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HomeMy WebLinkAbout1978-10-04 Council MinutesAGENDA ^ KENAI CITY COUNCIL - REGULAR MEETING OCTO13ER 4, 1078 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL CANVASS OF BALLOTS - CERTIFICATION OF ELECTION OATH OF OFFICE SELECTION OF BOROUGH ASSEMBLY REPRESENTATIVE FROM COUNCIL SELECTION OF VICE MAYOR B. HEARINGS 1. Ordinance 429-78, Increasing estimated revenues/appropriations - Water/Sewer Fund 2. Ordinance 430-78, Amending Recreation Commission Ordinance 410-78 3. Ordinance 431-78, Amending Penalty a Offenses Section of the Kenai Code 4. Ordinance 432-78, Amending Chapter 13 of Penalty a Offenses Code - Parking 8. Ordinance 433-79, Amending Kenai Fire Code 0. Ordinance 434-78, Amending Ord. 400-78, Lease of Airport Lands - Redetermination Period 7. Ordinance 430-78, Increasing estimated revenues/appropriations - Airport Land System C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Oscar Thomas - KUSCO billings to the City for relocation costa 2. Larry Vavra- Union Oil Company (gas drillings) 3. Lae Olad - Rezoning within the City of Kenai D . MINUTES i. Minutes of the regular meeting of September 20, 1978 L. CORRESPONDENCE 1. Senator Mike Gravel - Senate Finance Committee Tax -Cut Bill 2. CH2M Hill - Kenai Airport Improvements F. OLD BUSINESS I. Resolution 78-180 - Capital Improvement Projects - RECONSIDERATION 2. Resolution 78-187 - Policy on release of information - RECONSIDERATION fI - 1 I i � wrJ .y l4s a. •.<.. , e._r.. ., a>. s .. ._. •..,r.. •. 2—. - - -_ �� _ _ - _ — s_<s�.4 - — '..l.d.,. Fm AGBKDA, Page Two G, NEW BUSINESS I 1. Bills to be paid - bills to be ratified ; 2. Approval of requisitions exceeding $500 3. Ordinance 438-78, Increasing estimated rovenuos/appropriations-Water/Sower Fund 4. Ordinance 430-78, Rescinding Ord, 422-79, a increasing estimated revenues/appropriations 5. Ordinance 440-78, Amending Personnel Regulations a Classification Plan 0. Ordinance 441-78, Providing for the release of municipal records a information 7. Ordinance 442-78, Establishing special revenue fund for State Jail Contract 8, Resolution 78-158, Ratifying contracts for snow removal equipment 9. Resolution 78-159, Approving contract for detention facility 10. Resolution 78-180, Transfer of funds within 1978-70 General Fund Budget 11. Resolution 78-161, Transfer of funds - Warm Storage Facility Winterization Project fund 12. Resolution 78 162, Requesting release of certain Airport Lands by the FAA 13, Resolution 78-163, Retention of engineer for design work on sewer lift stations 14. Resolution 78-164, Transfer of funds within certain LPW Capital Projects 15. Resolution 78-105, Awarding contracts for purchase of fire, police s public works vehicles 10. Resolution 78-160, Authorizing the purchase of a road grader 17. Resolution 78-167, Transfer of funds within certain LPW Capital Projects 18. Lease of Airport Terminal Space - Raven Transit 19, Assignment of Lease - William Burnett a Associates to AlaskaState Bank 20. Assignment of Loose - Little Ski-Mo i 21, Application for drilling permit - Union Oil Company of California i 22. Payments to Wince-Corthell 23, Payments to CH2M Hill 24. Change Order No. 2 - Kenai Water Storage Project 25. Change Order No. 4 & Change Order No. 5 - Rockford Corporation 26, Payment to Mike Tauriainen, P.E. 27. Payment to Project Managers Alaska, Inc. 28, Payment to McLane Surveying 20, Discussion - Bureau of Outdoor Recreation 30, Discussion - Pacific Alaska LNG ; 31. Discussion - Sr. Citizen Program Punding R r 1 H. REPORTS i , City Manager I 2. City Attorney 3. Mayor I 4. City Clerk - _ 5. ]Finance Director 6. Planning & Zoning Commission 7, Kenai Peninsula Borough Assembly 1� r MAYOR a COUNCIL - QUESTIONS AND COMMENTS - I. PERSONS PRESENT NOT SCHEDULED TO HE HEARD j ADJOURNMENT 1 I I I, P 0' KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 4, 1078 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT Of REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Ackorly, Edward Ambarian, Betty Glick, Ron Malston, Vincent O'Reilly, Dan Whelan and Phillip Aber Absent: None AGENDA APPROVAL Mayor O'Reilly requested that item 0-21 be moved up under C-2 as the items correlated. Council so concurred. CANVASS OF BALLOTS - CERTIFICATION OF ELECTION Clerk Sue Peter advised that her office had ascertained the validity of questioned and challenged ballots cast in the October 3, 1970 election and all such valid ballots as well as absentee ballots were counted and the final results tallied: Aber - 230; Hayes - 130, Navarre - 146; Pierro - 91; Quandt - 84; Seaman - 306; Vozar - 70 and Whaley - 84. Total ballots cast - 619. Council unanimously concurred and certified the regular City election of October 3, 1978. CERTIFICATE OF APPRECIATION Mayor O'Reilly presente4 Councilman Aekerly with a Certificate of Appreciation and special thanks for his contribution to the City of Kenai during his three year term on the City Council. OATH OF OFFICE City Clerk Sue Peter administered the Oath of Office to Couneilmembers Phillip Aber and Michael Seaman - each will serve a three year term on Council. SELECTION OF BOROUGH ASSEMBLY REPRESENTATIVE Mayor O'Reilly opened the meeting for nominations for representative from Council to the Borough Assembly. Councilman Aber moved, seconded by Councilwoman Glick, to nominateCounciiman Ambarian. Councilman Whelan moved, seconded by Councilman Malston, to nominate Mayor O'Reilly. The Clerk tallied the secret ballot and results were as follows: Ambarian - 4 and O'Reilly - 3. .t J Councilman Ambarian will serve a one year term from this date on the Borough g Assembly representing the City of Kenai. SELECTION OF VICE MAYOR Councilman Malston moved, seconded by Councilman Ambarian, to nominate Councilman Whelan to serve as Vice Mayor. Councilwoman Glick moved that the nominations be closed and the Kenai City Council cast a unanimous ballot. Council unanimously concurred. B , HEARINGS B-1: Ordinance 429-78, increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 429-78 by title only. "An ordinance of the Council increasing estimated revenues and appropriations in the Water and Sower Special Revenue Fund Budget for 1978-79 by $160, 000." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Ordinance 420-78, increasing estimated revenues and appropriations in the amount of $150,000 in the Water and Sower Special Fund Budget. Motion passed unanimously by roll call vote. r B-2: Ordinance 430-78, Amending Ordinance 416-78 Mayor O'Reilly read Ordinance 430-78 by title only, "An ordinance of the Council of the City of Kenai amending Ordinance No. 416-78, establishing e. Recreation Commission for the City of Kenai." Mayor O'Reilly opened the hearing to the public. There was no comment. City Manager Wise stated that amending Ordinance 430-78 would provide for the seventh member of tho Commission to be appointed for a one year term (the youth representative) . MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 430-78, amending Ordinance 410-78, Recreation Commission. f Motion passed unanimously by roll call vote with Councilman Ambarian abstaining. -- - B-3: Ordinance 431-78, Amending Penalty a Offenses Section of the Kenai Code r Mayor O'Reilly read Ordinance 431-78 by title only. "An ordinance amending Title 13, Penalties and Offenses of the Kenai Code, as amended, in order to add a provision controlling vehicular traffic on beaches within the City limits and other designated areas." ■ -- - "`"r qj 01*1 Mayor O'Reilly opened the hearing to the public. Mr. Oscar Thomas - stated that he resides on Forest Drive and the traffic past his residence to the bluff is very heavy and hazardous, particularly after dark when the travelers leave debris, etc. for Mr. Thomas to clear away the next day. Mr. Thomas also advised that accidents are also oceuring from reckless driving on the beach and would request Council consideration to alleviate the problem. Mrs. Eileen Bryson - supported the ordinance as she has taken children to play on the beach and reckless drivers caused a hazardous situation wherein she could not allow the children to play freely on the beach. Mrs. Dorothy Shaw - stated she has encountered recklessly driven motorized vehicles on the beach when she too had taken children to the beach to play and felt the safety of the children was in jeopardy because of lack of control. Mr. Roger Meeks - stated he too agreed with the potential hazard to pedestrians on the beach and, in addition, the vehicles are tearing up the grass areas and dunes causing erosion. Mr. Carmen Gintoli offered a slide presentation depicting the erosion and abuse to the dunes and beach area caused by traffic from motorized vehicles. Mr. Gintoli stated he would support the ordinance and further commented on the incompatibility 01 of pedestrians and motorized vehicles on the beach. Mrs. Frances Meeks - stated she folt there should be proper access for fishermen, how- } ever, 1 would like to see some provisions to keep the vehicles off the dunes. Mr. Larry Lamunyan - representing peninsula 4-Wheolers, agreed with the problems relative to the erosion of the bluff areas and dunes but advised that his club had taken steps to insure that its members would not abuse the privilege of driving on the beach and further commented that the only beach access other than in the City was near the Collier facility. Mr. Timothy Rogers - stated he was a property owner in the area just north of the site being discussed and further commented that the reckless driving of motorized vehicles was causing not only a noise problem but jeopardizing the safety of pedestrians walking on the beach. Mr. Rogers requested that Council consider the economic effects to the property owners adjacent to the access area to the beach. Mrs. Susan