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HomeMy WebLinkAbout2010-01-20 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.aksus 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *A11 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. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses. 2. Paul D. Morrison Patriotism /Free Speech ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. 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. 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 was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/16/09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) 3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. 4. *Liquor License Renewal George's Casino Bar ITEM E: MINUTES 1. *Regular Meeting of January 6, 2010. ITEM F: UNFINISHED BUSINESS 1. Discussion Council Liaison Commission /Committee Appointments ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 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. 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor Joe Moore ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING JANUARY 20, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: www. ci. kenai. ak. u s 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. 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: ADD TO: ADD TO: D -2, Resolution No. 2009 -68 1/19/10 Comments of Susan Smalley. 1/19/10 J. Blankenship email transmission with copy of Kenai Peninsula Borough Resolution No. 2010- 002 /Rescinding KPB Resolution 2009 -05. 1/19/10 Kevin Robin Dix email transmission 1/20/10 William Lois Nelson email transmission 1/20/10 Jenifer Lockwood email transmission 1/20/10 Celia Anderson email transmission D -3, Resolution No. 2010 -03 R. Frates Memorandum related to Marathon Park Master Site Plan KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 2 REMOVE FROM CONSENT AGENDA: ADD AS: MOTION: VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION TO POSTPONE: VOTE ON MOTION TO POSTPONE: There were no objections. SO ORDERED. MOTION: VOTE: There were no objections. SO ORDERED. Item E -1, January 6, 2010 Kenai City Council Meeting Minutes Correction to page 3, Vote on the Appeal. Information Item 9, Draft Amendments Agenda and Packet /Preparation, Distribution, Publication and late materials /Administrative Policies and Procedures Council Member Smalley MOVED for approval of the agenda with the listed changes and Council Member Eldridge SECONDED the motion. Council Member Molloy MOVED to postpone Item E -1, January 6, 2010 Council Meeting Minutes, to the next meeting. Council Member Eldridge SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. Council Member Smalley MOVED to approve the consent agenda as amended. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. Council Member Moore apologized to Administration and the public for his comments made at the last council meeting. KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 3 ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B -1. Bryan Zak, South West Regional Director, Alaska Small Business Development Center Services Provided for Small Businesses. Mr. Zak stated his address as 2525 Sterling Highway, Homer. Zak reviewed services provided by the Alaska Small Business Development Center, noted the Center receives funding through the federal government, and the Center services were free except some workshop materials. B -2. Paul D. Morrison Patriotism /Free Speech Mr. Morrison gave his address as 805 Auk Avenue, Kenai and discussed freedom and reviewed written information provided in the council packet. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Mark Schrag, 312 Princess Lane, Kenai Thanked council for keeping the discussion related to Resolution No. 2009 -68 open; thanked Council for the apologies related to inconvenience and accommodation of the public; and, hoped civil dialog would continue during the meeting. Tim Navarre, 608 Ponderosa, Kenai Referencing the January 6, 2010 council meeting, suggested changes to the council meeting agenda and commented on parliamentary procedure related to suspension of the rules. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -1. MOTION: Ordinance No. 2461 -2010 Increasing Estimated Revenues and Appropriations by S34,000 in the Water and Sewer Fund for the Performance of a Utility Rate Study. Council Member Eldridge MOVED for adoption of Ordinance No. 2461 -2010 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. Comments included: Cost of survey seemed like a lot. Question of whether raising rates was appropriate when water quality standards were not being met. Eldridge Yes Marquis Porter No Yes Molloy Smalley No Yes Boyle No Moore Yes KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 4 Suggestion the cost be discussed during the budget process. The Alaska Department of Environmental Conservation (ADEC) liked rate studies performed on a five -year basis. The information would be helpful in acquiring grant funds for the Bridge Access water line project. Additionally, a rate increase