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HomeMy WebLinkAbout2008-05-07 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING MAY 7, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httt2: / /wcvw.ci.kenai.ak.us 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) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 412108 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) 2. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. 3. Ordinance No. 2301-2008 -- Amending KMC 23.50.01.0(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. 4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. 5. Resolution No. 2008-23 -- Authorizing Sharing Cost Savings From the Calendar Year 2007 Health Insurance Plan with Employees. 6. Resolution No. 2008-24 -- Transferring $13,200 in the General Fund to Pay Taxes Due on Mommsen Subdivision Property Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039- 103-01 Through 039-103-053). 7. Resolution No. 2008-25 -- Repealing Resolution No. 2008-10 Which Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment. ITEM F: MINUTES 1. *Regular Meeting of April 16, 2008. 2. *Notes of April 14, 2008 Budget Work Session. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. *Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. *Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. 6. *Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. 7. *Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. 8. *Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. 9. *Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi -Purpose Facility. 10. *Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. 11. Approval -- Security Assignment of Lease/Lot 3, Block 3, Cook Inlet Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and John C. Parker and Marie L. Parker. 12. Approval -- Security Assignment of Lease/Lots 7 &, 8, Block 1 F.B.O. Subdivision/LOROC LLC. 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 C. Mini -Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM Id: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION ('Phis item lists legislation which will be addressed at a later date as noted.) -- Annual Evaluations of City Clerk and City Attorney. ITEM N: KENAI CITY COUNCIL - REGULAR MEETING MAY 7, 2008 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htti_p://www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES • • SS Mayor Porter called the meeting to order at approximately 7:04 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: Hal Sn Robert Mike Absent was: Linda Swarner, Vice Mayor. A quorum was present. Rick Ross Pat Porter Also present: Brittany Harding, Student Representative A-3. AGENDA APPROVAL Lay down information included: Item E-4, Substitute Attachments B and C (Corrected Maps) of Ordinance No. 2302- 2008. CLERK'S REPORT -- Additional Information related to "Government Page" Report Fc�[iy`�1€i7 Council Member Molloy MOVED to approve the agenda with the requested additions and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 2 Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS -- (10 minutes) Mayor Porter presented a desk clock to Fred Macvie on behalf of the council, administration and citizens of Kenai honoring his retirement from 18 years of service to the city at the Wastewater Treatment Plant. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) -- 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. 2287-2008 -- Amending KMC 14.20.200 (Accessory Structures) by 1) Adding a Section Restricting the Use or Storage of Conex-Type Structures in the Central Commercial and Residential Zones and 2) Requiring Accessory Structures be Built to Match the Primary Building on the Lot and 3) Providing for Temporary Use of Conex-Type Structures During Construction Projects and Incorporating the Existing Requirement that Accessory Structures Over 120-Square Feet Require a Building Permit. (Clerk's Note: A motion to adopt Ordinance No. 2287-2008 was offered at the March 19, 2008 and the ordinance was then postponed. At the 412108 council meeting, the ordinance was sent back to the Planning & Zoning Commission for additional review/recommendation and postponed until the May 7, 2008 council meeting for further council consideration. The motion to adopt is active.) Council Member Ross reviewed the minutes of the April 23, 2008 Planning & Zoning Commission which were included in the packet, reported the Commissioners all opposed the ordinance, and the chair urged council to fail the ordinance. Ross suggested the ordinance be defeated in order for the Commission to begin again and there would less confusion. The floor was opened for public hearing. Bob Peters, Old Town, Kenai -- Stated his objection to the ordinance and felt the ordinance should not proceed. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 3 There being no one else wishing to be heard, the public hearing was closed. *Student Representative Harding: No Swarner Absent Smalley No Eldridge No Ross No Molloy No j Boyle No Porter I No MOTION UNANIMOUSLY FAILED. E-2. Ordinance No. 2300-2008 -- Donating Certain Foreclosed City -Owned Properties Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039-103-01 Through 039-103-05), to Amundsen Educational Center for Construction of Housing. MOTION: Council Member Eldridge MOVED for the adoption of Ordinance No. 2300-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Mark Hill, CEO, Amundsen Educational Center -- Hill gave a brief description of the housing program, noting the students are mostly from rural Alaska; the vocational education program teaches carpentry while building homes; they have built three homes in Kenai; the houses are then sold and profits used to build more homes; they have 12 employees; all the classes are authorized through the State, etc. There being no one else wishing to be heard, the public hearing was closed. It was suggested interest on the taxes should be included. VOTE: *Student Representative Harding: Yes Swarner Ross Absent Smalle_ Yes_ Yes Molloy Yes Eldridge Boyle Yes Yes Porter Yes MOTION PASSED KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 4 E-3. Ordinance No. 2301-2008 -- Amending KMC 23.50.010(b) by Adding Two Class Titles to the Employee Classification Plan and Amending KMC 23.55.030(b)(1) to Allow the Police Chief to be Eligible for Advanced Certification Pay. PT631romm Council Member Eldridge MOVED for adoption of Ordinance No. 2301-2008 and 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. Administration reviewed an explanation of the position changes, noting they were reclassifications of established positions. VOTE: *Student Representative Harding: Yes Swarner Absent Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2302-2008 -- Adopting Updated Zoning and Land Use Maps for the Comprehensive Plan for the City of Kenai. Council Member Molloy MOVED for adoption of Ordinance No. 2302-2008. Council Member Eldridge SECONDED the motion (noting inclusion of corrected Attachments B and C to be included). 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 Harding: Yes KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 5 Swarner Absent Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes � • • 41 k! • E-5. Resolution No. 2008-23 -- Authorizing Sharing Cost Savings From the Calendar Year 2007 Health Insurance Plan with Employees. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2008-23 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. City Manager Koch referred to a memorandum included in the packet explaining the cost savings distribution to employees request related to the 2007 health insurance plan. VOTE: There were no objections. SO ORDERED. E-6. Resolution No. 2008-24 -- Transferring $13,200 in the General Fund to Pay Taxes Due on Mommsen Subdivision Property Described as Lots 1 - 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2 (Parcels 039- 103-01 Through 039-103-053). Council Member Eldridge MOVED to approve Resolution No. 2008-24 and 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. IJ) Coil wl Council Member Smalley MOVED to amend the last line of the title from "Parcels 039- 103-01 through 03-103-053" to Parcels 039-103-01 through 0339-103-05" (deleting the last "3"). Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 6 *Student Representative Harding: Yes Swarner Absent j Smalley Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes Porter Yes j u r • � • : uf 5f�" Council Member Molloy MOVED to amend Resolution No. 2008-24 in the fourth whereas, adding after the word taxes, "...and will obtain security for repayment of the taxes and an appropriate rate of interest on the obligation." Council Member Boyle SECONDED the motion. Council Member Ross requested the question be divided and there were no objections stated from the maker and/or the second of the motion. The first division of the question was to add "and will obtain security for repayment of the taxes" VOTE ON AMENDMENT (FIRST PART): *Student Representative Harding: Yes Swarner Absent Smalle Yes Eldridge Yes Ross Yes Molloy Yes Bo le Yes � Porter Yes � MOTION PASSED UNANIMOUSLY. The second division of the question was to add "...and an appropriate rate of interest on the obligation" after the first amendment, "...and will obtain security for repayment of the taxes..." Council Member Molloy stated he believed the payment of interest would be advantageous to the city, Center, and the citizens of the city. It was also noted, the properties had been foreclosed upon many years ago and had been offered for sale many times over the years, with no interest shown. VOTE ON ► • • PARJ KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 7 *Student Representative Harding: No Swarner Ross :::::::-No I Absent Smalley Molloy Yes Yes Eldridge Boyle No Yes Porter I No MOTION FAILED. VOTE ON MAIN MOTION, AS AMENDED: *Student Representative Harding: Yes Swarner TAbsent Smalley Yes Eldridge Yes j Ross Yes Molloy No Boyle Yes Porter Yes 1T(iyi1T•]i 7.