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HomeMy WebLinkAbout2005-07-06 Council MinutesITEM A: AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt www.ci.kenai.ak.us CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Maya Johnson -- 4-H, Junior Market Livestock ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E. REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. 2. Ordinance No. 2106-2005 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. 3. Resolution No. 2005-31 -- Transferring $7,000 in the General Fund for a Town Clock. 4. Resolution No. 2005-32 -- Awarding the Bid to Division 10 Products, Inc. for Multipurpose Facility Arctic Winter Games Bleachers - 2005 for the Total Amount of $33,650. 5. Resolution No. 2005-33 -- Expressing Intent to Donate Up to 30 Acres of a 77-Acre Parcel Near Mommsen Subdivision to the Senior Connection of Kenai Upon Certain Conditions. ITEM G: MINUTES 1. *Regular City Council Meeting of May 18, 2005 2. *May 18, 2005 Budget Work Session Notes 3. *Regular City Council Meeting of June 15, 2005. ITEM H: OLD BUSINESS Discussion -- Conoco/Phillips Multipurpose Facility Naming Proposal. NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations by $65,812 in the Senior Citizen Special Revenue Fund and Senior Center Kitchen Capital Project Fund for Kitchen Remodel. 4. *Ordinance No. 2108-2005 -- Amending Portions of Kenai Municipal Code, Title 6 Entitled, "Elections." 5. Approval -- Vacation of a Portion of a 33-Foot Section Line Easement Within Lots 5 Through 15, Block 14, and Lots 3 and 4, Block 14 (erroneously omitted from the original application) of Carl F. Ahlstrom Subdivision (Plat KN 216); Within Section 25, and Vacation of a Portion of a 50-Foot Section Line Easement with Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); Within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2005-102. 6. Discussion -- Schedule Appeal of Planning 8. Zoning Commission Approval of PZ05-35 -- An Application to Amend a Conditional Use Permit for Surface Extraction of Natural Resources to Allow Excavation Below the Water Table for the Property Known as Tract A 1, Beaver Loop Acres Addition No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application Submitted by Patrick J. Doyle, Beaver Loop Sand 8, Gravel, 49785 Island Lake Road, Kenai, Alaska. Appeal submitted by James A. Krein. 7. Discussion -- Community Foundation Proposal. 8. Discussion -- Destination Marketing ITEM J: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks &Recreation Commission 6. Planning 8v Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal, League Report C. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTR.ATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- City Manager Contract. ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt vwwU.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2, ROLL CALL Roll was taken by the City Clerk. Present were: James N. Butler, III Pat Porter, Mayor Joe Moore Linda Swarner (arrived at 7:13p.m.) Cliff Massie I I Rick Ross I Absent was: Blaine Gilman A quorum was present. A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: SUBSTITUTE: F-5, Resolution No. 2005-33, Expressing Intent to Donate Up to 30 Acres of a 77-Acre Parcel Near Mommsen Subdivision to the Senior Connection of Kenai Upon Certain Conditions. SUBSTITUTE: I-2, Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the agenda as amended and Council Member Butler SECONDED the motion. There were no objections. SO ORDERED. A-4, CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING JULY 61 2005 PAGE 2 Council Member Moore MOVED to approve the consent agenda as presented and Council Member Massie SECONDED the motion. There were no objections. SO ORDERED, ITEM B: SCHEDULED PUBLIC COMMENTS B-1, Maya Johnson -- 4-H, Junior Market Livestock Johnson stated her address as 39185 Dory Lynn Street, Kenai. Johnson reported she is a member of the Funky Farmers 4-H Club and explained her club raises animals to sell at livestock sales at either the Ninilchik Fair or the Alaska State Fair. Johnson gave a presentation related to raising animals and the benefits of the 4-H program. She encouraged the council and members of the attending public to attend the auctions and to contribute to the 4-H program through purchasing of an animal. ITEM C: UNSCHEDULED PUBLIC COMMENTS Tim Dillon, General Manager, Arctic Winter Games -- Dillon gave an update of activities taken place in organizing of the Games. