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HomeMy WebLinkAbout1980-02-20 Council Minutes10 AGENDA i KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 20, 1980 ;'.6. 2tra PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL E � B PUBLIC HEARINGS 1. Ordinance 537-79 - Personnel Ordinance - Motion to Reconsider 2. Ordinance 548-80 - Correcting Rules a Regulations of Library Use 3. Ordinance 550-80 - Purchase Additional Library Books - $500 4. Application for Liquor Licenses a. Daddy's Money b. Italian Hardens C PERSONS PRESENT SCHEDULED TO BE HEARD y a i 1. Rick Baldwin - Swearingen Lease Renegotiation fM 2. Dave Diamond - Support for Andy's Flying Service per ATC 3. Ruby Coyle - Personnel Board 4` 4. Carmen Hintoli - Rendering of Proposed City Hall (+ f) D MINUTES R E CORRESPONDENCE 1. Mike Seaman - Resignation of Council Position ' P OLD BUSINESS H NEW BUSINESS I? r 1. Bills to be Paid, Bills to Be Ratified N 2. Requisitions Exceeding $1,000 3. Ordinance 551-80 - Reconnaissance Investigation of Small Boat Harbor - $10,000 i 4. Ordinance $52-00 - Increase Harbor Commission Funds - $3,000 G S. Resolution 80-15 - Lobbying Effort - City Mayor - General fund Budget - Secretarial Services a Lobby Services - $11,700 i 8. ,.Resolution 80-17 - Renovation of Well House #1 - $374 7. Resolution 80-18 - Retaining of Wohllorth a Flint - Attorneys Pees - $2 , 000 8. Resolution 80-19 - Repair Airport Electrical System - $735 , 9. Special Use Permit - Andy's Plying Service 10. Rockford%Corp: Contract Change Order - $373.75 11. Rockford Corp, - Final Pay Estimate - $20,625.15 12, Carmen Hintoll. - Senior Citizens Center - $3,500 Nominations/Appointments for City Council Vacancies H REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning a Zoning Commission "- 7. Kenai Peninsula Borough Assembly S. Harbor Commission I PERSONS PRESENT NOT SCHEDULED TO BE HEARD pp l ADJOURNMENT 1. i t� d i ' I h l+ I ' .. A I" 101 64 1 MR KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 20, 1990 - 700 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Edward Ambarian, Raymond Measles, Betty Glick, Ron Malston, Vincent O'Reilly Absents None Mayor O'Reilly stated he would welcome a motion to appoint Mrs. Mary Ann Dore as Acting City Clerk, moved by Councilwoman Glick, seconded by Councilman Ambarian. Council so concurred. AGENDA: Mayor O'Reilly requested under New Business a "G A" be added entitled "Election of new Council persons." Council so con- curred. B. HEARINGS B-is Ordinance 537-79 MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick to reconsider Ordinance 537-79. Mayor O'Reilly read Ordinance 537-79 by title only. "An ordinance of the Council of Alaska codifying into the 1979 Kthe amity of Kenai, enai Code the Personnel Ordinance of the City of Kenai as Title 23." There was no public comment. Notion passed with Councilmembers Measles and Malston voting no. City Attorney Delahay explained the proposed amendments to Ordinance 537-79. Proposed Amendment #1 would make an exception to handling disciplinary actions such as suspension, demotion, or dismissal as grievances to be made directly to a Personnel Board selected from an Arbitration Panel, j ,ra I W February 20, 1980, Page 2 Proposed Amendment #2 adds two sections to Chapter 23, 23.35.032 "Arbitration Panel" and 23.35.034 Procedures On Appeal." Proposed Amendment to Amendment $2 substitutes a new subsection a that provides a different method of ehosing the Personnel Board from the Arbitration Panel. Two methods were set out in the ordinance and City Attorney Delahay wanted to make sure which method the Council would prefer. MOTIONS Councilman Ambarian moved, seconded by Councilman Malston to amend Ordinance 537-79 with Amendment #1 and Amendment #2 and in Section 23.35.034 put in the substitute amendment. City Attorney Delahay pointed out that a repetition occurred since the amendment to amendment #2 was accepted. He asked that in Section 23.35.034(b) lines 2, 3, and 4 be deleted all except the word "shall." MOTION, AS AMENDEDs Councilman Ambarian moved, seconded by Councilman Malston to amend the motion to delete in 23.35.054(b) lines 2, 3, and 4 except the word "shall." Mayor O'Reilly questioned if the fifth whereas needed to be changed and City Attorney Delahay said it did not. Motion passed unanimously by roll call vote. Ruby Coyle wished to speak on this ordinance. She was concerned about repealing certain sections of the first Code of Kenai. At the last Council meeting she asked that the minutes of the Council be reviewed at the time the personnel ordinance was passed in 1977. Councilwoman Glick reviewed her minutes and found nothing in the minutes. Has any of the administration researched the minutes of 1977 of any mention of deleting the Personnel Board