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Home My WebLink About2015-12-16 Council Packet KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 16, 2015 *** NEW MEETING TIME – 6:00 P.M. *** KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *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 (Public comment limited to ten (10) minutes per speaker) 1. Richard Page – Kenai Municipal Code Title 21, Chapter 21, Leasing of Airport Reserve Lands. 2. Johna Beech, President/COO of Kenai Chamber of Commerce & Visitor Center – Presentation of 3rd Quarter Kenai Visitor Center Report. ......... Pg. 5 3. Dollynda Phelps – “The Legal Cannabis Industry” a Visual Journey Presentation. 4. Charlotte Yamada – Bowling Alley Update. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2865-2015 – Amending Kenai Municipal Code Section 1.10.040 - Time of Regular Meeting, to Provide Procedures for Establishing, Canceling and Changing Meeting Dates. ............................................... Pg. 9 2. Ordinance No. 2866-2015 – Appropriating Transfers for FY2016 Budgeted Capital Projects in the Terminal Improvements Capital Project Fund and the Airport Improvements Capital Project Fund............................................ Pg. 13 3. Ordinance No. 2867-2015 – Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2016 Projected Expenditures. ......................................................................................... Pg. 17 4. Resolution No. 2015-67 – Establishing the 2016 Dates for Regular Meetings of the City Council. ................................................................................. Pg. 31 5. Resolution No. 2015-68 – Authorizing the Use of the Equipment Replacement Fund to Purchase a Water Truck for the Street Department and Awarding a Bid for its Purchase to Airport Equipment Rentals, Inc. ................................ Pg. 35 6. Resolution No. 2015-69– Amending Its Comprehensive Schedule Of Rates, Charges, And Fees To Incorporate Changes To Establish A Fee For Issuance Of Additional Or Replacement Entrance Access Devices At Vintage Pointe Manor. ................................................................................................... Pg. 37 7. Resolution No. 2015-70 – Consenting to the Vacation of a 10-Foot Public Utility Easement which is Set Forth on the Plat of Jaynes Subdivision Big Mikes Addition, which is Attached Hereto as Exhibit “A”. ................................. Pg. 41 E. MINUTES 1. *Work Session Summary of December 1, 2015 .....................................Pg. 51 2. *Regular Meeting of December 2, 2015 .................................................. Pg. 53 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 65 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 67 3. *Ordinance No. 2868-2015 – Establishing a Moratorium on Consumption of Marijuana and Marijuana Products in Marijuana Retail Establishments and Marijuana Clubs. .................................................................................... Pg. 69 4. *Ordinance No. 2869-2015 – Accepting and Appropriating Funds Received from Kenai Senior Connection for the Purchase of Software for the Kenai Senior Center. ....................................................................................... Pg. 75 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ............................................................................... Pg. 79 3. Harbor Commission 4. Parks and Recreation Commission ........................................................ Pg. 81 a. Kenai Outdoor Opportunity Location Committee ........................ Pg. 83 Kenai City Council Meeting Page 2 of 3 December 16, 2015 5. Planning and Zoning Commission ......................................................... Pg. 85 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager ...................................................................................... Pg. 89 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None M. PENDING ITEMS – None N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. Kenai City Council Meeting Page 3 of 3 December 16, 2015 [PAGE LEFT BLANK INTENTIONALLY] Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter 2015 Page 1 of 3 KVCC Walk in Visitor Count Month/Year # of Visitors July 2015 9,662 August 2015 9,269 September 2015 3,837 Total Visitor Count 22,768 *We were up 5,113 visitors from 2014 Official Kenai Guide Mailings Month/Year # of Guides July 2015 250 August 2015 0 September 2015 250 Total Guide Count 500 Official Kenai Guide Display Racks Location # of Guides Anchorage Distribution 6,090 Aspen – Kenai 0 Aspen – Soldotna 0 City Hall 35 IGA/Country Foods 160 Diamond M Ranch 0 Kenai Airport 710 Paradisos Restaurant 105 Quality Inn 20 Safeway – Kenai 300 Safeway – Soldotna 0 Soldotna Inn 0 Sportsmans Warehouse 430 Three Bears 165 Other 0 Total Guide Count 8,515 Page 5 of 101 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter 2015 Page 2 of 3 Website Traffic for www.visitkenai.com  Sessions (total number of sessions to the site)  Users (total number of unique users to the site)  Pageviews (total number of pages viewed on your site)  Pages per Session (average number of pages viewed per session)  Average Session Duration (average session length of all users)  Bounce Rate (percent of single-page sessions)  New Users (percent of total users who came the site for the first time) KCCVC will be updating www.visitkenai.com in early 2016 Page 6 of 101 Kenai Chamber of Commerce and Visitor Center Kenai Visitor and Cultural Center Report 3rd Quarter 2015 Page 3 of 3 Facility Rental/Community Usage July 2015 – September 2015 Alaska Oil & Gas Association Board Meeting AKLNG/Conoco Phillips Donuts with Senator Dan Sullivan Hilcorp Contractor Meetings Fugro Consultants Joint House & Senate Meeting Kenai Central High School Reunion Party Kenai Chamber Board Meetings Kenai Chamber Luncheons Kenai Chamber Annual Community Awards Luncheon Kenai Chapter of the Alliance Luncheons Kenai Historical Society General Membership Meetings Kenai Local Food Connection Kenai Peninsula Association of Realtors Kenai Peninsula Bed & Breakfast Board Meetings Kenai River Brown Bear Player Orientation Kenai River Marathon Kenai Saturday Market People Promoting Wellness Through Community Private Celebration of Life Premera Blue Cross & Blue Shield St Jude Medical Tesoro Tsalteshi Trails Association Mountain Bike Filmfest Twin City Raceway Board of Directors Meetings Twin City Raceway General Membership Meetings Page 7 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 8 of 101 Page 9 of 101 Page 10 of 101 Page 11 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 12 of 101 Page 13 of 101 Page 14 of 101 Page 15 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 16 