HomeMy WebLinkAbout1996-08-07 Council Minutes•
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AGENDA
KENAI CITY COUNCIL - REGULAR KEETING
AUGUST 7, 1996
700 P.M.
KENAI CITY COUNCIL CERB
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.
D. SCREDUtLED PUTBLIC C MM T (10 Minutes)
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1. Removal of City Manager
2. Ordinance No. 1708-96 - Increasing Estimated Revenues
and Appropriations by $200 in the General Fund for
Plantings, Shrubbery, and Flowers.
3. Ordinance No. 1710-96 - Increasing Estimated Revenues
and Appropriations by $15,000 in the Airport Land
Special Revenue Fund for Installation of Air
Conditioners in the Flight Service Station -Building.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous
vote)
c. Motion for Adoption
4. Resolution No. 96-57 - Providing for Submission to the
Qualified Voters of the City of Kenai at the General
Election to be Held in the City of Kenai on October 1,
1996, the Question of Issuing General Obligation Bonds
or Otherwise incurring Debt in -an Amount Not to Exceed
$2,500,000 to Provide a Portion of the.Funds Necessary
to Construct an Addition to the City of Kenai Community
Library.
a. Retention of Bond Counsel
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5. Resolution No. 96-58 - Transferring $7,500 in the
General and Water and Sewer Funds for Lease of a Phone
System and Purchase of a Phone Message Recorder.
6. Resolution No• 96-59 - Transferring $14,283640 in the.
Water and Sewer Special Revenue Fund for Purchase of a
Hydro Jet Sewer Cleaning Unit.
7. Resolution No. 96-60 - Awarding a Contract to Sewer
Equipment Company of America for Furnishing a Hydro Jet
Sewer Cleaning Unit, Modal 747-F, for the Total Amount
of $44,283.000 Which Excludes the Additive Alternate.
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Challenger Steering Committee
d. Kenai Visitors & Convention Bureau Board
1. *Regular Meeting of July 17, 1996.
1. Discussion - ordinance No. 1704-96/Consideration to
Remoie from Table.
2. Discussion - Kenai Visitors & Cultural Center/Speed
Bumps•
3.
Discussion
- Mission Street/Cherrier.Right-of-Way.
4.
Discussion
- North Kenai River Mouth
- Dunes Project.
Raw BMI-MESS
1. Bills to be Paid, Bills to be Ratified
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2. Purchase Orders Exceeding $2,500
3. *Ordinance Ho.. 1709-96 - Increasing Estimated Revenues
and Appropriations by $150 in the. General Fund for
Fertilizer and Gardening Supplies.
4. *Ordinance NO* 1712-96 - Increasing Estimated Revenues.
and Appropriations by $490,000 in a New Capital Project
Fund Entitled."Kenai A.R.F.F. Project."
5. *Ordinance No. 1712-96 - Increasing Estimated Revenues
and AppropriWone by $20,000 in the Parks Restroom.
Capital Project Fund for a Restroom at the Kenai
Municipal Park on Forest Drive.
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
J. psemse-1
1. Citizens (five minutes)
2. Council
1C. AD.TOURNI�ig�l'1'
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KENAI CITY COUNCIL - REGULAR MEETING
AUGUST 7, 1996
7sOO P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR JOHN J. WILLIAMS# PRESIDING
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Mayor Williams called the meeting to order at approximately 7:30
p.m. in the Council Chambers in the Kenai City Hall Building..
Mayor Williams led those assembled in the Pledge of Allegiance.
A-Z.
Roll was taken by the City Clerk. Present were: Bannock,
Smalley, Williams, Bookey, Swarner, Moore and Measles.
A-5.
Mayor Williams requested the following changes to the agenda:
ADD A8s D-7c - Alaska Challenger Learning Center Steering
Committee Activity Summary, June -July, 1996.
ADD T0: I-1, Mayorls Report - 8/5/96 JW memorandum regarding
consolidation/elimination of positions at Katmai and
Lake Clark National Parks.
ADD ASt Information Item No. 11 - 8/2/96 Kenai Chamber of
Commerce letter regarding closure of the local
PTI Customer Service Office,
MOTION:
Councilman Smalley MOVED for approval of the amended agenda 'and
requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the
motion. There were no objections. SO ORDERED.
A-6.
Mayor Williams stated he had no changes to the consent agenda.
MOTION:
Councilman Smalley MOVED for approval.of the consent agenda as
presented and Councilman Bookey SECONDED the motion. There were
no objections. SO ORDERED.
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. RBNAI CITY COUNCIL MRBTIN6 MINUTES
AUGUST 7, 1996
PAGE 2
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None scheduled.
Removal of City Manager
Vice Mayor Measles explained for the benefit of the public that
he and Mayor Williams had just come from a meeting with City
Manager Tom Manninen who had agreed to go into an executive
session with the council at this time. Based on that, he stated
the following motion.
MOTIONS
Councilman Measles MOVND the council convene into executive
session with City Manager Manninen and Acting City Manager Dan
Morris. Councilman Smalley 83CONDLD the motion.
Bannock objected to the motion. Mayor -Williams called for a roll
call vote.
VOTES
Bannock: No Smalley: Yes Williams: Yes
Bcokey: ---- - Yes - - -Swarner: Yes Moore: Yes -
Measles: Yea
MOTION PA888D.
Williams: There will be an. executive session then. We beg -your
indulgence andvask forgiveness for the delays in getting the
meeting started this evening. As you are well aware, there are
some very important items to the agenda. Some very important
discussions that need to take place. We!ve elected to do these
in an executive session. Anything that is. discussed and any
decisions that come about as a result of this executive session
will, be made public.. immediately after the executive sessions
We'll come back down here. our agreements, if any that are
reached, will be made public to all of you at that. time. With
that, thank you for your indulgence..
. KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
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EXECUTIVE 8E88I0N: 7:35 p.m.
SACK TO ORDER= 8:32 p.m.
Williams: To all of you, our apologies for this long delay and
see if we can proceed with the meeting from nere.
Before we move on, is there, who wants to give the report on the,
the executive session?
Smalley: During the ccurse of the executive session, council
discussed with Mr. Manninen, in a variety of proposals, in
dealing with his potential termination/removal/resignation from
the city and we were unable to come to any consensus. And that's
what transpired in the executive session. Unless anybody wants
to add to that.
Williams: All right, seeing no further comments from the city
council we will proceed with the regular agenda of public
hearings. The first public hearing being the question of the
removal of the city manager.
Smalley: Should a motion start first or will we...
Williams: Yes...
Smalley: ...have discussion first?
Williams: No, we'll have a motion first. Councilman Smalley.
Smalley: Ah, Mr. Mayor, under Section 3-1, section (b) of the
City Charter, I move to permanently remove the city manager, Mr.
Tom Manninen from office, effective immediately.
Swarner: Second,
Williams: It's been moved and seconded as read. I think we
should go ahead and have a, all right, we'll have a public
hearing on this issue now. We won't vote on it until after we've
had the discussion period and the public hearing. So, with that,
is there anyone here from the general public who would like to
address this issue? Yes, please come forward and state your name
and address for the record.
Sill Phillips: I am William Phillips, 108 South Tinker here in
Kenai. Ah, I've been following what is happening through the
newspaper and my basic intention is simply always
been, ahe talk to any CEO, city manager, school board superintendent, you
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 4
college president, privately thay'll tell you their first and
primary objective is always to win and maintain the control and
confidence of their governing board. Whenever they fail to do
so, by whatever means that occurs, when they lose that
confidence, they're done. They should be preparing to move on.
Their best course of action at that time is of course, to work
for the best golden parachute possible; hail fellow well met;
march out of town with a marching band; get it over with; get it
done with.
There has been so much transpired, that there is no way that the
city manager can continue in his position. Just cannot happen.
And I don't think you don't have any choice but to move ahead and
fulfill the contract, get it over with, get it done with, bye and
leave him go. Ah, because it is not going to be possible for the
individual to be effective in anything. There will be continuing
fighting and animosity. It's already torn the city apart and
it's time, I think, for all of you to simply get together and
say, effectiveness is ended and vote as seven to say, in favor of
this motion, get it over with, get it done with.
Now, that's a reality. When a manager loses the confidence of
the people who he reports to, his effectiveness has ended. His
ability to serve is ended. When that, as I say, when that
occurs, and it has occurred in this instance, that becomes the
most important issue. If you can't, as individuals, if you as
individuals now can say that the manager would be effective,
let's say you have a four -to -three vote. What's going to happen.
You're going to have a major mess and it's going to continue to
be a mess, and a mess, and a mess, and a mess, and a mess and
there's just going to be constant problems. so why not bite the
bullet now, vote as seven and say good bye. Whatever the
contract is, we'll honor the contract, good bye. And it's over
with and done with. Becaus3 the effectiveness has ended.
Whatever reason each of you as individually, who has come to the
opinion that the manager must go, you've lost confidence in him.
And if you've lost confidence in him, you'll never regain that
confidence, especially after all the divisiveness that's gone on.
Williams:
Phillips:
All right. Thank you.
That's all I got to say.
Williams: Thank you Mr. Phillips. Yes. State your name and
address for the record.
KENAI CITY
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COUNCIL MEETING MINUTES
1996
Nancy Gourley: My name's Nancy Gourley, 503 Ash Avenue, Kenai.
With all due respect to the issues protected by Charter, it's
been brought out in public that there's a move afoot to remove
the current city manager from office. some of us taxpaying
citizens have a problem with that. Unless there's evidence to
the contrary, the city manager has done nothing illegal, immoral
or unethical. it is apparent that the present financial position
of the City of Kenai is very healthy. We are in the black, so to
speak. it is also important to note that the manager is governed
by all the council. So what exactly is the problem here?
it would appear that for whatever reason Mayor Williams has a
personality conflict with the city manager and has used his
position as, and leverage as mayor, to influence other members of
council agreeing with his point of view.
You people, through executive session, had kept the citizenry of
the City of Kenai in the dark about this issue and if the Charter
disallows that the people paying the bills to know what is going
on in this community, then its high time to modify that Charter.
One must remember that the mayor is only the chairperson of this
corporation and we are the shareholders, and we shareholders have
not seen evidence of our councilmembers, or board of directors as
you will, having formally supported your arbitrary decision to
put anyone on notice, or for that matter, remove our assets from
any bank. That is clearly a council decision and you sir have no
right to exercise that authority without consent of this council.
On the point of employee morale. Well, they have to adjust to
changing times and new management styles. If not prepared to do
so, then perhaps it's time for some of them to seek employment
elsewhere. Maybe this is why they appear silent on this issue.
They can see the writing on the wall.
