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HomeMy WebLinkAbout2009-12-16 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING DECEMBER 16, 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) 1. Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (HEA) HEA Interconnection Guidelines. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars ($16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. a. Substitute Ordinance No. 2459 -2009 Increasing Estimated Revenues and Appropriations by S31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). 2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009 -68 for a second public hearing to be held at its December 16, 2009 meeting.) a. Substitute A, Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. b. Substitute B, Resolution No. 2009 -68 Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. 3. Resolution No. 2009 -70 Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. 4. Resolution No. 2009 -71 Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. 5. Resolution No. 2009 -72 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library Expansion Project. 6. Resolution No. 2009 -73 Approving the Facilities Management Agreement for the Kenai Visitors Cultural Center to the Kenai Convention Visitors Bureau From January 1, 2010 to December 31, 2013. 7. Resolution No. 2009 -74 Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade -2009 for the Total Amount of 29,881.94. 8. Resolution No. 2009 -75 Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. 9. *Liquor License Renewal Country Liquor #1308/Package Store ITEM E: MINUTES 1. *Regular Meeting of December 2, 2009. ITEM F: UNFINISHED BUSINESS 1. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals. (Clerk's Note: At its December 2, 2009 meeting, the City Council referred the Extension of Construction Schedule to the Airport Commission for review and comment and requested the item be returned for Council consideration at its December 16, 2009 meeting.) ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2460 -2009 Increasing Estimated Revenues and Appropriations by $214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program. 4. Approval Mutual Rescission of Lease /Arctic Barnabas Ministries, Inc. Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. 5. Discussion Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council 011 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. Kenai Convention Visitors Bureau e. 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. 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 Pending Litigation and Financial Matters ITEM M: ADJOURNMENT Hal Smalley, Vice Mayor Joe Moore Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: KENAI CITY COUNCIL REGULAR MEETING DECEMBER 16, 2009 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: ADD TO ITEM D -2, Resolution No. 2009 -68 12/ 15/09 email message from Bill Lois Nelson opposing Resolution No. 2009 -68 A B. 12/16/09 email message from Stephen W. Hansen, Tesoro Alaska Refinery opposing Resolution No. 2009 -68, Substitute A. ADD TO ITEM D -2(B), Resolution No. 2009 -68, Substitute B Council Member Molloy memorandum with attached Associated Press news report. MOVE: Resolution No. 2009 -71, Resolution No. 2009 -72, and Resolution No. 2009 -73 to be heard prior to Ordinance No. 2459 -2009. MOTION: KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 2 Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Moore MOVED to remove Resolution No. 2009 -68, Substitute B from the agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Brad Hibberd and Joe Gallagher, Homer Electric Association, Inc. (HEA) HEA Interconnection Guidelines. Brad Hibberd, 46883 Runners Avenue, Kalifornsky Beach Road Discussed and presented an update of the Homer Electric Association's alternate energy program, noting there were currently 25 alternative sites on the Peninsula, including solar and wind, and of the 25, 22 were Sustainable Natural Alternate Power (SNAP) program producers. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Bill Walker, Anchorage Mr. Walker introduced himself as a candidate for governor in the 2010 state election, noting his concerns of fiscal stability of the state and support of an all- Alaska gas line. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 3 Heidi Chay, 37306 Cetacea Lane, Kenai Suggested the City consider initiating an energy conservation commission using the Haines Borough's commission as a model with regard to emergency energy for the future. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -4. Resolution No. 2009 -71 Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. MOTION: Council Member Smalley MOVED to adopt Resolution No. 2009 -71 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. Michelle Martin, 11 Lantern Circle, Kenai Reported she was a member of the Board of Directors of the Kenai Peninsula Food Bank and thanked council for its support, both individually and as a council and encouraged support of the resolution. With no others wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -3. Resolution No. 2009 -70 Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. MOTION: Council Member Molloy MOVED for adoption of Resolution No. 2009 -70. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened to public hearing. Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 4 Doreen Lovett, 46335 Woodland Drive, Kenai Ms. Lovett noted she worked at the Kenai Public Health Center and thanked council for the resolution, thanked the Kenai Fire and Police Departments for their support, and urged its support of the resolution. With no on.e else wishing to speak, the public hearing was closed. There were no council comments. VOTE: There were no objections. SO ORDERED. D -1. D -la. MOTION: Ordinance No. 2459 -2009 Appropriating Sixteen Thousand Dollars (S16,000.00) to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. Substitute Ordinance No. 2459 -2009 Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund to Increase the Compensation to the Kenai Convention and Visitors Bureau, Inc. (KCVB). Council Member Eldridge MOVED adoption of Ordinance No. 2459 -2009, the substitute and Council Member Smalley SECONDED the motion. The floor was opened to public hearing. With no one wishing to speak, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -6. MOTION: Resolution No. 2009 -73 Approving the Facilities Management Agreement for the Kenai Visitors Cultural Center to the Kenai Convention Visitors Bureau From January 1, 2010 to December 31, 2013. Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes 1 Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 5 Council Member Smalley MOVED for adoption of Resolution No. 2009 -73 and Council Member Eldridge SECONDED the motion. The floor w as opened to Tlubli hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Notation of typographical errors on page 99 and 100. Preference for more time for council to review the contract. Council should investigate and discuss the concept of a museum, operation of a museum, and preservation of artifacts. The approval of the annual visitors guide should include criteria for approval. Suggestion to discuss the responsibility of the museum, whether the city is declining responsibility of the care of the items, and receive a report from the city attorney to that regard. Belief the city was micromanaging. Notation that anything in the document could be revisited by either party. Belief the previous comments should be discussed, however the document was reviewed by both parties. Concern of charging fees of patrons to see the artifacts because of the fee to see the yearly art show. Suggestion the museum be separated from the art show. VOTE: *Student Representative Johnson Yes MOTION PASSED UNANIMOUSLY. D -2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. (Clerk's Note: At its December 2, 2009 meeting, the City Council postponed Resolution No. 2009 -68 for a second public hearing to be held at its December 16, 2009 meeting.) The floor was opened to public hearing. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 6 Senator Tom Wagoner, 440 Primrose Place, Kenai Senator Wagoner stated he served as the national chair of the Center for Legislation on Environment and Energy Research and spoke in opposition to the resolution. Wagoner cautioned to be careful of how cap and trade should be handled; he believed if the Compact would be put in place; and, he believed signing the Compact would be harmful to the Peninsula and the State. Don Erwin, 1603 Fathom Drive, Kenai Spoke in opposition to the resolution, noting he believed the Compact would be disastrous to the State and needed further consideration. Bill Osborn, 423 Rogers Road, Kenai Stated he was concerned about cap and trade and was opposed to the resolution. Alan Parks, 5055 Nearly Level Avenue, Homer Parks explained he was a commercial fisherman and was a member of the Alaska Marine Council, related to ocean acidification and climate change; explained the Compact did not endorse any specific legislation which was being discussed currently; being a signor would give the ability to network and speak on issues that were concerns to everyone; and, spoke in support of the resolution. Tim Navarre, 608 Ponderosa, Kenai Spoke in opposition to the resolution, noting he believed the politics should be removed and science dictate, and suggested a letter be sent to the Kenai Peninsula Borough Assembly requesting it reconsider its action on the resolution. Rick Ross, 1505 Kittiwake, Kenai Spoke in opposition to the resolution, referring to his letter submitted and included