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HomeMy WebLinkAbout2011-06-15 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 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.) 5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement *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. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown. 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. 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." 2. 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 3. 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. 4. 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 Unifoi Solar Energy Code and to Make Local Amendments to the Codes. 5. 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. 6. Resolution No. 2011 -47 -- Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What Improvements are to be Included in this Project. 7. Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project. 8. Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APEI) to Commence July 1, 2011 and End June 30, 2014. 9. Resolution No. 2011 -50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers Audio /Visual Equipment and Internet Camera System. ITEM E: MINUTES 1. *Regular Meeting of June 1, 2011. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2565 -2011 -- Amending the Kenai Municipal Code Title 14, Planning and Zoning, to Clarify What Rates, Charges, and Fees are Due as Set Forth in the City's Fee Schedule and Making Technical Changes and Corrections, Including Removing the Appeal Section for Encroachment Permits at KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290. 4. *Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program. *Ordinance No. 2567 -2011 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule. 6. *Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. 7. Action /Approval -- Vacation of Eadies Way, a 3 -Foot Public Right -of- Way Adjacent to the West Side of Lots 6 Through 8, Dedicated by Edgington Subdivision No. 1 (Plat KN 994), and Adjacent to the East Boundary of Lot 1, of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86) Within Section 31, Township 6 North, Range 11 West, Seward Meridian, Alaska and in the City of Kenai Within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai 8. Action /Approval -- Assignment and Assumption of Lease Agreement /From Decor Industries, Inc. and Inlet Industries, Inc. to Shilling Rentals -- Lots 1, 2 &, 4, Block 3, Cook Inlet Industrial Air Park (the Lease). 9. Discussion -- City Clerk Recruitment 10. Action /Approval -- Linda Murphy /ClerkWorks' Proposal for Project: City Clerk Recruitment. 11. Action /Approval -- Granicus, Inc. Service Agreement ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention & Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION -- None Scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 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 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 2011 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / (www.ci.kenai.ak.us VICE MAYOR MIKE BOYLE, PRESIDING ITEM A: CALL TO ORDER MINUTES Vice Mayor Boyle 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 Vice Mayor Boyle 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 (telephonically) Joe Moore Brian Gabriel Terry Bookey A quorum was present. A -3. AGENDA APPROVAL The following changes were requested: ADD TO: D-9, Resolution No. 2011.50 -- Request for postponement. ADD TO: G -9, Discussion /City Clerk Recruitment -- City Clerk Job Description ADD TO: H -6, Planning & Zoning Commission Report -- Liaison Report ADD TO: K -2, Council Member Comments MOVE: A -5 to be heard after B -1. MOTION: Council Member Molloy MOVED for approval of the agenda as amended with the additions to the packet as requested. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 2 A -4. CONSENT AGENDA MOTION: Council Member Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. VOTE: There were no objections. SO ORDERED. A -5. Appreciation of Carol L. Freas, Kenai City Clerk, On Retirement Heard after Item B -1. Vice Mayor Boyle introduced Miriam Freas and children, Emma and Ben Morgan present in the audience and Bess Freas and son, Keenen Carlyle who were present via the Internet. MOTION: Council Member Molloy MOVED to all the reading of letters of appreciation to the City Clerk prior to the proclamation and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. Hal Smalley, 105 Linwood Lane, Kenai -- Read a letter of appreciation from Kenai Peninsula Borough Clerk Johni Blankenship. Smalley added, it was a true loss for the City, but a great gain for Carol to have more free time. Council Member Joe Moore -- Read a letter of appreciation from Teresa Fahning, City Clerk, City of Soldotna. Vice Mayor Mike Boyle -- Read into the record a Proclamation honoring City Clerk Carol Freas and proclaiming June 29, 2011 as "Carol Freas Day" in the City of Kenai and presented her with a retirement gift from the Council. BREAK TAKEN: 7:20 P.M. BACK TO ORDER: 7:48 P.M. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 minutes per speaker) KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 3 B -1. Janice Chumley /Michelle Martin -- Alaska Weed Awareness Week and the First Annual Kenai Weed Smackdown. Janice Chumley /Michelle Martin -- Distributed information and discussed Alaska Weed Awareness Week, the First Annual Kenai Weed Smackdown, and invited all to participate in the Weed Smackdown to be held on Saturday, June 25, 2011. ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) Linda Swarner, 298 Rogers Road, Kenai -- Thanked Freas for her years of service; noted Freas would be difficult to replace; and, was on the Council who hired Freas and it had been a pleasure to work with her. Swarner also noted she was the Executive Director of the Kenai Peninsula Food Bank and thanked Council for its support and announced the ribbon cutting for the new building scheduled for July 20, 2011 and the Annual Soup Supper to be held on August 27, 2011. Susan Smalley, 105 Linwood Lane, Kenai -- Reported she and Freas had been friends for more than 30 years; complimented Freas on her supervising City elections which she did with grace and efficiency; and, her grace - filled assistance to the public with cemetery concerns. Hal Smalley, 105 Linwood Lane, Kenai -- Stated his pleasure in reading Ms. Blankenship's letter; noted he worked with Freas during the years; believed it would be difficult to fill her shoes; thanked Freas for all of her efforts over the years and wished her well. Sal Mattero, 1315 Chinook Drive, Kenai -- Congratulated Freas on behalf of the Friends and presented the City a check in the amount of $40,000 toward the library expansion project. John J. Williams, Candlelight Drive, Kenai -- Stated he owed his success as Mayor of the City to his wife Sharon, City Clerk Freas, and the Councils and complimented Freas for the keeping of accurate City records, as well as having many other talents. Betsy Arbelovsky, 36753 Chinulna Drive, Kenai -- Noted her history of knowing Freas, but especially appreciated her assistance in absentee voting while she and her husband lived overseas. Tim Navarre, P.O. Box 92, Kenai -- Stated his appreciation of Freas; felt she was irreplaceable; and, the City was thankful for her service. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 4 Johna Beech, P.O. Box 2258, Kenai -- Reported she was the incoming Executive Director of the Kenai Chamber of Commerce and thanked the City for its donation toward the costs of the Fourth of July Parade and "Christmas Comes to Kenai" fireworks. Bob Peters, Old Town, Kenai -- Stated he did not work with Freas, but pestered her and was always treated with respect and he would miss Freas. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:10 P.M. 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. 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." Council Member Molloy MOVED to enact Ordinance No. 2560 -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. Council comments included: • Discussion with the Code Enforcement Officer found she had concerns with the ordinance in its entirety and it was suggested the ordinance be postponed and sent to Administration for further review. • Concern the ordinance should go through Planning & Zoning Commission review first. • Support of the ordinance and noted Administration's memorandum included with it, recommending approval of the ordinance and did not raise any concerns with the ordinance. • Appreciation of comments provided and included in the packet identifying fiscal information and felt it would be better to address the ordinance through Title 12 instead of Title 14. • Agreement code enforcement was a Title 12 issue and not a Title 14 issue; in his memorandum (included in the packet) the City Manager supported the ordinance; appreciated the public comments included in the packet; and, the ordinance was not intended to be a revenue - raising ordinance. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle explained, as sponsor of the ordinance, he did not intend the ordinance to be a financial issue, it was a simple detail that would clean up the existing ordinance and he would not support forwarding the ordinance to the Planning & Zoning Commission for review. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 5 Additional comments included: • Suggested postponing the ordinance to have the Code Enforcement Officer review it and forward comments to Council. The gavel was returned to Vice Mayor Boyle. MOTION TO POSTPONE: Council Member Moore MOVED to postpone Ordinance No. 2560 -2011 no time certain, and send it to the Planning & Zoning Commission and Administration for review. Council Member Gabriel SECONDED the motion. It was noted, no time certain would essentially kill the motion and take it out of consideration of the Council. VOTE ON POSTPONEMENT: Marquis No Molloy No Boyle No Porter Yes Moore No Gabriel No Bookey No MOTION FAILED. MOTION TO POSTPONE: Council Member Moore MOVED to postpone Ordinance No. 2560 -2011 to the second meeting in July and in between, send it to the Planning & Zoning Commission for review. Council Member Gabriel SECONDED the motion. Comments included: • Felt no use to pass the ordinance immediately as fiscal information, as well as other input, would be valuable to have prior to consideration. • When referred discussion it would be difficult to limit the items presented or if additional items would be discussed. Additionally the Commission could recommend approval or disapproval, and could add other items to be considered. VOTE ON POSTPONEMENT: Marquis Yes Molloy No Boyle No Porter Yes . Moore Yes Gabriel 1 Yes Bookey No MOTION PASSED. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 6 D -2. MOTION: 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 Council Member Molloy MOVED to enact Ordinance No. 2561 -2011 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. Mark Schrag, 312 Princess Lane, Kenai -- Spoke in support of the ordinance identifying the MAPS rezone in 2009 as an example when, he believed, the City used public funds to influence against a citizen initiative. Chuck Winegarden, 309 Princess Lane, Kenai -- Spoke in support of the ordinance, noting it was a matter of trust and the Council represented all citizens of the City and should not be involved in influencing the outcome of an election. Karen Koester, 845 Setnet Drive, Kenai -- Spoke in opposition to the ordinance. With no one else wishing to speak, the public hearing was closed. Council comments included: • The Council should have a resource available for its use. • There could be unintended consequences and passage of the ordinance would tie the Council's hands. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle stated the ordinance was developed to disallow Council to take a stand on a citizen's initiative until a ballot vote would be taken. Molloy returned the gavel to Boyle. Discussion followed with comments including: • Support of the ordinance. • Exceptions were included in the ordinance, i.e. statewide elections, non- partisan educational communications and activities, advertising the date, time, place of an election, etc. • Reference to the City Manager's memorandum (included in the packet) which noted the Alaska Public Offices Commission's (APOC) definition of expending public funds. • Belief the proposed ordinance had no validity. • The memorandum referred to only one section of the statute. • Passage of the ordinance could circumvent the City's ability to put out factual information to voters. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 7 • Belief the statute reference used in the memorandum was not clear and suggestion an opinion could be requested from APOC. MOTION /CALL FOR THE QUESTION: Council Member Moore MOVED to call for the question and Council Member Gabriel SECONDED the motion. VOTE: Mar•uis No Mollo - Bo le No Porter Yes Moore - -,I_ Gabriel Yes Booke No MOTION FAILED (two /third vote required). MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2561 -2011 to the second meeting in August and direct City Attorney Stearns to obtain a second opinion from the Alaska Public Offices Commission in the matter of educational information. Council Member Bookey SECONDED the motion. It was noted, it was unknown if the second opinion could be received from the APOC by the second meeting in August. VOTE ON POSTPONEMENT: Marquis ■ No Molloy Yes Boyle Yes Porter No Moore No Gabriel No Bookey Yes No MOTION FAILED. VOTE ON MAIN MOTION: Marquis No Molloy Yes Boyle Yes Porter No Moore No Gabriel No Bookey No MOTION FAILED. D -3. 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 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 8 Partially- Completed Nominating Petition Including Information of the Candidate's Name, Address, and Office Sought, Before Circulating the Petition for Signature. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2562 -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. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle stated, it had been perceived that someone wishing to run for City office must register to take out candidate packets, including petitions from the City Clerk. The ordinance, if passed, would allow someone to collect signatures and declare candidacy without first filing with the Clerk. City Attorney Stearns and City Clerk Freas reviewed historical background of the ordinance. Information now provided only through the Clerk's office could be placed online for downloading, including APOC forms, the City's financial disclosure form, etc. Question of what the ordinance was trying to facilitate. Explanation provided from Boyle was that a person could collect signatures on a petition without first taking the petition out from the Clerk. Discussion followed with comments including • Election packets could be provided on the City's webpage. • Interpretation of the Code by the City Attorney was the current Code did not require someone to physically be present to take out petitions. • The step of having to pre -file with the Clerk would be eliminated with the passage of Ordinance No. 2562 -2011. • Petition forms would continue to require the date when a voter signed the petition and the declaration of candidacy. • Petition packets could be requested by mail, including electronically, and be forwarded to the proposed candidate by the Clerk. • Support of the suggestion of placing a question on a ballot to eliminate the requirement for a petition in order to make it easier for people to run for office. Council Member Molloy returned the gavel to Vice Mayor Boyle. VOTE: Marquis Yes Molloy Yes Boyle Yes Porter No Moore No Gabriel Yes Bookey Yes KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 9 MOTION PASSED. D -4. 