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HomeMy WebLinkAbout2009-09-02 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 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. Approval (Public Comment to be Taken) Proposition A Informational Flyer 2. 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 (55,000) or More Shall be Reported to the Kenai City Council on a Monthly Basis. (Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428 -2009 was postponed to September 2, 2009. The motion to adopt is active.) 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 She Plan Requirements for the Development of Retention Basins. 5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSH). 6. Ordinance No. 2440 -2009 Increasing Estimated Revenues and Appropriations by $9,000.00 in the General Fund Communications Machinery and Equipment for the Purchase of a Replacement Stancil Recording Server That Has Failed Unexpectedly. a. Motion for Introduction b. Motion for Second Reading (Requires a Unan imous Vote) c. Motion for Adoption ITEM E: MINUTES 1. *Regular Meeting of August 19, 2009. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. 4. *Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. 5. *Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. 6. *Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. 7. Approval Appointment of Election Boards. 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. 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 None Scheduled ITEM M: ADJOURNMENT Hal Smalley Joe Moore Barry Eldridge Rick Ross (telephonically) Robert Molloy Mike Boyle Pat Porter, Mayor ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 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 7:00 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. ADD TO: MOTION: ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: D -1, Approval /Proposition A Informational Flyer Updated Informational Flyer Flyer of MAPS Neighbors s 9/1/09 C. Winegarden Letter w /attachment Porter suggested amendments to flyer ADD TO: D -2, Ordinance No. 2428 -2009 T. Eubank memorandum of explanation for suggested changes to the code. Council Member Smalley MOVED for approval of the agenda with the added information and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. Aaron Turnage, Kenai Police Department Officer of the Year Stacey Day, Kenai Police Department Dispatcher of the Year Pete Coots, Kenai Fire Department Firefighter of the Year John Wichman, Kenai Fire Department Abe Porter, Kenai Fire Department Jeremy Hamilton, Kenai Fire Department EMS Call of the Year #08 -848 KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 2 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 Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. Mayor Porter introduced Krista Stearns, newly appointed city attorney. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Eli Butler, 1711 Kaknu, Kenai Butler informed Council of her 4 -H project raising a seeing eye puppy named Keko and that during the 18 months she had the puppy, she had been giving Keko basic obedience training, socializing her and desensitizing her. Butler thanked the City for allowing her to visit public buildings, as well as private businesses in town for allowing her to visit their businesses with Keko. Mar Schrag, 302 Princess Street, Kenai Stated his concern City Manager Koch had not allowed MAPS residents to offer input into the developing of the Proposition A Informational Flyer. There being no one else wanting to speak, Unscheduled Public Comments were closed. Members of the Kenai Police Department and Kenai Fire Department who received awards at the Second Annual Public Safety Awards Banquet were identified as follows: KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 3 Kenai Fire Department J Fire Call of the Year #08 -1204) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D 1. Approval (Public Comment to be Taken) Proposition A Informational Flyer Janine Espy, 403 McCollum Drive, Kenai Stated she did not see a lot of major changes from the draft flyer reviewed at the August 27, 2009 work session; felt the flyer was still very biased; felt the flyer was not factual; disagreed with the table related to vacant property; and, would not have a problem with the flyer if it contained a statement the City was trying to bias the voters. Mark Schrag, 312 Princess, Kenai Agreed with Espy; felt the #4 goal should not be listed separate from the other goals; felt the flyer was blatantly biased; and, he also would like the flyer to contain a statement that it was designed to bias the voters. Colleen Ward, 708 Magic, Kenai Stated she believed it was a very appealing brochure, thought it was highly biased; offered two options, i.e. not to use the flyer as submitted, and use pro and con statements, working with the MAPS residents or include an acknowledgement that the flyer was an attempt to influence the voters, was paid for by the taxpayers of the city, and include the entire ordinance in it. Tim Navarre, 608 Ponderosa, Kenai Navarre stated he felt the question on the brochure should be exactly the same as it was on the ballot, and suggested the yes and no should be balanced by switching their positions in the two places where they were placed; stated he thought it difficult to distinguish between influencing or informing the public; and, thought it appropriate for the city to consider it and produce a document to influence the process in order to educate the public of the issues. There being no one else wishing to speak, the public hearing was closed. MOTION: Council Member Moore MOVED to approve the informational flyer as presented by the Administration (the lay down). Council Member Eldridge SECONDED the motion. Council comments included: It was appropriate to highlight Goal #4 as it was key to the proposition. The flyer did not identify where the commercial zone was located that was being buffered. It should be identified on the map on the flyer. Smalley No Moore Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 4 The flyer included a lot of infoiuiation, but probably would not be read. Other forms of distributing