Therefore, unless this council can table substantial proof that
our city manager has done something illegal, unethical, or
immoral, then this shareholder of the corporation votes to keep
him. Perhaps the one that needs a little scrutiny as to his
performance, is the mayor and his followers on council. I
believe that this will be done on the voting booth. Thank you.
Smalley: Could I respond to Ms. Gourley?
Williams: Yes.
KENAI CITY
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PAGE 6
COUNCIL MEETING MINUTES
1996
Smalley: There are a number of issues which I could take up.
There's only one particular one. You're comment that the city
mayor has used his influence on this body due to a conflict of
interest. Just so that you know, I know of one councilperson who
was somewhat concerned and wondered if we had done the right
thing in hiring this gentleman within about the first six months
of employment and it took close to three years before there was a.
sufficient number of votes on this body, to discuss it and I am
that one individual. So. I was not influenced by His Honor.
Gourley: Well, you know, and, and you also, all of you know
that, that I contacted you by phone when this came out in the
paper. Um, some of you responded to me. Some of you did not.
Those of you that didn't respond, know that you didn't and the
main, most of you that I spoke with, said nothing. You know now,
the reason of substantiation for this was the Charter. I want to
know what's going on. I'm paying the bills, you know, and it's
ah, it's, it's the darkness that offends me the most.
A& Smalley: Under due process for Mr. Manninen's purposes, there
were many things that could not be said until it came to this
public hearing. Ah, and that's for his protection. That's just
cause and due process, which he is entitled to.
Gourley: Well, consider the protection of my city.
Smalley: Yeah,
Williams: Thank you. Anyone else from the general public wishing
to be heard.
Anita Necessary: Slowly but surely I get up here. I an Anita
Necessary. I live at 1625 Fathom Drive in Kenai. Um, in May of
this year, I wrote a letter to the paper and the day it was
published, my phone started ringing. I didn't know that that
many people read letters to the editor in our local paper. It
was quite a surprise.
Um, most of the calls were about ninety-nine percent in agreement
with what I said and then there's the one percent that said that
ah, I didn't know what I was talking about and I was just
whistling Dixie.
But you know, one thing I learned from these calls, and it was
really an eye-opener to me. I see some of these people in
. public, later one, and they says, "You know, we really agree with
you Anita." And I said, "Why don't you all go public with me?
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 7
Why don't you all write? Or, why don't you say something?" And
you know, their reasoning was that they had, that they might want
to work for the city sometime or they had worked and they might
want to work again, and they were afraid of the intimidation of
our city council. Because they were to cross one of y'all or to
say something that you y'all didn't like, that they would have no
chance of getting a job. You know, something's wrong here, you
know, when people can't express their opinions. And ah, I don't
think we should let this type of thing become commonplace for our
town. You know, we're all way above that.
Okay, you know, after I graduated from college, I worked for over
twenty years. And ah, I worked for over twenty years before I
hung up my pin, my pad, my typewriter, and by choice, became a
full-time mother and a wife to my family. But you know, in the
course of my career, I became supervisor in two or three of my
jobs and believe, it or not, I wasn't the most popular person in
those offices. But you know, someone forgot to tell me that a
supervisor was not a popularity contest. I thought my job was to
do the best possible job I could do for my employer. And ah,
it's my impression, and maybe some impression of some of the
people that I talked to that Mr. Manninen and his staff did not
always see eye -to -eye on things. And rather than setting down
and by -golly, just talking it over, the staff and some of the
other people, went over his head and came to y'all. And I think
this why we are in the situation we are today is that maybe that
talk was, not into, didn't go through the right steps.
You know, up to this time, y'all have done a excellent job -in -
overseeing our city. I mean, it was through y'all's efforts and
help that y'all helped my son become an Eagle Scout. Cause
everyone on this council had some part to play and the city
employees had a big part -- Ken and his crew, and we appreciate
that. But, you know, I'm real, real fearful about the precedence
that you guys are setting with what's going on right now.
See, down the road a piece, if our city manager or some
department head gets cross -wise with some of their staff, do they
retain their jobs and sit down and talk it out or do we face, or
does the City of Kenai face what's going on right now. Something
to think about.
I think the city council and the City of Kenai right now, as a
whole are in a very precarious position. We have no city finance
director, nor do we have a city manager. Where do we go from
here? Thank you.
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 70 1996
PAGE 8
Williams: Is there anyone else from the general public?
Teresa Werner: Good evening, -Mr. Mayor and councilmembers. My
name is Teresa Werner. I live at 409 McCollum Drive and I ask
you to bear with me. I donit.have a lot of wind. I'm in the
later stages of pregnancy, obviously.
I would like to validate some reasons in favor of the removal of
the city manager as noted in the letter to Mr. Manninen, dated
July third, 96. Mr. Manninen, you're failure to provide
leadership to the building department resulted in Mr. Springer
issuing an illegal permit for a multi -family fourplex to Mr.
Richmond at 309 James Street on one hand, while delaying permit
issuance, without reason, to Mr. Quade for a single-family
dwelling at 120 Fern Street, on the other.
You were notified of existing deficiencies with the building
department two years previous in a letter to dated 3-23-94. Mr.
Springer exercises poor judgment from lack of direction and
probably lack of experience. For example, the permit for a
remodel addition at 407 McCollum Drive was issued in f94 without
a check to see if the dwelling was hooked on to city sewer and
water. This means lost revenue for the city.
With Mr. Manninen, the Kenai building department had no plans
review process or watchdog. It appears that the building
official unfairly uses his authority in the course of his duties.
I hold you directly accountable for these problems.
The lack of professionalism in city. administration- ref lects..on. ._
you, Mr. Manninen. The arrogant behavior and unhelpful attitude
of the building -official and the city engineer is shown by the
letters in the packet. The building official has cost Mr. Quade
and myself one -and -one-half lost building time and the loss of
the building crew (they had to seek employment elsewhere),
concluding a financial loss of $10,000 as the building will be
completed one year late. Public Works Director admits that it is
his department, but when confronted, failed to recognize any
problem with the way the building official conducts business.
The documents in the folder show the one -hundred and eight -degree
difference in treatment you may receive when applying for a
building permit in Kenai. Thank you..
(Ms. Werner passed out packets of information to council.)
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AUGUST 7, 1996
PAGE 9
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Williams: All right, thank you very much. Yes, Councilman
Bannock.
Bannock: I've spoken with No, Werner in regards to many of these
issues, and although, perhaps, perhaps there is some discussion
to these, I do not feel that these specifics have anything to do
with the letter dated July third, 1996, in regards to the reasons
why we are terminating Mr. Manninen. Let's keep that as our
goal. That is what we are here for. That is what this is all
about. Nothing more. Nothing less. That's not fair. Thank
you.
Williams: Thank ,you. Is there anyone else from the general
public wishing to be heard? Anyone else from the general public
wishing to be heard? Please come forward. State your name and
address for the record.
Shirley Roberts: My name is Shirley Roberts. 1619 Fathom Drive,
Kenai. Three years ago when Mr. Manninen came into the city of
Kenai, there was a group of people, called the Airport Business
Alliance. I feel that that group of people at that time had a
personal vendetta against the Airport Manager. Called a meeting
together and invited our new city manager to come hear their
complaints about our airport manager. I attended that meeting
and heard the things that these people at the airport had to say
about Mr. Ernst. I wasn't in agreeance with everything that they
had said. I have dealt with the airport manager for several
years. Mr. Manninen had no light on what these people were
bringing to him at that point-.-
I saw, at that time, that the city manager did not dismiss the
airport manager because there was a group of people who had
complaints about a city person doing a job. The only result that
I know is, is that evidently something was worked out and Mr.
Ernst was kept with his job. Evidently they reconciled the
problems that this business group decided that were happening at
the airport.
I feel the city manager worked with his employee at that time. I
don't know a lot of the things that go on in the city, but I was
part of that meeting at that time where a city manager, being new
into the City of Kenai, took the time out to meet with the
business people and also to work with.the employee of the city.
I have not had any misdealings with Mr. Tom Manninen and I just
wanted to speak on that behalf and I thank you.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 10
Williams: Anyone else from the general public.
Tim Navarre: Thank you. Tim Navarre, Kenai. I have a little
cold, so I'm a little deeper today. To begin with, I want to
read the resolution that was before, that I know is there, but
the Kenai Chamber of Commerce Board of Directors asked me to read
it into the record. So, I'll do that at this time.
A resolution of the Greater Kenai Chamber of Commerce
Board of Directors. Whereas, the Kenai Chamber of
Commerce Board of Directors are concerned that the
positive perception of the City of Kenai will continue;
and,
Whereas, the Kenai city manager position is a highly -
visible, high -profile position, responsible to all
Kenai city citizens; and,
Whereas, the present Kenai city manager has
demonstrated to be a professional and progressive
protector of the City of Kenai's stability among the
business leaders in the community; and,
Whereas, under the direction of the current city
manager, or the current city manager, City of Kenai,
financial stability has remained in tact and prospered;
and,
-- Whereas, there are numerous -important projects that the
current city manager expertise has been instrumental in
developing additional opportunities for our community;
and,
Whereas, the Kenai Chamber of Commerce Board of
Directors is concerned about the potential liability to
Kenai residents, as well as the public appearance of
bad faith and unfair dealing with the handling of the
city manager's contract; and,
Whereas, the Kenai city manager has been a viable
liaison between the Kenai City Council and the Kenai
community.
Now, therefore, be it resolved that the Greater Kenai
Chamber of Commerce Board of Directors goes on record
urging the Kenai City Mayor and the Kenai City Council
to proceed in good faith and negotiations with the city
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 11
manager whether for contract renewal or dismissal, to
gain or resolve to this issue, for the good of the
community.
And it was signed by Mark Necessary, president of the board.
My comments, they're very tough at times, as you know, I'm an
elected official also and I take that responsibility very
seriously and I think all of you do and I think that just as
attacks have happened on Mayor Williams and other members of the
administration and council, all the facts, it gets very
frustrating, and as you've heard the public speak, when the facts
aren't brought out, um, what they're supposed to know or do. I
would have liked, personally, when you came back from executive
session, especially, I suppose, since there was no agreement and
you're going to move this direction, I would have liked to have
known maybe a little more detail of what was actually attempted
or you know, maybe let, let us see where, where we would have
thought about it at least. Maybe you would have gone back into
executive session and tried it one more time.