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS -- None. ITEM E: REPORTS OF KENAI CONVENTION & VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE -- No reports. ITEM F: PUBLIC HEARINGS F-1, Ordinance No. 2105-2005 -- Increasing Estimated Revenues and Appropriations by $220,000 in the Airport Land System Special Revenue Fund and the Runway Safety Area Improvements Capital Project Fund. MOTION: Council Member Butler MOVED for adoption of Ordinance No. 2105-2005 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes KENAI CITY COUNCIL MEETING JULY 6, 2005 PAGE 3 MOTION PASSED UNANIMOUSLY. F-2. Ordinance No. 2106-2005 -- Increasing Estimated Revenues and Appropriations by $50,000 in the Water and Sewer System Analysis Capital Project Fund. MOTION: Council Member Ross MOVED for adoption of Ordinance No. 2106-2005 and Council Member Massie SECONDED the motion. There were no public comments. City Manager Snow noted the councils of Soldotna and Kenai met several years ago and determined to request $50,000 each for funding a joint feasibility study relating to water issues. Since then, the funds were awarded but the cities had not met again to decide how they should be used. Administration has changed the wording in the resolution to allow use of the funds for other projects if the joint project with the City of Soldotna does not go forward. Snow added, the City of Soldotna changed the language in their resolution as well. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-3, Resolution No. 2005-31 -- Transferring $7,000 in the General Fund for a Town Clock. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-31 and Council Member Swarner SECONDED the motion. Celia Anderson, 36815 Chinulna Drive, Kenai -- Reviewed her design of the clock and copies of the clock were distributed for council's review. Mayor Porter noted the following: • She met with members of the Kenai River Council on the Arts and discussed the town clock concept. KENAI CITY COUNCIL MEETING r JULY 61 2005 PAGE 4 • Artist Celia Anderson presented her with a draft design of a clock which would be made of stainless steel and copper. • Materials and labor are being donated for construction of the clock. • An estimate of $55,000 for the production of the clock, placement, etc. has been suggested. • The city would purchase the clockworks from donations made to the Chamber of Commerce John Watson Memorial Fund, shipping has been donated (for the clockworks) and electricity to the site will be donated. • Those donating will be recognized on an engraving on the side of the clock. • A suggested location in the Leif Hansen Memorial Park was toward the Lake Street end of the park in an area where it can not be damaged by snow removal equipment, etc. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-4, Resolution No. 2005-32 -- Awarding the Bid to Division 10 Products, Inc. for Multipurpose Facility Arctic Winter Games Bleachers - 2005 for the Total Amount of $33,650. MOTION: Council Member Massie MOVED for approval of Resolution No. 2005-32 and Council Member Swarner SECONDED the motion. There were no public comments. Parks & Recreation Director Frates explained, the bleachers would be aluminum spectator seating; seating capacity of 300; and, handicap -accessible ramps on both ends as well as a viewing platform on the front. City Attorney Graves noted, the council recommended changes to the reimbursement agreement which were sent on to the borough and ultimately received approval. Graves added, the reimbursement form required a signature by the finance department of Arctic Winter Games (AWG) stating funds were available to cover the cost of the reimbursement. Graves stated, there are funds "in the pipeline" to cover the $200,000, however not all their funding had yet been received; there is enough funding to cover this portion of the project ($33,000); the agreement indicated the city would be reimbursed as the portions of the project KENAI CITY COUNCIL MEETING JULY 61 2005 PAGE 5 are built; when the form is completed and signed, AWG is certifying they have the funds mailable for the first project (bleachers @ $33,000); and, the city will not let the project until the form is completed and signed. Tim Dillon, Arctic Winter Games Dillon stated the $33,000 is a part of the total reimbursable grant. Although AWG has not received the grant funds at this time; the costs for the improvements to the multipurpose facility are included in their budget; they have the grant that includes the $200,000; and, they do have the $33,000 to cover the bleacher project. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. F-5. Resolution No. 2005-33 -- Expressing Intent to Donate Up to 30 Acres of a 77-Acre Parcel Near Mommsen Subdivision to the Senior Connection of Kenai Upon Certain Conditions. MOTION: Council Member Swarner MOVED for approval of Substitute Resolution No. 2005-33 and Council Member Moore SECONDED the motion. Bill Osborn, 423 Rogers Road, Kenai -- Encouraged council to pass the resolution as an assisted living facility situated in the Kenai area was badly needed. Buck Steiner, 381 Senior Court, Kenai -- Encouraged council's support of the resolution. James McConnell, 19501 Wingham Circle, Eagle River -- Reported six architectural packages were received and the seniors had reviewed five of them. During the next week, they would determine which firm they would use for the design work of the facility. He added, the resolution wording to allow a three-year time frame for substantial completion of the project was aggressive, but they would endeavor to complete it within the three-year period. McConnell also reported the site plan will be brought back for council's review; the project was moving along nicely, and the resolution indicated intent of the city to include in the grant application. John J. Williams, 306 Candlelight Drive, Kenai -- Williams requested council explore the waiving of the taxes referred to in the last "whereas" of the resolution as KENAI CITY COUNCIL MEETING DULY 612005 PAGE 6 well as the water and sewer assessments owed to the city (which were assessed 20 years prior). City Manager Snow indicated the water/sewer assessments as $23,526.96 and taxes as $38,521.75. A brief discussion followed whether to postpone action on the resolution until the tax and water/sewer issue was explored. Council indicated they wanted to go forward with the resolution's consideration and address the suggested waivers in the future. Dan English, 39061 Strawberry Court, Kenai -- Stated his support of the development of an assisted living facility. City Attorney Graves indicated the difference between the original resolution and the substitute, explaining a change in the fourth "whereas" and the "now, therefore" with the inclusion of, "...or if the assisted living portion of the project and a master plan for development of an independent senior housing project are not substantially completed within three years of the date of conveyance." VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: BACK TO ORDER: ITEM G_ 7:47 P.M. 7:56 P.M. MINUTES G-1. Regular City Council Meeting of May 18, 2005 -- Approved by consent agenda. G-2. May 18, 2005 Budget Work Session Notes -- Approved by consent agenda. G-3. Regular City Council Meeting of June 15, 2005 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-1. Discussion -- Conoco/Phillips Multipurpose Facility Naming Proposal. MOTION: KENAI CITY COUNCIL MEETING JULY 62 2005 PAGE 7 Council Member Butler MOVED to authorize administration to enter into an agreement similar to terms in the memorandum (included in the packet). Council Member Ross SECONDED the motion. Moore reported the Commission, at its July 5 meeting, discussed the issue and passed a motion to not make a recommendation and for council to develop a policy (through an ordinance) how buildings, streets, parks, etc. may be named. Council Member Swarner noted she is the Executive Director of the Kenai Peninsula Food Bank, the Food Bank receives contributions from ConocoPhillips, however her salary is not paid by contributions received from ConocoPhillips. Graves stated there was no direct financial link between Swarner and ConocoPhillips; her disclosure cures what connection there is; and, he believed Swarner could participate in the debate and vote. Council Member Ross referred to the last page, second paragraph of the information included in the packet, and the wording, "...ConocoPhillips will be given the first right of refusal for additional sponsorship." He noted, the city does not have a policy related to naming buildings, etc. He asked if ConocoPhillips would object to deleting that portion from the proposal and not refer to future years, but only the three initial years. Peter Micciche, ConocoPhillips -- Micciche noted an amendment for the proposal to be placed at the end of the sentence saying, "...as the Conoco/Phillips Alaska, City of Kenai Multipurpose Facility" and add: "Either the City of Kenai or Conoco/Phillips Alaska may choose against renewing the sponsorship agreement at the conclusion of this three-year agreement. However, should the Council decide to continue with the sponsorship program..." and then continue with the original wording. Micciche explained, approximately $4,000 would be spent on signage and they would like the first opportunity to match a future offer, if there is one. He added, if the sponsorship does not work out for the city, it would have the authority to not continue with a sponsorship program (which would be in the agreement) . Graves noted, his understanding is the council could decide not to continue the sponsorship or reject all offers, however if the city took an offer, ConocoPhillips would have the right to match the high offer. Ross stated he envisioned the city would enter into a special use permit with ConocoPhillips and for the next several years, the city would have the opportunity to address other concerns as to how to do a policy, etc. Graves suggested council could authorize administration to draft a special use permit with input from ConocoPhillips and return it to council for approval. Graves added, the mechanism would