Smalley - stated that she too would take small children to play on the beach and encountered dangers to the safety of the children when exposed to motorized vehicles driving on the beach. Mr. Lee Glad - stated that he owned property fronting the beach and would feel that any enforcement will be impossible to implement. ki Mr. Jim Kitchens - stated that the beach area is the only area in which the 4-wheelors can compete and would request Council consideration not to restrict 4-wheelers from access to the beach. Mayor O'Reilly acknowledged correspondence received from Rick and Bobbie Baldwin who supported the ordinance and passage thereof and correspondence from /`. Lou Regolin who also favored passage of the ordinance. There being no further public comment, Mayor O'Reilly returned the matter to the Council table. MOTION: Councilman Malston moved, seconded by Councilman Whelan, for adoption of Ordinance 431-78, controlling vehicular traffic on beaches within the City of Kenai. Councilman Malston stated that the only thing the ordinance would prohibit would be the motorized vehicles leaving the road. Councilman Malston stated he was concerned about those persons utilizing the beach who have no respect for pedestrians on the beach or the private property that is being damaged. - Councilman Ambarian stated that ho felt the beaches should be utilized by everyone concerned, however, did not fool that ordinance would be enforceable. Councilman Ambarian stated that a possible solution would be to segregate the pedestrians from the motorized vehicle traffic. Councilman Aber stated he agreed with comments of Councilman Ambarian and also agreed that the erosion problems are severe and suggested an area be delineated for pedestrians. 64 MOTION - AMENDMENT Councilman Aber moved, seconded by Councilman Ambarian, to amend the motion "follows: (1) Under Section 13.33.080(2) delete requirement for access permit; and #2 shall read "The following persons may have permission to drive into areas marked prohibited." ; (2) Delineate for foot traffic only and assign specific area - from top of bluff at the mouth of the Kenai River northwesterly to the west ROW line of Forest Drive extended then southwesterly to the Inlet. Southeasterly to the mouth of the Kenai River and northeasterly to the bluff or point of beginning. Designate ROW in vicinity of Sower Treatment Plant for vehicle access to the northern portion of the beach. Councilman Malston requested comment from the Police Chief on the proposed amendment. Police Chief Richard Ross stated that he would agree with dropping the permit requirement and also stated that delineating an area as proposed would make enforcement more feasible. QUESTION - AMENDMENT Motion passed by roil call vote with Councilman Malston voting no. MOTION - TABLE Councilman Malston moved, seconded by Councilman Ambarian, to table amended Ordinance 431-78 until the next regular meeting of Council and requested that proper maps be prepared showing the area so proposed in the ordinance. Motion passed unanimously by roil call vote. A> 1 1 B-4: Ordinance 432-78, Parking Mayor O'Reilly read Ordinance 432-78 by title only. "An ordinance of the Council of the City of Kenai amending Title 13, Penalties and Offenses of the Kenai Code, as amended." Mayor O'Reilly advised that this ordinance would include the area known as VIP Subdivision to prohibit night parking during the snow -winter conditions. Mayor O'Reilly opened the meeting the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Ordinance 432-78, amending Title 13, Penalties and Offenses of the Kenai Code. -- - Motion passed unanimously by roll call vote, B-5s Ordinance 433-78, Amending the Kenai Piro Code Mayor O'Reilly read Ordinance 433-78 by title only, "An ordinance of the City of Kenai , amending Title 8, Fire Code, of tho Kenai Code, as amended, in order to update the reference to National Fire Codes make part of the Ordinance." e Mayor O'Reilly opened the meeting to the public. There was no comment. Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Ordinance 433-78, amending the Kenai Fire Code. Motion passed unanimously by roll call vote, B-6: Ordinance 434-78, Amending Ordinance 400-78, Mayor O'Reilly read Ordinance 434-78 by title only. "An ordinance amending Ord. 400-78, establishing policies and procedures relative to the lease of Airport Lands as it concerns the five year redetermination period." I Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of � Ordinance 434-78, amending Ordinance 400-78 as it concern s the five year redetermination period. 1 Motion passed unanimously by roil call vote. ■ t B-7: Ordinance 436-78, increasing estimated revenues/appropriations .. Mayor O'Reilly road Ordinance 436-78 by title only. "An ordinance of the Council increasing estimated revenues and appropriations in the amount of $286,000 in the Airport Land System, and in the amount of $17,875 in the Federal Revenue Sharing Fund for PY 1978-79." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Ordinance 436-78 increasing estimated revenues and appropriations by $286,000 in the Airport Land System and in the amount of $17, 875 in the Federal Revenue Sharing Fund. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD Mayor O'Reilly, with Council concurrence, added Mr. Waldo Coyle under item C-5. C-b Oscar Thomas - KUSCO Mr. Thomas came before Council to inquire if Council had made a determination relative to the claims for reimbursement submitted by Kenai Utility Service Corporation. City Manager Wise stated that in the franchise agreement between the City and KUSCO, there to no stipulation that reimbursement be made for relocation costs# however, 1 Mr. Wise allted that consideration should be given whether or not the City should, in fact, pay for the relocation of the service lines, pay for the realignment of mains (were the lines properly located to start with or reasonably located and would they have had to be removed) , and should the City pay for relocation for intersecting { main lines? Mr. Wise stated that Administration would recommend reimbursement for costs incurred on Lupine Street (as that project was aborted) and as there j apparently was a surveying error, the City may bear the costs incurred on 4th. Also, Mr. Wise stated that the City perhaps should assume responsibility for 150' on Kaknu Street. Mr. Wise recommended payment in the amount of $7,866 at this time and further research be made into the other claims by KUSCO. MOTION: Councilwoman Whelan moved, seconded by Councilman Ambarian, that the Committee from Council be instructed forthwith to meet with the contractors, engineers, KUSCO, Administration, Attorney, etc. to consider both sides of the issue and, further, that the Council hereby authorize payment in the amount of $7,966 as recommended by Administration be made to Kenai Utility Service Corporation for costs incurred on Lupine Street, staking error on 4th and relocation of 150' of line on Kaknu . Motion passed by roll call vote with Councilman Aber voting no. �w C-2: Mr. Larry Vavra -• Union Oil Company Mr. Vavra, representing Union Oil, came before Council to request a permit for drilling of an oil and gas well within the City of Kenai, TSN, R11W, Sm,and, in addition, Union requests an exception allowing the utilization of a portion of the existing gravel pit adjacent to the proposed location as it reserve pit and Union will submit to the City proper permits from Alaska Department of Environmental Conservation and Fish and Game Department. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of drilling permit to Union Oil Company per their letter of October 4, 1978. Motion passed unanimously by roil call vote with Councilman Ambarian abstaining. C-3: Lee Glad Mr. Glad requested Council authorization to proceed with the process for changing zoning of an area now zoned as a conservation area. Mr. Glad stated he would like to build a townhouse/condo type of structure on the property which is adjacent to the City Park off Spruce. Mr. Glad requested that the zoning be changed to urban residential. MOTION: 0 ,r� Councilwoman Glick moved, seconded by Councilman Whelan, that Council concur with the request of Mr. Glad to proceed with rezoning procedures relative to the area now zoned conservation. Motion passed unanimously by roll call vote. C-4: Waldo Coyne Mr. Coyle came before Council relative to the lease of City lands by R. L. Roper for a proposed docking facility and small boat harbor. Mr. Coyle stated that over the past years he and his wife had worked toward a public facility in that location and requested an explanation as to why the City leased the area to Mr. Roper. Mr. Wise advised that Mr. Roper came before the City and properly applied for the lease of the area in question. Mr. Roper presented his development plan to the Planning Commission and then to the Council. Mr. Roper has proceeded with the application for the necessary permits -- Mr. Wise reported that all such proceedings had been properly advertised. Mr. Coyle inquired why the matter had not been presented to the Harbor Commission and Councilwoman Glick advised that the Harbor Commission has been an inactive committee for some time. Mayor O'Reilly stated that it appeared Mr. Coyle's major concern was putting the area into private ownership which further restricts use by the public. Mayor O'Reilly suggested that a meeting be called with the Harbor Commission relative to the matter. r U Mr. Coyle also stated he felt the Kenai Advisory Planning Commission hold invalid public hearings relative to rezoning matters. Mr. Coyle advised the Council that the Commission did not have a quorum on two occasions but proceeded with the public hearings on the rozoning matters. Mr. Coyle stated that he would object to further action