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HomeMy WebLinkAbout2009-08-19 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 19, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.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: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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.) a. Substitute 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." 2. 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. 3. 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. 4. Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. 5. Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. 6. 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. 7. 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. 8. Resolution No. 2009 -52 Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. Resolution No. 2009 -53 Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals August 2009. Resolution No. 2009 -54 Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs -2009 for the Total Amount of 546,936.00. Resolution No. 2009 -55 Authorizing a Budget Transfer Within the General Fund, Buildings, and Non Departmental Departments for a Citywide Information Technology System Study. 12. Resolution No. 2009 -56 Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. ITEM E: MINUTES 1. *Regular Meeting of August 5, 2009. 2. *August 5, 2009 Council Work Session Notes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2433 -2009 Amending KMC 1.15.040 (Agenda and Packet Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. 4. *Ordinance No. 2434 -2009 Amending KMC14.25 (Landscaping /Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins. 5. *Ordinance No. 2435 -2009 Amending the Land Use Table in KMC 14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH). 6. Approval Amendment /City Manager Contract. 7. Approval Change Order No. 2 /Kenai Courthouse Parking Expansion 2009. 8. Approval City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet. 9. Discussion Proposition Informational Flyer /DRAFT ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8; 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. 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 City Attorney Exit Intery iew ITEM M: ADJOURNMENT Pat Porter, Mayor Hal Smalley Joe Moore Barry Eldridge Rick Ross, Vice Mayor Bob Molloy ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING AUGUST 19, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES 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: Absent was: Mike Boyle A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested:, ADD TO: D -1, Ordinance No. 2396 -2009 Loretta Pearce letter objecting to fees. ADD TO: D -6, Ordinance No. 2431 -2009 Wince Corthell -Bryson proposal for Float Plane Basin Supplemental Environmental Assessment. ADD TO: G -7, Approval City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet /Updated Document (includes reference to Landscaping in the embedded table). MOVE: G -9, Proposition Informational Flyer /Draft To be heard prior to Public Hearings. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 2 MOTION: Council Member Smalley MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. Mayor Porter noted, for personal health reasons, she would turn the gavel over to Vice Mayor Ross and he would conduct the meeting. Vice Mayor Ross took the gavel. ITEM B: None. ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mark Schrag, 312 Princess Street, Kenai Protested changing of the agenda as people were planning to attend the meeting to discuss the pamphlet. Assembly Member Smalley gave a report of the August 18, 2009 Borough Assembly meeting, noting discussions and actions taken. A brief discussion followed and there were no objections to moving back to the regular order of the agenda. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 3 D -1. (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.) MOTION TO AMEND: VOTE: 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." Council Member Molloy MOVED to amend Ordinance No. 2396 -2009 by substitution with Ordinance No. 2396 -2009, the substitute. Council Member Eldridge SECONDED the motion. Student Representative Johnson: Yes MOTION TO AMEND PASSED UNANIMOUSLY. D -la. The floor was opened to public hearing. Clerk Freas read the letter submitted by Loretta Pearce into the record. With no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: VOTE: Substitute 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." Council Member Molloy MOVED to delete Paragraph 10.40.055, Litigation Disclosure on page 19 of the packet. Mayor Porter SECONDED the motion. Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Mollo Yes Boyle Absent Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 4 MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Student Representative Johnson: Yes MAIN AMENDED MOTION PASSED UNANIMOUSLY. D -2. 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. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2427 -2009 and 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. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2427 -2009 to make the effective date of enactment October 1, 2009. Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 5 MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: A Student Representative Johnson: Yes MAIN AMENDED MOTION PASSED UNANIMOUSLY. D -3. 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. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2428 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. The ordinance was reviewed with explanations for the amendments to the code provided by City Manager Koch and Finance Director Eubanks, noting the change would allow for separation of funds in order for better management of the funds. Concern was expressed that with the change, the council would not receive as much information with regard to projects, costs, etc. and the information they would receive, would received only monthly. MOTION TO POSTPONE: Mayor Porter MOVED to postpone Ordinance No. 2428 -2009 to the September 2, 2009 council meeting. Council Member Moore SECONDED the motion. VOTE ON MOTION TO POSTPONE: Student Representative Johnson: Yes 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 Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 6 MOTION TO POSTPONE PASSED UNANIMOUSLY. D -4. Ordinance No. 2429 -2009 Increasing Estimated Revenues and Appropriations by $6,350 in the General Fund for a Library Grant. MOTION: Council Member Smalley MOVED to adopt Ordinance No. 2429 -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. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2430 -2009 Increasing Estimated Revenues and Appropriations by $5,907 in the General Fund for a Library Grant. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2430 -2009 and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: *Student Representative Johnson: Yes 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 Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 7 MOTION PASSED UNANIMOUSLY. D -6. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2431 -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. A brief discussion followed with regard to noise levels and adequate buffers maintained between the airport and residential areas. It was noted, noise was a significant issue for FAA and was addressed on the second page of the proposal. It was also noted, there would be less funding received by the Kenai Watershed Forum and the Fourth Avenue /Spruce Street project would be addressed first. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -7. Ordinance No. 2432 -2009 Increasing Estimated Revenues and Appropriations by $19,928 in the Senior Citizen Tide III Grant Fund for the Purchase of New Dining Room Chairs. MOTION: Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 8 Council Member Molloy MOVED to enact Ordinance No. 2432 -2009 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. Bill Osborn, 423 Rogers Road, Kenai Spoke in support of the ordinance. Joanna Hollier, 381 Senior Court, #307, Kenai Spoke in support of the ordinance. Kellie Kelso, 117 Walker Lane Spoke in support of the ordinance. VOTE: Student Representative Johnson Yes MOTION PASSED UNANIMOUSLY. D -8. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2009 -52 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2009 -53 Awarding the Bid to Brenntag Pacific, Inc. for Miscellaneous Chemicals August 2009. MOTION: Resolution No. 2009 -52 Setting the Time and Place for a Public Hearing on the South Ames Road LID Street Improvement Special Assessment District. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 9 Council Member Eldridge MOVED for adoption of Resolution No. 2009 -53 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -10. Resolution No. 2009 -54 Awarding the Bid to Tri City's Construction, Inc. for Concrete Repairs- -2009 for the Total Amount of $46,936.00. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -54 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. It was noted, there would be 13 areas where concrete repairs would be made. VOTE: There were no objections. SO ORDERED. D -11. MOTION: Resolution No. 2009 -55 Authorizing a Budget Transfer Within the General Fund, Buildings, and Non Departmental Departments for a Citywide Information Technology System Study. Council Member Molloy MOVED for adoption of Resolution No. 2009 -55. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 10 D -12. Resolution No. 2009 -56 Directing the Administration to Enter Into a Grant Agreement With the Boys and Girls Club of the Kenai Peninsula for Fiscal Year 2010 Funding of the Kenai Clubhouse in the Amount of $45,000. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -56 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:09 P.M. ITEM E: MINUTES E -1. Regular Meeting of August 5, 2009 Approved by consent agenda. E -2. August 5, 2009 Council Work Session Notes 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. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 11 G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. Ordinance No. 2433 -2009 Amending KMC 1.15.040 (Agenda and Packet Development, Preparation, Distribution, Publication, Late Materials) to Include a Subsection Providing for the Clerk's Preparation of the Agenda. Introduced with approval of the consent agenda. G -4. Ordinance No. 2434 -2009 Amending KMC 14.25 (Landscaping /Site Plan Regulations) by Amending KMC 14.25.020 (Application) and Enacting a New Section KMC 14.25.025 (Retention Basins) to Provide Landscaping and Site Plan Requirements for the Development of Retention Basins. Introduced with approval of the consent agenda. G -5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC 14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH). Introduced with approval of the consent agenda. G -6. Approval Amendment /City Manager Contract. MOTION: Council Member Smalley MOVED for approval of the Amendment to the Employment Agreement of City Manager and Mayor Porter SECONDED the motion. VOTE: Student Representative Johnson: Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Mollo Yes Boyle Absen KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 12 MOTION PASSED UNANIMOUSLY. G 7. Approval Change Order No. 2 /Kenai Courthouse Parking Expansion 2009. It was noted, the change order would add parking bumper strips in the center two lanes and funding was available in the project fund. MOTION: Council Member Molloy MOVED to approve Change Order No. 2 of the Kenai Courthouse Parking Expansion 2009 project. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G 8. Approval City of Kenai Proposition A Ballot Summary for Kenai Peninsula Borough Voter Pamphlet City Manager Koch reviewed the document included in the packet and the updated one added at the beginning of the meeting, noting the differences in the two as the layout and the addition of "landscaping required." Mayor Porter identified she prepared an alternative document and presented copies to council and the public. She noted the changes on her document included the removal of the reference to the Education Zone (less confusion of the issue as the issue was not about the Education Zone) and the addition of a "No" vote and "Yes" vote explanation. The floor was opened for public comment. Janine Espy, 403 McCollum Drive, Kenai Stated her preference was the Porter document and suggested corrections to amount of houses and indicate where residences are on the map. Charles Winegarden, 309 Princess Street, Kenai Stated disappointment input was not taken from the residents; felt the "no vote supports council..." directed Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 13 attention away from the issue (on Porter document); believed the table on both documents was incomplete as they did not include personal services; and, believed both documents were biased. Roy Espy, 403 McCollum Drive, Kenai Stated he believed the map on either of the documents should indicate where the transition occurred, felt the tables were selective, and thought the documents were biased. Mark Schrag, 312 Princess Street, Kenai Stated he preferred the Porter document, but suggested the table be removed and remove reference to "council" out of the "No" vote box. There being no one further wishing to speak, the public comments were closed. Discussion followed with review of suggested changes by the public. Consensus was reached through show of hands to do the following: Delete the sentence "The purpose of the change was to allow for a transition area between commercial and residential districts." Change "supports" to "affirms" in the no -vote box. Include the table, but amend it to reflect all the differences between the two zones accurately. MOTION: Council Member Eldridge MOVED to adopt the Porter alternative document with the following changes: Delete the sentence "The purpose of the change was to allow for a transition area between commercial and residential districts." Change "supports" to "affirms" in the no -vote box. include the table and reflect all differences between the two zones accurately. Council Member Moore SECONDED the motion. Council Member Molloy stated he believed the introduction statement would be biased if the table was not deleted. VOTE: *Student Representative Johnson: Yes KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 14 Boyle j Absent MOTION PASSED UNANIMOUSLY. G 9. Discussion Proposition Informational Flyer /DRAFT City Manager Koch reviewed the draft flyer which was included in the packet and suggested the following changes: The deletion of the sentence, page 103, first "response" paragraph, i.e. "The City is now at the next step in the process determining areas for possible rezoning." The deletion of the sentence, page 104, fourth "response" paragraph, i.e. "My opinion was the fencing with trees would provide for the best buffer; however, plans are reviewed based on the development and whether or not that would be required would be determined when a plan is reviewed." Koch also noted the flyer would be either a newspaper insert or a mailer and he would hire a company to assist in the preparation of the flyer. The floor was opened for public comment. Janine Espy, 403 McCollum Drive, Kenai Had concerns with Exhibit C and how the information was divided out; suggested changes, including combining the residential to all residential" and change vacant land to six; and, felt the boxes on the right were biased. Mark Schrag, 312 Princess Street, Kenai Stated he believed the information was slanted; suggested administration should have contacted residents for information; and, resented having to pay tax dollars toward the city's campaign and his own funds toward the neighborhood's campaign. Charles Winegarden, 309 Princess Street, Kenai Requested additional time to review and comment on the draft flyer. Roy Espy, 403 McCollum Drive, Kenai Requested additional time to revie and comment on the flyer. Kellie Kelso, 117 Walker Lane, Kenai Stated she felt administration should have collected input from residents. There being no further public wishing to speak, the public comment was closed. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 15 A brief discussion followed during which council set a work session for August 27, 2009 at 6:00 p.m. Items noted to be changed were: Include a full table in the flyer; remove the little boxes; keep it simple; and, stay away from the property tax issue. Mayor Porter left the meeting at 9:29 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Ross reviewed discussions held at the August 13, 2009 meeting. H -2. Airport Commission Council Member Eldridge reviewed the August 13, 2009 meeting summary which was included in the packet. H -3. Harbor Commission Council Member Smalley reviewed the August 10, 2009 meeting summary which was included in the packet. H -4. Library Commission Council Member Molloy reviewed the August 4, 2009 meeting summary which was included in the packet. H -5. Parks Recreation Commission Council Member Moore reported the next meeting was scheduled for October 1, 2009. H -6. Planning Zoning Commission Council Member Molloy reviewed the August 12, 2009 meeting minutes which were included in the packet. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No report. H -7b. Alaska Municipal League Report Council Member Smalley reported on discussions and actions taken at the summer AML Legislative meeting. H -7c. Mini -Grant Steering Committee No report. H -7d. Advisory Cemetery Committee Council Member Eldridge reported the next meeting was scheduled to be held August 20, 2009. H -7e. Kenai Convention Visitors Bureau Council Member Smalley reported the next meeting was scheduled to be held on August 31, 2009. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 16 11-7f. Reports of KPB Assembly, Legislators and Councils Report given at the beginning of the meeting. ITEM I: REPORT OF THE MAYOR No report. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: Notification would be sent to last legal owners of junk vehicles that had been abandoned on Black Gold Estates property. Upon notification, the vehicles would be removed at city expense. Additionally, barriers would be placed to eliminate access to the area. He would be meeting with Governor Parnell during his visit to the area on August 29, 2009. He received a report from the consultants with regard to the water wells. He would be requesting a work session in the future to review the information further. A water system leak detection process would take place during the next week. He was finishing the DEC paperwork and funding agreements. The application for water /sewer along Bridge Access Road was moving forward. The new STIIP list included projects for the Spur Highway, etc. in FY 11. The Borough Assembly passed the resolution to allow the city to take big rocks from its quarries at no cost. Review of the concrete ramp at the boat launch would be postponed to May. Brief report of the dip net season. The Fire Department negotiated a donation of a rescue boat from the Nikiski Fire Department. The issue would be brought back to council in the future. The new draft agreement with the Kenai Visitors Convention Bureauwould be brought forward to council for consideration. The city was grant eligible for approximately $50,000 in energy stimulus monies which he suggested would be used to change lighting in the Multipurpose Facility and the Recreation Center. Would discuss with Governor Parnell the effect of cap and trade for Alaska refineries. J -2. Attorney City Attorney Graves reported the following: The new city attorney, Krista Stearns would begin work on Monday, August 24, 2009. Ms. Stearns would be sworn in on Monday, August 24, 2009 at 10:00 a.m. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 17 Because this was his last council meeting, he thanked the council members, present and past, and employees for their support over his years of service to the city. J -3. City Clerk City Clerk Freas reported there were three candidates on the October 6, 2009 election ballot: Tim Navarre, Ryan Marquis, and Bob Molloy. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, 902 Mission Avenue, Kenai Commented on the proposed informational flyer. K -2. Council Smalley Noted the following: Thanked Graves for his years of service, it had been great working with him, and he looked forward to working with Ms. Stearns. Commented on stimulus money for highway /transportation and suggested the city be watchful to be sure the area projects remained on the STIIP list. Johnson Reported school would start on Monday, August 24; the Ninilchik Fair would open at the end of the week; and thanked Graves for his assistance to her. Molloy Noted the following: Thanked Graves for his years of service. Suggested a parking plan be identified for next year's dip net fishery to prevent parking on South Forest Drive and Toyon Way, etc. Ross Thanked Graves for his years of outstanding service to the city. 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. 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 Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Absent KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 18 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 City Attorney Exit Intervie MOTION: Council Member Molloy MOVED to convene in an executive session of the council of the City of Kenai, to conduct the City Attorney exit interview, a matter that could prejudice the reputation and character of another and requested Graves to attend the session. Council Member Smalley SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION BEGAN: 10:30 P.M. BACK TO ORDER: 10:44 P.M. Council Member Molloy reported the council met in an executive session to conduct the exit interview of City Attorney Graves. Council discussed transition plans and other matters. Suggestions were received from Graves. It was a good session. ITEM M: ADJOURNMENT MOTION: Council member Smalley MOVED to adjourn and Council Member Moore SECONDED the motion. VOTE: There were no objections. SO ORDERED. There being no further business before the Council, the meeting adjourned at approximately 10:45 p.m. KENAI CITY COUNCIL MEETING AUGUST 19, 2009 PAGE 19 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. A student representative may not move or second items during a council meeting. APPROVED SY COUNCIL DAIS