Loading...
HomeMy WebLinkAbout2006-07-19 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 19, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Mayor Porter -- Introduction of Guests/Russian Far East/Alaska City Links Program Exchange. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting, was postponed to June 21, 2006 with recommended revisions to the July 5, 2006 meeting. Ordinance No. 2168-2006 was postponed at the July 5, 2006 meeting to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to adopt a substitute, a motion to adopt a substitute is required.) a. Substitute A, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. b. Substitute B, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Thirty -Six (36) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. 2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2171-2006 received a motion to adopt at the July 5, 2006 Council Meeting and was postponed to July 19, 2006. The motion to adopt is active and on the floor. Y it is the intention to approve the substitute, a motion to adopt the substitute is required.) a. Substitute Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $8,654,232 in the Runway Safety Area Improvements Capital Project Fund. 3. Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. 4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. 5. Ordinance No. 2174-2006 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited "Junk" and "Litter" Under the City Code. 6. Resolution No. 2006-38 Transferring $10,000 in the General Fund to Purchase a Copier for the Police Department. 7. Resolution No. 2006-39 -- Approving a Contract to QAP for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007" for the Total Amount of 4,977,920.00. 8. Resolution No. 2006-40 -- Designating Department Assistant II Jenifer Lockwood As Deputy City Clerk. 9. Resolution No. 2006-41 -- Rejecting All Bids for the Project Entitled, "Set Net Drive LID -- 2006 - VIP Drive to Watergate Way." ITEM F: MINUTES *Regular Meeting of July 5, 2006. *6/27/06 Council/Library Commission Work Session Notes. ITEM G: UNFINISHED BUSINESS Approval - Assignment of Lease, Lot 1, Block 1, Gusty Subdivision a. Assignment of Lease/Edward A. Ferguson to Sun Sims b. Amendment to Lease/Updating Insurance Requirements, Use and Rent Escalation Clause (Clerk's Note: The Assignment of Lease, Lot 1, Block 1, Gusty Subdivision received a motion to approve at the July 5, 2006 Council Meeting and was subsequently postponed to July 19, 2006. The motion to approve is active and on the floor. A motion to amend will be required to approve proposed revisions to the Amendment to Lease.) Discussion -- Bryan Lowe Request 3. Discussion -- Proposed Library Expansion Sites Update ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. 4. *Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. 5. *Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. 6. *Ordinance No. 2178-2006 -- Finding that Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. 7. Approval -- Authorizing the City Manager to Execute an Underground Easement Across City -Owned Tideland and Uplands for the Purposes of Installation of Fiber -Optic Communication Cables. ITEM I: COMMISSION/COMMITTEE REPORTS 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. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR �u�Lt(.i fib 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council -- Evaluation of City Clerk. ITEM M: KENAI CITY COUNCIL - REGULAR MEETING JULY 19, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. M" ROLL CALL The City Clerk took roll. Present were: Rick Ross Robert Molloy Mike Boyle Pat Porter, Ma or Joe Moore, Vice Ma or I Linda Swarner Absent was: Cliff Massie A quorum was present. Also present: Les Krusen, Student Representative A-3. AGENDA APPROVAL MOTION: Council Member Moore MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Molloy MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 2 Mayor Porter -- Introduction of Guests/Russian Far East/Alaska City Links Program Exchange. Mayor Porter introduced Alexander V. Andryukhm, Boishoy Kamen Institute of Economics and Technologies and Nina Vladimirovna Kovtun, Director of the Economic Department of Administration of the City Region of Closed Administrative Territories Formation of Foundation who were participating in an exchange through the Russian Far East/Alaska City Links Program. Porter explained the City and Economic Development District were working with the group to assist them in developing a business incubator in Boishoy Kamen, Russia. ITEM C: UNSCHEDULED PUBLIC COMMENTS Dale Sandahl, 4560 Kenaitze Court, Kenai -- Sandahl commented on Ordinance No. 2168-2006, noting telephonic attendance of meetings is not new and is legal; membership participation is better if more members are present in person or telephonically; emergency situations could happen to any council members and there is no certainty to duration of illnesses, etc. that could occur and should be taken into consideration; and, discussed potential misuse of the ordinance, noting he believed it was not addressed in the ordinance, however if it becomes an issue, it could be corrected at election time. Sandahl added, close consideration should be given to numbers of times and when telephonic participation may be used. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting, was postponed to June 21, 2006 with recommended revisions to the July 5, 2006 meeting. Ordinance No. 2168-2006 was postponed at the July 5, 2006 meeting to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to adopt a substitute, a motion to adopt a substitute is required.) E-la. Substitute A, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (1.2) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 3 • :r Council Member Molloy MOVED to adopt Substitute A, Ordinance No. 2168-2006 and Council Member Boyle SECONDED the motion. Attorney Graves offered an explanation of the differences between the three versions of the ordinance, noting the initial inclusion allowing for telephonic participation of two council meetings a year was approved in October, 2005. • Ordinance No. 2168-2006 would allow an additional six meetings (to the current two meetings) to be telephonically attended in a twelve-month period. • Substitute A would add a provision that, after attending a meeting telephonically, the council member would be required to attend a meeting in person before attending telephonically again. • Substitute B would extend the amount of time over which one could attend the six meetings to be 36 months and would require a member to be physically present at one meeting after having attended a meeting telephonically before attending another meeting telephonically and would sunset the ordinance provision after three years. Bob Peters, Old Town, Kenai -- Asked what the cost would be to the city in allowing the telephonic participation. Mayor Porter answered, the cost is absorbed by the council member participating telephonically. Kristine Schmidt, 513 Ash Avenue, Kenai -- Referring to federal law, Schmidt stated she believed the city should allow family leave for elected officials, the ordinance should not be watered down, make it unworkable (which she believed Substitute B would do), and if the ordinance is abused it can be fixed when there is a problem. E-lb. Substitute B, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Thirty -Six (36) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. MOTION TO AMEND: Council Member Ross MOVED to amend by substituting Substitute B, Ordinance No. 2168-2006 and Council Member Moore SECONDED the motion. Comments of council included: KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 4 • Council Member Swarner stated her concerns with allowing a 36-month period and preferred adding two meetings during a twelve-month period and the 36- month scenario would add clerical work. • Council Member Ross noted, Substitute B would allow eight meetings in one year or in a three-year period. • Council Member Boyle stated he believed the council has a duty and responsibility to the constituents to allow their representatives to be available, either telephonically or in person. He added, he believed Substitute B would water down the ordinance. • Council Member Molloy stated he believed Substitute B would water down the ordinance and would not accomplish the original intent, i.e. to allow the member to be more effective in representing the public during a period with exceptional circumstances. He added, he has faith in council members the privilege would not be abused, however if it would happen, the electorate would correct the problem. • Council Member Moore stated concerns related to participating telephonically is poor at best; receiving important lay -down materials prior to a meeting can be difficult; and felt being prepared for a meeting, i.e. being in the community, attending work sessions, prior meetings, etc. is also very important. Moore added, he was hesitant to support the ordinance. • Swarner stated, whether the current ordinance is amended or not, the system for providing lay down information, etc., needs to be improved. • Ross noted he received comments from constituents who were opposed to the ordinance in either form and he would reluctantly support Substitute B and would not support Substitute A. He noted, Substitute B would provide six to eight months in which a person could participate and maintain the seat, allowing being absent for half a year. • Boyle noted, he believed by passing the ordinance would allow a member to attend telephonically six additional meetings a year due to exceptional circumstances. • Student Representative Krusen stated he believed the council was there to represent the voters who elected them and he believed either of the ordinance versions would allow the public to be represented more often. He noted his preference of the ordinance as Substitute A. VOTE ON AMENDMENT (SUBSTITUTE B): *Student Representative Krusen: No Massie Absent Ross Y, Loy No Boyle No Porter Yes Moore No Swarner No KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 5 Council Member Swarner MOVED to amend the title of Substitute A and the third "Whereas," changing the number of additional meetings from six to two (allowing telephonic participation up to four meetings). Council Member Moore SECONDED the motion. Comments of council included: • Ross asked if it was Swarner's intention to amend Paragraph " O" to say two instead of six meetings in a twelve-month period? Swarner answered yes. It was noted, correspondingly, the rest of the ordinance would be amended as well to indicate a total of four meetings in a twelve-month period. VOTE ON AMENDMENT (SWARNER): *Student Representative Krusen: No Massie Absent Ross Yes Molloy No Boyle No Porter Yes Moore Yes Swarner Yes MOTION PASSED. MOTION TO AMEND: Council Member Molloy MOVED to delete the last two sentences from Subsection "O" and Council Member Moore SECONDED