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HomeMy WebLinkAbout2015-07-15 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JULY 15, 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 15, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 7:04p.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: "Hannah Drury Rick Koch, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Henry Knackstedt Tim Navarre (telephonic) Ryan Marquis Mayor Porter noted the following requested revisions /additions to the agenda /packet: Remove from Consent Agenda G.2 • Approval of Purchase Orders Add to Item D.1 Ordinance No. 2843 -2015 • Amendment Memorandum Add to item F.1 Ordinance No. 2829 -2015 • Correspondence in Opposition • Correspondence in Favor Add to Item G.7 Action /Approval — Directing the Planning & Zoning Commission to Draft Land Use Code etc. 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 with the removal of item G.3 and requested UNANIMOUS CONSENT; Molloy 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 - None C. UNSCHEDULED PUBLIC COMMENTS - None D. PUBLIC HEARINGS 1. 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, MOTION: Council Member Marquis MOVED to enact Ordinance No. 2843 -2015; the motion was SECONDED by Council Member Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. There was discussion regarding hydrocarbons getting flushed into the wastewater system and potential implications from Alaska Department of Transportation since they owned some of the wastewater systems used by the City. There was also discussion regarding the use of water only, City of Kenai Council Meeting Page 2 of 9 July 15, 2015 as water didn't fit into the category of being biodegradable, and the potential for excess mud and other substances to be deposited into the streets. MOTION TO AMEND: Council Member Knackstedt MOVED to amend section 2 by inserting "only water or," after the word "unless', and adding the sentence, "Any deposit of mud or other substances on any city improvement that impedes normal use or maintenance of such improvement is also specifically prohibited." The motion was SECONDED by Marquis. VOTE ON THE AMENDMENT: YEA: Porter, Marquis, Gabriel, Knackstedt, Molloy, Navarre, Bookey NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Bookey, Marquis NAY: Gabriel, Navarre "Student Representative Drury: YEA MOTION PASSED. 2. Ordinance No. 2844 -2015 —Retroactively Appropriating Reimbursement Funds to be Received for Support of Card Street Fire Suppression Efforts. MOTION: Council Member Bookey MOVED to enact Ordinance No. 2844 -2015; the motion was SECONDED by Council Member Gabriel. 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: *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of July 1, 2015 Minutes were approved by the consent agenda. City of Kenai Council Meeting Page 3 of 9 July 15, 2015 F. UNFINISHED BUSINESS 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. [Clerk's Note: At its June 3, 2015 meeting, Council amended Ordinance No. 2829 -2015 and referred it to the Planning & Zoning Commission for reconsideration, postponing it to the July 151 meeting. A motion to enact is on the floor.] Appreciation was expressed to the Planning & Zoning Commission for reviewing the ordinance a second time. There was discussion regarding business owners having a vested interest in the community, who would be verifying that an applicant owned controlling interest in a business, and who would monitor maintenance of controlling interest. Definition of non - resident, process, and what happens if a non - resident Commissioner were to sell their controlling interest in a business were other topics discussed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend subsection c by adding a second statement that reads, "This provision specifically does not create a designated seat for a non - resident." The motion was SECONDED by Council Member Gabriel. VOTE ON THE AMENDMENT: YEA: Porter, Gabriel, Knackstedt, Navarre, Marquis, Bookey, Molloy NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Council Member Molloy MOVED to amend subsection c by adding a statement at the end that reads, "An applicant who is a resident business owner has a priority for nomination and confirmation over an applicant who is a non - resident business owner." The motion was SECONDED by Council Member Bookey. It was explained that the effect of the motion would require the Mayor to nominate any resident applicants and Council would have to vote them down before the non - resident could be nominated. Council's ability to vote down a nomination, other communities allowing non- residents on their