nos Wagoner 3. A subdivision plat was approved. 4. Planning Commission members do not have a vote, but as citizens, they felt an in-house attorney was best for the City. 5. Councilman Wise said we should get the status of the Russian Mission property. it is tax exempt and not being used. It is next to the Daubenspek property. H-7 Harbor Commission None H-8 Recreation Commission Recreation Director McGillivray spoke. 1. The Parks & Rec. Commission recommended acquisi- tion of the land in Woodland for a nark. 2. They reviewed their capital improvements for next year. KENAI CITY COUNCIL AUGUST 18, 1982 Page 23 City Manager Brighton reviewed the proposed park in Woodland. Jess Hall, Jr. made an offer of 07,000 each. Council asked for an appraisal, it cane in at $15,000 per lot. Council has made no decision. Mr. Brighton told Mr. Hall the City might be reluctant to buy any more real estate. He suggested a trade. fie had some real estate he was interested in. Mr. Brighton asked him to list specific lots. Council- man Wise said in his experience, if you build parks after development is done, you have problems. The neighbors object. He suggested the Recreation Comm. have a public hearing on who will be affected. Council- woman Glick said part of the Comprehensive Plan was to j make trades value for value. You could have develop- ment without additional water b sewer. Councilman Mize asked if the Recreation Comm►. has reaffirmed the gymnasium proposal. Mr. McGillivray " replied yes. Councilwoman Glick said there were some comments made I on the Rec. facility at the PbZ meeting. Mr. Brighton said he had reviewed this with Mr. McGillivray and most of these have been corrected, except the floor in the hand ball courts. Atty. Delahay said, at the request of Mr. Rice and Mr. McGillivray, he had made I an amendment to the agreement. They refused. Mr. McGillivray noted they had made a complaint before the one year warranty was up, but have received nothing in writing. Councilwoman Glick said Public Works Director Kornelis had said some of the wood was wet =- when it was put down. Mr. McGillivray said the pro- blem appeard 2 months after it was installed. City - Manager Brighton suggested Atty. Delahay pursue the situation and added, Mr. Rice should share the res- ponsibility as he knew the wood was wet. I. PERBOUS PRESENT NOT SCHEDULED TO BE HEARD 1. Councilman Wagoner said over the last year he == has had a chance to see the City Hall entrance in Winter. It iB dangerous, the slope is entirely unacceptable. MOTION: —= Councilman Wagoner moved, seconded by Councilwoman Glick, to have Administration explore the possibility - of removing the concrete slab and pricing glycol or tape system at the City Hall entrance. Motion passed by unanimous consent. _ 2. Councilman Wise said Council had said the City would appropriate funds to raise the fire hydrants. He would like an appropriating ordinance. Council agreed to the request. 3. Mayor O'Reilly asked for Council approval of j tho expenoos incurred on his trip to homer scheduled for Aug. 19 and 20. Also, he had dinner Aug. 13 in Anchorage with Mayor Knowles. r .s -a��•1aGye.+�P="-y-�2�7a L�5..Ll�l-'�GI�»�oir�• - FA KENAI CITY COUNCIL AUGUST 18,1982 Page 24 MOTIONS Councilwoman Glick moved, seconded by Councilman malston, that the Mayor be allowed to submit a request for reimbursement for Aug. 13 hotel bill, and allow the Mayor to submit reimbursement for expenses in Homer for Aug. 19 and 20. Motion passed unanimously by roll call vote. Councilwoman Glick said she may come down to Homer as a representative of the Municipal League and would like approval of the Council. MOTIONS Councilman Measles moved, seconded by Councilman Malston, to approve the request for reimbursement requested by Councilwoman Glick for the Aug. 19 & 20 trip to Homer. 41 Motion passed by unanimous consent. 4. Councilwoman Glick said that according to an Anchorage paper, City officials were aware that Mr. Craddick was not available for the job of City Attorney. She asked if that was a fact. Clerk Whelan replied she had spoken to the Sitka Clerk's office and Mr. Craddick's secretary, he is on vacation, has left no forwarding address, and will return on Aug. 26. Councilman Measles suggested Clerk Whelan contact Mr. Craddick after he returns from his vacation to schedule an interview. Councilwoman Glick suggested Council have a work session at the same time on subjects not completed at the last work session. Council agreed to the suggestions. S. Councilman Malston said he will be absent from the Sept. 1 Council meeting. Council agreed to the request. 6. Councilwoman Glick asked if City Manager Brighton had given any thought to the proposal on pro- moting of the City. Mr. Brighton replied he was waiting for Council direction. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to have the City Manager come back to Council with recommendations as to how the promotion will be handled. Motion passed by unanimous consent. ADJOURNMENT Meeting adjourned at 1200 AM. �zVLd 7/ja, Janet Whelan City Clerk 0 . V, 0 _-. H-2 CITY A19TORNEY98 REPORT --PARTIAL VERBATIM TRANSCRIPT OF AUGUST 181 1982 MEETING Mayor O'Reillys I have some questions for the City Attorney (inaudible), It has been brought to my attention and I also have some serious question about it in regards to the sequence of events as regards our City entering into a lawsuit with the Borough and somewhere along the line a job offer to the City Attorney and either negotiation or non -negotiation on the City Attorney's part with the Borough, Um, I'd like to hear his comments on this regard 1 would also likj to hear comments in regard to the involvement with the drafting of a Borough resolution which apparently changed the hiring and rehiring and effect on retirement system of the Borough and any comment you care to offer per your memo of Mr, Polta, who was one of the applicants for City Attorney in whatever way you wish to address this subject. City Attorney Delahays To start with I think probably the easiest thing to take care of is the memo on Mr, Polta, I wrote that memo to the Council to give them information that I had about Mr. Polta's background and my personal knowledge of him for the information of the Council in making their decisions as to hiring of a new attorney, Ah, I offered to make comments if executive session was caused about any of the attorneys of which I had, of whom I had any knowledge. It was not accepted by the Council. I think anything that I know about Mr. Polta is 12 years old, I mean I don't know what he is now. I know what he was then. He may be an alcoholic at this point. I don't know what happened to him. I merely told the Council who estimate the decision on this matter what I felt about Mr. Polta. As to the other matter, I suppose you have to go back into history a little way. About a year ago last April or May during the budget work sessions when the Council was talking to me about salary increases, I told them that the amount of salary by the time you took off the amount of increase does not amount to a great deal because by the time you took off income tax, PERK deduction, social security deduction it really didn't make a great deal of difference but that it did make a difference to me because of, I was expecting to retire in sometime after July 1, 1982, and because I was in my last three years of service the 1 1; higher my wage was the higher the base would be for my retirement. In the budget sessions of this last April _ and I am not sure just what the date was, I told Council thatFI expected to retire on or before October lot depending on some debts that I had to pay -- my financial situation, but that 1 would advise them at least a month, and preferably six weeks before so they could have an opportunity to start interviewing attorneys to replace me. After that time I made no secret of the fact that I was retiring to my friends and acquaintances, to fellow employees. Mayor Thompson contacted me on one of my days off and asked/told me that he was going to have to let. Mr. Sarisky go, that he wasn't satisfied with his performance more or less the things that have appeared in the Clarion that he couldn't get a report from Mr. Sarisky as to where he stood on several lawsuits and other matters and he was going to let him go and asked me if I would come back to the Borough. I said No. He said is there anything that would make you change your mind and I said well, yes I would come back for a short time if he could arrange that on, that is if the Assembly would change their resolution so that people being reemployed by the Borough who had been employed prior to July 1, 1978, when the Borough came under PERS would get credit for the time they had expended. There again is a little history, anyone working for the Borough on July 1, 1978, had the option of getting their past service under PERS whether it was two years, four years, six years. I had worked a little over three years for the Borough which would mean about 6%8. To me this was enough of an incentive that I would be willing to come back for a short time. He asked me what a short time was and I said six months. He said, how about a year, you can't do very much in six months. I said, well I can at least tell you where you stand and help you to get a new attorney. And he said what would it take in a resolution and I started telling him some of the things and I said, well I've got all of this in a file at home because when the Borough went under this I checked on it to see if I could get my service under the Borough in PERS and I had checked on the statutes. I told him well I'll go home and make out a resolution that would do what I would require. Now this was just like making a contract to buy a house. I usually make my own contracts