at the Borough level because of the alleged illegal public hearings. Also, Mr. Coyle requested that the City consider proceeding with the numbering and naming of the City streets, D. MINUTES D-1: Minutes of the regular meeting of Soptember 20, 1078 Councilwoman thick requested that the following corrections to the minutes be made: All references should road "open to entry" (item C-3) and the motion for adoption of resolution should include all the hams of concern as expressed to the Division of Lands by the City. Minutes stood approved as corrected. E. CORRESPONDENCE E-1: Senator Mike Gravel Mayor O'Reilly acknowledged receipt of correspondence from Senator Mike ©ravel relative to the 1078 tax -out bill. E-2: CH2M Hill I•' Mayor O'Reilly stated that a letter had been received by the City from CH2M HUI accompanying figures and test results to develop the preliminary designs and cost estimates for the Kenai Airport Improvements. F. OLD BUSINESS 1 f F-1: Resolution 78-150, Capital Improvement Projects i MOTION - RECONSIDERATION Councilman Whelan moved, ,seconded by Councilman Ambarian, for reconsideration � of Resolution 78-I50. i Councilman Whelan explained the reason he was asking for reconsideration was that certain areas within the resolution caused him concern, particularly, item 70-1, the upgrade of the Sewer Treatment Plant in which it is proposed that partial funding will come from a loan from reserve for capital improvements. Councilman Whelan stated that a portion of the sales tax was set into a reserve for capital improvements and if the money was coming from this source, it should be tied up now . E -. City Manager Wise stated the only way funds can be tied up would be through an appropriating ordinance. City Attorney Sehloroth stated that he felt the intent of the resolution was to "earmark" funds for a specific purpose. City Manager Wise suggested that an ordinance be prepared that would further look the monies down. Councilman Whelan stated he would be satisfied with rewording the intent within the revolution and submitting an appropriating ordinance for Council consideration. WITHDRAWAL OF MOTION With consent of second, Councilman Whelan withdrew his motion. F-2: Resolution 78-157 - Policy on release of information - Upon specific request, a verbatim transcript was made of the proceedings of this particular item on the agenda and such transcript has been incorporated herein and henceforth becomes a part of the official minutes of the proceedings of the Kenai City Council. G. NEW BUSINESS G-i: Bills to be paid - bills to be ratified MOTION: j Councilman Seaman moved, seconded by Councilwoman Glick, for approval of bills to be paid and bills to be ratified as submitted by the Finance Department this date. Motion passed unanimously by roll call vote. Requisitions exceeding $500 i City Attorney Schlereth stated he had some concerns relative to the purchase requisition exceeding $2,500 which would normally require that the City go to bid j for such items or that a resolution be prepared for explanation as to why the item would be purchased outright. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of requisitions exceeding $500 with the exception of the Cyclo Blowers in the amount of $4,185 (including transportation) . Motion passed unanimously by roll call vote. ti-3: Ordinance 438-78, Increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 438-78 by title only, "An ordinance of the Council of the Citp' of Kenai increasing estimated revenues and appropriations in the amount of $2,789 in the Water and Sewer Special Revenue Fund 1978-79 Budget." City Manager Wise advised that this would enable the City to obtain additional -= = insurance to cover the new 3 million gallon water tank. R MOTION: el"N Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 438-78, increasing estimated revenues and appropriations in the amount of $2,789 in the Water/Sewer Special Revenue Fund 1078-79 Budget. Motion passed unanimously by roll call vote. 0-4: Ordinance 439-78, rescinding Ordinance 422-78 Mayor O'Reilly road Ordinance 439-78 by title only. "An ordinance rescinding Ordinance 422-78 and increasing estimated revenues and appropriations by $968,000 in the Capital Project Fund Entitled "Airport Runway Paving" ADAP Project 06-02-0142-04 end by $28,022 in the Airport Land System 1978-79 Budget." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 439-78, rescinding Ord. 422-78 and increasing estimated revenues and appropriations by $068,000 and $28,022. Motion passed unanimously by roll call vote. G-5: Ordinance 440-78, Amending Personnel Regulations Mayor O'Reilly read Ordinance 440-78 by title only. "An ordinance of the Council amending the Personnel Regulations and in particular Title 22, Chapter 50, Classification Plan". Mr. Wise advised that this ordinance would provide for appropriate positions for personnel to operate the detention facility. MOTION: Councilwoman (click moved, seconded by Councilman Malston, for introduction of Ordinance 440-78, Amending the Personnel Regulations Title 22, Chapter 50, Classification Plan. Motion passed unanimously by roll call vote. 0-9: Resolution 78-159, Approving contract for Jan facility. Mayor O'Reilly read Resolution 78-159 by title only. "A resolution approving a contract with the State of Alaska for the operation by the City of a detention facility". City Attorney Schlereth stated that he would request an addendum to the resolution which would include amendments to the contract. MOTION: CJj= Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 78-159, detention facility contract with addendum relative to contract amendments attached. Motion passed unanimously by roll call vote. x- 4 ,r f� ln G-7: Ordinance 442-78, State Jail Contract Mayor O'Reilly road Ordinance 442-78 by title only. "An ordinance establishing a special revenue fund entitled "State Jail Contract" by increasing estimated revenues and appropriations in the amount of $153, 000." MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, for introduction of Ordinance 442-78, establishing a special revenue fund entitled "State Jail Contract" and increasing estimated revenues and appropriations in the amount of $153,000. Motion passed unanimously by roll call vote. G-8: Resolution 78-158, Contracts for snow removal equipment Mayor O'Reilly read Resolution 78-158 by title only. "A resolution ratifying contracts for snow removal equipment that were approved by poll of Council members on Friday, September 22, 1978." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 78-159, ratifying snow removal equipment contracts that were approved ` by Council. Motion passed unanimously by roll call vote. a 0-10: Resolution 78-160 Mayor O'Reilly read Resolution 78-160. "Transfer of monies within the 1979-70 General Fund Budget from contingency - ($3,549) . To Non -departmental miscellaneous - $760; Fire/Machinery a Equipment - $395; and Police/Machinery a Equipment - $2,404. ! The purpose of this resolution is to provide funding for a contribution to the Kenai Convention and Business Bureau and for additional amounts needed for the purchase of the Fire Chiefs car and three Police cars. i Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 78-160 transferring funds in the amount of $3,540. I Motion passed unanimously by roll call vote. 0-11: Resolution 78-161, Transfer of funds 1 J A Mayor O'Reilly read Resolution 78-161 by title only. "Be it resolved that tho following transfer of monies be made in tho Capital Project fund entitled Warm Storage Building r'1 Winterization FY 1976-79 from Contingency ($973) to Architectural Engineering - Basic Foe - 4973." The purpose of this leaso is provide fundings for payment of engineering services out of the scope of the basic engineering contract. Mayor O'Reilly opened the mooting to the public. There was no comment. MOTION: Councilwoman Gliok moved, seconded by Councilman Malston, for adoption of resolution 78-161 transferring funds in the amount of $973 in the Warm Storage Building Winterization Fund. Motion passed by roll call vote with Councilman Ambarian voting no. 0-12: Resolution 78-162, release of certain FAA lands Mayor O'Reilly read Resolution 78-162 by title only. "A resolution requesting the release by the FAA of certain airport lands." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Gpi Councilwoman Glick moved, seconded by Councilman Malston, for adoption of C1 Resolution 78-162, release of certain lands by the FAA. Mr. Wise advised that these lands were in the vicinity of the bluff area. QUESTION: Motion passed unanimously by roil call vote. 0-13: Resolution *-163, Sewer Lift Stations Mayor O'Reilly read Resolution 78-163 by title only. "A resolution of the Council of the City of Kenai ratifying the retention of a consulting engineering firm for engineering design work on upgrading five sewer lift stations approved by motion on July 6,1978." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-163 ratifying consulting engineering for service provides for design work on the upgrading of five sewer lift stations. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, that the contract be amended to include that the original documents will become the property of the City of Kenai upon completion of the project. 