HomeMy WebLinkAbout2015-12-16 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING
DECEMBER 16, 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 16, 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
Robert Molloy
Terry Bookey (absent)
Tim Navarre
A quorum was present.
Also in attendance were:
Henry Knackstedt
Brian Gabriel, Vice Mayor
Mike Boyle
"'Hannah Drury, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3. Agenda Approval
MOTION:
Council Member Molloy MOVED to approve the agenda and requested UNANIMOUS CONSENT.
Council Member Gabriel 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. Dick Page spoke in favor of a joint meeting with the Airport Commission; requested
action on the Airport Commission's request for a joint work session.
[Clerk's Note: Council Member Boyle joined the meeting at 6:03 PM]
2. Johna Beech, President/COO of Kenai Chamber of Commerce & Visitor Center
Johna Beech reviewed statistical reports regarding traffic to the visitor center, traffic to the
website, brochures distributed, and facility rentals. She noted that the visitor center saw an
increase by over 5,000 visitors this quarter over the same quarter in 2014; speculated that the
reason could be attributed to decreased fuel prices allowing for more travel.
3. Dollynda Phelps — "The Legal Cannabis Industry" a Visual Journey Presentation
Dollynda Phelps reviewed a PowerPoint presentation showing pictures of the different aspects of
the commercial marijuana industry to include indoor and outdoor cultivation facilities from clones
to the flowering stage through harvesting, trimming, and drying. The presentation also provided
photos and information regarding testing and what was being tested for, by- products,
manufacturing concentrates and edibles, and retail stores. Furthermore, the presentation
provided economic information regarding the new industry as well as some medical information
regarding potential benefits.
4. Charlotte Yamada — Bowling Alley Update.
Charlotte Yamada reported on some bowling functions taking place in Anchorage over Christmas.
She noted that she was given an opportunity to video the back of the house at Center Bowl in
Anchorage in order to make educated decisions on refurbishing the bowling alley in Kenai.
Charlotte indicated that the group she's been working with is interested in leasing the land for 99
years and purchasing the building at a later date with the intent to renovate the building inside
and out; she estimated it would take five years to renovate.
C. UNSCHEDULED PUBLIC COMMENTS
None.
D. PUBLIC HEARINGS
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December 16, 2015
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.
MOTION:
Councilor Molloy MOVED to enact Ordinance No. 2865 -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.
It was explained that the ordinance amends the code to reflect a new procedure that was provided
for by a ballot measure that passed in October. Additionally, it provided for the Mayor cancelling
a meeting in an emergency. It was also explained that resolutions would be required for meeting
changes; to allow for public notice and public comment, would also create a trail for why the
changes happened.
It was noted the City Clerk would prepare a calendar in November or December to set the
calendar for the next year and Council could remove items. It was also noted that the function of
a calendar was to cancel in advance because of where the meeting fell in the year.
MOTION TO POSTPONE:
Councilor Molloy MOVED to postpone to allow for additional public hearing at the next meeting
on 1/6/2016; the motion was SECONDED by Council Member Boyle.
VOTE:
YEA: Boyle, Molloy, Knackstedt, Gabriel
NAY: Porter, Navarre
"Student Representative Drury: YEA
MOTION PASSED.
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.
MOTION:
Councilor Knackstedt MOVED to enact Ordinance No. 2866 -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, Knackstedt, Molloy, Navarre, Gabriel, Boyle
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NAY:
"Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
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.
MOTION:
Councilor Gabriel MOVED to enact Ordinance No. 2867 -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.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
"Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2015 -67 — Establishing the 2016 Dates for Regular Meetings of the City
Council.
MOTION:
Councilor Navarre MOVED to adopt Resolution No. 2015 -67; 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.
It was noted that meetings would be scheduled for every 1st and 31 Wednesday except July due
to the dipnet season, November due to the Alaska Municipal League conference, and December
because in 2016, the second meeting fell very close to Christmas.
The July meetings from the past few years were reviewed and it was noted the second meeting
in July may not be a good one to cancel due to a few significant ordinances and action /approval
items. It was also noted that with a schedule administration could plan ahead if adopting
legislation was time sensitive.
It was suggested that developing a schedule so far in advance was cumbersome and didn't allow
for handling the needs of administration on a case by case basis.
MOTION TO AMEND:
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December 16, 2015
Councilor Molloy MOVED to amend by deleting the fourth whereas clause and other references
to the July meeting; the motion was SECONDED by Council Member Boyle.
VOTE ON AMENDMENT:
YEA: Boyle, Molloy, Porter, Knackstedt, Gabriel
Nay: Navarre
"Student Representative Drury: YEA
MOTION PASSED.
VOTE ON MAIN MOTION:
YEA: Knackstedt, Molloy, Navarre
NAY: Porter, Gabriel, Boyle
"Student Representative Drury: NAY
MOTION FAILED.
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.
MOTION:
Councilor Molloy MOVED to adopt Resolution No. 2015 -68; the motion was SECONDED by
Council Member Boyle.
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:
"Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
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.
