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HomeMy WebLinkAbout2011-06-01 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 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 (invited to 10 minutes per speaker) 1. Mary Jo Joiner /Christine Cunningham -- All- America City Presentation Update. 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' beha(.) 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. 2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. 3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. 4. 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. 5. 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. (Clerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. 2011 -40 is active.) 6. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for City Hall. 7 Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. 8 Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements. 9 Resolution No. 2011 -45 -- Awarding Non- Exclusive On- Airport Car Rental Concessions to Corporate Sales &, Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d/ b/a Avis, for the Period July 1, 2011 Through June 30, 2016. 10. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727. ITEM E: MINUTES 1. *Regular Meeting of May 18, 2011. 2. *May 9, 2011 Budget Work Session Notes 3. *May 10, 2011 Work Session Notes 4. *May 24, 2011 Special Council Meeting Minutes 5. *May 25, 2011 Special Council Meeting Minutes ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding 15,000 3. *Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." 4. *Ordinance No. 2561 -2011 -- Amending KMC Chapter 6.20, Initiative and Referendum, to Add a New Section 6.20.020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to Influence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter. 5. *Ordinance No. 2562 -2011 -- Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially - Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. 6. *Ordinance No. 2563 -2011 -- Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009 Edition of the Uniform Plumbing Code, Which Code Also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code and to Make Local Amendments to the Codes. 7. *Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. 8. Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions 9. Discussion -- City Clerk Recruitment ITEM H: COMMISSION/COMMITTEE REE' POR T S 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 -- Regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City: Pending or threatened litigation. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) ITEM M: ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS bttp: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ITEM A: CALL TO ORDER 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: Ryan Marquis Robert Molloy Mike Boyle, Vice Mayor Pat Porter, Mayor Joe Moore Terry Bookey Absent was Council Member Brian Gabriel. A quorum was present. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: B -1, A11- America City presentation handout MOTION: Council Member Moore MOVED to remove Items G -3, G -4, G -5, and G -7 from the Consent Agenda and add them to the regular agenda, and move Item G -9 to be heard immediately after D -2. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 2 Council Member Molloy MOVED to approve the consent agenda as amended and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 70 minutes per speaker) B -1. Mary Jo Joiner /Christine Cunningham -- All- America City Presentation Update. Ms. Joiner and Ms. Cunningham provided an update to the A11- America City competition, noting the City of Kenai was selected as one of the 26 finalists; a group of 14 people would be attending the competition in Kansas City, MO to present the City's program; and, Kenai nominated Kelsey Leaf and Hannah Coffman for the All- America City Youth Award. ITEM C: UNSCHEDULED PUBLIC COMMENTS [Public comment limited to 3 minutes per speaker) None. ITEM D: D -1. MOTION: 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. 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. Council Member Marquis MOVED to enact Ordinance No. 2556 -2011 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. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 3 Council comments included: • Thanks to the Clerk and City Attorney for their efforts in bringing the ordinance forward. ® A question of whether other communities were offering voting by electronic transmission. City Clerk Freas noted in her research, she was unable to find any other community allowing voting via electronic transmission, i.e. including voting using pdf documents transmitted via computer as proposed in the ordinance. She added, she had also discussed the issue with other Clerks throughout the State of Alaska and found none with specific language in their codes or processes to allow this type of voting. She did find information on the Internet identifying a new program being developed to provide voting by electronic transmission for military and out -of- country voters for federal elections, however no specific information of the process being developed. City Attorney Stearns noted her research included information Freas had provided her; researched case law, Alaska