in the first ordinance which is the operation of the City government? City Attorney Deahay said the City Clerk went through the minutes for the entire year on personnel actions from the time the City Manager first brought up the suggestion of completing and clarifying the personnel ordinance. The only thing that shows intent is that "the opinion of the City Manager shall be final." J x February 20, 1980, Page 3 Ruby Coyle said that since no mention in the minutes of 1977 show deleting an item as important as the Personnel Board would this change your decision? City Attorney Delahay replied no. The Council decision passing the Personnel Ordinance which stated "the City Manager's opinion being final, "that finality would overcome the weight that is placed by repeal by implication. Ruby Coyle referred to the opinion that was sent by the City Attorney which states "to be repealed by implication it has to contain all items that is in the former ordinance." She didn't believe that it would be the intent of this body to delete Chapter 1, "Form of Government," nor to write the personnel ordinance in 1977 by implication covering the subject. City Attorney Delahay stated that all portions of Title 1 related to personnel were repealed by implication. It didn't repeal all other sections not regarding personnel. MAIN MOTIONS Motion passed unanimously by roll call vote. B-2s Ordinance 548-80 Mayor O'Reilly read Ordinance 548-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska, amending a portion of KMC 1.56.020 to correct the rules and regulations of library use." There was no public comment. MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 548-80, amending a portion of the Kenai Municipal Code relating to the library. Motion passed unanimously by roll call vote. B-3s Ordinance 550-90 Mayor O'Reilly read Ordinance 550-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget by 0500 to purchase additional library books." 11 J ^ Fehrnnry ?n; 1980, Page 4 ' 1 There was no public comment. MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 550-80, increasing 1979-80 General Fund Budget by $500 for library books. Motion passed unanimously by roll call vote. B-4s Application for Liquor Licenses (a) Daddy's Money, (b) Italian Gardens MOTIONS Councilman Malston moved, seconded by Councilwoman Glick that a letter of non -objection be sent to the State of Alaska approving the liquor license renewals of Daddy's Money and Italian Gardens. Motion passed unanimously by roll call vote. Cs PERSONS PRESENT SCHEDULED TO HEARD C-ls Rick Baldwin rJ Rick Baldwin, Attorney representing Swearingen & Morgan, and Jack Thompson spoke on the lease renego- tiations. After discussing the lease rates on Lot 10, Alyeska Subdivision for the next 5 years, or until 1983, Mr. Thompson accepted the City's offer. That offer is that Mr. Thompson shall pay 8.4 cents per square foot for the property through 1983 and it will be renegotiated at that time. Mr. Baldwin said that the City's offer was essentially the amount Swearingen & Morgan were prepared to pay. To compromise, Swearingen & Morgan will pay more for the first 5 years than lessees in the same area. When the leases are renegotiated in 5 years, the "cap" rate that benefits all other neighboring lessees will keep other lessees' rates lower then Swearingen & Morgan. As a counteroffer, at the renegotiation period in 1983, Swearingen & Morgan ask that they not be treated any differently then people who leased in 1978 whose leases will be renegotiated ir, 1983. Only way would be to tie it in with the 1977 appraisal providing Swearingen & Morgan's rates don't go higher than the 1977 appraisal. -- R February 20, 1980, Page 5 Councilman Ambarian stated that the 50% "cap" is the maximum of the increase. Problem could be less than 50%. By the ordinance, Swearingen & Morgan's could increase 70% at which time the City's general fund would have to put in 20% to the airport fund. we need to look at this through the general funds viewpoint. Any improvements on the property would also increase the value of the land. Attorney Dolahay said that the lots Mr. Baldwin were comparing his clients' lot with are different, i.e., corner vs. middle of the blocks near vs. further from town. At the present time the ordinance provides a 50% cap for these parties. With this compromise Swearingen s Morgan would be changed to incorporate the 50% cap which would protect them for the next 20 years. Mayor O'Reilly asked if Mr. Baldwin could have a written report prepared immediately to be reviewed at the earliest possible time to avoid the upcoming court date. C-2s DAVS DIAMOND Mr. Dave Diamond, President of Andy's Plying Service, approached Council for support. Andy's Plying Service was awarded the temporary service route