Ah, I don't think this is necessarily healthy for the, for the
city. I think there certainly is going to be a lot of airing
yet, and that will be healthy on both sides. Um, but it, a lot
of it, as you know, and just like I, when I'm, when I sit as a,
an assembly member and information, a lot of people don't have
all the facts and, and they're coming to you and they're making
statements that are not true because they think they have the
facts, but they don't. And, um, there's been an ample amount of
time, and I know how executive sessions are protection of
somebody's rights goes, but, I just feel very bad that this city
cannot, you know, we've always been an example, and exception to
rule even. You know, there's the rule that we only keep,
normally people keep a city manager two--and-one-half three
years. well, we
and it's been goo
been able to comet
a solution and if
together and find
where, where peop
respect and deal
they have a stron
able to tell some
have to make thei
too bad we have t
all my dealings w
you didn't always
F
lave never gone by that rule and it's sort of,
I for this city and that's because we've always
inicate and talk to each other and, and come to
there is a problem, we should be able to come
a solution long before it gets to this stage
Le have to pick sides against people that they
vith, but yet, on this particular issue, they,
I feeling. And, for some reason, somebody isn't
)ody enough of one thing or another for them to
c movement over to one side or the other. It's
pick sides and ah, I can only say that in, in
Lth the city manager, from your standpoint where
agree with me on the, on the Kenai River issue
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 12
and I tried to get him to, that, he said is the way the council
feels on this and that's how I'm going to deal with it, to
working with him on the EDD Board and his involvement in
maintaining, through your wishes, even, to keep the EDD office in
Kenai. And, ah, to keep that opportunity present here for you
and he was very instrumental in doing those things.
As you can see, by the, by the, both by the Board of Directors of
the Chamber of Commerce and the people that you've heard from and
couple of people in the public I've heard from, in some of the
meetings I've been involved, that, that there are a number of
people here that he's done his job on that end of it. I mean,
when you go hire a city manager anywhere, you hope that he can
get in with the community and blend in and be part of that
community. I guarantee you, there was nothing in the letter
that, in, in, in what you're saying you, you want him to let go
for, said he didn't work with the people or he didn't work with
the public. Ah, that's a very, very big state. Whenever you
hire a new one, you better make sure he does that. He doesn't
just have to get along with you and not any of us and ah, and I,
and he did a damn good job at that and I, every place I gw I,
even my dad this morning, he was reading the paper again and he
says, "I just don't understand this." And, you know, that's
where if it goes from one end of the spectrum to the other, and
people have these questions and maybe like the lady said earlier,
maybe there's something in the Charter that needs to be changed
or certainly I hope that a clear airing of this will come out so
that the facts of it, cause that's where the real healing process
will have to occur from is the real facts instead of letting all
these unknowns or all these assumptions out there and somebody
hopefully, has to start talking and say what the real problem was
or otherwise why the contract, if, you know, you hear so many
things, I don't even know if I made a comment on the contract if
it's true or not ah, except for the fact that, you know,
supposedly there was a buy-out thing, why you didn't do it and
just be done with it. Ah, most people probably could agree with
that more so than, than this process, because it's not a healthy
situation and ah, I would just ask that, you know, you that maybe
you call another executive session and ah, and try again because
I don't thinks this is going to be healthy and ah, I don't see an
end result in, in this solution that it appears that it might be
going. Ah. I believe, you know, I still believe that the city
manager could go back to work here and work. It wouldn't be
easy, but I think it could work and ah, but ah, whatevor the case
is, I, 1 just hope that you treat Mr. Manninen the same way you
would want to be treated and if you're doing that, then fine. I
know everyone of you and if you're making the decision based on
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 13
your own and how you would treat a member of your own family or
whatever. You know, in our big family, we've had lots of
squabbles, but, we still are a family and we still get together
and that's been one of the great things about the City of Kenai
as it's been a great family and right now we're having a little
problems and we need to find a solution and we can't ignore one
aspect of that comment and say that they don't have a say or that
I've got the best answer and that you'll just have to trust me'on
it. I don't think it will work this time, I think we want a
little bit more deeper answers. Thank you.
Williams: Anyone else wishing to be heard?
Baul Niloox: Mr. Mayor, members of the council, my name is Paul
Wilcox. My address is 550 West Seventh Avenue, Suite 1100 in
Anchorage and I an the lawyer and have been retained by Tom
Manninen in connection with ah, this matter. Ah, my ah, purpose
tonight is not to recount all of Mr. Manninen's response to the
seven items set forth in your July three letter which I believe
was very ably set forth in the paper, I believe it was yesterday,
. by two of your councilmembers in substantial detail.
Ah, my purpose here is to request that you listen and consider
ah, avoiding what could very well be precipitous action in
connection with this matter. Ah, as you know from the letter
that I had sent to City Attorney Graves on July thirty-first,
which I understand is part of the packet, ah, that you have this
evening, ah, it is our position that under, that Mr. Manninen's
contract, but for the fact of those provisions in that contract-,-
ah, under the City Code and Charter, he would employed at will,
but as is discussed therein, ah, in his contract, he has been
given other rights and those rights which are attendant to other
city employees and it's our position that under Alaska case law,
ah, employment relationships can be modified by written
agreements as recognized in a the Jones against Central Peninsula
General Hospital case which I had the opportunity to argue before
the Supreme Court of Alaska ah, and let me interject here, I
should have said at the outset, most of the time, ninety-nine,
ninety-eight percent of my practice is representing management,
is representing on the other side of the table as it were from
what is the situation here, whether it be in the public sector or
in the private sector and so I've had the opportunity, if you
will, to sort of look at it from the shoes in which you're
standing ah, on a regular basis.
• But in this situation it is our position that ah, under Mr.
Manninen's contract, he would have the right as we had attempted
•
s
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 14
to do on his behalf, to submit this matter to arbitration. Under
the rights ah, also recognized in Alaska case law, he has the
right to be treated fairly. That ah, there is a covenant, an
agreement in all employment agreements that employees are going
to be treated fairly and if that covenant is breached or broken,
ah, the Alaska case law recognizes potential liability for that.
As a public employee with rights under his contract, he also has
an entitlement to due process and he isn't, if he is deprived of
his right to appeal an arbitration as set forth as I've said in
the letter, it would be another problem as well and finally, I
don't want, at this point, to reiterate ah, some of the charges
which have been made against Mr. Manninen because he really would
be put, be putting himself in the position by repeating those
things of what's called self -defamation. Ah, suffice it to say,
that he has these rights. He has the opportunity to assert them.
Is entitled to have his rights protected. Um, and if necessary,
would be ready and willing and able to assert those rights in the
appropriate forum.
However, that is not what the purpose of this is tonight.
Several speakers have urged that the council take under
consideration ah, returning to ah, attempting to get this matter
resolved in an executive session. Ah, and ah, the further airing
of this kind of laundry in public, it has been said, is not
productive to the resolution of this issue and ah, as a result,
we would ask that you ah, take, seriously
to resolve this ah, this dispute in ah, in
Thank you. That's all I have.
Williams: Mr. ah...
Wilcox: Wilcox.
consider ah, attempting
a different way.
Williams: Mr. Wilcox. Correct me if I'm wrong. Did I hear you
ah, say that if, that you would like to see us go back into
executive session?
Wilcox: Yes. I think it would be a good idea. i, I...
Williams: Because you are representing Mr. Manninen, and because
you have chosen to doliver to us a very eloquent letter, let me
say, and ah, you have in fact, before us this evening, quoted
certain case law, I think it would be appropriate for our
attorney to respond at least to those points that he feels would
be appropriate and I do that for the general public's edification
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 15
as well. It's, it's, often times would be very, very helpful to
the general public if they had documentation and had the
materials that we often have here and I should reiterate to all
of you that materials that come to the council in packets of this
nature, are public information and they can be had by everyone
here that chooses to come by City Hall and pick it up. Very
seldom does anyone from the general public come by City Hall and
request information that we have in the packet. Ah, it would be
wonderful if they could. I just mentioned to the attorney, it's
too bad we couldn't have made five hundred copies of this and
passed it out throughout the neighborhood.
With that, I'll pass to the City Attorney to respond briefly.
Graves: I just wanted to respond briefly that ah, I suppose one
of the main issues that Mr. Wilcox and I disagree on, I don't
want to get into a "yes I do, no you don't" argument. I know you
don't want to either.
Our position is that, although Mr. Manninen claims Section 17(b)
of his contract gives him certain rights, Section 2(c) of the
agreement specifically states, "Nothing in this agreement shall
prevent, limit, or otherwise interfere with the right of the
council to terminate the services of the employee at any time,
subject only to the provision set forth in Section 3.1 of the
City Charter and Section 4 of the agreement." 3.1 of the Charter
is the termination provision under the City Charter which we are
following now and Section 4 under his employment agreement was
the $50,000 buy-out clause which expired July-31.
So the city's position is that nothing actually means nothing and
that ah, it is totally inconsistent for nothing something to mean
Section 17(b). So we respectfully disagree with Mr. Wilcox on
that position. That was contained in my letter, which was not
out with the general public. It was sent to the ah council
individually and a copy to you sir. And...
Wilcox: I did receive that.
Graves: Ah, I suppose now, I. I don't know if the council wants
to take up the request to go back into executive session or not.
That's not my decision.
Williams: I think that would be strictly a council decision at
this time, I'm going to go ahead and proceed with the public
KENAI CITY COUNCIL MEETING MINUTES
IV AUGUST ?, 1996
PAGE 16
hearing. The council can make a determination as we go along in
their own minds as to whether they feel another executive session
would be appropriate.
Graves: May I be excused.
Williams: Yes, please. Ah, is there anyone else from the
general public wishing to be heard.
Carol Hrenokle: My name is Carol Brenckle. I live in the City
of Kenai at 502 Hemlock, When I moved to Kenai about twelve
years ago, I came here by choice. I traveled down from Anchorage
with my son. We stayed at the Uptown Motel. We interviewed the
local parish priest. We took a tour of the town. And I made the
decision this is where I want to bring up my son. And I think,
ladies and gentlemen, it was a very wise decision.
As Mrs. Necessary has stated, her son is an Eagle Scout in Kenai.
So is mine and I could not have brought him up on my own without
the support and encouragement I received from the citizens of the
• City of Kenai and I suppose the reason I an here today is because
I an very concerned. Something has happened.
I look o--Yer there and I see All -American City, 1992. I was very,
very proud of all of you and proud of the city because we deserve
that award and do you know something? We still deserve that
award. I think its; healthy to have public comment. I think
it's healthy to have involvement on the part of the citizens of
Kenai. The residents of this ah, of this wonderful town. -And
what Mayor Williams said earlier was something that struck me
too.
The items that are on the agenda. The packets that the
councilmembers receive are all available to us as members of the
public. But how many of us take the opportunity to.become
involved with the government of our city. I have to -admit, to my
own embarrassment, that I've been too busy.
And I suppose I fault myself that this situation has occurred
because I was busy and because so many other members of this town
were too busy to become involved.