would be a council decision. Having the rate study completed would allow use of the information in the grant application. Support of the study. The $34,000 cost was provided by the engineering firm who did the last rate study. Difficult time to increase the rates and may be appropriate to poll the public to learn if there is interest in ordering a rate study. Suggestion made to postpone the issue, however it was pointed out the information would then not be available for the grant application and without the information, the city's application would have points deducted. The study would be used as a planning tool and there would be no discussion of rate increases during the upcoming budget process. Discussion of a rate increase would not take place until the 2011 process, if at all. VOTE: *Student Representative Johnson: Yes MOTION PASSED. D -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 was before the Council at its January 6, 2010 meeting in exactly the same condition it was in before taking the vote on the resolution as amended; the resolution was open to debate and amendment; no public hearing was held because it had been closed at the 12/ 16/ 09 meeting; at the January 6, 2010 meeting, a motion was passed to postpone the reconsideration of the resolution to January 20, 2010 and include a public hearing.) The floor was opened to public hearing. KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 5 Justin Broyles, 222 Susieanna Lane, Kenai Stated his opposition to the City's support the Compact and preferred council to vote the resolution down at this meeting. Paul Morrison, 805 Auk Avenue, Kenai Questioned who was the head of the organization, what would be the cost to the city if it signed on to the Compact, etc. and stated his opposition to the resolution. Dennis Gifford, 312 Rogers Road, Kenai Stated his appreciation for the support of the Compact as the motives were good; his company was working hard to lower CO2 levels; the Compact was not a business plan; the city resolution would not save the Compact; did not believe anyone would see the city's resolution; there were not enough stakeholders involved in developing the Compact; and, believed the resolution needed to be defeated. David Lee, 345 Dolchok Lane, Kenai Spoke in opposition to the resolution, noting the amendments to the resolution would not be read, but only noted the City of Kenai was a signor to it. Charlie Jones, 2730 Set Net Court, Kenai Stated he believed the compact was too generic; there were a lot of jobs weighing on the Compact; believed signing it would give away the City's voice; it would be better to be more environmentally prepared locally; and believed the resolution should be defeated. Scott Griffith, 51545 Blockade Glacier Road, Kenai Stated his support to rescind the resolution; was concerned the effect the cap and trade would have on the area; the state was very dependent on the gas and oil industry; and, encouraged council to vote on the issue and rescind. Heidi Chay, 37306 Cetacea Lane, Kenai Stated she believed the discussion had gone off tract; believed the city should take specific action, i.e. promote energy efficiency, economic and renewable energy; and, encouraged council to keep the resolution on the table because it would give more motivation to take from it something new and add to be of broader support. Susan Smalley, 105 Linwood Lane, Kenai Referred to information distributed to council at the beginning of the meeting which included comments from industry websites and stated she did not recommend passing or failing the resolution, but was hopeful council would remain committed to doing some from now and into the future. Alan Parks, 65055 nearly Level Road, Homer Stated he worked for the Alaska Marine Counsel, was a commercial fisherman, etc.; believed council was doing a great job in discussing the options; stated the Compact was not an endorsement of cap and trade; the Compact directed revenues to come back to the communities; and, KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 6 encouraged council to discuss the issue in a respectful, and meaningful way to create a process to move forward. Ken Cox, 47204 Lexington Court, Kenai Stated he believed the Compact was tied to cap and trade; if council would pass the resolution, the message would be the community was supporting it; and, encouraged council to vote the resolution down and protect the U.S. businesses. Laura Sievert, 33290 Beaver Loop Road, Kenai Encouraged Council to either approve the resolution or postpone it; believed the Compact had some good points; it was the job of government to look ahead; the Compact spoke directly to looking for alternative energies, etc.; and, hoped conversation would continue on a local level. Zak Moore, 808 Auk Avenue, Kenai Stated he was a junior in high school and looked forward to returning to the area after college and was concerned career opportunities for him would be less if the oil industry would move out to another country. Jonathan Mann, 333 Keystone Drive, Soldotna Stated he