4: w ., I QUESTION Passed unanimously by roll call vote. n MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the contract (page 1) add under item 2......... no later than the following date add under item 3..... no later than the following date . and under item 5 at the end of the first sentence insert an asterisk with explanation as follows: *To be completed by engineer no later than , 107 after direction to proceed. Add at the end of item A, page 3, .....in writing before the rendition of said service. Motion passed unanimously by roll call vote. MAIN, AS AMENDED: Passed unanimously by roll call vote. 0-14: Resolution 78-164, Transfer of funds Mayor O'Reilly read Resolution 78-164, transferring monies within the following LPW Capital Project Funds: from - Airport Drive Paving - ($375); Street improvements - ($5,811); Airport Drive Paving - ($607); Redoubt Way Paving - ($523) . To: Basic Engineer as listed above with the exception of Airport Drive Paving." The purpose of this resolution is to transfer monies to provide for basic engineering costs that are eligible for RDA reimbursement but were previously funded as ineligible." MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, for adoption of Resolution 78-164, transfer of funds within certain LPW Capital Project Funds. Motion passed unanimously by roll call vote. 0-15: Resolution 78-105, awarding contracts for purchase of vehicles Mayor O'Reilly read Resolution 78-165 by title only. "A resolution awarding contracts for the purchase of Fire, Police and public works vehicles. Mayor O'Reilly opened the meeting to the public. There was no comment. • Councilman Whelan out at this time. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of Resolution 78-165 awarding contract for Fire Department Station Wagon to Alaska Sales 0 Service in the amount of $6,394.55; three Police vehicles to the Car Company for $0,80.28 each; and 1978 LUV pickup to Hutchings for $4,867. J MOTION - AMENDMENT Councilman Ambarian movod, seconded by Councilman Aber, to amend the motion to award the bid for a 1970 LUV pickup to The Car Company for $5,050. Councilman Ambarian explained that the difference between the 1978 and 1070 was so little that the City should purchase the newer model and, in addition, Councilman Ambarian stated that the City, when bids are so close, have given some preference to businesses Within the City of Kenai. QUESTION: Motion passed unanimously by roll call vote. MAIN, AS AMENDED: Passed unanimously by roll can vote. 0-16: Resolution 78-166, Purchase of road grader Mayor O'Roilly read Resolution 78-106 by title only. "A resolution of the Counoil authorising the purchase of a road grader in accordance with proposals received September 14, 1978." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-166, awarding purchase of road grader to Evans Engineering (Champion) in the amount of $79, 902. Motion passed unanimously by roll call vote. Public Works Director Keith Kornelis advised that in conversations with the Federal Aviation Administration relative to the purchase of the above equipment. In addition, Mr. Kornelis stated that it was brought to his attention by the equipment dealers that theme were certain optional items available that would increase efficienoy and improve the operation . Mr. Kornelis stated that a forward sidemounted auxiliary power unit with hydraulic cab controls at an additional cost of $2, 697 for the snow plow truck was available as well as 4 cubic yard bucket for the loader and air brake system evaporator at a total cost of $4, 300. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of purchase of the additional optional equipment for the snow plow at a cost of $2,697 and equipment for the loader at an additional cost of $4,360. __-- Motion passed unanimously by roll call vote. G-17: Resolution 78-167, transfer of funds Mayor O'Reilly read Resolution 78-107. "Transfer of monies within the following LPW Capital Project Funds. From contingency/Street Improvements - ($3,300) to Inspection/street improvements - $3,306 to provide funds for surveying charges by McLane A Associates. i i i I �I I I i Mayor O'Reilly opened the meeting to the public. There was no comment. 11 City Manager requested that the amount be amended to $1, 040. a,, _- MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for adoption of Resolution 78-107, transferring funds with certain LPW Projects in the amended amount of $1,049. Motion passed unanimously by roll call vote. 0-18: Lease of Airport Terminal Space MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of lease of Counter Space 10 at an annual rental of $048 to Raven Transit, Inc. for a term of one year. Motion passed unanimously by roll call vote. 0-10: Assignment of Lease MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of assignment of lease of Lots 7 and 8, Block 1, Cook Inlet Industrial Air Park, from 0 W. M. Burnett and Associates to Alaska State Hank. Motion passed unanimously by roll call vote. 0-20: Assignment of Lease MOTION: Councilman Malston moved seconded by Councilman Ambarian, for approval of assignment of lease of lot 3, Gusty Subdivision from Yoshi and Ruth Shiohira to Ronald and Cathrine Yamamoto. Motion passed unanimously by roll call vote. 0-22: Payments to Wince-Cortheli MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment in the amount of $4,894 and $9,824.40 to Wince, Cortheli, Bryson A Proas. Motion passed unanimously by roll call vote. 0-23: Payment to CH2M Hill MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, for approval of payment in the amount of $354.00 for the Sewage Treatment Plant Interim Modification s, ' f . I , 61 11 1 lu Contract Documents, $330.39 Facilities Plan, and $20,000 for the Airport Resurfacing preliminary design. Motion passed unanimously by roll call veto. G-24: Change order No. 2 - Harold Galliett, engineer, stated that he was not ready to sign and approve Change Order #2. Mr. Galliott advised that Rockford Corporation had just received additional data which he would need to review prior to making a final recommendation. MOTION: Councilman Malston moved, seconded by Councilwoman thick, to table Change Order 2, Rockford Corporation. Motion passed unanimously by roll call vote. 0-25: Change Order 4 and 5 (Amended to Change Order 3 and 4) Engineer Harold Galliott advised Council that these change orders would enable alternations, modifications, and improvements to the pump house. Mr. Galliett stated that Council should also bear in mind that the pump house was in need of roofing repairs and insulation and the end walls show signs of cracking. Mr. Galliett stated that the estimate for these items was quite high and it was his recommendation not to proceed with such repairs at this time. Mr. Galliett stated that the items included in the change order were essential and recommended approval of change orders 3 and 4 as presented. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of change order #3 in the amount of $50,440.70 and change order #4 in the amount of $77,584 to Rockford Corporation. i Motion passed unanimously by roll call vote. 0-20: Payment to Mike Tauriainen i MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment in the amount of $3,582.05 to Mike Tauriainen for engineering on the winterization of the warm storage facility. Motion passed unanimously by roll call vote. 0-27: Payment to Project Managers Alaska, Inc. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of payment in the amount of $4,880 to Project Managers Alaska, Inc. Motion passed unanimously by roll call vote with Councilman Aber abstaining. I Al /` 0-28: Payment to McLane Surveying City Manager Wise stated that as problems existed relative to the alleged staking error, McLane Surveying has agreed that the City should deduct $1,400 from the statment as submitted. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of payment In the amount of $2,408.50 to McLane Surveying. Motion passed unanimously by roll call vote with Councilman Aber abstaining. 0-29: Discussion - Bureau of Outdoor Recreation Mr. Wise reported that apparently the 80+ acres that the Sewer Treatment Plant is - situated on was dedicated by the City on receipt from the State as park land. Also, the City used the value of the land, including the Treatment Plant, in computing a match for BOR State funds. Mr. Wise stated that he has determined that the City must provide inclined or equivalent value of land for the land value of the Treatment Plant. Mr. Wise requested authorization to proceed with surveying of the Treatment Plant area and some other related areas, have them appraised,plong the 30 acres of park land adjacent to the Oiler's Field to see if the City can match value to resolve the matter. MOTION: Councilman Ambarian Moved, seconded by Councilwoman Glick, for approval for the Administration to proceed having the area of the Treatment Plant and 30 acres adjacent to the Oiler Park surveyed and appraised. Motion passed unanimously by roll call vote. G-30: Discussion - Pacific Alaska LNG Mr. Wise advised that in meetings with representatives from Pacific Alaska, they suggested that the City consider making certain amendment to the City Charter to provide aid to industry. City Manager Wise stated that the Council could direct an ordinance be prepared after research by the City Attorney relative to the City issuing revenue bonds, aiding an industry that operates outside the confines of the City, etc. City Attorney Schlereth advised that bonding laws are very complicated and would =- recommend the City retaining the services of an attorney specializing in the field. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the Administration ` be authorized to contact a bonding attorney to determine costs, etc. and feasibility of the above recommendation. -- Motion passed unanimously by roll call vote. G-31: Liacussion - Sr. Citizen Program Funding City Manager Wise reported that if the program is to be expanded, additional funding will be necessary and requested Council concurrence to contact the Borough i and the City of Soldotna for possible interest. Council so concurred and also requested that Jean Douglas be sent a copy of the correspondence. H. REPORTS H-1: City Manager's Report Mr. Wise reported that the Facilities Plan had boon received from C112M Hill and Administration will prepare a resolution to accept the plan prior to moving on to Stop II. Mr. Wise also reported that the Lions Club had requested placing a sign depicting all the service organizations within the City and meeting dates, etc. After Council discussion on possible locations, the Committee from Council (Ambarian, Glick and Malston) were directed to review and recommend possible sites for presentation at the next Council meeting. COUNCIL COMMENTS Councilman Ambarian stated that he felt it would be worthwhile for the City Manager to contact the owner of the Mukluk Building (hangar adjacent to the airport) for possible additional equipment storage. Councilman Ambarian further commented that if the equipment is received prior to snowfall, the City would then not have to make a contribution from the M0O fund for use of City equipment to maintain the Airport. Councilman Aber suggested that the City arrange for a lease/purchase agreement of the hangar and in the meantimo contact the FAA to ascertain if the City could apply for proper grant monies to aid in the purchase of an equipment storage facility. 11-2: City Attor ney's Report City Attorney Sehlereth reported that the camper repair business matter has been - — resolved and the owner has discontinued his business operation from his residence. H-3: Mayor's Report Mayor O'Reilly advised that there will be a meeting with ropresentatives from S Pacific Alaska at l: 30 p.m. Thursday afternoon. Mayor O'Reilly also stated that ALPETCO personnel would like to meet with the Mayors from Kenai and Soldotna and the Borough Mayor. Mayor O'Reilly suggested that perhaps City Manager Wise should be in attendance as well as another member of Council. Mayor O'Reilly reported on the discussions being hold with Mr. George Miller of KNA relative to the situation wherein a person is seeking permission to hook up to City utilities which are located on KNA property. Mr. Miller is requesting ingress/egress to Marathon Road in exchange. Council concurred that further negotiations and discussions should be held with KNA relative to this Matter. I_-' H-4: City Clerk's Report ' Clerk Sue Peter advised that the Rainbow Bar s Grill had paid all delinquent taxes in full and requested Council authorization to submit a release of opposition to the Alcoholic Beverage Control Board relative to their license. i MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the City of Kenai hereby withdraws its protest relative to the renewal and transfer of license for the Rainbow Bar & Grill. Motion passed unanimously by roll call vote. H-S: Finance Director's Report Acting Director Charles Brown advised that it was necessary for his Department to seek a now location for the Department of Revenue. Council offered a variety of suggestions for possible sites and Mr. Brown was directed to further investigate the matter and report back to Council. H-6: Planning Commission's Report Councilwoman Glick reiterated the comments as voiced by Mr. Waldo Coyle in which the Coyle's felt the public hearings held relative to the rezoning matters had been illegal as the Planning Commission did not have a quorum present. Councilwoman Glick advised that as the public hearings had been advertised properly, etc. the Planning Commission felt it was their obligation to the persons who were, or may have, been in attendance, to continue with the hearing portion only of the meeting. Councilman Ambarian stated he may question the legality of the meeting even being conducted in any manner as a quorum was not present. Council concurred that the matter should return to the Plaarcnf Commission for proper hearing before proceeding with Borough consideration. H-7: Borough Assembly's Report { None I. PERSONS PRESENT SCHEDULED TO BE HEARD I -I: Keith Kornelis Stated he would like to proceed with obtaining costs estimates for the repair of the fencing on the bluff that has been torn down by vandals. Council so concurred. ADJOURNMENT There being no further business to be brought before Council, the meeting adjourned at 2:45 a.m. Sue C . Peter, City Clerk r /. Resolution #78-157 - setting policy on release of information. Councilman Whelan: I felt uncomfortable and I should have spoken out simply because I have been gun shy of this type of thing and have been in government. Secondly, I asked the attorney if he had really reviewed this in depth at the time and he said he had not and he did have problems and based on that I asked for reconsideration. I feel that basically that we have to have more communication, our problem has been many times we road things in the news media and granted we have not been too happy about it. I think that the problem has boon that many things comes to the Council as a crisis which perhaps could have boon taken care of without that. I say this merely because our problem doesn't lie with release of information; that lies elsewhere, and possibly a great deal of it with this Council, and it bothers me a great deal that oven for 3 days, 5 days, or whatever that there are any information that, with the exception of legal and personnel, that would be held back. That's the philosophy that I have had for a long time and I know that not everyone agrees with it, I've just lived with it. Mayor O'Reilly: Any comment from the City Attorney on this matter? Attorney Schlereth: The City Attorney's report is available in the packet . At the time, as Councilman Whelan points, I didn't review this in depth but I didn't say I had any problems with it. The problems that I have resulted afterwards when a court suit was filed and an injunction was asked for. I merely thought that this matter should be brought back to the Council rather than a Superior Court Judge interpreting something when the Council should have an opportunity first to reevaluate the resolution and if it wished to make amendment or suggest that it be rescinded and a full blast ordinance or a more in-depth ordinance be put in its place and perhaps get the public opinion which might not have come up at a prior time. With that in mind, the best course would be, as y . the attorney's report points out, would be to bring this resolution back and as this report indicates, the way I interpret this resolution, on initial inspection r F the last time, although I had not reviewed in depth the constitutional ramifications, I felt that the resolution, on its face, was not repugnant and especially in light of what I believe to be the intent of the Council last time. And specifically If I could go over Section 1, 2 and 3 of the resolution merely set up some _ type of a guideline that the Council recommends that the Administration follow to provide for release of information. In Section 2, the City Clerk, for -- example, would be responsible to release minutes, resolutions, ordinances and information. I think what the real brunt of the problem was in the lawsuit that the Kenai Newspapers, Inc. had was Section 4 dealing with Council packets and as was mentioned at the last Council meeting what the intent r ]ffi IN was to follow along the procedure that the Kenai Peninsula Borough follows; namely, that rather than giving out a large sot of packets containing all sorts of information which may or may not be of interest to the news media and the public at largo, a mini packet system could be devised whereby such mini packets as the Kenai Peninsula Borough has could be distributed instead or made available. As the present practice shows, or is, the City has been actually distributing full Council packets on the Friday beforo the Council mooting. Section 4 in my mind, and I thought that this was the Council's intent, was merely to devise a system whereby mini packets instead of full packets would be distributed. It by no means, in my opinion and what I thought the Council's intent was, is a method of withholding relevant public written information from the public or the press, and that would be supported by the first three sections. Section 2, for example, indicates that the City Clerk would be responsible for resolutions, ordinance information and distribution. Therefore, as I indicated to the Superior Court Judge and as I indicated to the Clerk, as far as I was concerned, the interpretation that the resolution has indicates that if a news reporter or any member of the public came in and wanted to see relevant information that might be contained in the full Council packet they should have the opportunity to look through that, especially since that was the final work product to go out to the Council any relevant information that they folt (tape turned over) I don't make any judgment one way or the other. They felt so disturbed over the wording of this resolution that they folt it was absolutely necessary and within their rights to get an immediate injunction in Superior Court so that they could have the information contained in this full packet on the Friday before the Council meeting. Before the matter actually went through a full blast litigation the attorney for the papers and I reached an agreement that this was not our intent and that the information in the full packet would be lot out or allowed to be examined and copies made on the Friday prior to the meeting and therefore this actual court hearing was postponed until sometime after this Council meeting. I think it was set on Friday now, but I'm not sure. The purpose was to allow the Council to more fully express their opinion on this and indicate their intent at a public meeting. In the interim I had the opportunity to go into more depth research of this entire matter. I actually went to Anchorage and did research in the library there and spoke to several City attorneys in Anchorage and went into the full background of information ordinances of this