the motion. Molloy explained, he was requesting to delete the words "A Council Member may not attend two consecutive meetings by teleconference under this section. After attending a meeting by teleconference under this section, a Council Member must attend a meeting in person before that Council Member is entitled to attend telephonically again under this section." Molloy noted, the goal is to help out an extended care/treatment situation and if a member is limited to two, it would be beneficial to be able to do two in a row telephonically. VOTE ON AMENDMENT (MOLLOY): *Student Representative Krusen: Yes Massie AbsentI Ross Yes Molloy Yes Boyle Yes Porter Yes Moore No Swarner Yes JULY 19, 2006 PAGE 6 MOTION PASSED. VOTE ON THE MAIN MOTION TO AMEND AS AMENDED (SUBSTITUTE A, AS AMENDED): *Student Representative Krusen: Yes Massie Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore No Swarner Yes MOTION PASSED. E-2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2171-2006 received a motion to adopt at the July 5, 2006 Council Meeting and was postponed to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to approve the substitute, a motion to adopt the substitute is required.) E-2a. Substitute Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $8,654,232 in the Runway Safety Area Improvements Capital Project Fund. MOTION: Council Member Swarner MOVED to approve the substitute to the Ordinance No. 2171-2006 identified as E-2a. Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Massie lAbsent Ross Yes MolloyYes Bo le Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 7 E-3. Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. MOTION: Council Member Molloy MOVED to adopt Ordinance No. 2172-2006 and Council Member Swarner SECONDED the motion. There were no public comments. Administration noted there are several building permits which have been active for a number of years; the new requirement would be for new permits after the effective date of the ordinance; the older permits would be grandfathered in; permits will be able to be extended in 180-day periods. VOTE: *Student Representative Krusen: Yes Massie Absent Ross Yes Mollo Yes Boyle Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2173-2006 and Council Member Swarner SECONDED the motion. There were no public comments. Attorney Graves explained the reason for a nine month period of time as a similar nine -month provision exists for variances and was selected for consistency. Discussion followed related to if an applicant could re -file after a Board of Adjustment - finding is made, with subsequent information causing a legitimate reason for re -filing KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 8 and what would be a substantial difference in a subsequent application to allow re - filing before the nine -month period. VOTE: *Student Representative Krusen: Yes Massie Absent Ross Yes Molloy Yes Boyle Yes Porter No Moore Yes Swarner Yes MOTION PASSED. E-6. Ordinance No. 2I74-2006 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited "Junk" and "Litter" Under the City Code. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2174-2006. With the lack of a second, the motion died. No action was taken. E-6. Resolution No. 2006-38 -- Transferring $10,000 in the General Fund to Purchase a Copier for the Police Department. MOTION: Council Member Ross MOVED for adoption of Resolution No. 2006-38. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-7. Resolution No. 2006-39 -- Approving a Contract to QAP for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007" for the Total Amount of 4,977,920.00. MOTION: KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 9 Council Member Swarner MOVED for approval of Resolution No. 2006-39 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no public comments. Administration indicated dirt should begin to be moved to Section 36 within 30-45 days. VOTE: There were no objections. SO ORDERED. E-8. Resolution No. 2006-40 -- Designating Department Assistant II Jenifer Lockwood As Deputy City Clerk. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2006-40 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no public or council comments. There were no objections. SO ORDERED. E-9. Resolution No. 2006-41 -- Rejecting All Bids for the Project Entitled, "Set Net Drive LID -- 2006 - VIP Drive to Watergate Way." MOTION: Council Member Molloy MOVED to approve Resolution No. 2006-41. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of July 5, 2006 -- Approved by consent agenda. F-2. *6/27/06 Council/Library Commission Work Session Notes -- Approved by consent agenda. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 10 ITEM G: G-1. Approval - Assignment of Lease, Lot 1, Block 1, Gusty Subdivision G-la. Assignment of Lease/Edward A. Ferguson to Sun Sims G-lb. Amendment to Lease/Updating Insurance Requirements, Use and Rent Escalation Clause (Clerk's Note: The Assignment of Lease, Lot 1, Block 1, Gusty Subdivision received a motion to approve at the July 5, 2006 Council Meeting and was subsequently postponed to July 19, 2006. The motion to approve is active and on the floor. A motion to amend will be required to approve proposed revisions to the Amendment to Lease.) MOTION: Council Member Moore MOVED to amend the Assignment of Lease as outlined by administration and Council Member Swarner SECONDED the motion. Administration indicated the applicant had no objections to the addition of the standard five-year rent