Loading...
HomeMy WebLinkAbout1980-02-06 Council Minutesr B - •'� �,:n r. .,. .i, r, r • _ A'w� � � ��1� r 'ten-- - _ .J..y.•� ' j n 1 AGENDA I KENAI CITY COUNCIL - REGULAR MELTING FEBRUARY 6, 1080 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARING 1. Ordinance 031-79 - Amendment of Airport Leasing Ordinance 2. Ordinance 537-70.- Amending the Municipal Cede, Title 23, Personnel 3. Application for Liquor Licenses Sheffield House American Legion Post #20 Fraternal Order of Eagles, #3520 4. Extension of Time - Liquor License Renewals C . PERSONS PRESENT SCHEDULED TO BE HEARD 1. Rick Baldwin - Thompson ts Swearingen Lease Renegotiation D. MINUTES I. Minutes of Regular Meeting, January 2, 1980 2. Minutes of Regular Meeting, January 10, 1980 E. CORRESPONDENCE 1. Kenai Utility Service Company - Possible Sale of Natural Gas by City for Power Generation Duel P. OLD BUSINESS 0. NEW BUSINESS I. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Resolution 80-0 - supporting Representative Malone Seeking State Funds for Industrial Water Line 4. Resolution 80-9 Transfer of Funds - Airport Land Budget - Repair Airport Gate - $300 S. Resolution 80-10 - Transfer of Funds - Legal - Price Increase of Legal Publications - $600 0. Revolution 80-11 - Supporting Ketchikan Gateway Borough Resolution for Reinstatement of Platting Powers r7lj 7. Revolution 80-12 - Authorizing Acting City Manager to Sign Cultural i Facilities Grant Program Brant Application, Civic Center 8. Revolution 80-13 - Transfer of Funds - Public Works - Director To Attend Sominar - $200 9. Revolution 80-14 - Transfer of Funds - Capital Project Funds, Fire Reservoir a Water System Improvements - Renovation of Well house ail, Rockford Corporation Change Order - $1,255 a. Contract Change Order #2, Well douse 101 i 10. Resolution 80-15 - Lobbying Effort, City Mayor - General Fund Budget - Secretarial Services a Lobby Services - $11,700 U. Resolution 80-16 - Transfer of Funds - Water a Sewer Special Revenue Fund - Chloroform Testing on Water Samples - $400 12. Ordinance 548-00, - Amending Municipal Code 56.020, Correcting Rules a Regulations of Library Use. 13, Ordinance 549-80 - Amending Municipal Code - Excoptions to Short Term Parking Area Regulations. 14. Ordinance 550-90 - Increase in Revenues - General Fund Budget - Purchase Additional Library Books - $000 15, Coopers a Lybrand - Final Billing - Office of Aging Grant - $1,500 ' 10, Coopers *Lybrand- Final Billing - Federal Revenue Sharing Fund* - ' $3,500 17. Coopers a Lybrand - Final Billing - IIUD Public Facility Loans Project - $1,500 IS. Galliett - Final Statement - Covered Potable Water Reservoir - $10,123.13 10. C112M Bill - Step 3 Grant Application - $2, 500 20, CH2M Hilt - Sewerage Projects Design - $37,400 21, USKH - Komi Aerial Photo/Map - $36,397 22, Games of Chance & Skill -Fraternal Order of Eagles, 83525 23, Games of Chance a Skill - Russian Orthodox Church ' 24, Funding for New City Ball C a. Trading Bay Professional Cantor for City hall , +� 11. REPORTS j , i. City Manager 2, City Attorney 3. Mayor E 4, Cif Clerk 5, Finance Director 0. Planning a Zoning 7. Kenai Peninsula Borough S. Harbor Commission ' I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I:; e KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 0, 1080 KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Phil Aber, Ed Ambarian, Ray Measles, Betty Glick, Ron Malden, Vince O'Reilly Absent: Mike Seaman AGENDA APPROVAL Mayor O'Reilly asked if 0-3, Resolution 80-8 could be withdrawn, Ile asked if the Council would rather withdraw it now or move for adoption and tablo it at introduction. Council asked why. Mayor O'Reilly explained there's a phrase that the City of Kenai would, if desired, act as container for performing planning grant and apparently that would be somewhat politically unacceptable. Councilwoman Glick replied leave it on, we can always amend it at introduction. Council agreed to leave it on tho agenda. Mayor O'Roiily asked Councilwoman Glick if she had met with Public Works Director Kornelis on the harbor study. Councilwoman Glick said she thought when we got to it on the agenda we could ask for it to be tabled, B PUBLIC BEARING B i Ordinance 531-79 - Amendment of Airport Leasing Ordinance MOTION,. Councilman Malston moved, seconded by Councilwoman Glick, to approve the ordinance. Atty, Delalisy explained the changes had been made for clarification of the language, One change, page 21.7-d, the original did not say what the administration thought is said, we changed it to read what the admin- istration meant it to say. Mayor O'Reilly asked, the way it was in the ordinance prior to this 5 year date, 1077 is 5 years subsequent to that? Atty. Delshay read the old ordinance and the proposed ordinance. Coun- cilman Malston said he couldn't understand,150% should read 5OW Atty, Delahey explained it is 1-1/2 time* the 1977 appralsed value, Attorney Rick Baldwin asked some general questions on the location of sections of the ordinance, i i i r KIWAI CITY COUNCIL FEBRUARY 0, 1080 roll Page 2 It was then noted that the ordinance had boon tablod at a previous moot- ing and had to be brought from the table. MOTION TO BRING FROM TAOLM, Councilwoman Glick moved, seconded by Councilman Malston, to bring the ordinance from the table, Motion passed unanimously by roll call vote. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approvo the ordinance, There was no public comment, Motion passed unanimously by roil call veto, U-2 Ordinance 537-70 - Amending the Municipal Coda, Title 23, Personnel MOTION TO BRING FROM TABLE: Councilwoman Glick moved, seconded by Councilman Malston, to bring the ordinance from the table, Motion passed unanimously by roll call vote, Public Comment: Ruby Coyle said in referral to the ordinanco, the pages are not numbered, On the Sth page, (to delete paragraphs 2,3 a 4, etc,), she disagreed whole- heartedly with the City Council sitting as a Board of Us vanes, The Council would not be an unbiased jury, because of the close relation- ship with the City Manager, An mmple - When Ed alWalty was City Man- ager, the Council would have "flipped over" if he asked them to. Had she been an employee and fired by Mr. aletfelty, no doubt the Council would have upheld it, because of the working relationship with Mr, Glotfelty, Also, when John Wise was City Manager, 110 was on probation, worked for a while, and was fired, Had she been fired by Mr, Wise, and she had come to Council, they would have supported her and fired Mr, Wise, She believes you would have a fair unblased committee. The School Board does not have final authority, All the other cities have a Board ssparato from s6daistro n, It 1B unfair, not in fie4ecrrdanee with the Charter, a t I' ' P- r� 0 1 KIWAI CITY COUNCIL 1111,I3RUARY 0, 1080 Page 3 There has not boon a Personnel Board in recent yearns, we have boon derelict, The lot ordinance spells it out. If you went back to your min- utos of 1077, she doesn't believe you will find anything to indicate they wanted to do away with the Personnel Board. Rho realized the Council has the authority to run the City according to the Charter. If they don't they can be fined, taken to Court. This can only by changed by vote of the people. She knows you work hard, She doesn't mean it against you, Shq hopes it doesn't have to go to Court. Roger Meeks spoke, he reiterated what Mrs. Coyle said. There to no point in saying it twice, He hadn't tried to put down the Council, but he thinks the Board is necessary, The Council would be biased, Luke Caro, Carl Glick and he were on the original Personnel Board, They only sat once, and uphold the Council at that time, If you're careful, you can got a good Board, You can't help but be prejudiced. The Board should be very carefully selected, The Personnel Board is the only way to go. If they don't do it properly, just get a now Board. Mayor O'Reilly asked the Council if they wanted to vote on the amend - Monte as they went along, Councilman Ambarian replied there is a motion to put it on the table, Councilwoman Glick asked as introduced Jan, 2, Councilman Ambarian replied no, as introduced on Jan, 16, There is no longer a substitute, it was introduced as substitute 02, Mayor O'Reilly said it is the suggestion of the Council to vote on each amendment. Council agreed. Mayor O'Reilly asked Councilwoman Glick to refer to page S, to delete paragraphs 2,3 4, etc, Councilwoman Glick deferred to Atty, nelshay, Atty. Delahay eitpiained that the ordinance amendments are divided so the Council can vote on each part, Several sections were done that way, Mayor O'Reilly asked, so we have - amendment 1 has 4 parts, right? Atty, Delahay replied yes, Mayor O'Reilly asked for a vote on amend- ment 1. MOTION: Councilman Ambarian moved, seconded by Councilman Measles, to place the ordinance on the table, It was noted that this was already voted on, Mti'rwm: Counoilman Ambarian moved, seconded by Councilman Aber, to adopt i i fE KENAI CITY COUNCIL FEBRUARY 8, 1080 Pap 4 Ordinance 537-70 with amendment 81, sections 1,2 & 3 and omit section 3, step 4 (the personnel board` . Councilman Ambarian said we have to delete step 4 because the lot page, paragraph 8 implies we did have a personnel board. Mayor O'Reilly asked Amendment #1 has sections 1,2,3 & 4, or Amendment has 1,2 & 3. Councilman Ainbarian asked, how can we repeal an ordinance that has a personnel board that we say we do not have. Mayor O'Reilly asked Acting City Manager Brown, he was at the work session, what was the recommendation. Mr. Brown said from memory, 4 out of 5 voted to go with deletion of 2,3 & 4 and go along with deletions suggested by Coun- cilwoman (hick. Motion with amendment failed, with Measles, Glick, Malston & O'Reilly voting no, and Aber & Ambarian voting yes. Mayor O'Reilly asked it there was any further action on amendment 1. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt 537-70, amendment #1, items #1 & #4. Councilman Ambarian said he didn't attend the work session, and asked Councilwoman Glick to explain the reasoning behind it. Councilwoman Glick said it was a culmination of discussions with the other Council mem- bers. She said she felt the City Manager is employed by the Council and the Council ultimately takes action. The Board could only decide if it was political or with malice. She further stated either way the Coun- cil is going to have to take action against the City Manager. He still comes under our jurisdiction. After this was discussed it was buggested she check into this further, which she has been doing. She checked with Sol - dot", it is patterned after Seward. Pat Poland, with the the State, was recommended. She could not get ahold of him. Councilman Malston asked Atty. Delahay it he could research this. He further stated he had no problem with the amendment, but he is still researching, is it legal for the Council to sit as a personnel board. Atty. Delahay said he did some research, he found nothing one way or the other regarding Coun- cil serving as a personnel board, it is up to us. Council has the final authority. The Charter says Council has the power to decide. Atty. Delahay said he believes the Council may, but is not required to appoint a personnel board. Councilman Aber said the way this reads, section 4 says no "its, and's or buys," Council is the Board. Councilwoman Glick agreed it does, but she is still checking into this. She thinks we should do what's in the best interest of the City employees and the Council. 