between Kenai and Anchorage. There will be a hearing on March 25 and Andy's is looking for support from the public and Council with Alaska Transportation Commission. It is not a question if there will be another service awarded, but who will be awarded it - Polar or Andy's. Andy's Plying Service has beer, ire rersai since 1955, have terminal space in the airport, pilots and mechanics are employed in Kenai, and Andy's has a good safety record. Councilman Ambarian wanted to know when the next hearing on the award of permanent service would be. Mr. Diamond said that on March 25 the financial status of Polar would be reviewed. At that time if financially sound, Polar would be awarded the service. Councilman Ambarian asked if a resolution giving Andy's support would be sufficient to which Ur. Diamond stated it would be. MOTIONS Councilman Ambarian moved, seconded by Councilman Measles that a resolution be prepared supporting - Andy's Plying Service for the Kenai -Anchorage route and be presented to Council at the nest Council meeting. February 20, 1980, Page 6 Councilwoman Glick said that when the Council discussed this at a work session Council directed Administration to see if we put support behind Polar some time in the past. Can we go through with the resolution if we have? Acting City Manager Brown could find no evidence of our giving support to Polar in the Council minutes. Mayor O'Reilly asked if a Polar representative should be asked to attend the next meeting. Councilman Ambarian said we need to support the locals. He feels that Andy's can give the required service that we need and doesn't feel any need for Polar to be present at the next meeting. Mr. Diamond stated that Andy's is trying to get the job done and stated that on weather -delay days they can get out immediately as the weather clears while other airlines cannot. Motion passed unanimously by roll call vote. C-3s RUBY COYLE Had no further comments since she spoke earlier. C-4s CARMEN GINTOLI Mr. Gintoli made a formal presentation of what the proposed new City Hall will look like. This is the building as we originally designed it. The rendering was already being prepared when we received estimates and decided to use the Council Chambers as an added alternate. The Council Chambers will be on the side, even though this rendering shows it above ground. As far as estimates, he feels it will be within the budget. The model is under construction and should be available for the next Council meeting. Meanwhile, the rendering was presented to be hung up in City Hall. E-is Letter from Mike Seaman Council was directed to the letter of resignation from Mike Seaman. F. OLD BUSINESS None i ��7 L-.'- 21 ii!�'-. 0 ' February 201 1980, Nave 7 G. NEW BUSINESS G-As ELECTION OF NEW COUNCIL MEMBER. Mayor O'Reilly asked City Attorney Delahay to explain the term of office. City Attorney Delahay said that both Council members who resigned had terms of office expiring in 1981. Under Section 29 of the Charter, the Council will appoint members to serve until the election in 1980 at which time a eouneilperaon will be elected to fill the unexpired terms of these members of the following year. Mayor O'Reilly offered the names of Dick Mueller and Victor Hatt for seats on the Council. Councilman Malston said that Jess Hall has also expressed desire to serve. Mayor O'Reilly said that Mrs. Chris Martins offered to run but he pointed out the 3-year resident requirement which she does not meet. Mayor O'Reilly asked for any further nominations, being none, City Clerk was asked to distribute ballots. City Attorney Delahay questioned if it was to be by secret ballot? Ruby Coyle said that the Attorney General stated you cannot vote by secret ballot. Mayor O'Reilly said that our other elections were hold by secret ballot so we would proceed by secret ballot. City Attorney Delahay said Charter 2.9 states, "The Council, by a majority vote of its remaining members, shall fill vacancies in its own membership." i Councilman Malston said that if we are to vote for one seat at a time, we should nominate. Councilman Malston nominated Jess Roll. Councilman � Measles nominated Dick Mueller, Council Ambarian nominated Victor Kett. Results, HALL 1 vote, HETT 1 vote, MUELLER 3 votes Mayor O'Reilly appointed Dick Mueller to fill the vacant seat. City Clerk would you distribute the ballots for the second seat? Mayor O'Reilly asked for a tally. i f°. February 20, 1980, Page 8 Results, NETT 1 vote, HALL 2 votes, 2 votes ware blank. It was decided to postpone the election of the second seat as two of the Council were not familiar with the nominees. MOTIONs Councilman Ambarian moved, seconded by Councilman Measles to postpone selection of a Councilperson to the City position until next meeting. I Notion passed with