sort. And it was indicated that all these ordinances and state laws and what have you emanate from the Federal Freedom of Information Act which deals with the situation whereby the policy established that any written materials that could bo considered public information hold by government should be made available for public inspection. The act and consequently the many ordinances and state statutes of many states that have enacted this, Oregon being one of them, specifically follow along the Federal Freedom of Information Act statute which deals only with the release of public documents completed, written memoranda with J e iJ r^ certain exceptions to protect the right of privacy, etc. This net does not deal with the situation whereby oral information is to be released by government authority. After doing this initial research and I'd like to point out, I will do a lot more before the case, if it isn't dismissed after tonight, goes to Court. On initial research it seems ironic to me that this ordinance, I at least in Sections 1, 2 and 3 is far more liberal that the Freedom of Information j Act because it actually purports to deal with situations whereby people can come in to the City offices and obtain neve releases and oral information. I think the intent of the Ordinance was to really bond over backwards in getting some kind of rapport with the news media and the public at large. The section 4 which I think was the brunt of the problem and which caused the newspaper a great deal of concern perhaps doesn't - well let me put it this way; the newspapers felt that this particular provision didn't spell out well enough the intent of the Council -not that it was going to withhold this specific packet information from full Council packets. As I said before, in my opinion, that was not the intent and since there is a dispute, and an understandable dispute between the two parties, there is no reason to drag this thing out in the Superior Court. I think the matter could be solved right here by the Council by rescinding this resolution with the understanding that I would prepare an ordinance that would fully outlino in detail public information and follow along the public Freedom of Information Act and send [ this ordinance, as soon as I have it prepared, out to the newspapers, to the news media, and to other persons that might be concerned so that i when it comes up for public hearing we could all put our input into it and the matter could be resolved here at a Council meeting. Incidentally, and this just goes back to what I wanted to say that I was going to have prepared the ordinance for tonight but I would like to ask if I could have a little more time to get something more involved together and then have that sent out to parties concerned. Councilwoman thick: Since I appear to be the seven headed ogre in this particular situation, I would like to address several items. First, I would just like to road this little bit. It says "the question that occurs to the reader who does not accept newspapers at face value is what is the best rendering of the story, or more accurately, what is the story." I would like to address a question to Councilman Whelan and then I would just like to go on with my comments. Do you feel that the rendition of this particular resolution was given fair treatment E in the newspaper articles? Did they point out, for instance, the "whereases" and the resolutions? Did they point out that this has been discussed at the September 6th meeting? Did they point out any of my comments that might - be construed as having the best interest of the public at heart when I prepared this? Do you really believe that this was given fair treatment in the newspapers? - Councilman Whelan: Well, rather then address that Councilwoman Glick, I express my own opinion regarding something that 1 have always been on record of and always felt that waif. i Councilwoman (click: Well, this may or may not be but I would like to address certain articles hero since they chose to pick at random what they thought was -what shall I say "gagging" them, "muzzling" them, and so on and so on. I think that they purport to report to the news to the public, fair news. They say that they need all this back up information so that they can inform the public and I say that in the past they have had access to all this information and they have not used it to their fullest potential. They took this resolution and they used it. They took some of the articles out of context. They mis- represented it, in fact, making it look like we were trying to keep the public in the dark, when, in fact, this was not the intent at all. I think that if they wanted to bo fair and present both sides of the story, they would have presented the whole resolution in their newspaper and lot the people come to their own conclusion. For instance it says: "Whereas, the State personnel need to have guidelines from the City Council." This was requested of the Council by the City Clerk. It says: "Whereas, it is the intent of the Council of the City of Kenai to keep the news media." Now we did not single out the Clarion. We send news to the Cheeehako NAws , and also send news to KSRM Radio Station, and the public at large is informed on a factual and accurate basis. It is the reporting that we have had in the past and that you have pointed out that has really distressed us because it has not really been factual and has not really been accurate regardless if its the administration or whoever. They have not printed follow up stories which, in fact, shows or tells what ^, action the Council has taken on different items and with Council's permission I'm going to continue and address these articles in the newspaper because I tool like, that as an elected representative we owe it to the public to make sure that they got good news items and it was my full intent not, and I have repeated this both on 9/6 and on 9/21. I have repeated it again on 9/7 when I had a conversation with Max Swearingen. I have repeated it again on 9/11 when I had a conversation with J . R . Baldwin that it was not my intent whatsoever to suppress the news but to mako sure that the people were getting good news reports concerning the City's activities. The article of 9/25 says: "Council passes news gag rule." This was not, as far as my intent was concerned, what we did. There are certain items in here and it says it Brow no public input. If they were so concerned, why did they not come to the public and give their input. They had a copy of this resolution the Friday before our Council action which in this case took place on Thursday,, 9/21. That's almost a week. They did not at any time address this article in their newspaper. They came, I should say they sent a reporter to our Council meeting. By his own mouth, the reporter, J. R. Baldwin, he said that he was instructed not to say anything. Also on the radio Mr. Swearingen made the same commont that he had instructed his reporter not to say anything. Now H they wore concerned that they were being "gagged" and "muzzled" they had every opportunity to make a presentation in the public. They also, rA .._. - .-_..to.'. - srrr�rwr�w�aare+•--=-�,:�.�t�i' i..�r ,J I/ �., as I say, had this ordinance or this resoluti,m nearly a whole week in advance. To me this does not show good faith on their part. I would also like to say that this was generally considered to be directed at the Peninsula Clarion. Again, this is not the case. Maybe we've had our most problems with the Clarion, but our whole concern was the news media as a whole. It says: "Withhold certain administrative reports from the news media and the public until the day of the Council meeting," which indicates, by their own writing, that we are going to make it available. We are, in fact, not withholding it forever and a day. As I pointed out on 9/6 and 9/21, all I was asking was that the City of Kenai get the same considerations and the same respect that the other governing bodies got. Is that asking too much? Is it really asking too much? Also, where they suggested that the City Clerk, Sue Peter, can issue only certain information as long as it does not conflict with the City attorney or the City Manager's responsibilities. I would like to point out that according to the Alaska State Statutes certain duties are given to the city clerks, to the city managers, to the city attorneys. Our own City charter gives certain information specifying what the duties are. Now is it wrong to relate this and say as long as her giving out does not conflict with the City Manager or the City Attorney? Now if that's wrong, then our charter must be wrong, We should not refer to it. It says., "All other requests for new releases and information regarding the City of Kenai will be cleared through the City Manager." This particular item was taken out of the ordinance of the City of Homor wherein it says that: "the City Manager shall adopt regulations as to the time, place and manner of inspection of public records." I further elaborated in saying that, ok, anybody who wants to talk just clear it through the City Manager. I in no way feel that we have instructed anybody not to allow our people to speak to the public. We are merely saying let's channel it through one central source, I think that if you check with Anchorage you will find that they have a public relations personnel who handles this type of Information. We're not geared to the kind of operation so what is wrong with the City Manager saying this? Along that line, I would also like to point out that section 3 the last sentence it says: "This is not to say that the City Manager has to the one releasing the information, but only that he is aware of it." I put that sentence in specifically as a result of my conversation with