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HomeMy WebLinkAbout2009-08-05 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 5, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.alc.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: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by 5250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by 5250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting. The motion to adopt is active.) a. Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by $250,000 in the General and Library Expansion Capital Projects Funds for Capital Improvements. 2. Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai. 3. Ordinance No. 2425 -2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation and Placement of Communications Towers Within the City of Kenai and Amending the Land Use Table in KMC 14.22.010 to Provide that Communications Towers are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones. 4. Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by $2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 5. Resolution No. 2009 -46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. 6. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. 7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library. 8. Resolution No. 2009 -49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. 9. Resolution No. 2009 -50 Adopting an Identity Theft Policy. 10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery. ITEM E: MINUTES 1. *Regular Meeting of July 15, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2427 -2009 Amending KMC 21.05.085 Amending the Fuel Flowage Fee to Exclude Fuel Delivered to the Airport Solely for Transport Off the Airport for Delivery or Resale to Another Entity. 4. *Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) That Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. 5. *Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 6. *Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 7. *Ordinance No. 2431 -2009 Increasing Estimated Revenues and Appropriations by $60,000 in the Airport fund and In the Airport Improvement Capital Project Fund for a Supplemental Environmental Assessment at the Kenai Airport's Float Plane Basin. 8. *Ordinance No. 2432 -2009 Increasing Estimated Revenues and Appropriations by $19,928 in the Senior Citizen Title III Grant Fund for the Purchase of New Dining Room Chairs. 9. Discussion Donation/ Boys Girls Club of the Kenai Peninsula. 10. Discussion Position Creation /Capital Projects Manager ITEM H: 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 d. Advisory Cemetery Committee e. Kenai Convention Visitors Bureau f. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2396 -2009 Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396 -2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Personnel Matter ITEM M: ADJOURNMENT Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge Rick Ross, Vice Mayor Robert Molloy ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING AUGUST 5, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hap /Lwww ci.kenai.ak.us MINUTES 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: Absent was: Mike Boyle A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: MOVE: D -7, Resolution No. 2009 -48 (in memory of Emily DeForest) and D -8, Resolution No. 2009 -49 (in memory of George Navarre) to be heard prior to D -1, Ordinance No. 2398 -2009. MOTION: Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Boyle Absent Porter Yes Smalley f Yes Moore Yes Eldridge Yes Ross Yes 1 Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 2 Council Member Smalley MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) None. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Scott Anderson, 2855 Watergate Way, Kenai Commented on wind generation and placement of turbines within the city. Mike Navarre, 37397 Cetacea Way, Kenai Reported on the proposed Central Peninsula Multi -Use Facility, noting the planning committee requested the Assembly to table the ordinances in order to develop more support before bringing the issue to the voters. The ordinance was tabled by the Assembly. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. D -a. MOTION TO AMEND: VOTE: Ordinance No. 2398 -2009 Decreasing Estimated Revenues and Appropriations by $250,000 in the Street and Sewer Capital Projects and Increasing Estimated Revenues and Appropriations by $250,000 in the Library Expansion Capital Projects Fund for Capital Improvements. (Clerk's Note: Ordinance No. 2398 -2009 was postponed, no time certain, at the May 6, 2009 council meeting. The motion to adopt is active.) Substitute Ordinance No. 2398 -2009 Increasing Estimated Revenues and Appropriations by S250,000 in the General and Library Expansion Capital Projects Funds for Capital Improvements. Council Member Smalley MOVED to amend Ordinance No. 2398 -2009 by substituting with Ordinance No. 2398 -2009, the substitute. Council Member Eldridge SECONDED the motion. *Student Representative Johnson: Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 3 MOTION PASSED UNANIMOUSLY. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE ON MAIN AMENDED MOTION: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2424 -2009 Increasing Estimated Revenues and Appropriations by $426.25 in the General Fund for the Police Department to Purchase a New Glock Duty Pistol From Asset Forfeiture funds Provided to the City of Kenai. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2424 -2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2425 -2009 Enacting KMC 14.20.255 Establishing a Process for the Regulation and Placement of Communications Towers Within the City of Kenai and Amending the Land Use Table in KMC 14.22.010 to Provide that Communications Towers are a Conditional Use in the Rural Residential (RR) and Central Mixed Use (CMU) Zones. Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 4 MOTION: Council Member Molloy MOVED to enact Ordinance No. 2425 -2009 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Appreciation was expressed to administration for the memorandum included in the packet, explaining the history of the development. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2426 -2009 Increasing Estimated Revenues and Appropriations by $2,281.00 for a City Clerk Pay and Benefits Increase in Excess of Originally Budgeted Amounts. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2426 -2009 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 5 D -5. Resolution No. 2009 -46 Adopting Minimum Standard Requirements for Aeronautical Services for the Kenai Municipal Airport. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009 -46 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for 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. D -6. Resolution No. 2009 -47 Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal Code 7.15.060. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009 -46 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Administration explained there were some items belonging to the University and would be removed from the site as they were not part of the sale. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2009 -48 In Memory of Emily DeForest and Commending Her Contributions and Commitments to the City of Kenai and Kenai Community Library. The resolution was moved and heard as the first public hearing. Mayor Porter read the resolution into the record. MOTION: Council Member Smalley MOVED for approval of Resolution No. 2009 -49 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 6 The floor was opened for 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. D 8. Resolution No. 2009 49 In Memory of George A. Navarre and His Contributions and Commitments to the City of Kenai and Surrounding Community. The resolution was moved and heard as the second public hearing. Mayor Porter read the resolution into the record. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -49 and requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion. The floor was opened for 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. Mayor Porter presented a copy of the resolution to Mike and Tim Navarre who were present. Tim Navarre thanked the council for the presentation on behalf of the family. Council Member /Assembly Member Smalley reported, at the August 4, 2009 Borough Assembly meeting, the Assembly renamed the borough building, the George A. Navarre Borough Administration Building in honor of Mr. Navarre's endeavors in advancing the building project. D 9. Resolution No. 2009 50 Adopting an Identity Theft Policy. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009 -46 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: Boyle Absent Porter Yes Yes Smalley Ross Yes Yes Moore Yes Eldridge Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 7 There were no objections. SO ORDERED. D -10. Resolution No. 2009 -51 Authorizing a Budget Transfer Within the General Fund, Recreation, Parks, and Beautification Departments for Installation of Water Service to the City Cemetery. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2009 -46 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Administration explained, when a plan was developed for repairs to Meeks' Crossing, it would be brought back to council. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. *Regular Meeting of July 15, 2009 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 8 G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Eldridge MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2427 -2009 Amending KMC 21.05.085 Amending the Fuel Flowage Fee to Exclude Fuel Delivered to the Airport Solely for Transport Off the Airport for Delivery or Resale to Another Entity. Introduced with approval of the consent agenda. G -4. Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Dollars ($5,000) are Accomplished; and, 2) Provide that Budgetary Control for a Capital Project is Done at the Project Level Rather Than the Object Level; and, 3) That Object Level Budget Transfers in Capital Projects in Excess of Five Thousand Dollars ($5,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. Introduced with approval of the consent agenda. G -5. Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by S6,350 in the General Fund for a Library Grant. Introduced with approval of the consent agenda. G -6. Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. Introduced with approval of the consent agenda. G -7. Ordinance No. 2431 -2009 Increasing Estimated Revenues and Appropriations by $60,000 in the Airport fund and In the Airport Improvement Capital Project Fund for a Supplemental Environmental Assessment at the Kenai Airport's Float Plane Basin. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 9 Introduced with approval of the consent agenda. G 8. Ordinance No. 2432 2009 Increasing Estimated Revenues and Appropriations by $19,928 in the Senior Citizen Title III Grant Fund for the Purchase of New Dining Room Chairs. Introduced with approval of the consent agenda. G 9. Discussion Donation /Boys Girls Club of the Kenai Peninsula. City Manager Koch reviewed his memorandum included in the packet, and noted, upon council's direction, he would bring a resolution back to council to formally approve the donation. James Clark, 47714 Kenai Spur Highway, Kenai Clark introduced himself as the Interim Executive Director of the Boys Girls Club of the Kenai Peninsula. Clark stated he had reviewed the request for proposal but had not seen the memorandum or requirements which had been reviewed. Clark noted, the agreement /requirements would be specific to the Kenai Clubhouse and added, quarterly reporting, etc. would not be a problem. Council consensus was for a resolution to proceed with the donation brought forward for public hearing and council consideration. G 10. Discussion Position Creation /Capital Projects Manager Koch referred to his memorandum included in the packet in which he presented and discussed his recommendations to create a Capital Projects Manager position to be responsible for the management of all City capital projects; the person would report directly to the City Manager; and, it would be a full -time benefited position. In addition, the minimum requirements for the position would be a degree or eight years of project manager experience, if no degree; the position would have grant writing duties; and, the position would be put into effect in the current budget year. MOTION: Council Member Eldridge MOVED for the City Manager to proceed with providing the ordinance to create a capital projects manager position. Council Member Ross SECONDED the motion. VOTE: *Student Representative Johnson: Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 10 MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS 11-1. Council on Aging Council Member Ross reported the next meeting was scheduled for August 13, 2009. H -2. Airport Commission Council Member Eldridge reported the next meeting was scheduled for August 13, 2009. H -3. Harbor Commission Council Member Smalley reported the next meeting was scheduled for August 10, 2009. H -4. Library Commission Council Member Molloy reported on actions and discussions held at the August 4, 2009 meeting. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled to be held on October 1, 2009. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the July 22, 2009 commission meeting which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter reported there was no quorum available for the July 14, 2009 meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported the summer AML Legislative meeting would be held from August 12 -14 in Palmer. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reported there was no quorum available for the July 20, 2009 meeting. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported on discussions and actions taken at the meeting for Council Member Boyle. H -7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley gave a brief report of actions taken at the August 4, 2009 Borough Assembly meeting. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 11 ITEM I: REPORT OF THE MAYOR Mayor Porter reported the following items: She visited two new businesses, i.e. a beauty shop and tattoo parlor. Stated concerns there had a number of commission /committee meetings meeting that have had no quorums in order to do business. Noted commendation letters included in the packet for two of the Fire Department personnel. Requested a donation be made to the Lu Young children's Fund in remembrance of Lu Young, wife of Congressman Don Young. Council stated no objections. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch noted the following: He agreed that a donation in remembrance of Lu Young was appropriate. Had completed a municipal matching grant (wastewater) which would be forwarded at the beginning of the next week. The old cabins from the Orthodox Church property were relocated to the new site. A pavement cut would be made on Marathon Road to extend the water /sewer lines to the Walmart property on August 17, 2009. When next meeting with the Governor, he would discuss recommended changes to the regulations to not allow cleaning of fish on the beach during the dip net fishery. The ribbon cutting for the new soccer fields would take place on Friday, August 7, 2009 at 6:30 p.m. and the Alaska State Cup Soccer Tournament would begin on Monday. A resolution would be introduced at the Assembly in support of the City's bluff erosion project. He had also discussed with Borough Administration to allow the City to access the Borough's hard rock quarries and remove rock at no cost. J 2. Attorney No report. A brief discussion followed and it was noted, the new City Attorney, Krista Stearnes, would begin work on August 24 and his exit date would be August 31, 2009. Council scheduled an exit interview with City Attorney Graves for the August 19, 2009 council meeting. J 3. City Clerk Clerk Freas reported the following items: Referred to her memorandum included in the packet related to Ordinance No. 2347 -2008, agenda preparation, etc. She noted, the Substitute A version of the ordinance, which had been amended and passed, was missing the paragraph. Freas requested direction from council whether to forward an ordinance for consideration to insert the missing paragraph. Council directed an ordinance be brought forward. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 12 Referred to her memorandum included in the packet related to whether council wished to have a ballot summary or pro /con statement included in the Borough's voter pamphlet. Council agreed there would be no pro /con statement to include in the voter pamphlet and a draft of the ballot summary should be brought to council for review and consideration at the August 19, 2009 council meeting. Nominating petition packets were available through August 17, 2009. The Division of Elections had received notice from the Department of Justice that the location of the Kenai Precinct No. 2 had been changed from the Old Courthouse to the Challenger Center of Alaska. It was noted, the summary statement should be unbiased, there would be no cost to the city to have the ballot summary in the pamphlet; and, there was the possibility the ballot summary could be used as a summary statement flyer. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, Old Town, Kenai Questioned why the applicant for placement on the Library Commission had not been approved. Mayor Porter stated she would be meeting with the applicant first prior to her making any recommendation for appointment. K Council Molloy Noted the letter included in the packet thanking the Kenai Fire Department EMT's for their assistance Noted the Library Commission celebrated Commissioner Graves' birthday at its Tuesday meeting. Commended Council Student Representative Johnson for attending summer council meetings. Ross No comments. Johnson No comments. Eldridge Commented on the Walmart project, attaching outside paneling had begun. Moore Commented the upcoming soccer tournament would be a great accomplishment for the city. Smalley No comments. Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy 1 Yes KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 13 ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2362 -2008 Amending the Official Kenai Zoning Map by Rezoning Tract A, Papa Joe's Subdivision, Chumley Replat From Rural Residential 1 (RR1) to Limited Commercial (LC). Ordinance No. 2396 -2009 Amending the Kenai Municipal Code with the Addition of Chapter 10.40, Entitled, "Release of Public Records" and "Regulations Concerning Public Record Inspections." (Clerk's Note: Ordinance No. 2396 -2009 was substituted and postponed, no time certain, at the May 20, 2009 council meeting. The motion to adopt is active.) Ordinance No. 2412 -2009 Amending KMC 13.40.040 to Provide for a Speed Limit of Ten (10) Miles Per Hour While Driving Motorized. Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai. (Clerk's Note: At the June 3, 2009, a motion to adopt Ordinance No. 2412 -2009 was made and the ordinance was subsequently postponed, no time certain. The motion to adopt Ordinance No. 2412 -2009 is active.) EXECUTIVE SESSION Personnel Matter MOTION: Council Member Ross MOVED to convene in an executive session of the Council of the City of Kenai, to discuss a personnel issue, which by law, municipal charter, or ordinance, was required to be confidential. Council Member Smalley SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: 8:37 P.M. BACK TO ORDER: 8:57 P.M. Council Member Ross reported the council met in executive session and discussed a cost of living increase (COLA) for the city manager and directed administration to prepare a COLA increase ordinance for the city manager, effective date of July 1, 2009. KENAI CITY COUNCIL MEETING AUGUST 5, 2009 PAGE 14 Council Member Smalley reported council also discussed having future city manager contracts include verbiage to the effect that if a COLA increased is approved for employees, it would automatically include the city manager. City Attorney Graves stated he would bring an amendment forward to reflect that wording in the current city manager contract. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:00 p.m. in tes 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. A student representative may not move or second items during a council meeting. APPitOVED BY COUNCIL