HomeMy WebLinkAbout2010-01-06 Council MinutesITEM A: CALL TO ORDER
AGENDA
KENAI CITY COUNCIL REGULAR MEETING
JANUARY 6, 2010
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. 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.
2. Resolution No. 2010 -01 Approving a Contract to for the
Project Entitled Bridge Access Water and Sewer 2009 for the Total
Amount of S
3. Resolution No. 2010 -02 Respectfully Requesting the National Oceanic
and Atmospheric Administration, National Marine Fisheries Service, to
Extend the Comment Period Regarding the Proposed Rule Designating
Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and
Request a Public Hearing be Held in Kenai, Alaska.
ITEM E: MINUTES
1. *Regular Meeting of December 16, 2009.
ITEM F: UNFINISHED BUSINESS
1. Approval Extension of Construction Schedule Lot 14, Block 1, Cook
Inlet Industrial Air Park Schilling Rentals
(Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the
previous postponement to January 6, 2010.)
2. Resolution No. 2009 -68 Supporting the Alaska Coastal Communities
Global Climate Change Compact and Supporting the State of Alaska
Energy Policy as Proposed by the Tri- Borough. Commission.
(Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted,
amended and passed Resolution No. 2009 -68. Subsequently, a motion for
reconsideration was made and passed. The resolution is now before the Council in
exactly the same condition it was in before taking the vote on the resolution as
amended. The resolution is open to debate and amendment. Because the public hearing
was held and closed, there is no further public comment or hearing.)
ITEM G: NEW BUSINESS
1. Ratification of Bills
2. Approval of Purchase Orders Exceeding 15,000
3. *Ordinance No. 2461 -2010 Increasing Estimated Revenues and
Appropriations by $34,000 in the Water and Sewer Fund for the
Performance of a Utility Rate Study.
4. Approval Commission /Committee Term Reappointments
5. Discussion Council Liaison Commission /Committee Appointments
6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and
Adjoining Lease.
ITEM H: COMMISSION /COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks Recreation Commission
6. Planning 86 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 None Scheduled
ITEM M: ADJOURNMENT
Joe Moore (telephonic)
Barry Eldridge
Ryan Marquis
Robert Molloy
Mike Boyle
Pat Porter, Mayor
Hal Smalley, Vice Mayor
ITEM A: CALL TO ORDER
KENAI CITY COUNCIL REGULAR MEETING
JANUARY 6, 2010
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: /www.ci.lcenai.ak.us
MAYOR PAT PORTER, PRESIDING
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:
ADD TO:
ROLL CALL
The City Clerk took roll. Present were:
A quorum was present.
It was noted Council Member Moore was participating telephonically from Hawaii.
Also present: Student Representative Maya Johnson
A -3. AGENDA APPROVAL
The following changes were requested:
SUBSTITUTE: ITEM D -2, Resolution No. 2010 -01, the substitute.
ITEM D -3, Resolution No. 2010 -02 12/22/09
Commissioner Lloyd's letter to National Marine Fisheries
Service requesting the comment period on the designation
of critical habitat for Cook Inlet Beluga Whales be extended
and a hearing be held in the Kenai Peninsula Borough.
ADD TO: ITEM G -2, Purchase Orders Exceeding $15,000
Increase of existing purchase order Nelson Associates
ITEM G -5, Discussion /Council Liaison Commission/
Committee Appointments Communication from Kenai
Convention Visitors Bureau, Inc.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 2
MOTION:
Council Member Smalley MOVED for approval of the agenda with the additional
information and requested UNANIMOUS CONSENT. Council Member Eldridge
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 Eldridge SECONDED the
motion.
VOTE:
There were no objections. SO ORDERED.
ITEM B:
None.
ITEM C:
SCHEDULED PUBLIC COMMENTS (10 minutes)
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
Paul Morrison, 805 Auk Avenue, Apt #12, Kenai Started to speak with regard to
the Climate Change Compact.
A point of order was requested by Council Member Boyle, noting he believed
discussing the Compact at that point on the agenda would be inappropriate as the
published agenda stated that public testimony would not be allowed on the resolution
and discussing it at that time would be unfair to others who did not attend the
meeting because a public hearing was not advertised.
Discussion followed during which City Attorney Stearns advised Council Member
Boyle raised a point of order, which did not require a second, required a ruling of the
Chair, and was not debatable.
