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HomeMy WebLinkAbout2007-11-21 Council MinutesrXel p)t`i�7\ KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 2007 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 *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Jessica Martin -- Invasive Plants of Alaska ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2267-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for a Federal Grant. 2. Ordinance No. 2268-2007 -- Amending KMC 3.15.040 to Provide that 1) a Hearing Shall be Held to Determine Whether a Dog Kennel License Will be Granted or Renewed; and 2) Property Owners Within 300 Feet of a Parcel That is the Subject of a Dog Kennel License Application Shall be Notified of the Application and the Date, Time and Place of the Hearing; and 3) Setting Out the Appeal Process for Any Aggrieved Party. 3. Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. 4. Resolution No. 2007-62 -- Designating that Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer. [Clerk's Note: At the 10/ 17/ 07 meeting, council postponed action on Resolution No. 2007-62 until reviewed by the Airport Commission. The Airport Commission reviewed different versions of the resolution at its November 8, 2007 meeting. The motion to enact Resolution No. 2007-62 (as originally presented) is active.] a. Resolution No. 2007-62 Substitute "A" -- Designating That Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and That a Portion of the Property in That Lot be Designated as a Buffer. b. Resolution No. 2007-62 Substitute "B" -- Designating That Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and That a Portion of the Property in That Lot be Preserved as a Buffer. 5. Resolution No. 2007-70 -- Requesting the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) Include in the Kalifornsky Beach Road Rehabilitation, Project 58703, a Separated Pedestrian Pathway from Station +/-827+00 (Cannery Road) to Station +/-944-00 (Bridge Access Road). (Clerk's Note: At the November 7, 2007 council meeting, Resolution No. 2007-70 was postponed to the November 21, 2007 council meeting. The motion to approve Resolution No. 2007-70 is active.) 6. Resolution No 2007-72 -- Awarding a Sole Source Contract to Motorola, Inc., in the Amount Not to Exceed $58,640.00 to ProComm Alaska LLC to Equip the Kenai Public Safety Communications Center. 7. Resolution No. 2007-73 -- Awarding a Sole Source Contract to ProComm Alaska LLC, in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center. 8. Resolution No. 2007-74 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2007-02, Requesting the Board of Fisheries to Adopt Regulations to Reduce Hydrocarbon Discharge at the Mouth of the Kenai River. 9. Resolution No. 2007-75 -- Selecting Alternative Number One as the Preferred Alternative for the Expansion of the Kenai Community Library. 10. *Application for Restaurant Designation Permit -- Don Jose's LLC, d/b/a Don Jose's Mexican Restaurant. ITEM F: MINUTES *Regular Meeting of November 7, 2007. ITEM G: ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2270-2007 -- Increasing Estimated Revenues and Appropriations by $71,730.85 in the General Fund for Repair of the Visitors Center Heating System. 4. *Ordinance No. 2271-2007 -- Increasing Estimated Revenues and Appropriations by $1,254,000 in the Wellhouse 4 Capital Project Fund for Water System Upgrades and $627,000 in the Water and Sewer Fund to Provide Matching Funds for a State Grant. 5. *Ordinance No. 2272-2007 -- 1) Amending the Land Use Table in KMC 14.22.010 by Separating "Storage" From the Current Use Listing of "Manufacturing/Fabricating/Assembly Storage" and; 2) Adding "Storage Yard" and "Mini -Storage Facility" to the Listed Uses in the Land Use Table and; 3) Amending KMC 14.20.320 by Providing Definitions of "Wholesale Business," "Mini -Storage Facility," "Storage Yard," and "Warehouse." 6. Approval -- Assignment of Shore Fishery Leases a. Tract 1, Shore Fishery Plat No. 71 (From Keith Johnson to Markham -Scow, LLC). b. Tract 2, Shore Fishery Plat No. 71 (From Reta Johnson to Markham -Scow, LLC). 7. Discussion -- Donation/Christmas Comes to Kenai Fireworks Display. 