was a student at Kenai Peninsula College and a member of the Sustainability Club there; noted he believed all people should be getting involved in consideration of energy efficiency, etc.; and, believed discussion on the resolution needed to continue. Tim Navarre, 608 Ponderosa, Kenai Believed the resolution should be voted down; if voted down, it would not be saying climate change was not occurring; suggested starting with a new resolution from the community; and, a resolution could be amended, but the Compact could not. Pete Goggia, 33333 Community College Drive, Soldotna Believed all agreed there was a need to explore renewable energy; believed the federal government and others wanted to penalize the oil industry; and, believed in a free market, renewable energy sources would be developed. Mark Schrag, 312 Princess Lane, Kenai Stated he believed climate change was occurring; believed opposition to the resolution was due to economic concerns; did not agree with the unwillingness to acknowledge changes; and, added, change was coming, so work with it. Christa Timlin, 48395 Johns Road, Soldotna Stated she appreciated the city's efforts in discussing and considering the resolution; was concerned if the resolution failed, starting over would not happen; hoped, whatever the outcome of the resolution, the city would continue to encourage the community to be involved in the discussion; hoped some of the strong language in the Compact would not be lost, especially KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 7 collaboration with other coastal communities; and, believed the Compact would be more powerful if the communities worked together. Kevin Dix, 306 Princess Lane, Kenai Requested council withdraw support of the resolution and the Compact; stated he opposed the resolution because it supported cap and trade and thought it would be very dangerous for the Peninsula and country's economy; believed it was important to vote the resolution down at the meeting and encouraged more discussion and work sessions. Rodney Hobby, 36125 Ebb Tide Drive, Kenai Stated he was a marine biology student at Kenai Peninsula College; sources of information needed to be creditable; had seen change on the Peninsula, including weather; there was a need to begin addressing the problems; and, believed discussions on climate change needed to continue. Dustin Blum, 303 McKinley Street, Kenai Stated his opposition to the resolution, wanted council to vote on it and vote it down, and, did not believe signing the Compact would fix anything. Kate Vey, 34506 Commerce Street, Soldotna Referred to her association with Kenai Resilience, "A group gathering and celebrating local skills, knowledge and resources toward cultivating a more sustainable community stated she believed the Compact was making a lot of people uncomfortable but was also motivating people to discuss it; believed it would be okay to vote the resolution down, but would not want to lose the Compact as a motivator; and, distributed information related to Kenai Resilience. BREAK TAKEN: BACK TO ORDER: 9:00 P.M. 9:06 P.M. Jim Tapley, 406 Portside Drive, Kenai Stated he felt the resolution was moving against the oil and gas industry; concerned oil and gas industries would pull out if industry pulled out, it would move to other countries with less environmental restrictions, and felt the vote should go forward on the resolution, vote it down, and start with a new resolution. There being no one else wishing to speak, the public hearing was closed. Council comments included: Reminder the question was whether to be a signor on the Compact; when a signor, the document would be taken to governmental entities whose goals would not be the same as industry; the City did not need to be a part of a group to have an opinion; concerned who the messenger would be and what message it would represent; felt it was time to defeat the resolution and start fresh; if defeated, KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 8 Administration could be directed to arrange a town hall meeting and use a facilitator to take information to assist in writing a new resolution; and, would not support the Compact or postponement of the resolution. It was not the intent of bringing the resolution forward for it to be so divisive; the City had not ever been a signatory to the Compact because the matter had been reconsidered; believed additional public process was needed; suggested a 120 day postponement during which time a substitute or replacement resolution could be prepared for consideration identifying action steps all could support; and, postponing the issue would allow time to discuss how to move forward, recognizing being a signatory to the Compact would be moot. The Tri- Borough Commission reference had been included in the resolution; the City had not become a signatory to the Compact; all had learned a lot through comments and information provided; did not want to throw out the resolution because of the testimony given; would support a postponement in order to create a much better