unless it is done by a real estate agent anything that's affecting this I quite often do myself. In this case I didn't draft that ordinance as an employee of the Borough, I drafted it as a matter of negotiation saying that if he got the Assembly to adopt that Ordinance and if certain other 2 provisions I would come back for a short time. This is all that amounts to. Now the Mayor, rather than asking for an executive session to go over this with me or bringing it out in the Council has brought this out in the newspapers and intimated that I did something improper. As I pointed out in the letter to the Editor which you may or may not have read, the City gave letters to Mr, Sarisky and to every attorney in the State solicitating their application for employment as City Attorney, This is not tinkering with their employers or with their position, it's an opportunity and the City needs to select an attorney, The fact that we happened to be involved in a lawsuit at that time with the Borough made no difference in the letter going out to Mr. Sarisky or Mr. Rashi, It made no difference in going to the Judge that had decided that case, to the Supreme Court Justice to whom the appeal is before. Just as a matter of efficiency and expediency, this letter went out to all practicing attorneys in the State. The sludge case, which the Mayor has brought up, was decided, Let's see, this resolution was drafted early in June which was the time, about the time that the Mayor spoke to me and asked me if I would come back with the Borough, after my time had expired with the City and at that we were talking about October 1st. It was drafted and it was passed by the Borough on June 15th, This was shortly before the hearing on the sludge case in the Superior Court over here. Apparently it didn't have any effect on my representation of the City because the City won that case. Certainly the Borough Mayor had no such intent nor did I. Subsequent to that time the Borough on the last day has filed an appeal that I believe it was July 19th. The, under our appeal procedures the Clerk has 40 days to certify the records of the Supreme Court which could be around August 29th, After that the Borough has 30 days to file their appellate brief which would be around September 28th or 29thBy that time I would still be working for the City. If I did go with the Borough, just as a matter of professional ethics, I could not represent the Borough against the City in any case in which I had been involved in the City. Not only the sludge case, this matter I brought up tonight about taxes if the City wished to sue about that, any other matter of that kind I would withdraw, the Borough would have to hire another attorney to do that type of thing. Just as if you hired Ms. Sarisky, he couldn't represent the City against the Borough in any case in which he had previously represented the Borough. There is an exception under the ethics to that, and that is if both parties are made fully aware of the conflict and 3 � -T if both parties consent to procedure, the attorney can go right ahead and handle it, In a case such as the sludge case I wouldn't consider it, I wouldn't consi&,r requesting such a consent. I think it's far too important to the City and in that respect I might say that a year before our sewer plant came on the line, the sewer plant in Soldotna came on the line. In speaking with the Public Works Director, he told me that he had tried to get their sludge deposited in the Borough land fill. They had run up so many bills that they would have to pay, it would be so expensive, and they brought up so many factors that they would have to contend with and comply with that he gave up and went out to get his own permit, They just had a hearing a few weeks ago and I don't, after a year of trying, and I don't know where they've gotten it or not but it looks like they're going to be going on for years paying for handling their own land fill, when this matter came up before the City I looked at the ordinances and the law and advised the City to sue the Borough, The Council approved and we brought suit, then the Borough requested a conference about the matter, the Mayor, the City Manager, Public Works Director, and I went over and had a conference with our opposites. We came away from that conference with the City Manager recommending that we do what they wanted, comply with their request that we furnish our sewage facilities for borough septage waste depositors, i objected not because it would be a great expense at this time but I didn't feel the City should go right along with the other shoe hanging over their head. They should have the law determined because I felt that it was very favorable to the City that it should be determined that the Borough was responsible for taking care of these wastes. We went into court and we determined just that. I can see nothing wrong with my representation of the City, so far we have been successful. It's on appeal now, Now the City Manager mentioned tonight that they might drop the appeal. That I don't know about, but at all times I had been representing the City, I have resented somewhat the accusations and innuendos that had been brought in the press against me, against my own integrity and against my own professional ethics. As I say, I was negotiating for a job after my service would have expired with the City and at this time it has been set at September 30th and I have no apologies, no excuses, I haven't done anything that I feel is wrong ethically, morally, or any other way. Mayor O'Reilly: Any question or comment by the Council on this? 4 +- - E N t'. 