Councilman Malston voting no. G-ls Bills to be paid, bills to be ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Ambarian for approval of bills to be paid and bills to be ratified as presented this date. Notion passed unanimously by roll call vote. G-2s Requisitions exceeding $1,000 MOTIONS ' Councilwoman Glick moved, seconded by Councilman � Malston for approval of requisitions exceeding 01,000 as listed. I Notion passed unanimously by roll call vote. i G-3s Ordinance 551-80 Mayor O'Reilly read Ordinance 551-00 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund budget by $10,000 for a reconnaissance investigation of the feasibility of small boat harbor developments in the Kenai River, and ' authorizing the Acting City Manager to sign the contract agreement with the State of Alaska for such investigation." NOTIONs Councilman Ambarian moved, seconded by Councilwoman Glick for introduction of Ordinance 551-80, recon- naissance investigation of small boat harbor. Motion passed unanimously by roll call vote. J February 20, 1080, Page 9 Acting City Manager Brown said that the dates on the ordinance are incorrect as this ordinance was to have boon prosentod at the last Council meeting. We are hoping for introduction and public hearing tonight. The funds are available at the present time for this ordinance. Councilman Ambarian questioned the requirements for public notice and Acting City Manager Brown said that all that was required was posting on the Official City Bulletin Board. Councilwoman Glick explained that this ordinance was projected to be on the last agenda. Prior to that meeting the Harbor Commission wanted it to be delayed in order that they might do further research on it. City Attorney Delahay read from KMC 1.15.070(4) that it takes unanimous consent of all present to proceed to a second hearing. MOTION s Councilwoman Glick moved, seconded by Councilman Meaales for a second hearing on Ordinance 551-80. ry Councilman Ambarian wanted public comments before voting. John Wise said he didn't understand the purpose of the ordinance, He didn't feel the public had been given any opportunity to review the information in this ordinance. Unless Council declares an emergency on this ordinance, it would be improper for this ordinance to have a public hearing tonight. John Williams, Vice -Chairman of the Harbor Commission spoke on the merits of Ordinance 551-80. The request for 010,000 is a request for matching funds of $5,000 from the City. The additional $5,000 will be in the E form of a grant from the State Department of Boats & Harbors. The reason for the request of funds is to compile studies and answer questions for the potential construction of a small boat harbor in the mouth of the Kenai River. r February 20, 1980, Page 10 Our delegation in Juneau was instructed to put in a request to the Finance Committee for funding for the small boat harbor. Since they have $8 billion in requests our legislative delegation said since we don't have any plans formulated for a small boat harbor yet we formulated a plan to ask for direct appropriationq from Legislature of $500,000 to make a feasibility study to design the total small boat harbor. with a $5,000 grant we will compile all information gathered and address all matters from Don Statter's office. Our Legislative delegation wants all information by April 15th but we have asked the secretarial staff from our Committee to get an extention until April 30th. Councilman Ambarian said he was not questioning the nature of the ordinance but merely the procedure in which the ordinance was to be handled. John wise said he had researched the City records and found no mention that the City ever adopted the "Capital Improvement Program." If you have a "Capital Improvement Program" then formally rut it on the table and in the records where the public can see the program. Motion passed unanimously by roll call vote. G-3. RE -INTRODUCTION OF ORDINANCE 551-80 Mayor O'Reilly read Ordinance 551-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget by $10,000 for a reconnaissance investigation of the feasibility of small boat harbor developments in the Kenai River, and authorizing the Acting City Manager to sign the contract agreement with the State of Alaska for such investigation." There was no public comment. NOTION: Councilman Ambarian moved, seconded by Councilwoman Glick for adoption of Ordinance 551-80, reconnaissance investigation of small boat harbor in the amount of $10,000. s. Motion passed unanimously by roll call vote. _- Mayor O'Reilly said it has been pointed out considering -% the time frame of hiring on the consultant to perform work, perhaps a motion would be in order empowering the City Manager to hire a specific consultant. John _ Williams will you explain