89 W l� KENAI CITY COUNCIL FEBRUARY 0, 1980 Page 5 Councilman Aber asked why is the Grievance Committee in the best in- torost of the City. Councilwoman Glick replied because the City Manager can make the decision to hire or fire, the Council then decides, then reviews the City Manager's decision if he did something not right. Coun- cilman Aber stated he did not think you could get 5 Council members not biased. Ruby Coyle said she has checked with the Borough, Mayor Gilman and Atty. Sarisky. She felt their system sounds like a "good deal." When a grievance comes up, the employees pick one member for an arbitration board, the administration picks one member, and those two pick one person. It is completely apart from the Assembly and that to final. Mayor O'Reilly asked if the Arbitration Board can make a decision that is final. Mrs. Coyle explained that this was for firing. Also, it is not a stand- ing committee. Mayor O'Reilly asked if it was binding, Mrs. Coyle replied as she understands it, yes. Councilman Ambarian reiterated her opinion. Councilman Aber said the last paragraph says we can dis- cipline the City Manager, there is nothing for the employee. MOTION TO TABLE: Councilman Malston moved, seconded by Councilwoman Glick, to table the motion to adopt Ord.537-79, amendment ail, items ail a #4. Motion passed, with Councilman Ambarian voting no. Councilwoman Glick said to further discuss Councilman Malston's motion, she wants copies of procedures from the City of Soldotna, the Borough, and the State Dept. of Community a Regional Affairs - Pat Poland, The Clerk was directed to obtain this information. Councilman Ambarion asked Atty, Delshay if they should table the amend- ment or the whole motion. Atty. Delahay replied if you table the motion for the 1st amendment, you could not consider the ordinance as a whole as long as the amendment is tabled. He suggested the Council remove it from the table, defeat it, and go ahead with the other amendments, pass the ordinance- then address the problem of the personnel board. MOTWN FOlt RECONSIDERATION: CounMlwoman Glick moved, seconded by Councilman Malston, for immediate reconsideration of the tabled amendment 91 of Ord. 537-79 . Motion passed, with Councilman Ambarian voting no. o, i - A i KENAI CITY COUNCIL FEBRUARY 6, 1980 Page 6 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt Ord. 537-79, amendment ail, item #4. Motion failed by unanimous vote. B- 2 Ordinance 537-79, Amendment #2 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt Ord. 537-70, Amendment #2 Mr. Brown said the committee said "as is." Motion passed, with Councilman Aber voting no. B- 2 Ordinance 537-79, Amendment #3 MOTION: Councilman Measles moved, seconded by Councilman Malston, to adopt Ord. 537-70, Amendment 93. Mr. Brown read the changes in the amendment. Motion passed, with Councilman Aber voting no. 8-2 Ordinance 537-70, Amendment #4 Mr. Brown stated the committee recommended the Council do not pass. Councilwoman Glick asked in so doing, would it stay as is? Mr. Brown replied yes. There was no action by Council. B- 2 Ordinance $37-79, Amendment #5 Mr. Brown said there was no concensus within the Committee. Council- man Ambarian asked Mr. Brown wasn't he going to research this with the fire chief. Mr. Brown said they did, but there was no agreement. He further explained he was not as strongly opposed as he was. Mr. Brown is still strongly opposed, the yearly raises and armiversa ry day has not changed. Councilman Aber asked why Mr. Brown was against yearly J KENAI CITY COUNCIL FEBRUARY 0, 1080 Page 7 raises after stop P. Mr, drown explained he felt the present stop is adequate. There comes a tfmo when the employee should "max out." Ito explained he used to agree with the Increase. Councilman Aber asked after 5-1/2 or 8 years, we don't tool they're worth a raise every year, just ovary other year? Ito felt the other employees would catch up with them. Mr. Brown reiterated he was opposed to a yearly raise, Mayor O'Reilly asked it COLA was not included. Mr, Brown said yes, Councilman Aber noted we don't recognize longevity or merit. Mr. Brown said a second reason is that employees that we have now had to wait, Councilman Aber asked, wasn't that just one employee? Mr. Brown ro- plied yes. Mr. Aber said this action is encouraging people to move on after six years. No action was taken by the Council, B- 2 Ordinance 837-70, Amendments 00 Mr, Brown explained vacation or sick leave cannot be taken for six months, specifying vacation only -made employees eligible for sick leave. This defines it more clearly, Councilman Ambarian said we don't have sick or vacation leave, just leave, Mr. Brown replied this is the only section that defines vacation vs sick loavo. Who is to say? We just take the employee's word for it, Councilman Ambarian asked Atty. Delahay for an explanation. Atty. Delahay said it is possible this section was not changed when the rest was changed. It it is the desire of the Council, it can be changed to read sick leave is time without pay, Councilman Ambarian asked Atty, Dolahay it they could change vacation benefits to annual leave benefits and annual leave credit. Then leave the rest as -is, Atty, Dolahay replied then the employees could take annual leave it they are sick. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to adopt Amendment 98 with the changes, Motion passed unanimously by roll call vote B- 2 Ordinance 637-79, Amendment #7 Mr. Brown had no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to APProve the amendment, =is s � t• ,�i i KHNAI CITY COUNCIL FEBRUARY 0, 1080 Page 9 i Motion passed unanimously by roll call vote. B- 2 Ordinance 037-70, Amendment #8 Mr, Brown had no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the amendment. Motion passed unanimously by roll call vote. B- 2 Ordinance 537-79, Amendment " Mr. Brown had no comment, Councilman Ambarian said it was a unan- imous vote at the meeting, the discussion was afterward. MOTION: Councilman Ambarian moved, seconded by Councilman Aber, to approve the amendment. Motion failed, Voting yes were Councilmen Aber, Ambarian and Mayor O'Reilly, Voting no were Councilmen Measles, Malston and Council- woman Glick. B- 2 Ordinance 837-79, Amendment 010 Mr. Brown stated the amendment was found satisfactory at the meeting MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve tho amendment. Motion parted unanimously by roil oA» vote, B- 2 Ordinance 637-70, Amendment #0 tufeyor O'Reilly asked if this was approved by Council at the meeting. Mr. Brown replied yes. MOTION: 10 F f r � , I ■ 1 9 4 j KENAI CITY COUNCIL FEBRUARY 8, 1080 Yago 9 Councilman Measles moved, seconded by Councilwoman Glick, to approve the amendment. i Motion passed, with Councilman Aber voting no. B- 