�9i71 E-7. Resolution No. 2008-25 -- Repealing Resolution No. 2008-10 Which Awarded a Sole Source Contract to Procomm Alaska LLC to Equip the Kenai Fire Department with Hand Held Radios and Award a Sole Source Contract to Motorola Inc. in the Amount Not to Exceed $54,000 to Purchase Hand Held Radio Equipment. Council Member Smalley MOVED to adopt Resolution No. 2008-25 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. 1 There were no objections to the request for unanimous consent. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of April 16, 2008 -- Approved by consent agenda. F-2. Notes of April 14, 2008 Budget Work Session -- Approved by consent agenda. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 8 ITEM G: IV0NJii. 'ARM H-1. Bills to be Ratified MOTION: -- None. Council Member Smalley MOVED to ratify the bills and Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. ;4Z�3L11 There were no objections. SO ORDERED. H-3. Ordinance No. 2303-2008 -- Enacting KMC 21.05.085 Establishing a Fuel Flowage Fee of Three Cents ($0.03) Per Gallon of Fuel Delivered to the Kenai Municipal Airport. Introduced with approval of consent agenda. H-4. Ordinance No. 2304-2008 -- Amending the Official Kenai Zoning Map by Rezoning Approximately Six (6) Acres From Suburban Residential, Conservation, and Rural Residential to Rural Residential. Introduced with approval of consent agenda. H-5. Ordinance No. 2305-2008 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Special Revenue Fund and the Airport Storage Building Capital Project Fund for Bid and Construction Phase Engineering. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 9 Introduced with approval of consent agenda. H-6. Ordinance No. 2306-2008-- Increasing Estimated Revenues and Appropriations by $70,000 in the Dock Improvement Capital Project Fund for Culvert Replacement and Paving. Introduced with approval of consent agenda. H-7. Ordinance No. 2307-2008 -- Transferring $71,731 in the General Fund and Increasing Estimated Revenues and Appropriations by $71,731 in the Visitors Center Heating System Capital Project Fund to Replace the Visitors Center Heating System. Introduced with approval of consent agenda. H-8. Ordinance No. 2308-2008 -- Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund Dock Department for Fuel. Introduced with approval of consent agenda. H-9. Ordinance No. 2309-2008 -- Increasing Estimated Revenues and Appropriations by $11,457 in the General Fund for Professional Services at the Multi -Purpose Facility. Introduced with approval of consent agenda. H-10. Ordinance No. 2310-2008 -- Amending KMC 5.35.040 by Increasing the Minimum Distance Between Oil and Gas Well Drilling Locations and Residential or Commercial Buildings From 200 to 600 Feet Unless the Written Permission of the Owner is Obtained. Introduced with approval of consent agenda. H-11. Approval -- Security Assignment of Lease/Lot 3, Block 3, Cook Inlet Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and John C. Parker and Marie L. Parker. Council Member Molloy MOVED for approval of the security assignment of lease for Lot 3, Block 3, Cook Inlet Industrial Air Park/Integrated Account Management, Inc. d/b/a Park and Associates and John C. Parker and Marie L. Parker. Council Member Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 10 *Student Representative Harding: Yes Swarner Absent ISmalley Yes Eldridge _ Yes Ross Yes 1 Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. H-12. Approval -- Security Assignment of Lease/Lots 7 8s 8, Block 1 F.B.O. Subdivision/LOROC LLC. Council Member Smalley MOVED to approve the security assignment of lease for Lots 7 & 8, Block 1, FBO Subdivision/LOROC LLC. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Harding: Yes Swarner Absent Smalley Yes Eldridge Yes Ross Yes Mo110 Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting would be held on May 8, 2008. I-2. Airport Commission -- Council Member Molloy reported the next meeting would be held on May 8, 2008 and reminded all of the Air Fair scheduled for Saturday, May 10. I-3. Harbor Commission -- Boyle reported the next meeting would be held on Monday, May 12. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 11 I-4. Library Commission -- Council Member Smalley reported a meeting was held May 6 and reviewed discussions/actions taken. I-5. Parks & Recreation Commission -- Council Member Eldridge reported the next meeting would be held July 3, 2008. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the April 23, 2008 meeting minutes which were included in the packet. I-7. Miscellaneous Commissions I-7a. Beautification Committee -- would be held on May 13, 2008. and Committees Mayor Porter reported the next meeting I-7b. Alaska Municipal League Report -- Smalley reported a teleconference was held on May 7, however he was unable to attend. I-7c. Mini -Grant Steering Committee -- Porter reported the next meeting would be held on May 22. ITEM J: REPORT OF THE MAYOR -- Mayor Porter reported the following: • Introduced students from Kenai Central High School present in the audience. • Attended a meeting related to the State of Alaska 50th anniversary and planning of events to take place in Kenai, working with the borough, and with events to begin on July 3. • Attended the "Caring for the Kenai" banquet where Lincoln Wensley was awarded first place for his "Protect the Dunes" project. • Attended the Red Hat Parade. Attended a luncheon hosted by British Petroleum and ConocoPhillips. Welcomed bowlers to the State Bowling Tournament held in Kenai. • Attended a potluck held in honor of Fred Maevie and Jack La Shot's retirement from city employment. • She cut the ribbon at the opening of the Aspen Hotel. Porter reported Lincoln Wensley won first place in the "Caring for the Kenai" contest with his "Protect the Dunes" project. She added, Wensley applied for mini -grant funding in the amount of $1,500 for reproducing his presentation on to DVDs, printing of brochures, etc. After speaking with Wensley and his parents, she suggested he request funds from Fish & Game and Representative Olson for a portion of the costs. Porter requested council's approval of a $500 award to Wensley in order for him to move ahead with reproducing DVD's, purchase of mailers, etc. for distribution. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 12 Council Member Boyle MOVED to appropriate $500 to the project from the Legislative budget. Council Member Smalley SECONDED the motion. V4 *Student Representative Harding: Yes Sw_arner Absent Smalley Yes Eldridge Yes ,,—Ross Yes Molloy Yes Boyle Yes Porter Yes —� MOTION PASSED UNANIMOUSLY. ITEM K. ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • He attended a CityLink meeting and learned a change in the structure was instituted; they wanted to know if the City of Kenai would be interested in an exchange of information with a Russian city; and, they would be in contact. • He went to Washington, DC and met with all the members of the congressional delegation and spoke to them with regard to the bluff erosion project, as well as other issues affecting the city. • He, City Attorney Graves, and City Clerk Freas signed the paperwork on the Wal-Mart property purchase on May 5, 2008. The funds were transferred. • He had been speaking with representatives of the Governor's Office related to funding requests included in SB211. • He would be meeting with representatives of the Department of Transportation related to the Marathon Road realignment. • I He would be meeting with representatives of the Rasmuson Foundation during their upcoming site visit at the library. • The Corps of Engineers was waiting for the Kenai Peninsula Borough to finalize its assessments in order to complete their report. The City would receive a copy of the draft, after which city personnel would meet with Corps personnel to identify the project as a priority of the Corps. • He discussed plans for the Wal-Mart development with regard to the wetland issue and noted, development of that area would need to wait until after the bird nesting season ends in June. Other comments included: • A request for a report at the next council meeting related to the Boys 8s Girls Club and the Recreation Center being closed on Sundays. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 13 Acquiring a camp host for Municipal Park was progressing. K-2. Attorney -- City Attorney Graves reported the following: • Noted the draft ordinance to establish a stipend to be paid to the Planning 8s Zoning Commission was included in the packet as an information item, as well as the draft ordinance to raise the council/mayor stipends. He requested council direction for introduction of the ordinances. • The north beach dunes trespass ordinance would be included in the next packet for introduction in order for it to be effective prior to the dip net season if passed. A brief discussion took place related to the draft ethics ordinance. Graves noted, a copy of the draft ordinance was being included in each of the commission/committee meeting packets, as well as had been forwarded to council and employees for review. Any comments received would be included in the packet with the ordinance. A request for the development of a City of Kenai conflict of interest form was made, as well as a resolution to opt out of the Alaska Public Offices Commission (APOC) reporting be included on the June 18, 2008 council agenda for consideration. K-3. City Clerk -- City Clerk Freas noted the following: • Reviewed information included in the packet related to the submission of a special assessment petition for paving of Ames Road South of Beaver Loop Road. She noted, the number of signatures was sufficient and the information was forwarded to the city manager for review and his report (required by code) would be due to council within sixty days. • Referred to information included in the packet related to the investigation of including a government page in the Peninsula Clarion to include meeting information for the City of Kenai, City of Soldotna, and Kenai Peninsula Borough. Additional information received during the afternoon was also reviewed. Freas noted, in order to proceed with the page, all three of the government entities would need to participate and the City of Soldotna and Borough had not yet received the information to consider. • Noted there had been a number of discussions by city clerks related to opting out of APOC reporting requirements. • Noted the inclusion of a commission/committee attendance report in the packet for council's review. ITEM L: DISCUSSION L-1. Citizens (five minutes) KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 14 Natasha Ala -- Introduced herself as the Executive Director of the Kenai Visitors and Convention Bureau and invited all to the summer art show reception and distributed posters of the event. Fred Braun, Vice President, KVCB -- Urged council and city officials to look closely at the requirements for the mechanical system to be replaced at the Center, noting humidity control was critical for the protection of the artifacts and exhibits in the museum portion of the building. Braun also gave a short report related to real estate markets in the area. Bob Peters, Old Town, Kenai -- Peters suggested the newspaper do public service ads for the governments; stated he was impressed with the newsletter recently mailed; and, thanked City Manager Koch for his work on the bluff erosion and library projects. L-2. Council -- Boyle -- Stated he agreed with Braun with regard to the humidity control concerns, is the city's responsibility to take care of the building and, if necessary, at additional cost to be sure the system is appropriate for the need. Molloy -- Received comments encouraging the city to do a better job in maintenance of roads, i.e. crack -sealing Forest Drive. Ross -- No comments. Harding -- No comments. Eldridge -- ® Reported he attended a meeting related to the improvements to Kalifornsky Beach Road and noted, the road would only be widened, without turning lanes or bike path. He added, culverts would also be replaced with the road being closed during the culvert replacements. Y Noted the Economic Development District changed its by-laws to require only one designated city representative to the board, i.e. elected or employee of the city. Smalley -- • Reported a meeting would be held on Monday, at the library to discuss development of a slogan for the library expansion. • Stated concerns related to the closure of Kalifornsky Beach Road during the dip net fishery, i.e. south beach access. • Suggested the insurance policy covering the Visitors Center exhibits might require a proper heating/humidity system. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 15 Porter -- ® Thanked city administration in facilitating the sale of the Wal-Mart property. • Reported the Kenai Community Foundation received its 501(C)(3) status. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) EXECUTIVE SESSION -- Annual Evaluations of City Clerk and City Attorney. Council Member Molloy MOVED to convene in an executive session of the Council of the City of Kenai concerning matters that tend to prejudice the reputation and character of another -- to conduct annual evaluations of the City Clerk and City Attorney. Council will meet first together and then with the City Attorney and then with the City Clerk. Council Member Eldridge SECONDED the motion. VOTE: Swarner Absent Smalley 1 Yes Eldridge Yes Ross Yesi Molloy Yes Boyle IYes Porter Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESION BEGAN: 8:58 P.M. BACK TO ORDER: 10:52 P.M. Council Member Molloy reported the council met in executive session regarding the evaluation of the City Attorney. The City Attorney received a positive evaluation and the Mayor and Vice Mayor would meet with the City Attorney to go over the specifics of the evaluation. Council Member Molloy reported the council met in executive session regarding the evaluation of the City Clerk. The City Clerk received a positive evaluation and the Mayor and Vice Mayor would meet with the City Clerk to go over the specifics of the evaluation. There being no further business before the Council, the meeting adjourned at approximately 10:53 p.m. KENAI CITY COUNCIL MEETING MAY 7, 2008 PAGE 16 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. r n IA LE 1, v