Statutes and Administrative Code; and, held discussions with other community contacts and was unable to find any referring to voting by electronic voting or the process and added, the City of Kenai would be breaking new ground. It was also noted, the ordinance would be submitted to the U.S. Department of Justice for its required review. VOTE: Marquis Yes Molloy j Yes j Boyle Porter Yes Moore _I Yes Gabriel Bookey Yes MOTION PASSED UNANIMOUSLY. D -2. Ordinance No. 2557 -2011 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2011 and Ending June 30, 2012. Yes Absent MOTION: Council Member Bookey MOVED to approve Ordinance No. 2557 -2011 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: KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 4 Marquis Yes Yes Molloy Moore Yes Yes Boyle Gabriel 1 Yes Absent Porter r Bookey Yes Bookey Yes MOTION PASSED UNANIMOUSLY. D -3. Ordinance No. 2558 -2011 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Multi- Purpose Facility Capital Project Fund. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2558 -2011 and Council Member Bookey SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. It was noted, the funding would be used for a conceptual drawing of a multipurpose facility. VOTE: Marquis Yes Molloy Yes Boyle Yes Porter 1 Yes Moore Yes Gabriel Absent Bookey Yes MOTION PASSED UNANIMOUSLY. D -4. 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. MOTION: Council Member Boyle MOVED to adopt Ordinance No. 2559 -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. Council discussion followed with comments including: • The ordinance was brought forward because free use /discount to residents of some sort had long been discussed. • Suggestion to offer free use at the boat launch instead of the beach could be a way to work around the Public Trust Doctrine. • Applaud for the idea of free use of the boat launch, but concern it would violate the Public Trust Doctrine and would not want to have the City (and its residents) defend the action. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 5 • Agreement with the sentiments and believed the citizens and Council would like to allow free use, but after reviewing comments from the City Attorney, had concerns about the City's legal standing. • Suggestion to investigate a better solution and have more discussion during a work session with regard to offering a discount season pass. • Agreement with the idea, but had concerns and would want to have further investigation first. • Agreed with the concept; thanked the City Attorney for the opinion which brought forward points to consider; and, believed it would be expensive to defend. • The Trust did not define access to the boat launch, only the beach; if no challenge was made, the City could move forward; and, question of who would challenge the City's position. VOTE: Marquis No Molloy Yes ( Boyle Yes Porter No Moore No Gabriel Absent Bookey No MOTION FAILED. D -5. 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. (Clerk's Note: At the May 18, 2011 Council meeting, a motion to adopt Resolution No. 2011 -40 was made and then a motion to postpone Resolution No. 2011 -40 to the June 1, 2011 was unanimously passed. The motion to adopt Resolution No. 201.1 -40 is active.) 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: Marquis Yes Yes Molloy Moore Yes Yes Boyle Gabriel Yes Absent Porter Bookey Yes MOTION PASSED UNANIMOUSLY. D -6. Resolution No. 2011 -42 -- Authorizing a Budget Transfer Within the General Fund, Non - Departmental for the Purchase of a New Multifunction Copier for City Hall. MOTION: KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 6 Council Member Molloy MOVED to approve Resolution No. 2011 -42 and requested UNANIMOUS CONSENT. 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: There were no objections. SO ORDERED. D -7. Resolution No. 2011 -43 -- Authorizing the Purchase of a Multifunction Copier from Konica Minolta Business Solutions. MOTION: Council Member Bookey MOVED to approve Resolution No. 2011 -43 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. The floor was opened to public hear g• Randy Daly, 108 Deepwood Court, Kenai -- Reported he was the owner of Hi -Speed Gear; the bids were submitted to the Borough several months prior; he felt it would be in the best interest of the City to request revised or fresh bids; the machine he bid was no longer available; and, with new bids, the price could be 15 -20% lower. There being no one else wishing to speak, the public hearing was closed. Council discussion followed with comments including: • The City used the process the Borough used in ranking and scoring. • The City could go through another bid process if so directed, however Administration found the needs of the Borough with regard to the purchase of a color copier very close to the City's needs. • The City used the Borough's process because it received good responses to its bid procedure. VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2011 -44 -- Authorizing a Capital Project Title Change in Ordinance No. 2258 -2007 From the Wildwood Drive to Wildwood Drive Reconstruction and the Marathon Road and Willow Street Improvements. MOTION: KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 7 Council Member Bookey MOVED for approval of Resolution No. 2011 -44 and requested UNANIMOUS CONSENT. 