Mayor Porter stated she would allow public testimony to continue on the issue.
MOTION TO APPEAL THE RULING OF THE CHAIR:
Moore
No
Eldridge
No
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
No
Smalley
Yes
Moore
Eldridge Yes
Mar.uis
No
Mollo
No
Boyle No
Porter
Yes
Smalle
No
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 3
Council Member Boyle MOVED whether the body stood behind the ruling of the Chair.
Stearns advised the motion was close to the code wording to appeal the ruling of the
Chair, the motion was not debatable, a majority vote would be needed to support the
decision of the Chair, and, an affirmative vote would be to go forward with comment
and a negative vote would be to not allow public comment on the issue at
Unscheduled Public Comment.
VOTE ON THE APPEAL:
Student Representative Johnson: No
MOTION FAILED.
MOTION TO SUSPEND THE RULES /POSTPONE RECONSIDERATION:
Council Member Molloy MOVED to suspend the rules regarding reconsideration of
Resolution No. 2009 -68 so that Council postpones Resolution No. 2009 -68 for a
properly noticed additional public hearing at the next meeting, January 20, 2010, so
that the public hearing is reopened and additional public comment can be taken. All
written emails, resolutions and memos received since the December 16, 2009 meeting
can be included in the public record on this resolution. Council Member Boyle
SECONDED the motion.
Stearns advised, the motion was non debatable.
VOTE:
Student Representative Johnson: Yes
MOTION PASSED.
It was noted, Resolution No. 2009 -68 would be included on the January 20, 2010
council meeting agenda with an additional advertised public hearing.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 4
BREAK TAKEN: 7:35 P.M.
BACK TO ORDER: 7:45 P.M.
Council Member Moore stated his objection to not allowing public comment on the
issue and ended his telephonic participation.
Council Member Molloy explained his actions with the motion to suspend the rules
and postpone the reconsideration of Resolution No. 2009 -68, noting he believed to
allow comment on Resolution No. 2009 -68 at "Unscheduled Public Comment" would
have been a public hearing on the issue without a public hearing having been
advertised. The passage of the motion would insure the public to be able to speak to
the issue during a properly advertised public hearing and would include all materials
received on the issue to be a part of the record.
Council Member Smalley apologized for any misunderstanding or misconception of the
public and noted, public comment could be given on any subject, whether on the
agenda or not, at the end of the meeting at which time each person would have five
minutes in which to speak. The public hearing scheduled for January 20, 2010 would
allow everyone to come and speak.
Council Member Eldridge stated he felt it appropriate that public comments should
have been taken on any subject.
ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
D -1.
MOTION:
The floor was opened to public hearing. There being no one wishing to speak, the
public hearing was closed.
Ordinance No. 2460 2009 Increasing Estimated Revenues and
Appropriations by 5214,390.30 in the General Fund for an American
Recovery and Reinvestment Act (ARRA) Grant Received Through the
State of Alaska Community Revenue Sharing Grant Program.
Council Member Eldridge MOVED for adoption of Ordinance No. 2460 -2009 and
Council Member Smalley SECONDED the motion.
VOTE:
Student Representative Johnson: Yes
Moore
Absent
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 5
MOTION PASSED UNANIMOUSLY.
D -2. Resolution No. 2010 -01 Approving a Contract to for the
Project Entitled Bridge Access Water and Sewer 2009 for the Total
Amount of
D -2a. Resolution No. 2010 -01 Approving a Contract to North Star Paving
Construction for the Project Entitled bridge Access water and Sewer 2009
for the Total Amount of $3,218,000.80.
MOTION:
Council Member Eldridge MOVED to adopt Resolution No. 2010 -01, the substitute
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.
VOTE:
There were no objections. SO ORDERED.
D -3.
MOTION:
Resolution No. 2010 -02 Respectfully Requesting the National Oceanic
and Atmospheric Administration, National Marine Fisheries Service, to
Extend the Comment Period Regarding the Proposed Rule Designating
Critical Habitat for Cook Inlet Beluga Whale to April 30, 2010 and
Request a Public Hearing be Held in Kenai, Alaska.
Council Member Eldridge MOVED for the adoption of Resolution No. 2010 -02 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.
VOTE:
There were no objections. SO ORDERED.