J. R. Baldwin on 9/11 wherein he stated he had difficulties working with the City Manager. I thought, well this should alleviate that problem meaning that if he has problems working with the City Manager he does not specifically have to contact him. Now if it's wrong to try to meet some of their means or some of their demands, then I guess I'm wrong and I'm sorry. But the thing is it distresses me that they go to these sort of things, these lengths in not presenting the whole, total problem . They have this newspaper at hand and they use it for their own self-serving purposes. at says that; "this news information should greatly concern Kenai residents who take an active interest in the affairs of the City." It was my .J k� main concern that the people be informed factually and accurately and this r is why we've discussed this problem many times in the past and that's all we have ever done is discussed it. Everybody gripes and growls but nobody does anything and I thought well once and for all we should address the situation and try and come to some sort of conclusion. But when we do this we're wrong again. It doesn't make any difference what the City tries to do, as per the Clarion, they're wrong. Now again, 1 just have different articles marked down here. It says that: "It was clearly evident that the Council was singling out this newspaper." Again, I want to reiterate, no one was specifically singling out the Clarion. At no time did we specifically mention the Clarion, We referred to "news media" and again I say we give news to the Cheechako News and to KSRM and 1 think that constitutes "news media." And then they go on to comment in their editorial is the City Council is so unsure of its actions that issues potentially affecting the people of the City need to be shrouded until the Council delivers its authorative decisions." I don't think that we have anything to be ashamed of. I know I personally don't. It just is so distressing and then it says reconsideration of this resolution is paramount to the insuring that citizens' rights to freedom of information is not jeopardized. Well, I maintain that these articles are seriously, jeopardizing the citizens' right to information because they have not accurately given an account of exactly what took place and I don't think that that is responsive reporting to the public. As the City Attorney pointed out when I mentioned the Borough mini packets and based my item #4 on that, I asked the question if the Borough can do it why can't the City of Kenai? Are we some illegitimate child as I � pointed out on 9/21 that everybody else could have certain rules and regulations but if we tried to do something it's all wrong. Wen, I ask if it's wrong for us is it not also wrong for the Borough? As I pointed out before, my main concern has always been for the interest of the citizens of Kenai because I believe that they are being short-changed when it comes to certain items in the newspaper. It says also that the Clarion is arguing that the resolution as passed by the Council is in violation of the state statutes, that every person has a right to inspect the public documents, writing, etc. This is not so because we did not say that they could not do this and as I pointed out that according to Alaska Statutes 9.25.110, you have to lot people review what is in your City Hall as far as your actions and I pointed this out but this is not given mention in the paper it just makes it sound like all we are trying to do is keep everybody in the dark while we shaft them again. I think that the press abuses and uses their paper to intimidate and I also think that whenever they have accused us of preventing our people from speaking freely I think that when Mr. J . R . Baldwin was instructed not to speak, I think that's an infringement on his right bMuse maybe he didn't want to speak, and he couldn't speak as a reporter. But possibly he wanted to speak as a citizen but being instructed as he was, he didn't. Why, is beyond me but to say that they didn't have a chance I think is totally unfair because as I say they had this resolution and they had a chance to say anything and they chose not to, and yet the City of Kenai to in the wrong. As far as the Council passed this on "an emotional feeling'; and now I'm quoting from your comment$ I don't know if your feeling was emotional but mine a 11 -- - ,2 6 was one of concern, concerned that the citizens of the City of Kenai is getting 10) a fair shake as far as news being released and again it just says, quoting from your comments. When this resolution came up for consideration it should have been analyzed and we should have asked why it is needed. I think that again on 0/6 we had questions and comments on this and again on 9/ 21 if there were gross problems with it I think that they should have been addressed. I think that it's really unfair to wait until after the fact and then start to pick at something. And then you say we need to ask what is going on? I don't know what is going on, that should not be made public and as I said before and I'll say it again, it was not my intent to suppress the news to keep anybody in the dark but rather that the people get factual and accurate information. And if that's wrong then I guess I have the wrong idea of why we are sitting here as elected officials representing the people of the City of Kenai as a whole and not just special interest groups and not single persons. And I'm sorry if I took up too much of your time, but when I'm wrapped up in the paper for being some kind of monster without given a fair shake, I felt like I should make the comments, Councilman Whelan: Well, the resolution, as far as I'm concerned, still, again, it regards all news media. If we have a problem with what you may call "one-sided" or "yellow journalism" it's something that we cannot control at this Council. It is something that in this country that we have to live with. This is something - if we don't like that's fine. As far as the emotional part of it is concerned. with the exception of perhaps one, the mayor, I have hoard almost to a man each Councilman express the problems that they had in reading in the paper problems that have generated with the City after they read about it in the paper and find out about it first in the paper. And -I've heard tift many times. J don't think there is anyone here that can deny that, And I say, this is where the problem comes, and emotionally we have the tendency to blame the paper because we pick it up, and regardless of whether it's one sided or not, we can't do much about that. We can't do anything about any paper, and I don't think any government really can that comes out with one-sided storie s and granted, some of the stories have upset me. But I think the emotional problems came, and I think this to where our concern where many times we've road about crises that have developed or problems that have developed and they have gotten to the point where all of a sudden they were blown, out of proportion. We knew nothing about them or we didn't know they were on a crisis scale. Other than that I feel that this has to address the entire problem of news coming out of the City. It sounds fine to say that all requests for news releases will be cleared through the City Manager, but this involves a problem right there because of the fact that if he is gone, if someone is being questioned in government and this comes up time and time again, it puts them on the spot 9 they are working for him, and I think this is a problem regardless of how you word any resolution; this is a problem that is going a.r�s-emw.e�-r.��—`-_�» - _ .r— - -sue � .-�� .r � ♦ .- �sr.rR�...e.r. to be there as long as there Is this typo of resolution. As far as reconsideration, I think that I expressed my right as a Councilman to ask for reconsideration based on something that I quite frankly didn't and probably should have questioned the night it came up. That's all that I can say to that. In fact, I'll break it off right there. Councilwoman Glick: You made a comment and I hope that the reporter picks it up in the paper that you made it and not me. One other item, in this editorial on September 26th that they made reference to "as one councilwoman stated." That would Indicate that there is more than one councilwoman and I was wondering which one of you guys has been masquerading and since we have had all this changing of names like Phil Ambarian or whatever, I was just wondering if the paper know somothing that we don't. I would also like to point out that these rescinding recommendations that the City Attorney gave in his opinion, he and I had been working on this problem prior to this big, black headline of Friday, September 29 so I would like that to be duly noted in the minutes that the reconsideration action was being considered prior to the headlines of Friday, September 29th. Mayor O'Reilly: Do I understand the City At "-- ey is in the process of reviewing similar ordinances and resolutions from other cities and will, be coming to the Council with such a proposed resolution and/or ordinance? Attorney Schlereth: That's right, I would like to have the next Council meeting to bring this up on the agenda as an ordinance dealing with this note and review the Anchorage r ordinance and the Homer ordinance and pass out a draft of it, and have this matter on the agenda next time if that's all right, Councilman Ambarlan: One comment that I would have to make on the future ordinance is that the news radia should be able to pick up this ordinance in their packet or at the time of the public hearing, I don't see any need to send them specific Information other than that would interest the public. Mayor O'Reilly: They should be able to pick it up in the mini packet? Councilman Ambarian: In