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Home My WebLink About2015-07-01 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 1, 2015 — 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on July 1, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:OOp.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Robert Molloy Brian Gabriel Terry Bookey A quorum was present. Also in attendance were: Rick Koch, City Manager Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Henry Knackstedt Tim Navarre Ryan Marquis Mayor Porter noted the following requested revisions /additions to the agenda /packet: Remove from Consent F.1 Agenda • Consideration of Actions Related to Commercial Marijuana Legalization. Add to item F.1 Consideration of Actions Related to Commercial Marijuana Legalization. • Memorandum and Supporting Material MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Bookey MOVED to approve the consent agenda and requested UNANIMOUS CONSENT; Gabriel SECONDED the motion. Mayor Porter opened public comment for items on the consent agenda; there being no one wishing to be heard, the public comment was closed. VOTE: There being no objections, SO ORDERED. '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. B. SCHEDULED PUBLIC COMMENTS Arni Thomson, Alaska Salmon Alliance — The Economic Impact of the Seafood Industry in South Central Alaska, Prepared by the McDowell Group. Arni Thomson, Executive Director of Alaska Salmon Alliance, gave an overview of the Alaska Salmon Alliance, explained the Alliance commissioned McDowell Group to analyze the economic impact of the commercial seafood industry in Southcentral Alaska, and provided some labor statistics and financial impacts that were found. C. UNSCHEDULED PUBLIC COMMENTS Fred Braun spoke in favor of the City selling Lot 1, Block 1, Gusty Subdivision, the subject of one of two unsolicited offers to purchase; explained that the offer price was the recently appraised value. Jennifer Showalter Yeoman gave an update from the Keanitze Tribe; explained the Denai'na Wellness Center was hiring more staff; the Tribal Court building was moved; the elder center was being rebuilt; the youth were traveling to Washington DC to be part of a youth government. Cory Roram of Green Rush Events explained his club was being targeted by the State as being illegal; wanted the Council to be able to put a face to a name. D. PUBLIC HEARINGS Ordinance No. 2838 -2015 — Declaring that T 5N R 11 W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai, Lot 1, Block 9, Kenai, Alaska, also known as 1109 Garden Avenue, Kenai, Alaska, whose Last Record Owner Under Borough Assessment Records was C/O Alice Tumsuden, Homer H Tumsuden, whose Address City of Kenai Council Meeting Page 2 of 8 July 1, 2015 is, 3634 NE 46th Avenue, Portland, Oregon, 97213 -1028, Shall be Retained by the City of Kenai for a Public Purpose. [Clerk's Note: At its June 17" meeting, Council postponed Ordinance No. 2838 -2015 to the July 1st meeting. A motion to enact is on the floor.] MOTION TO AMEND: Council Member Molloy MOVED to amend by inserting the date of June 25, 2015 into the blank in the sixth whereas clause; the motion was SECONDED by Knackstedt. VOTE ON THE AMENDMENT: YEA: Porter, Gabriel, Knackstedt, Molloy, Navarre, Bookey NAY: Marquis VOTE ON THE MAIN MOTION: YEA: Porter, Gabriel, Knackstedt, Molloy, Navarre NAY: Marquis, Bookey MOTION PASSED. 2. Ordinance No. 2840 -2015 — Appropriating Transfers for FY2016 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Cemetery Improvements Capital Project Fund. MOTION: Council Member Gabriel MOVED to enact Ordinance No. 2840 -2015; the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 2841 -2015 — Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed Through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2841 -2015; the motion was SECONDED by Council Member Gabriel. City of Kenai Council Meeting Page 3 of 8 July 1, 2015 Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2842 -2015 — Accepting and Appropriating Donations Received for the Municipal Park Playground Improvements Project. MOTION: Council Member Marquis MOVED to enact Ordinance No. 2842 -2015; the motion was SECONDED by Council Member Molloy. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. The Mayor was thanked for her donation. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the fifth whereas clause to read: "WHEREAS, $500 of additional donations were received from Mayor Pat Porter and husband Larry Porter; and $250 from a donor who wishes to remain anonymous; and "; the motion was SECONDED by Council Member Navarre and UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections; SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2015 -43 — Awarding an Agreement for North and South Beach Portable Restrooms and Dumpsters for the 2015 Dip Net Fishery. MOTION: Council Member Marquis MOVED to adopt Resolution No. 2015 -43 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Administration explained that the amount was similar to the costs in 2014. City of Kenai Council Meeting Page 4 of 8 July 1, 2015 VOTE: There being no objections; SO ORDERED. E. MINUTES 1. *Regular Meeting of June 17, 2015 2. *Work Session of June 16, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Discussion /Action — Consideration of Actions Items Related to Commercial Marijuana Legalization. After discussion on scope and level of education on the topic, Council members informally answered questions regarding the commercial legalization of marijuana in the City to give the Planning & Zoning Commission direction for moving forward. G. NEW BUSINESS 1. *Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. *Action /Approval — Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2843 -2015 — Amending and Renaming Kenai Municipal Code 18.05.080 -Water and Mud from Vehicle, to Allow for Washing of Vehicles in a Manner which Allows for Fluid to Drain onto Public Improvements in an Environmentally Responsible Manner. Introduced on the consent agenda and public hearing set on July 15, 2015. 