what transpired at the Harbor Commission yesterday on the consultant? t k 4 February 20, 1980, Pago 11 �1 John Williams explained that the Harbor Commission has spent several evenings of study on this. it is their opinion to hire a single consultant versatile to handle the project. We had suggested Wince Corthell, however, they felt they could not do it for that amount. The Harbor Commission decided on Dr. Margo Zuelow, from the University who is a past State department grant writer from the Department of Education. Bob Peterkin, the Acting City Manager and myself will interview Dr. Zuelow and if her qualifications are satisfactory, then we would draw up a contract. Mayor O'Reilly asked if a contract is approved at the - next Council mooting would that be sufficient? Mr. Williams said that since the deadline is April 15th, that would be satisfactory. MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick to appoint John Williams, Bob Peterkin and the Acting City Manager to interview Mrs. Margo Zuelow and be prepared to offer a contract for our approval at the March 5th meeting. Motion passed unanimously by oll call vote. A G-4s Ordinance 552-80 Mayor O'Reilly read Ordinance 552-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget for the Harbor Commission." MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick for introduction of Ordinance 552-00, increasing Harbor Commission funds in the amount of $3,000. i Motion passed unanimously by roll call vote. G-5s Resolution 80-15 Mayor O'Reilly indicated that the City Attorney had difficulty with this resolution and the path of action --- this resolution would entail. With Council's approval _ we would like to withdraw this resolution for further _ work prepared by City Administration and myself. o � fl"1 February 20, 1980, Page 12 MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick to withdraw Resolution 80-15 from the agenda. Motion passed unanimously by roll call vote. G-6s Resolution 80-17 Mayor O'Reilly read Resolution 80-17 by title only. "A resolution transferring monies in the Capital Project Fund entitled 'Fire Reservoir and other water System Improvements' in the amount of $374 for the renovation of Well House Number One." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick for adoption of Resolution 80-17, transfer of funds in the amount of $374 for the renovation of Well House Number One. Motion passed unanimously by roll call vote. G-7s Resolution 80-18 Mayor O'Reilly read Resolution 80-19 by title only. "A resolution transferring monies in the 1979-80 General Fund Budget in the amount of $2,000 to retrain Wohiforth and Flint as bond counsel." There was no public comment. Councilman Ambarian wanted to know if this transfer would not be made until the special election is held. Acting City Manager Brown said it would be retained immediately to review the proposed resolution, copy attached, and to investigate what the legal requirements are. Motion passed unanimously by roll call vote. G-Os Resolution 80-19 Mayor O'Reilly read Resolution 80-19 by title only. "A transfer of funds in the 1979-80 Airport Land System Budget in the amount of $735 for repairs to the electrical system on the Airport." There was no public comment. Motion passed unanimously by roll call vote. ko February 20, 1980, Page 13 G-9s Andy's Flying Service -Special Use Permit MOTIONs Councilman Ambarian moved, seconded by Councilman Measles for approval of the Special Use Permit for Andy's Flying Service in the Airport Terminal from February 9, 1980 through and including June 7, 1980 for a total fee of $166.80. Motion passed unanimously by roll call vote. G-10tContract Change Order - Rockford Corporation MOTIONS Councilman Ambarian moved, seconded by Councilman Malston for approval of Contract Change Order #3, Rockford Corporation, in the amount of $373.75 for Well House N1. Motion passed unanimously by roll call vote. G-ilsFinal Pay Estimate -Rockford Corporation Acting City Manager Brown said there is an inspection on the project today and a punch list of 7 items. This Change Order should either not be approved or approved subject to work being done on punch list to be paid at a later date. MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the final pay estimate for Rockford Corporation subject to the punch list as of February 20, 1980 in the amount of $20,625.15. Motion passed unanimously by roil call vote. G-12sCarmen Gintoli-Senior Citizens Center MOTIONS Councilman Ambarian moved, seconded by Councilwoman Glick for approval of payment to Carmen Gintoli in the amount of $3,500.00 for architectural services on addition to the Senior Citizen's at Fort Kenay. Motion passed unanimously by roll call vote. APPLICANTS FOR CITY MANAGER Mayor O'Reilly said we have 14 