I thought I was a good citizen because I go to the election booth
and I cast my vote. But that's the extent of my input and I
apologize to the council and at the same time, I believe it's
. very important for the council to involve themselves with the
residents of the city that they represent. It would appear that
•
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 17
we're on two different waive lengths. _You have residents of the
City of council, ah Kenai, and you have members of the city
council. But that isn't a necessarily bad. It gives an
opportunity for dialogue and I think dialogue is healthy.
I think the City of Kenai can grow as a result of this. I see it
as an opportunity for us to develop the American ideals that our
country stands for: freedom of speech and due process.
I am in a position where I can't comment on whether what the
council is doing is right or whether it's wrong because, like Mr.
Navarre said, I do not (tape side end) (tape side begin) to make
a reasoned decision. I can say from what I read in the Peninsula
Clarion that you haven't convinced me personally.
I was very impressed by the letters to the editors that Mr.
Bannock and Mr. Measles wrote, Councilman Bannock and Measles.
Ah, I felt that they were attempting to inform us as perhaps you
have not. Um, through no fault of your own because I suppose
this is the way business is always done. But, I commend them for
their courage and I thank them for the information.
And now, what do we do? I'm concerned because I heard Mr.
Wilcox, who represents Mr. Manninen, and I heard Mr. Graves, who
represents the City of Kenai and I see in front of us further
divisiveness. I see litigation and ladies and gentlemen, I can
tell you that nobody wins in court. I know. I'm there
practically every day.
Even if you prevailed in a particular case, there are numerous,- -
numerous expenses not only financial, but emotion and I assure
you that if this case were to go to litigation, that the
divisiveness that we see perhaps tonight and that we hear on the
streets of Kenai, is going to continue. I don't want that
happen. I don't want that to happen to Kenai.
What I'm asking you to do is to request the assistance of perhaps
a mediator. Ah, council referred to arbitration. This isn't my
area of expertise. I don't know anything about it. But what we
need to do is we need to open dialogue. We need to avoid
problems that definitely will present themselves if we do not
resolve this situation.
And, so I thank you for giving me the opportunity to address you
and I encourage you to keep up the good work. Thank you.
Williams:
Is there anyone else, ah...Yes, Councilwoman Swarner.
• RBNAI CITY COUNCIL MSSTING MINUTES
AUGUST 71 1996
PAGE 18
swarner: Well, I'd just like to respond to,ah, Mrs. Brenckle's
comments. The reason that I haven't said very much about this is
because I did want to:protect the confidentiality of the --
executive sessions and of Mr. Manninen.um personal or records,
etcetera and I didn't want to air dirty laundry out in front of
everybody and I didn't want to be misconstrued because of what
could be printed or left out or misinterpreted and um, it's, I am
not being influenced by any other member of the council either or
the mayor ...inaudible...
Williams: Thank you. Is there anyone else from the general
public wishing to be heard? Anyone else? Now is the time to
tell us what's on your mind. Let us hear from you.
Art Couch: 'I set a little too long.. The thing that I wondered
about...
Williams: Name, name for the record, please.
. Couch: What was it?
Williams: Your name for the record please...
Couch: My name is Art Couch...
Williams: Thank you Mr. Couch,
Couch: I live at 1136 Walnut Street and I've been here since
1965 and there wasn't -much of'a town at that time.- There've been
a lot of improvements. _Some, I don't _think we_need# but anyway,
we've got 'en. But, the lady and gentlemen sitting here were,
were elected by the rest of us. And I.think this has caused
quite a stir and I don't like to see the man rushed out the door.
I don't know. .I know less about this than probably anybody here,
but, I meet the man every morning at the gym up there.and he's a
nice individual. 1 mean, I know a lot of people. I started
working with men when I was in the 30's and it don't take me long
to figure out a man. .
If.this man made mistakes, there's not a person in here that
hasn't made mistakes. But, it he's not a crook, why, I'll with
him, because I0ve made a few mistakes myself. Thank you.
KENAI CITY COUNCIL MEETING MINUTES
. AUGUST 71 1996
PAGE 19
I've heard is in favor of Mr. Manninen, mostly. Ah, so where's
all the others that are in favor of the release. It seems its
one-sided right here.
Um, I have just ah, been denoted from a position where we know,
my husband and I. that has power surges and if you don't go along
with those power surges, you're out. And so, that's my concern
here tonight that ah, we need to look this over and give a fair
deal.
Williams: Thank you Mrs. Goggia.
Kenna Meeks: Kenna Meeks, 610 Westwood, Kenai. I've lived here
since 1977. I'm a city employee. I'd like the council to know
that I support you in your decision of what you're trying to do.
Thank you.
Williams: Is there anyone else from the general public wishing
to be heard?
• Susan eiukley: My name is Susan Binkley. 416 McCollum and I'd
like to say that I'm an.ex-employee of the city and I support the
council one hundred percent in everything that um, you're trying
to do. Thank you.
Williams: Anyone else from the general public wishing to be
heard? Anyone at all that has anything at all that they would
like to bring before the council regarding this matter, please
feel free to do -so now.
Pause...
If I might address...is there anyone from the general public
wishing to be heard at all on this issue before I address the
council? All right. If I might address the council for just a
moment with your consideration of what'I an about to say.
There is one possibility that if we go back into executive
session, we may be able to come to an agreement.. The greatest
detriment to this whole thing at this point is that we have been
unable to agree upon a severance package for Mr. Manninen.
Ah, the severance package has been discussed.- That was our main
object in discussion. We came close a couple times. We got way
IS apart a couple times. There is a possibility that we might be
able to go back one more time and discuss it. Is council willing.
to do that?
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 20
Yes, Councilwoman Swarner?
Swarner: May I ask a question about it?
Williams: Yes.
Swarner: Is it substantially different from what it was when we
left the table?
Williams: It is somewhere kind of in between.
Swarner: Because if it's going to be something added, I'm not
interested.
Williams: No, no. I can, at least, I'm hearing, that there is
nothing being added. There is a possibility we might be able to
come in on this. Now, Councilman Bannock.
Bannock: Mr. Mayor to hear any available option, I would move
that we move into executive session for a.pericd of time to not
exceed fifteen minutes. I would ask the city members, members of
the Kenai City Council, the Mayor, Mr. Graves, Mr. Manninen and
Mr. Wilcox attend.
Williams: Does council have any objections?
Swarner: And we'd be back here by ten o'clock.
Bannock: Fifteen minutes, I'm sorry, and ah...
Williams: All right. Is there any...
Bannock: ...Mr. Dan Morris.
Williams: ...objections from any of the council members?
Smalley: I don't have an objection. I just have a question
since we have a motion on the table.
Williams: Yes.
Smalley: ...and we now have another secondary motion.
Williams: Yes.
Smalley: Protocol, Mr. Attorney. What do we do?
• KBNAI CITY COUNCIL ADBETING MINUTES
AUGUST 7, 1996
PAGE 21
C7
Graves: Well, if therefs a question, there could be a quick
motion to table until after the executive session and that would
clarify if there is any dispute to parliamentary issue.
Smalley. So moved.
Williams: All right. Thereto been a motion to table until after
the executive session the question before us of the removal of
the city manager. Is there a second?
Bookey: Second.
Williams: Motion to table is non -debatable. We now move to they
question of the executive session. May I have the motion again
for the record?
Bannock: Mr. Mayor, I move that the city council members, the
mayor, the Acting City Manager Mr. Morris, ah, the City Attorney,
Mr. Manninen and Mr. Manninen"s attorney, Mr. Wilcox convene in
executive session for a period of time not -to -exceed ten o'clock.
Williams: All right. Now let me assure the general public that
as soon as we come out of this executive session, if there are
positive results of that executive session, you will hear them as
soon as we come back. If everybody•s agreeable...
Bannock: Or if there isn"t, you will hear.
Williams: All right.
HRBAR FOR EXECUTIVE SEBOXON: 9:43 P.Xe
BACK TO ORDER: 9859 P.M.
Williams: Bring the regular Kenai City Council meeting back to
order. The Chair will entertain a motion to remove from the
table the order of business ah, we were in prior to the request
for the executive session.
Measles: So moved.
Swarner: Don•t we have to have the report of the executive
session first?
Measles: No until we have the business back from the table.
Swarner: All right.
KffiJAI CITY
AUGUST 7,
PAGE 22
COUNCIL MEETING MINUTES
1996
Williams: All right, is there a second.
Swarner: Second.
Williams: All right. Is there any objection? Seeing none, the
order of business under the prior public hearing is now back
before us. Councilman Measles, do you have a report?
Measles: in the ah, last executive session, the City Council and
City Manager Tom Manninen did come to an agreement on a severance
package which, I believe, at the moment is being drawn up with
the two attorneys ah, for final approval by the council later in
this meeting. Severance involves the $65,000 payment to Mr.
Manninen for personal injury and a letter ah, of no fault, ah,
and recommendation to be issued by the council. .
Williams: All right, is there any discussion from council
regarding the issue before us at this time? All right, seeing no
discussion before the council, ah, I'm going to close the public
hearing. Bring this matter back to the council. Ask that motion
be placed on the table with regard to Mr. Manninen. Let's see,
we have a motion at the present. Ah, I think that motion needs
to be...
Smalley: Would it be appropriate to amend the motion to add the
severance agreement because we're still going to be removing him.
Williams: The problem we face is that if we add the severance
agreement, we won't, be able to take the vote until after -we see
the agreement and read it...finaudible)._..We can continue on with
the rest of the business that we have before us while the
agreements are being drawn if council would care to do it that
way.
Bookey: So you need to table this motion at this time?
Williams: Well, what we would do is accept the amendment to the
motion now. Vote on the amendment. Table the entire motion for
the attorneys to draft the agreements with. Let us proceed with
the evening's business. Ah, all right. The Chair will then
entertain a motion for an amendment to the motion that's before
use
Swarner: And it's tabled, right? So we have to take it off the
table. I move to remove the previous motion regarding Mr.
Manninen off the table...
. ICENAI CITY COUNCIL MBETING MINUTES
AUGUST 7, 1996
PAGE 23
Smalley: Second.
Measles: It's already been done.
Bannock: It's already been done.
Measles: It's already been done.
Williams: Yes, Councilman Measles.
Measles: Could we have someone read the original motion. That's
been too long ago.
Smalley: The original motion was...Under Section 3-1, Article B
of the City Charter, I move to permanently remove the city
manager, Mr. Tom Manninen, from office, effective immediately.
Williams: And who seconded it?
Measles: I would move to amend that motion to add, "per the
• terms of the severance agreement."
Williams: Is there a second to the amendment?
Swarner: Second.