MOTION:
Councilor Knackstedt MOVED to adopt Resolution No. 2015 -69; 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.
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December 16, 2015
It was explained that a new card key system had been placed at the Senior Center and each
resident was provided with a key card but that some residents wanted to provide family members
or caretakers with a card key.
VOTE:
YEA: Porter, Knackstedt, Molloy, Navarre, Gabriel, Boyle
NAY:
* *Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
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 ".
MOTION:
Councilor Gabriel MOVED to adopt Resolution No. 2015 -69 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 objections, SO ORDERED.
E. MINUTES
1. *Work Session Summary of December 1, 2015
Minutes were approved by the consent agenda.
2. *Regular Meeting Minutes of December 2, 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.
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3. *Ordinance No. 2868 -2015— Establishing a Moratorium on Consumption of Marijuana
and Marijuana Products in Marijuana Retail Establishments and Marijuana Clubs.
Introduced on the consent agenda and public hearing set on January 6, 2015.
4. *Ordinance No. 2869 -2015 — Accepting and Appropriating Funds Received from
Kenai Senior Connection for the Purchase of Software for the Kenai Senior Center.
Introduced on the consent agenda and public hearing set on January 6, 2015.
H. COMMISSION /COMMITTEE REPORTS
1. Council on Aging — no report; next meeting January 14.
2. Airport Commission — it was reported that at its December 10th meeting, City Manager
R. Koch and City Attorney S. Bloom explained lease reappraisals. The Commission
also discussed the Master Plan update; almost done with phase 3. At their next
meeting the Commission will review the building restriction line, the reserve line, and
a request to change their meeting time to 6pm; next meeting January 14. It was
decided that a joint work session be scheduled for February 231 at 6pm to review the
plan for selling and leasing airport property being prepared by the City Manager.
3. Harbor Commission — no report; next meeting January 11.
4. Parks and Recreation Commission — no report; next meeting January 7.
a. Kenai Outdoor Opportunity Location Committee — It was reported that costs of
stage components were reviewed and that an outline was drafted for presenting
the committee's findings to Council.
5. Planning and Zoning Commission — It was reported that a work session was held
regarding abandoned mobile homes; another work session to be held in January. It
was also reported that a plat to consolidate three lots was considered and approved
at their Regular Meeting on December 9; next meeting January 13.
6. Beautification Committee — no report; next meeting January 12.
7. Mini -Grant Steering Committee — It was reported that a meeting was held December
15, to consider granting $500 to two students from Kenai Central High School to build
a sign comprised of a rock base with four foot metal letters spelling Kenai at the top to
be installed on Bridge Access Road with Mt. Redoubt in the background; the grant was
approved. Financial assistance was coming from the Rotary Club as well.
REPORT OF THE MAYOR
Mayor Porter reported on the following:
• Saturday Coffee went well; January will be in the Library.
• Interviewed with a public relations person from Tesoro regarding their community
involvement.
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J. ADMINISTRATION REPORTS
City Manager reported on the following:
• Request by two airport lessors to place their appeal in the packet; issues had
been resolved; appeals withdrawn.
Board of Fisheries decided to hold their 2017 meeting for considering finfish
regulations meeting in Anchorage; a good effort was made for changing the
location to the Kenai Peninsula. Thanked Gabriel for attending on behalf of city
without compensation.
• Board of Fisheries holding a work session in 2016 on the peninsula; will be
allowing public testimony one day.
Scheduling meetings with legislators prior to session; lobbying for re-
appropriation for bluff erosion project.
• 2017 State Capital Budget released; grant for Wastewater treatment plant
project was included.
• Would like to draft a resolution to ask Department of Transportation to eliminate
parking on shoulder of roadway on Bridge Access Road during the dipnet
season.
It was asked whether Daubenspeck Park pond was ready for ice skating; he noted he would check
into it.
2. City Attorney — no report.
3. City Clerk — no report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Patricia Patterson spoke against the moratorium on marijuana pointing out that it wasn't specific
enough. She noted she belonged to a knitting club that could be cannabis friendly, also noted
that if not allowed to consume in retail establishments, tourists are going to go to the beaches or
parks to consume; wants the 5,000 visitors to have a legal place to consume that is not the beach
or in their cars with their kids.
Joshua Bird spoke against the moratorium noting it isn't good for business recommended allowing
the state do its job.
2. Council Comments
Council Members Navarre and Knackstedt wished all a Merry Christmas and Happy New Year.
Vice Mayor Gabriel thanked those that addressed Council and wished all a Merry Christmas and
Happy New Year.
Student Representative Drury noted that the Leadership Committee at the high school concluded
its canned food drive, donated 721 pounds to food bank. She also noted that the spaghetti feed
for students in transition raised almost $20,000.
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Council Member Molloy thanked those that presented during scheduled public comment and
wished all happy holidays and happy new year.
L. EXECUTIVE SESSION — None.
M. PENDING ITEMS — None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:51 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of December
16, 2015.
San ra o ° h, CM
City rk
"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
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December 16, 2015