applications before us for the position of City Manager. Since we also have i Miii+Ww:'.ws . /''I 0 February 20, 1980, Page 14 to review the proposal from Rick Baldwin with regards to the leases on Swearingen & Morgan should we recess until tomorrow at 400 p.m.? MOTIONS Councilman Ambarian moved, seconded by Councilman Measles to recess the Council meeting until tomorrow at 5s00 p.m. Motion passed by unanimous consent. RECESS Council recessed at 905 P.M. to reconvene Thursday at 500 P.M. at the Public Safety Building. RECONVENE - THURSDAY, FEBRUARY 21, 1980 The regular meeting of the Kenai. City Council was re- convened by Mayor O'Reilly at 500 p.m. with all Council present. Mayor O'Reilly referred to the memo from City Attorney Delahay regarding secret ballots. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston to reconsider the election of Councilpersons to the seat. Motion passed by roll call vote with Councilman Ambarian voting no. Mayor O'Reilly stated that we would have a voice vote. The Chair welcomed nominations for City Councilpersons. Councilman Malston nominated Jess Hall. Councilman Measles said that since we have already had nominations yesterday can we just make a motion to elect Mr. Mueller by voice vote and not have to nominate again? City Attorney Delahay said yes. By unanimous vote, Mr. Mueller was elected to fill a vacancy on the Council. NOTION s Councilwoman Glick moved, seconded by Councilman Malston that in consideration of the second Council seat, to ask for immediate reconsideration of nominations of the second seat available. i j i 4, ­­1­11. '' .1., ­01 it February,2e, 1980, Page 15 Councilman Ambarian stated that last evening he was in favor of continuing with the selection of the second Councilperson, but now he didn't think 24 hours is long enough. He has been in contact with several people who would be qualified for the seat and have not received any answers yet. However, Councilwoman Glick felt that we should elect the second member tonight. Motion passed by roll call vote with Councilman Ambarian and Mayor O'Reilly voting no. Councilman Malston nominated Jess Hall. Mayor O'Reilly asked for any further nominations for the seat. Having none the Chair called for a voice vote. Mr. Jess Hall was elected with Councilman Ambarian voting no. Mayor O'Reilly advised Mr. Mueller that he will be sworn in at the next Council meeting and that he won't be able to vote tonight. PROPOSAL FROM RICK BALDWIN Mayor O'Reilly asked if Council had a chance to review Mr. Baldwin's letter. Councilman Malston said he didn't know how we could commit ourselves to do some- thing in 1993 and asked if we could accept his original offer of 2 weeks ago at .039 cents per foot. MOTIONs Councilman Malston made a motion to accept the earlier offer at .039 cents per square foot and they are paying an extra year's lease rate... City Attorney Delahay said Councilman Malston questions what we would be doing in 1983. On February 6, 1980 we amended subsection (d) with regard to leases which had not been redetermined at previous 5 year intervals and would provide that the determined rate would not exceed 150% of the 1977 fair market value times 6%. In making the counteroffer to Morgan & Swearingen, it was based on renegotiation of the fair market value as of 1978. That amendment would not be effective until March 6, > 1980, and you are now working with the old ordinance which states that at the next 5 year interval the rate may not exceed 150% of the=977 appraisal. They are asking for amount for a shorter period of time which would be 4.48 cents based on the evaluation in 1978. �✓ They are asking that at the next redetermination period the upper limit would be 1977 appraisal with 50% cap. That's what the present ordinance says. A number of • j i / I I • I b r I N 1 it February 2(r, 1980, Page 16 Council members expressed opinion that they did not want to go back and aec©pt evaluation of 1977 nor make any modification of 6% rate no the counter offer of Morgan and Swearingen might be a clearer way to do it then what Councilman Malston suggests. Councilwoman Glick said that if we go with Councilman Maloton's motion or if we take their counteroffer it would end up at the same point in 1983. City Attorney Dolahay confirmed this. He stated that this provision in the ordinance would be placed in the lease that the 1983 negotiation would have a top of the 1977 evaluation with a 50% cap and thereafter 50% would be inaugurated until 1998. There is a typographical error in Baldwin's letter as to the dates. First paragraph says 1973 to 1978 but it should be 1983 to 1998, a lr year period. Councilman Malston's motion failed for lack of second. Mayor O'Reilly asked Mr. Baldwin if it would be ac- ceptable to accept his counterproposal and the rate in 1983 would not be in excess of the rate as established in 1977 with 50% cap. Rick Baldwin said it was satisfactory. MOTIONS Councilman Measles moved, seconded by Councilman Malston to accept Mr. Baldwin's counterproposal of February 21, 1980. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager None H-2 City Attorney City Attorney Delahay had communication with Rick Garnett concerning two cases. 1) Clarion vs. City - he will have a rough draft of the brief on appeal down to us early next week. 2) Connie - he is endeavoring to work with the U0 representative on the lien and has sent us a copy of a letter sent to the IRS. H-3: Mayor 1. We have a vacancy on the Planning & Zoning Advisory Commission and the name of Wayne Regelin was submitted. He would like to offer his name for the position. I I E 1n L� .1 February -20', 1980, Page 17 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles to offer the name of Wayne Regelin for the vacancy on the Planning & Zoning Commission. Motion passed unanimously by roll call vote. 2. The Harbor Commission is working with Mr. Roper to establish a small boat harbor in the Kenai River. Mayor O'Reilly suggested that a meeting be set up with Mr. Roper and a committee group to discuss what Mr. Roper's position should be with the City on his leased land with the City. in discussion it was decided that the committee should consist of the City Attorney, Chairman of the Harbor Commission, and one member of the Public Works Committee, Councilwoman Glick being nominated to be on the committee. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston to establish a committee with the City Attorney, Chairman of the Harbor Commission and myself to discuss and negotiate with Mr. Roper his position on his leased land with the City. Motion passed unanimously by roil call vote. Mayor O'Reilly requested the Acting City Clerk to notify Mr. Peterkin of this action and of his being the chairman pro tem. Ask Mr. Peterkin to call a meeting satisfactory with committee members and Mr. Roper. 3. Mayor O'Reilly advised that he had a conversation with Chuck Case of Union Oil today. He sent Mr. Case a copy of the memo on the Energy Committee. Mr. Case said Union Oil could meet and discuss the possibility of changing some of the lease provisions that call for royalty payments in value not in kind. H-5s Finance Director None. H-6s Planning & Zoning Commission Councilwoman Glick advised that at the February 13, 1980 meeting the item of most importance was recom- mended rezonin4 of lots 1 and 15 of Block 16 of Carl F. Ahlstrom Subdivision from suburban residential to i t I �� _L.. February ;e, 1980, Page la commercial. This rezoning is in conformance with the accepted Comprehensive Plan. H-7s Kenai Peninsula Borough Assembly Councilman Ambarian reported that at their regular meeting there was an introduction to accept the Comprehensive Plan. An amendment was passed deleting pages 146 to and including 161 regarding the annexation policy of the City of Kenai. A resolution also passed which directed the Borough Mayor and the Planning Department that any further studies on the Comprehensive Plan are not to address the annexation policies. Councilman Malston stated that the Comprehensive Plan was supposed to be the City of Kenai's plan. it no longer is the City's plan but the Borough's plan for the City of Kenai. Councilman Ambarian pointed out that any "outside the City" assembly members will vote no on any planning ordinances and resolutions. They are the majority of the vote and unless we have Juneau change it so we can control planning and zoning, we can do nothing. Mayor O'Reilly wanted to know if Council wished to send a letter to the Assembly, but Councilman Ambarian said direct contact with "outside the City" members would be more effective. H-8s Harbor Commission Mayor O'Reilly stated that judging by the ordinances and resolutions presented, we have a general idea that they are trying to get State funding at the present time. PUBLIC COMMENT Ruby Coyle just wanted to state her opinion on the Comprehensive Plan saying that once districting io put into effect the voting will change. She recommends that all City Mayors send letters to the Assembly. FURTHER BUSINESS Councilman Ambarian said in checking with the City Attorney and reviewing Section 1.15.110 on voting, f i 4 i i f i 1` // February 2r, 1980, Page 19 the motion for reconsideration should have been made after the vote yesterday and no action should be taken until the next meeting. Mayor O'Reilly said that per City Attorney Delahay's memo he called for a motion to reconsider voting that took place for the first seat yesterday. City Attorney Delahay stated that Councilman Ambarian is speaking about the postponement of the vote on the