Williams: All right. We have a motion to amend the original
motion to include the terminology of the severance agreements
there further discussion? - Seeing no further discussion then,
Clerk will call the roll on the amendment.
Freas: Bannock?
Bannock: Yes.
Freas: Smalley?
Smalley: Yes.
Freas: Williams?
Williams: Yes.
Freas: Bookey?
is Bookey: Yes.
is
the
KENAI CITY COUNCIL MEETING MINUTES
• AUGUST 7, 1996
PAGE 24
Freas: Swarner?
Swarner: Yes,
Freas: Moore?
Moore: Yes,
Freas: Measles?
Measles: Yes,
Williams: All right, the Chair will now, the motion and the
amendment passes or the amendment to the motion passes. And the
Chair will now entertain a motion to table once again the entire
issue. Councilman Measles.
Neasles: I would move to table the motion to a point later in
the meeting ah such a time as the attorneys have the agreement
drafted.
Bookey/Smalley: Second.
Williams: The motion is to table. It's non -debatable. Is there
any objection? Seeing no objection, the motion's tabled.
We'll now...
Measles: Short break.
Williams: ...short break. Let's take a short break that we can
enjoy for a change.
End of verbntim.
BREARt 10:05 P.M.
BACK TO ORDER: 10:21 P.M.
C-2. Ordinance No. 1706-96 - Increasing Estimated Revenues
and Appropriations by $200 in the General Fund for
Plantings, Shrubbery, and Flowers.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1708--96
and Councilwoman Swarner 83MUDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 25
-There were no public comments. Councilman Moore noted it was
_late for planting flowers. Parks & Recreation Director Frates
answered, the money would be used for some shrubs and they could
still be planted.
VOWE t
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTion PASSED MWIMOUSLY.
C-3. ordinance No. 1710-96 - Increasing Estimated Revenues
and Appropriations by $15,000 in the Airport Land
Special Revenue Fund for Installation of Air
Conditioners in the Flight Service Station Building,
C-3a. Motion for Introduction
MOTION:
Councilman Measles MOVED for introduction of Ordinance No. 1710-
96 and Councilwoman Swarner SECONDED the motion. There were no
objections. 80 ORDERED.
Councilman Bannock asked if the air conditioners were being
replaced. Kornelis answered no. Bannock asked if the air
conditioners should have been included in the original design of
the building. Williams answered, they were probably being_placed
due to the hot weather and needs of the equipment. The FAA would
be paying for the equipment.
C-3b. Motion for second Reading (Requires a unanimous vote)
MOTIONS
Councilman Measles MOVED for the second reading of Ordinance No.
1710-96 and requested DNANIN098 CONSENT. Councilwoman Swarner
SECONDED the motion. There were no objections. 80 ORDERED.
C-3a. Motion for Adoption
NOTIONS
Councilwoman Measles MOVED for adoption of Ordinance No. 1710-96.
and Councilwoman Swarner SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 26
There were no public or council comments.
VOTES
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
C-4. Resolution No. 96-57 - Providing for Submission to the
Qualified Voters of the City of Kenai at the General
Election to be Held in the City of Kenai on October 1,
1996, the Question of Issuing General Obligation Bonds
or Otherwise Incurring Debt in an Amount Not to Exceed
$21500,000 to Provide a Portion of the Funds Necessary
to Construct an Addition to the City of Kenai Community
Library.
MOTIONS
Councilman Moore MOVED for approval of Resolution No. 96-57 and
Councilwoman Swarner SECONDED the motion.
Bob Peters - Mr. Peters, Chair of the Library Commission,
informed council the Commission submitted the report to them
which was included in their packets. The report included a
survey of patrons of the library and the needs. He further
explained, the Commission set a subcommittee (Library Expansion
Committee) to review the report and from that, the need for the
expansion, size, areas, etc. were determined.
Vince O'Reilly - O'Reilly reviewed the report with council. He
was the chair of the Expansion Committee. O'Reilly reported the
physical condition of the library was excellent. The library is
used extensively and is served adequately by dedicated
professionals and volunteers.
O'Reilly added, the library was also a valuable asset to the
city. The survey was taken of patrons, compared their findings
with other library facilities, etc. Altogether, approximately
650 hours were put into the effort. The Committee also did a
physical inventory of the library. The Committee identified over
35 different usage areas and 66% were found to be minimal or not
sufficient for current library collections and services, i.e.
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 27
areas of the present library were not in compliance with the ADA
requirements and research/study and computer terminal sites did.
not meet the Privacy Act standards.
OfReilly reported the recommendations of the Library Commission
were to upgrade the facility to meet current space shortages;
bring the library facility up to Disability Act of 1994
standards; restructure new children0s section to accommodate
increased programs, attendance, a parent reading area, and
isolate this area from the research/study areas; establish a
separate juvenile section; and, relocate non-fiction stacks,
reference materials, and computer terminals to create -an
efficient and functional research/study area, as well as meeting
federal Privacy Act regulations.
The estimated cost of the expansion was $2,500,000. The size of
the expansion was set at approximately 16,000 sq. ft. The
Friends of the Library had started a way to garner public support
of the expansion. The Commission requested funding from council
and appreciated the council's support if bonding was the route
selected to pay for the expansion.
Mayor Williams added, he appreciated the efforts of the
Commission and Expansion Committee, as well as the history of the
library written by Nedra Evenson.
Bob Peters - Mr. Peters commented as a citizen of the city and
noted there were 11 people in the audience who were in support of
the library expansion, but maybe not in favor of the bond issue.
He also noted the city saved money in staffing.due to the.number
of volunteers. However, the volunteers were decreasing because
of the lack of work space. He would like to see the city not
bond, and build the addition from the General Fund.
Carol Brenakle - Brenckle agreed the library was in need of an
expansion and added, what was more exciting was why it was
needed. Brencltle stated the younger population was growing and
the library needed to meet the needs of the youth. The juvenile
section would be increased and would make it possible for the
younger community to meet there instead of the mall, etc. The
report noted the juvenile books had increased year after year.
She requested council's approval of the resolution for the people
of Kenai.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 28
Lynn McNamara - Nikiski. McNamara reported she was involved in
education for fifteen years and was now the Librarian at the
Nikiski Jr/Senior High School and was also a member of the
Friends of the Library.
McNamara stated she believed the Kenai Library was an asset to
Kenai and the surrounding areas and hoped the council would
approve the resolution to put the question to a vote of the
people. She also requAsted the council review the information in
the report. She added, people were drawn to serve as volunteers
at the library because of its great value.
Mayor Williams explained the city was now on the world wide web
and was making available on the web, the council agendas, as well
as the Planning & Zoning Commission agendas. Also, resolutions
and ordinances were included as information on the web site.
MOTION TO AMEND:
Councilman Smalley MOVED to amend Resolution No. 96-57 to correct
typographical errors on the first page, Section 1, line 6,
changing 1,600.sq. ft. to 16,000 sq. ft. and on the back of page
1, line 12 of the proposition, changing 1,600 sq. ft. t9 16,000
sq. ft. Councilwoman Swarner SECONDED the motion. Theta were no
objections. 00 ORDERED.
Councilman Bannock asked what was the relationship of the Friends
of the Library to the Library Commission and the Expansion
Committee. Peters explained the Expansion -Committee was a
subcommittee of the Library -Commission. Librarian DeForest.
explained the Friends of the Library was a non-profit arm of the
library used for fund raising. The Friends had no appointments
by the city in any way. Some of the members of the subcommittee
were members of the Friends. Peters added, the Friends help
raise thousands of dollars every year to purchase books for the
library.
Councilman Bookey thanked the Commission, subcommittee and
Friends for their work on the report. He added, because a
similar proposition was taken to the voters last year and was
voted down, he did not think it was right to put it out again
this year.
Councilman Measles stated his concern of the "portion of funding"
wording included in the proposition. DeForest explained Attorney
Graves had discussed the same concern (of the Commission) with
the bond counsel who felt "a portion" was needed in the
• ICENAI CITY COUAiCIL 1A88TING MINUTES
AUGUST 7t 1996
PAGE 29
proposition. This would allow the city/library to accept grants
from other people, etc. for the expansion. It didnit mean more
money would be needed -from the city to complete the expansion.
Councilman Bannock stated he agreed with Councilman Bookey. He
was not in favor of the bonding for the expansion, but was in
favor for the question to go to the people for a vote. Smalley
stated he agreed the library was one of the better things to have
happen to the.city.
VOTE:
Bannock:
Yes
Bookey:
No
Measles:
Yes
NOTION GASSED.
Smalley: Yes
Suarner: Yes
C-4a. Retention of Bond Counsel
MOTION:
Williams: Yes
Moore: Yes
Councilman Smalley MOVED for .authority to hire the bond counsel
and Councilman Measles SECONDED the motion.
Measles asked if bond counsel was needed to be hired at this
time. Clerk Freas explained the bond counsel had already
reviewed the resolution, sent information as to what
certificatiahs-'would be -needed, when notices needed to be
advertised*. etc.___Williams added,.. Attorney Graves.. had told him_.
the approximate cost for retainage of the counsel and there was
already money included in his budget that would cover the cost.
VOTE:
There were no objections. SO ORDERED.
C-S. Resolution No. 96-59 - Transferring $7,500 in the
General and Water and Sewer Funds for Lease of'a Phone
System and Purchase of a Phone Message Recorder.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-58 and
Councilwoman Swarner SECONDED the motion.
a
MAX CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 30
There were no public comments. Councilman Bannock noted that
during budget discussions, Administration was requested to look
into advantages/disadvantages of leasing instead of buying. He
asked if that had been done and if so, what was the difference.
Public Works Director Kornelis explained they had investigated
leasing instead of purchase. Purchase would cost $9,714.50 and
leasing would cost $1,500 a year, including installation. If the
system was leased for the first year, a credit would be given if
it was subsequently purchased.
Bannock asked if he knew what the purchase price would be if
leased first and then purchased later. Kornelis answered no.
MOTIONS
Councilman Bannock MOVED to table Resolution No. 96-58 and
Councilman Bookey BECONDBD the motion.
Smalley asked what the necessity was for the new system.
Kornelis explained the present phone system was falling apart.
The funding was budgeted but had been put in the wrong account.
The resolution would move the funds into the correct account.
VOTN ON TABLING $
Bannock: Yes Smalley: No Williams: No
Bookey: Yes Swarner: No Moore: No
Measles: Yes
MOTION VAILED.
Williams asked how much was budgeted. Acting Finance Director
Feltman answered, the amount was budgeted, however, it was
included in the wrong account. The funding.had been placed.in.an
asset account. It is a line item in the budget.