of 101 Page 17 of 101 Page 18 of 101 Page 19 of 101 Page 20 of 101 Page 21 of 101 Page 22 of 101 Page 23 of 101 Page 24 of 101 Page 25 of 101 Page 26 of 101 Page 27 of 101 Page 28 of 101 Page 29 of 101 Page 30 of 101 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member Navarre CITY OF KENAI RESOLUTION NO. 2015-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING THE 2016 DATES FOR REGULAR MEETINGS OF THE CITY COUNCIL. WHEREAS, at the Regular Election of October 6, 2015, the voters of the City of Kenai approved Proposition No.2 amending the City’s Charter to allow for cancellation of meetings by the Mayor due to lack of a quorum or for an emergency, or by a majority of council members for any reason as long as at least twenty (20) regular meeting are held each calendar year and at least one each month; and, WHEREAS, it is in the best interest of the City for City Council to provide as much advance notification as possible to the public and administration of any cancelled meetings; and, WHEREAS, timely adopting a calendar of meeting dates for 2016, including any cancelled meetings, provides advance notice to the public and administration; and, WHEREAS, cancelling the second regular meeting of the City Council in July allows for the City administration to focus on administration of the personal use dip net fishery and recognizes that many residents are otherwise occupied during this busy time of year; and, WHEREAS, cancelling the second regular meeting of the City Council in November, allows for Council and administration to attend Alaska Municipal League conferences during this week; and, WHEREAS, cancelling the second regular meeting of the City Council in December, which falls close to the Christmas holiday during the 2016 Calendar year, recognizes that many Council Members, employees and residents may be traveling or on leave during this time; and, WHEREAS, cancelling one Regular Council Meeting in July, November and December, complies with the minimum standards for meeting requirements as provided in the City’s Charter and Proposition 2. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council of Kenai establishes the following Calendar of Meetings for the 2016 Calendar Year: Regular Meeting shall be held every first and second Wednesday of each month during 2016, except that there will not be a second meeting in July, November or December. Page 31 of 101 Resolution No. 2015-67 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. That this Calendar may be further amended by Council in compliance with the City Charter and Kenai Municipal Code. Section 3. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 2015. _______________________________________ PAT PORTER, MAYOR ATTEST: ______________________________________ Sandra Modigh, City Clerk Page 32 of 101 Page 33 of 101 Page 34 of 101 Page 35 of 101 Page 36 of 101 Page 37 of 101 Page 38 of 101 Page 39 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 40 of 101 Page 41 of 101 Page 42 of 101 Page 43 of 101 Page 44 of 101 Page 45 of 101 Page 46 of 101 Page 47 of 101 Page 48 of 101 Page 49 of 101 Page 50 of 101 KENAI CITY COUNCIL AND PLANNING & ZONING COMMISSION JOINT WORK SESSION DECEMBER 1, 2015 KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: P. Porter, R. Molloy, H. Knackstedt, B. Gabriel, T. Navarre, T. Bookey, M. Boyle, J. Twait, J. Glendening, D. Fikes, G. Pettey, K. Peterson, J. Focose Others present: City Manager R. Koch, City Attorney S. Bloom, City Planner M. Kelley, City Clerk S. Modigh and Chief of Police G. Sandahl Mayor Porter began the work session at approximately 6:00 p.m. City Attorney Bloom provided a presentation on the regulations in place by the state of Alaska Marijuana Control Board (MCB) noting adoption of the regulations were still a work in progress. Attorney Bloom noted the following timeline established by the MCB: • November 20, 2015 – regulations amended by the MCB and submitted to Department of Law for review and approval by Governor’s office. • February 24, 2016 – MCB accepting application and acting on them within 90 days. City must comment within 60 days of notice. • May 24, 2016 – initial commercial marijuana license expected to be awarded. Bloom recommended Council adopt legislation creating a moratorium until further guidance from the State was provided. Bloom reported the State to date created retail; cultivation-standard and limited; product manufacturing facility; testing facility; and no brokerage licenses. Licensing currently does not include marijuana clubs. Currently a licensee must be a registered voter and eligible for the Permeant Divined Fund. Bloom recommended 1000 feet from the property line buffer versus the 500 feet recommended by the Commission as outlined by the State’s regulations. He advised the City may limit the number of establishments as the State would not be addressing such. Bloom noted it was not in the best interest of the City to own a store as it’s still against Federal law and that it could affect the City obtaining Federal funding. City would need to have regulations in place prior to February otherwise the city would follow state regulations. City Manager Koch thanked the Commission for its efforts on bringing the legislation forward to Council. Koch recommended the moratorium be placed on marijuana clubs and being able to ingest on the premises after purchase. City Planner Matt Kelley provided a presentation on Resolution No. PZ15-30 – Commercial Marijuana Establishments amending KMC 14.20.230, 14.20.330 and 14.22.010 recommended to Council by the Planning and Zoning Commission. It was reported that the Commission conducted several work sessions and public hearing while drafting and finalizing the Resolution. The Commission adopted legislation allowing both a marijuana cultivation facility, indoor standard and Page 51 of 101 Kenai City Council Work Session December 1, 2015 Page 2 an indoor limited to cultivate and grow marijuana in specific zoned area’s within the City through the conditional use permit process. Lot sizes are to be at least 40,000 square feet or greater in size for and commercial marijuana establishments. It was further recommended that commercial marijuana establishments were prohibited under home occupation to preserve character, health and safety of neighborhoods. City Planner Kelley highlighted areas where the Commission differed from the State’s proposed regulations noting the Commission decided to make the definition of “marijuana cultivation facility, indoor standard” more stringent and to prohibit commercial outdoor cultivation. Lee Fable, Chair of the Borough Marijuana Task Force noted that he was aware of individuals who have been investing money in this industry and how the City’s guidelines are recommended