Loading...
HomeMy WebLinkAbout2008-07-16 Council MinutesAGENDA I{ENAI CITY COUNCIL -REGULAR MEETING JULY If, 2008 a:oo 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. Bill Hatch, Habitat for Humanity Board Vice President -- Request for Donation of Property for Development. 2. Roy 8s Janine Espy -- Cell Phone Tower Moratorium Request ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORT5 OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2323-2008-- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) a. Substitute Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC 1.85.070; and, 3) Adding Definitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. 2. Ordinance No. 2326-2008 -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. 3. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 8v Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. 4. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. 5. Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract 1A of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. 6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. 7. Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai iviunicipal Code (KMC i3.20.04G) Titled '"Trespass" Making It a Violation to Trespass Upon Real Property. 8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. 9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. 10. Resolution No. 2008-44 -- Approving a Contract to Southcentral Construction, Inc. for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount of $1,016,265.90. ITEM F: MINUTES *Regular Meeting of July 2, 2008. ITEM Cr: ITEM H: 1. Bi11s to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordimance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 4. *Ordinanee No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. 5. *Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai Municipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. ITEM I: COMMISSYON/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. ,Library Commission 5. Parks 8s Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: 1. ~ City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENISING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2314-200 -- Enacting KMC 23.55.080 Providing for Longevity Pay of 1t o Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- None Scheduled ITEM N: KENAI CITY COUNCIL -REGULAR MEETING JULY 16, 20®8 7:00 P.M. KENAI CITY COUNCIL CHAMFERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES %TEM 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. A-2. ROLL CALL The City Clerk took roll. Present were: Bar Eldrid e Robert Mo11o Mike Pat Porter, Ma or Linda Swarner, Vice Mayor Hal ~ Council Members absent: Rick Ross A quorum was present. Student Representative Maya Johnson: Absent A-3. AGENDA APPROVAL Mayor Porter requested the following be added to the agenda: ADD TO: Executive Session -- Financial Matters ADD AS: Information Item No. 5 -- J. Castimore email thanking Council Member Smalley for his assistance in Kenai Lion's Club cleaning up of Bernie Huss Trail. Information Item No. 6 -- 7;/ 10/08 Division of Juvenile Justice letter requesting consideration of adding a bike path on the west side of Marathon Road to the Juvenile Detention Facility. Ynformation Item No. 7 -- City of Kenai Building Permits/Section Quarter 2008. MOTION: KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 2 Council Member Smalley MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. VOTE: There were no objections. SO ORDERED. A-4 CONSENT AGENDA MOTION: Council Member Swarner MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) A presentation of an Employer Support of the Guard and Reserve (ESGR) and the Seven Seals Awards were made to Mayor Porter by Michael Machulsky. B-1. Bill Hatch, Habitat for Humanity Board Vice President -- Request for Doiiatioii of Propeiiy for Development. Referring to a letter included in the packet, Hatch thanked council for the city's past support and entertaining the request for donation of lots to Habitat for Humanity for development in the city. He noted, Habitat had concern of paying $23,000 in back taxes for the lots requested. After a brief discussion, council consensus was to move forward with further discussion and requested administration to bring the issue back to council for consideration. Council Member Smalley noted his membership of the Habitat for Humanity Board of Directors, noting he received no payment for his participation. Council Member Swarner requested a list of other foreclosed lots in the city that could also be considered for donation and development. B-2. Roy & Janine Espy -- Cell Phone Tower Moratorium Request Referring to a letter included in the packet, Janine Espy discussed concerns with the number of cell phone towers that could be placed in the city and a previous request for KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 3 a moratorium for placement of towers until an ordinance and plan were developed for appropriate placement of towers within the city. Consensus of council was for cell phone towers to be discussed by the Planning 8v Zoning Commission at its first August meeting. Discussion also included the following: • A moratorium on placement of towers would require passage of an ordinance. • Suggestions that cell phone companies be notified of the discussion to be held by the commission. Consider holding a work session with the cell phone companies, commission and residents. ITEM C: (3 minutes) C-i. George 1°ord, Kenai Historical Society -- Ford noted his address as 526 Ash Avenue, Kenai and updated council on the Kenai Historic cabin/cannon relocation project, noting award of a $55,000 Rasmuson grant to assist in the moving