Kornelis explained the new system would be placed in the
maintenance, streets, crew building, water/sewer storage building
-- the whole complex. He added, much of the present wiring.had
been placed with staples and add-ons. Another line would be
needed for the SCADA System. The'new phone system would be under
the budgeted amount.
• KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 31
$1,800 installation fee). Swarner asked if they were the phones
that parts could no longer be gotten for repairs. Kornelis
answered yes and added, the -new system would be similar to the,
one at City Hall. Swarner stated she thought the system should
be leased for a year. Kornelis added, they would be purchasing a
message recorder also.
Measles asked what would happen after the ten months ended.
Kornelis explained they would evaluate whether to continue the
lease or purchase the system similar to that done for the City
Hall and Police/Fire Department systems. The cost of the lease
goes toward the payment.
Bookey asked if most calls go through City Hall. Kornelis stated
no. Freas added, when calls came to city hall, the caller was
given the number to call directly. Kornelis stated they would
add a phone in the warm storage building and the system would
have an intercom on it also.
. MOTION TO TABLES
Councilman Measles MOVED to table the item until the next regular
City Council meeting. Councilman Bookey SECONDED the motion.
VOTE:
Bannock: Yes Smalley: No Williams: Yes
Bookey: Yes Swarner: No Moore: Yes
Measles: Yes _.
MOTION PASSED.
Kornelis was requested to investigate the purchase cost after
lease, etc% for the next meeting.
C-6. Resolution No. 96-59 - Transferring $14,283.00 in the
Water and Sewer Special Revenue Fund for Purchase of a
Hydro Jet Sewer Cleaning Unit,
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-59 and
Councilman Measles SECONDED the motion.
0
KENAI CITY
AUGUST 7,
PAGE 32
COUNCIL MEETING MINUTES
1996
There were no public comments. it was explained the item was
budgeted for at a cost of $30,000 but the lowest basic bid
received was $44,283. There was money in contingency that could
be transferred to cover the cost.
Bookey asked why the item was under -budgeted? He added, it was
Administration's responsibility to present viable numbers for
council to review. He stated he did not think Administration was
doing their program.
Kornelis explained the water/sewer foreman called for a quote and
was given $30,000 and that was what had been approved in the
budget. The item went to competitive bid for the same unit and
the prices received varied. They could purchase a smaller (3/4").
unit. Parts were no longer available for the present unit. They
could get by with the smaller unit.
Bannock noted the additive alternate included costs for pre-
delivery.and inspection and asked if these were important itemr
and required. Kornelis answered, those items were for training
the employee at the factory. He did not rE.ommend including the
additive alternate in order to save money. For the cost, he .
didn't think it was necessary. He added, he didn't expect the
unit to be that expensive.
VOTE:
Bannock: Yes Smalley: Yes Williams: No
Bookey: No Swarner: No Moore: Yes
Measles: Yes
NOTION PASSED.
C-7. Resolution No. 96-60 - Awarding a Contract to Sewer
Equipment Company of America for Furnishing a Hydro Jet
Sewer Cleaning Unit, Model 747-F, for the Total. Amount
of $44,283.000 Which Excludes the Additive Alternate.
NOTION $
Councilman Smalley MOVED for adoption. of Resolution No. 96-60 and
Councilman Bannock BECONDED the motion.
There were no public comments. Councilman Smalley he was
concerned that the item was 50% over budget. He asked what
•
r�
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 33
control the city had in regard to prices used for budgeting
purchases and the end result of the bid coming in over the
budgeted amount.
Swarner asked Kornelis if the lifetime of the smaller unit the
same as the larger unit. Would it last the same number of years?
Kornelis answered, yes, however, the one -inch unit would be more
powerful and probably would do a better job.
Bookey stated he was concerned with the $14,000 difference. He
suggested, when requesting prices, that more than one supplier be
called. The bid amount should be clossr to the budgeted amount.
He would have liked the budgeted amount to be over instead of
$14,000 under.
Measles asked Kornelis what was the size of the present unit and
Kornelis answered 3/411. Measles asked if there had been a need
for the larger unit. Kornelis stated it would have been helpful.
Measles asked if, when the call for a price was made, was the
price requested for a one -inch or 3/4" unit. Kornelis answered
he believed for the one -inch unit. Measles suggested responses
from vendors (for budgeting) be received in writing. Kornelis
stated he did not know if that was done. Most of the quotes they
receive are only good for thirty days. Measles stated the price
would not go up 50% because it was 60 days instead of 30 days.
VOTE:
Bannock: Yes Smalley: Yes Williams: No
Bookey: No Swarner: No Moore: Yes.
Measles: Yes
MOTION PABBED.
D-i. Council on Aging
Councilwoman Swarner reported there would be a meeting on August
19 and they would be discussing the 25th anniversary of the
Center. They will be holding a barbecue to celebrate the
anniversary on September 14 from 4:00 p.m. an 7:00 p.m. and
council was invited. Swarner presented each councilmember with a
commemorative poster.
•
C�
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 34
D-Z. Airport Commission
Councilman Measles reported the Commission would meet on August
S. Williams noted the application for placement on the
Commission from Mr. Munson which was included in the packet.
Upon discussion, it was noted the seat available was designated
for a FAA representative. Williams requested a letter be sent to
Mr. Munson informing him the application would be kept on file
for future reference. Airport Manager Ernst reported he was
aware of two applications that would be forthcoming from FAA
representatives.
D-3. Harbor commission
Councilman Bookey reported the next meeting was scheduled for
August 12. He would be out of town and requested another
councilmember to attend for him. Williams stated he would attend
in Bookey's place.
D-4. Library Commission
Councilman Moore reported the minutes were included in.the
packet. He was unable to attend the meeting. Librarian DeForest
reported the Emerald City Getaway kick-off would take place on
Friday from 5:00 to 7:00 p.m. This activity was organized by the
Friends as a fund raiser for the library expansion.
D-5. Parke i Recreation commission
Councilman Bannock reported no meeting was held due to a lack of
quorum.
D-6. Planning i Zoning Commission
Councilman Smalley reported on actions taken by the Planning &
Zoning Commission during their meeting of July 24. Smalley also
noted the minutes of the meeting were included in the packet.
Smalley reported an encroachment permit was approved and a
landscape site plan was approved for a new business. There was a
lot of discussion in regard to the reconsideration of the
proposed Prime Residential Zone. It was not approved. He also
reported the Commission discussed the sign code ordinance and
requested Attorney Graves to continue with the steps of reviewing
it as he had suggested.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 35
Smalley added, the Commission also discussed the development on
James Street (interesting proposed four-plex).. He added, he
again mentioned to the Commission that one of the things
discussed by council was that the city did not require .
professional plans. It was a concern that wouldn't go away.
D-7. Miscellaneous Commissions and Committees
D-7a, Beautification Committee
Councilwoman Swarner reported a meeting was held on Tuesday.
They requested council's opinion to have banners designed for
next summer. Some members of the Committee had discussed the
possibility of the Art Guild holding a design contest. The
Committee wanted to know if the council would put any monetary
funds toward a contest prize.
Smalley asked if this was done in the past. Swarner answered
this might be the first time. Smalley asked if there was a big
hurry to decide and suggested the art teacher at KCHS be
contacted as there were some very gifted students that might be
interested in such a project.
Frates reported a local business making the banners would cost
approximately $130 per banner. Commercially, they cost from
$300-400 each. Swarner reported no funding was budgeted for
banners during the budget hearings.
Williams noted, with the upgrade of -the highway, there would-be --
now street lights placed. He asked if the city's.banner brackets_
had been removed from the old street lights. Kornelis answered
yes, the city crews were removing them.
Swarner was requested to bring back more information at a later
date.
D-7b. Historic Distriat Board °
No quorum. No report.
D-7a. Challenger steering Committee
Bannock reported the committee was ready to produce the Articles
of Incorporation. They were some concerns about the bows and
wherefores. He was asked if he would like to be a board member
• of the Challenger Learning Center, however he had only been
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 36
involved due to being a councilmember. Bannock stated he would
like to be appointed to the Board if the council approved.
Smalley asked if it would be appropriate for Bannock to be on the
Board of Directors and a councilmember. As a liaison for
council, he thought was acceptable, but was not sure it would be
appropriate for him to be a board member.
Kathy Scott - 1310 Chinook Street. Scott reported the Articles
of Incorporation needed to be finalized in order to get their
non-profit status. They had to show a board of directors. When
the by-laws were organized, the structure would be defined and
the board memberst names could change.
Bannock stated he would like to go ahead as an interim board of
director. It would then come back for council review. The
permanent board would be defined and made through the by-laws.
Smalley stated he would like City Attorney Graves to render an
• opinion as to the appropriateness of Bannock being on the board
of directors, whether interim or not.
There were no objections.
D-7d. Kenai visitors i Convention Bureau Board
Councilman Bookey reported there were no minutes included in the
packet. He believed the next meeting was scheduled for August 12
and would not be able to attend. He requested another
councilmember attend in his place.
8-1. Regular Meeting of July 17, i996.
Approved by consent agenda.
None.
Y !! I Q t OLD DURIN88
• a-i. Discussion - Ordinance No. 1704-96/Consideration to
Remove from Table.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 37
Councilman Measles suggested that if council did not wart to
override the Planning & Zoning Commission's recommendations, the
ordinance should remain tabled. There were no objections.
0-2. Discussion - Kenai Visitors & Cultural Center/Speed
Bumps.
Kornelis referred to the information included in the packet. He
stated the price given by Quality Asphalt was the same as the
last time they placed speed bumps at the Visitors Center parking
lot. Quality Asphalt recommended four -inch high bumps.
Kornelis referred to the information in regard to the portable
bumps and noted the anchoring would make holes in the asphalt.
Bookey noted the other side of that concern was how long the
bumps would last with the snow graders knocking them off.
Kornelis added, they also recommended painting the bumps yellow
as done at the new Mapco station.
• Shirley Roberts - Suggested making the entrance by the Chamber
and the exit at the street (making it one-way).
Bookey stated he thought that would defeat the purpose. Smalley
stated he supported putting in the speed bumps (two foot by 3"
high) as they would get the attention of the users. Bookey
recommended going with Quality Asphalt and the 411 bumps.
Williams suggested engineering look at which type bump would be
better, i.e. the 3" or 411.
NOTIONS
Councilwoman Swarner MOVED that they put in speed bumps as
recommended by Quality Asphalt, at least 4" and do it as soon as
possible. Councilman Smalley SECONDED the motion. There were no
objections. SO ORDERED.
0-3. Discussion - Mission Street/Cherrier Right -of -Way.
Kornelis reviewed the information included in the packet. He
explained Cherrier requested the land he owned adjacent to the
Mission Street project be paved in exchange for the right-of-way.
Council wanted to know the fair market value of the property.