be a license or permit for a three-year duration. KENAI CITY COUNCIL MEETING JULY 62 2005 PAGE 8 Council Member Butler reported he received comments from citizens who made some good points, however they should not be confused with the opportunities available to the city in partnering with ConocoPhillips; he believed three years was a reasonable period of time; he wanted to move on with administration and Micciche to work out the wording; and that was the intent of his motion. Porter stated she believed this would be a good partnership and did not feel uncomfortable with the wording of the agreement because in three years ConocoPhillips would be in competition with other groups who may come forward. Ross stated he agreed with Micciche's wording and wanted a formal agreement to be included in the packet for council's review. Micciche noted, the agreement would need review by their Anchorage office. Council Member Massie stated his reluctance in going forward with the issue as he did not feel it necessary to name the building "ConocoPhillips Kenai City Multipurpose Facility" in order for ConocoPhillips to do its advertising at the building. Micciche noted, the city approached his company to help with some of the difficulties with the building; he requested funds from his company to help the city; he was initially turned down because donating to a municipality is not normally done; in approaching it through advertising, he has to present something significant for approval of the $20,000 donation from his company. He added, he believed the process would open a lot opportunity for the future. Ross suggested the motion include wording to bring the agreement back to council for ratification. Butler had no objections. It was suggested a topic of partnering with local companies and organizations be added to the strategic planning list. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. ITEM I: NEW BUSINESS I-1. Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING JULY 62 2005 PAGE 9 Council Member Butler MOVED to ratify the bills included in I-1. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the substitute list of purchase orders exceeding $2,500 and Council Member Butler SECONDED the motion. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. I-3. Ordinance No. 2107-2005 -- Increasing Estimated Revenues and Appropriations by $65,812 in the Senior Citizen Special Revenue Fund and Senior Center Kitchen Capital Project Fund for Kitchen Remodel. Introduced by consent agenda. I-4. Ordinance No. 2108-2005 -- Amending Portions of Kenai Municipal Code, Title 6 Entitled, "Elections." Introduced by consent agenda. I-5. Approval -- Vacation of a Portion of a 33-Foot Section Line Easement Within Lots 5 Through 15, Block 14, and Lots 3 and 4, Block 14 (erroneously omitted from the original application) of Carl F. Ahlstrom Subdivision (Plat KN 216); Within Section 25, and Vacation of a Portion of a 50-Foot Section Line Easement with Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN 84-107); Within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2005-102. It was noted, an error appeared on page 2 of the information included in the packet where the site of the property affected was referred to the City of Homer; council action would be to veto the request for vacation as no action would approve; and the vacation request was reviewed by the Planning 8. Zoning Commission and it recommended approval. KENAI CITY COUNCIL MEETING DULY 62 2005 PAGE 10 Brian Lowe, 1105 Angler Drive, Kenai -- Reported he requested the vacations in order to make six lots; initially, he planned on building a restaurant however his partner pulled out of the project; and, he plans to build himself a home on one of the lots. Council stated no objection to the request for vacation of section -line easements. Discussion -- Schedule Appeal of Planning & Zoning Commission Approval of PZ05-35 -- An Application to Amend a Conditional Use Permit for Surface Extraction of Natural Resources to Allow Excavation Below the Water Table for the Property Known as Tract A 1, Beaver Loop Acres Addition No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application Submitted by Patrick J. Doyle, Beaver Loop Sand 8. Gravel, 49785 Island Lake Road, Kenai, Alaska. Appeal submitted by James A. Krein. A brief discussion took place relating to the technical nature of the issue. It was decided to schedule the hearing for Wednesday, August 17, 2005 at 6:00 p.m. (prior to the regular council meeting); Public Works Manager La Shot would put together some information related to groundwater/ acquifers, etc. for inclusion in the hearing packet of information; someone with some expertise in the field could be requested to be present at the hearing to answer technical questions; and, the hearing could be continued in case the discussion during the hearing gets technical and more