of the buildings, $11,000 in donations from other organizations, and the need to raise approximately X10,000 in additional funding. Ford also noted, the physical portion of the project was ready to begin and requested assistance from the city to manage the project. After a brief discussion, it was council's consensus the city would assist with the project management and move forward with the project. ITEM D: REPORTS OF" KPB ®SSEMBL'Sl, LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordsnance No. 2323-2008-- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the Members of the Planning and Zoning Commission in the Definition of "Municipal Officer" in KMC ]..85.070; and, Including Stockbrokers and Financial Advisors in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. (Clerk's Note: Ordinance No. 2323-2008 was amended at the July 2, 2008 council meeting and then postponed to the July 16, 2008 council meeting. The motion to approve is active.) E-la. Substitute Ordinance No. 2323-2008 -- Amending KMC 1.85 by: 1) Updating the Financial Reporting Requirements for Municipal Officers and Candidates Contained in KMC 1.85.020; and, 2) Including the KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 4 Members of the Planning and Zoning Commission in the Definition of "Municipai Officer" in KMC 1.85.070; and, 3) Adding Dennitions for "Domestic Partner," "Health Care Provider," and "Covered Individual"; and, 4) Including Stockbrokers, Financial Advisors and Health Care Providers in the List of Professionals Subject to Modified Requirements in KMC 1.85.030. MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2323-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Attorney Graves was thanked for including suggested amendments provided. VOTE: *Student Representative Johnson: Absent t Eld it d e ~ Yew- ~ Bo le Yes Ross Porter Absent Yes Mollo Swarner Yes Yes _ Smalley Yes MOTION PASSED UNAN%MOUSLY. E-2. Ordinance No. 23~b-B®US -- Amending KMC 7.22.010 and Enacting a New Section of the Kenai Municipal Code (KMC 7.30.020) to Establish a New Investment Policy for the Airport Land Sale Permanent Fund. MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2326-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND: Council Member Molloy MOVED to amend Ordinance No. 2326-2008 at 7.30.020(a)(1) (page 43 of the packet) changing "finance director" to "administration" and adding "subject to council approval" after "endowment investments." Council Member Boyle SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 5 It was noted, the city manager would still sign the contract, but the contract would first be subject to council approval. VOTE: *Student Representative Johnson: Absent Eldrid e Yes Ross Absent Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. Council Member Molloy suggested an amendment be made at paragraph (c) to coincide with the ethics ordinance recently passed by council or move forward with the consideration of Ordinance No. 2326-2008 and amend the ordinance at a future meeting. Attorney Graves recommended Ordinance No. 2326-2008 be considered and include the suggested amendment with a future ordinance that would also include a definition of confidential information. VOTE ON MOTION AS AMENDED: *Student Representative Johnson: Absent Eldridge Yes Ross Absent Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2327-2008 -- Amending the Official Kenai Zoning Map by Rezoning a Portion of Lot 4, FBO Subdivision No. 7 & Lot 5, FBO Subdivision No. 8 From Conservation to Light Industrial. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2327-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted a request for postponement had been made during a conversation by Council Member Ross for Ordinance Nos. 2327-2008 and 2328-2008, if the ordinances were not time sensitive. It was determined the ordinances were not time sensitive. MOTION TO POSTPONE: KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 6 Council Member Molloy MOVED to postpone Ordinance No. 232%-2008 to the first meeting in August and Council Member Boyle SECONDED the motion. Administration had no objections to consideration of the ordinance being postponed. VOTE ON POSTPONEMENT: *Student Representative Johnson: Absent Eldrid e Yes Ross Absent Mollo Yes Boyle _ Yes Porter Yes Swarner Yes Smalley Yes ~ ~ ~ MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2328-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract A, Gusty Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty Subdivision No. 7 From Conservation to Light Industrial. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2328-2008 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2328-2008 to the first meeting in August (based on the request made by Council Member Ross). Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson: Absent Eldridge Yes Ross Absent Molloy Yes Boyle ~ Yes ~ Porter Yes Swarner ~ Yes Smalley ~ Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 7 E-5. 'Ordinance No. 2329-2008 -- Amending the Official Kenai Zoning Map by Rezoning Tract lA of Buffalo Run Subdivision 2008 Replat (Preliminary Plat) Consisting of Approximately 72 Acres from Suburban Residential and Rural Residential to Rural Residential. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2329-2008 and Council Member Swarner SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council had no comments. VOTE: *Student Representative Johnson: Absent Eldrid e _ Yes ~ Ross Absent Molloy (Yes i Boyle Yes Porter ;Yes Swarner Yes Smalley Yes , ~ MOTION PASSED UNANIMOUSLY. E-6. Ordinance No. 2330-2008 -- Increasing Estimated Revenues and Appropriations by 525,000 in the Airport Special Revenue Fund and the Courthouse Parking Capital Project Fund for Engineering. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2330-2008 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent ~ Eldridge Yes Ross Absent Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 8 E-7. Ordinance No. 2331-2008 -- Enacting a New Section of the Kenai Municipal Code (KMC 13.20.040) Titled ''Trespass" Making It a Violation to Trespass Upon Real Property. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2331-2008 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. Bob Peters, Old Town, Kenai -- Peters spoke in support of Ordinance No. 2331-2008. Council Member Swarner declared she had an interest in a bluff lot and appreciated the ordinance. City Attorney Graves noted Swarner had discussed her situation with him and since the ordinance was a trespass ordinance of general application and not solely of bluff property, she was not prohibited to vote on the ordinance. VOTE: *Student Representative Johnson: Absent Eldrid e Yes Ross Absent Molloy Yes Boyle ~ Yes Porter Yes Swarner .Yes Smalley 'Yes i '~ ~"1O'11ON PASSED iTNANIMOUSL3~. E-8. Resolution No. 2008-42 -- Pertaining to the Investment Allocations of the Airport Permanent Fund and Establishing Appropriate Benchmarks to Measure Performance. MOT%ON: Council Member Eldridge MOVED for approval of Resolution No. 2008-42 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent Eldridge Yes Ross Absent Molloy Yes Boyle ~ Yes Porter Yes Swarner Yes KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 9 Smalley Yes i ~ MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2008-43 -- Awarding a Professional Services Contract to Alaska Permanent Capital Management, Inc. to Manage the Airport Permanent Fund Investments. MOTION: Council Member Molloy MOVED to approve Resolution No. 2008-43 and Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Absent Eldridge ( Yes Ross Absent Molloy Yes Boyle Yes Porter Yes Swarner ~ Yes Smalley ~ Yes MOTION PASSED UNANIMOUSLY. E-10. Resolution No. 2008-44 -- Approving a Contract to Southcentral Construction, Inc. for the Project Entitled Marathon Road Improvements - 2008 for the Total Amount of $1,016,265.90. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2008-44. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of July 2, 2008 -- Approved by consent agenda. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 10 YTEM G: BREAK TAKEN: 8:05 P.M. BACK TO ORIBER: 8:16 P.M. ITEM H: NEW BUSINESS H-1. BiIIs to be Ratified MOTION: -- None. Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. ,Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED of approval of the purchase orders exceeding X15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Koch noted the Boys 8v Girls Ciub was needing to supplement general information required by their contract with the city. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2332-2008 -- Increasing Estimated Revenues and Appropriations by $113,222.22 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. Introduced with the approval of the consent agenda. H-4. Ordinance No. 2333-2008 -- Increasing Estimated Revenues and Appropriations by $3,217.60 in the General Fund for Police Canine Program Expenses. Introduced with the approval of the consent agenda. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE l l H-5. Ordinance No. 2334-2008 -- Enacting a New Chapter in the Kenai lvlunicipal Code (KMC 24.30) Titled Kenai Municipal Cemetery Advisory Committee Establishing an Advisory Cemetery Committee to Assist in the Planning and Development of an Addition to the Existing Cemetery, Its Integration Into the Existing Cemetery and Including a Provision to Sunset the Committee After a Period of Two Years. Introduced with the approval of the consent agenda. %TEM I: COMMYSSION/COMMITTEE REPORTS I-l. ,Council on Aging -- Council Member Eldridge reported the next meeting would be held on August 14, 2008. %-2. Airport Commission -- Council Member Molloy reviewed the July 16, 2008 meeting summary included in the packet and noted the Commission would be reviewing a draft ordinance related to minimum standards at its August meeting. I-3. Harbor Commission -- Council Member Boyle reviewed the July 7, 2008 meeting summary included in the packet, including a discussion held related to placement of a boat pull-out in the area of Cunningham Park. I-4. Library Commission -- Council Member Smalley referred to the letter included in the packet from the Rasmuson Foundation notifying the City of the grant award of $1.5 million for the library expansion project. 'a-5. Parks a"a Recreation Commission -- Council Member Eldridge reported there was no quorum available to hold the July 3 meeting and a special meeting had been scheduled for July 24, 2008. I-6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the July 9, 2008 meeting which were included in the packet. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Mayor Porter reviewed the meeting summary of the July 8, 2008 meeting which were included in the packet. I-7b. Alaska Municipal League Report -- Council Member Smalley reported he received a copy of the Draft AML Policy Statement for council review. I-7e. .Mini-Grant Steering Committee -- No meeting. YTEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • She presented plants to Alyeska Services and Dan's TV for their years of business in the city. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 12 • She attended the open house for Beacon Services and provided them flowers of congratulations. • She suggested variance signs be larger and a brighter color. • ,She passed on a compliment she received related to the Parks & Recreation Department's efforts to keep the city clean and looking good. • She reported Home Depot donated trees and shrubs to place at the medium in front of their property. • She received two requests for garbage receptacles to be placed along sidewalks in the city. ITEM K: K-1. City Manager -- City Manager Koch reported the following items: • Referred to the award letter from the Rasmuson Foundation included in the packet. • He planned to bring forward a resolution in appreciation of the Rasmuson Foundation on the next agenda. • He would be developing a request for proposal for design services for the library expansion project prior to his leaving on vacation. • He would be meeting with the Governor to discuss the bluff erosion project. • He received a call from Council Member Eldridge related to his concerns with the layout of the upgrade of Kalifornsky Beach Road into VIP Subdivision, etc. and planned to discuss them with the project manager. • With the appointment of Chuck Kopp as the Commissioner of Public Safety, he had appointed Gus Sandahl as the Acting Police Chief. • The dip net fishery had been very active. • Received a disappointing report on two exploratory wells that were high in arsenic levels. He added, there would be no further wells drilled and he would provide a report to council with his recommendations of further activities. • City Attorney Graves was successful in upgrading the city's status with regard to the Visitors Center heating system in the class action suit. • A resolution supporting the city's municipal matching grant with the Department of Economic Conservafion would be included on the next council meeting agenda for consideration. • Three lots formerly leased by FAA along Main Street Loop had been cleared of hazardous materials and released to the city by FAA. Council comments included: • Lawton Drive paving needing attention -- Administration would be investigating. • Suggested a master plan be developed for the dunes area -- administration would review the issue. • Kenai Classic landing fees -- Reported the fees increased by the number of aircraft, however the number of corporate aircraft had decreased. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 13 • Requested the float plane report include whether the slips rented were up or down from prior reports/years. K-2. .9ttorney -- Attorney Graves reported the software he had been considering purchasing to assist with the Permanent Fund Dividend garnishments would not fit the city's process. K-3. City Clerk -- City Clerk Freas reported candidate petition packages would be available from August 1-15, 2008 and she and the Deputy Clerk would be attending a Peninsula Clerk's meeting at the borough related to elections in the morning. Council Member Swarner thanked Freas for the information forwarded related to absentee voting. ITEM L: L-1. Citizens (five xninutes~ Bob Peters, Old Town, Kenai -- Noted the following: • Thanked council and city attorney for the trespass ordinance. • Thanked the city clerk for always being available and serving the public well. • General thanks to all city departments and appreciated the "can do" attitude of the city employees. • The Meek's Crossing bridge was needing some repair. L-2. Council Boyle -- No comments. Molloy -- • Congratulated Kopp on his appointment. • Congratulated Library Director Joiner and City Manager Koch on the award of the Rasmuson Grant for the library expansion. • Stated concerns in not having a discussion of the Fire Wise Program and contract with Chugachmuit on the agenda; noted he would be bringing forward a proposed ordinance to amend the code to clarify and include more specifics for the process of the development, distribution, and publication of the agenda for council meetings, as well as addressing the right of individual council members as legislators to have items placed on the agenda. Eldridge -- • Thanked Koch for investigating the Kalifornsky Beach Road project and concerns. • Reported the next meeting of the Economic Development District Board of Directors would be held on July 24, 2008 and would be discussing the search for a new director. KENAI CITY COUNCIL MEETING JULY 16, 2008 PAGE 14 • Noted an error in the Harbor Commission meeting summary -- deleting his name as being present and insert Council Member Boyle. Smalley -- • Congratulated Kopp on his new appointment. • Congratulated Sandahl for his appointment as Acting Police Chief. • Thanked Parks & Recreation Director Frates for his assistance in cleaning the Bernie Huss Trail. • Stated he was glad to see the progress of the Lowe's project. Swarner -- Congratulated Porter for her awards. • Congratulated to the people who worked on the Rasmuson grant applications. • Congratulated Kopp and Sandahl on their appointments. • Was happy to know the city would be using a credit card machine for collecting dip net fishery fees. • Thanked Frates for his crews' efforts. ITEM M: PENDING LEGISLATYON (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Postponed on June 4, 2008 to August 6, 2008.) -- Financial Matters (added at beginning of meeting) MOTION: Council Member Swarner MOVED to convene in an executive session of he Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Council Member Eldridge SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSYON BEGAN: 9:11 P.M. BACK TO ORDER: 9:30 P.M. KENAI CITY' COUNCIL MEETING JULY I6, 2008 PAGE 1 S Council Member Swarner reported, during the executive session, council directed City Manager Koch to proceed with negotiations that would clearly have an adverse effect upon the City of Kenai. ITEM N: AI3JOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:35 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. ~Pa~~O'~~ ~e°4 ~`~3ts°"~~I„ ~ ~ ., , 7 u~ ....~ ~ ~ ~` .... , .