Moore
Absent
Eldridge
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Smalley
Yes
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 6
ITEM E: MINUTES
E -1.
agenda.
Regular Meeting of December 16, 2009 Approved by consent
ITEM F: UNFINISHED BUSINESS
F -1. Approval Extension of Construction Schedule Lot 14, Block 1, Cook
Inlet Industrial Air Park Schilling Rentals
(Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council extended the
previous postponement to January 6, 2010.)
City Manager Koch explained the extension request was time certain in returning to
council for consideration. However, administration had not been able to fully discuss
the issue with the lessor but would be able to do so within 30 -45 days.
MOTION:
Council Member Boyle MOVED to table the request for extension of construction
schedule for Lot 14, Block 1, Cook Inlet Industrial Air Park with a status report at
every meeting. Council Member Marquis SECONDED the motion.
VOTE ON TABLING MOTION:
Student Representative Johnson: Yes
MOTION PASSED UNANIMOUSLY.
F -2.
Resolution No. 2009 -68 Supporting the Alaska Coastal Communities
Global Climate Change Compact and Supporting the State of Alaska
Energy Policy as Proposed by the Tri- Borough Commission.
(Clerk's Note: At its December 16, 2009 meeting, the Kenai City Council substituted,
amended and passed Resolution No. 2009 -68. Subsequently, a motion for
reconsideration was made and passed. The resolution is now before the Council in
exactly the same condition it was in before taking the vote on the resolution as
amended. The resolution is open to debate and amendment. Because the public hearing
was held and closed, there is no further public comment or hearing.)
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 7
Item was postponed at the beginning of the meeting to the January 20, 2010 council
meeting.
ITEM G:
G -1.
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.
G -3.
NEW BUSINESS
Ratification of Bills
Ordinance No. 2461 -2010 Increasing Estimated Revenues and
Appropriations by $34,000 in the Water and Sewer Fund for the
Performance of a Utility Rate Study.
Introduced by approval of the consent agenda.
G -4. Approval Commission /Committee Term Reappointments
Referring to information included in the packet, Mayor Porter stated she wanted to
reappoint the following commission /committee members:
Bill Osborn Harbor Commission
Tricia Canady Beautification Committee
Marilyn Dimmick Beautification Committee
Jim Zirul Airport Commission
Henry Knackstedt Airport Commission
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 8
MOTION:
VOTE:
Jim Bielefeld Airport Commission
Lois Mae Nelson Council on Aging
Phil Bryson Planning Zoning Commission
Roy Wells Planning Zoning Commission
Council Member Smalley MOVED for approval of the continuation of tei,us
suggestions on various commissions and committees and requested UNANIMOUS
CONSENT. Council Member Eldridge SECONDED the motion.
There were no objections. SO ORDERED.
Mayor Porter requested a letter thanking Leah Stanford for her services to the
Beautification Committee be prepared and noted she would seek applicants for other
openings on the commissions and committees.
G -5. Discussion Council Liaison Commission /Committee Appointments
Discussion followed related to whether council wished to continue council liaison
appointments to commissions /committees of contractors to the city, i.e. Kenai
Convention Visitors Bureau (KCVB), Boys Girls Club, etc.
Council comments included:
There had been a liaison to the KCVB Board since its inception and a
memo added to the packet earlier in the meeting indicated the Board's wish for a
liaison position to continue.
Desire to not have liaisons to contractors' boards as it was felt the lack of
a liaison would be helpful to the independence of those boards.
Belief it would be appropriate to have the city manager interact with the
contractors and not have a liaison.
Question of why there had been a liaison assigned to the KCVB and not
the Boys Girls Club. Answer given was one was never established with the Boys
Girls Club.
Responsibilities and involvement of the city with regard to the KCVB is
different than other contractors.
Request of Clerk to investigate the history of liaison appointments to the
KCVB and report back at the January 20, 2010 council meeting.
Depending on desire of council, a code change could be required.
Liaisons could be staff members instead of council members.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 9
G -6. Approval Amendment to Lease Salamatof Seafoods, Inc. Dock and
Adjoining Lease.
City Manager Koch explained the lease amendment was a housekeeping issue, i.e. a
portion of the leased property, owned by the city, would be used for the bridge access
road water /sewer project. The amendment to the lease would remove that portion of
the property from the lease. There would be no reduction in lease payments as the old
lease cost was set at a figure much less than what would be current fair market value.