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. MOTION: Council Member Marquis MOVED for adoption of Ordinance No. 2563 -2011 and Council Member Gabriel 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: Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Gabriel Yes Bookey Yes MOTION PASSED UNANIMOUSLY. D -5. MOTION: 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. Council Member Molloy MOVED for adoption of Ordinance No. 2564 -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. Council comments included: • Did not support as written; did not believe City collected secret information; felt the ordinance spoke directly to code enforcement; and, the ordinance, as written, could cause law enforcement to take up code enforcement. • The ordinance was too broad and burdensome. • Suggestion to refer the ordinance to the City Manager and Code Enforcement Officer and narrow it to just code enforcement, defining code KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 10 enforcement, and adding a boiler plate letter to send out when contacting property owners about code enforcement issues. • Suggestion made to defeat the ordinance and direct Administration to add a boiler plate letter when contacting property owners. Vice Mayor Boyle passed the gavel to Council Member Molloy. Boyle explained, the ordinance was not about a collection of information from the public domain; felt it would be a common courtesy to contain the property owner if information was being collected; and, it collection of information on property owners (with regard to code enforcement issues) was being done and was why he brought the ordinance forward. MOTION TO AMEND: Council Member Marquis MOVED to amend Ordinance No. 2564 -2011 by deleting the second whereas clause and Council Member Bookey SECONDED the motion. VOTE ON AMENDMENT: Marquis Yes Molloy Yes Boyle Yes Porter Yes Moore 1 Yes Gabriel Yes Bookey Yes MOTION PASSED UNANIMOUSLY. Discussion continued: • Would see a value in narrowing the ordinance to real property and to the area of code enforcement; did not believe a lot of staff time would be needed; and, thought it would be valuable to have the Code Enforcement Officer and City Manager review the ordinance and provide feedback to the Council. MOTION TO POSTPONE: Council Member Molloy MOVED to postpone Ordinance No. 2564 -2011 to the second meeting in August with the direction for the Code Enforcement Officer, Planner, and City Manager to review the code enforcement aspect of the ordinance relative to real property. Council Member Marquis SECONDED the motion. Comments included: • A simple letter to property owners identifying out -of- compliance issues would be helpful. • Postponement would serve no one well and suggested defeating the ordinance and bring forward a new ordinance. VOTE ON POSTPONMENT: Marquis Yes Molloy Yes Boyle Yes Porter No Moore No Gabriel No KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 11 Bookey Yes MOTION PASSED. D -6. Resolution No. 2011 -47 -- Directing the Continuation of the Project Entitled "James Street Special Assessment District" and Designating What Improvements are to be Included in this Project. MOTION: Council Member Moore MOVED for adoption of Resolution No. 2011 -47 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Council Member Marquis objected to the request for unanimous consent. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: • The resolution spoke to a gravel project and Resolution No. 2011 -48 spoke to an asphalt project. • The City would be better served with moving forward with a paving project. • Property owners would be responsible for 100% of the gravel project. Property owners would share the cost of the asphalt project with the City at a 50/50 share. VOTE: Marquis No Molloy No Boyle No Porter No Moore No Gabriel No Bookey No MOTION UNANIMOUSLY FAILED. D -7. MOTION: Resolution No. 2011 -48 -- Directing the Continuation of the Project Entitled "James Street and Kiana Lane Special Assessment District" and Designating What Improvements are to be Included in this Project. Council Member Marquis MOVED for the adoption of Resolution No. 2011 -48 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 15, 2011 PAGE 12 VOTE: There were no objections. SO ORDERED. D -8. Resolution No. 2011 -49 -- Authorizing the city Manager to Enter Into a Three -Year Agreement for Insurance Coverage with Alaska Public Entity Insurance (APEI) to Commence July 1, 2011 and End June 30, 2014. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2011 -49 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 -9. Resolution No. 2011 -50 -- Authorizing a Budget Transfer Within the General Fund to Redirect An Amount Previously Appropriated for An Alternative Energy Project to Upgrade the City Council Chambers Audio /Visual Equipment and Internet Camera System. MOTION: Council Member Moore MOVED for approval of Resolution No. 2011 -50. The motion failed due to lack of a second. ITEM E: MINUTES E -1. *Regular Meeting of June 1, 2011 -- Approved by consent agenda. ITEM F: UNFINISHED BUSINESS -- None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Bookey MOVED to ratify the bills. Council Member Marquis SECONDED the motion and requested UNANIMOUS CONSENT. VOTE: KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 13 There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 Council Member Bookey MOVED for approval of the purchase orders exceeding 515,000 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2565 -2011 -- Amending the Kenai Municipal Code Title 14, Planning and Zoning, to Clarify What Rates, Charges, and Fees are Due as Set Forth in the City's Fee Schedule and Making Technical Changes and Corrections, Including Removing the Appeal Section for Encroachment Permits at KMC 14.20.185, to Clarify that Appeals are Subject to the Process in KMC 14.20.290. Introduction approved through the approval of the consent agenda. G -4. *Ordinance No. 2566 -2011 -- Increasing Estimated Revenues and Appropriations in the General Fund and in the Senior Citizens Fund for the Purchase of a New Meals -On- Wheels Delivery Van Utilizing the State of Alaska Fleet Purchasing Program Introduction approved through the approval of the consent agenda. G -5. *Ordinance No. 2567 -2011 -- Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel" Including, 23.50.010 Entitled, "Employee Classification "; and, 23.55 Fiscal Year 2012 Operating Budget Salary Schedule. Introduction approved through the approval of the consent agenda. G -6. *Ordinance No. 2568 -2011 -- Increasing General Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted Amounts to be Effective June 30, 2011. Introduction approved through the approval of the consent agenda. G -7. Action /Approval -- Vacation of Eadies Way, a 3 -Foot Public Right -of- Way Adjacent to the West Side of Lots 6 Through 8, Dedicated by Edgington Subdivision No. 1 (Plat KN 994), and Adjacent to the East Boundary of Lot 1, of D.E. Oehler Subdivision No. 2 (Plat KN 92 -86) Within Section 31, Township 6 North, Range 11 West, Seward Meridian, KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 14 Alaska and in the City of Kenai Within the Kenai Peninsula Borough; KPB File 2011 -040; Location: City of Kenai. There were no objections stated by the Council with regard to the Vacation of Eadies Way. G -8. Action /Approval -- Assignment and Assumption of Lease Agreement /From Decor Industries, Inc. and Inlet Industries, Inc. to Shilling Rentals -- Lots 1, 2 & 4, Block 3, Cook Inlet Industrial Air Park (the Lease). MOTION: Council Member Molloy MOVED to approve the Assignment and Assumption of Lease Agreement from Decor Industries, Inc. and Inlet Industries, Inc. to Shilling Rentals, Lots 1, 2, & 4, Block 3, Cook Inlet Industrial Air Park and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. Comments included: • It was not believed the property was within the Airport Reserve. • The Airport Commission did not review or provide a recommendation with regard to the assignment of the property. VOTE: There were no objections. SO ORDERED. G-9. Discussion -- City Clerk Recruitment With the resignation of the City Clerk, Council discussed compensation and division of responsibilities with regard to the Deputy Clerk position. Comments included: • Recommendation made to discuss compensation at the July 6, 2011 Council meeting. • The subcommittee of Council wanted to discuss compensation for the Acting City Clerk with the Acting City Manager and requested approval of the Council to do that. • Request the Deputy City Clerk be made available full time the last week of the month with Ms. Murphy and City Clerk Freas which could be addressed by the subcommittee; after July 1, a division of responsibilities should take place that during the Clerk vacancy, the Deputy Clerk become full -time in the Clerk's Department with no further duties in the Finance Department; and, the Deputy City Clerk be considered an employee of the Council during the vacancy period and the subcommittee discuss that and make a recommendation. • Having the Deputy City Clerk become full time in the Clerks Department (during the vacancy) would have an impact on Administration because the position held by the Deputy Clerk was split between the Finance Department and City Clerks Department. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 15 Did not want Council to get in the way of Administration decisions with regard to the split time position and did not believe the issue would need to come back to Council for approval. KMC 1.25030(c) provides for a Deputy City Clerk to be paid the City Clerk's salary when the City Clerk is out of the office for more than five days. The issues noted above would be discussed by the subcommittee of the Council and brought back to Council at the July 6, 2011 meeting. G -10. Action /Approval -- Linda Murphy /ClerkWorks' Proposal for Project: City Clerk Recruitment. Council Member Bookey MOVED to approve the proposal submitted by Linda Murphy, ClerkWorks for City Clerk recruitment and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There were no objections. SO ORDERED. MOTION: Council Member Molloy MOVED to approve the City Clerk job description and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion. VOTE: There were no objections. SO ORDERED. G -11. Action /Approval -- Granicus, Inc. Service Agreement MOTION: Council Member Bookey MOVED to approve the Granicus, Inc. Service Agreement and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. A brief clarification was made that the agreement would provide streaming, archiving and indexing of unlimited meetings of the Council and Planning & Zoning Commission meetings, including work sessions, town hall meetings, etc. There would be extra cost, however for additional commission meetings to be archived and indexed. Thanks was offered to Council Member Molloy, former Student Representative Les Krusen, Council Member Swarner, City Manager Koch, and City Clerk Freas for their foresight, input and assistance with the streaming project as it had become very popular. VOTE: KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 16 There were no objections. SO ORDERED. ITEM 11: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging -- Vice Mayor Boyle gave a brief report of discussions held and actions taken at the June 9, 2011 meeting, including plans for the Fourth of July Pie Booth and the July 21 celebration of the Center's 40th anniversary. H -2. Airport Commission -- Council Member Marquis reviewed discussions held and actions taken by the Commission at its June 9, 2011 meeting, including the proposed industrial park, draft airport directory, and review of its goals and objectives. H -3. Harbor Commission -- Council Member Molloy reviewed the June 6, 2011 meeting minutes which were included in the packet and noted discussion was held on Ordinance No. 2559-2011 that proposed free services at the City boat launch. Molloy reported he would bring forward a discussion item at a future Council meeting and would discuss with the City Manager the appropriate time when to do so. H -4. Library Commission -- Mayor Porter reported she attended the June 7 meeting for Council Member Marquis. She added, the meeting minutes were included in the packet. H -5. Parks & Recreation Commission -- Council Member Moore reported the next regular meeting would be held in August. H -6. Planning & Zoning Commission -- Council Member Molloy commented i ented on the following: • The joint City and Chamber public session was well attended and a very successful. • The work session held on the Comprehensive Plan Update. The session was held, but public comment was limited • The June 8, 2011 Commission meeting and the unapproved minutes which were included in the packet. • Reviewed the information added as a lay down at the beginning of the meeting regarding Council's direction to the Commission related to work sessions and public hearing on Council's Ordinance No. 2546 -2011 and expressed concerns the Council's direction was not forwarded to the Commission which caused some confusion. Miscellaneous Commissions and Committees H -7a. Beautification Committee -- No report. H -7b. Alaska Municipal League Report -- No report. H -7c. Mini -Grant Steering Committee -- No report. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 17 H -7d. Kenai Convention & Visitors Bureau -- No report. H -7e. Reports of KPB Assembly, Legislators and Councils -- No report. ITEM I: REPORT OF THE MAYOR -- Mayor Porter reported she had administered the Oath of Office to new police officers; attended the Business Group Comprehensive Plan Strategic Planning Session; proposed an amendment to the City Charter be brought forward for Council's consideration and perhaps placed on the fall ballot related to requiring submittals of petitions for a person to run for City office; and, noted the City of Kenai's presentation at the All- America City competition would be the first heard in the morning. Mayor Porter also thanked City Clerk Freas for her years of service to the City and stated she was a tremendous asset to the community. Mayor Porter ended her telephonic participation at approximately 10:24 p.m. ITEM J: ADMINISTRATION REPORTS J -1. City Manager -- Acting City Manager Eubank thanked the City Clerk for her years of dedication to the City and wished luck to the All- America City group in its endeavors. J -2. Attorney -- City Attorney Stearns wished luck to the All - America City group; offered grateful thanks to Freas for her assistance during her tenure at the City and wished her well in her retirement; and, announced a retirement party for Freas would be held on June 29 at the Kenai Senior Center. J -3. City Clerk -- City Clerk Freas thanked all who attended and their kind comments; noted her appreciation for the mayors and council members for whom she worked; thanked the Council for its very kind gift; applauded the extremely talented and dedicated employees with whom she worked over the years; thanked her family and friends for their support; and always, the citizens of the City. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment limited to 5 minutes per speaker) Chuck Winegarden, 309 Princess Lane, Kenai -- Reported his concerns with the notice sent to property owners within the City announcing the Planning & Zoning Commission's Comprehensive Plan Update work session and review of Ordinance No. 2546 -2011, i.e. that a work session was "tentatively" scheduled and the ordinance "may" be discussed. He added, he did not believe there was adequate public notice and was concerned no public comment was taken at the work session. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 18 Tim Navarre, P.O. Box 92, Kenai -- Stated his concerns with direction given to the Planning & Zoning Commission related to its review of Ordinance No. 2546 -2011; that it was bad practice for the Council to dictate when public hearings and work sessions need to be held; concerns with the process; and, suggested Council and the Commission have a joint work session to discuss the issues. Colleen Ward, 708 Magic Avenue, Kenai -- Thanked Freas for her years of service and assistance and her appreciation Freas had been consistently fair in working with residents of her neighborhood. She also stated concerns she had with the work session notice and that no public comments were taken; asked for clarification for the process for the future work sessions to be held on the Land Use Table asking whether public input would be allowed; requested for due process and that the public involvement be allowed; and, if the Commission needed clarification, provide it. Karen Koester, 845 Set Net Drive, Kenai -- Stated she was speaking as a Planning & Zoning Commissioner and felt there had been unnecessary restraints placed on the Commission with regard to its review of Ordinance No. 2546 -2011. Pat Falkenberg, 399 McCollum Drive, Kenai -- Stated her neighborhood had been trying to rezone its area since 1985; stated she had lost confidence; the residents of the neighborhood wanted their property to remain RR -1; and, stated it was time the Council and Administration make the residents' wishes a reality. Jeff Twait, 1808 Julieanna Drive, Kenai -- Requested clarification from Council if the Commission needed to address Ordinance No. 2546 -2011 by August 10; requested written clarification and the Commission would do as directed; and, felt zoning was a city-wide issue. Janine Espy, 403 McCollum Drive, Kenai -- Noted there was contention over Ordinance No. 2546 -2011; she clearly heard Council direct the Commission to hold work session(s) and /or public hearing(s) on the ordinance; it was evident the Commission did not receive the message; felt there was a breakdown in communication; requested due process; and, felt the postcard notice was offensive to her and the citizens of the City. K -2. Council Member Comments Molloy -- Referred to information he provided for inclusion in the packet; noted Ms. Falkenberg's comments from the June 8 Planning & Zoning Commission meeting; noted the Council's powers from the City Charter and Code; he planned to move the ordinance to a vote; and, he had confidence in the Commission and the Council. Marquis -- Thanked Freas for her dedication to the City and wished her well. Bookey -- Thanked Freas for her years of service and wished her well in her retirement. KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 19 Gabriel -- Thanked the Friends of the Library for its $40,000 donation to the library project; thanked Council Member Molloy for filling in for him at the Harbor Commission meeting; wished the All- America City group well in its endeavors; and thanked Freas for her years of service and dedication to the City. Moore -- Thanked Freas for her years of service to the City and wished her well in her retirement. Boyle -- Wished luck to the All- America City group; thanked the Friends for its donation; thanked the public for its comments; thanked Molloy for covering the Council on Aging meetings for him during his absence; thanked Freas for her dedication and service to the City; and, thanked the Council for allowing him to chair the meeting. EXECUTIVE SESSION -- None Scheduled. 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 art additional public hearing at that meeting and referred the ordinance to the Planning 85 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 There being no further business to come before the Council, the meeting was adjourned at approximately 11:20 p.m. Minutes submitted by: yam;., Carol L. Freas, City Clerk APPROVED WI CO 3 . C in C� }l (2- 0- v-ej., c ) crivra *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 KENAI CITY COUNCIL MEETING JUNE 15, 2011 PAGE 20 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.