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HomeMy WebLinkAbout2011-05-18 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai..ak.us ITEM A: CALL TO ORDER 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 minutes per speaker) 1. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting/ Outreach 2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: 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.) 1. Ordinance No. 2546-2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546-2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) 2. Ordinance No. 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. 3. Ordinance No 2555 -2011 -- Increasing Estimated Revenues and Appropriations by S3,688 in the Airport Fund and by $147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. 4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. 5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. 6. Resolution No. 2011 -40 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $16,600. ITEM E: MINUTES 1. *Regular Meeting of May 4, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission and Making Technical Corrections. 4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 5. *Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi - Purpose Facility Capital Project Fund. 6. *Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. 7 Discussion /Action. -- Ordinance No. 2546 -2011, Schedule Council Work Session. ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission. 5. Parks & Recreation Commnission. 6. Planning 86 Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. ITEM L: ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 2011 7 :00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A -2. ROLL CALL The City Clerk took roll. Present were: Joe Moore Brian Gabriel ' Terry Bookey Ryan Marquis Robert Molloy Mike Boyle, Vice Mayor Pat Porter, Mayor A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: MOTION: D -1, Ordinance No. 2546 -2011 -- • Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. • J. Twait, Planning 86 Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. • 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. Council Member Gabriel MOVED for approval of the agenda. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 2 There were no objections. SO ORDERED. A -4. MOTION: CONSENT AGENDA Council Member Gabriel MOVED to remove Item 6, Ordinance No. 2559 -2011 from the Consent Agenda. Council Member Molloy SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Boyle MOVED to approve the consent agenda as amended and Council Member Molloy SECONDED the motion. VOTE: *Student Representative Coffman: Yes Moore Yes Gabriel Yes Bookey Yes Mar.uis Yes Molloy Yes Boyle Yes Porter 1 Yes MOTION PASSED UNANIMOUSLY. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to I0 minutes per speaker) B -1. Mark R. Landt, Buccaneer Alaska Operating, LLC, Cook Inlet Permitting/ Outreach Mr. Landt provided a report of Buccaneer Alaska Operations' exploratory drilling program in the Cook Inlet and reviewed information provided in the packet and handed out. B -2. Greg Jones, Executive Director /Alaska Mental Health Trust Land Office and Jeff Jessee, CEO, Alaska Mental Health Trust Authority -- Review /Update of Trust Activities in the Kenai Area. Mr. Jones and Mr. Jessee provided handout information and discussed the Trust's activities in the Kenai area, noting they would be more involved in the development of the Comprehensive Plan update and community issues. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 3 ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) None. ITEM D: 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) D -1. Ordinance No. 2546 -2011 -- Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone. (Clerk's Note: Ordinance No. 2546 -2011 was introduced at the April 6, 2011 Council Meeting and referred to the Planning & Zoning Commission for work session and public hearing, then to be returned to Council with the Commission's recommendation for the May 18, 2011 Council Meeting at which time a public hearing will be held and for Council to consider the ordinance.) The floor was opened to public hearing. Janine Espy, 403 McCollum Drive, Kenai -- Ms. Espy stated she would speak for her. self, Gloria Wik and Walt Ward who gave her their three - minute times to speak and were present in the audience. Espy spoke in support of the ordinance; felt the ordinance was a positive step for Kenai; community members and neighbors she spoke with had no specific concerns with the ordinance; and, discussed the breadth of the 3 -W Subdivision and MAPS residents' efforts to discuss the ordinance with community members as well as all the property owners within the two areas. Alan Poynor, 4560 Wolfe Street, Kenai -- Spoke in support of the ordinance; objected to a comment made at the previous Council meeting that protocol was not followed in bringing the ordinance forward; objected to the thought the property owners should wait until the Comprehensive Plan Update was completed to bring the ordinance forward; and, requested Council to follow the wishes of their constituents and the changes to the Land Use Table presented in the ordinance. Chuck Winegarden, 309 Princess Lane, Kenai -- Spoke in support of the ordinance and, provided a brief history of the MAPS efforts for changing land uses to protect the integrity of the neighborhood. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 4 Jeff Twait, 1808 Julieanna Drive, Kenai -- Reported he was the Chair of the Planning 8s Zoning Commission; believed their work session was productive; and, felt it was the Commission's job to go through its process. Petria Falkenberg, 399 McCollum Drive -- Spoke in support of the ordinance; thanked Council Member Molloy for his assistance with the ordinance; noted signatures collected from throughout the area in support of the ordinance; and, requested Council's serious consideration of the ordinance. Karen Koester, 845 Set Net Drive, Kenai -- Reported she was a member of the Planning & Zoning Commission; felt the Commission's work session was constructive; and, the Commission it wanted to move forward, but wanted to review the Land Use Table for the whole City and not just what affected the RR -1 Zone. Mark Schrag, 312 Princess Lane, Kenai -- Stated his support of the ordinance; objected to the Council waiting until August to hold its work session on the ordinance; suggested the ordinance be returned to Council in June; the residents wanted more protection of their neighborhoods; there was a lot of support for the ordinance in the community; and, did not want to delay action on the ordinance for three months. Tim. Navarre, P.O. Box 92, Kenai -- Stated the Commission wanted to find a common solution and did not want to piecemeal changes; the Commission wanted to work on the Land Use Plan for first; and, agreed to use the ordinance as a tool. Jim Montgomery, 535 Wortham, Kenai -- Spoke in support of the ordinance; there were no conditional use permits in their subdivision and wanted to maintain it that level; and, learned from the City Planner not all the suggested amendments to the last Comprehensive Plan were completed. Colleen Ward, 708 Magic Avenue, Kenai -- Noted she was speaking for herself, Karen Rogers and Ramon Rogers (present in the audience) who were giving their three - minute times to Ward. Ward spoke in support of the ordinance; procedures from the Code and from the City were followed; the ordinance was developed from sound research and felt it would be a better plan; and, requested Council carefully consider the information and facts, and carefully consider their vote. Fred Jones, Executive Director of the Land Trust -- Reported it was unknown why the Trust did not receive the notices but discussed the issue with members of the MAPS area and the Trust wanted to be involved in the planning process and partner with the community. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Stated he attended the Commission work session and felt there were too many issues to be resolved before taking the issue to public hearing; felt the removal of ability to have conditional use permits in the RR- KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 5 1 zones would diminish the entrepreneur spirit for borne businesses, etc.; and, would like Council and City to be more business friendly in promoting economic development. Gary Hinkle, P.O. Box 322, Soldotna -- Stated he supported protecting the residential areas of the City; "taking" property would create liability for the City; felt the ordinance was trying to do too many things at once; and, felt issues of the ordinance needed to be separated. Henry Knackstedt, 1602 Barabara Drive, Kenai -- Stated he was a member of the Planning & Zoning Commission; had no big objection to the ordinance, but was not sure if the timing was good because of the Comprehensive Plan work; felt the Commission should be looking at the City as a whole; the RR -1 Zone was on the books for 25 years and serving the areas well; and, felt the Commission needed to review the zone as a whole and then consider the ordinance. There being no one further wishing to speak, the public hearing was closed. BREAK TAKEN: 8:36 P.M. BACK TO ORDER: 8:45 P.M. Mayor Porter identified added information for the packet as: • Email transmission from Kellie Kelso in support of Ordinance No. 2546 -2011. ® J. Twait, Planning & Zoning Commission Chair, letter reporting on Commission's work session of April 27, 2011. • 5/17/2011 M. Kebschull, City Planner, memo identifying planned Planning & Zoning Commission work session and schedule. Council Member Molloy thanked all those involved with the issue, including residents of the subdivisions, City Administration, and the Commission; stated he felt the Commission's work session was very good with lots of input from residents and the Commission. Because the Commission did not set a public hearing on the ordinance, it was returned to Council without comments; as sponsor, he explained to Council and the Commission that if they needed more time to review the ordinance and /or hold additional work sessions, that could have been provided; reviewed his timeline which was included in the packet; believed the ordinance would need some amendments; and, after discussion of Council, he would move to postpone the ordinance to provide additional time to bring the public process forward. Council discussion included: • The Commission process on June 8. would begin work sessions on the Comprehensive Plan • Supported the ordinance; felt esthetics were important; the future needed to be considered as well as a choice of future direction; and, to delay the ordinance for two years would be unfair. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 6 Agreed the Commission's work session was very good; felt lots of other subdivisions, especially rural, would be impacted; felt the Land Use Table should be reviewed as a whole; and, felt the Comprehensive Plan process should move forward first. Concerned with how the ordinance came forward to the Council; felt there were legitimate concerns of the residents, but Council's charge to the Commission was looking at all of Kenai; felt the Commission acted appropriately; felt postponing would be counterproductive, confusing and divisive; need to follow the process; and, felt amending the Land Use Table would set a precedent and no one would be happy. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2546 -2011 (1) until the August 17, 2011 Council meeting for additional public hearing at that meeting; (2) refer the ordinance to the Planning & Zoning Commission with directions to schedule and to hold a work session or work sessions, schedule a public hearing, and return the ordinance to Council with its recommendations in the packet for the August 17 Council meeting; and, (3) direct Administration to send out notice cards to residents of the City of the work sessions and public hearing on the ordinance. Council Member Boyle SECONDED the motion. Discussion on the motion included: • Process for notification, i.e. to whom, in the area is notified. • Suggestion to send out registered letters instead of note cards. MOTION TO AMEND: Council Member Moore MOVED to amend the motion that all residents of Kenai be notified of the land use public hearing and Council Member Boyle SECONDED the motion. Discussion on the amendment included: • Concern with cost to send out registered letters to all residents of the City (it was noted this was not part of the proposed amendment). • The ordinance was a significant change to the Land Use Table and all citizens should be aware of the suggested amendments. • The note cards could include all the work session dates as well as the public hearing date. VOTE ON AMENDMENT: *Student Representative Coffman: Yes Moore Yes I Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle 1 Yes KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 7 Porter Yes MOTION PASSED UNANIMOUSLY. Further discussion included: • The Commission could request further time for review and Council could consider the request. • Review of the proposed timeline was provided and how it would dovetail with Council's work session. • Concern with direction to the Commission in the timeline given. • Confident the Commission could do the work because they regularly look at land use, etc. and make recommendations. • City Planner comment noted she did not have addresses of all residents, only property owners. MOTION TO AMEND: Council Member Molloy MOVED to amend the third part of the main motion to direct Administration to send out notice cards to all property owners within the City of Kenai. Council Member Marquis SECONDED the motion. Moore asked if that would be in addition to the residents of the City. It was suggested Administration bring a recommendation back at the next Council meeting. VOTE ON AMENDMENT: *Student Representative Coffman: Yes Moore Yes Gabriel Yes Bookey Yes Marquis Yes Moller j Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. A question of whether all residents of the City of Kenai would be noticed was asked. City Attorney Stearns explained, with the language of the main motion and last amendment, the issue was to send all property owners notices, but would not include all residents. Council Member requested reconsideration. A question of reconsideration of the vote on the first amendment was asked. Moore withdrew his request for reconsideration and accepted the vote on the amendment. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Coffman: Yes KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 8 Moore I No Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Yes Porter Yes MOTION PASSED. Ordinance No 2554 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Personal Use Fishery Capital Projects Fund. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2554 -2011 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. There were no Council comments. VOTE: *Student Representative Coffman: Yes Moore Yes Gabriel Yes Bookey 1 Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2555 -2011 -- Increasing Estimated Revenues and Appropriations by $3,688 in the Airport Fund and by S147,512 in the Airport Improvement Capital Project Fund for the Engineering and Design of the Airport Apron Pavement Rehabilitation. MOTION: Council Member Bookey MOVED for adoption of Ordinance No. 2555 -2011 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. There were no Council comments. VOTE: `Student Representative Coffman: Yes KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 9 Moore Yes Gabriel Yes Bookey Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2011 -38 -- Setting a Date for Holding a Public Hearing on the Proposed James Street Special Assessment District. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2011 -38 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. D -5. Resolution No. 2011 -39 -- Setting a Date for Holding a Public Hearing on the Proposed James Street and Kiana Lane Special Assessment District. MOTION: Council Member Moore MOVED for adoption. of Resolution No. 2011 -39 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. D -6. Resolution No. 2011 -40 — Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -40 and Council Member Bookey SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO POSTPONE: Council Member Marquis MOVED to postpone Resolution No. 2011 -40 to the June 1, 2011 Council meeting. Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 10 VOTE ON POSTPONEMENT: *Student Representative Coffman: Yes Moore Yes Gabriel Yes Bookey Boyle Yes Yes Marquis Yes Molloy Yes !Porter Yes MOTION PASSED UNANIMOUSLY. D -7. Resolution No. 2011 -41 -- Authorizing the Purchase of PubWorks Software for the Public Works Department for the Total Amount of $ 16,600. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -41 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of May 4, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills -- None. 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 Bookey SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 11 There were no objections. SO ORDERED. G -3. *Ordinance No. 2556 -2011 -- Amending Portions of Kenai Municipal Code Title 6, Entitled "Elections," Including KMC 6.05.110, Conducting an Election -- Canvassing Returns; KMC 6.05.120, Establishment of Canvassing Board and Procedures; KMC 6.05.150, Application Deadline for Applying for Absentee Ballots; KMC 6.05.170, Absentee Voting - -By Mail; KMC 6.04.200, Voting Devices and Machines; KMC 6.05.280, Record Retention; and, KMC 6.05.335, to Allow for Voting by Electronic Transmission. and Making Technical Corrections. Introduced by approval of consent agenda. G -4. *Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. Introduced by approval of consent agenda. G -5. *Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. Introduced by approval of consent agenda. G -6. Ordinance No. 2559 -2011 -- Amending Kenai Municipal Code Section 11.05.050, "Condition as to Equal Services and Rates," to Require That the City Provide Residents of the City of Kenai With Free Services at the City -Owned Boat Launch and Parking Facility. Ordinance No. 2559 -2011 was removed from the consent agenda at the beginning of the meeting. MOTION FOR INTRODUCTION: Council Member Boyle MOVED for introduction of Ordinance No. 2559 -2011 and Council Member Gabriel SECONDED the motion. Council Member Boyle explained the issue was a long - standing discussion; the dip net fishery became part of the life in Kenai; the Public Trust Doctrine did not include beaches and he believed the ordinance would solve the issue with the Doctrine. Comments included: • Support of the ordinance. • Suggestion a legal opinion be provided prior to the June 1, 2011 Council meeting. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 12 • Suggestion Dingle - Johnson federal funding be considered when preparing the opinion. • Suggestion the legal opinion include property owners who live outside of the City as well. • City Attorney Stearns noted there was new case law to consider since the last legal opinion. • Concerns of how such a program would be administered. • Include in the opinion the definition of a resident. • Administration provide suggestions of how the program would be administered, i.e. proof of residency, etc. • If possible, the opinion / administration of program should include property owners (which would include people who live outside of the City limits) Council concurred in the request for the legal opinion with the noted topics included. G -7. Discussion /Action -- Ordinance No. 2546 -2011, Schedule Council Work Session. Council Member Molloy reviewed his suggested timeline. Discussion of how the Council's review would dovetail with the review of the Planning 86 Zoning Commission. Comments included: ▪ Preference the Commission should provide its preview and recommendations first. • Concern simultaneous reviews would be confusing and counterproductive. • Agreement the Commission review and recommendations be provided first. A work session was scheduled for August 15, 2011, beginning at 6:00 p.m. and with a light meal provided. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Council Member Boyle provided a report of actions and discussions held at the May 13, 2011 meeting, including funding for the 40th anniversary celebration. H -2. Airport Commission -- Council Member Marquis reported the next meeting would be held June 9, 2011. H -S. Harbor Commission -- Council Member Gabriel reported the next meeting was scheduled for June 6, 2011 and he would be unable to attend. Council Member Molloy agreed to attend as liaison. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 13 H -4. Library Commission -- Council Member Marquis reported the next meeting was scheduled to be held June 7, 2011. H -5. Parks & Recreation Commission -- Council Member Moore reported the next meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Bookey reviewed the May 12, 2011 Commission minutes which were included in the packet. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- Mayor Porter noted the May 10, 2011 meeting summary was included in the packet. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No meeting. H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported there was meeting scheduled for the next week H- 7e. Reports of KPB Assembly, Legislators and Councils -- Council Member Marquis reported he attended the May 17, 2011 meeting and noted the final hearing on the ordinance to add streams to the Anadromous Streams Habitat would be held on June 7. ITEM is REPORT OF THE MAYOR -- Mayor Porter noted events she had attended, including BP Teacher of the Year Awards; Senior Awards where she presented gifts from the City to Council's Student Representative Coffman and Parks & Recreation Commissioner Gilman; appearance on Sound -Off with Mayor Micciche; Poppy Day proclamation presentation; and, Peninsula Mayors' Meeting. She suggested employees be contacted for nominations of City residents to be appointed to the Personnel Arbitration Panel. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the Legislature had adjourned and the capital bill had been forwarded to the Governor; he met with Senator Murkowski's Deputy Chief of Staff who would be based in Anchorage; and, the Senior Center had been awarded a $20,000 grant for the purchase of a new vehicle (a City match would be involved) . J -2. Attorney -- City Attorney Stearns reported she had attended the Alaska Bar Association where she was elected Vice President of the organization, which was KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 14 confirmed by the Bar Association Members, and she congratulated the Skyview Mock Trial Team and its coaches for its hard work and involvement in the National competition. J -3. City Clerk -- City Clerk Freas reported she had not yet received the 2011 Public Official Financial Report (due April 15) from Planning & Zoning Commissioner Twait. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Mark Schrag, 312 Princess Lane, Kenai -- Noted he felt residents of the MAPS and 3 -W Subdivision were being treated like second -class citizens; disagreed the Land Trust was the largest land owner in the MAPS area as stated earlier in the meeting; and, felt City Administration was being unreasonable inflexible with regard to a issuance of an encroachment permit which was causing him additional. Titre Navarre, P.O. Box 92, Kenai -- Spoke in opposition to the timeline for the Planning 85 Zoning Commission's review of Ordinance No. 2546 -2011 and Council's scheduled work session. K -2. Council Member Comments Boyle -- Thanked the public for its comments and stated he was glad he lived in the United States of America. Molloy -- Thanked Student Representative Coffman for her services to the City and commented on the Mock Trial competition. Marquis -- Reported he participated with the third place winning Freas /Stearns TriviaPalooza team at the Visitors Center, and thanked Coffman for her time and efforts as Student Representative. Coffman -- Provided a report of upcoming events at the high school, including her graduation; thanked the City and community for supporting the student representative position; thanked the Council; and, she would be studying elementary education at college and planned on coming back to Alaska to teach after graduation. Bookey -- Congratulated Coffman and wished her luck. Gabriel -- Thanked Coffman for her participation; reported he would be unable to attend the June 1 Council meeting and June 6 Harbor Commission meetings. KENAI CITY COUNCIL MEETING MAY 18, 2011 PAGE 15 Moore -- Congratulated Coffman and noted her receipt of college scholarships and agreed with Navarre's comments with regard to the suggested timeline for reviews of Ordinance No. 2546 -2011. EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. MOTION: Council Member Marquis MOVED to convene into executive session of the Kenai City Council regarding matters the immediate knowledge of which could have an adverse impact on the finances of the City and to give direction to the City Attorney: CINGSA's request to purchase easement and mineral deeds from the City of Kenai. Council Member Molloy SECONDED the motion. City Attorney Stearns and City Manager Koch were requested to attend. VOTE: There were no objections. SO ORDERED. CONVENED TO EXECUTIVE SESSION: 10:40 P.M. BACK TO ORDER: 10 :55 P.M. Council Member Marquis reported the Council met in executive session and gave our attorney direction to continue negotiation of easement rights. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:56 p.m. Minutes submitted by: BY COW Nctl- Carol L. Freas, City Clerk nATii *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in rotation with the official Council vote however advisory votes shall not affect the outcome of the official Council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting.