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HomeMy WebLinkAbout2008-06-04 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us u •7:�AiL�CiZi7;�•]�1'7 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) u s . • • i 3�i A�I•��' :mai`M•ZK•Y11�)( & ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2311-2008 -- Finding that Certain City -Owned Land, Identified as T5N RI I SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 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. 5. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. 6. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. 7. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. 8. Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. 9. Resolution No. 2008-30 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. 10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance. 11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer Fund to Replace Lift Station Pumps. 12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental & Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. 13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Atco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. 14. *Liquor License Application (New) • Samm McGee's, Inc. #4794/Beverage Dispensary Tourism 15. *Restaurant Designation Permit • Robert B. Gray/Samm McGee's Inc. #4794 ITEM F: MINUTES 1. *Regular Meeting of May 20, 2008. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS I. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. 4. *Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. *Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non -Residents of the City of Kenai Providing They Work at Least One-half Time Within the City. Discussion -- Harold Daubenspeck Memorial ITEM I: COMMISSIONOCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8s 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: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION Citizens (five minutes) Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -- Annual Evaluation of City Clerk and City Manager ITEM N: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httio://www.ci.kenai.al<.us MAYOR PAT PORTER, PRESIDING MINUTES 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. A-2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted the following requests: MOVE: Information Item No. 5 forward and place as Item H-7 for Consideration -- Vacation of Hayes Avenue, a 30-foot right-of-way adjacent to the north boundary of Lots 1 and 4, dedicated by Youngblood -Warren Subdivision (Plat KN 628); within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2008-101. ADD TO: Mayor's Report -- 6/2/08 Tri-Borough Commission letter Encouraging the inclusion of a spur line to Southcentral Alaska and the dedication of a portion of gas line revenues to Alaska's communities in the natural gas pipeline project. MOTION: KENAI CITYCOUNCIL MEETING JUNE 4, 2008 PAGE 2 Council Member Swarner MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. Mayor Porter noted the following request: ADD TO: Item E-15 -- A copy of the Restaurant Designation Permit (Robert B. Gray/Samm McGee's Inc. #4794 (inadvertently omitted from the packet). MOTION: Council Member Smalley MOVED to approve the consent agenda with the addition to Item E-15. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Mayor Porter welcomed Maya Ala Johnson as the new student representative to the council. ITEM B: SCHEDULED PUBLIC COMMENTS -- None. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2311-2008 -- Finding that Certain City -Owned Land, Identified as TSN R11W SEC 4 Seward Meridian KN 0880053--Central View Subdivision Tract B, Third Recording District, Kenai, Alaska, (KPB Parcel No. 04901062), is Dedicated for Park Purposes. Council Member Swarner MOVED to adopt Ordinance No. 2311-2008 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. There were no council comments. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 3 Smalley Yes Eldridge— Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes E-2. Ordinance No. 2312-2008 -- Amending KMC 14.05.010 by Adding a New Subsection to Compensate Planning and Zoning Commissioners at the Rate of $100 Per Month. r+i(SIIYOR Council Member Swarner MOVED to adopt Ordinance No. 2312-2008 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. A brief council discussion took place whether the members should be paid by the amount of meetings they attend or a flat monthly basis. There were no objections stated to pay members on a flat monthly basis, however if missed meetings become a problem, the ordinance issue could be revisited. VOTE: `Student Representative Johnson: Yes Smalley Yes Eldridge j Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes E-3. Ordinance No. 2313-2008 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2313-2008 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: KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 4 Council Member Boyle MOVED to include $5,000 as a line item in the budget for the city to donate to the CARTS program. Council Member Molloy SECONDED the motion. Comments included: • Council Member Boyle explained it was his desire to be sure the funds would go to CARTS as it was not currently a line item in the budget. ® Council would have the opportunity to vote whether to dispense the funds to the CARTS program when a formal request would be made. • Discussions between CARTS and the Senior Center were continuing with regard to sharing travel to Sterling. ® The CARTS program is used by many of the public as transportation to work and shop in the city and because of the high fuel costs, donating to the program would be beneficial to the city. Council Member Smalley reported his wife was a member of the CARTS Board of Directors but was not compensated for her participation. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Smalley Yes Eldridge No Ross No Molloy Yes Boyle Yes Porter No Swarner � No &COWU•7,1b061FAN10l� i+3? Council Member Molloy MOVED to amend the Legislative budget to add $1,000 for an assessment feasibility study for radio broadcasting of council meetings and Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Smalley Yes I Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 5 Finance Director Semmens noted the Legislative budget would include $5,000 with the understanding it would be considered for donation to CARTS. *Student Representative Johnson: Yes Smalley Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-4. 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. kG [$310 [•)� Council Member Smalley MOVED to adopt Ordinance No. 2314-2008 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Discussion followed with comments including: • If the ordinance was passed, it would be a cost of $13,500 to the budget. A more intense review of the current ordinance with an amendment to the pay scale was suggested. • Passing the ordinance would offer immediate relief to those employees who reached the top of their pay range. • The ordinance would be equivalent of a step increase with the base pay remaining the same and would be a solution. • Concern the ordinance was not tied to performance; suggested administration review and address the issue with a fiscal note with alternatives; and, the city needs to be competitive in the market place. Council Member Eldridge MOVED to table Ordinance No. 2314-2008 to the first meeting in August and Council Member Swarner SECONDED the motion. *Student Representative Johnson: Yes Smalley ;Yes Eldridge ; Yes 1 Ross Yes Mollov Yes Bovle No Porter Yes KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 6 Swarner Yes r r r E-5. Ordinance No. 2315-2008 -- Increasing Estimated Revenues and Appropriations by $1,358.38 in the General Fund to Pay for Police Uniforms and Equipment. Council member Swarner MOVED to adopt Ordinance No. 2315-2008 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. There were no council comments. *Student Representative Johnson: Yes Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2316-2008 -- Increasing Estimated Revenues and Appropriations by $24,800 for Repair of the Retaining Wall on South Spruce Street. Council Member Eldridge MOVED to adopt Ordinance No. 2316-2008 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. Council Member Boyle MOVED to amend the title and first whereas to reflect South Forest Drive instead of South Spruce Street. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 7 There were no objections. SO ORDERED. *Student Representative Johnson: Yes Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes E-7. Ordinance No. 2317-2008 -- Enacting KMC 13.20.030 Prohibiting Trespass in Posted Environmentally Sensitive Sand Dune Areas in a Portion of the North Shore of the Kenai Beach. Council Member Eldridge MOVED to adopt Ordinance No. 2317-2008 and Council member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. A brief council discussion took place related to setting a standard fine in order for the city to handle the fine collection instead of going through the court system. Attorney Graves was requested to prepare an ordinance to set a standard fine. VOTE: *Student Representative Johnson: Yes Smaller Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes E-8. Resolution No. 2008-29 -- Authorizing a Sole Source Contract to Kidde Fire Trainers for $45,000 for Software and Installation Services at the Fire Training Facility. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2008-29. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 8 The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. E-9. Resolution No. 2008-30 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2008 and Ending June 30, 2009. IJAi [BSI N CONEi Council Member Swarner MOVED to approve Resolution No. 2008-30 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: There were no objections. SO ORDERED. E-10. Resolution No. 2008-31 -- Transferring $20,000 in the Airport Fund for Pavement Maintenance. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2008-31. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. `i1 ol0 There were no objections. SO ORDERED. E-11. Resolution No. 2008-32 -- Transferring $14,016 in the Water and Sewer Fund to Replace Lift Station Pumps. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2008-32 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 9 Q There were no objections. SO ORDERED. E-12. Resolution No. 2008-33 -- Selecting Wince-Corthell-Bryson for Architectural/Engineering/Environmental &, Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. Council Member Smalley MOVED for approval of Resolution No. 2008-33 and requested UNANIMOUS CONSENT. 