escalation clause being added to the amendment. VOTE: There were no objections. SO ORDERED. G-2. Discussion -- Bryan Lowe Request City Manager Koch reviewed his memorandum included in the packet related to the roadway surfacing used by the developer in the Dena'ina Point Estates/St. Augustine Addition. Koch stated he wished to rescind his earlier direction as he believed Mr. Lowe had been under the assumption from information he received from city personnel, the method he used for development of the roadway had been approved. He added, it would be unfair to Lowe to require a different method at this point. Koch also noted other items needing to be completed, including creation of engineer drawings; an as -built indicating traffic control, drainage, etc.; modifications to the plat to indicate the correct street names; hydro -seeding of the city property he had disturbed, etc. Koch reported Lowe had agreed to do all the items and understands all the items will need the city's approval. A brief discussion took place related to development of guidelines for new subdivisions and general agreement to hold a work session sometime in the fall for that purpose. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 11 Council stated no objections to City Manager Koch's rescinding his earlier decision on the materials used/formation of the roadway. A brief discussion followed related to the earlier damage done to the city bluff property Koch reported the city assessed a price and Lowe paid the amount. Council also requested a discussion of how Lowe intends to enforce no access to the beach across city property from his subdivision be included on the August 2 council meeting agenda. Administration was requested to furnish diagrams, etc. as back-up information. G-3. Discussion -- Proposed Library Expansion Sites Update Koch referred to information in the packet and reported the following: • Discussions are continuing with state representatives related to the availability of the old courthouse. He added, no one he had talked with stated interest in making the building available for the city's use. • Discussions with Carr-Gottstein related to the availability of a portion of the old mall were ongoing. • There is a possibility sufficient parking could be provided at the existing site with a change in design of the parking lot. Koch suggested a scientific survey be taken of city residents with questions related to the library, roadway standards, snow removal, etc. and requested council members to forward questions to him that could be included in the survey. Whether to include a bond on the October ballot or not was also discussed, however it was suggested information from a survey would indicate how citizens feel about a number of issues and allow better planning for bond issues to consider. Administration was requested to bring a plan back to council related to performing a survey. BREAK TAKEN: 8:23 P.M. BACK TO ORDER: 8:34 P.M. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Molloy MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 12 H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. Introduced by consent agenda. H-4. Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. Introduced by consent agenda. H-5. Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. Introduced by consent agenda. H-6. Ordinance No. 2178-2006 -- Finding that Certain City -Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. Introduced by consent agenda. H-7. Approval -- Authorizing the City Manager to Execute an Underground Easement Across City -Owned Tideland and Uplands for the Purposes of Installation of Fiber -Optic Communication Cables. Koch referred to the draft easement agreement included in the packet and reviewed the information, i.e. an easement is needed across the city tidelands in order for Kodiak Kenai Cable Company, LLC to install underground cabling for telecommunications and electrical purposes with yearly payment to the city of $800. A brief discussion followed. Concern was expressed that language be added to ensure the cable will be moved, at Kodiak Kenai Cable Company's expense, if a city project requires it to be moved, i.e. bluff erosion project, etc. Koch also noted, the term would be 25 years and the right to a five year extension for the grantee. KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 13 Council stated no objection to the easement agreement with the additional language and terms discussed. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting as August 3, 2006. I-2. Airport Commission -- Council Member Swarner reported the July 13, 2006 meeting summary was included in the packet. I-3. Harbor Commission -- Public Works Manager Kornelis reported there was no quorum available for the July 10, 2006 meeting. The next meeting is scheduled for August 7, 2006. I-4. Library Commission -- Council Member Molloy reported on actions taken at the July 11 Library Commission meeting, including discussion related to a proposed expansion and code/library regulation updates. I-5. Parks & Recreation Commission -- Council Member Moore reported the July 6, 2006 meeting summary was included in the packet and noted the Commission discussed the thinning of trees in front of the Challenger Center, the October marathon, and offered a recommendation related to Tract A, Park View Subdivision. I-6. Planning & Zoning Commission -- Council Member Ross reviewed actions taken at the July 12, 2006 Commmission meeting, including the approval of two plats and a recommendation related to Tract A, Park View Subdivision. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reviewed the July 11, 2006 meeting summary. Mayor Porter reported she met with Swarner and Chair Dimmick during the previous week as well. I-7b. Alaska Municipal League Report -- Swarner noted the summer legislative meeting would be held in Homer August 10, 11, and 12. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Requested the Parks & Recreation Commission members tour the city parks and note improvements needing to be made. There were no objections stated by council. She would like to investigate placing an arch across Main Street entering into the Old Town area with an appropriate welcome included in it. Comments included it should be discussed at budget time; a cost had not yet been determined; KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 14 and, placing such a sign in that area may help to develop the area for tourism. There were no objections stated to pursue the idea. • Reported Industry Appreciation Day picnic is scheduled for August 26. • She assisted in the Kenai Classic event and it went very well. • She attended the reception for the Alaska Biotech group. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • He and representatives of the Public Works Department would be meeting with representatives of the Department of Transportation and discuss upcoming plans, i.e. maintenance of the bike path, etc. • He met with Commissioner Sandusky related to PRISM building/program. He will meet with the representatives of NANA Corporation as well. • A petition for paving of Angler Drive was received and appeared to be sufficient. He would be discussing several proposed assessment districts with council over the next several meetings. • Information related to the airport reserve will be brought to council at its next meeting. • Millennium Park soccer field would be hydro -seeded in the next several days. • Representative Olson's office called to correct a previous statement, i.e. the Boys & Girls Club was awarded a $40,000 grant which was actually $10,000. Swarner requested the building permit report include the name of the applicant of building permits. Council stated no objections to the report. K-2. Attorney -- Attorney Graves reported ordinances to amend the airport reserve boundary would be brought forward at the next council meeting. K-3. City Clerk -- City Clerk Freas reported candidate petition packages for the October 3, 2006 would be available in her office from August 1-15, 2006. ITEM L: DISCUSSION L-1. Citizens -- Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Requested the city impress upon the Department of Transportation to include in its plan for the upgrade of Kalifornsky Beach Road, the need for a turning lane onto Cannery Road, beautification at that corner, and development of a bike trail or safety lane to that area. Joan Bennett -Schrader, P.O. Box 1264, Kenai -- Noted the following: JULY 19, 2006 PAGE 15 • Was happy to hear the discussion related to a proposed library expansion. • Suggested comparing findings from the proposed survey with comments made during the forum held several years ago. • Questioned the airport runway expansion and Koch explained the project would not change the alignment of the runway. Bob Peters, Old Town, Kenai -- Noted the following: • Believed it would be better to advertise the attributes of the city instead of placing an arch into Old Town. • Concerned with current visitors and future visitors touring Old Town and not adhering to the authorized parking areas available. Requested the city enforce the "unauthorized parking" rules, people walking up and down the bluff, etc. L-2. Council -- Moore -- Complimented Council Member Swarner and those assisting her in the dinner held for the Russian visitors. Swarner -- Noted the following: • Thanked those helping her and those who attended the dinner for the Russian visitors. • She would be preparing a $10,000 grant request application for the library for her inter -governmental research class and requested a letter of support or resolution be prepared to include with the grant application. Concern was stated related to whether an award of grant would require a contribution from the city. Swarner stated if there would be contribution, it would probably be 10%. There were no objections stated. Krusen -- Reported August 2 would be his last meeting. Ross -- Reported the July 14 Stranded Gas meeting had been cancelled. Molloy -- Thanked Swarner and others for their involvement in preparing the meal for the Russian visitors. Boyle -- No comments. EXECUTIVE SESSION -- Evaluation of City Clerk. MOTION: Council Member Moore MOVED to convene in an executive session of the council of the City of Kenai, concerning matters that could prejudice the reputation and KENAI CITY COUNCIL MEETING JULY 19, 2006 PAGE 16 character of another, the annual evaluation of the City Clerk. Council Member Molloy SECONDED the motion. VOTE: Massie Absent Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner Yes MOTION PASSED UNANIMOUSLY. COUNCIL CONVENED TO EXECUTIVE SESSION: 9:24 P.M. BACK TO ORDER: 10:23 P.M. Council Member Moore reported the council met in executive session to conduct the annual evaluation of the City Clerk. The City Clerk received a positive evaluation. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:24 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. APPROVED BY COUNCIL CLERK