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HomeMy WebLinkAbout2010-04-07 Council MinutesITEM A: CALL TO ORDER ITEM B: ITEM C: ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 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 *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. SCHEDULED PUBLIC COMMENTS (10 minutes) UNSCHEDULED PUBLIC COMMENTS (3 minutes) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). 2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. 3. Ordinance No. 2475 -2010 Increasing Estimated Revenues by S2,029,343.75 and Appropriations by $2,023,595 in the Debt Service Fund. a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. 4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. a. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. 5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. 6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. 7 Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. 8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00. 9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital Projects Manager from the Capital Projects Management Fund. 10. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. 11. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn 12. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site 13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). ITEM E: MINUTES 1. *Special Meeting of March 13, 2010. 2. *Regular Meeting of March 17, 2010. ITEM F: UNFINISHED BUSINESS 1. Discussion /Action Item Town Hall Meeting ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by $895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC). 4. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). 5. Action Item Amendments to Leases /Rate Changes Kenai Golf Course. 6. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms. 7. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. 8. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. 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 EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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 the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 -15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 -15 was postponed, no time certain.) ITEM M: ADJOURNMENT Joe Moore Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: A -1. A -2. ADD TO: REMOVE: ADD TO: MOTION: VOTE: ROLL CALL KENAI CITY COUNCIL REGULAR MEETING APRIL 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING 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 PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. The City Clerk took roll. Present were: MINUTES A quorum was present. Also present: Student Representative Maya Johnson A -3. AGENDA APPROVAL The following changes were requested: Item D -1, Ordinance No. 2472 -2010 4/7/2010 Memorandum from City Attorney Stearns with amendment language. Item D -11, Protest /Liquor License Renewal Little Ski Mo Drive Inn (Clerk's Note: Protest was due to unpaid sales and property taxes. Notification was received from the Borough amounts were brought current.) Item F -1, Discussion /Action Item Town Hall Meetng H. Chay email transmission related to planning of Town Hall meeting. Council Member Smalley MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 2 There were no objections. SO ORDERED. A -4. CONSENT AGENDA The following change was requested: ADD AS: Item D -11, Liquor License Renewal Little Ski Mo Drive Inn MOTION: Council Member Smalley MOVED to approve the consent agenda with the requested change 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) David Caswell, Sterling Caswell updated Council with regard to the Honor and Remember Flag, noting progress of Alaska Legislature's action of a House Resolution, and passage of resolutions of support by the Kenai Peninsula Borough Assembly and the Soldotna City Council. Caswell urged Council to create and approve a resolution of support. ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) D -2. Ordinance No. 2472 -2010 Making Corrective Amendments to the Development Requirements Table in KMC 14.24.020 Providing for Rear Setbacks of Ten (10) Feet in the Light Industrial (IL), Heavy Industrial (IH), Central Commercial (CC), General Commercial (CG), and Central Mixed Use Zones (CMU). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2472 -2010 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 3 MOTION TO AMEND: Council. Member Eldridge MOVED to amend Ordinance No. 2472 -2010 by deleting the last WHEREAS statement in its entirety and replacing it with a new WHEREAS statement to read: WHEREAS, because the rear setback standard of ten feet had been enforced since the effective date of Ordinance No. 2381 -2009, and because this ordinance is corrective in nature to effectuate the Council's clear intent in Ordinance No. 2381 -2009, it is the express intent of the Council that the setback standard should apply retroactive to March 18, 2009, the effective date of Ordinance No. 2381 -2009. And further, to clarify the effective date as indicated on the bottom of the ordinance should be May 7, 2010. Council Member Molloy SECONDED the motion. There were no Council comments: VOTE ON AMENDMENT: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. It was noted there had been no known violations as a result of the ordinance and no problems with the application of the ten -foot setback. VOTE ON MOTION AS AMENDED: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2473 -2010 Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for a Library Grant. MOTION: Moore Yes Eldridge Boyle Yes Yes Marquis Porter Yes Yes Molloy Yes Smalley Yes Smalley Yes Moore Yes Eldrid e Yes Marquis Porter Yes Yes Molloy Yes Boyle Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 4 Council Member Eldridge MOVED for adoption of Ordinance No. 2473 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -3. D -3a. Substitute /Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by $2,023,289.94 in the Debt Service Fund. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2475 -2010, the substitute and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were Council comments. VOTE: Ordinance No. 2475 -2010 Increasing Estimated Revenues by $2,029,343.75 and Appropriations by S2,023,595 in the Debt Service Fund. Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,660,000 in the Library Improvements Capital Project Fund. Moore Yes Eldridge Boyle Yes Yes Marquis Porter Yes Yes Molloy Yes Smalley Yes Yes Moore Yes Eldridge Yes Yes Marquis Porter Yes Yes Molloy Yes Boyle Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 5 D -4a. Substitute /Ordinance No. 2474 -2010 Increasing Estimated Revenues and Appropriations by $4,775,516 in the Library Improvements Capital Project Fund. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2474 -2010, the substitute and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -5. Ordinance No. 2476 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Multipurpose Facility Capital Project Fund for Installation of Energy Efficient Lighting. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2476 -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. There were no Council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. Moore Yes Eldridge Boyle Yes Yes Marquis Porter Yes Yes Molloy Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 6 D -6. Ordinance No. 2477 -2010 Authorizing a Budget Transfer Within the General Fund and Increasing Estimated Revenues and Appropriations in the Kenai Comprehensive Plan Project Fund. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2477 -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. There were no Council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. D -7. Resolution No. 2010 -20 Approving a Cooperative Agreement Between the Alaska Department of Fish and Game and the City of Kenai for Kenai River Personal Use Fishery North Shore Fishery Support Improvements and Authorizing the City Manager to Sign the Agreement on Behalf of the City of Kenai. MOTION: Council Member Smalley MOVED for adoption of Resolution No. 2010 -20 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2010 -21 Awarding a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Community Library Expansion and Renovation 2010" for the Total Amount of $4,178,516.00. MOTION: KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 7 Council Member Marquis MOVED for adoption of Resolution No. 2010 -21. Council Member Smalley SECONDED the motion and requested UNANIMOUS CONSENT. The floor was opened for public hearing. Bob Peters, Kenai Spoke in favor of the resolution. Eileen Bryson, Kenai Spoke in favor of the resolution and thanked Council. Susan Rorrison, 604 Westwood Circle, Kenai Spoke in favor of the resolution and thanked Council. There being no one else wishing to speak, the public hearing was closed. Council comments included: Comments in favor of the resolution Congratulations and appreciation of the hard work done by those wanting the expansion. Council Member Moore requested to be recused from voting, noting Blazy Construction, Inc. was a client of his employer and felt it would be a conflict of interest for him to vote on the resolution. Mayor Porter agreed and recused him from voting. City Manager Koch noted, thanks should be expressed to the Rasmuson Foundation, as well as Administration's technical management efforts. VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2010 -22 Authorizing the Purchase of a Truck for the Capital. Projects Manager from the Capital Projects Management Fund. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -22 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 8 D -10. Resolution No. 2010 -23 Opposing An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2010 -23 and Council Member Molloy SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council Member Marquis the ballot initiative would appear on the August primary ballot; noted it was effectively a gag law; and, because the issue would not be before the voters until August, he would move to postpone action until July. Council Member Smalley requested to be added as a co- sponsor to the resolution. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone Resolution No. 2010 -23 to July 7, 2010. Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. D -11. PROTEST OF LIQUOR LICENSE RENEWAL L&M Ventures Inc., d/b /a Little Ski -Mo Drive Inn This item was removed from the regular agenda and added to the consent agenda as a liquor license renewal because the amounts owed to the Borough were brought current. The liquor license renewal was approved by the consent agenda. D -12. WITHDRAWAL OF PROTEST Liquor License Renewal/Alaskalanes, Inc., d/b /a Alaskalanes Bowling Center Recreational Site MOTION: Council Member Molloy MOVED to withdraw the protest to Alaskalanes, Inc., d /b /a Alaskalanes Bowling Center. Council Member Smalley SECONDED the motion and Council Member Eldridge requested UNANIMOUS CONSENT. D -13. *Liquor License Renewal Alaska Chinook Lodge (License #4726) /Lodge Seasonal (May 1 October 31). Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 9 Approved by consent agenda. ITEM E: MINUTES E -1. *Special Meeting of March 13, 2010 Approved by consent agenda. E -2. *Regular Meeting of March 17, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS F -1. Discussion /Action Item Town Hall Meeting MOTION: Council Member Molloy MOVED to approve the format and agenda for the City of Kenai Community Dialogue on "Continuing to Build a Sustainable Community," the protocol for community dialogue, and the document title, "What is a Sustainable Community." Council Member Smalley SECONDED the motion. There were no public comments or Council comments. VOTE: Student Representative Johnson: Yes MOTION PASSED UNANIMOUSLY. ITEM G: G -1. Ratification of Bills MOTION: NEW BUSINESS Council Member Smalley MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 10 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VO There were no objections. SO ORDERED. G -3. *Ordinance No. 2478 -2010 Increasing Estimated Revenues and Appropriations by S895 in the General Fund for Training Reimbursements form Internet Crimes Against Children (ICAC). Introduced by approval of the consent agenda. G -4. Action Item Deed of Trust /Assignment of Lease and Security Assignment of Lease Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition (Federal Express). MOTION: Council Member Eldridge MOVED for approval of the Assignment of Lease and Security Assignment of Lease for Loroc, LLC /Lot 7A, Block 1, FBO Subdivision, Fed Ex Addition and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no public or council comments. VOTE: There were 110 objections. SO ORDERED. G -5. Action Item Amendments to Leases /Rate Changes Kenai Golf Course. MOTION: Council Member Smalley MOVED for approval of the amendment to lease /rate changes for the Kenai Golf Course. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 11 There were no objections. SO ORDERED. G -6. Discussion /Action Item Bird Hazing /Airport Dog from Flyaway Farms. City Manager Koch reported the following: A lease agreement and handler manual had been received from FlyAway Farms Kennels related to the Kenai Municipal Airport Bird Hazing Project. Lease costs for the dog would be $500 per month or 52,000 for the season. A stipulation was included in the agreement, stipulating the City agree to pay FlyAway Farms Kennels $10,000 should death or damage occur to the dog during the term of the lease. Administration recommended entering into the agreement. He was informed by Robert Ruffner and Merrill Sikorski funding for the project would be forthcoming. It would be premature to supplement the funding at this time. The City would contribute wages to the handler. If supplemental funding would be needed, the issue would be brought back to Council for consideration. He was concerned with the $10,000 liability and wanted Council to be aware of it. Council comments included: Support for cost of wages and supplemental funding if necessary. Suggestion insurance would be available to cover the liability. Concern of the S10,000 liability cost. The dog would be housed at the handler's home as long as the City would sign a hold harmless agreement. Opposed to moving forward due to the liability and because the dog would be housed at a location out of the City's control. Wants the student (handler) to know, if it does not work out, it was not because the Council did not support the effort. Requested the animal be included in the City's policy. MOTION: Council Member Eldridge MOVED to direct Administration to go forward with pursuing the contract, looking for legal issues, and bring forth the dog that was agreed upon last fall. Council Member Marquis SECONDED the motion. It was questioned whether approval would be conditioned upon the work the City Attorney and City Manager would be doing to finalize the matter and the answer was yes. VOTE: Moore No Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 12 Student Representative Johnson: Yes MOTION PASSED. G 7. Discussion Schedule Annual Evaluations of City Manager, City Attorney and City Clerk. Evaluations were scheduled as follows: June 2: City Manager and City Clerk June 16: City Attorney G 8. Discussion Enforcement Actions for City Code Violations and Collection of Civil Penalties. City Attorney Stearns referred to the information included in the packet and noted, it had been some time since the City had gone forward to collect penalties due to debris, litter, and junk and abandoned vehicles on properties in the City. She requested direction from Council to what degree of oversight it wanted and whether to initiate suits