The property was appraised and fair market value was listed As
$8,600. Kornelis added, he sent a copy of the appraisal to
Cherrier and requested a response. Cherrier responded and stated
• they did not want the city to pay them for the right-of-way.
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 38
They wanted to exchange the property for the improvements.
Kornelis added, the city really needed the right-of-way to
complete the project.
Kornelis continued saying the
the property and take it, or
which would be a cost to the
$15,000.
MOTION:
city had two options (1) condemn
(2) pave what has been requested
city of approximately $10,000-
Councilman Smalley MOVED for the City of Kenai to proceed with
eminent domain and take the property. Councilwoman Swarner
BECONDED the motion.
Bookey asked Kornelis if in discussions, would this be the only
way to complete the project. Kornelis answered he thought so.
He added, he was really surprised by the response as the city
would be improving their property with the paving as it would cut
down the dust, etc. in front of their apartments.
Bookey asked Kornelis if he thought Administration had done
everything it could to take care of the problem without going
through eminent domain proceedings. Kornelis suggested the city
could offer to pave the street in front of Cherrier's parking
lot, but not the parking lot itself as it was not city property.
Smalley suggested the motion be to proceed with the steps and if
needing to be filed as an eminent domain action, then do it.- -Hw
added, if Kornelis wanted to try one more time, he approved,_as
long as there was no additional cost to the city.
Bookey stated he was not comfortable with paving the other end of
the road. He added, what Cherrier was asking for was completely
disconnected from the city's project.
Williams suggested some consideration should be given to the cost
involved. $8,600 was set as fair market value of the property.
Paving it would cost the city approximately $10,000-$15,000. It
could be paved from the general treasury. The difference between
fair market value the city would have to pay and the cost of
paving was not great. He felt it was a policy decision.
Williams asked how large the parking lot was. Kornelis answered
it was approximately 3,000 sq. ft.
Measles stated his concern that a precedent would be set if the
city would pave a private parking lot for any reason. If it
• RENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 39
•
would be $6,000 worth of paving, why wouldn't Cherrier accept the
fair market value and pave the lot himself. Measles asked if the
street was also private property. Kornelis answered no.
Kornelis suggested a possible compromise. He said he was
uncomfortable to pave private property, but could, reluctantly,
pave the road in front of the apartments in exchange for the
right-of-way. Pave the street and not the parking lot for giving
up 3,822 sq. ft. of the right-of-way.
Bannock asked if Kornelis had an estimate of the cost of the
property the Church and Arness gave up. Kornelis answered
$2.25/sq. ft. for the Arness property, however he did not ask for
any payment for the property. Bannock stated the city had
negotiated in good fakth with Cherrier and Cherrier is holding up
the project. He added, he thought the paving project should stop
where it comes impeded with the Cherrier property.
Williams stated he didn't want to stop the project. He thought
Kornelis should ask Cherrier one more time, offering to pave in
front of the apartments, but not the parking lot. Kornelis
stated he would try. Bookey stated, if he didn't, they could
then follow through with Smalley's motion.
No action was taken on the motion.
6-4. Discussion - North Kenai River Mouth - Dunes Project.
Williams referred to the information included in the packet from
Kornelis in regard to a plan for the dunes project. Kornelis .
noted the letter he had received from the State requested plans
and a line -item budget to be submitted by the end of the week.
The proposed project included three boardwalks, from Kenai Avenue
through the dunes and a stairway down to the beach from the North
Forest Drive lookout. (Another) Cherrier has offered to donate
concrete piling to go along Kenai Avenue which would create a
formidable barrier to keep people from driving onto the dunes.
The boardwalks would be for pedestrian traffic only and there
would be a drop-off and turnaround at the end of Kenai Avenue.
Signage would also be placed and a tow company could be on
consignment and stationed at the beach in order to tow people
from parking where they would not be allowed to park. The grant
would pay for the stairway, piling placement and the boardwalk.
He applied for a Corps permit to enlarge the parking lot at the
end of South Spruce which would make it four times larger.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 40
Williams suggested users (dipnet fishing, etc.) would be glad to
pay a parking fee if the facility was available. Swarner asked
if there was no gate, how much trouble would it be for the Police
Department to have cars towed. Williams suggested a concession
could be arranged to have parking fees taken and towing done.
Bookey stated he was concerned about placing large concrete
piling. He asked Kornelis if he had another idea. Kornelis
stated, from what he understood, the pilings were in the way of
the one donating them and he wanted to get them out of the way.
Kornelis assured council the Cherrier who offered to donate the
pilings was a different Cherrier from the one wanting the paving
in the previous discussion.
Bannock stated he thought Items 2, 31 4 and the paid parking were
outstanding ideas. He added, with proper enforcement, people
wouldn't be driving over the dunes.
NOTION:
• Councilman Smalley MOVED for Administration to continue with the
design as presented and Councilman Bookey SECONDED the motion.
There were no objections.
ITEM $: ME BUO MESS
8-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilman Bookey
SECONDED the motion. There were no objections. 00 ORDERED.
H-2. Purchase Orders Euaeeding $2,500
MOTION:
Councilman Smalley MOVED for approval of the purchase orders
exceeding $2,500 and Councilwoman Swarner SECONDED the motion.
Swarner stated her concern they were approving the purchase of
another restroom. She stated, unless it would be better
inspected than the one on the greenstrip, she did not want to
approve it. The doors didn't close in the women"s side of the
. restroom, etc.
•
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 41
Frates reported that after the restroom was originally built
there were some problems. However, it was the matter of getting
an inspector to make sure the contractor completed the project.
Repairs had been made, i.e. the doors close and the photo-
sensitive flushers had been replaced. Frates added, the new
restroom would not have the same type of partitions -- they would
be concrete.
Acting Finance Director Feltman added, there was $30,000 from the
last fiscal year and the purchase order came to $29,000. $201000
more was placed in the FY97 budget to complete the project.
MOTION=
Councilman Smalley MOVED amend H-2 by removing the purchase order
to PTI for the phone system. Councilman Bannock SECONDED the
motion. There were no objections. SO ORDERED.
VOTE ON MAIN AMENDED MORIONs
There were no objections. 00 ORDERED.
Williams arcked where the restroom would be placed at Municipal
Park. Frates answered it would be place right along the side of
the street behind the Municipal Park sign. Williams asked what
the concrete pad would be used for fat the far end). Frates
answered, for a basketball court.
8-3. Ordinance No. 1709-96 - Increasing Estimated Revenues
and Appropriations by $150 in the General Fund for
Fertilizer and Gardening Supplies.
Introduced by consent agenda.
H-4. Ordinance No. 1711-96 - Increasing Estimated Revenues
and Appropriations by $490,000 in a New Capital Project
Fund Entitled "Kenai A.R.F.F. Project."
Introduced by consent agenda.
R-5. Ordinance No. 1712-96 - Increasing Estimated Revenues
and Appropriations k+y $20,000 in the Parks Restroom
Capital Project Fund for a Restroom at the Kenai
Municipal Park on Forest Drive.
Introduced by consent agenda.
• ICBNAI CITY COUNCIL MSETING MINUTES
AUGUST 7, 1996
PAGE 42
•
•
azze wrya slssiQN - None at this time.
Williams: Okay, that brings us to administration reports. I.
think at this time, ah, with council's permission, we'll adjust
the agenda just briefly to take care of a discussion involving
the ah, the agreement ah, between the council and Mr. Manninen.
(inaudible) no objection.
Smalley: Ah, I guess we need to remove from table, �s that
correct?
Williams: Yeah, yeah. We'll just go ahead and make the motion.
Smalley: Move to remove from table Item C-1.
Swarner: Second.
Williams: Okay, motion to remove from table. Any objections?
Seeing none, let's remove it from the table and take a look at
it.
Pause while council reviewed the proposed agreement.
Williams: Council, we have before us the ah, the amended motion
as ah, presented earlier by Councilman Smalley and it has -been -on --
the -table and has since been removed. You have before you the
agreement that has been drafted with the cooperation of both
attorneys and apparently has the agreement of Mr. Manninen. At
this time I'd call for some discussion, ah, with regard to the
agreement if you care to or the Chair will entertain a call for
the vote on the amended motion. Councilman Measles.
Measles: I would just like for the benefit of the record that
ah, the two attorneys and Mr. Manninen state that they are in
agreement with the way this is read.
Williams: All right. For the record, Mr. Wilcox, Mr. Manninen,
are you in agreement with this agreement?
Wilcox: Ah, we have discussed that with ah, Mr. Graves and this
is our mutual product that we are in agreement with ah, to be
submitted. Yes.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 43
Williams: Mr. Graves, as the city attorney, are you in agreement
with the agreement as it's drafted?
Graves: Yea.
Williams: All right, then for the record, let it show that the
parties involved in the drafting of this agreement are all in
agreement of its content. Councilman Smalley.
Smalley: And in that agreement, we would agree that it, it's
either the seventh or are we going to change it to the eighth
because this document reflects the seventh.
Wilcox: We'd, we'd agree that just writing the eighth in at the
beginning of the document over there, just hand -write it in.
Williams: Okay. So, for the record then, there has been an
agreement to hand write the date of the eighth into the
agreement. All right. Further considerations of the council?
• Further considerations. Is the council ready for the vote?
Councilman Measles,
Measles: Just a couple of comments if I could. The original
motion that was before us tonight, I could not have supported.
Ah, but because of a sincere desire on part of all parties, Mr.
Manninen, city council, citizens that were before us tonight, to
get this issue resolved, ah... Nobody really got what they
wanted out of this.- Mr: Manninen didn-'t get -what he wanted.
Individual councilmembers didn't. The citizens of Kenai didn't
regardless of which side they're on. Nobody got what they
wanted. But, we did come to an agreement that is satisfactory
with all parties and hopefully, we can all get this issue behind
us and we can all go on with our lives and the jobs that we •.sere
elected to do as councilmembers. Mr. Manninen can go on with his
life and it's been a long haul and hopefully it's over for the
best for everybody and I will support it as it stands now.
Williams: Thank you. Further discussions from any of the
councilmembers. Is the council ready for the vote? Council
understands the vote? The Clerk will call the roll for the
record.
Freas: Bannock?
Bannock: Very sadly, yes.
U
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 44
Freas: Smalley?
Smalley: Yes.
Freas: Williams?
Williams: Yes,
Freas: Bookey?
Bookey: Yes
Freas: Swarner?
Swarner: Yes.
Freas: Moore?
Moore: Yes.
Freas: Measles?