in the packet and suggested Council adopt the Tri- Borough Report instead of the Compact; he believed the Compact a political document; and, the Tri- Borough Report supported alternate energy and energy-use goals. Mark Schrag, 312 Princess Lane, Kenai Spoke in support of the resolution, Substitute A. Jason Carroll, 52875 Home Road, Nikiski Explained he was representing the Kenai Chamber of Commerce Board of Directors that passed a resolution opposing Resolution No. 2009 -68 and noted, the Board believed the Compact would result in job losses in the community. Heidi Chay, 37306 Cetacea Lane, Kenai Referred to information she had read related to United States businesses who were calling for carbon reduction; noted local businesses taking action; and, supported Resolution No. 2009 -68, Substitute A and the Tri- Borough Report. Smalley 1 Yes Moore No Eldridge No Marquis 1 Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 7 Michelle Martin, 311 Lantern Circle, Kenai Spoke in support of the resolution, Substitute A, stating she felt there were real benefits to the other coastal communities who had signed on to the Compact; felt signing on to the Compact would be symbolic and practical; and, did not believe the Compact would lessen the need for industry. Kate Veh, 34506 Commerce Street, Soldotna Stated she was concerned about climate change; spoke to 150 community members and heard only two comments disagreeing there was climate change; and, supported the resolution, Substitute A. Stephen Hansen, Refinery Manager, Tesoro Alaska, 401138 Sutherlin Road, Soldotna Stated he believed the Compact was broad and vague; was aware legislation was coming; did not believe the Compact would be good for the community or State; and, was opposed to the resolution and the substitutes. Clerk Freas read into the record comments received from: Milton Allen, Project Manager, Udelhoven Oilfield System Services, Inc. comments opposing Resolution No. 2009 -68 Laura Sievert comments supporting Resolution No. 2009 -68 Bill Lois Nelson, 209 Susienana Lane, Kenai comments opposing Resolution No. 2009 -68. With no one else wishing to speak, the public hearing was closed. D -2a. Substitute A, Resolution No. 2009 -68 Supporting the Alaska Coastal Communities Global Climate Change Compact. MOTION TO AMEND: Council Member Molloy MOVED to amend Resolution No. 2009 -68 by substituting with Resolution No. 2009 -68, Substitute A. Council Member Marquis SECONDED the motion. VOTE ON MOTION TO AMEND: *Student Representative Johnson: Yes MOTION PASSED. Council discussion followed with comments including- KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 8 Support of the resolution, referencing items of commitment from the Compact; reference to differences between the original resolution and the substitute; the Compact did not endorse any cap and trade legislation; and it was important for the City of Kenai to be involved with other coastal communities. Opposition to the resolution, as the Compact was a political statement, not scientific, the economy depended on resource energy, and agreed there was a need to research renewable energies. Opposition to the resolution, noting it was a not a consensus of scientists related to global warming and the City could still network with other signatories of the Compact. Support of the resolution, noting the Council would not be voting on legislation in Washington, DC or endorsing cap and trade legislation; recognizes problems and looks for responsible solutions, and believed it was necessary to begin at the local level. The Kenai Peninsula Borough resolution was passed with approval of the consent agenda. Support of the resolution, noting belief climate change did exist; this was a time issue; the City needed to lead; and, the Compact did not want to put industry out of business. Opposition to the resolution; felt the issue was out of the Council's league as they were not scientists; felt Council's passage of the resolution would be insulting to industry; felt signing the Compact would adversely affect the City of Kenai and the oil and gas industry; did not see the urgency of passing the resolution; and, constituents who made contact, spoke in opposition to the Compact. Support of the resolution, noting belief it would not be insulting to the industries; it was the responsibility of Council to vote on the resolution; there were issues with acidification and it was Council's responsibility to act; and, had faith industry would deal with the concerns. BREAK TAKEN: BACK TO ORDER: MOTION TO POSTPONE: 9:15 P.M. 9:25 P.M. Council Member Moore MOVED to postpone Resolution No. 2009 -68 for 90 days. Council Member Eldridge SECONDED the motion. Comments with regard to postponing included: Not in support of postponement as it was a sensitive issue and needed to move forward. Suggestion to hold a work session or schedule presentations from industry to comment on legislation for council's knowledge and consideration. Support of several to hold a work session. Smalley Yes Moore Yes Eldridge Boyle Yes Yes Marquis Yes Molloy Yes Porter No Smalley No Moore Ye Eldridge Yes Marquis No Molloy No Boyle No Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 9 VOTE ON POSTPONEMENT: *Student Representative Johnson: No MOTION FAILED. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2009 -68 by inserting "and the State of Alaska Energy Policy as proposed by the Tri- Borough Commission" after Compact in the title paragraph. Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO AMEND: Council Member Smalley MOVED to amend by inserting the following 'whereas' paragraphs after the eighth 'whereas' paragraph: "Whereas, the Tri- Borough Commission, comprised of the Mayors of the Kenai Peninsula Borough, Matanuska Susitna Borough, and Municipality of Anchorage, established a task force in September 2007 to develop an energy policy and strategic goals document; and, Whereas, the task force met repeatedly from September 2007 through January 2008 to develop, through a consensus process, a proposed State Energy Policy; and, Whereas, the State of Alaska Energy Policy, as proposed by the Tri- Borough Commission, asks the State of Alaska actively to: promote the development of nonrenewable energy resources, including natural gas, coal, oil, gas hydrates, heavy oil and nuclear; Smalley Yes Moore Yes Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 10 promote the development of renewable energy resources, including tidal, wave, hydropower, geothermal, solar, wind, and biomass; pursue, promote, and reward energy efficiency; promote the rational development of resources and infrastructure sufficient to meet the state's gro en de while contributing to the national energy supply, thus reducing dependence on international energy sources; promote energy security for its economy; seek solutions that address global climate change; and, seek to develop flat priced, zero fuel cost energy resources as part of a diversified supply portfolio; and, Whereas, the Tri- Borough Commission set specific goals and criteria for energy efficiency in public construction, for use of zero -fuel renewable energy resources, and for per capita residential energy conservation; and," Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes MOTION PASSED. A motion to amend the "now therefore" paragraph was proposed but was not seconded. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2009 -68 by inserting "the City of Kenai supports the goals and objectives of the Alaska Coastal Communities Global Climate change Compact and supports the State of Alaska Energy Policy as proposed by the Tri- Borough Commission" to the "Now, Therefore" paragraph, after "Alaska Coastal Communities Global Climate Change Compact." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Johnson: Yes Smalle Yes Moore No Eldrid•e No Mar.uis Yes Mollo No Bo le Yes Porter No Smalley Yes Moore Yes Eldridge Yes Marquis No Molloy No Boyle No Porter Yes Smalley Yes Moore Yes Eldrid•e T No Marquis Yes Molloy Yes Boyle Yes Porter No KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 11 MOTION PASSED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO RECONSIDER: Council Member Smalley MOVED for reconsideration of Resolution No. 2009 -68 as amended, to be reconsidered at the next council meeting. Council Member Moore SECONDED the motion. A brief recess was taken to confer with City Attorney Stearns related to correct parliamentary procedure with regard to the motion to reconsider. VOTE ON MOTION TO RECONSIDER: *Student Representative Johnson: No MOTION PASSED. D -2b. Substitute B, Resolution No. 2009 -68 Supporting the Goals and Objectives of the Alaska Coastal Communities Global Climate Change Compact and Supporting the State of Alaska Energy Policy as Proposed by the Tri- Borough Commission. Removed from the agenda. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 12 D -3. Resolution No. 2009 -70 Recognizing the Kenai Public Health Center for Its Recent Efforts in Preparing the Community for the H1N1 Virus. Heard prior to D -1. D -4. Heard prior to D -1. Resolution No. 2009 -71 Supporting the Efforts of the Kenai Peninsula Food Bank "Building to Nourish" Campaign to Secure Both Public and Private Financial Support to Match a Rasmuson Foundation Grant for Building Renovations and Upgrades that Will Enhance the Food Bank's Efforts to Provide More Food to the Increasing Numbers of Hungry Within the Kenai Peninsula Borough. D -5. Resolution No. 2009 -72 Requesting the Kenai Peninsula Borough to Allocate $2,000,000 of Its Volume Cap of Recovery Zone Economic Development Bonds to the City of Kenai for Issuance to Fund the City's Library Expansion Project. MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -72 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. Bob Peters, Old Town, Kenai Spoke in support of the resolution. There being no one else wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2009 -73 Approving the Facilities Management Agreement for the Kenai Visitors Cultural Center to the Kenai Convention Visitors Bureau From January 1, 2010 to December 31, 2013. Heard prior to D -1. D -7. Resolution No. 2009 -74 Awarding the Bid to Wright Line for the Kenai Communication Center Ergonomic Upgrade -2009 for the Total Amount of 29,881.94. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 13 MOTION: Council Member Eldridge MOVED for adoption of Resolution No. 2009 -74 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. VOTE: There were no objections. SO ORDERED. D -8. MOTION: Resolution No. 2009 -75 Approving an Application for a Staffing For Adequate Fire and Emergency Response (S.A.F.E.R.) Grant from the U.S. Department of Homeland Security. Council Member Molloy MOVED for adoption of Resolution No. 2009 -75 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. D -9. *Liquor License Renewal Country Liquor 1308 /Package Store Approved by consent agenda. ITEM E: MINUTES E -1. *Regular Meeting of December 2, 2009 Approved by consent agenda ITEM F: UNFINISHED BUSINESS F -1. Approval Extension of Construction Schedule /Lot 14, Block 1, Cook Inlet Industrial Air Park Subdivision Currently Leased to David and Michael Schilling d /b /a Schilling Rentals. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 14 (Clerk's Note: At its December 2, 2009 meeting, the City Council referred the Extension of Construction Schedule to the Airport Commission for review and comment and requested the item be returned for Council consideration at its December 16, 2009 meeting.) City Manager Koch requested extension of the postponement due the Airport Commission's recommendation to treat the amendments as a new lease and he agreed with that recommendation. Koch reported he would discuss the issue with the applicant and would bring a new lease to council for consideration at its next meeting. 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 None. G -3. Ordinance No. 2460 -2009 Increasing Estimated Revenues and Appropriations by S214,390.30 in the General Fund for an American Recovery and Reinvestment Act (ARRA) Grant Received Through the State of Alaska Community Revenue Sharing Grant Program. Introduced by approval of the consent agenda. G -4. Approval Mutual Rescission of Lease /Arctic Barnabas Ministries, Inc. Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. MOTION: Council Member Eldridge MOVED for approval of the mutual rescission of lease with Arctic Barnabas Ministries, Inc., Lot 9A, Block 5, General Aviation Apron Subdivision No. 5. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. Administration confirmed the lessee was current with landing fees. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 15 VOTE: There were no objections. SO ORDERED. G -5. Discussion Direct Administration to Investigate Feasibility of Annexation of Properties in Cannery Road and Kalifornsky Beach Road Areas. City Manager Koch explained that if council wished for administration to investigate an annexation of the area suggested by Council Member Eldridge, it would be in depth, would include several hundred hours of work or the hiring of a consultant to prepare a study, which would be brought back to council for review and consideration. Koch added, he had not received any requests to be annexed from residents in the areas delineated on the map. Eldridge noted he had received comments from residents in the area to be annexed, reviewed information in the packet, and added he believed it was time to discuss and investigate annexing some of the area delineated or all of it. He suggested administration be directed to investigate the issue, but not do a financial analysis, but a report from departments that would be affected and report back to council. A suggestion was made to do an informal poll of residents, i.e. a mail -out poll with self- addressed envelopes. There was no support from council to move forward with any annexation study. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Molloy reviewed actions and discussions held at the December 10, 2009 meeting and noted the letter of commendation included with the Information Items in the council meeting packet. H -2. Airport Commission Council Member Moore reported on actions and discussions held at the December 10, 2009 meeting. Mayor Porter noted the application of Randy Rogers included in the packet and explained the FAA position on the Commission had been vacated. Porter appointed, with the approval of council, Randy Rogers to the Airport Commission. 11-3. Harbor Commission Council Member Smalley reviewed the December 7, 2009 meeting summary included in the packet. Smalley noted the next meeting would be held January 11, 2010. H -4. Library Commission Council Member Marquis reported the next meeting would be held January 5, 2010. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 16 H -5. Parks Recreation Commission Council Member Moore reported the next meeting would be held January 7, 2010. H -6. Planning Zoning Commission Council Member Eldridge reviewed the December 9, 2009 meeting minutes which were included in the packet. H -7. H -7a. Miscellaneous Commissions and Committees Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported he would travel to Washington, DC in February as a member of the AML Board of Directors. H -7c. Mini -Grant Steering Committee No report. H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported the next meeting would be held January 5, 2010. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Presented oxygen masks for animals to Fire Chief Tilly. Attended the Library `s "Breakfast with Santa" fundraiser. Presented hats and gift cards to council to `pay forward' to others. Wished all happy holidays. ITEM J: ADMINISTRATION REPORTS J -1. City Manager City Manager Koch reported the following: He was reading the critical habitat for beluga whales and discussing the issue with NOAA. If NOAA did not respond, he would prepare a resolution for the January 6, 2010 meeting requesting NOAA to extend the comment period. Had received a suggested sketch for a podium design from Clerk Freas and would follow through in the near future. J -2. Attorney No report. J -3. City Clerk Clerk Freas reported the following: The public information search had been launched and was available to the public on the city's website. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 17 Freas was requested to research the use of paid postage envelopes for absentee by- mail voting, as well as the number of signatures needed for certification of by -mail envelopes. Porter suggested charging public for council packets. There was no support of Council to charge for copies. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Lane, Kenai Noted he read Anchorage had been excepted from the beluga whale critical habitat area and suggested the City should encourage Anchorage be held to the same standards of others and noted Shell Oil stated the climate change debate was over. Bob Peters, Old Town, Kenai Discussed public's ability to request copies of the council meeting packets; stated he believed the identification of the critical habit of beluga whales would have more impact to the coastal climate change of Kenai; and, asked when the City of Kenai would be recognized as a member of the Compact (answer was when the resolution was passed). K -2. Council Porter Reported Student Representative Johnson had been accepted at Dartmouth. Boyle Requested an opinion from City Attorney Stearns of the responsibilities of care of museum pieces, values, etc. Thanked Porter for the pay forward gift. Molloy Thanked Porter for the gift card, Council Member Eldridge for attending the Planning Zoning Commission meeting for him, and congratulated Johnson on her acceptance. Smalley Thanked the audience for the public comments, wished all happy holidays, thanked Porter for the gift card, and congratulated Johnson. Moore Wished all a Merry Christmas and thanked Porter for the gift card. Eldridge Thanked the audience for the comments, congratulated Johnson, and wished all Merry Christmas. Johnson Thanked Porter for the gift card, reported recent fundraiser, and wished all happy holidays. 22,000 had been raised for the Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 18 Marquis Thanked Porter for the gift card and congratulated Johnson. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 Pending Litigation and Financial Matters MOTION: Council Member Boyle MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters related to pending litigation and financial matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Boyle requested Attorney Stearns and City Manager Koch to attend. Council Member Molloy SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION CONVENED: 10:44 P.M. BACK TO ORDER: 10:55 P.M. Council Member Boyle reported the Council met in executive session and gave direction to City Attorney Stearns and City Manager Koch to move forward with some issues dealt with in the executive session. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting was adjourned at approximately 10:56 p.m. KENAI CITY COUNCIL MEETING DECEMBER 16, 2009 PAGE 19 Minutes submitted by: Carol L. Freas, City Clerk *The student may case 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. NETE)VED CY C., Ma /�/v' /O