document that would not be the Compact. Did not believe the City should be a signatory to the Compact; believed the City had done a lot on its own and was moving forward to conserve energy; the City was in the forefront of many communities with regard to renewable energy; was concerned with the reference of cap and trade; and, would not support postponement and felt Council should start fresh. The issue of being a signatory was moot; lots of diverse comments were received; the resolution was well written and based on commentary from both sides of the debate; believed the important issue was looking ahead to what needed to be done; and, supported postponing to keep reminded of the issue. The issue of being a signatory was not moot if the resolution would be postponed. The City would not be a signatory until the resolution was passed; did not believe it would be a problem to postpone while developing amendments or a new resolution; and, would support the postponement. The resolution could be amended to remove the city as a signatory. Disagreed with the majority of Council, believed the resolution was inconsistent and bad, and was adamantly opposed to the resolution. MOTION TO AMEND: Council Member Moore MOVED to amend the "now, therefore" paragraph (page 8 of the packet) by removing "and hereby adds its name as a signatory to the Compact." Council Member Eldridge SECONDED the motion. Comments on the amendment included: Opposed the amendment as it would be a reminder. Clarification was requested with regard to a previous motion to amend to remove that statement and the motion was defeated. Was it proper to allow the amendment motion. City Attorney Stearns stated it was proper. Eldridge Yes No Marquis Porter Yes Yes Molloy Smalley Yes Yes Boyle Moore Yes No Smalley Yes Moore Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter No Smalley Yes Moore No KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 9 Support of the amendment. Encouraged council to support the amendment as industry maybe would be more involved in developing a new resolution or amending the current resolution. :TOTE: *Student Representative Johnson: Yes MOTION PASSED. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Resolution No. 2009 -68 as amended to the May 19, 2010 council meeting, the second meeting in May. Council Member Boyle SECONDED the motion. Council Member Molloy suggested that prior to the May 19, 2010 meeting, a town hall meeting could be planned and held; council work sessions could be held to develop a resolution from information and comments received at the town hail meeting, as well as previous comments made; and, a planning committee for the town hall meeting would include Mayor Porter, Vice Mayor Smalley, City Attorney Stearns, and City Clerk Freas. Additionally, a moderator could be used to chair the meeting and Council would be members of the public, no vote would be taken, and the intent would be to develop a viable action to take at the local level. He added, preliminary information could be brought back to council at the February 3 meeting. It was noted, the resolution could be postponed further if needed. VOTE: *Student Representative Johnson: Yes MOTION PASSED. BREAK TAKEN: 9:47 P.M. KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 10 BACK TO ORDER: 9:53 P.M. D -3. Resolution No. 2010 -03 Authorizing Administration to Enter Into a Memorandum of Agreement with Alaska State Parks Design 84 Construction for Development of a Master Site Development Plan for a Small City Park on the Corner of Marathon Road and Magic Avenue. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -03 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. Janine Espy, 403 McCollum Drive, Kenai Stated she was very supportive of a new park; wanted to see the design plans; and, concerned the location would include connecting Magic Avenue through to Marathon Road. City Manager Koch explained, to the best of his knowledge there was no plan or thought to open Magic Avenue through to Marathon Road and never had been; the development would be used as an opportunity to replat and vacate a portion of the Magic Avenue right of way; and, the park would include seven to eight and one -half acres with a lake. VOTE: There were no objections. SO ORDERED. D -4. Liquor License Renewal George's Casino Bar Approved by consent agenda. ITEM E: MINUTES E -1. Regular Meeting of January 6, 2010. Removed from the consent agenda and postponed to the February 3, 2010 meeting for approval. ITEM F: UNFINISHED BUSINESS F -1. Discussion Council Liaison Commission /Committee Appointments Koch referred to his memorandum included in the packet and noted: KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 11 The four entities providing facility management services for the City were the Kenai Convention and Visitors Center (KCVB), Fire Training Center, Kenai Recreation Center, and the Multipurpose Facility. All the facility management contracts were managed by the Administration with the city manager as the point of contact. Only the KVCB had a