4. *Ordinance No. 2844 -2015 — Retroactively Appropriating Reimbursement Funds to be Received for Support of Card Street Fire Suppression Efforts. Introduced on the consent agenda and public hearing set on July 15, 2015 5. Action /Approval — Confirmation of the Mayor's Nomination of Patrick "Jack" Focose to the Planning & Zoning Commission. MOTION: Council Member Bookey MOVED to confirm the Mayor's nomination of Patrick "Jack" Focose to the Planning & Zoning Commission; the motion was SECONDED by Marquis. VOTE: YEA: Molloy, Navarre Gabriel Knackstedt Bookey, Porter Marquis City of Kenai Council Meeting Page 5 of 8 July 1, 2015 .m MOTION PASSED UNANIMOUSLY. 1. Council on Aging — next meeting 7/9. 2. Airport Commission — work session 7/9. 3. Harbor Commission — 7/6 meeting cancelled; next meeting 8/10. 4. Parks and Recreation Commission — no report. 5. Planning and Zoning Commission — met in a joint work session with the Airport Commission on 6/23 to consider rezoning airport lands. Also met in a work session on 6/24 to consider membership qualifications for Planning & Zoning Commissioners. During the regular meeting on 6/24 the Commission granted a variance for a side yard setback. 6. Beautification Committee — no report. 7. Mini -Grant Steering Committee — no report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Met with Senator Dan Sullivan regarding local issues; Alaska LNG. • Attended Cook Inlet Drifters; looking forward to good fishing season. • Chamber Awards Banquet; many good recipients. • Attended Frontier Baseball game; threw a pitch. • Municipal Park construction almost finished. • Announced intent for introducing an ordinance for a moratorium on new marijuana establishments until the State has enacted regulations. J. ADMINISTRATION REPORTS City Manager reported on the following: • Two unsolicited offers to purchase airport property; conclusion — it was not in the best interest of the Airport or the City to sell the properties. • Legislature passed Capital Budget; included Kenai projects. • Preparing for personal use fishery; installing no -wake zone and State enforcement will be down. • South Spruce will have new traffic pattern; fee shack and traffic control; passes will be issued. • Provided an estimate on loss of sales tax revenue in the event the initiative to repeal sales tax on non - prepared food items was passed by the voters; $1.2 million annually, equivalent to 1.5 mills property tax. 2. City Attorney — no report. City of Kenai Council Meeting Page 6 of 8 July 1, 2015 3. City Clerk — provided a recap of initiative and referendum petitions circulating; one to provide for term limits, one to repeal sales tax on non - prepared food items; explained number of signatures needed and the deadline for submission. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Duane Bannock with Shillings Rentals spoke in favor of being given an opportunity to present the unsolicited offer (the `other" unsolicited offer) to City Council and why it makes sense to sell the property. 2. Council Comments Councilor Navarre wished all a happy 41" of July. Vice Mayor Gabriel hoped to see all at the parade. Council Member Marquis welcomed Focose to the Planning & Zoning Commission; thanked Jennifer Showalter Yeoman for her report on the Kenaitze Tribe; gave kudos to Soldotna for their Wednesday evening music events. Councilor Molloy thanked those that spoke and thanked Focose for willingness to serve on the Planning & Zoning Commission. Mayor Porter wished America a happy birthday and thanked those that sacrificed to give us a great country. L. EXECUTIVE SESSION 1. To Discuss the Purchase of Lands and other Improvements from ARK Properties, LLC to Facilitate Construction of an Access Road to the Beach Near the South Side of the Mouth of the Kenai River, a Matter that the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the City [AS 44.62. 10 (c)(1)]. MOTION: Council Member Gabriel MOVED to convene in executive session Regarding the Purchase of Lands and other Improvements from ARK Properties, LLC to Facilitate Construction of an Access Road to the Beach Near the South Side of the Mouth of the Kenai River, a Matter that the Immediate Knowledge of which would Clearly have an Adverse Effect upon the Finances of the City [AS 44.62.10 (c)(1)]. Council Member Bookey SECONDED the motion. Availability of the City Manager and City Clerk was requested. VOTE: YEA: Molloy, Porter, Knackstedt, Navarre, Gabriel, Bookey NAY: Marquis City of Kenai Council Meeting Page 7 of 8 July 1, 2015 MOTION PASSED. Council reconvened in open session. It was explained that executive session was called the to discuss the purchase of lands and other improvements from ARK Properties, LLC to facilitate Construction of an Access Road to the Beach Near the South Side of the Mouth of the Kenai River and that direction was provided to authorize the City Manager to continue negotiations for other properties to facilitate construction of a new access road to the South Beach. M. PENDING ITEMS 1. Resolution No. 2015 -12 — Supporting Alaska State Senate Bill 1, an Act Prohibiting Smoking in Certain Places; Relating to Education on the Smoking Prohibition. 2. Ordinance No. 2829 -2015 — Amending Kenai Municipal Code Section 1.90.030 — Qualifications, to Allow up to Two of the Seven Members of the Planning and Zoning Commission to be Non - Residents if They Either Own Property or a Business Located within the City and Making Other Housekeeping Changes. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:45p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of July 1, 2015. Sa d a digh, C City'—Clerk City of Kenai Council Meeting Page 8 of 8 July 1, 2015