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. It was noted Senator Wagoner tried to obtain appropriations to provide a survey; if no funding was received from the State, funds from the capital project may be used for that purpose; and, the City was still maintaining the road. VOTE: There were no objections. SO ORDERED. D -9. Resolution No. 2011 -45 -- Awarding Non - Exclusive On- Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d /b /a Budget Rent A Car, Alaska Rent A Car, Inc., d /b /a Avis, for the Period July 1, 2011 Through June 30, 2016. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -45 and requested UNANIMOUS CONSENT. Council Member Molloy 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. It was noted there would be two rental car companies; after two years, the City could go to bid again if there was interest for another company to come in; and, there would be no rotating leases with the other rental car companies. VOE: There were no objections. SO ORDERED. D -10. Resolution No. 2011 -46 -- Correcting the Total Purchase Price for Airport Snow Removal Equipment to the Amount of $864,727. MOTION: Council Member Marquis MOVED for adoption of Resolution No. 2011 -46 and requested UNANIMOUS CONSENT. 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. There were no Council comments. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 8 VOTE: There were no objections. SO ORDERED. ITEM E: MINUTES E -1. *Regular Meeting of May 18, 2011 -- Approved by Consent Agenda. E -2. *May 9, 2011 Budget Work Session Notes -- Approved by Consent Agenda. E -3. *May 10, 2011 Work Session Notes -- Approved by Consent Agenda. E -4. *May 24, 2011 Special Council Meeting Minutes -- Approved by Consent Agenda. E -5. *May 25, 2011 Special Council Meeting Minutes -- Approved by Consent Agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED to approve the purchase orders exceeding S 15,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. It was noted the furniture purchase for the Library was no extra furniture, but additional furniture ordered in relation to the building project. It was also noted, the change order was a difference of $900. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 9 G -3. Ordinance No. 2560 -2011 -- Amending Kenai Municipal Code Section 12.25.030, "Leaving of Junked or Illegally Parked Vehicles," to Amend the Definition of What is a "Junk Vehicle." Ordinance No. 2560 -2011 was removed from the consent agenda. MOTION: Council Member Boyle MOVED to introduce Ordinance No. 2560 -2011 and Council Member Marquis SECONDED the motion. Discussion included: • The ordinance would eliminate the requirement for a vehicle parked in the yard to be registered. • Requested the ordinance be removed from the consent agenda because of concern the process was flawed; enforcement was directed by KMC 14.20.270 and should be used; and, the Planning & Zoning Commission should be allowed to go through its process. • Had no objection for the Commission to review the ordinance, however did not believe the Commission was required to review it. • Did not believe the enforcement was a Title 14 issue. • Confirmation the junk vehicle ordinance was a Title 1.2 issue and not an amendment to the zoning code; reminder Council was discussing introduction of the ordinance; and, it was Council's discretion to forward the ordinance to a commission for review, but was not requirement. • Request for a memo of explanation be included with the ordinance as (well as others being introduced) for the public hearing, as well as a memo reporting any actions of the Planning & Zoning Commission. • Belief it was not fair to say an un- tagged vehicle was a junk vehicle and did not believe the ordinance needed the Planning & Zoning Commission's review. • The ordinance was initially brought forward by Planning & Zoning Commission and did not believe the Commission should be left out of the process. VOTE: Marquis Yes I Molloy Yes Boyle Yes Porter No Moore Yes Gabriel Absent Bookey Yes MOTION PASSED. G -4. Ordinance No. 2561 -2011 -- Amending KMC Chapter 6.20, Initiative and Referendum, to Add a New Section 6.20.020, "Limitation on Appropriations," to Prohibit the Appropriation of City Funds in Order to KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 10 fluence the Outcome of An Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter. Ordinance No. 2561 -2011 was removed from the consent agenda at the beginning of the meeting. MOTION: Council Member Boyle MOVED for introduction of Ordinance No. 2561 -2011 and Council Member Molloy SECONDED the motion. Discussion included: • The ordinance was brought forward to prohibit the use of City funds to oppose citizen's initiatives. • Confirmed the ordinance contained a specific exception to allow the City to assert a position on a statewide ballot. • Concern the Council should prohibit taking a position on a local or State issue. • Explanation the ordinance only referred to City issues and citizen referendums; referendums are brought by people who elect the Council; and, the ordinance would limit the Council to be able to use public funds to oppose an issue