time is needed. Butler noted, council was scheduling the hearing past the thirty -day period in order to accommodate the Apellee's schedule as allowed by city code. I-7. Discussion -- Community Foundation Proposal. Mayor Porter reported the discussion was placed on the agenda at her request. It was her intent for the council to establish a Kenai Community Foundation to provide the public a mechanism to donate to the municipality providing funding for municipal buildings, parks, etc. within the city limits of Kenai. Finance Director Semmens noted, as a city foundation, the board of directors of the non-profit would be controlled by the city. In doing this, the accounting of the funds donated would be included in the city's audit. City Attorney Graves reported he would investigate the issue if it was the council's request. Porter requested permission of council to have Graves investigate the issue further. � KENAI CITY COUNCIL MEETING JULY 6, 2005 PAGE 11 Ross stated he would like Graves' information to include Semmens' comments and concerns related to ramifications of the funds being included in the city's financial statement. Council stated no objections to the further investigation of the issue. I-8. Discussion -- Destination Marketing Porter referred to information included in the packet and distributed additional information related to branding the community as an advertising tool. She noted, this was not a budgeted item. A brief discussion followed in which interest was stated in exploring the issue further and gathering information to discuss further in the next budget cycle. Direction was given to administration to explore the issue further to discuss further during the next budget cycle. ITEM J: COMMISSION/ COMMITTEE REPORTS J-1. Council on Aging -- The July meeting was cancelled. J-2. Airport Commission -- Swarner reported the next meeting would be held July 14, 2005 at which time the vision mission statement would be discussed. J-3. Harbor Commission -- Massie reported the next meeting would be held July 11. He also noted, there was an empty seat needing to be filled on the commission. J-4. Library Commission -- The July meeting was cancelled. J-5. Parks & Recreation Commission -- Moore reported the Commission met on July 5 at which time they heard a presentation from the Kenai Kennel Club who expressed interest in using a portion of the proposed development of the Section 36 property and they reviewed soccer field use guidelines. J-6. Planning & Zoning Commission -- Moore reported the Commission considered two plats and held a work session after the meeting related to the Comprehensive Plan and the zoning code. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported the meeting summary was included in the packet. She noted, some of the members suggested the committee ' be excluded from the code requirements of meeting attendance due to their KENAI CITY COUNCIL MEETING JULY 62 2005 PAGE 12 participation in planting and weeding of city flower beds. Porter noted the issue of commission/committees had been included on the list of topics for the council's strategic planning session. J-7b. Alaska Municipal League Report -- Swarner reminded council members of the League's summer meeting in Skagway. J-7c. Arctic winter Games -- Parks 8. Recreation Director Frates reported the next meeting would be held on Thursday, July 14. J-7d. Stranded Gas Committee -- Ross reported a teleconference meeting would be held on Friday, July 8. ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following items: • Suggested the computers included on the auction list be donated to the Boys 8v Girls Club. Moore commented if they are offered to one non-profit, other non- profits would need to be given the same consideration. No direction was given. • Requested the strategic planning session be included on the next meeting agenda. • Suggested sending letters to interested groups about funding for roads. • Stated concern the sounds system in the Chambers was needing repair or replacement. Moore noted, he believed it was a high -priority issue. ITEM L: ADMINISTRATION REPORTS City Manager -- City Manager Snow reported the following: • Administration has received a written quotation related to upgrading the Chambers sound system at a cost of approximately $9,000, including labor. Snow reported two suppliers were contacted regarding the project. Snow requested direction from council. Council consensus was to bring forward a purchase order at the next meeting, using contingency funds. • Legislation was passed to provide funding to the City of Kenai for road and water improvements ($290,000). The Department of Community 8v Economic Development has contacted her and requested an indication of how the funds will be utilized as soon as convenient. Snow suggested administration prepare a draft priority list for council review/discussion at a future