individually or with a blanket authorization. Stearns was asked her preference and she noted, a blanket authorization, with her providing updates of progress of processes. Council comments included consensus with a blanket authorization. Stearns reported she would draft a resolution for the next meeting agenda. The resolution would include process guidelines. Council stated no objections to move forward with two cases in which a civil enforcement action would be necessary to continue enforcement (Soares and Rodes). BREAK TAKEN: 7:54 P.M. BACK TO ORDER: 8:03 P.M. ITEM H: COMMISSION /COMMITTEE REPORTS H 1. Council on Aging Council Member Boyle reported the April meeting had been cancelled and the group would meet again in May. H 2. Airport Commission Council Member Moore reported a work session and meeting would be held on April 15, 2010. H 3. Harbor Commission Council Member Smalley reported the next meeting was scheduled for April 12, 2010. KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 13 H 4. Library Commission Council Member Marquis reported on the meeting held April 6, 2010, which included an update on the expansion project. H 5. Parks Recreation Commission Council Member Boyle reviewed the April 1, 2010 meeting summary which was included in the packet. H 6. Planning Zoning Commission Council Member Molloy reviewed the March 24, 2010 meeting minutes which were included in the packet, noted Council Member Eldridge would attend the April 14 meeting in his place, and a work session would be held on April 28 to discuss the updating of the Comprehensive Plan process. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting. H -7b. Alaska Municipal League Report Council Member Smalley reported on a teleconference he participated in and discussed legislative issues. H 7c. Mini Grant Steering Committee Mayor Porter noted two members of the Committee had resigned (Baldridge /Chamber, and Reese /high school). She noted her intention to appoint Carol Bannock (representing the Kenai Chamber) and Jim Beeson (representing the high school) to the Committee. There were no objections from Council. H 7d. Kenai Convention Visitors Bureau Council Member Smalley reminded all of the art show opening on April 23, 2010. H 7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions taken at the April 6, 2010 assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She took flowers and plants to several new businesses and one that moved to a new location. She attended the Walmart grand opening. She delivered home meals. Several student representatives (to Council and Commissions) would be recognized at the May 12, 2010 Chamber lunch. She would have a "Coffee with the Mayor" on Saturday, April 17. She attended Elsie Seaman's funeral service and learned the City's motto "Village with a Past, City with a Future" was penned by Seaman. She and Council Member Marquis would make a presentation at the next Kenai Historical Society meeting related to the City' ITEM J: ADMINISTRATION REPORTS s 50th anniversary of incorporation. J 1. City Manager City Manager Koch reported the following: KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 14 He would provide a history and conditions of the transfer of the Daubenspeck property in the next council meeting packet. He had planned to attend a conference in Gettysburg, PA in May, but after reviewing the conference materials, he probably would not attend. He requested suggestions for a formal name for what was now being referred to as Marathon Park. He would attend the Airport Commission work session and meeting on April 15 to discuss financial feasibility of different project components, i.e. what kind of return is received on airport fund investments, etc. He had been working on a lease proposal for the flight service station; a new appraisal was received; and, negotiations were moving forward with FAA to that regard. The legislative session would end April 18. He recently met with representative from Department of Transportation and learned the Kalifornsky Beach pedestrian pathway would not go forward. It was hoped the Baron Park Drive and access would be bid in June. With the addition of the library, there would be approximately $10 million o construction projects going on in the City during the year. He reminded Council of the training scheduled prior to the town hall meeting and requested members RSVP to him if they planned to attend. J 2. Attorney City Attorney Stearns reported the following: She included a smoking laws memorandum in the meeting packet due to questions related to the airport bar concession. Written confirmation was received to move forward with hiring a contract to make repairs to the sprinkler system at Vintage Pointe. A settlement would be negotiated after the work is completed. The City provided service to the Kenai Convention Visitors Bureau with regard to an agreement for the upcoming art show to provide additional protection. A work session is being planned for a September for members of the City's Personnel Arbitration Board to re- familiarize them with procedures and requirements when an appeal is filed by an employee. Proposed amendments to the policies and procedures for the preparation and distribution of council meeting agendas, etc. would