2 Ordinance 537-79, Amendment R2 No comment by Mr. Brown. i MOTION: j Councilman Malston moved, seconded by Councilman Ambarian, to approve the amendment. Motion passed unanimously by roll call vote. B- 2 Ordinance 537-79, Amendment 013 Mr. Brown noted the changes made. MOTION: Councilman Malaton moved, seconded by Councilman Ambarian, to approve the amendment. Motion passed unanimously by roll call vote. B- 2 Ordinance 537-79, Amendment 014 Mr. Brown explained no one liked it as it was, they wished to follow the State holidays. MOTION: f Councilman Ambarian moved, seconded by Councilman Malston, to approve the amendment. Councilman N.slston asked Mr. Brown, is there anything in the wind that the State's schedule is going to be changed. Mr. Brown didn't know. Councilman Malston noted the Federal government has made changes. Atty. Delahay said Lincoln's Birthday has been changed, but we don't celebrate that. The other Federal holidays were fast for clarification. Councilman Aber asked if the em*Vees. can suggest the holiday. Mr. Brown replied yes. Atty. Delahay said it is up to the City Manager to select, he can ask for employee input U he wants. Councilwoman (click I I i �4 i I F0KPNAI CITY COUNCIL FEBRUARY 0, 1090 on Page 10 suggested adding itom 03 to Amendment lilt. Mr. Drown said that the discussion at the meeting was very informal. Councilman Ambarian suggested it should read, "should apply to all employees." Also, he felt a floating holiday makes sure there is minimum coverage. Council- man Measles noted the way it is now, it is up to the City Manager, but now it will be up to each employee, Advance notice should be given to the department head. MOTION , Amendment to Main Motion: Councilman Ambarian moved, seconded by Councilman Measles, to amend Amendment #14 to read, " with 5 days notice to their immediate supervisor and approval of their supervisor." VOTE ON AMENDMENT: Motion passed unanimously by roll call vote, VOTE ON MAIN MOTION: Motion passed unanimously by roll call vote, B- 2 Ordinance 537-79, Amendment $15 No comment by Mr. Brown. MOTION: Councilman Ambarian moved, ,seconded by Councilman Malston, to approve the amendment. Motion passed unanimously by roll call vote, B- 2 Ordinance 537-79, Amendment 010 No comment by Mr. Brown. Councilman Aber said it just says employees, what about dependents, It doesn't say dependents are covered without cost, Mr, Brown explained dependents are covered at no cost, but it doesn't say. Councilman Aber said to the employee, but what about the dependent, Atty, Delahay said the employee normally pays for dependent's benefits, In the policy, you select the benefit and it's taken out of the employee's pay, If nothing is taken out, this doesn't change, Councilman Ambarian asked how about the dependent's coverage. Atty, Delahay replied his dependents have 1 KENAI CITY COUNCIL PEBRUARY 0, 1080 page U coverage, but it's not charged to the employee. Councilman Aber noted it does not any that, Atty, Delshay explained that's determined by the Policy. Councilman Aber said the Council decides the insurance policy, but this ordinance does not direct to the dependents, MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the amendment and add "medical and hospital insurance shall be }provided by a group policy to all employees and dependents at no cost to employee," Motion passed unanimously by roll call vote, DISCUSSION ON 537-79: Councilman Ambarian said we are playing "cute gam os" with the ord- inance by voting this in, we are deleting the personnel board and not adding a personnel board, lie felt we should adopt it as it reads, with- out a personnel board, MOTION, TO TABLE: Councilman Ambarian moved, seconded by Councilman Aber, to table Ordinance 037-79, Motion failed, with Councilmen Aber, Ambarian a Measles voting no; ant! Councilman Malston, Councilwoman (flick and Mayor O'Reilly vot- ing yes, Councilwoman Glick asked Atty. Delahay, as a point of clariffestion, if we adopt this ordinance, we are adopting the current personnel ordi- nance with amendments as accepted tonight, as it was In effect for two years? Atty. Delshay replied yes, Councilman Aber said item 04 deletes 2,3 and 4 of previous amendment A, Councilman Ambarian said item 41 was voted out. Councilwoman Glick said 1 and 4 were defeated, Council- man Aber noted Atty, Delshay had said - - - lie thought we couldn't vdopt the ordinance tonight, Mayor A'Rgilly said if we had tabled amend- ment #1 we could not have passed the ordinance with the tabled amend- ment, Defeating amendment 1, we can pass the ordinance with amend- ments, lie said he understood Councilwoman click pointed that further research will be done regards the personnel board, Councilman Aber asked if we adopt with amendment 1, then we still have a personnel board? Councilman Ambarian replied no, Councilman Aber said then we're deleting what the attorney says doesn't exist, . - KENAI CITY COUNCIL FEBRUARY o, 1980 Page 12 Ruby Coyle spoke. She stated what the Council was doing, you are tak- ing out the entire thing as a personnel board that's in the Charter and the Ordinance. You're making the City Manager the final authority, Is this the Intent of the Council? Mayor O'Reilly replied yes, Mrs. Coyle asked what happens to the grievance appeal before you now? Since the last part of September you have not acted on it yet, The Borough attorney says "not by implication, but by vote. " Councilman Malston said it was his intent to request a work session next week after the information is received from the other agencies and address it as a separate discussion, MOTION: Councilman Ambarian moved, seconded by Councilman Aber, to reconsider the ordinance at the next meeting, Motion passed, with Councilman Aber voting no, Councilman Malston requested a work session Feb, 14, 1080 if the infor- mation is received regarding the personnel board. Council concurred, B-3 Application for Liquor Licenses MOTION: Councilman Measles moved, seconded by Councilwoman Qliek, to aeoreve 60 applications. " - Motion passed unanimously by roll call vote, B-4 Extension of