Council ex- officio member /consultant. To avoid conflict between the City and a council member as a liaison, confusion to whom a contractor needed to communicate with and /or to whom to be accountable, conflict between the council member and the city manager during contract negotiation or resolving of an issue, Administration recommended the policy of Council be limited to what was provided by the Kenai Municipal Code, no council member be assigned as a liaison to the KCVB Board of Directors, and if necessary a staff member be assigned to attend board meetings and provide reports to the city manager who would provide the report to Council. Council discussion followed with comments including. Disagreement with statement related to conflict when a council member was a liaison to the board. Disagreement with assignment of a staff member. A liaison to the KVCB should continue, belief the system was currently working, and the relationship between the City and KVCB was different than those with other contractors. Suggestion to discuss whether or not to have a liaison to the KVCB in another year, but in general would like independence. No one had been appointed as a liaison. A code change would not be necessary to allow for a liaison to the KVCB. MOTION: Council Member Boyle MOVED that a member of the city council continue to act as a liaison with the Kenai Convention Visitors Bureau Board of Directors and appoint Council Member Smalley as the liaison. Council Member Marquis SECONDED the motion. Discussion on the motion included: It was not up to the city to foster; when the KVCB was opened, the City did not want to be involved in managing it; felt recently it was not working well; and, if council decided to keep a liaison, felt there was a need to discuss the protocol with that relationship. Council recently approved a much more stringent contract with the KCVB; felt it would cloud the issue if appointment of a liaison was continued; thought it would be inappropriate; and, the KCVB needed to run on its own and if problems arise, they should be taken to the city manager. Eldridge No Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore No KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 12 A liaison had been appointed since 1991 when the facility opened; the new contract had major changes and took a long time to process; and, supported the liaison assignment. Suggestion Mayor Porter be liaison; if not her, preference would be for Administration to send a staff person as well; and, felt it extremely important for council to get a total view of all commissions /committees. Mayor Porter was already an ex- officio member of the Board and would not be excluded for attending meetings. A staff person could also be assigned by the city manager to attend the meetings. VOTE: *Student Representative Johnson: Yes MOTION PASSED. ITEM G: 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 for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: NEW BUSINESS KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 13 There were no objections. SO ORDERED. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reviewed the January 14, 2010 meeting summary which was included in the packet. H -2. Airport Commission Council Member Moore reviewed the January 14, 2010 meeting summary which was included in the packet. H -3. Harbor Commission Mayor Porter reviewed the January 11, 2010 meeting summary which was included in the packet. 11-4. Library Commission Council Member Marquis reported the next meeting was scheduled to be held February 2, 2010 and noted a vacancy existed on the Commission. Mayor Porter noted the applications included in the packet and appointed Jessica Bookey without objection from Council. H -5. Parks Recreation Commission Council Member Boyle reported a joint work session was held immediately prior to the January 7, 2010 Parks Recreation Commission between the Commission and the Beautification Committee. Boyle reviewed the Commission meeting summary which was included in the packet. Mayor Porter reviewed applications included in the packet and appointed Gary Oliver to the Commission without objection from Council. Clerk Freas was requested to prepare a thank you letter for Commissioner Wortham. H -6. Planning Zoning Commission Council Member Molloy reviewed the January 13, 2010 minutes which were included in the packet; reported the January 27 meeting had been cancelled; and, reported he would be absent from the February 24, 2010 meeting and Council Member Eldridge would attend. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee Mayor Porter noted a work session was held with the Parks Recreation Commission and special meeting had been scheduled for February 4, 2010. H -7b. Alaska Municipal League Report Council Member Smalley reported on the following: His attendance at a Washington, DC conference sponsored by National Association Counties and paid for by the Alaska Municipal League. The AML Winter Legislative Meeting in Juneau, February 1 -3, 2010 (costs were shared between the Borough and City). KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 14 meeting. He would participate telephonically for the February 3, 2010 council H 7c. Mini Grant Steering Committee Mayor Porter noted a meeting had been scheduled for January 29, 2010. H -7d. Kenai Convention Visitors Bureau No report. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reviewed discussions and actions taken at the January 19, 2010 Assembly Meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: Appointment of Craig Fanning to the Personnel Arbitration Board with no objections from Council. Referred to the added draft amendments to the Administrative Policies for preparation and distribution of council packets, etc. She noted she had requested the draft amendments be provided to Council and a resolution would be before the Council at its February 3, 2010 meeting for consideration. She and City Manager Koch met with the Governor, as well as Commissioner Schmidt, Division of Corrections, during their recent visit to the area. She attended the Proposed Critical Habit for Beluga Whales presentation and found it very interesting. She would be traveling to Juneau in February to attend the AML Winter Legislative Meeting. She attended and made a presentation at the Economic Development Forum. The forum was well attended and very informative. She and Koch met with a Senator Murkowski aide related to capital improvement needs. She and Koch would be meeting with representatives of the Kenaitze Indian Tribe and Salamatof Native Association. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch noted the following: Requested a work session be held to discuss the history of the Marathon Road property leased by the University of Alaska, a portion used for location of the Fire Training Facility, etc. and to discuss timelines for bonding and possible funding from the General Fund for the library expansion project. A work session was scheduled for January 27, 2010, to be held in the council chambers and begin at 7:00 p.m. Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals No report. KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 15 Met with the Governor and members of his staff and discussed the bluff erosion project, dipnetting issues, and capital improvement needs. Discussed the need for a small pad for five wells with the Deputy Commissioner of the Department of Natural Resources related to a Trans -Canada reinjection facility. Met with Commission Schmidt of the Department of Corrections related to a new 32 -bed transitional housing unit being constructed at Wildwood Correctional Facility. legislators. Would be traveling to Juneau in mid February to meet with area Discussed findings of new wells and tests related to color. Met with some local contractors related to wind generation. He planned to include funding in the upcoming budget to research economic feasibility for wind generation in the City. The Beluga Whale comment time was extended to March 3, 2010 and Administration would be preparing comments to submit. An award of bid would be coming forward in approximately 45 days for the proposed Marathon Park development. J 2. Attorney City Attorney Stearns reported the following: She would be attending a seminar in February related to the Endangered Species Act. She was attending local Bar Association meetings. She was researching policies and procedures and possible amendments to them. She had reviewed pre -filed legislative bills and provided initial information to Council. J -3. City Clerk No report. ITEM K: DISCUSSION K -1. Citizens (five minutes) Mark Schrag, 312 Princess Lane, Kenai Stated he had been requesting collaboration over a year and believed it a good idea; Council had been realigned after the October election; and, Council needed to work together for the good of the City. Tim Navarre, 608 Ponderosa, Kenai Stated he believed Council had muddied the water related to Resolution No. 2009 -68; did not think the public should be involved in formulating a new resolution because the Council was elected to do that; the Compact should go away; and, would rather the Council voted the resolution up or down. K -2. Council KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 16 Smalley Thanked the public for their comments. Moore No comments. Eldridge Stated the recently held economic forum was well- attended and very informative. Johnson No comments. Marquis Thanked the public for attending the meeting and Brian Zak for his presentation. Molloy No comments. Boyle No comments. Porter No comments. 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.) Approval Extension of Construction Schedule Lot 14, Block 1, Cook Inlet Industrial Air Park Schilling Rentals. (Clerk's Note: At the January 6, 2010 meeting, Council voted to table this item for 90 days, with a progress report to be given at each council meeting.) EXECUTIVE SESSION None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 11:14 p.m. KENAI CITY COUNCIL MEETING JANUARY 20, 2010 PAGE 17 Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. A$:rtOW