prohibit areas of the industry. Advised that this is a rigorous state application process and would like for the community to allow establishments within the business area. A local bookstore owner advised there are business within the City that are already working towards local marijuana business; recommended Council prohibit an establishment within the mini malls and requested to have the establishments as stand-alone. Dallynda Phelps spoke in opposition of creating more strict regulations than the State has; recommended the City embrace a legal marijuana. Patricia Patterson brought in smoking accessories from her local store stating “marijuana accessories” have not properly been defined and recommended the term be removed from the local regulations. Brian Olsen, Poppy Lane, thanked the Commission and Council for its efforts on this topic. He advised he was first opposed years back but has since educated himself. He noted the process is more regulated than the alcohol permit application and he believed in the capitalistic approach; spoke in favor of competition and would like to see the City’s regulations more in line with the State’s regulations. City Attorney Bloom recommended that the City focus on the adverse effects of the marijuana industry and that he didn’t think that it was out of the norm for municipalities to prohibit establishments within the downtown area. The Commission advised they recommended the conditional use permit process to have more control over the industry within the City and that it was also a compromise for those Commissioners who were completely opposed to this industry within city limits. Additionally, those who provided public testimony requested a more public process with sufficient notification. Council thanked the Commission and Administration for its efforts on the proposed legislation. The work session was adjourned at 8:40 p.m. Notes prepared by: _______________________________ Sandra Modigh, CMC City Clerk Page 52 of 101 KENAI CITY COUNCIL – REGULAR MEETING DECEMBER 2, 2015 – 6:00 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 December 2, 2015, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Robert Molloy Brian Gabriel, Vice Mayor Terry Bookey (telephonic) Mike Boyle Tim Navarre A quorum was present. Also in attendance were: Gus Sandahl, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Mayor Porter noted the following requested revisions/additions to the agenda/packet: Remove from D.6 Public Hearings Resolution No. 2015-67 – Awarding an Agreement for Construction of Vintage Pointe Heating Control Upgrades. Add to Item D. 1 Ordinance No. 2863-2015 • Amendment Memo • Amendment Memo Add to Item D. 2 Ordinance No. 2864-2015 Page 53 of 101 • Amendment Memo Add to Item G. 2 Purchase Orders Exceeding $15,000 • Supporting Memo MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Gabriel MOVED to approve the consent agenda; Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. 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 1. Charlie Yamada – Resurrection of the Community Bowling Alley Charlie Yamada spoke in favor of keeping the bowling alley as a bowling alley facility and explained she had been researching what it would take to get the doors back open. She noted maintenance issues requiring repair and other expenses to be incurred in order to upgrade the bowling alley including carpeting, lighting, etc. She also advised that she was looking into a Small Business Administration loan and ways to obtain the 20% down payment. 2. Michelle Drew, BDO USA, LLP. – Fiscal Year 2015 Comprehensive Annual Financial Report Michelle Drew expressed gratitude to the Finance Department for the quality of the financial reports. She noted that there were no errors; the financial statements included all necessary disclosures; the assets were substantially the same as in 2014; and the City was well capitalized. She reported that Kenai received a “clean unmodified” audit report. Drew explained that the policy change adopted by the Government Accounting Standards Board, requiring the reporting of unfunded liability for pensions was a big change and that the City reported the lower of the two City of Kenai Council Meeting Page 2 of 11 December 2, 2015 Page 54 of 101 acceptable numbers as a special funding situation. She also explained that the State of Alaska Department of Law issued white paper asserting that the reporting is not a special funding situation. Drew noted that pensions was the first of the unfunded liability discussion; the next phase will be unfunded health care liability. C. UNSCHEDULED PUBLIC COMMENTS Shane Zimmerman spoke in favor of the bowling alley; is a member of the association. He noted the many scholarships offered and pointed out that more than just recreation could come from bowling. Shawnee Bruzinski, president of the Women’s Bowling Association, spoke in favor of the bowling alley. She noted the State Special Olympics Bowling Tournament was held on the peninsula each year and was another value to the bowling alley. Kathy Waterbury spoke in favor of the bowling alley; she noted many scholarships that were provided. She suggested it was important to take heed of youth and senior events. D. PUBLIC HEARINGS 1. Ordinance No. 2863-2015 – Amending Kenai Municipal Code Chapter 12.25 – Abandoned Vehicles, to Define Abandoned Vehicles, Amend the Definition of Junk Vehicles and Make Other Changes Regarding Vehicle Storage, Repair and Enforcement and Amending Kenai Municipal Code 12.20.030 – Debris and Junk Prohibited, to Reflect the Title Change to Chapter 12.25. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2863-2015; the motion was SECONDED by Council Member Gabriel. Mayor Porter opened the public hearing. Ben Heverly, a real estate professional, spoke in favor of stricter regulations regarding junk cars. He noted that the property values are higher without junk cars. There being no one else wishing to be heard, the public hearing was closed. MOTION TO AMEND: Councilor Knackstedt MOVED to amend by making the changes noted in the City Manager’s December 1st memo; the motion was SECONDED by Council Member Gabriel. VOTE: YEA: Porter, Molloy, Knackstedt, Gabriel, Navarre, Bookey NAY: Boyle AMENDMENT MOTION PASSED. It was pointed out that maintaining the vehicles registration is unnecessarily restrictive. City of Kenai Council Meeting Page 3 of 11 December 2, 2015 Page 55 of 101 MOTION TO AMEND: Councilor Molloy MOVED to amend by deleting section 12.25.010(b)(1) in its entirety; the motion was SECONDED by Council Member Boyle. Other criteria defining a junk vehicles was discussed, it was noted that there are many criteria provided and a vehicle is determined to be a junk vehicle if it meets two of the criteria. MOTION TO AMEND AMENDMENT: Councilor Gabriel MOVED to amend section 12.25.010(b)(1) by substituting “Is not currently registered,” with “Has not been registered for six months,”; the motion was SECONDED by Council Member Navarre. It was noted that providing for six months allowed for more latitude to fix deficiencies. [Clerk’s Note: Council Member Bookey left the meeting at 7:10 p.m.] VOTE ON AMENDED AMENDMENT: YEA: Gabriel, Porter, Knackstedt, Navarre NAY: Boyle, Molloy MOTION PASSED. MOTION TO AMEND : Councilor Molloy MOVED to amend section 12.25.030(c), line 3, by inserting after the semi-colon, “except that the junk vehicle storage and repair provisions of this chapter shall not apply;”; the motion was SECONDED by Council Member Knackstedt. VOTE ON AMENDMENT: YEA: Boyle, Molloy, Gabriel, Porter, Knackstedt, Navarre NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Councilor Molloy MOVED to amend by removing section 12.25.100 - Waivers of Claims for Damages entirely from the ordinance which would cause re-numbering section 12.25.110 – Penalty to 12.25.100; the motion was SECONDED by Council Member Boyle. It was noted that the reason for removal was because it was unenforceable. VOTE ON THE AMENDMENT: YEA: Boyle, Molloy, Gabriel, Porter, Knackstedt, Navarre NAY: City of Kenai Council Meeting Page 4 of 11 December 2, 2015 Page 56 of 101 MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Knackstedt MOVED to amend section 12.25.010(a) by replacing seventy-two (72) hours with forty-eight (48) hours; the motion was SECONDED by Council Member Boyle. VOTE ON THE AMENDMENT: YEA: Gabriel, Porter, Knackstedt, Navarre NAY: Molloy, Boyle MOTION PASSED. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Navarre, Gabriel NAY: Boyle, Molloy MOTION PASSED. 2. Ordinance No. 2864-2015 – Increasing Estimated Revenues and Appropriations by $11,991 in the Airport Fund and by $13,000 in the Airport Improvement Capital Project Fund for the 2016 Airfield Marking & Signage Project and Authorizing Reappropriation of Remaining Funds from Completed Projects to the 2016 Airfield Marking & Signage Project. MOTION: Councilor Navarre MOVED to enact Ordinance No. 2864-2015; 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. MOTION TO AMEND: Councilor Knackstedt MOVED to amend the 8th whereas by removing, “and 3.125% State of Alaska”; the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT: YEA: Porter, Knackstedt, Navarre, Gabriel Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle City of Kenai Council Meeting Page 5 of 11 December 2, 2015 Page 57 of 101 NAY: MOTION PASSED UNANIMOUSLY. 3. Resolution No. 2015-64 – Supporting the Efforts of the Central Area Rural Transit System (CARTS) to Secure a Grant to Perform a Feasibility Analysis of Implementing Expanded Transit Services in the Central Peninsula Area. MOTION: Councilor Navarre MOVED to adopt Resolution No. 2015-64. 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. It was noted that by securing a grant on behalf of the Central Area Rural Transit System (CARTS) program, to perform an analysis of implementing expanded services, the Kenai Peninsula Borough, City of Soldotna, and City of Kenai would be partnering to do a service for the community. It was also noted that approval wouldn’t require making a grant contribution to them; there would still be options at budget time. VOTE: YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2015-65 – Adopting an Alternative Allocation Method for the FY16 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 14: Cook Inlet. MOTION: Councilor Gabriel MOVED to adopt Resolution No. 2015-65 and requested UNANIMOUS CONSENT; 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. VOTE: There being no objection; SO ORDERED. 5. Resolution No. 2015-66 – Awarding an Agreement for Construction of Beaver Creek Well Field Improvements, Wells 2C And 2E 2015-2016. MOTION: City of Kenai Council Meeting Page 6 of 11 December 2, 2015 Page 58 of 101 Councilor Knackstedt MOVED to adopt Resolution No. 2015-66; 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, Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2015-67 – Awarding an Agreement for Construction of Vintage Pointe Heating Control Upgrades. [Clerk’s Note: This item was removed from the agenda during approval of the agenda.] E. MINUTES 1.*Regular Meeting of November 4, 2015 Minutes were approved by the consent agenda. 2.*Work Session Summary of October 27, 2015 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS – None. 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. 2865-2015 – Amending Kenai Municipal Code Section 1.10.040 - Time of Regular Meeting, to Provide Procedures for Establishing, Canceling and Changing Meeting Dates. Introduced on the consent agenda and public hearing set on December 16, 2015. 4. *Ordinance No. 2866-2015 – Appropriating Transfers for FY2016 Budgeted Capital Projects in the Terminal Improvements Capital Project Fund and the Airport Improvements Capital Project Fund. Introduced on the consent agenda and public hearing set on December 16, 2015. City of Kenai Council Meeting Page 7 of 11 December 2, 2015 Page 59 of 101 5. *Ordinance No. 2867-2015 – Increasing (Decreasing) Estimated Revenues and Appropriation in the Personal Use Fishery Fund and Authorizing Budgetary Transfers in that Fund for Remaining FY2016 Projected Expenditures Introduced on the consent agenda and public hearing set on December 16, 2015. 6. Action/Approval – Mayoral Appointment and Council Confirmation of Council Liaisons to Committees and Commission. MOTION: Councilor Navarre MOVED to approve appointments to Committees and Commissions. The motion was SECONDED by Council Member Gabriel. There was discussion regarding the absence of the “KOOL” Committee on the list, it was explained that the committee is nearly ready to deliver its recommendations. It was suggested that Vice Mayor Gabriel may be a better liaison to the Parks & Recreation Commission because of his involvement in the “KOOL” Committee. It was noted that Council Member Molloy had requested reappointment to the Council on Aging, but that was not the nomination that had been made. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 7. Action/Approval – Mayoral Nomination and Council Confirmation of Appointments to the Planning and Zoning Commission. The Mayor nominated Diane Fikes and Robert Springer for reappointment on the Planning and Zoning Commission. MOTION: Councilor Knackstedt MOVED to confirm the Mayor’s nominations of Diane Fikes and Robert Springer to the Planning and Zoning Commission. The motion was SECONDED by Councilor Navarre. It was noted that both would be re-appointed, both attended the American Planning Association and Planning Conference, and both did a significant amount of work on the ordinance regarding zoning for commercial marijuana establishments. MOTION: City of Kenai Council Meeting Page 8 of 11 December 2, 2015 Page 60 of 101 Councilor Molloy MOVED to postpone to the next meeting. The motion was SECONDED by Councilor Boyle. YEA: Molloy, Boyle NAY: Navarre, Porter, Gabriel, Knackstedt MOTION FAILED. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Molloy NAY: Boyle MOTION PASSED. 8. Action/Approval – Providing Direction to the City Attorney and City Clerk to Draft a Resolution Establishing a Policy for Use of City Email. MOTION: Councilor Knackstedt MOVED to provide direction to the City Attorney and City Clerk to draft a Resolution establishing a policy for use of City Email. The motion was SECONDED by Vice Mayor Gabriel. It was noted that the Council Members would not be available forever, but that it was part of their obligation to the City to maintain access to their emails because emails are public records. It was explained that doing so was not a legal requirement, but a best practice that protected Council members if a public records request went a step further to a subpoena. It was noted that the policy would provide for notification to Council if there was a need for their emails to be accessed. VOTE: YEA: Porter, Knackstedt, Molloy NAY: Gabriel, Boyle, Navarre MOTION FAILED . H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – no report. 2. Airport Commission – it was reported that a work session was held to review the draft ordinance regarding rezoning airport lands; there were requests for some principal uses to be included and a second work session was to be scheduled. It was also reported that the Airport Master Plan was a topic of discussion and that the FAA is anxious for the Master Plan to be completed; next meeting on December 10. 3. Harbor Commission – no report; next meeting January 11. City of Kenai Council Meeting Page 9 of 11 December 2, 2015 Page 61 of 101 4. Parks and Recreation Commission – no report; next meeting December 3. a. Event Park Sub-Committee – It was reported that conceptual site designs were reviewed and a presentation was provided on component cost estimates at their November 10 meeting, and at their November 24 meeting, the stage design was refined, and cost estimates and phasing options were considered; next meeting December 15. 5. Planning and Zoning Commission – It was reported that a public hearing was held on November 10 regarding the draft ordinance for commercial marijuana land use; testifiers were in favor of marijuana, not all were in favor of the proposed ordinance. Next meeting on December 10, with a work session immediately prior to discuss abandoned mobile homes. 6. Beautification Committee – no report; next meeting January 12. 7. Mini-Grant Steering Committee – no report; will be meeting soon. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Cornerstone Rock Ceremony was very well attended and was very nice; gratitude was expressed to Clerk, Manager and the Parks & Recreation Department for their efforts. • Bob Bielefeld Day was recognized via proclamation. • Attended Thanksgiving dinner at Senior Center; donated by Hilcorp. • Attended the Boys & Girls Club auction. • Working with students at the welding facility at KCHS to build a sign for Kenai. • Attended AML; learned of lower revenue sharing. • Attended the Christmas Comes To Kenai festivities. • Visited Alliance Blue Crest Energy; still working a lot on the peninsula, hiring locals. • Requested Work Session with Council to discuss marijuana regulations. J. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • City Hall is sponsoring two families in need this holiday season; Council is welcome to donate. 2. City Attorney – no report. 3. City Clerk – provided a reminder regarding the December 8 Board of Adjustment hearing and the December 10 Department of Transportation open house meetings. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) City of Kenai Council Meeting Page 10 of 11 December 2, 2015 Page 62 of 101 2. Council Comments Council Member Navarre appreciated the Cornerstone Ceremony and the ability to recognize the founders their families. Attended the Christmas Comes To Kenai festivities; thanked the Chamber of Commerce, local businesses, fire department, and police department for making it a success. Also thanked the Mayor for pay-it-forward gifting. Reported that he was pleased to be able to attend the Legends banquet recognizing Bob Bielefeld and other legends; unfortunately Vice Mayor Gabriel and the Airport Manager weren’t able to attend due to weather. Councilor Knackstedt reported that he attended the Alaska Municipal League meetings where there was a lot of talk about state budget; appreciated ability to vote on resolutions on behalf of Kenai. Also reported that he attended the Cornerstone Dedication, appreciated the opportunity to reminisce with the remaining children and grandchildren. Vice Mayor Gabriel expressed disappointment that he couldn’t attend the Legends banquet recognizing Bob Bielefeld due to the weather; thanked finance for the satisfactory audit; attended the Cornerstone Dedication; advised that he would be traveling December 3 to Board of Fisheries to testify on relocating the 2017 finfish meeting to the Kenai Peninsula. Council Member Molloy thanked the Mayor for the pay-it-forward gift; thanked the Clerk and the Parks and Recreation Department for their work on the Cornerstone Dedication; thanked the Chamber of Commerce, city departments and businesses for the Christmas Comes To Kenai festivities; thanked the Planning and Zoning Commission for their work session regarding zoning for marijuana; and congratulated the finance director for the clean audit. L. EXECUTIVE SESSION M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:04 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of December 2, 2015. _____________________________ Sandra Modigh, CMC City Clerk City of Kenai Council Meeting Page 11 of 11 December 2, 2015 Page 63 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 64 of 101 Page 65 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 66 of 101 Page 67 of 101 Page 68 of 101 Sponsored by: Mayor Porter CITY OF KENAI ORDINANCE NO. 2868-2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A MORATORIUM ON THE CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IN MARIJUANA RETAIL ESTABLISHMENTS AND MARIJUANA CLUBS. WHEREAS, on November 4, 2014, Alaskan voters approved Ballot Measure 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana; and, WHEREAS, subsequently, the State established the Marijuana Control Board, which has proposed regulations for commercial marijuana establishments; and, WHEREAS, the proposed regulations allow for a Retail Marijuana Store to permit on- site consumption of marijuana or marijuana products purchased on the licensed premises with prior approval of the Marijuana Control Board; and, WHEREAS, the proposed regulations do not provide any standards for which the Marijuana Control Board would approve or disapprove a Retail Marijuana Store to permit consumption of marijuana or a marijuana product on its premises; and, WHEREAS, neither Ballot Measure 2, nor proposed regulations by the Marijuana Control Board have specifically addressed Marijuana Clubs, which allow for consuming marijuana or marijuana products on the premises; and, WHEREAS, it is in the best interest of the City of Kenai to establish a moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs, until further guidance is provided by the Marijuana Control Board or State Legislature ensuring minimum health and safety standards are met to protect consumers, the public, first responders, and employees of such establishments; and, WHEREAS, a moratorium will allow the City a reasonable time to review any state action, or even potentially develop its own regulations, prior to allowing the consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs; and, WHEREAS, Alaska Statute 17.38.110 Local Control, specifically allows for municipalities to prohibit and regulate commercial marijuana establishments in a manner that does not conflict with the applicable statutes and, the City, as a home rule municipality, has all legislative powers not prohibited by law or charter. _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Page 69 of 101 Ordinance No. 2868-2015 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non-code ordinance. Section 2. Moratorium: (a) The consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs is prohibited. (b) The City Council shall file a protest with the director of the Marijuana Control Board, or any other regulatory agency, against any application for a Retail Marijuana Store license that proposes to allow the consumption of marijuana or marijuana products on the Licensed Premises. (c) If a state licensure process becomes available for a Marijuana Club, the City Council shall file a protest against any application for a Marijuana Club license that proposes to allow the consumption of marijuana or marijuana products on the licensed premises with the director of the Marijuana Control Board, or any other regulatory agency. If a state licensure process remains unavailable for a Marijuana Club, the City may seek any available injunctive remedy in the Superior Court, including its costs and fees for bringing such action against a Marijuana Club that allow, encourages or provides for the consumption of marijuana or marijuana products on its non-licensed premises. (d) Definitions. For purposes of this Moratorium the following definitions apply: (1) “Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. (2) "Marijuana Products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (3) "Marijuana Accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for ingesting, inhaling, or otherwise introducing marijuana into the human body. (4) "Retail Marijuana Store" means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Page 70 of 101 Ordinance No. 2868-2015 Page 3 of 4 (5) “Licensed Premises” means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a marijuana establishment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed. (6) “Non-Licensed Premises” means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure used, controlled, or operated by a non-licensed Marijuana Club. (7) “Marijuana Club” means a licensed or non-licensed place where (1) marijuana or marijuana products are received or kept, or to which marijuana or marijuana products are brought (2) for consumption by the public or by members of a club, association, or corporation on the licensed or non-licensed premises and (3) any fee, including but not limited to a membership fee, cover charge, or the sale of food, ice, mixers, or other drinks occurs, or a fee is charged for the use of marijuana accessories for use in the consumption of marijuana or marijuana products. Section 3. Moratorium Period: The Moratorium and all prohibitions contained therein, shall be in effect for one year from the effective date of this Ordinance, unless terminated sooner or extended by Ordinance of the City Council. Section 4. Disclaimer: Nothing in this Ordinance endorses or is intended to endorse the legality of a Marijuana Club operating without a state issued license. Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Page 71 of 101 Ordinance No. 2868-2015 Page 4 of 4 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of January, 2016. ______________________________________ PAT PORTER, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: December 16, 2015 Enacted: January 6, 2016 Effective: February 5, 2016 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Page 72 of 101 Page 73 of 101 Page 74 of 101 Page 75 of 101 Page 76 of 101 Page 77 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 78 of 101 KENAI AIRPORT COMMISSION NOVEMBER 12, 2015 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR GLENDA FEEKEN, PRESIDING MEETING SUMMARY 1. CALL TO ORDER AND ROLL CALL Commission Chair Feeken called the meeting to order at 7:00 p.m. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: G. Feeken, J. Zirul, J. Bielefeld, K. Dodge, L. Porter, P. Minelga C. Henry Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn, Council Liaison Henry Knackstedt A quorum was present. a. Pledge of Allegiance Commissioner Feeken led those assembled in the Pledge of Allegiance. 2. AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda and Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. October 8, 2015 MOTION: Commissioner Bielefeld MOVED to approve the meeting summary of October 8, 2015; Commissioner Dodge SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. UNFINISHED BUSINESS a. Master Plan Update 6. NEW BUSINESS – None. 7. REPORTS Page 79 of 101 Airport Commission November 12, 2015 Page 2 of 2 a. Airport Manager – Bondurant reported on the following: • Held annual review of emergency control plan on November 10. • Transportation Security Administration on October 28 went well. b. City Council Liaison – reported on the actions at the November 4 Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – December 10, 2015. 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Porter asked about an update on a joint meeting with the Airport Commission and the City Council. Commission Chair Feeken complimented the airport on the recent snow and ice removal operations. Commissioner Minelga thanked the airport manager for the invitation to the Aviation Hall of Fame dinner. 10. PERSONS NOT SCHEDULED TO BE HEARD Charlie Yamada spoke in favor of keeping the bowling alley property a recreational facility. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 80 of 101 KENAI PARKS & RECREATION COMMISSION DECEMBER 3, 2015 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR AL HULL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Hull called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Commissioners present: A. Hull, N. Widmayer, C. Stephens Commissioners absent: H. Spann, R. Tunseth, E. Castillo, M. Lindeman Staff/Council Liaison present: Parks & Rec Staff Member B. Frates No quorum was present. 2. AGENDA APPROVAL 3. APPROVAL OF MEETING SUMMARY a. October 8, 2015 b. November 5, 2015 4. PERSONS SCHEDULED TO BE HEARD – None 5. PERSONS PRESENT NOT SCHEDULED – None 6. UNFINISHED BUSINESS a. Beaver Creek Park Playground b. Municipal Park Turf Area 7. NEW BUSINESS a. 2015 Kenai River Dipnet Fishery Report b. 2017, 2018, & 2019 Capital Improvement Project Priorities 8. REPORTS a. Parks and Recreation Director b. Commission Chair c. City Council Liaison 9. NEXT MEETING ATTENDANCE NOTIFICATION – January 7, 2015 10. COMMISSION QUESTIONS & COMMENTS 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. 12. INFORMATION – None. Page 81 of 101 Parks and Recreation Commission Meeting December 3, 2015 Page 2 13. ADJOURNMENT Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 82 of 101 CKENAI OUTDOOR OPPORTUNITY LOCATION COMMITTEE MEETING NOVEMBER 24, 2015 CITY HALL 6:30 P.M. CHARIMAN BRIAN GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 6:30 p.m. Roll was confirmed as follows: Committee Members present: B. Gabriel, A. Hull, S. Merry, M. Smith, C. Parker Committee Members absent: P. Morin, T. Elder, B. Shiflea Staff/Council Liaison present: Parks & Rec Director B. Frates, City Manager R. Koch A quorum was present. 2. AGENDA APPROVAL MOTION: Committee Member Smith MOVED to approve the agenda; Committee Member Merry SECONDED the motion. There were no objections, SO ORDERED. 3. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Bob MacIntosh apologized for trouble caused at the previous meeting. Emphasized interest in following the project and requested permission to record the meeting. 4. APPROVAL OF MINUTES a. November 10, 2015 MOTION: Committee Member Smith MOVED to approve the meeting minutes and Committee Member Parker SECONDED the motion. There were no objections, SO ORDERED. 5. UNFINISHED BUSINESS a. Review Conceptual Site Plans Four conceptual plans, which were presented at the November 10 meeting, were briefly reviewed. 6. NEW BUSINESS Page 83 of 101 Kenai Outdoor Opportunity Location Meeting November 24, 2015 Page 2 a. Refine Stage Design Each committee member was given opportunities to express their desired components; the components were then prioritized as follows: 1. Elevated covered stage extending past front of stage 2. Approximately 1,200 square feet (30’x40’) 3. Back stage area 4. Lighting, power, and technical station toward front of stage 5. Acoustics/Modular sides 6. Flexibility in design to accommodate different events and weather, including accessibility 7. Restrooms/water utility b. Prioritize Event Park Components Each committee member individually identified important elements before collectively prioritizing as a group. The components were prioritized as follows: 1. Stage 2. Permanent Restrooms with utilities & site work (spectator area/event area) 3. Parking Lot 4. Utilities for vendors 7. DISCUSS PURPOSE OF NEXT MEETING Flush out various costs and discus presentation to Kenai City Council 8. SCHEDULE FOR NEXT AND SUBSEQUENT MEETINGS It was decided that the next meeting would be held on December 15, 2015 at 6:30 p.m.. 9. PUBLIC COMMENT – None. 10. COMMITTEE QUESTIONS AND COMMENTS 11. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:15 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 84 of 101 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 9, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: G. Pettey, R. Springer, J. Twait, K. Peterson, J. Glendening, J. Focose, D. Fikes Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Chief of Police G. Sandahl, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c. *Excused Absences d. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: November 10, 2015 Approved by the consent agenda. Page 85 of 101 Planning and Zoning Commission Meeting December 9, 2015 Page 2 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-30 - Original Preliminary Plat of Haddock Subdivision KDC Replat, submitted by McLane Consulting, P.O. Box 498, Soldotna, AK 99669. City Planner Kelley reviewed his staff report recommending approval of the resolution, which included the following conditions: • Further development of the property shall conform to all Federal, State and local regulations. • The name of the street on the plat should be shown as N. Forest Drive. • The City Council for the City of Kenai must approve vacation of the right-of-way for Coolidge Street, pursuant to Kenai Peninsula Borough Code 20.28.100. • The City Manager for the City of Kenai must sign the plan acknowledging acceptance by the City of Kenai of the final plat. • The applicant must submit a Landscape/Site Plan, pursuant to Kenai Municipal Code 14.24.020, prior to beginning development of the project. • Prior to beginning construction on the project, applicant must obtain a building permit. Commissioner Peterson MOVED to approve Resolution No. PZ15-31 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing; there being no one wishing to testify, the public hearing was closed. It was explained that past issues regarding debris were further down the road than this project. It was noted that the property was general commercial and that any residential would be secondary. Clarification was provided on undeveloped Coolidge Road which was going to be vacated. VOTE: YEA: Twait, Focose, Glendening, Pettey, Fikes, Peterson, Springer NEA: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. Page 86 of 101 Planning and Zoning Commission Meeting December 9, 2015 Page 3 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Knackstedt reported that the junk car ordinance had been adopted with a few revisions; reviewed the action agenda of the December 2 Council meeting, which was provided in the packet; reported that the Department of Transportation was putting on an open house at the Kenai Visitors and Convention Center for Beaver Loop Road and Kenai Spur Highway road improvement projects; and discussed the process that was followed for the Board of Adjustment appeal. b. Borough Planning – Glendening reported the action taken by the Borough Planning Commission and Platting Committee at their November 23 meetings; 1 Right-of-Way vacation approved; 3 plats approved. c. Administration – Kelley reported on the following matters: • He would be out of the office from December 21 to January 1. • City Council scheduled a Work Session for December 17 to discuss marijuana regulations. • Reminded of the joint work session with the Airport Commission at their first meeting in January. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 13, 2016 Commissioner Pettey noted she would not be present. COMMISSION COMMENTS & QUESTIONS: Commissioner Glendening asked if a 2016 meeting calendar would be provided; he was advised one would be provided. Commissioner Pettey wished all a Merry Christmas and Happy New Year. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:43 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 87 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 101 Page 89 of 101 Page 90 of 101 Page 91 of 101 Page 92 of 101 Page 93 of 101 Page 94 of 101 Page 95 of 101 Page 96 of 101 Page 97 of 101 Page 98 of 101 Page 99 of 101 [PAGE LEFT BLANK INTENTIONALLY] Page 100 of 101 Page 101 of 101 [PAGE LEFT BLANK INTENTIONALLY] A visual Journey Dollynda Phelps Clones or seedlings begin in propagation area. From this stage, at 8 inches tall, they would be entered into the Marijuana Tracking System… Propagation and “vegging” takes place in a separate room from flowering as the lighting requirements are different Once clones are large enough they move into the Veg area. During the Vegetative stage of cannabis, plants grow and fill out. Drain trays allow collection of runoff water. Final stage of Cannabis cycle, the flowering stage. Notice plants on the left are at an earlier flowering stage than plants on right. This helps with a perpetual grow. Hi Tunnels are a very popular, effective, and affordable means of farming used by outdoor agricultural enthusiasts and farmers. Mature Cannabis flowers, ready for harvesting… Cannabis flowers have no psychoactive properties until they have been decarboxylated, or heated over 250 degrees. Freshly harvested Cannabis flowers on drying racks, preparing for the curing process and sale to retail. Commercial trimming machines are efficient and can speed up the trimming process. Testing Labs will test harvested cannabis for a variety of contaminants as well as a Cannabinoid profile. Testing for the cannabinoid profile, mold, and pesticides is required prior to sale Testing requirements apply to both small limited cultivators and large scale commercial cultivators Trichomes Commercial closed-loop extraction equipment and supercritical CO2 extraction equipment are most commonly used in a commercial setting. Vacuum ovens are used to “purge” whatever solvent was used in the extraction process. A fairly new solventless method called “Rosin Tech” is gaining ground. Shatter, Wax, Oil, Hash, and kief are all different forms of concentrates enjoyed by the cannabis enthusiast Marijuana infused products are a convenient, smoke-free way to enjoy Cannabis. As with tobacco, beer, wine or liquor, parents should be responsible and keep away from children. Retail stores will provide a legal, safe, convenient place to purchase marijuana and marijuana products. No one under 21 will be able to purchase product. Retail stores will be required to check identification of potential consumers similar to alcohol and tobacco. A recent report by the Marijuana Industry Group indicates that since January 2014, Colorado’s new-found recreational pot trade has created upwards of 10,000 new jobs in the first year, an astounding total of 16,000 since legalization,this doesn’t include jobs created by marijuana sales. Read more: http://naturalsociety.com/colorados- marijuana-legalization-creates-10000-new- jobs/#ixzz3oOqtNVTo The state is now enjoying one of the lowest unemployment rates in the nation –6% –which is the lowest it has been since the recession started Colorado’s Marijuana Enforcement Division has released its first annual report detailing the state’s legal cannabis industry. According to this, 16,000 new jobs were created, not including ancillary businesses. Per capita, that would mean nearly 2200 new jobs for the state of Alaska and approximately 200 for the Kenai Peninsula. Opening up an entire new industry within the economy always brings enormous benefit, especially if that industry —like the marijuana industry —has been operating in the shadows for so long, with an established consumer base. It’s not just the actual growing and sale of marijuana that brings in revenue and creates jobs; legal cannabis is an entire industry, requiring support staff and regulators as well. All of this means a big influx of employment opportunities for those in areas where legalization is in full swing. Read more: http://www.cheatsheet.com/business/16-jobs-being-created-by-the-marijuana-industry.html/?a=viewall#ixzz3oOlP5oqc What are some of these jobs? Well, there are a multitude of opportunities in just about every function you can imagine. Many of these jobs had previously been segregated to the black market, or the medical industry only, available to a select few who qualified. Now, they are becoming mainstream and available to many more. Some are lucrative, others pay low-wages. But the industry is in its infancy, and as it evolves, as will the positions within it. Read more: http://www.cheatsheet.com/business/16-jobs-being-created-by-the- marijuana-industry.html/?a=viewall#ixzz3oOli9oMR The 2014 edition was the largest event of its kind by far. The U.S. Government owns a medical patent on the cannabinoids found in Cannabis. This is very contradictory -by definition as a Federally illegal Schedule one drug, it means it has no accepted medical use in the United States. Different Cannabinoidsaffect the body differently. Cannabidiol, or CBD, has no psychoactive effects but has successfully treated many ailments. The endocannabinoid system is a system of the body that controls many basic functions. It is also responsible for the effects of marijuana. The endocannabinoid system is made up of natural molecules known as cannabinoids and the neural pathways that they interact with. Together, these parts work to regulate a number of activities including mood, memory, sleep and appetite. Medical marijuana is believed to treat various disorders by acting on the endocannabinoid system. Many credible institutions around the world are finding surprising results during the course of the study of cannabis. Just to name a few, Journal of Clinical investigation National Institute of health American Journal of Physiology British Journal of Pharmacology University of San Diego-Center for Medicinal Cannabis Research In fact, Over 100 new study results are posted on the National Cancer Institute website www.ncbi.nlm.gov and are too numerous to list but are available for viewing