Time - Liquor License Renewals This was just informational. No action was taken, C 1 PERSONS PRESENT SCHEDULED TO BE HEARD i, Rick Baldwin, Attorney, for Thompson a Swearingen Lease Renego- tiation, He explained that the negotiations have developed into lit- igation. It is scheduled for trial March 1, 1990, and has been pending since 1070. Action tonight will be negotiation and compromise, this will not be admissible in Coact, Hopefully, it will "go to Court. The Thompson lease is in the post Office building, the Morgan a nr V KP,NAI CITY COUNCIL FEBRUARY 6, 1080 r °t Page 13 Swearingon lease in the Clarion building. The lease cannot be modified once it is signed. The ordinances relating to the leases have boon written since those leases were signed. Atty. Baldwin then read the report pre- pared by Mr. Villas in 1975 regarding property values, lie then noted in 1073 Kenai was in the midst of a recession. The now looses have a 770% increase for the Clarion building, and a 497% increase for the post office building. His client would pay $08,000 more because of the ronogotiation rate. The "hang-up" is that the City feels they are entitled to Pair Market Value in 1978. It has doubled in one year, His clients have resigned themselves that they are not being treated equitably with the 1978 lessees. Atty. Delahay asked Atty, Baldwin, he had understood the proposal would also include Cason Atty, Baldwin explained no, Cason's has a Summary Judgment, it is different. Mayor O'Reilly asked, the problem as Atty. Baldwin sees it, is the lassoes of other lands that took leases in 1079 are at an unfair advantage with his clients? Any. Baldwin re- plied yes. Mayor O'Reilly asked, Atty. Baldwin's offer is to go back to 1977? Atty. Baldwin replied yes. Atty. Dolahay requested an executive session, He based this on finances and confidentiality. He also stated it should not be delayed, if it is going to suit, both attorneys are needing to start research. MOTION,, Councilwoman Glick moved, seconded by Councilman Malston for exec- utive session because it may jeopordize the finances of the City. Nation passed unanimously by roll call vote, Race" was called for executive session. MOTION., Councilwoman (flick moved, seconded by Councilman Ambarian, to make a counteroffer by negotiation: Fair Market Value per square foot AN M July 1, 1079, which with application of 6% rental rate would pay the City between July 1, 1979 and June 30, 1083, the some dollar value that is being offered by Thompson, and Morgan i Swearingen in this settle- ment. With the leases to be amended to include the 50% cap provision for the lst 30 years of the leases through June 30, 1998, Atty, Delahay suggested the administration compute and get back to Atty, Baldwin. The difference will be six years, Atty, Baldwin asked will the resulting effm be the some. Atty. Delahay replied yes. Atty. Baldwin said he would confer with his clients and return to the council, I I I I 4� I KA.NAI CITY COUNCIL FEBRUARY 6, 1980 Page 14 D MINUTES , D-1 Minutes of Regular Meeting, January 2, 1980 Mechanical corrections were suggested by Councilwoman Glick. Minutes were approved as corrected. D-2 Minutes of Regular Meeting, January 16, 1980 Minutes were approved as presented. E CORRESPONDENCE E-1 Mayor O'Reilly said he wanted to point out the activity of the energy committee will be held up until the meeting with Pacific LNG. Councilwoman Glick wished to add to the record tine Mr. Thomas knew of the meeting and could have come.a Y F OLD BUSINESS None G NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the bills as presented. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding $1,000. 160`O"f=* Councilman Malston moved, seconded by Councilman Measles: to approve the requisitions as presented. Motion passed unanimously by roll call vote. 0-3 Resolution 80-8 - Supporting Rep. Malone Seeking State Funds for Ind- ustrial Water Line. Councilman Ambarian asked Mayor O'Reilly if this was the one he wanted to postpone. Mayor O'Reilly explained yes, but Councilwoman Glick wanted to discuss it. Councilwoman Glick said the last paragraph would cause problems. Isn't there a similar resolution from a neighboring I KENAI CITY COUNCIL FEBRUARY 6, 1080 Page 15 City? Mayor O'Reilly explained that Representative Malone asked for this memorandum from all Peninsula municipalities. MOTION: Councilwoman Glick moved, seconded by Councilman Ambartan, to approve the resolution. There was no public response. Motion passed with Councilmen Measles and Malston voting no, 0-4 Resolution 80-9 - Transfer of Funds, Airport Land Budget - Repair Airport Gate - $300 MOTION: Councilman Malston moved, seconded by Councilwoman thick, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote, 0-5 Resolution 80-10 - Transfer of Funds, Legal - Price increase of Legal Publications - $600 There was no public response, Motion passed unanimously by roll call vote. 0-0 Resolution 80-11 - Supporting Ketchikan Gateway Borough Resolution for Reinstatement of Platting Powers MOTION: Councilwoman thick moved, seconded by Councilman Malston, to approve the resolution. There was no public response, Councilman Aber asked for clarification, Councilwoman thick explained what has happoned, the State has said in disposal of their lands, etc,, that they can do it without regard to Borough subdivision rules and reg- ulstions and what Ketehikan did was present this as their resolution that -- 1 r� � KFNAI CITY COUNCIL FEBRUARY 8, 1980 Page 10 the State should be made to comply with rules and regulations in disposal of lands the samo as the City and the Borough. Ketehikan to asking support from cities and boroughs. Motion passed unanimously by roll call vote. 0-7 Resolution 80-12 - Authorizing Acting City Manager to Sign Cultural Facilities Grant Program Grant Application, Civic Center. Mayor O'Reilly stated that two of the names had been changed from the original resolution. Kathy Settle, from the Civic Center Committee, explained she had taken the prime users and made the list, it can be added to. MOTION, with Amendment: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution with the 2 amended names. Motion passed, with Councilman Ambarian voting no. 0-8 Resolution 80-13 - Transfer of Funds, Public Works - Director to Attend Seminar - $200 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response. Motion passed unanimously by roil call vote. 0-9 Resolution W14 - Transfer of Funds, Capital Project Funds, Fire Reser- voir a Water System Improvements - Re novation of Well House 81, Rock- ford Corp. Change Order - $1,255. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 01 !. KENAI CITY COUNCIL. FEBRUARY 8, 1980 Pago 17 G-9A Change Order on Resolution 80-14. There was no public response. Change order passed unanimously by roll call vote. 0-10 Resolution 80-15 - Lobbying Effort, City Mayor, General Fund Budget - Secretarial Services s Lobby Services - $11,700. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the resolution. Atty. Delahay explained there appeared to be irregularities. He said he sent a memo to Council at that time. (Atty. Delahay read the memo to the Council) . Public Response: John Wise said the basic statement by the attorney shows a basic flaw, the City Council is in violation of the law. No more needs to be said. Ruby Coyle said if the Mayor can't go, who will we send? The City to the north has sent lobbyists and has received "many dollars." She said sho doesn't believe from "Sound -Off" that is what the legislators are for. They do not have enough time. Whatever Council can do, do something. Mayor O'Reilly relinquished the Chair to Vice -Mayor Glick. Mayor O'Reilly explained that to the public that doesn't understand the agony this has caused him, he will spare details except to say he really examined at the size of the project we were going into and the importance of it, various alternatives as to how it could be handled, the situation the City would find itself in if it didn't participate fully and get their fair share of funds available at State level, and come down to analyzing how it should be done." It is against my grain to present myself. I ap- preciate the Attorney's opinions. Renewable Resources is taking a trip to Port Angeles, I will be going, and will stop in Juneau. If any reason- able effort is made of the time in Juneau, it is time far above the normal time given to the job. If the City Attorney looked at Section 3-3 of the Charter, he would come back with a decision. " MOTIOI'J: 0 KENAI CITY COUNCIL FEBRUARY 8, 1080 Page 18 Mayor O'Reilly, having relinquished the Mayor's Chair to Vice -Mayor Glick, moved, seconded by Councilman Measles, to table Resolution 80-16 until the February 20, 1080 Council meeting, Motion passed unanimously by roll call vote. 0-11 Resolution 80-10 - Transfer of Funds, Water s Sewer Special Revenue Fund, Chloroform Tooting on Water Samples - $400. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution, Councilman Aber asked for an explanation. Public Works Director Kornelis explained the State no longer has an outlet for the testing, but it is still required. He explained the tests should be coliform. There was no public response. Motion passed unanimously by roll call vote, 0-12 Ordinance 048-80 - Amending Municipal Code 56.020, Correcting Rules a Regulations of Library Use. MOTION: Councilman Ambarlan moved, seconded by CouncUwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote, G-la Ordinance 549-90 - Amending Municipal Code - Exceptions to Short Term Parking Area Regulations, MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to introduce the ordinance. Councilman Aber asked if this had been discussed with the police department, Mr, Brown replied he had a memo from the police dept. (Hr, Brown reviewed the memo with the Couneff ) Motion failed unanimously by roll call vote, I ' 1 KRNAI CITY COUNCIL FEBRUARY 8, 1900 Page 19 G-14 Ordinance 550-80 - Increase in Revenues, General Fund Budget - Purchase Additional Library Books - $500 MOTION: Councilwoman (click moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. 0-15 Coopers 0 Lybrand - Final Billing, Office of Aging Grant - $1,500 MOTION: Councilman Ambarian moved, seconded by Councilman Measles, to approve the payment. Motion passed unanimously by roll call vote. 0-16 Coopers ` Lybrand - Final Billing, Federal Revenue Sharing Funds - r $3,500 MOTION: Councilwoman Click moved, seconded by Councilman Malston, to approve the payment. Motion passed unanimously by roll call vote. 0-17 Coopers a Lybrand - Final Billing, HUD Public Facility Loans Project - $1,500 MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the payment. Motion passed unanimously by roll call vc'.e. 0-18 GalHW - Binal Statement, Covered Potable eater Reservoir - $18,123.13. MOTION. - Councilman Ambarian moved, seconded by Councilman Malston, . t KENAI CITY COUNCIL FEBRUARY 6, 1080 Pap 20 to approve the paymeni. Motion passed unanimously by roll call vote, 0-10 C112M Hill - Step 3 Grant Application - $2,500, MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, to approve the payment. Motion passed unanimously by roll call vote. 0-20 CH2M Hill - Sewerage Projects Design - $37,400. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, to approve the payment. Motion passed unanimously by roll call vote. 0-21 USKH - Kenai Aerial Photo/Map - $30,397. MOTION; Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the payment. The &MOUnt due Was corrected to read *12,168. Motion passed unanimously by roll call vote, -22 & (1-23 Games of Chance b Skill - Fraternal order of Eagles, #3525 and Russian Ortlwdoz Church, BY VOICS vote of the Council, both applications were approved, 0-24 Funding for New city nati - iL Mayor O'Reilly said we should 90 On record as to how the City Hall will 41— be paid for, _ I'V KRNAI CITY COUNCIL FEBRUARY 0, 1980 Page 21 MOTION: Councilman Ambarian moved, seconded by Councilman Aber, that the new City Hall be paid for with cash. Councilman Ambarian said after review with the arohitect, he felt the cost is 26% higher than it should be (at least) which will bring down the cost considerably. He can see $76 per