Planning & Zoning Commissions, and other Commissions in Kenai allowing for non - residents were other topics discussed. VOTE ON THE AMENDMENT: YEA: Marquis, Bookey, Molloy NAY: Porter, Navarre, Knackstedt, Gabriel "Student Representative Drury: NAY City of Kenai Council Meeting Page 4 of 9 July 15, 2015 MOTION FAILED. VOTE ON THE MAIN MOTION: YEA: Porter, Gabriel, Knackstedt, Navarre NAY: Marquis, Bookey, Molloy " *Student Representative Drury: NAY MOTION PASSED. G. 1. "Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. Action /Approval — Purchase Orders Exceeding $15,000. [Clerk's Note: This item was removed from the Consent Agenda at Approval of the Agenda.] MOTION: Council Member Molloy MOVED to approve by Purchase Orders Exceeding $15,000; the motion was SECONDED by Council Member Marquis who requested UNANIMOUS CONSENT. It was confirmed that the bid documents for the recreation center improvements would be going before the Parks & Recreation Commission. Administration explained that the improvements are to build a hallway to connect the cardio and weightlifting rooms so users would no longer have to go through the foyer and basketball court to get from one room to another. It was also confirmed that using the professional services account for sludge would be corrected administratively. VOTE: There being no objections, SO ORDERED. MOTION PASSED. [Clerk's Note: This item was removed from the Consent Agenda at Approval of the Consent Agenda.] 3. Ordinance No. 2845 -2015 — Imposing a Limited Moratorium on the Operations of Marijuana Establishments and /or Businesses within the City of Kenai. MOTION: Council Member Gabriel MOVED to introduce Ordinance No. 2845 -2015 and it was SECONDED by Council Member Navarre. Mayor Porter opened the floor for public comment. City of Kenai Council Meeting Page July 15, 2015 Corey Roram, owner of Green Rush Events spoke against introduction of the ordinance suggesting it is unknown what is being introduced and because of the lack of state regulations defining clubs as marijuana establishments, his business is one of the only businesses currently operating in the state and they have not provoked any problems. Josh Birde, co -owner of Green Rush Events spoke against introduction of the ordinance because it was unclear what was being limited and it seemed to be an attack on his business and pointed out that the people of Kenai would no longer have a legal place to consume. Mike Aday, spoke against introduction of the ordinance stating that if Green Rush Events were to be shut down, it would hurt the industry for musicians in Alaska. There being no one else wishing to be heard, the public comment was closed. During discussion it was pointed out that business owners were being penalized because the state is delaying creation of regulations; that no residents have contacted council members with concerns; lack of provisions in the ordinance providing information regarding items such as penalties, and that there are no specific regulations addressing a marijuana club. VOTE: YEA: Porter, Gabriel, Knackstedt, NAY: Molloy, Bookey, Marquis, Navarre * *Student Representative Drury: NAY MOTION FAILED. Council Member Navarre was excused from the meeting at 8:01 p.m. 4. *Ordinance No. 2846 -2015 — Increasing Estimated Revenues and Appropriations by $81,220 in the General Fund — Fire Department for an Assistance to Firefighter Grant from the Federal Emergency Management Agency. Introduced on the consent agenda and public hearing set on August 5, 2015. 5. *Ordinance No. 2847 -2015 — Retroactively Appropriating Additional State of Alaska Public Employees Retirement On- Behalf Funding for FY2015. Introduced on the consent agenda and public hearing set on August 5, 2015. 6. *Ordinance No. 2848 -2015 — Increasing Estimated Revenues and Appropriations in the Airport Fund and in the Airport Improvement Capital Project Fund for the 2016 Improved Airport Drainage Project. Introduced on the consent agenda and public hearing set on August 5, 2015. 7. Action /Approval — Directing the Planning & Zoning Commission to Draft Land Use Code Relating to Establishments and Businesses Engaged in the Sale, Cultivation, Manufacture, and Consumption of Marijuana within the City of Kenai. City of Kenai Council Meeting Page 6 of 9 July 15, 2015 Administration confirmed that they would provide a framework for a process for the Planning & Zoning Commission to work through to look at land use codes, but not provide specific direction other than what Council has provided. During discussion it was pointed out that zones already in code could be used as a foundation and any gaps could be considered by the Planning & Zoning Commission and advice could be provided to Council. It was also pointed out that it was premature to draft code and that creating new land uses would be a daunting task. r,qA6ytr6Jkq Council Member Molloy MOVED to direct the Planning & Zoning Commission to look at the five types of marijuana establishments and our existing zones and our land use table and provide advice for definitions and descriptions of the land uses and how they relate; the motion was SECONDED by Marquis. VOTE: YEA: Molloy, Gabriel, Knackstedt, Bookey, Porter, Marquis NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 8. Discussion /Action — Schedule Work Session for Unsolicited Offers to Purchase City Land. It was decided that those offering to purchase city land could present why they think they should be allowed to buy the land. MOTION: Council Member Knackstedt MOVED that the work session be to hear from public that have an opinion or are interested in purchasing city land, specifically airport land; the motion was SECONDED by Marquis. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. It was decided that the work session would be scheduled for September 14, 2015 at 6 p.m.. 9. Discussion /Action — Schedule a Work Session in August on Draft Ordinance on Purchasing Code. It was decided that the work session would be scheduled for August 17, 2015 at 6 p.m.. 10. Discussion — To Discuss a Project to Determine the Feasibility and Costs for the Phased Construction of a Park Facility, Including a Permanent Stage, Located on City Property in the Area Generally Describes as "Millennium Square." City of Kenai Council Meeting Page 7 of 9 July 15, 2015 There was discussion regarding forming an ad -hoc committee to look at the feasibility of developing infrastructure for events, including a stage. Several potential locations were discussed and it was recommended to not limit the study to a specific park. It was clarified that funds budgeted would be under the manager's control. I:1 1. Council on Aging — next meeting is August 13. 2. Airport Commission — held a work session to continue developing the long range development plan. 3. Harbor Commission — next meeting is August 10. 4. Parks and Recreation Commission — no report. 5. Planning and Zoning Commission — held a meeting on July 8. It was reported that the new commissioner was sworn in and the draft minutes, which were provided in the packet, were also reviewed. 6. Beautification Committee — no report. 7. Mini -Grant Steering Committee — no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Was happy with the turnout at the Fourth of July Parade. • Welcomed Alaska missionaries doing service work. • Attended a transportation meeting; looking into fixed transportation route. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Personal Use Fishery has begun and operations are working well. • Municipal Matching Grant request for Waste Water Treatment Plant is prepared and ready for submission. • Kenai Multi- Purpose Facility upgrades. • Commissioner of Revenue will be at the next Chamber of Commerce luncheon. • Governor will be at Industry Appreciation Day. 2. City Attorney — thanked the city manager for drafting the marijuana moratorium in his absence. 3. City Clerk — reported that there will be two councilor seats up for election in October and that declarations of candidacy will be available on August 1. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) —None City of Kenai Council Meeting Page 8 of 9 July 15, 2015 2. Council Comments Vice Mayor Gabriel was impressed with turn out at the Fourth of July parade and asked everyone to use extra caution and patience this weekend with the increase in the personal use fishery. Councilor Bookey noted that operations for the personal use fishery looked great, and thanked the Kenai Fire Department for helping during the Card Street fire in Sterling. Student Representative Drury reported on her basketball tournament. Council Member Marquis thanked his wife for 10 years of marriage. Councilor Knackstedt noted that he would be observing on the ground operations of the personal use fishery this year with the improvements. He also asked everyone fishing from boats in the personal use fishery to use caution and to make sure everyone has a life preserver. L. EXECUTIVE SESSION - None 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. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:17p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of July 15, 2015. "The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and 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. City of Kenai Council Meeting July 15, 2015