8. Discussion -- Schedule Work Session/Goal Setting 9. Discussion -- Banners ITEM I: 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. Joint Kenai River Working Group d. Mini -Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7118107, Tabled, no time certain.) EXECUTIVE SESSION -- Hollenberg Litigation ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 21, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai-ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: A quorum was present. Absent: Brittany Harding, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: Resolution No. 2007-62 (begins at page 11) -- Walker Lane proposed buffer strip • Borough documents on Plat No. 78-106 • Pictures. SUBSTITUTE: Resolution No. 2007-70 (begins at page 72) -- Bike Path/Kalifornsky Beach Road MOVE: Item H-7, Discussion -- Donation/Christmas Comes to Kenai Fireworks Display to be heard immediately following Assembly reports. REMOVE: Item H-9, Discussion/Banners KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 2 Council Member Molloy MOVED for approval of the agenda with the requested changes and Council Member Smalley SECONDED the motion. Council Member Molloy requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Jessica Martin -- Invasive Plants of Alaska Jessica Martin, Christa Martin, and Rebecca Litteer discussed invasive plants in Alaska, including annual costs, how they were introduced, their effect on the environment and what citizens could do to help in eliminating them. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) None. None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2267-2007 -- Increasing Estimated Revenues and Appropriations by $2,000 in the General Fund for a Federal Grant. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2267-2007 and Council Member Smalley the motion. There were no public or council comments. VOTE: *Student Representative Harding: Absent KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 3 Eldrid e Yes Ross Yes Molloy Yes Bo le Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2268-2007 -- Amending KMC 3.15.040 to Provide that 1) a Hearing Shall be Held to Determine Whether a Dog Kennel License Will be Granted or Renewed; and 2) Property Owners Within 300 Feet of a Parcel That is the Subject of a Dog Kennel License Application Shall be Notified of the Application and the Date, Time and Place of the Hearing; and 3) Setting Out the Appeal Process for Any Aggrieved Party. k7* •kT_ Council Member Molloy MOVED to enact Ordinance No. 2268-2007 and Council Member Ross SECONDED the motion. Greg Daniels, 426 Rogers Road, Kenai -- Read into the record a letter from Bill and Betty Osborn stating "We strongly support this ordinance, we believe all residents of the City of Kenai should be notified of a request for a kennel license in their neighborhoods." Daniels stated he and his wife, Jan were in support of the ordinance as a kennel could be more an invasive nuisance. Sherrie Petty, 820 Set Net, Kenai -- Petty spoke in opposition to the ordinance noting the revised ordinance would require neighbor consensus for each renewal, an annual hearing would be excessive, and annual hearing should be only if problems were to exist. Attorney Graves explained a substitute would be brought forward for council consideration and clarified when notice to neighbors would be required. Scott Romain, 425 Rogers Road, Kenai -- Spoke in support of the ordinance, noting he personally would not appreciate the noise in the neighborhood and as a realtor, he believed it would affect home -buying decisions. Nicole Popp, 810 Set Net Drive, Kenai -- Spoke in support of the ordinance, noting the amendments would allow adjacent property owners to have a voice in the issuance and renewal of kennel licenses. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 4 Gwen Bennett, 304 Linwood Lane, Kenai -- Stated she believed the ordinance was confusing and needed clarification. Karen Koester, 745 Set Net Drive, Kenai -- Spoke in support of the ordinance as the neighborhood would be notified and believed all parties impacted should be a part of the process. Garnet Sarks, 110 Birch Street, Kenai -- Stated opposition to the ordinance, noting she believed it would take away rights and be an invasion of privacy. Laura Pabst, 140 Richfield, Kenai -- Noted a typographical error in the first whereas related to the number of dogs requiring a kennel license. With no one else requesting to be heard, the public hearing was closed. it was noted, all who testified would receive a copy of the substitute ordinance. l�iy�i a7 Council Member Swarner MOVED to table Ordinance No. 2268-20 until the first meeting in December. Council Member Eldridge SECONDED the motion. *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley 1 Yes KGJLOJ - • I . E-3. Ordinance No. 2269-2007 -- Enacting Chapter 5.40 of the Kenai Municipal Code Establishing a Licensing Procedure for Pawnbrokers and Regulating How Pawnbrokers Conduct Business. Council Member Molloy MOVED to enact Ordinance No. 2269-2007 and Council Member Swarner SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 5 MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2269-2007 to the December 5, 2007 council meeting. Council Member