MOTION:
Council Member Smalley MOVED for approval of the amendment to lease to Salamatof
Seafoods, Inc. Dock and Adjoining Lease pursuant to the recommendations of City
Manager Koch in his memorandum. Council Member Eldridge SECONDED the motion
and requested UNANIMOUS CONSENT.
VOTE:
There were no objections. SO ORDERED.
ITEM H: COMMISSION /COMMITTEE REPORTS
H -1. Council on Aging Council Member Boyle reported the next meeting
would be held on Thursday, January 14, 2010.
H -2. Airport Commission No report.
H -3. Harbor Commission Council Member Smalley reported the next
meeting would be held on January 11, 2010. Smalley stated he would be unable to
attend and Mayor Porter stated she would attend.
H -4. Library Commission Council Member Marquis reported on the
meeting held Tuesday, January 5, 2010.
H -5. Parks Recreation Commission It was noted the next meeting would
be held on January 7, 2010.
11-6. Planning Zoning Commission Council Member Molloy reported the
next meeting would be held on Wednesday, January 13, 2010.
11-7. Miscellaneous Commissions and Committees
H -7a. Beautification Committee No report.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 10
H -7b. Alaska Municipal League Report Council Member Smalley reported
he would be traveling to Washington, DC with other AML Board of Directors for
training and meetings. The trip would be sponsored by AML and there would be no
cost to the city.
H -7c. Mini -Grant Steering Committee No meeting.
11-7d. Kenai Convention Visitors Bureau No report.
H -7e. Reports of KPB Assembly, Legislators and Councils Assembly
Member Smalley reported on actions taken by the Assembly at its January 5, 2010
meeting.
ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following:
There would be a reception for Governor Parnell at the Visitors Center on
Monday, January 11, 2010 sponsored by the city.
She, Koch and Council Member Molloy were working with other city
residents related to preparation of an All-America City application.
Thanked the Parks Recreation Department for the Christmas
decorations in the parks, etc.
Was pleased to read the Fire Department had applied for a grant to fund
costs to hire three additional firefighters.
She attended the Don Young open house.
She attended the Alumni Hockey game
She and Koch met with the manager of Wal -Mart. They were informed
the grand opening was scheduled for early morning of March 31, 2010.
Requested an overview of playgrounds be prepared and include needs for
improvements or new playgrounds.
Reminded Koch of the request for a new podium.
ITEM J: ADMINISTRATION REPORTS
J -1. City Manager City Manager Koch reported the following:
The All- America City working group have discussed ideas and agreed to
apply next year in order to complete some current projects and allow more time to
prepare the application. It was suggested one person from the city travel to Kansas
City to attend the All America presentations this year.
To find a suitable solution, he would be contacting property owners who
were pushing snow onto and were trespassing city property.
Requested council to forward suggestions for projects in order to
consider them in the upcoming budget process.
Reported he would be meeting with Governor Parnell on Monday and
with Office of Budget Management personnel on Tuesday.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 11
Reported a presentation by Brad Smith, National Marine Fisheries
Services would be held on Thursday, January 14, 2010 at the Kenai Central High
School auditorium.
Noted the Administrative Budget Transfers information would
continually be included as a Information Item No. 2 in the packet.
Consultants were working on testing water color.
Kenai Central High School would be the host team for the Regional
Hockey Tournament.
Comments of council included:
Thank you to city crews for keeping the streets in good shape.
A citizen asked why the graders did not lift gates when plowing close to
fire hydrants to avoid burying the hydrants.
Thanked the crews for clearing sidewalks in the city.
Citizen contact stated concern the fire hydrants on Lawton Drive were
buried in snow.
J 2. Attorney City Attorney Stearns reported:
She was considering attendance at an Endangered Species Act continued
education seminar.
She received a notice of payout on the KCVB building radiant heating
class action case. It was expected the payoff would be completed by July.
She was investigating collection matters.
Porter suggested reminders be forwarded to those commission /committee members
who meet on a quarterly basis prior to packets being sent.
J 3. City Clerk Clerk Freas reminded Council of the Board of Adjustment
Hearing scheduled for January 21, 2010, beginning at 6:30 p.m. She noted, the
information packets for the hearing were available in their office mailboxes.
ITEM K: DISCUSSION
K -1. Citizens (five minutes)
Barbara Ruckman, 1109 Colonial Drive, Kenai Commented on the Compact and
referred to an article she submitted in which the writer expressed his disbelief of
climate change.
Mike Mendenhall, 4700 Sockeye Circle, Kenai Stated he would be out of town on
January 20 and encouraged Council to remove the City of Kenai as a signatory to the
Compact. It was noted, the council had not signed onto the Compact because the
resolution had been scheduled for reconsideration and that Mendenhall's comments
would be made a part of the record.
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 12
Susan Smalley, 105 Linwood Lane, Kenai Stated she agreed with evaluating the
playgrounds and need for additional playgrounds in the city; she noted there were two
sides and many facets to the discussion of the Compact; and, noted the need for
respecting each other's opinions.
Heidi Chay, 3306 Cetacea Lane, Kenai Agreed with the need to respect opinions,
the Compact was a difficult issue; proposed to postpone action and hold public
hearings on what people could do in the city and households, without discussing cap
and trade, and focus on what could be done that reflected climate changing and
envisioning the economy after oil.
Dennis Gifford, 312 Rogers Road, Kenai Stated he felt the message was
overlooked; did not disagree about reduction of CO2 emissions; did not think the
Compact represented the area; there was a need to include more stakeholders,
including industry, in the discussions; and opposed the resolution supporting the
Compact.
Mike Beck, 406 Lawton Drive, Kenai Commended Molloy for the resolution; felt
the resolution was fairly presented; and, agreed with everything in it except the cap
and trade.
Mark Schrag, 312 Princess Lane, Kenai Stated he appreciated the comments,
thought the postponement was the best solution, and felt collaboration would bring
the best solution.
Jackie McGahan, 517 Maple Drive, Kenai Stated he appreciated the ability to
discuss and comment and felt the Compact and cap and trade would be detrimental to
the community.
Kate Vey, 34506 Commerce Street, Soldotna Thanked Molloy for presenting the
resolution; would like to have the Compact passed but felt there was need to discuss
it; felt renewable energy development important; wanted to keep the dialog open; and,
supported the Compact resolution.
MOTION:
Council Member Molloy MOVED to add to the record of the public hearing, or the
series of public hearings that may be held on the issue, the testimony of all those who
gave public comment at this time (to be part of what council would consider). Council
Member Smalley SECONDED the motion. Council Member Eldridge requested
UNANIMOUS CONSENT.
VOTE:
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 13
There were no objections. SO ORDERED.
A request was made for all the testimony to be placed on the webpage under "hot
topics."
K -2. Council
Smalley Thanked the public for staying and speaking at the end of the meeting and
added, regardless where one was on the issue, being able to speak was what
democracy was about. Hopefully, the dialog that was held and would be held would
work toward a solution..
Eldridge Thanked the people for attending and he appreciated the input and
added the importance of the oil industry to the community and how the industry
impacted the state.
Reminded all of the economic development forum to be held on January
14 -15.
Johnson Thanked the public for attending and stated she was impressed by the
testimony presented.
Marquis Thanked the public for speaking and felt there were good points made on
both sides. He apologized for the confusion as a public hearing had not been
advertised. He voted against taking public testimony because he wanted to see the
issue on the record with all people notified.
Molloy Stated reconsiderations were not done often; felt there were really good
comments given at the end of the meeting which was very informative; reminded all
there would be an additional public hearing on January 20, 2010; and more
information had been submitted since December 16 that the public had not been able
to review. Thanked all for their patience.
Boyle Apologized for the confusion; the government needed to operate under
strict rules; it was not his intent to restrict people from speaking; the motion to
postpone would allow people to speak; and, it was council's responsibility to uphold
the rules to be fair to everyone.
Referred to information included in the packet related to costs involved
for a wind energy project for a city building.
Porter Stated she did not do anything wrong at the beginning of the meeting; she
conducted the meeting as normally conducted; she consulted with the city attorney;
when the city clerk made the recommendation to not allow this to happen, that it was
not in the code; it was not in the code that it could not be done; what she did was not
KENAI CITY COUNCIL MEETING
JANUARY 6, 2010
PAGE 14
illegal; and, she did nothing that was incorrect. Thanked all for coming and added, if
more information was received, it would be helpful for council's deliberations.
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 None Scheduled
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 9:02 p.m.
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 cote 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.