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. There were no council comments. VOTE: There were no objections. SO ORDERED. E-13. Resolution No. 2008-34 -- Declaring that a Zamboni be Considered Surplus and Authorizing Trade with the City of Palmer for an Arco Trailer, a Large Volume Exhaust Fan, and Other Miscellaneous Items. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-34 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. The floor was opened for public hearing. Bob Peters, Old Town, Kenai -- Mr. Peters spoke in support of the resolution and commended administration on the trade. There being no one further wishing to speak, the public hearing was closed. City Manager Koch gave a brief explanation of the trade of goods and their value, i.e. the Zamboni having little value; ATCO trailer to be used as a mobile office during dip net fishery season, $7,000-$10,000; exhaust fan to be used at the ice rink to assist in curing the condensation problems there, etc. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 10 E-14. Liquor License Application (New) • Samm McGee's, Inc. #4794/13everage Dispensary Tourism Approved by consent agenda. E-15. Restaurant Designation Permit • Robert B. Gray/Samm McGee's Inc. #4794 Approved by consent agenda. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:11 P.M. ITEM F: MINUTES F-1. Regular Meeting of May 20, 2008 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: NEW BUSINESS H-1. Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills and Council Member Eldridge SECONDED the motion. Council Member Swarner requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED for approval of the purchase orders exceeding $15,000. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 11 H-3. Ordinance No. 2318-2008 -- Increasing Estimated Revenues and Appropriations by $501,632 in the Urea Storage Building Fund for Construction. Introduced by approval of the consent agenda. H-4. Ordinance No. 2319-2008 -- Amending the Ethics Rules for Elected and Appointed Officials and City Employees by Amending the Existing KMC 1.85.060 and 070. Introduced by approval of the consent agenda. H-5. Ordinance No. 2320-2008 -- Amending KMC 1.90.030 to Permit Appointment of Up to Two Members to Certain Advisory Boards, Commissions or Committees Who are Non -Residents of the City of Kenai Providing They Work at Least One -Half Time Within the City. Introduced by approval of the consent agenda. H-6. Discussion -- Harold Daubenspeck Memorial Referring to the letter included in the packet, Mayor Porter requested the city purchase a tree and memorial plaque to be placed at Memorial Park in memory of Harold Daubenspeck. Council Member Eldridge MOVED to purchase a tree and plaque at Memorial Park in memory of Harold Daubenspeck. Council Member Molloy SECONDED the motion. VOTE: *Student Representative Johnson: Yes Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes MOTION PASSED UNANIMOUSLY. A resolution and proclamation were requested to be prepared honoring Harold Daubenspeck as well. H-7. Approval -- Vacation of Hayes Avenue, a 30-foot right-of-way adjacent to the north boundary of Lots 1 and 4, dedicated by Youngblood -Warren Subdivision (Plat KN 628); within Section 31, Township 6 North, Range KENAI CITYCOUNCIL MEETING JUNE 4, 2008 PAGE 12 11 West, Seward Meridian, Alaska; within the City of Kenai and the Kenai Peninsula Borough; KPB File 2008-101. With taking no action, council would not object to the vacation. Council took no action. ITEM I: COMMISSION/COMMITTEE REPORTS I-l. Council on Aging -- Council Member Eldridge reported a meeting would be held on Thursday, June 12, 2008. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on Thursday, June 12, 2008. I-3. Harbor Commission -- Council Member Boyle reported the next meeting would be held on Monday, June 9, 2008. I-4. Library Commission -- Council Member Smalley reported a meeting was held on June 3, 2008 and reviewed the discussions and actions taken. I-5. Parks & Recreation Commission -- Council Member Eldridge reported the next meeting would be held on Thursday, July 3, 2008. I-6. Planning & Zoning Commission -- Mayor Porter noted the minutes of the May 28, 2008 meeting were included in the packet and reviewed actions taken. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swarner noted the planting day was scheduled for Saturday, June 7. I-7b. Alaska Municipal League Report -- Council Member Smalley reported the summer meeting would be in Wrangell and he planned on attending. I-7e. Mini -Grant Steering Committee -- Mayor Porter reported on grant awards made at the May 22, 2008 meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following items: o She attended the Wounded Warriors barbecue. • There were two new businesses in Kenai, i.e. Sharp's Billiards and Alaska Direct tile and Stone. • The Boy Scout Troop would no longer be putting out flags along the highway. City Manager Koch noted, in the absence of another volunteer group doing this service, the city would take over the responsibility. Clerk Freas was requested to prepare a thank -you letter to the Boy Scout Troop for the Mayor's signature. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 13 • Referring to the Tri-Borough Commission to the Governor and Legislature added to the packet relating to the Alaska natural gas pipeline, council had no objection to a similar letter being prepared with all council signatures and sent. • A "Freedom Salute" for returning National Guard troops was being planned with a parade and service in Soldoma. Council had no objections to a request to provide a cake for the occasion. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch reported the following: • In August, amounts raised at a college fundraiser to donate to senior meals would be known. • Orange fencing had been installed at the north beach to protect the dunes. Administration would be investigating placement of elevated walkways over the dunes, with platforms and signage as 60/25 funding was available through NRCS. • He met with representatives of the University of Alaska related to the term of lease; additional meetings would be held; the University agreed to respond to the City's January letter; and, a condition survey was performed of the property and building. • The irrigation project specifications for Leif Hansen Memorial Park would be available in the following week with a bid award before council in July. • Bid approval for the Marathon Road project would be in July. • Due to the cost of fuel, the two camp host applicants would not be making the trip, however the search was continuing. • The court system contacted him and discussed leasing of the city -owned lot adjacent.to the court house (east side) to use for parking; the court system received funding through the Legislature; the city would construct a parking area with a long- term lease (35-55 years); rent would be about $3,500 a year; the paving would be an airport project; and, the airport would receive the benefit of the lease. Council consensus was supportive. • A bear was shot in VIP Subdivision; lots of bear activity in the 3W and Vahalla Subdivisions; and, administration may need to enact a bear safety area. • Research was being done with regard to the Kenai River Special Management Area boundary and when it was set. Information will be brought before council. • He spoke with representatives of the Denali Commission related to possible grant funding available in 2009. • In the next 60 days, he would like to discuss priorities with council as it was imperative to get them included in the Governor's budget. He would be bringing something back to council for consideration. Mayor Porter noted her support of purchasing fertilizer locally as well as appreciation with regard to Koeh's no -idle memorandum. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 14 Porter noted an opening on the Planning & Zoning Commission and the application of Kurt Rogers. Concern was expressed that since Rogers had appeared before council about issues in his residence area, whether he could have a conflict if there are future issues in that area. City Attorney Graves stated Rogers could have a conflict of interest on specific issues that he had testified on in the past. Council Member Ross stated he believed it was important those issues be addressed before Rogers was seated. Mayor Porter stated she would speak with Rogers. K-2. Attorney -- City Attorney Graves reported the following: • He had received some comments with regard to the proposed ethics ordinance. • He and City Clerk Freas were working on financial statement form and resolution to place the question on the ballot. The items would be included in the next packet. K-3. City Clerk -- No report. ITEM L: DISCUSSION L-1. I Citizens (five minutes) Bob Peters, Old Town, Kenai -- Commented on the fencing placed to protect the dunes and a recent newspaper article related to the Kenai beach use. L-2. Council Swarner -- Stated she was glad to be back from her vacation and was happy to see the summer banners being placed. Smalley -- Stated he also was glad to see the banners being placed and welcomed Student Representative Johnson. Eldridge -- Welcomed Johnson and Swarner (back from her trip). Johnson -- Stated she was excited to be the new student representative and planned to continue until she graduated from high school. She noted she would be gone for two months and back after August 9. Ross -- Welcomed Johnson. Molloy -- Welcomed Johnson. Boyle -- Welcomed Johnson; thanked administration for cooperating with the Work Force Development Center's project; and, suggested an ordinance be considered to protect the south beach dunes, similar to the one introduced for protecting the north beach dunes. KENAI CITY COUNCIL MEETING JUNE 4, 2008 PAGE 15 Porter -- Thanked administration for the city hall parking lot being cleaned and handrails painted. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) -- Annual Evaluation of City Clerk and City Manager MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai concerning matters that could tend to prejudice the reputation and character of another -- to continue annual evaluations of the City Manager and City Clerk, with Council speaking with the City Clerk first and then the City Manager. Council Member Molloy SECONDED the motion. VOTE: Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes r� CONVENED TO EXECUTIVE SESSION: 8:45 P.M. RECONVENED TO COUNCIL MEETING: 11:38 P.M. Council Member Swarner reported in the executive session council discussed the evaluations of the City Manager and City Clerk and council directs an ordinance be prepared reflecting City Attorney, City Clerk and City Manager salaries. There being no further business before the Council, the meeting adjourned at approximately 11:40 p.m. Minutes submitted by: �— f L u'mca Carol L. Freas, City Clerk +aft Ea *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.