Measles: Yes,
Williams: Let the record show that the vote was unanimous and
we,111 go on with the remainder of the agenda.
t-Z. Mayor
a. Zatmai and Lako Clark National Barka xono - Williams
referred to his memorandum included in the packet in regard to
discontinuation of positions at Katmai and Lake Clark National
Parks. Williams stated he didnit know what that would mean for
the future. However, they can expect more of the same in cut-
backs.
b. Bluff'ZONUO - Williams stated he and Mr. Bob Peters had
taken a lot of pictures of people who were walking, jumping,
repelling, etc, off the bluff. He had a discussion with his
brother during his recent visit and his brother informed him that
in Florida, the dunes are protected by law and viola -tore were
substantially fined.
KENAI CITY COUNCIL MEETING MINUTES
a AUGUST 7, 1996
PAGE 45
Williams stated he was concerned about the bluffs from Kenai
Packers to past the mouth of the river. He requested council to
consider an ordinance with a stiff fine. He believed it was
warranted. He suggested a proposal be drafted to do a project
that would control the erosion if not stop it. It deserved
council review and presentation to the people or the City of
Kenai to see if they were willing to fund such a project (from
the Senior Canter to Old Town).
Williams stated he would present his proposal to the Harbor
Commission for their review and ask council to immediately
institute a stiff fine so the police would have something to work
with. Williams stated he would request Attorney Graves write an
ordinance.
Bookey stated some of the bluff was private property. He asked
if the city would try to make the ordinance include the private
property. Williams stated he thought the bluff within the city
needed protection. The private property owners could be asked to
help in doing the ordinance.
•
Smalley reported that in Washington, the state protects the
seawall, both private and Rublic because of the public
endangerment. He suggesteC Administration check with other
cities for their ordinances, etc. There were no objections.
c. Commission/Committee Attendance Records - Williams
stated council would review the attendance records at a later
date.
I-29 City Manager
Williams noted Police Chief Morris had been serving the council
as acting city manager and had indicated he would do it a few
more weeks. However, he also had a private life and had informed
council he planned on taking a week off. Morris, through a
memorandum included in the packet, stated Acting Finance Director
Feltman would be acting city manager as well, during his leave.
Williams stated council wanted to get the temporary city manager
position behind them and suggested having a special meeting on
Wednesday, August 14, 1996. He added, council had received some
names of persons interested in serving as an interim city
manager.
a Williams suggested anyone or all of the proposed persons attend
the special meeting; to discuss the matter. Williams also
•
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 46
suggested that during the meeting, council could discuss a time
frame for beginning the search for a new city manager.
Williams stated there were three people who he knew were
interested to serve as interim city manager. They were:
a. Paul Day, who had been city manager in Nome and was now
retired. He told him he would serve on a temporary basis.
Williams added, he did not know Day personally and knew only a
l;.ttle about him. It was his understanding, however, the City of
Nome had asked him to be their acting city manager after he
retired.
b. Rick Ross, who had been the City of Kenai Chief of
Police. Williams stated he spoke with Ross and was told he would
be very willing to serve on a temporary basis. However, he was
working for his brother on a road job and wouldn't be available
until the first week in September. He would, however, be willing
to serve.
c. Jim Carter, who had a lot of past experience with
government entities. Williams added, he was retired from the
FAA, worked as a liaison for Mayor Gilman, served as the EDD
Director, and served as an APUC commissioner. Carter also told
him he would be willing to serve on a temporary basis.
Williams asked council if they wanted to hold a special meeting.
Smalley suggested AML be contacted in regard to whether they were -
aware of any people who might serve. Swarner stated she would
speak with AML people during her meeting she would be attending
later in the day. Williams asked if the council wanted Swarner
to speak to AML on their behalf. There were no objections.
Smalley stated he had no problem with holding a special meeting
on Wednesday, August 14. He added, it was a Planning & Zoning
Commission night and the chambers would not be available.
Smalley added, he was happy with Morris as acting city manager,
but there could be some conflict concerns. Williams agreed.
A special meeting was set for Wednesday, August 14 at 7:00 p.m.
at the Kenai Senior Center. Discussion to be held would include
a temporary city manager position and the Cherrier concern, if
Kornelis received a response from him.
• KENAI CITY
AUGUST 7,,
PAGE 47
•
0
COUNCIL MEETING MINUTES
1996
Bookey noted his motion to assign Dan Morris as acting city
manager was through August 7. If they wanted to maintain him as
acting city manager, he suggested another motion be made.
Bookey added, he appreciated what Morris had done, but was not
comfortable having him continue due to possible conflicts.
Bookey suggested appointing Attorney Graves. He added, he spoke
with Graves about the position and he told him he would do it for
a week or two. Bookey referred to Morris' memorandum assigning
Feltman as acting city manager in his absence. Bookey stated he
had no problem with Feltman doing it, but felt, since she was
already the Acting Finance Director, it would be beyond the call
of duty to ask her to do this as well. He added, he would be
more comfortable having Graves fill the position.
Smalley asked if Bookey wanted to state a time specific or until
such time as an interim manager was placed. Bookey stated they
needed to be expedient. Smalley stated, an interim manager may
not a placed within two weeks. Williams suggested taking it a
week at a time. Graves stated he had no objection.
MOTION:
Councilman Bookey MOVED to have Attorney Graves become the Acting
City Manager, effective immediately for an indefinite period of
time. Councilman Smalley SECONDED the motion.
Swarner thanked Morris for his hard work and the department heads
for their efforts. She added, she also had nothing-aagainst
Feltman as the acting manager, but felt there could be problems.
Swarner added, she appreciate the employees efforts through the
last number of months as well.
Measles suggested the motion be amended to be from August a.
Williams asked if it was the councils desire to have the three
people appear at the special meeting or any one of the three or
all, etc. Bookey stated he didn't have a problem having any one
of the three and any others that councilmembers may think of
during that time.
Williams requested Freas to contact all three of the persons
discussed and get their assurance of their desire to fill the
commitment and prepare a brief resume for review. There were no
objections from council.
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 48
I-3. Attorney
No report.
1-4. ' city clock
Freas referred to her memorandum included in the packet in regard
to voting by fax which had been approved for the state elections
through the passage of a bill by the legislature in the spring.
Freas stated concerns she and other clerks she had talked with
from within the state. Most were in agreement that they wanted
to wait for the state to hold an election wherein they allowed
voting by fax before changing the code to allow it in the city of
Kenai. Freas added, she and other clerks foresaw a number of
problems and hypotheticals and would prefer waiting.
Council agreed.
Finance Director
Acting Finance Director Feltman reported the National Bank of
Alaska had reimbursed the city $500 for the cost of the unused
checks the city had destroyed because the bank changed the
routing codes. She also reported the City would have to begin
filing IRS taxes electronically due to the amount of its
employees.
I -so Public Works Director
a.. Kornelis reported he attended .a land committee meeting
at the Borough and the Borough Assembly meeting later in the day.
At the Assembly meeting, he.spoke in regard to their Ordinance
96-22. The ordinance passed and authorized the Borough to lease
the property on which the cityts.new well was sited for $1.00 a
year. Kornelis added, the ordinance also authorized the Borough,
after receiving patent to that property, to sell the property to
th`e city for $1.00.
b. Kornelis reported the excavation on the contaminated
soil on'Lots 13 and 14 was.completed by the street crew. The
work amounted to 120 cubic yards and most of the contaminated
soil was found to be on the.Sante Fe Drilling property (Lot 13).
The cost of that remediation would be charged to that.
The bid opening for the remediation was scheduled for August 15
and the cost was estimated to be about $40,000.
•
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 71 1996
PAGE 49
c. Kornelis reported Wnllhouse No. 3 project was
progressing. The road was in and the pad was in and some of the
concrete work had been completed. The slab would be poured soon.
d. Kornelis reported he and city representatives not with
OSHA to discuss the STP disinfection method change. The city was
on schedule in trying to have it completed by the end of August.
Actually, the city should be in compliance with the regulations
by the end of the week.
D-7. Airport Manager
Airport Manager Ernst reminded council that the Airport
Commission meeting, to be held August 8, representatives from
Aries Consultants, Wince-Corthell-Bryson and FAA would be present
to review Working Paper No. 2 for the Airport Master Plan,
dealing with the airport facility requirements and alternative
airport development concepts.
ITM Js DISCU,-8�OI�1
J-10 citizens
a. Kathy Bcott - Stated she wanted to return to the issue
of Councilman Bannock's participation on the Board of Directors
for the Challenger Center. She stated they were attempting to
get the incorporation papers moving forward quickly to receive
their non-profit status. She requested clarification -that if the
City Attorney felt there was no conflict, could Bannock be_listed
as a Director so that the Steering Committee would not have to
wait for another meeting.
Smalley stated he had no problem, but stated he was concerned
there could be a potential problem. No action was taken. .
b. Bob Peters - Williams thanked Mr. Peters for his recent
letter to council thanking them for placing a safety barrier
along Mission Avenue bluff. Peters stated he was present during
the portion of the meeting where a severance package was agreed
upon between the city and Mr. Manninen. Peters stated he did not
know any more about the discussions with Manninen than when he
first came to the meeting. He asked if he could, as a citizen,
know what deal was made. Williams stated yes. That it was a
public document. An unsigned copy was passed to Peters.
•
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KENAI CITY COUNCIL MEETING MINUTES
AUGUST 7, 1996
PAGE 50
Peters asked if there was going to be a recommendation with the
agreement. Williams answered it was an outright termination
agreement -with an agreement for severance pay. Peters stated he
heard something about a letter during the conversations. Measles
stated there would be a let�er of recommendation from the city
for Manninen.
Peters asked what would the recommendation be. Williams read
from the agreement that there would be a "positive" letter of
recommendation. Peters asked if he wanted to hire Manninen and
he knew Manninen had worked for the city, so he asked the city
whether they were satisfied with Manninen's work or not, would
the city say he did a good job or what.
Williams answered the letter of recommendation would be agreeable
to all parties once it was developed. Peters asked if the truth
would enter into it because he thought (from the articles in the
paper) Manninen didn't work out, but Manninen was gone with an
indication he received something from the city. He asked if the
city was to recommence Manninen, what would be said to any
interested city's thinking to hire Manninen. Williams stated
that the next city where Manninen might work and the previous
city where Manninen worked might have an entirely different
relationship with him than here. Peters asked if he was a
prospective employer of Manninen's and he knew he had worked for
the City of Kenai and called for a recommendation, what would he
be told. Williams stated there would be a prepared statement,
handled by the Chief of Police as a spokesperson for the council.
The statement would be an agreed -upon message to whomever calls:
Peters asked if the prepared statement would be available to the
citizens. Williams stated it would be available to anyone who
would call the Chief of Police.
J-2. council
No comments.
The meeting adjourned at approximately 1:00 a.m., August B. 1996.
Minutes transcribed
submitted by:
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