be on the next meeting agenda. She was elected to the Alaska Bar Association's Board of Governors and would be representing the Third Judicial District. J 3. City Clerk Clerk Freas reported the following: 2010 Financial Disclosure Statements would be due April 15, 2010. She spoke with the Borough Assembly President who reported the Assembly members would prefer holding a joint work session after the October elections. She had not yet received a response from the City of Soldotna. ITEM K: DISCUSSION KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 15 K -1. Citizens (five minutes) Bob Peters, Kenai Thanked Council, members of staff, past members of staff, Administration and Council Members for their efforts in bringing the library expansion project to fruition. Sal Mattero, 1315 Chinook, Kenai Stated he was the President of the Friends of the Library and thanked Council and Administration, past and present, members of the Friends, and the Library Director for their efforts in bringing the expansion project to fruition. Kathy Heus, 4540 Kenaitze Drive, Kenai Thanked Council and Administration for their efforts related to the library expansion project. K -2. Council Boyle Reported he would be out of town for the June 13 and July 6 Council meetings, but would like to be present for the evaluations. Thanked all the City's efforts related to the library expansion project as well as the citizens involved. Molloy Agreed with other comments related to the library expansion projects. Thanked the Friends of the Library for all the work done toward the expansion project over the years. Marquis Thanked all who were involved in the library expansion project. Johnson Congratulated City Attorney Stearns on her election. Reported the Kenai Central High School prom would be held on April 17; soccer would begin on April 23; and, the after- graduation Committee was accepting donations for the celebration. Thanked the Council for the financial assistance for her trip to Juneau. Eldridge Congratulated Stearns on her election. Congratulated the community and all involved in the library project. Moore Stated it was a great day for the library and congratulated all who supported the project. Congratulated Library Director Joiner on her appointment to the Governor's Advisory Council on Libraries. Congratulated Stearns on her election. Smalley Thanked all for the work and effort related to the library expansion project. Congratulated Stearns on her election. Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 16 Congratulated Larry Porter on his State volunteering award. Questioned whether Council wished to move forward with a resolution in support of the Honor and Remember Flag program. Porter noted, Mr. Caswell would be forwarding an updated draft resolution and it would be prepared for the April 21, 2010 council meeting agenda. EXECUTIVE SESSION Pursuant to AS 29.20.020, AS 44.62.310, KMC 1.15.030, and Kenai Charter, Section 2 -6: To discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from City Attorney: (1) Kenai Landing, Inc.; (2) Potential Land Sale (TransCanada); and, (3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall lease dispute. MOTION: Council Member Smalley MOVED to convene in an executive session of the Council of the City of Kenai, to discuss issues, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and to obtain advice from the City Attorney: 1) Kenai Landing, Inc.; 2) Potential Land Sale (TransCanada); and, 3) Ma Pa Alaskan Treasures, Inc. /Robert Debora Loveall Lease Dispute and requested City Manager Koch and City Attorney Stearns to attend. Council Member Molloy SECONDED the motion. VOTE: Student Representative Johnson: MOTION PASSED UNANIMOUSLY. COUNCIL CONVENED INTO EXECUTIVE SESSION: 9:08 P.M. COUNCIL CAME BACK TO ORDER: 10:06 P.M. Council Member Smalley reported, during the executive session, direction was given to the City Attorney and City Manager to work on and monitor the Kenai Landing issue; directed the City Manager to monitor the issue with TransCanada and potential sale of property; and, directed the City Attorney and City Manager to follow City Code with regard to Ma Pal Alaskan Treasures, Inc. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) KENAI CITY COUNCIL MEETING APRIL 7, 2010 PAGE 17 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 the January 20, 2010 Council Meeting, Resolution No. 2009 -68 was amended and reconsideration of the resolution was postponed to the May 19, 2010 council meeting.) Resolution No. 2010 -07 Amending the Administrative Policies and Procedures for the Preparation, Distribution and Publication of the City Council Agenda and Packet, Including Providing Direction Regarding the Time and Rules for Taking Public Comment. (Clerk's Note: At its March 3, 2010 meeting, Council postponed Resolution No. 2010 -07 to the second council meeting in April, 2010 (April 21, 2010). The motion to adopt is active.) Resolution No. 2010 15 Opposing House Bill Number 266. (Clerk's Note: At its March 3, 2010 meeting, Resolution No. 2010 15 was postponed, no time certain.) ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 10:08 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 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.