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HomeMy WebLinkAbout2010-08-18 Council MinutesITEM A: CALL TO ORDER ITEM C: ITEM D: AGENDA KENAI CITY COUNCIL REGULAR MEETING AUGUST 18, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htip://www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) *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 (Public comment limited to 10 mi per speaker) 1. Tom Sloan, Kenai Peninsula Economic Development District Business Gap Analysis Survey 2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet Regional Citizens Advisory Council Update on Cook Inlet Regional Citizens Advisory Council Activities. UNSCHEDULED PUBLIC COMMENTS (Public comment iimited to 3 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. (Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.) 2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by $11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. 3 Ordinance No. 2501 -2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. 4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by S6,300.00 in the General Fund for a Library Grant. 5. Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. 6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by $281.80 in the PRISM Special Revenue Fund. 7. Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry Position at the Senior Center. 8. Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CO) to Limited Commercial (LC). 9. Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or Partially Destroyed Non- Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. 10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by $150,000.00 in the Municipal Park Improvements Capital Project Fund. 11. Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light Penetrating Walkway /Ramps- Supply Related Appurtenances -2010 for the Total Amount of $34,500.00. 12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens. ITEM E: MINUTES 1. *Regular Meeting of August 4, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast 1/4 Southeast 1/4 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE 1 /4 SE �/4 Sec. 4, T5N, R11W S.M.) from Rural Residential (RR) to Heavy Industrial (IH). 4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development. 5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding. 6. Discussion Schedule Council Work Session /Town Hall Meeting and Collaborative Leadership Training Review. (Clerk's Note: This topic was originally calendared for discussion at the May 19, 2010 Council Meeting, the item was then postponed to the June 2, 2010 Council Meeting, and then subsequently deferred to the August 18, 2010 Council Meeting.) 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: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor (Telephonic) Joe Moore Barry Eldridge Ryan Marquis Robert Molloy ITEM A: CALL TO ORDER KENAI CITY COUNCIL REGULAR MEETING AUGUST 18, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.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. ROLL CALL The City Clerk took roll. Present were: A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: ADD TO: MOTION: VOTE: Item D -1 and D -9, Ordinance No. 2499 -2010 and Ordinance No. 2507 -2010 8/16/2010 comments submitted by Susan Smalley. Item D -3, Ordinance No. 2501 -2010 8/17/2010 T. Eubank memorandum with amendment request, explanation, and suggested wording Council Member Moore MOVED for approval of the agenda with the requested changes and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM B: B -1. Tom Sloan, Kenai Peninsula Economic Development District Business Gap Analysis Survey Tom Sloan, 14896 Kenai Spur Highway, Kenai Reviewed findings of the Business Gap Analysis Survey, including economic and employment expectations, barriers to growth, business improvement, economic development, etc. He noted, this survey would be used as a baseline and a second survey was planned for next year. B -2. Trent Dodson, Director of Public Outreach for Cook Inlet, Cook Inlet Regional Citizens Advisory Council Update on Cook Inlet Regional Citizens Advisory Council Activities. Dodson presented an overview of the organization; its funding; triennial certifications, membership and the geographic areas represented (Anchorage to Kodiak Island Borough). BREAK TAKEN: 7:30 P.M. BACK TO ORDER: 7:38 P.M. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Natalia Levitt, P.O. Box 8617, Nikiski Identified herself as the owner of an apartment building at the corner of Bluff Street and Peninsula Avenue. Levitt spoke in support of the ordinance related to unsightly premises. ITEM D: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their tirne over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf.) Boyle Yes Porter Eldrid.e Yes Yes Smalley 1 Marquis Yes Yes Moore Yes Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 3 D -1. (Clerk's Note: At its August 4, 2010 meeting, Council postponed action on Ordinance No. 2499 -2010 to August 18, 2010. The motion to adopt is active and on the floor.) The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Council comments included: Expected the Planning 86 Zoning Commission to have made changes, postponed it, or voted it down; was not ready to support the ordinance as felt it needed work, i.e. the definition of public nuisance and unsightly premises; and, was supportive of the section about structures partially or destroyed by fires. Council gave the Commission a tight deadline; was conceived there were different Code sections and different processes within the sections, i e different processes to appeal; suggested a Council work session to discuss possible amendments, etc.; and, if the ordinance was referred back to the Commission, Council should provide suggested amendments or a joint work session. Was surprised the Commission did not make any changes to the ordinance; was uncomfortable with the word "unsightly" as it was broad and subjective; and, appreciated the ideas of the ordinance but felt it too broad and ambiguous. Had concerns with subparagraph "r" and subparagraph "q did not think the ordinance suited the Alaska mentality; felt the ordinance was broad and subjective; and, felt the ordinance needed to be pared down. When initially discussed, the ordinance was to be about managing burned out buildings and suggested removal of subparagraph "r." MOTION TO AMEND: Council Member Marquis MOVED to amend by removing Section 2, subparagraph "r" and Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: Ordinance No. 2499 -2010 Amending KMC Chapter 12.10, Nuisances in General, to Include in the Definition of a Public Nuisance Unsightly Premises and Also Certain Structures Destroyed or Partially Destroyed by Fire or by Other Means. `Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. Boyle Yes Porter Yes Smalley Res Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter L No Smalley Yes Moore No Eldridge i No Marquis No Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 4 Discussion continued with comments including: Concern the process was being piecemealed because there were different processes within Chapters 12 and 14 of the Code. City Attorney Stearns noted there were different procedures and reviewed both. Belief it would be worthy of a work session to review both processes more thoroughly and concern there could be unintended consequences because of the differences. Believe there were conflicts between the processes and believed the definitions included in the definitions (noting subparagraph i), needed to be addressed. Supportive of the ordinance as amended, but was not opposed to receiving a legal opinion or holding a work session. Was supportive of the ordinance as amended. Objection to subparagraph "q" and the use of the word "unsightly." MOTION TO AMEND: Council Member Eldridge MOVED to amend by deleting "unsightly," in Section 2, subparagraph "q," second line. Council Member Marquis SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone the ordinance as amended for an additional public hearing at the first meeting in September and Council Member Boyle SECONDED the motion. VOTE: *Student Representative Coffman: No MOTION FAILED. Boyle Yes Porter Yes Smalley Yes M oore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle No Porter Yes Smalley No Moore Yes Eldridge Yes Marquis Yes Molloy No KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 5 VOTE ON MAIN AMENDED MOTION: *Student Representative Coffman: Yes MOTION PASSED. D -2. Ordinance No. 2500 -2010 Increasing Estimated Revenues and Appropriations by S11,869.00 in the Airport Fund and by $474,760.00 in the Runway Improvement Capital Project Fund for Additional Changes of the Airport Apron Pavement Rehabilitation Project. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2500-2010 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 Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2501 -2010 Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for Preparation of an Airport Master Plan. MOTION: Council Member Eldridge MOVED to adopt Ordinance No. 2501 -2010 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the consultant to be used had not yet been chosen. Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Marquis Yes Yes Moore Yes Eldridge Yes Molloy Yes Boyle Yes Porter Yes Yes Smalley Marquis Yes Yes Moore Yes Eldridge Mollo Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 6 MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2501 -2010 by replacing the amount $559,587 in the third 'Whereas' with $531,608 and to replace the amount $573,577 with 5559,587. VOTE ON AMENDMENT: *Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -4. Ordinance No. 2502 -2010 Increasing Estimated Revenues and Appropriations by $6,300.00 in the General Fund for a Library Grant. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2502 -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 Coffman: Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Yes Porter Eldridge Yes Yes Smalley Marquis Yes Yes Moore Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 7 MOTION PASSED UNANIMOUSLY. D -5. MOTION: Ordinance No. 2503 -2010 Increasing Estimated Revenues and Appropriations by $1,000.00 in the General Fund for Library Travel and Transportation. Council Member Marquis MOVED for adoption of Ordinance No. 2503 -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. There were no Council comments. VOTE: `Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -6. Ordinance No. 2504 -2010 Increasing Estimated Revenues and Appropriations by S281.80 in the PRISM Special Revenue Fund. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2504 -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 Coffman: Yes MOTION PASSED UNANIMOUSLY. Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 8 D -7. This item MOTION: Council Member Boyle MOVED to enact Ordinance No. 2505 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. Being no on wishing to speak, the public hearing was closed. Council comments included: Support of the ordinance. Thanks to the Senior Connection for its generosity. VOTE: Ordinance No. 2505 -2010 Increasing Estimated Revenues and Appropriations by $7,600.00 in the Senior Citizens Fund for Funding Received From Kenai Senior Connection, Inc. for a Part -Time Data Entry Position at the Senior Center. as heard prior to Item D -2, Ordinance No. 2500 -2010. *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -8. Ordinance No. 2506 -2010 Amending the Official Kenai Zoning Map by Rezoning Lot 3A of Karen Subdivision, Moore Addition From General Commercial (CO) to Limited Commercial (LC). MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2506 -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. Council comments included: Concern the rezoning of the property could be considered spot zoning. Marilyn Kebschull, City Planner Reviewed the zoning information, noting the designation of primary and secondary uses were defined in the Land Use Table, as well as the criteria of location. She added, the second use had to be clearly incidental. Council comments continued: Boyle No Porter No Smalley No Moore No Eldridge No Marquis No Molloy No KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 9 Suggestion a legal opinion of whether the rezone would be considered spot zoning. Because of the complexity of the issue and the size of the lot, the issue would need to be further analyzed in order to prepare a legal opinion. Belief the City Attorney should have been involved in the determination of whether this rezone would be considered spot zoning. The Planning 86 Zoning Commission unanimously approved the rezone; the property had structures on it; some of the businesses across the street were residences; and, there may be other properties in that area that would be better defined as general commercial. Question of whether other people in the area showed any interest in the rezone to limited commercial. City Planner noted all were noticed, but no one commented or requested to be included in the rezone. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone to the next Council meeting and Council Member Boyle SECONDED the motion. Comments continued: Question of whether the ordinance should be referred back to the Commission with a legal opinion included; there was no public opposition to the rezone; and, who would be the complainant if it was considered spot zoning. Kebschull noted it would be a six to eight -week process to refer it back to the Commission and then bring it forward to the Council for consideration, plus 30 days prior to the ordinance becoming effective, and it was not known if a sale was pending, however it was known the owner was preparing the property for sale. City Attorney Stearns noted she helped in preparing the ordinance; there was no substantive review; and, she was not asked about the legality of the issue. Would support the ordinance, but preferred having a legal opinion at the time of consideration. Would support the ordinance, but would like legal counsel involvement in the future. VOTE ON POSTPONEMENT: *Student Representative Coffman. No MOTION FAILED UNANIMOUSLY. Bo le Yes Porter Yes Smalley Yes Moore Yes Eldrid :e Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 10 VOTE: *Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -9. Ordinance No. 2507 -2010 Amending KMC Section 14.20.050 to Require that Destroyed or Partially Destroyed Non Conforming Structures Be Removed Unless the Partial Destruction is Fifty Percent (50 or Less of the Replacement Cost in Which Event the Owner Must Obtain a Building Permit Within Twelve (12) Months From the Date of the Damage or Destruction or Remove the Remaining Structure. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2507 -2010 and Council Member Moore 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 Coffman: Yes MOTION PASSED UNANIMOUSLY. City Attorney Stearns noted a typographical error on Page 2, Section 2 where reference to 12.20.050 should be 14.20.050. The error would be corrected when published. D -10. Ordinance No. 2508 -2010 Increasing Estimated Revenues and Appropriations by S150,000.00 in the Municipal Park Improvements Capital Project Fund. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2508 -2010 and Council Member Marquis SECONDED the motion. Boyle Yes Porter Yes Yes Smalley Marquis Yes Yes Moore Yes Eldridge Molloy Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 11 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 Coffman: Yes MOTION PASSED UNANIMOUSLY. D -11. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -48 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: Resolution 2010 -48 Awarding a Contract to Kenai Welding for the Project Entitled Kenai North Dunes Elevated Light Penetrating Walkway /Ramps Supply Related Appurtenances -2010 for the Total Amount of 534,500.00. There were no objections. SO ORDERED. D -12. Resolution No. 2010 -49 Honoring and Remembering Senator Ted Stevens. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -49 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Mayor Porter noted she attended the funeral and it was a very nice tribute to Senator Stevens. VOTE: KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 12 There were no objections. SO ORDERED. BREAK TAKEN: 8:45 P.M. BACK TO ORDER: 8:51 P.M. ITEM E: MINUTES E -1. *Regular Meeting of August 4, 2010 Approved by consent agenda. ITEM F. UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Marquis 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 Marquis MOVED for approval of 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. *Ordinance No. 2509 -2010 Amending the Official Kenai Zoning Map by Rezoning Southeast Y4 Southeast 1 Section 4, Township 5 North, Range 11 West, Seward Meridian (SE /4 SE 1/4 Sec. 4, T5N, RI1W S.M.) from Rural Residential (RR) to Heavy Industrial (IH). Introduction approved by approval of the consent agenda. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 13 G -4. *Ordinance No. 2510 -2010 Increasing Estimated Revenues and Appropriations in the Airport Improvement Capital Project Fund for Phase 1 of the Float Plane Basin Development. Introduction approved by approval of the consent agenda. G -5. *Ordinance No. 2511 -2010 Increasing Estimated Revenues and Appropriations in the Congregate Housing Improvements Capital Project Fund for Replacement of the Facility's Siding. Introduction approved by approval of the consent agenda. G -6. Discussion Schedule Council Work Session /Town Hall Meeting and Collaborative Leadership Training Review. (Clerk's Note: This topic was originally calendared for discussion at the May 19, 2010 Council Meeting, the item was then postponed to the June 2, 2010 Council Meeting, and then subsequently deferred to the August 18, 2010 Council Meeting.) It was noted, the initial reason for the work session was to discuss comments and issues discussed at the Town Hall meeting as well as feedback received since the Town Hall meeting was held; some consensus items had already been acted upon; and, the issues of protecting residential neighborhoods and green spaces had not yet been discussed, however a presentation by representatives of one residential neighborhood was planned for an upcoming Planning Zoning Commission meeting. Consensus of Council was for Administration to address issues and provide that information to the people who attended the Town Hall meeting; to prepare a list of objectives and distribute them to all commissions /committees for review and discussion; and, to provide a report for distribution to the next Council to be seated in October. No work session was scheduled. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the August meeting had been cancelled. He added, he met with a representative of Congressman Young's office at the Senior Center and met with residents who discussed adding a garage to the facility as a potential project. 11-2. Airport Commission Council Member Moore reviewed the August 12, 2010 meeting summary which was included in the packet and referred to the Airport Manager report also included in the packet. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 14 H -3. Harbor Commission Council Member Boyle reported a work session was held during the afternoon of August 9 where members toured the dock, however there was not a quorum available for the regular meeting scheduled for that evening. A brief discussion took place related to the ability for commission /committee members to requested excused absences. Porter stated she would meet with Administration to discuss amendments to the Code to simplify the process. It was also suggested Council discuss consolidation of some commissions again. 11-4. Library Commission Council Member Marquis reported the next meeting was scheduled for September 7, 2010. 