work session. No objections were noted from council • Referred to a memorandum included in the packet related to the Arctic Winter Games' (AWG) use of space at the airport for selling AWG goods and an agreement between AWG and Wings Diner for selling of AWG goods until japproximately two prior to the Games. KENAI CITY COUNCIL MEETING JULY 62 2005 PAGE 13 L-2. Attorney -- No report. L-3. City Clerk -- Clerk Freas referred to a memorandum included in the packet noting the time line for inclusion of propositions on the fall election ballot. ITEM M: DISCUSSION M-1. Citizens -- Bob Peters, Old Town, Kenai -- Inquired about the siding replacement of the Historical Society building in Old Town. M-2. Council -- Moore -- No comments. Swarner -- • She attended a reception in Homer celebrating the 50th Anniversary of the Rasmussen Foundation. • Stated concerns lawns are being damaged during snow removal. • Reported a truck selling mattresses was situated across from the Visitors Center. Graves stated he would refer the matter to the Code Enforcement Officer. • Asked for Administration to check into whether the vendors at the Saturday Market collect sales tax. Massie -- • Stated his thanks for the sound system activity. • Felt the Parks & Recreation Commission's recommendation related to the naming of buildings, parks, etc. in the city without a written policy was ignored. Ross -- No comments. Butler -- Thanked the city and Chamber of Commerce for their participation in planning and presenting the Fourth of July parade. EXECUTIVE SESSION -- City Manager Contract. MOTION: Council Member Moore MOVED to convene into executive session regarding personnel matters with the City Manager, first meeting with City Attorney Graves and then with City Manager Snow. Council Member Swarner SECONDED the motion. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes KENAI CITY COUNCIL MEETING JULY 612005 PAGE 14 MOTION PASSED UNANIMOUSLY. CONVENED INTO EXECUTIVE SESSION: 9:01 P.M. BACK TO ORDER: 11:00 P.M. Moore reported the council decided not to renew Ms. Snow's employment contract past the July 16, 2005 expiration date. Therefore, Ms. Snow's employment will terminate on July 16, 2005 pursuant to the contract. The City Attorney is authorized to negotiate a separation agreement with Ms. Snow, subject to council approval. MOTION: Council Member Butler MOVED to adopt the report of the executive session and confirm the directive that the council has given the City Attorney. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. Snow requested to make a statement for the record. Porter referred to City Attorney Graves. Graves stated he believed the council should reconvene into executive session and discuss the request. MOTION: Council Member Moore MOVED to adjourn into executive session of the city council. Council Member Swarner SECONDED the motion. VOTE: Gilman Absent Butler Yes Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 11:01 P.M. BACK TO ORDER: 11:09 P.M. Porter noted the motion on the floor to adopt the report of the executive session. It was noted, unanimous consent had been requested. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 6, 2005 PAGE 15 Snow asked if she would be able to speak. Porter requested a report from Council Member Moore. Moore reported the council reconvened into executive session and discussed Ms. Snow's request to make a statement. It was decided Ms. Snow has the right to make a statement, although it did not mean the council agrees with that statement. Porter stated Snow could make her statement. Snow stated: The decision that the council made earlier this evening is shocking to me and makes me very, very sad. I had advised council earlier in my letter of my feelings regarding this matter during the May 4th executive session which I attended. Mayor Porter informed me the city council did not wish to renew my employment contract after it expires on July 15th, 2005. Instead Mayor Porter informed me the council wanted me to continue as city manager on a month -to -month basis. Although I attempted to ask for clarification, the council, on the advice of the city attorney, did not provide additional information to me or discuss the matter further. Subsequently, Mayor Porter assured me it was her understanding the council wanted me to continue working as city manager after July 15th, 2005 on a month -to -month basis. I previously informed the council of this, that it was my desire to continue my job as city manager after the expiration date of my current contract pursuant to council direction at the May 4thexecutive session. I really am truly saddened by this decision. I thank you and I have enjoyed my tenure with the City of Kenai. ITEM N: ADJOURNMENT The meeting adjourned at approximately 11:10 p.m. Minutes transcribed and prepared by: e � Z. cx, Carol L. Freas, City Clerk APPROVED BY COUNCIL t�4T� eITY CLERK