Loading...
HomeMy WebLinkAbout2014-01-15 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 15, 2014 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 15, 2014, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Mayor Pat Porter Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. Also in attendance were: "Courtney Stroh, Student Representative Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk 3. Agenda Approval MOTION: Vice Mayor Ryan Marquis Brian Gabriel Tim Navarre (arrived at 7:05p) Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Bookev SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Bookey MOVED to approve the consent agenda requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the floor for public comment on consent agenda items, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. '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. B. SCHEDULED PUBLIC COMMENTS 1. William Lierman & Brandy Niclai, Alaska Permanent Capital Management Company — 2013 Investment Performance. [Clerk's Note: Twenty minutes has been requested for this presentation.] Mr. Lierman reviewed the City's account summary advising the City's investment returns have exceeded what was originally projected. Ms. Niclai provided a 2013 Market Recap, reviewed the City's portfolio, and the 2014 economic and market outlook and long term expected return. C. UNSCHEDULED PUBLIC COMMENTS — There was no one in attendance wishing to speak. D. PUBLIC HEARINGS 1. Ordinance No. 2734 -2014 — Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. MOTION: Vice Mayor Marquis MOVED to enact Ordinance No. 2734 -2014, Enacting Kenai Municipal Code 14.25.025 Telephonic Participation at Planning and Zoning Meetings, to Allow for Limited Telephonic Participation at Planning and Zoning Commission Meetings by Commissioners. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing. Jeff Twait, Chair of the Planning and Zoning Commission, advised the resolution failed by a 3/2 vote, him being on the prevailing side. Mr. Twait offered possible amendments spoke in favor of the concept. Council Member Molloy recommended all Commissioners be present in attendance for any quasi - judicial proceedings. City of Kenai Council Meeting Minutes Page 2 of 16 January 15, 2014 MOTION TO AMEND: Vice Mayor Marquis MOVED to amend Ordinance No. 2734 -2014, by deleting Section Q in its entirety. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA AMENDMENT PASSED UNANIMOUSLY. MOTION: Council Member Bookey MOVED to postpone Ordinance No. 2734 -2014 and refer it to the Planning & Zoning Commission for a recommendation to be brought back to Council at its February 5 meeting. Council Member Boyle SECONDED the motion. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 2735 -2014 — Amending Kenai Municipal Code 1.90.010 - Creation, to Provide for Mayoral Nomination with Council Confirmation Instead of Elections for Assignments of Council Member Ex- Officios to Boards Commissions and Committees of the City and Clarifying the Time for Such Nominations and Confirmation. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2735 -2014, Amending Kenai Municipal Code 1.90.010- Creation, to Provide for Mayoral Nomination with Council Confirmation Instead of Elections for Assignments of Council Member Ex- Officios to Boards Commissions and Committees of the City and Clarifying the Time for Such Nominations and Confirmation. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing. Carol Freas, Kenai resident, spoke in opposition of Ordinance No. 2735 -2014 There being no one else wishing to speak, the public hearing was closed. City of Kenai Council Meeting Minutes Page 3 of 16 January 15, 2014 MOTION TO AMEND: Council Member Bookey MOVED to amend Ordinance No. 2735 -2014, by inserting, .,after consultation with Council' after, "the Mayor" in the third sentence and by inserting, a period after, "any board, commission or committee" and by deleting the word, "who' and inserting, "After confirmation by Council, ex- officios" at the beginning of the fourth sentence before the words, "along with the Mayor." Vice Mayor Marquis SECONDED the motion. MOTION TO AMEND THE AMENDMENT: Vice Mayor Marquis MOVED to amend the amendment by inserting a new third sentence to read, 'Prior to the organizational meeting with Council, the Mayor shall consult with council on board, commission and committee assignments." and by striking the words, "after consultation with council' from the fourth sentence. Council Member Bookey SECONDED the motion. Council took a brief at ease to discuss the amendments. With the concurrence of Council Member Bookey, Marquis withdrew his motion. MOTION TO AMEND THE AMENDMENT: Vice Mayor Marquis MOVED to amend the amendment by inserting, ", or as soon thereafter as practicable," in the third sentence after the words, "At the organizational meeting of Council'. Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT TO THE AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA AMENDMENT PASSED UNANIMOUSLY. VOTE ON MAIN AMENDMENT: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Navarre NAY: Molloy "Student Representative Stroh: YEA AMENDMENT PASSED. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Bookey, Gabriel, Marquis, Navarre NAY: Molloy, Boyle "*Student Representative Stroh: YEA MOTION PASSED. City of Kenai Council Meeting Minutes Page 4 of 16 January 15, 2014 3. Ordinance No. 2736 -2014 — Accepting and Appropriating a Grant from the National Oceanic and Atmospheric Administration Passed Through the Alaska Department of Fish and Game for the Control of Invasive Reed Canary Grass along the Waterways of the Kenai Peninsula. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2736 -2014, Accepting and Appropriating a Grant from the National Oceanic and Atmospheric Administration Passed through the Alaska Department of Fish and Game for the Control of Invasive Reed Canary Grass along the Waterways of the Kenai Peninsula. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2014 -03 — Authorizing a Budget Transfer within the Airport Fund - Terminal Department. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -03, Authorizing a Budget Transfer within the Airport Fund - Terminal Department and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 5. Resolution No. 2014 -04 — Authorizing a Budget Transfer within the Personal Use Fishery Fund for 2013 Operational Overages and Remaining FY2014 Purchases. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -04, Authorizing a Budget Transfer within the Personal Use Fishery Fund for 2013 Operational Overages and Remaining FY2014 Purchases and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. City of Kenai Council Meeting Minutes Page 5 of 16 January 15, 2014 Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 6. Resolution No. 2014 -05 — Authorizing a Budget Transfer within the General Fund — Non - Departmental and Streets Departments for the Purchase of a Replacement Plow Truck. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -05, Authorizing a Budget Transfer within the General Fund — Non - Departmental and Streets Departments for the Purchase of a Replacement Plow Truck and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 7. Resolution No. 2014 -06 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -06, Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 8. Resolution No. 2014 -07 — Granting an Exception to KMC 14.10.070 - Subdivision Design Standards, and KMC 14.24.020 - Development Requirements Table, Pursuant to KMC 14.10.090- Variations and Exceptions, to Allow for a Parcel Width of Less Than Ninety Feet (90'). MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -07, Granting an Exception to KMC 14.10.070- Subdivision Design Standards, and KMC 14.24.020 - Development Requirements Table, Pursuant to KMC 14.10.090- Variations and Exceptions, to Allow for a Parcel Width of Less Than Ninety Feet (90) and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 6 of 16 January 15, 2014 Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. MOTION PASSED UNANIMOUSLY. 9. Resolution No. 2014 -08 — Authorizing the City Attorney to File Suits on Behalf of the City to Collect Delinquent Fees for City Services and Associated Penalties, Interests and Costs. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -08, Authorizing the City Attorney to File Suits on Behalf of the City to Collect Delinquent Fees for City Services and Associated Penalties, Interests and Costs and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. Council recessed from 8:35p until 8:40p. 10. Resolution No. 2014 -09 — Opposing Proposal 289 to the Alaska Board of Fish that Would Require Fish Waste from the Personal Use Fishery to be Ground Up to Three - Quarters of an Inch. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -09, Opposing Proposal 289 to the Alaska Board of Fish that Would Require Fish Waste from the Personal Use Fishery to be Ground Up to Three - Quarters of an Inch and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Council Member Navarre objected to unanimous consent. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre "Student Representative Stroh: YEA MOTION PASSED. City of Kenai Council Meeting Minutes Page 7 of 16 January 15, 2014 11. Resolution No. 2014 -10 — Opposing Alaska Board of Fisheries (BOF) Proposal Number 103 Amending the Upper Cook Inlet Salmon Management Plan. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -10, Opposing Alaska Board of Fisheries (BOF) Proposal Number 103 Amending the Upper Cook Inlet Salmon Management Plan and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Navarre objected to unanimous consent. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre " *Student Representative Stroh: YEA MOTION PASSED. 12. Resolution No. 2014 -11 — Opposing Alaska Board of Fisheries (BOF) Proposal Number 138 Amending the Central District Drift Gillnet Fishery Management Plan. MOTION: Council Member Bookey MOVED to adopt Resolution No. 2014 -11, Opposing Alaska Board of Fisheries (BOF) Proposal Number 138 Amending the Central District Drift Gillnet Fishery Management Plan. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre "Student Representative Stroh: YEA MOTION PASSED. 13. Resolution No. 2014 -12 — Supporting Alaska Board of Fisheries (BOF) Proposal Number 201 Amending the Kenai River and Kasilof River Early -Run King Salmon Management Plan. City of Kenai Council Meeting Minutes Page 8 of 16 January 15, 2014 MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -12, Supporting Alaska Board of Fisheries (BOF) Proposal Number 201 Amending the Kenai River and Kasilof River Early -Run King Salmon Management Plan. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre NAY: "Student Representative Stroh: YEA MOTION PASSED UNANIMOUSLY. 14. Resolution No. 2014 -13 — Supporting Alaska Board of Fisheries (BOF) Proposal Number 229 Amending 5 AAC 57.106, Description of Kenai River Drainage Area Sections. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -13, Supporting Alaska Board of Fisheries (BOF) Proposal Number 229 Amending 5 AAC 57.106, Description of Kenai River Drainage Area Sections and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 15. Resolution No. 2014 -14 — Supporting Alaska Board of Fisheries (BOF) Proposal Number 238 Amending the Kenai River Late -Run King Salmon Management Plan. MOTION: Vice Mayor Marquis MOVED to adopt Resolution No. 2014 -14, Supporting Alaska Board of Fisheries (BOF) Proposal Number 238 Amending the Kenai River Late -Run King Salmon Management Plan. Council Member Gabriel SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. City of Kenai Council Meeting Minutes Page 9 of 16 January 15, 2014 VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre "Student Representative Stroh: YEA MOTION PASSED. 16. Resolution No. 2014 -15 — Supporting Alaska Board of Fisheries (BOF) Proposal Number 270 Amending the Upper Cook Inlet Personal Use Salmon Fishery Management Plan. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2014 -15, Supporting Alaska Board of Fisheries (BOF) Proposal Number 270 Amending the Upper Cook Inlet Personal Use Salmon Fishery Management Plan and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: There being no objections, SO ORDERED. 17. Resolution No. 2014 -16 — Supporting Alaska Board of Fisheries (BOF) Proposal Number 286 Amending the Upper Cook Inlet Personal Use Salmon Fishery Management Plan, MOTION: Council Member Molloy MOVED to adopt Resolution No. 2014 -16, Supporting Alaska Board of Fisheries (BOF) Proposal Number 286 Amending the Upper Cook Inlet Personal Use Salmon Fishery Management Plan. Vice Mayor Marquis SECONDED the motion. Mayor Porter opened the public hearing, there being no one wishing to speak the public hearing was closed. VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre "Student Representative Stroh: YEA MOTION PASSED. E. MINUTES 1. 'Regular Meeting of January 2, 2014 City of Kenai Council Meeting Minutes Page 10 of 16 January 15, 2014 Approved by the consent agenda. 2. *Work Session Notes from January 6, 2013 — 2013 Dipnet Report Approved by the consent agenda. 3. *Work Session Notes from January 6, 2013 — Board of Fish Proposals Approved by the consent agenda. 4. *Work Session Notes from January 8, 2013 — Commission /Committee Review Approved by the consent agenda. E. UNFINISHED BUSINESS 1. Action /Approval — Schedule Additional Work Session for 2013 Dipnet Report. The work session was scheduled for February 11`h at 6:00 p.m. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000 Approved by the consent agenda. 3. Action /Approval — Consent to Assignment of Lease(s) between Boyd O. Campbell and Benjamin C. Johnson for Tracts A & B, Kenai Shorefishery No. 1. MOTION: Council Member Molloy MOVED to approve the Consent to Assignment of Lease(s) between Boyd O. Campbell and Benjamin C. Johnson for Tracts A & B, Kenai Shorefishery No. 1. Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There being no objections, SO ORDERED. 1. Action /Approval — Confirm Mayor's Nominations for Reappointment of Applicants to Commissions and Committees. City of Kenai Council Meeting Minutes Page 11 of 16 January 15, 2014 MOTION: Council Member Bookey MOVED to Confirm the Mayor's Nominations for Reappointment of Applicants to Commissions and Committees and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 2. Action /Approval — Set Date to Tour the Dena'ina Wellness Center. The tour was scheduled on February 21st at 3:00p.m. 3. Action /Approval — Special Use Permit to Dwight Davis for a portion of Lot 1, Block 1, Gusty Subdivision, according to Plat No. K -1700. MOTION: Council Member Bookey MOVED to approve Special Use Permit to Dwight Davis for a portion of Lot 1, Block 1, Gusty Subdivision, according to Plat No. K -1700 and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Action /Approval — Schedule Date for the Commission /Committee /Board Volunteer Appreciation Dinner (Challenger dates available: April 11, 18, 25). Event was scheduled on April 11th at 6:00p. 5. Discussion — Fire Hydrant Snow Clearing City Manager outlined the number and location of the City's fire hydrants and the current operating procedures and proposed alternatives. Council and administration discussed several possible solutions on maintaining the hydrants during the winter months and concurred the solution should be decided by administration as long as snow removal is completed within a reasonable time frame. It was suggested to advertise and place more emphasis on the City's Adopt -A- Hydrant program. 6. *Ordinance No. 2737 -2014 — Reappropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund to the Senior Center Improvement Capital Project Fund. Ordinance was introduced by the consent agenda and public hearing scheduled on February 5th. 7. *Ordinance No. 2738 -2014 — Increasing Appropriations in the Airport Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the Airport's Operating Fund. City of Kenai Council Meeting Minutes Page 12 of 16 January 15, 2014 Ordinance was introduced by the consent agenda and public hearing scheduled on February 5th. 8. *Ordinance No. 2739 -2014 — Increasing Appropriations in the General Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City's General Fund. Ordinance was introduced by the consent agenda and public hearing scheduled on February 5th H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reported the Council on Aging discussed the leak in the solarium, location of the pool table, and the facility siding at the January gth meeting. 