01 Vice Mayor take the Chair please. Councilwoman Glicks Before I do that --. I would only like to comment that with regards to the advice that Mr. Delahay sent to us regarding the one applicant I didn't, I personally didn't construe that as being out of line and I would only offer this as a corroboration of what I am saying isn't this exactly what we do with all the attorneys anyways when we call to check their references? For instance, you have asked me to run reference checks on these various attorney applicants and the Council concurred in which I said, and I have called these various people generally the people who have been listed in Mr. Sarisky's application are attorneys, other attorneys and so they are giving us their opinion of his character, his integrity, his personality and I don't see anything wrong with Mr. Delahay giving us his opinion. We don't have to accept it. We have in fact rejected some of his opinions in the past and it just seems to me like (inaudible) what is was that expression "(inaudible)" •making mountains out of mole hills". (inaudible) Anyways, I think that perhaps this whole thing is just getting so blown out of proportion I can't hardly believe that it is really happening but nevertheless so with that I will take the Chair. Oh excuse me. Councilman wagoners You asked for further comment. I don't think I have any further comment cause none of the Council made any comment. The comment came from the Mayor, but I would like to say this, I think I have heard enough of the conflict between the Mayor of the City of Kenai and the City of Kenai's Attorney. I don't want to sit here and belabor the fact at a Council meeting. If there is difference to be worked out, I would suggest it be done on somebodies' time other than our own. Councilman Malstons I would, if this is going to be pursued any further, I would make a motion that we move in to executive session. City Attorney Delahays Mr, Mayor. If it is going to be pursued any further, I just as soon it be out in the open and I believe that my wishes prevail on that point. I just as soon see the newspaper have any facts that can be given. Mayor O'Reilly$ Are there a second to the motion? Second to the motion, motion failed for lack of second. Madame Deputy Mayor. 5 m I find it very difficult and a hard subject to bring up but I am aware of Council's lateness of the hour and the busy day many of us will have tomorrow also. It is a situation whers the appearance of certain, where we are involved in a lawsuit and (inaudible) that immaterial but if the opposing party in the lawsuit offered our City Attorney enters into negotiation (inaudible) prior to his retirement or after his retirement it would appear on the surface to be some type of conflict of interest certainly a violation of ethics and that is the point that I want to raise. Much that has been printed was originated (inaudible) and comments have been made to me by various persons that they felt. the City's reputation in a sense (inaudible). That view is not shared by Council so be it obviously. I felt that approach of the City Attorney during a lawsuit represented (inaudible). We as the City and the Council have no control over it, but the response of our City Attorney in anything to that type of approach I think we do have control over and it is there where the public trust may be somewhat shattered by allowing to go on without any action or acknowledgement by Council that such did take place. I would say that that Council has been aware of several situations that have indicated to me that my judgment (inaudible) but the very serious ones have been one that some fashion have been forced the City Attorney's attention and if corrected were not allowed to happen in the future in my opinion. I would like to offer a motion that the entire matter be referred by the City Clerk to the State Ethics Committee for whatever action they wish to pursue on the matter and if I have a second to that motion I can speak to it. Vice Mayor Giicks Is there a second to the motion? Is there a second to the motion? Is there a second to the motion? The motion dies for a lack of second. Mayor O'Reilly takes chair. END 6