Eldridge SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Harding: Absent Eldridge =Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2007-62 -- Designating that Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer. [Clerk's Note: At the 10/17/07 meeting, council postponed action on Resolution No. 2007-62 until reviewed by the Airport Commission. The Airport Commission reviewed different versions of the resolution at its November 8, 2007 meeting. The motion to enact Resolution No. 2007-62 (as originally presented) is active.] E-4a. Resolution No. 2007-62 Substitute "A" -- Designating That Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and That a Portion of the Property in That Lot be Designated as a Buffer. E-4b. Resolution No. 2007-62 Substitute "B" -- Designating That Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and That a Portion of the Property in That Lot be Preserved as a Buffer. MOTION: Council Member Molloy MOVED to adopt Resolution No. 2007-62, Substitute B and Council Member Smalley SECONDED the motion. Kellie Kelso, 117 Walker Lane, Kenai -- Reported the Airport Commission did not support either of the two resolutions presented to them; the Commission wanted to preserve the buffer and the city purchase the lot from the airport; and, stated her support of Substitute B. Kelso also submitted pictures of views from four houses along Walker Lane, along with additional petitions. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 6 Buck Steiner, 381 Senior Court -- Stated he had not heard any support for removal of the buffer, understood there would be development in that area in the next six years, and supported Substitute B. Jason Carroll, Nikiski -- Stated he was not opposed to keeping the green strip, but felt the Airport should be compensated and that it should be a market force driving the decision. Pete Hansen, Kenai -- Reported he was a member of the Kenai Economic Development Strategy Action Team, the Team reviewed both substitutes, and the Team supported Substitute A. Laurie Bookey, 115 Walker Lane, Kenai -- Stated support in keeping the buffer zone. Ed Steiner, 4292 Beaver Loop Road, Kenai -- Reported he attended the Airport Commission meeting and learned the Commission was not aware of how much airport property there was or where it was situated. Richard Kelso, 117 Walker Lane, Kenai -- Stated he understood the airport had been compensated, questioned who presently owned the property, and, stated his support of Substitute B. Chuck Smalley, 109 Harbor Avenue, Kenai -- Stated he had lived at his residence since 1979, received no notice to change the declaration of the land, and supported saving the property as a buffer zone. Sheryl Main, 207 Walker Lane, Kenai -- Stated she appreciated the City's assistance in improving the neighborhood and added, she believed part of the improvement would be to keep the buffer zone. Scott Mitchell, 208 Portloek, Kenai -- Stated he believed there was confusion of whether the property was a buffer zone and if it had not changed, why were the proceedings taking place. Mike Beck, 406 Lawton Drive, Kenai -- Noted he had spoken in support of keeping the buffer zone along Lawton Drive when the issue came up several years ago and others speaking to this issue had spoken in support of keeping that buffer zone. He spoke now to support the Walker Lane residents and supported Substitute B. Sheryl Samples, 302 Sterling Court, Kenai -- Stated her support in keeping the buffer zone, supported Substitute B, and encouraged council to think about the citizens and work it out. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 7 Anthony Helms, 113 Walker Lane, Kenai -- Stated his support of keeping the buffer strip as it was. Howard Dorsey, 201 Portloek Street, Kenai -- Stated his support to keep the buffer zone between commercial development and residential zones. With no others from the public wishing to heard, the public hearing was closed. Council comments included: • No document had been provided showing council action changing the property from use as a buffer and would like to see the land reconstituted to buffer noise and view. • Buffer was needed, but the 3/4 Acre on the corner of Walker Lane should be further discussed due to its value as a commercial area. • Suggestion to move the Lawton Drive property line 30 feet to the north to enlarge the buffer area along Walker Lane, include a buffer between Lot A and Lot B. • Support of the suggestion to move the property line 30 feet as a compromise and believed the airport should be compensated. • Concerns related to the Airport Fund balance and the corner lot value as a commercial area (require a buffer between the commercial development and the Walker Lane buffer). • Greater good would be to provide a buffer as it was a quality of life issue. • Strong support in providing a buffer and creating a buffer beyond Lot A as Lot A could be prime economic value for lease and perpetual revenue to the airport. VOTE ON MOTION ADOPTING SUBSTITUTE B: *Student Representative Harding: Absent Eldridge No Ross No Mollo Yes Boyle Yes Porter No _ Swarner No Smalley Yes Council Member Ross MOVED for adoption of Resolution No. 2007-62, Substitute A and Council Member Eldridge SECONDED the motion. MOTION TO AMEND: Council Member Ross MOVED to amend the plat by moving the right-of-way dedication line to the north 30 feet into Lot A and within the designation buffer KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 8 between the roadway and the new right-of-way line require a natural vegetated buffer (between Lot A and the roadway) and include that requirement as a plat note. Council Member Eldridge SECONDED the motion. a k4 k II ti k *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy No Boyle No Porter Yes Swarner Yes Smalley No MOTION PASSED. MOTION TO AMEND: Council Member Ross MOVED to delete the second "whereas" (Page 30 of the packet) on the second page of Substitute A. Council Member Eldridge SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Smalley Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Harding: Absent Eldridge Yes Ross Yes ( Molloy No F Boyle No Porter Yes Swarner Yes Smalley No T MOTION PASSED. BREAK TAKEN: 9:22 P.M. BACK TO ORDER: 9:29 P.M. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 9 E-5. Resolution No. 2007-70 -- Requesting the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) Include in the Kalifornsky Beach Road Rehabilitation, Project 58703, a Separated Pedestrian Pathway from Station +/-827+00 (Cannery Road) to Station +/-944-00 (Bridge Access Road). (Clerk's Note: At the November 7, 2007 council meeting, Resolution No. 2007-70 was postponed to the November 21, 2007 council meeting. The motion to approve Resolution No. 2007-70 is active.) E-5a. Substitute Resolution No. 2007-70 -- In Support of Kenai Peninsula Borough Resolution 2007-076, Requesting the State of Alaska Department of Transportation and Public Facilities (ADOT/PF) Include in Kalifornsky Beach. Road Rehabilitation, Project 58703, a Separated Pedestrian Pathway From Station +/- 827+00 (Cannery Road) to Station +/-944+00 (Bridge Access Road). MOTION: Council Member Molloy MOVED to adopt Substitute Resolution No. 2007-70 and Council Member Eldridge SECONDED the motion. There were no public comments. Concern was expressed supporting this project could eliminate funding for a strong city project. City Manager Koch stated, after speaking with representatives of the Department of Transportation, he did not believe it would. VOTE: Council Member Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-6. Resolution No. 2007-72 -- Awarding a Sole Source Contract to Motorola, Inc., in the Amount Not to Exceed $58,640.00 to ProComm Alaska LLC to Equip the Kenai Public Safety Communications Center. MOTION: Council Member Ross MOVED for approval of Resolution No. 2007-72 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 10 Council Member Ross requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. E-7. Resolution No. 2007-73 -- Awarding a Sole Source Contract to ProComm Alaska LLC, in the Amount Not to Exceed $243,000.00 to Equip the Kenai Emergency Operations Center. MOTION: Council Member Ross MOVED for approval of Resolution No. 2007-73 and requested UNANIMOUS CONSENT. Council member Eldridge SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-S. Resolution No. 2007-74 -- Authorizing City of Kenai Mayor Porter to Sign City of Kenai, City of Soldotna, and Kenai Peninsula Borough Joint Resolution No. 2007-02, Requesting the Board of Fisheries to Adopt Regulations to Reduce Hydrocarbon Discharge at the Mouth of the Kenai River. Council Member Smalley MOVED for approval of Resolution No. 2007-74 and Council Member Ross SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Harding: Absent Eldridge Yes Ross Yes Mollo Yes Boyle Yes Porter Yes I Swarner Yes Smalley ;Yes MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2007-75 -- Selecting Alternative Number One as the Preferred Alternative for the Expansion of the Kenai Community Library. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 11 Council Member Eldridge MOVED for approval of Resolution No. 2007-75 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public comments. It was suggested council consider taking money from the General Fund for the project in the next budget cycle. VOTE: There were no objections. SO ORDERED. E-10. Application for Restaurant Designation Permit -- Don Jose's LLC, d/b/a Don Jose's Mexican Restaurant. Approved by consent agenda. ITEM F: MINUTES F-1. Regular Meeting of November 7, 2007 -- Approved by consent agenda. ITEM G: UNFINISHED BUSINESS -- None. ITEM H: 11-1. Bills to be Ratified MOTION: Council Member Swarner MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 -- None. H-3. Ordinance No. 2270-2007 -- Increasing Estimated Revenues and Appropriations by $71,730.85 in the General Fund for Repair of the Visitors Center Heating System. Introduced by approval of consent agenda. H-4. Ordinance No. 2271-2007 -- Increasing Estimated Revenues and Appropriations by $1,254,000 in the Wellhouse 4 Capital Project Fund KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 12 for Water System Upgrades and S627,000 in the Water and Sewer Fund to Provide Matching Funds for a State Grant. Introduced by approval of consent agenda. H-5. Ordinance No. 2272-2007 -- 1) Amending the Land Use Table in KMC 14.22.010 by Separating "Storage" From the Current Use Listing of "Manufacturing/Fabricating/Assembly Storage" and; 2) Adding "Storage Yard" and "Mini -Storage Facility" to the Listed Uses in the Land Use Table and; 3) Amending KMC 14.20.320 by Providing Definitions of "Wholesale Business," "Mini -Storage Facility," "Storage Yard," and "Warehouse." Introduced by approval of consent agenda. H-6. Approval -- Assignment of Shore Fishery Leases H-6a. Tract 1, Shore Fishery Plat No. 71 (From Keith Johnson to Markham - Scow, LLC). H-6b. Tract 2, Shore Fishery Plat No. 71 (From Reta Johnson to Markham - Scow, LLC). MOTION: Council Member Swarner MOVED to approve the Assignment of Shore Fishery Leases, Tract 1, Shore Fishery Plat No. 71 (From Keith Johnson to Markham -Scow, LLC) and Tract 2, Shore Fishery Plat No. 71 (from Reta Johnson to Markham -Scow, LLC). Council Member SECONDED the motion. There were no objections. SO ORDERED. H-7. Discussion -- Donation/Christmas Comes to Kenai Fireworks Display. (Heard immediately following Reports of the Assembly.) A question of whether council members, as members of the Chamber of Commerce, though not board members or employees receiving financial compensation, would have conflicts in voting on the issue. City Attorney Graves determined, since all council members stated their memberships, and were not board members or employees of the Chamber, there would not be a conflict. Information included in the packet identifying a funding source was referenced and discussed. Notation was made the item was not funded when setting the FY08 budget, however financial changes had taken place since the budget was set. It was also noted, Chamber members had not been asked for additional funds to finance the fireworks. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 13 MOTION: Council Member Eldridge MOVED to share the cost of fireworks with the Kenai Chamber of Commerce in the amount of approximately $3,200 for this year. Council Member Ross SECONDED the motion. VOTE: *Student Representative Harding: Absent Eldridge Yes Ross Yes Molloy Yes Boyle No Porter Yes Swarner Yes Smalley Yes MOTION PASSED. H-8. Discussion -- Schedule Work Session/Goal Setting A brief discussion took place related to the scope of a goal -setting session. The process was explained as the council sitting informally and discussing the future direction of the city. Administration was requested to provide a written summation of what the process would be for the work session. H-9. Discussion -- Banners -- Removed from the agenda. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Eldridge reviewed the November 8, 2007 meeting summary included in the packet and noted he would be absent from the December meeting. I-2. Airport Commission -- Council Member Molloy reviewed the November 8, 2007 meeting summary included in the packet and reported he would not be able to attend the December 13 meeting and that Council Member Boyle would attend in his absence. I-3. Harbor Commission -- Council Member Boyle reviewed the November S meeting summary included in the packet and noted the Commission expressed strong support in placement of a drift boat haul -out on the river. I-4. Library Commission -- Council Member Smalley reviewed the November 6 meeting summary included in the packet. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 14 1-5. Parks & Recreation Commission -- Council Member Eldridge reviewed the November 1 meeting summary included in the packet and noted, the Harbor and Parks I, Recreation Commissions met in a joint work session on November 5 to review the dip net fishery report. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the November 14, 2007 meeting minutes included in the packet and noted the Commission met in a work session immediately following the meeting to discuss further amendments to the zoning code related to the difference between conex containers and sheds and how they should be treated. 1-7. Miscellaneous Commissions and Committees 1-7a. Beautification Committee -- No meeting. I-7b. Alaska Municipal League Report -- Council Member Swarner reported she attended the AML Conference in Fairbanks where she was again appointed to the Legislative Committee, Council Member Smalley was elected to the AML Board of Directors, and Assembly Member Pete Sprague was appointed as AML's representative to the National Association of Counties from the Kenai Peninsula. I-7c. Joint Kenai River Working Group -- No report. I-7d. Mini -Grant Steering Committee -- No meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following items: • She attended a Love, Inc. anniversary celebration reception. • She assisted in the planning and occurrence of the welcome home of local troops as well as the Veterans' Day celebration. • She attended the Boys 8r, Girls Club auction. • She attended the Veterans' Day celebration at the Sports Center on November 11. • She attended the Resource Development Council Conference in Anchorage with topics including oil, gas and mining issues. • She attended the Alternative School's Thanksgiving event. Porter asked if council wished to move forward with developing a bear -safe garbage container ordinance for consideration in January. Council stated no objections. ITEM K: K-1. City Manager -- City Manager Koch noted the following items: KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 15 • He met with DOT representatives and thought the meeting very productive. • The Friends of the Library pledged $$170,000 toward the library expansion project and would be hiring someone to assist in grant -writing efforts. • He would be sending a letter of interest to the Rasmuson Foundation for a Tier II grant and accompanying the City's grant application. • Reported on water well efforts. • Dena'ina Pointe Estates had been resurveyed and he would be forwarding information to property owners for their input. • Funds were included in a congressional bill for funding toward the bluff erosion project. • Has held discussions with Fish & Game representatives related to drift boat haul -out funding to be re -appropriated to the city during the next legislative session. K-2. Attorney -- Attorney Graves reported he would be on jury duty during the next week, but would be checking messages, etc. K-3. City Clerk -- Clerk Freas noted she had received requests from the Council on Aging to cancel its December meeting and the Library Commission to move its January 1 meeting to January 8. With no objections from Council, Clerk Freas would carry out the requests. ITEM L: L-1. Citizens (rave minutes) -- None. L-2. Council Swarner -- . Reported she also attended the Resource Development Council conference and while in Anchorage, visited the Rasmuson Foundation office and discussed library funding sources and process. • Wished all a Happy Thanksgiving and Council Member Smalley a happy birthday. Smalley -- Reported he attended the AML/Newly Elected Officers Conference and noted, he believed attendance was very worthwhile and reported on conference sessions presented. Eldridge -- Reported he would participate telephonically for the December 5, 2007 council meeting. Ross -- No comments. KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 16 Molloy -- No comments. Boyle -- Recognized former Council Member Moore for his work on the Kenai River Working Group and development of the joint resolutions. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7118107, Tabled, no time certain.) -- Hollenberg Litigation 17krolWIGNA Council Member Swarner MOVED to convene in an executive session of the Council of the City of Kenai, concerning the Hollenberg litigation and recognizing attorney/client confidential community privilege, requesting City Attorney Graves and City Manager Koch to attend. Council Member Ross SECONDED the motion. VOTE: Eldridge Yes Ross Yes Molloy Yes Boyle Yes Porter Yes Swarner Yes Ls Yes MOTION PASSED UNANIMOUSLY. SESSION CONVENED: 10:16 P.M. BACK TO ORDER: 10:37 P.M. Council Member Swarner reported, during the executive session, council directed the attorney on matters pertaining to the Hollenberg litigation. ITEM M: ADJOURNMENT KENAI CITY COUNCIL MEETING NOVEMBER 21, 2007 PAGE 17 There being no further business before the Council, the meeting adjourned at approximately 10:38 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. Student representatives may not move or second items during a council meeting. PROVED By COUNCIL