2. Airport Commission — Council Member Gabriel reported that Henry Knackstedt was reelected as commission chair and the following items were discussed at the commissions January gth meeting: • Airport Master Plan Phase II • Budget — requesting an additional position • New terminal building • Track 1a replat • Enplanements • Updating the animal displays in the terminal 3. Harbor Commission — Council Member Molloy had no report. 4. Library Commission — Council Member Boyle had no report. 5. Parks and Recreation Commission — Council Member Bookey reported on the work session held on January 13`h for the commission and the community to discuss the future of the City's parks. 6. Planning and Zoning Commission — Council Member Navarre reviewed the minutes in the packet. 7. Beautification Committee — The Mayor advised there was not a quorum at the committees last meeting. 8. Mini -Grant Steering Committee — no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Good attendance at this month's "Saturday with the Mayor" • Met with citizen groups on local matters City of Kenai Council Meeting Minutes Page 13 of 16 January 15, 2014 • Suggested that Council needs consider new ways of community out reach J. ADMINISTRATION REPORTS City Manager reported on the following: • Travel to Juneau regarding Capital funds • Bluff Erosion Project meeting update • Advised the Industry Forum is January 29 & 30 at the Challenger Learning Center, the agenda is available on line • AML in Juneau February 17 -20 • KRSMA organizational meeting • New City Planner to be in Kenai at end of month • Recent Department of Transportation meetings • Kenai Central High School Hockey Team upcoming Steak Feed Event • Legislature session beings on January 22nd • Odies Deli soft opening on Sunday Boyle commented on an email that Council received regarding removal of snow from the City's walkways. Koch advised he would bring a report back similar to the fire hydrant presentation discussion. 2. City Attorney had no report. 3. City Clerk had no report. Mayor Porter thanked the Clerk for cancelling a business trip to attend the meeting. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) There was no one in attendance wishing to speak. 2. Council Comments Student Representative Stroh advised of a Food Bank Drive the second week in February. Council concurred to bring donations for the Drive to the February 5th Council meeting. Council Member Bookey had no report. Council Member Gabriel appreciated the presentation on the City's investments, thanked those who supported the resolutions pertaining to the Board of Fish proposals, and recommended everyone slow down and drive safely. City of Kenai Council Meeting Minutes Page 14 of 16 January 15, 2014 Council Member Navarre had no comments. Council Member Boyle thanked Council Member Gabriel for his work on the Board of Fish resolutions. Council Member Molloy thanked Mr. Lierman and Ms. Niclai for the investment presentation, the Finance Director for the quarterly financial report, and Nancy Carver for her 12 year tenure. L. EXECUTIVE SESSION 1. Discussion — A Settlement with James Kunkle Regarding Items Loaned to the Kenai Visitors & Cultural Center, Matters which by Law (Attorney Client Privilege), Municipal Charter, or Ordinance are Required to be Confidential and the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City and [AS44.62.310(c)(1)(3)]. MOTION: Vice Mayor Marquis MOVED to convene into executive session to discuss a settlement with James Kunkle regarding items loaned to the Kenai Visitors & Cultural Center, a matter which by law (Attorney Client Privilege), municipal charter, or ordinance is required to be confidential and the immediate knowledge would clearly have an adverse effect upon the finances of the City pursuant to Alaska statutes 44.62.310(c)(1)(3); and request the attendance of the City Attorney, City Manager, and City Clerk and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. Upon reconvening in open session, Vice Mayor Marquis reported that after deliberation Council provided direction to the City Attorney regarding potential settlement with James Kunkle. 2. Discussion — Performance of the City Manager which may be Considered Subjects that Tend to Prejudice the Reputation and Character of Any Person [AS44.62.310(c)(2)]. MOTION: Council Member Bookey MOVED to convene into executive session to discuss the performance of the City Manager, a subject that may tend to prejudice the reputation and character of the City Manager, provided the City Manager may request a public session pursuant to Alaska statutes 44.62.310 (c)(2); and request the attendance of the City Manager after initial deliberation of the Council and if necessary the Attorney. Council Member Molloy SECONDED the motion. City of Kenai Council Meeting Minutes Page 15 of 16 January 15, 2014 VOTE: YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Molloy NAY: Navarre MOTION PASSED. Upon reconvening in open session, Council Member Bookey reported that after deliberation Council provided direction to the City Manager regarding performance. M. PENDING ITEMS — None N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:55 p.m. Minut epared and submitted by: Sandr M dig , CM City Cler "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Minutes Page 16 of 16 January 15, 2014