that comes forward by taxpayers of the City. VOTE: Marquis Yes Molloy Yes Boyle Yes Porter No Moore Yes Gabriel Absent j Bookey Yes MOTION PASSED. G -5. Ordinance No. 2562 -2011 -- Amending Section 6.10.010, "Nominating Petitions," to Delete the Requirement That a Person Seeking to be Elected to the Office of Mayor or Council Member File With the City Clerk a Partially - Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. Ordinance No. 2562 -2011 was removed from the consent agenda at the beginning of the meeting. MOTION: Council Member Boyle MOVED to introduce Ordinance No. 2562 -2011 and Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 11 Discussion included: • Desire to include a substitute ordinance in the next packet to broaden the ordinance by deleting the requirement for petition and requiring only the candidacy statement, as well as include an electronic process for filing for candidacy. • It was noted, the Charter required the filing of a petition and to amend the Charter, a vote of the citizens was required. • Ordinance No. 2562-2011, if passed, would allow someone other than the candidate to submit a petition and declaration of candidacy for another, and would not require a City - produced form to be filed with the City Clerk. • Desire to submit an ordinance to place a question on the fall ballot to amend the Charter by removing the requirement to submit petitions with candidacy filings. VOTE: Marquis I Yes Porter Yes Bookey Yes Molloy Yes Boyle Moore Yes Gabriel Yes Absent MOTION PASSED UNANIMOUSLY. G -6. *Ordinance No 2563 -2011 -- Amending Chapter 4.25, Uniform Plumbing Code, to Adopt the 2009 Edition of the Uniform Plumbing Code, Which Code Also Incorporates the Uniform Swimming Pool, Spa and Hot Tub Code and the Uniform Solar Energy Code and to Make Local Amendments to the Codes. Introduced by approval of the Consent Agenda. G -7. Ordinance No. 2564 -2011 -- Amending Kenai Municipal Code Section 10.30, "Record Retention," to Add a New Section 10.30.060 "Disclosure of Information Collection" to Require the City to Notify Residents and Property Owners that the City Has Collected Information About the Resident or Property Owner and /or Their Property in the City. Ordinance No. 2564 -2011 was removed from the Consent Agenda at the beginning of the meeting. MOTION TO INTRODUCE: Council Member Boyle MOVED to introduce Ordinance No. 2564 -2011 and Council Member Molloy SECONDED the motion. Discussion included: KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 12 • Explanation the intent of the ordinance was to require the City to provide notification to residents of the City when information was being collected, i.e. code violations, etc., but not including police investigations. • Agreement with the intent and protection proposed to provide, but needed to consider unintended consequences. • Reference was made to subsections (c) and (d). ® Concern the administrative process would be very difficult and suggestion feedback be provided from the departments which could be affected by passage of the ordinance. VOTE: Marquis Yes Molloy Yes Boyle Yes Porter No 1 Moore 1 Yes Gabriel Absent 1 Bookey ! Yes j MOTION PASSED. BREAK TAKEN: 8:10 P.M., Council Member Moore departed the meeting. BACK TO ORDER: 8:17 P.M. G -8. Action /Approval -- Commissioner Appointments /Library and Parks & Recreation Commissions Mayor Porter referred to applications included in the packet and nominated Katie Evans for appointment to the Library Commission and Jordanne Wilson to the Parks 84 Recreation Commission. MOTION: Council Member Molloy MOVED to confirm the nomination of Katie Evans to the Library Commission. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Molloy MOVED to confirm the nomination of Jordanne Wilson to the Parks &, Recreation Commission. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: KENAI CITY COUNCIL MEETING .JUNE 1, 2011 PAGE 13 There were no objections. SO ORDERED. G -9. Discussion -- City Clerk Recruitment Item G -9 was heard immediately after Item D -2. Council Member Marquis noted the resignation received from City Clerk Carol Freas effective June 30, 2011. In order to move the recruitment of filling the position, the following actions were taken: MOTION: Council Member Marquis MOVED to meet with Linda Murphy, who has a business dealing with Clerk issues, hiring and recruiting and that Council get the process started that way by consulting with Ms. Murphy. Council Member Bookey SECONDED the motion. Council comments included: • Support to contract with a professional with experience and knowledge of the position and belief the City would be well served in contracting with Murphy. ® Support to hold a work session to meet with Murphy. VOTE: Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes :Gabriel Absent Bookey Yes j MOTION PASSED UNANIMOUSLY. Discussion followed with regard to forming a subcommittee to allow some early discussion with Murphy and interest she may have in assisting the Council in the recruitment, as well as submittal of a contract proposal. MOTION: Council Member Molloy MOVED for the Council to establish a subcommittee of three, including Council Member Marquis, Council Member Bookey and Mayor Porter. Council Member Marquis SECONDED the motion. It was noted, discussions with Murphy would include scope of contract, length of contract, assistance in hiring, etc. VOTE: Marquis Yes Mol1PL Yes Boyle Yes KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 14 Porter Yes Moore Yes Gabriel Absent Bookey Yes MOTION PASSED UNANIMOUSLY. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Vice Mayor Boyle reported the next meeting was scheduled for June 9, 2011. MOTION: Vice Mayor Boyle MOVED to allocate $2,100 from the Legislative budget to be used for the Senior Center's 40th anniversary celebration. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. It was noted, the funds were to be taken from the current fiscal year budget. H -2. Airport Commission -- Council Member Marquis reported the next meeting was schooled for June 9 and reminded all of the Air Faire scheduled for June 4. H -3. Harbor Commission -- Council Member Molloy reported he would attend the June 6, 2011 meeting for Council Member Gabriel. 11-4. Library Commission -- Council Member Marquis reported the next meeting was scheduled to be held on June 7 and Mayor Porter would attend for him. H -5. Parks & Recreation Commission -- Parks & Recreation Director Frates reported the next regular meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Molloy reviewed the minutes of the May 25 meeting were included in the packet and reported the next meeting was scheduled for June 8, with a work session beginning at 6:00 p.m. H -7. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- No meeting. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 15 H -7d. Kenai Convention & Visitors Bureau -- Council Member Bookey reported the next meeting would be held the last week in June. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR -- Mayor Porter noted events she had attended, including the Torch Run, Little League opening, Alternative School and Kenai High School graduations, and met with the directors of the Visitors Center and Kenai Chamber of Commerce. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- City Manager Koch reported the grand opening of the Library expansion was scheduled for July 9, 2011. Information related to flooding at the project pad at Boat Launch Road was provided by Koch and Project Manager /Acting Public Works Director Lyons. J -2. Attorney -- Attorney Stearns congratulated City Clerk Freas on her retirement and wished the All- America City group good luck. J -3. City Clerk -- City Clerk Freas reported June 1, 2011 was her 21st anniversary as the City of Kenai City Clerk. A work session was scheduled for Thursday, June 9, 2011, beginning at 6:00 p.m. to review Murphy's proposal and work out details in order for a contract, etc. he brought forward at the June 15, 2011 Council Meeting for consideration. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) None. K -2. Council Member Comments Bookey -- • Congratulated Freas and wished her best of luck, adding he did not know the City without Freas being present. • Reminded all of the Kenai River Festival on June 11 and 12, 2011. Marquis -- Congratulated Freas on her retirement. Molloy -- • Thanked Freas for her outstanding service to the City, i.e. 21 . years as City Clerk and 26 years as a City employee, and for her assistance to him, especially as a newly elected official. • Wished the A11- America City team success in their endeavors, and regardless of the outcome, they had made an incredible effort. KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 16 Boyle -- Wished the All- America City team good luck. EXECUTIVE SESSION -- Regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City: Pending or threatened litigation. MOTION: Council Member Marquis MOVED for the Council of the City of Kenai to convene in an executive session regarding matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City: Pending or threatened litigation. City Attorney Stearns and City Manager Koch were requested to attend. Council Member Bookey SECONDED the motion. VOTE: Marquis Yes Molloy Yes Boyle tYes Porter Yes Moore Absent Gabriel Absent Bookey Yes j MOTION PASSED UNANIMOUSLY. CONVENED TO EXECUTIVE SESSION: 8:44 P.M. BACK TO ORDER: 9:25 P.M. Council Member Marquis reported the Council met in an executive session with City Attorney Stearns and City Manager Koch and directed the City Attorney on potential pending litigation. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 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: At its May 18, 2011 meeting, the City Council postponed Ordinance No. 2546 until the August 17, 2011 Council meeting for an additional public hearing at that meeting and referred the ordinance to the Planning & Zoning Commission with directions to schedule and to hold one or more work sessions, schedule a public hearing, and return the ordinance to Council, with its recommendations, for the August 17 meeting. Administration was also directed to send notice cards to all property owners of the City to inform them of the work session(s) and public hearing. The motion to adopt is active.) KENAI CITY COUNCIL MEETING JUNE 1, 2011 PAGE 17 ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:26 p.m. Minutes submitted by: Carol L. Freas, City Clerk G / /Arr COUNCIL ROVM Ly CUNC L PATE