information should be considered, i.e. radio discussions, League of Women Voters, etc. All the City should do was to include a proposition summary in the Borough voting pamphlet; felt it bad public policy of council to campaign against the qualified voters; if wanting a flyer, should spend private money for it; and agreed the flyer should be scrapped and do a pro /con flyer. The flyer contained answers to most asked questions, i.e. what properties did the zone involve, types of development allowed, how the LC zone could be accessed, landscaping, etc. The flyer was meant to inform the voters and did not believe it was biased. Felt a council flyer should be very neutral and the suggested flyer was not neutral; the flyer implied to sway the voter with information not relevant; felt the flyer should identify where the transition was to the zone; the ordinance should be included on the flyer; felt the work session changed nothing; and, would like to have seen improvement of the pamphlet. Comments received from public included information received from the petition carriers was not accurate and felt the brochure explained the issue. Suggested changes were offered, however no motion to amend was stated. Appreciated the work session, but disappointed some of the suggested changes were not incorporated into the brochure. The pictures were not of the LC zone. VOTE: *Student Representative Johnson: No MOTION PASSED. MOTION: Council Member Moore MOVED to direct the city manager and administration to accomplish additional efforts to provide the public with factual information consistent with the information presented in the informational mailer within the budget previously established for that purpose. Council Member Eldridge SECONDED the motion. Moore stated his intent of the motion was to authorize the city manager and the administration to produce and distribute information to the public without further specific approvals by council. Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes 1 Smalley No Moore Yes !Eldridge !Yes Ross Yes Molloy No Boyle No Porter Yes 1 KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 5 Council comments included: Objection to the motion as the issue was not on the agenda and felt a resolution should be before council at its next meeting to allow for a public hearing on the issue. Objection to the motion because the City Clerk would be included in the reference to administration and the City Clerk should remain fair and unbiased and should not have any involvement with getting the flyer out to the public. Agreement with the concern of the City Clerk included in the reference to administration and involvement with the flyer. Disagreement with needing a resolution giving direction to the city manager as that is done all the time without a resolution. MOTION TO AMEND: Council Member Moore MOVED to amend the motion with the inclusion of "his" before "administration." Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: No MOTION PASSED. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:11 P.M. D -2. Ordinance No. 2428 -2009 Amending KMC 7.25.020 to: 1) Better Define How Budget Transfers in Amounts of Less Than Five Thousand Smalle Yes Moore Yes Eldridge Yes Ross Yes Mollo Yes Bo le Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 6 With the inclusion of the Finance Director memorandum explaining the reason for the code amendment, there were no further council questions or comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -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 Clerks Preparation of the Agenda. MOTION: 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. (Clerk's Note: At the August 19, 2009 council meeting, Ordinance No. 2428 -2009 was postponed to September 2, 2009. The motion to adopt is active.) Council Member Molloy MOVED to enact Ordinance No. 2433 -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 Smalle Yes Moore Yes Eldridge Yes Ross Yes Mollo Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 7 MOTION PASSED UNANIMOUSLY. D -4. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2434 -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. It was explained, the code amendment would require fencing and landscaping around retention ponds, which had not been required in the past and there would be no grandfathering of previously placed ponds. Concern was expressed the ordinance was not specific as to a minimum height of fencing. MOTION TO AMEND: 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. Council Member Smalley MOVED to amend Ordinance No. 2434 -2009 by including a minimum of six feet (6') height for fencing. Council Member Boyle SECONDED the motion. Clarification was requested to include "(six foot minimum)" at paragraph (1)(c), after the word "fenced." VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes Smalley No Moore Yes Eldridge Yes Ross Yes Molloy No Boyle No Porter No KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 8 MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSB). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2435 -2009 and 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. Marilyn Kebsclsull, City Planner Explained the issue was originally included in a previous ordinance which had included in it three code changes. At the request of council, the three code changes were separated into three ordinances. This was the third and last of those ordinances. Council /Administration comments included concern the ordinance was singling out two personal services and that Administration had no position to take on the issue. VOTE: *Student Representative Johnson: No MOTION FAILED. D -6. Ordinance No. 2440 -2009 Increasing Estimated Revenues and Appropriations by $9,000.00 in the General Fund Communications Machinery and Equipment for the Purchase of a Replacement Stancil Recording Server That Has Failed Unexpectedly. D -6a. Motion for Introduction Moore Yes Eldrid• e Yes Ross Yes I Mollo Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 8 MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2435 -2009 Amending the Land Use Table in KMC14.22.010 to Provide that Tattoo Parlors and Massage Therapists Require a Conditional Use Permit in the Townsite Historic Zone (TSB). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2435 -2009 and 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. Marilyn Kebsclsull, City Planner Explained the issue was originally included in a previous ordinance which had included in it three code changes. At the request of council, the three code changes were separated into three ordinances. This was the third and last of those ordinances. Council /Administration comments included concern the ordinance was singling out two personal services and that Administration had no position to take on the issue. VOTE: *Student Representative Johnson: No MOTION FAILED. D -6. Ordinance No. 2440 -2009 Increasing Estimated Revenues and Appropriations by $9,000.00 in the General Fund Communications Machinery and Equipment for the Purchase of a Replacement Stancil Recording Server That Has Failed Unexpectedly. D -6a. Motion for Introduction Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Yes Eldridge Boyle Yes Yes Ross Yes Molloy Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 9 MOTION: Council Member Smalley MOVED to introduce Ordinance No. 2440 -2009 and 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: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -6b. MOTION: Motion for Second Reading (Requires a Unanimous Vote) Council Member Smalley MOVED to hold the second reading on Ordinance No. 2440- 2009 and Council Member Eldridge SECONDED the motion. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -6c. Motion for Adoption MOTION: Council Member Smalley MOVED for adoption of Ordinance No. 2440 -2009 and Council Member Eldridge SECONDED the motion. Smalley Yes Moore Yes Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 10 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: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. ITEM E: MINUTES E -1. Regular Meeting of August 19, 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. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 11 G -3. Ordinance No. 2436 -2009 Increasing Estimated Revenues and Appropriations by $938.08 in the General Fund for Bureau of Highway Patrol Equipment Expenses. Introduced with approval of consent agenda. G -4. Ordinance No. 2437 -2009 Increasing Estimated Revenues and Appropriations by $5,625.00 in the Congregate Housing Fund, Professional Services for an Increase in the Caretaker Contract in Excess of Originally Budgeted Amounts. Introduced with approval of consent agenda. G -5. Ordinance No. 2438 -2009 Increasing Estimated Revenues and Appropriations by $18,628.00 in the Congregate Housing Fund, Repair and Maintenance for Installation of Landscaping Sprinklers Along the Front of the Vintage Pointe Housing Facility. Introduced with approval of consent agenda. G -6. Ordinance No. 2439 -2009 Increasing Estimated Revenues and Appropriations by $7,163.00 for City Manager Pay and Benefits Increase in Excess of Originally Budgeted Amounts. Introduced with approval of consent agenda. G -7. Approval Appointment of Election Boards. Council Member Smalley noted his wife, A. Susan Smalley, with approval of the appointments, would be a member of the canvass board and noted he felt it was a potential conflict and requested a ruling. City Attorney Stearns noted, though payment to Mrs. Smalley would not be substantial, it would be best he disqualify himself from the vote. Council Member Molloy noted he was a candidate on the City's ballot and requested a ruling of whether he should vote. City Attorney Stearns noted, since there would be no financial interest to Council Member Molloy, he could vote. MOTION: Council Member Moore MOVED to approve, without objection, the appointment of the Election Board contained in the memorandum. Council Member Eldridge SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 12 There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H 1. Council on Aging Council Member Ross noted the September meeting had been cancelled. H 2. Airport Commission Council Member Eldridge reported the next meeting was scheduled for September 10, 2009 and Council Member Moore would be attending for him. H 3. Harbor Commission Council Member Smalley reported the next meeting was scheduled for September 14, 2009. H 4. Library Commission Council Member Boyle reported on the meeting held September 1, 2009, and noted tickets for the annual fundraiser were on sale and a 60th birthday celebration for the library was scheduled for September 26, 2009. Mayor Porter noted the application of Kimberly M. Glidden for appointment to the Library Commission, was included in the packet. Porter appointed Glidden with no objection from council. 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 reported on actions and discussions held at the August 26, 2009 Planning 86 Zoning Commission meeting. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. H -7c. Alaska Municipal League Report No meeting. Mini -Grant Steering Committee No meeting. H -7d. Advisory Cemetery Committee Council Member Eldridge reviewed the summary of the August 20, 2009 meeting which was included in the packet. H 7e. Kenai Convention Visitors Bureau Council Member Smalley reported the Board met on August 31, 2009 and gave a brief update of the meeting discussions /actions, including the proposed management agreement. KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 13 H 7f. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed actions /discussions taken at the September 1, 2009 assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter reviewed the following information: Noted John Douglas, who had been the city's representation to the Cook Inlet RCAC Board of Directors, had resigned. Porter requested Council's appointment approval of John J. Williams to replace Douglas. Bill Osborn would remain the alternate to the Board. Council Member Molloy disclosed a conflict in that CIRCAC was a client of his firm. City Attorney Stearns advised Molloy to recuse himself from voting. Without objection, Williams was appointed to the Cook Inlet RAC as the City's representative to its Board of Directors. She had attended Industry Days, the Kenai Peninsula Food Bank soup Supper, and attended Senator Murkowski's open house at her new office in Kenai. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manger Koch reported the following items: The draft contract with the Kenai Convention Visitors Bureau was included in the packet and administration intended to bring it back to council at its next meeting. A beaver problem existed at Spur Highway, near Forest Drive, where DOT was lowering the water to open the culvert under the highway. Though Fish Game gave the City of Kenai permission to cause the demise of the beavers, he believed it was the State's responsibility to do so and wanted to further discuss the issue with DOT and wanted to get a commitment from them to remove the beavers or put a protection around the culvert to prevent the beavers from blocking it. He would be sending for information packets related to congressional funding He would be leaving to attend the ICMA convention in Montreal on September 12, 2009. He received the quit claim deed for the Peninsula Avenue properties. He had not been able to meet with Governor Parnell on August 22, but hoped to meet with him during the week of September 21. He would be meeting with department directors to discuss the H1N1 virus and review a City of Kenai plan. Suggested October 21, 2009 for scheduling a work session to formulate the capital improvement project list. Another suggestion was to schedule a work session to discuss beach area traffic flow, speed limits, off -road vehicle use, etc. KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 14 Preference was to wait until after the 2009 Dip Net Fishery Report was completed and reviewed. Commented on cap and trade, noting it was evolving legislation at this time, but would discuss with the Governor. He would not be at the September 16, 2009 meeting as he would be attending the ICMA Conference. The water leak test was completed and found there were five or six fire hydrants leaking and they were repaired. The heaving on Lawton Drive had not been caused by water leaking and would be investigated further. A request was made to include that work on the Public Works Status Report. A condition survey of all city streets was being performed, it would be completed in six to eight months, the information would be used to prioritize street work, and the Lawton Drive issue would be addressed before the survey was completed. Referenced the letter to Senator Wagoner related to ownership of Wildwood Drive, noting it would be some time before an answer would be received. J 2. Attorney Attorney Stearns reported her first week of working for the City was going well and she would be attending an airport conference and would not be in attendance for the September 16, 2009 council meeting. J 3. City Clerk City Clerk Freas reported the following items: September 6 would be the last day to register to vote prior to the October 6, 2009 election. Division of Elections would be sending out new voter registration cards to voters residing in Kenai Precinct No. 2 which would include their new voting site at the Challenger Center. Public Service Announcements would also be requested. Absentee voting applications were available on the City's webpage and at all Clerk's offices in the Borough. Absentee voting would begin on September 21, 2009. Clerk Freas was requested to compose a thank -you letter to John Douglas for the Mayor's signature. ITEM K: DISCUSSION K -1. Citizens (five minutes) Bob Peters, 902 Mission Avenue, Kenai Reported tickets to the annual library fundraiser were available for purchase. Colleen Ward, 708 Magic Avenue, Kenai Stated she appreciated the level of preparedness of council and staff; concern related to Mayor's comments of misinformation being disseminated by the MAPS residents and wanted the referendum KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 15 to pass or fall on the facts; requested an explanation of the inaccurate information being communicated so their information would be accurate; and, wanted to set the record straight so that voters would understand clearly the issues. Janine Espy, 403 McCollum Drive, Kenai Referencing an earlier council comment, explained she believed some of the information in the brochure was not factual and was trying to give her opinion. Mark Schrag, 312 Princess Street, Kenai Stated he believed the applicant could have developed his property with a conditional use permit; wanted to be factual with their information they disseminate, however council needed to accurate in their comments; and, they offered a compromise and would prefer that instead of decisiveness. Tim Navarre, 608 Ponderosa, Kenai Stated he hoped council would bring the community together after the election and discuss what was planned for the city as a whole, i.e. what changes would like to be made, etc. Also suggested funding be included in the budget for a facilitator. K 2. Council Porter Noted the thank -you letter included in the packet from Joe Harris related to the moving of the historical cabins. Boyle Noted Student Representative Johnson would be eligible to vote on September 3, 2009. Molloy Thanked those who testified and commented at the end of the meeting and welcomed City Attorney Stearns. Johnson Reported on activities she had attended, plans for the Kenai Central High School Homecoming, and she would register to vote September 3. Eldridge Reported he would attend the next meeting telephonically. Ross Stated it had been interesting watching the streaming of the meeting while attending the meeting telephonically. Moore Welcomed City Attorney Stearns. Smalley Welcomed City Attorney Stearns; wished Johnson a happy birthday; thanked those who gave testimony during the meeting; noted he hoped voters would make the right decision for themselves; and, he wanted to continue to work together and improve the city. KENAI CITY COUNCIL MEETING SEPTEMBER 2, 2009 PAGE 16 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 None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. Minutes submitted by: X t 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 BY COUNCIL