second vote and not the vote concerning Mr. Meuller, which did not concern reconsideration since the first vote was void because, in accordance with ordinances and state statutes we have to have a voice vote rather then a secret ballot. In other words, we are talking about a motion to postpone that was made and passed. The ordinance provides that a motion to reconsider should be made immediately after announcement of the vote or at the next succeeding meeting. As he interprets that, this second Council seat is still vacant. Councilwoman Glick referred to an opinion given by Attorney Schlereth on reconsideration. She said what she was told before and what she is being told now are two different things. Mayor O'Reilly stated that as it now stands we have one Couneilperson elected and another election will be held at the next meeting. EVALUATION ON CITY MANAGER APPLICATIONS Mayor O'Reilly said he devised an evaluation sheet to evalute the applicants. Councilman Malston said he thought the Council had decided to hire Mr. Brighton once the trial was over. The only reason we advertised was in case he was convicted we wanted these applicants as a back-up. Councilwoman Glick read an exerpt from the January 2nd minutes where it stated that there would be a postpone- ment until January 28th after the trial on Mr. Brighton. A decision would be made on February 6, 1980. Councilman Malston made a motion to readvertise so in case Brighton falls through we will not have to wait another 60 to 90 days. If Brighton was not convicted, he would be among the new applicants for consideration. Councilman Measles stated he tried to call Mr. Brighton on several occasions; even the lawyers were unable to i .. l ~ ��'��-• - - r+.-.+--ram.. 4 �y -_ - - i February 20, 1980, Page 20 k contact him on several occasions. Yesterday he did return his call and had been on vacation since the hearing. He definitely was interested in the job. There is no truth to the rumor that he was going to run for Lt. Governor of Indiana. Mr. Brighton said if he were selected, he could be on his way to Kenai in 2 to 3 weeks. i 9 MOTIONS j Councilman Malston moved, seconded by Councilman 1 Measles to hire Bill Brighton as the City Manager. I Mayor O'Reilly asked Councilwoman Glick to take the t Chair. , Mayor O'Reilly said he has had second thoughts on Mr. f - Brighton. He is not fully convinced that Mr. Brighton could make the adjustments to this task. Secondly, he is disappointed that Mr. Brighton had not contacted him as soon as the court case was resolved. This lack of communication indicates a less than concern for the feelings of Council and his enthusiasm for the tasks. Mayor O'Reilly will accept the majority but will be • voting no. The Chair was returned to the Mayor. e� Councilwoman Glick said that after she read all the i information over on Brighton she did not feel the need _ for Brighton to communicate with us. He was led to ' believe that his name would be put in with the others. Councilman Malston questioned why Mayor O'Reilly felt it would be hard for Mr. Brighton to adjust to Kenai for everyone has to adjust. Mayor O'Reilly stated that the set up in Indiana was for a strong Mayor/weak i Council form of government. Brighton is in the position where they were expected to take substantial initiative rather then adopt to policy of Council. Under City Manager form of government, initial powers of policy i setting rests more with the Council then Mayor or City Manager. Also feels that the family will have a hard Q, time adjusting. ;. Councilman Measles noted that when Mr. Brighton was " being interviewed he stated that he wanted to get out of the situation he was in in Indiana. Motion passed by roll call vote with Mayor O'Reilly ,_- vo-:Ing no. Councilman Ambarian asked for reconsideration at the !- next meeting since he could not see hiring a City — Manager by a 3 to 4 vote. if ! f ' r f ' !s f , I ;t I I r., i j h February 20, 1980, Page 21 Mayor O'Reilly went through the applicants and started with a secondary groups Brown, Dodd, Hamilton II, Hampton, Meehan, Potter, Randopoulos, Ritza. Councilman Ambarian loft at this time. Mayor O'Reilly stated that the first group would consist of Brighton, Wagner, Crandall, and Isadore. In discussing if evaluations should be done that evening it was decided to wait until next Council meeting as Councilman Measles had to leave. The Acting City Clerk was asked to make a packet for Mr. Mueller of all the applicants including Mr. Brighton's resume. Mayor O'Reilly said that Mr. Hall should join us at the next meeting. Council so concurred. He also said that resumes should be distributed to Mr. Hall. There being no further business, the meeting adjourned at 6s45 p.m. Respectfully submitted, t*,A, nn Dore City Clerk 1 � Y ,