11-5. Parks Recreation Commission Council Member Boyle reported on the meeting held on August 5, 2010 and noted the meeting summary was included in the packet. H -6. Planning Zoning Commission Council Member Molloy reviewed the minutes of the August 11, 2010 meeting which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee No meeting H -7b. Alaska Municipal League Report Council Member Smalley stated he was in Kodiak attending the AML Summer Meeting and reported discussions were ongoing related to resolutions, policies and procedures. H -7c. Mini -Grant Steering Committee No report. H 7d. Kenai Convention Visitors Bureau No report H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions and discussions that took place at the August 17, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following items: Requested Council consideration to amend the policy related to the Student Representative voting order. Attended a recent Coast Guard Awards program; attended the Harbor Commission's work session and toured the dock; and, attended Senator Stevens' funeral. service. Made a presentation to children attending a Healthy Communities event. ITEM J: ADMINISTRATION REPORTS J -1. City Manager Acting City Manager Eubank reported the following: KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 15 2010. City Manager Koch would be back in the office on Monday, August 23, The grant application for funding three firefighters was denied and an ordinance to appropriate funding from the General Fund for the positions would be introduced at the September 1 Council meeting. He met with a representative of Congressman Young's office and discussed the bluff restoration project and they toured the bluff area as well as the library expansion project. He attended the August 5 Cook Inlet Natural Gas Storage Facility informational meeting. J -2. Attorney Attorney Stearns reported she attended an American Bar Association meeting in San Francisco and her trip report would be provided to Council. J -3. City Clerk City Clerk Freas reported the following items: Absentee voting would be ongoing through August 24. The Clerk's Office would be receiving equipment, etc. from six precincts after closing of the polls and would be transmitting results for those precincts as well. The Board of Adjustment hearing was scheduled for August 23, 2010 and would begin at 6:00 p.m. August 18, 2010 was the 90th anniversary of the ratification of the 19th amendment to the U. S. Constitution which gave women the right to vote. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Bob Peters, Old Town, Kenai Reported additional bluff eroded during July and August due to the rain and wind. K -2. Council Member Comments Porter Noted dead trees in front of Lowe's and graffiti on East End Park sign. Moore Thanked Eubank for filling as Acting City Manager and thanked Porter for attending Senator Stevens' funeral service. Eldridge Suggested Representative Young be contacted for funding the bluff restoration project. Hoffman Reported school would start on August 24, 2010. Marquis Reported he had a nice vacation in Washington, DC and was glad to return to sunshine. Molloy Thanked Porter for attending Senator Stevens' funeral service. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 2010 PAGE 16 Boyle Referred to Information Item 3, a request for applications for grants to fund environmental demonstration projects which he felt was a potential funding opportunity to cover a portion of costs related to the budgeted wind energy study and requested Administration to apply for the grant. Was concerned with the decision made to put vinyl siding on the Vintage Pointe Facility. Smalley Reported the Assembly prepared language for a proposition for funding school roof repairs and a proposition related to the Borough changing to a managerial form of government. Both propositions would be included on the October ballot. Expressed condolences to the Stevens' family and other families of the crash victims. A brief discussion took place related to applying for the environmental demonstration project grant. Comments included: Concern the submittal time was too short of a time to prepare a grant. Desire for Council to direct the City Manager to prepare the grant. Support for the request to direct the grant be submitted. Support for the request to direct the grant be submitted. Support for the request to direct the grant be submitted and to make it a priority. Objection to the request to direct the grant be submitted. Support for requesting the City Manager to prepare a grant, but understood the City Manager could have other grant applications in mind. The grant application was an opportunity and should be reviewed. If not possible to prepare the grant, an explanation of why not should be given. Realized the deadline was soon, but felt it was an opportunity and suggested another employee could prepare the application for the City Manager in order to make the deadline. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2497-2010 Amending KMC Chapter 1.10 Entitled 'The Council," in Its Entirety and Specifically Addressing the Procedures for Special meetings of the City Council and Making Technical Corrections. (At its July 21, 2010 meeting, the City Council substituted Ordinance No. 2497 -2010 and subsequently postponed it to the September 1, 2010 Council Meeting.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:35 p.m. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 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 cotes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Aduisory votes shall be recorded in the minutes. A student representative may not moue or second items during a council meeting. APPROVED BY COUNCIL i? Yrw ::k f CLERIC