HomeMy WebLinkAbout1977-10-25 Council Minutes - Special MeetingEMERGENCY SPECIAL. MEETING - KENAI CITY COUNCIL,
OCTOBER 25, 1077 - 0: 00 P.M.
CITY MANAGER'S OFFICE - KENAI CITY BALL
MAYOR VINCENT O'REILLY PRESIDING
CALL TO ORDER
Present: Tom Aekorly, Edward Ambarian, Betty Glick, Ronald Malston,
Walter Sweet, Dan Whelan and Vincent O'Reilly
Absent: None
MOTION:
Councilman Ackerly moved seconded by Councilman Ambarian, that the Kenai
City Council enter into an emergency special meeting for the purposes of
discussions concerning the United States Environmental Protection Agency and
City of Kenai, in particular, the City of Kenai's Sower Treatment Plant.
Motion passed unanimously by roll call vote.
Discussion followed relative to the latest Consent Decree received by the City of
Kenai from EPA. Mayor O'Reilly reiterated points of the pending case in which
the City was found to be in non-compliance in the operation of their Sewer Treatment
i0 Plant, Councilman Ambarian stated that the reason the Council requested an
omorgeney special meeting is that it has been brought to the Council's attention
that the City Manager was going to proceed with discussions with EPA without
Council consideration -- the Kenai City Council has been involved in every decision
affecting the City in the past three years and the Council must continuously be
made aware of pending matters, such as the situation with EPA. Councilman
Ambarian inquired why the Council had not been advised of the latest situation
with EPA and was advised by Mayor O'Reilly that he had had discussions with
the City Attorney on the Thursday prior to this meeting as the City Manager had
been out of the City, Mayor O'Reilly stated that at that time Administration had
inadvertently not passed the information on to the Council. Mayor O'Reilly further
advised that upon the City Manager's return on Monday, the City Manager had
contacted him and it was decided at that time that the City Manager and Mayor
would travel to Anchorage to meet with the EPA representatives. Councilman
Ambarian stated that Council had been given a report at the last regular meeting
that all matters were progressing well with regard to the EPA suit and then
Council was contacted by the City Attorney advising that this was not the case.
Councilman Whelan stated that he felt this matter was a "sensitive issue" and a
special meeting should have been called immediately -- Councilman Whelan
stated that he felt the major problem was with the City Manager taking the matter
out of the hands of the Council, Councilman Sweet stated that his biggest concern
was that negotiations were taking place without Council input -- Councilman sweet
further stated that if there had not been sufficient time to call a special meeting,
a telephone poll of the Council should have been taken. Mr. Wise advised that
KENAI CITY COUNCIL, EMERGENCY SPECIAL MEETING, OCTOBER 25, 1977 Page 2
after he reviewed the document, he felt there were several areas of gross
inaccuracies and did not realize that the document had been given to the press
and had become a public document. Councilman Sweet inquired as to the legality
of making certain documents available for public knowledge . City Attorney
Williams advised that the City Charter does not specify who is to make the
decision concerning public information, however, all materials are of public
information unless it is doomed essential that the matter be kept confidential if
opening to public inspection would defeat the intended purpose. Mayor O'Reilly
stated that perhaps Council could follow the procedure wherein the City Attorney
could determine the confidential nature of an item and advise the Council accordingly.
Councilman Sweet stated that Council should be kept abreast of all matters and
should set forth guidelines for continuance of discussions with EPA. Councilman
Whelan agreed with Councilman Sweet and stated that when items come up in the
future, the Mayor should be contacted and the Mayor in turn would then contact
the Council.
City Attorney Williams advised Council of her discussions with EPA and reported
that EPA felt the City capable of properly running the plant and meeting the
discharge requirements. EPA further feels that the City of Kenai should make
an effort to comply with interim adjustments to the Sewer Treatment Plant and
upon an effort by the City, EPA would negotiate the settlement accordingly.
After considerable discussions on the Con&mt Decree, the following action was
taken by Council.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, to invite a
representative from CH2M Hill to meet with Council as soon as possible relative
to discussions and cost factors involved in designing interim modifications to
the Sewer Treatment Plant in order for the City to meet EPA regulations.
MOTION - AMEND
Councilman Sweet moved, seconded by Councilman Whelan, to amend the
motion to include that CH2M Hill not be limited solely to design but also to
procedural and operational modifications.
QUESTION - AMENDMENT
Passed unanimously by roll call vote.
QUESTION - MAIN AS AMENDED
Passed unanimously by roll call vote.
WORK SESSION
Council directed Administration set up a work session between Council and
representatives from CH2M Hill for Monday, October 31, 1977 at 7: 00 p.m. in
the City Manager's office. Respect f Uy submitted,
9,&"
Suet. Peter, City Clerk
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