their packets or at the public hearing. The information will be available and 9 they do want to make comments they can step forward and do so, -- 1 I -U , RIN 46) I I don't think we nood go out and - I think they should be treated like the public, have the some opportunity as the public has to make comment. Mayor O'Reilly: We have a motion to reconsider. City Clerk Toter: What do we need just a majority on that reconsideration? Majority. We don't have to have it unanimous? Ok. Councilman Aber: Question to the attorney I guess - couldn't or shouldn't a considerable amount of this actually be in the personnel regulations? Mayor O'Reilly: I'm sorry. I missed the question, Councilman Aber: It appears to me that majority of this could actually be covered in the personnel regulations. Attorney Schlereth: That's a good point. I think as it concerns verbal information perhaps the best place for it would be in the personnel ordinance. That's something I can work on. The problem with it perhaps is that some, perhaps, some citizens might complain, that "well it's in this ordinance and in that ordinance, can't we find one ordinance we can road it in" and that's the only problem I have with that. I did think that the personnel ordinance would be the place for - to deal with this but I'm still resolving that in my mind that's why I'm asking for this extra time. Councilman Aber: Your basic problem then is with section 4 in clarifying, expounding on what is being included in the packets - in the mini packets, who they are to be available to and what's to be available? Attorney Schlereth: I don't like to call it a problem - I don't have a problem with it - I just like to -there's been a problem expressed by the newspaper that sued the City. But in my opinion I don't see a problem in it, but to resolve any kind of dispute of this nature or misunderstanding I think the easiest way to resolve this is to write it so that everybody is happy. That the purpose of government -.'sL. _ Tr -1 r. f --. Councilman Aber: But what you're proposing is not to change the intent of section 4 just to clarify it to expound Attorney Schlereth: Expound in an ordinance form. Mayor O'Reilly: Councilman Whelan will you take the chair? Mayor O'Reilly: I'd like to speak on this motion to reconsider. In the first place and it has to be clearly understood, nothing has come up that I know of at all since the period of October, 1077 in the way of published or written memorandum that reflects on any Council person or would deal with anything that a Council person would have a direct interest in what's at concern hero is that in order to have for the City of Kenai to have an informed Council, that Council must have information made available to it and must have some time to consider such information. Thirdly, the points that the Council deal with are the ones of major importance to this City. The points that the media sometimes dwells upon may be of high publicity value but are not to the essence and the essentials of governing this City. Fourthly, if the mayor has the responsibility to govern the Council meetings, I interpret that to mean that the Council meetings must be carried on in an atmosphere of mutual respect that can P only be gained by the experience of working with each other and determining In depth what the motives are of the Council persons. And I want it stated on the record that it never has been my opinion at any time that I ever had s to question any motive of any one of the Council persons on this Council. And to we the situation develop where many matters of importance are delayed because we have to come up with some satisfactory public relation mechanism to satisfy particular press media and to see Council get divided and disturbed about this matter when we have such major matters as FAA land, Alpetco, Pacific Alaska - time consumed on this matter is unfortunately a waste of time of what I consider a highly motivated group of people that are working most earnestly to resolve the major matters that affect this City. So I will vote for reconsideration of this motion only on the premise that the City Attorney Is going to come in with a draft resolution and/or ordinance that will satisfy the legal requirements that are necessary. But I do want it clearly understood that I may have remained silent about the treatment of this City by the press, and it's a judgment on my part to remain silent and allow them to have some range of inaccuracies and innuendoes and attacks on both the City Council persons and the administration but only to the point that it is not damaging to the future of this City. And what has happened tonight, to we Council persons get divided and spend an inordinate amount of time on this matter is disturbing and I think should it be put on the public record that if that 30 1 was the intent and purpose of that newspaper they succeeded and they won a hollow victory in my opinion. With that I would like to resume the chair. Are we ready for the vote? Clerk call the roll. This is the motion to reconsider. That's correct. Ambarian - yes, (hick - yes, Malston - yes, O'Reilly - yes, Beaman - yes, Whelan - yes, Aber - yes. Mayor O'Reilly: We now have the resolution in front of us. Councilman Ambarian: I'd like to make a motion. 1 move that Resolution 78-157 be held in abeyance f until Ordinance 441-78 is presented to Council by the City Attorney. In addition i request sections 1, 2 and 3 of Resolution 78-187 become a part , of an amendment to the personnel regulations and the City Attorney fit section 4 within the framework of the Freedom of Information Act which I believe he said was probably a little bit stricter then what we originally intended hero. Mayor O'Reilly: Do you we have second? Councilman Aber - second i Mayor O'Reilly: 1 I� You are ask for it to be held in abeyance? f "king ey Councilman Ambarian: Yea, the reason I am "king Oat is that I feel strongly about our original honest intent and I don't want to just shove the resolution out of the door, but yet hold it in the books until the ordinance comes in to replace it . 1 just feel strongly about what we have done with the red olution, and I don't want to rescind the whole resolution. Councilman Whelan: When an ordinance is in abeyance does that mean that it's in effect or what? Mayor O'Reilly - a resolution Councilman Whelan - okay, a resolution. 6 =_ i I �3 d l Mayor O'Reilly - this is what I'm puzzling on Attorney Sehlereth: You can say that this enforcement is held in abeyance. I think this can be done. Mayor O'Reilly: There may be a way out of this. We have the resolution as on the table in front of us. You want to table it with a definite time? If it's tabled to a definite time namely when he brings in the revision - Councilman Ambarian: I would - yes, I would refer to the City Attorney - I was going on his advice as far as abeyance. We have it in the books as not being enforced, is this correct? Attorney Sehlereth: That's correct. Councilman Ambarian: But we have it and should we fail to develop an ordinance we can always go back to this resolution if the Council does so desire. Mayor O'Reilly: The only problem I have having, Councilman Ambarian, if tabled to a time definite, namely when the City Attorney comes in with the revised words and accomplishes the same thing, I don't really know what it means to have a resolution in abeyance. Councilman Ambarlan: The way I look at it is that we will have (inaudible) , but we will not be enforcing it. We are deliberately holding the enforcement of that resolution. Mayor O'Reilly: Okay, I'll take that interpretation. Attorney Sehlereft You might interpret it as a resolution perhaps amending or ... part -..amending this existing resolution with the proviso that it not be held, not be enforced until such time as a new ordinance is brought before Council. Councilman Ambarian: Then at the time the ordinance comes in we can rescind. w 8 I MOM Councilwoman (flick: I would also like the records to refloat since everything we do has to be public, after our Council meeting on 9/21 or the early hours of 0/22, I had a short conversation with reporter, J. R. Baldwin, in which he said off the record we had not heard the last of this resolution. And I said to him at that time that if he had real strong problems if he let me know I would make any amendments necessary and this was done to show that we would be willing to work with the paper if they had real strong reservations and also for the record since we are public employees or public officials or whatever you want to call us, I would like to know just how many Council members had any repercussions or any reactions from the public, if any, Councilman Whelan: I did. Councilwoman Glick: How many persons contacted you? Councilman Whelan: About six Qauneilwaman dliek: Ok, I also had quite a few contacts and, in fact, lest Sunday I went grocery shopping and talked to people at random, introduced myself and asked them if they had been reading the newspaper articles just to get peoples' reaction because I want to make sure that what I was doing was - what I thought I was doing was working in the best interest of the City, and the only question that I had was was there a problem with the constitutionality of the ordinance and I said well as far as I knew our City Attorney was working on that and whatever he had to say would come out. Other than that, most all the comments were not against the City Council and I think I am putting this nicely since my thoughts are public, I don't have to say what they are. Mayor O'Reilly: We have Councilman Ambarian's motion to hold abeyance on the floor. Are we ready for the vote on that? Clerk call the role. Ambarian - yes, Glick - yes, Malston - yes, O'Reilly - yes, Seaman - yes, Whelan - no, Aber - yes, 4 y '