sq, ft. figure. Mayor O'Reilly asked if there was any discussio,► or alternatives. Councilman Ambarian said the biggest overaite is there is nothing relating to plumbing, Council- woman Glick said we are just looking at the City Hall, not the Health Center, that may be the reason it was not addressed, Mayor O'Reilly said they made a thorough analysis of alternatives. Councilwoman Glick said she will vote against it because: 1, It will take all the money for one project, it is not fiscally res- ponsible. The streets need work, we need water a sower* in Fidalgo Subdivision, Some applicants have been waiting for water & sewer over a year, 2. We should not spend all the money on one project and lot others wait a couple of years, Councilman Ambarian said we should look at the projects. Some should be paid for by themselves: 1. Airport 2. Frontage Road (through funds from Juneau) 3, Water & Sewer (should be by Wh$ funds) He continued, we are blowing up the projects to keep from building the City Hail, Councilwoman Glick said we encouraged people to develop, then told them we can't put in the amenities, Councilman Aber said he thought this was irresponsible, Years ago the people voted and the funds were used for wages, etc, Public Response: John Wise said the City Hall was not on the bond issue. Councilman Malston said until a few weeks ago, he was opposed to the bond issue, But he agrees we should not spend all the money on a City Hall. We should go to the people and ask if they want partial bonding or cash. It is a needed project, but it should be decided by the people, Councilman Ambarian asked are we going to ask the peop14 to vote the Health Center twice,` Councilman Malston said we are not voting the whole z F.s KENAI CITY COUNCIL FEBRUARY 6, 1080 Page 22 thing, just partial. The bonding is $400,000. NOTION, Amended: Councilman Malston moved, seconded by Councilwoman thick, to amend the main motion to have partial bonding, for - say, $400,000. Councilman Ambarian said if we get funds for the Civic Center, will the voters vote on this? Councilman Malston said he hadn't thought of that. Councilman Ambarian replied he had, the funds will go to the Civic Center, and not used for City Hall. Councilman Mal aton said that was not the reason for the motion, but that could be, Mayor O'Reilly said, to further clarify the amendment, $400,000 would be for matching funds on other projects. Councilman Malston said it would be left in the Capital Improve- ments or whatever fund it's in now. He further said, to answer Council- man Aber, the original proposal was $350,000 to $400,000 for City Hall. Now it to $000,000. lie doesn't think any of us had that in mind at the time. Mayor O'Reilly said the amendment calls for construction of a City Hall. However it to paid for, it will be built. Councilman Aber said there are 2 votes, cash and not ge to the people for a vote with bonding. r� Councilwoman (click said the votes are partial bonding and not at cash. The Civic Center had nothing to do with her decision. She is looking at what transpired at Planning a Zoning. The memo from P&Z said we should address other improvements too. It the people had to vote for a Civic Center, she doesn't think they should because we already voted on that. It's about time the people had that. Amendment passed with Councilmen Ambarian and Aber voting no Main motion passed with Councilmen Ambarian and Aber voting no Ron Chappell from the Clarion asked when will the voters have an oppor- tunity to make the decision. Councilman Malston replied at a special election. Councilwoman Glick noted as soon as possible. Waldo Coyle spoke. He said 7 or 8 years ago, the voters voted for a Civic Center and voted a bond issue. He felt the City was getting itself in a tangle. Ruby Coyle spoke. She said when we voted, we voted many propositions for a sum of money. The Civic Center was to include a City Hall, Library, meeting hall, swimming pool, etc, We built the Library, the Public Safety Building (thc Library was supposed to be part of the Civic Center) . There is money left, we might have legal entanglements. lip KENAI CITY COUNCIL H REPORTS H-1 City Manager Acting City Manager said the patents from the State on well house #2, clear title has been received. He also stated the 2nd patent on section 36, there is a question on access to the Inlet. Mayor O'Reilly reminded Mr. Brown to make it 501, now it will be mean high water mark. H-2 City Attorney None H-3 Mayor Mayor O'Reilly will be in Jur4au Feb. 26, and 27, 1980. Regarding the City Mantiger, five applications have been received, We have not heard from Bill Brighton. The City is planning a 20 to 25 minute ceremony to welcome the people &am Cambodia - The time is to be set. He also nominated Ann Shaw to the Recreation Commission, and Lori DdVit* as Youth representative for the Recreation Commission. Councilwoman Glick moved, se=nded by Councilman Malston, to approve the nominations. By voice vote, the Council approved unanimously. The Clark w" asked to send letters to both nominees. H-4 City Clark Clerk Janet Whelan said she will be on vacation Feb. 19, 1980 to She also reviewed the cost of the plaque to go on the painting to be hung at City Hall. ' ' � . ' � . � / | , | � KENAI CITY COUNCIL FEBRUARY 6, 1990 Page 24 H-S Finance Director Finance Director Charles Brown reviewed the memo regarding Airport Electrical Generation. H-6 Planning h Zoning Councilwoman Glick asked the Council to consider recommendations from the Planning a Zoning Commission. We will have to have an engineering firm as far as the lease goes. H-7 Kenai Peninsula Borough Councilman Ambarian asked that since the Council had just received the information on the Comprehensive Plan, he would like a deferment on discussion. Council concurred. H-8 Harbor Commission Mayor O'Reilly said he talked with Lon McLane of Pao. Alaska LNG. 1984 is the completion date of the project, they want to continue working with the City regarding the dook and industrial financing. Jack Green will be here February 12, 1980. Council is invited to attend. He also stated Mr. Bob Roper has a lease on lands the City is looking at for the City small boat harbor. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD Van Swan spoke. He said he thought he was on the agenda. Mayor O'Reilly replied he didn't remember and it is not in the minutes. Mr. Swan said he was promised a decision from the Council on whether he would have a personnel board hearing or not. Councilwoman Glick said she thought it was not in the minutes, but she thought we were going to have a decision. Mr. Swan asked what the minutes of Jan. 16 say. 1lerk Whelan read the minutes regarding the discussion on Mr. Swan. Mr. Swan said the ord- inance has nothing to do with him. The ordinance passed tonight------- CouncilmanAmbarian said that part of the ordinance was not passed. Mr. Swan said It the Council passes this you won't hear my case, this won't apply to my ease. He said he wants to have a hearing before the people, as indicated in the Code. Mayor O'Reilly referred to the Attorney's decision, By implication, the personnel board was repealed. Of course, the Council has not voted on the attorney's opinion. Grievances r i; } � .' I j r 1l.I • KENAI CITY COUNCIL Fk13RUARY 8, 1990 Page 25 procedures in the 1077 ordinance were made aware to Mr. Swan, or he was aware of them. He didn't know how Mr. Swan could appeal to a non-exislont board. Mr. Swan asked, what are you trying to do away with tonight? He wants to know if he has a right or not. He's going to keep coming back till he gets an answer. MOTION: Councilman Measles moved, seconded by Councilwoman Glick to accept as Council policy or understanding the City Attorney's opinion concerning the 1977 ordinance. Councilman Aber said he can't go along, he doesn't think it's morally right. If we were in the same position, how can you appeal to a person who fired you? He further said he doesn't care if it is repealed or not. Councilman Ambarian said he agreed. He can't go along with it. Council- man Aber said it is a "cover our butt" tactic. Councilwoman Glick said the fact is, we did enact an ordinance. Council makes policy, the ord- inance has governed the City for 2-1/2 years. Right or wrong, this is the policy, The City Manager has final authority. Also, in the State <� Statutes, the City Manager has the final authority. If the ordinance is declared illegal, do we wipe out pay raises, etc.? They are part of the same ordinance. Councilman Aber said there were people who didn't want the personnel beard when it was made up. Public Discussion: Ruby Coyle said_ she helieves before thiss is pane, we should review Ordinance 330-77. The minutes should be reviewed, see if the impli- cation is doing away with the personnel board. She feels sure that if the minutes were reviewed, the intent of Council would be to keep it. Mayor O'Reilly asked Atty. . Delahay if the Council should review the minutes. Atty. Delahay said the ordinance said the City Manager decision would be final. Mr. Swan asked, the Council has accepted the City Attorneys opiaton? The Code has been passed, the Attorneys decision is that by implication the board did not exist? Mayor O'Reilly replied yes. Motion passed with Councilmen Aber and Ambarian voting no. Waldo Coyle asked to speak. He said he thought the Council had pulled a rotten trick. What are you trying to hide? You allow a ,r:an to be fired, and he has no right to a hearing. �J Councilman Aber spoke, He would like to resign from the Council. This t� KENAI CITY COUNCIL FEBRUARY 6, 1060 Page 26 needs to be discussed. He no longer lives in the City. There was no action by Council. Councilwoman Glick said the maintenance contract from Honeywell, the recommendation of the Public Works Committee is that the admin- istration write a letter to Honeywell of interest, we will keep it in abey- ance till the Council work sessions. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to direct the administration to write a letter toHoneywell expressing an interest to their proposal, and that this will be kept in abeyance till Council work sessions. Motion passed unanimously by roll call vote. Councilwoman Glick said the reappointment of Mr. Brown as Acting City Manager ran out on Saturday, do we need action? Mayor O'Reilly replied yes. Councilwoman Glick asked if it was legal to appoint. Atty. Delahay replied as legal as it was last time. You can appoint anyone you want. He also asked why appoint him if he is on vacation. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to reap- point Mr. Charles Brown as Acting City Manager to run through March 10 ADJOURNMENT Meeting adjourned at 12:15 AN. RespeettUlly Submitted, JAdet Whelan, City clerkIT W R , KENAI CITY COUNCIL PEBRUAtSY 0, 1980 Verbatim Transcription of portion of minutes: Ruby Coyle: If our Mayor can't go, than who should we Rend? I think that we do need some representation down there and I think this is very Important. I don't know what ramifications we can got by with the law, but I feel very strongly that our city to the North has had many many (Botty, quit laughing at me) paid lobbyists down there and have brought back many many thousands of dollars for the City of Anchorage. So I think that it would behoove the City, if we want funding for projects that are in line, that there probably should be some lobbyist down there. And I don't agree with what I've been hearing on Sound -Off that a legislators - that's what they're there for. I realize they're there for doing all they can for us but I also realize that they're very very busy People and there's many many things coming before the Legislature and I don't fool that they have time (whatever you want to call it) "courtin"' or talking with or getting acquainted with and influencing other legislators to go along when a vote comos up for something to be appropriated for the different areas and specifically for our area as the City of Kenai. And whatever you Council can do, wc. k out something. Let's get somebody down there to represent us. I don't know - there's so many laws entangling, I can't keep up with them - it's just like paperwork. And I thank you. a a