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HomeMy WebLinkAbout2016-01-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING JANUARY 6, 2016 — 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 January 6, 2016, 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 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 Mayor Porter noted the following requested revisions /additions to the agenda /packet: Add to Item D. 1 Ordinance No. 2865 -2015 • Supporting Correspondence Add to Item D. 2 Ordinance No. 2868 -2015 Supporting Memorandum Add to Item G. 11 Nomination of Appointments to Committees • Additional Application for Beautification Committee MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Vice Mayor Gabriel SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Gabriel MOVED to approve the consent agenda; Council Member Bookey SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Porter opened public comment for items on the consent agenda. Joe Harris spoke against marijuana being consumed in the Townsite Historic District and wanted to ensure a 500 foot buffer zone was provided for churches. Jim Glendening spoke in favor of the amendments proposed by City Attorney Bloom noting that they collected and distilled the sentiments from the December 17 joint work session with City Council and the Planning & Zoning Commission. Dollynda Phelps spoke against the moratorium on marijuana consumption at retail marijuana stores and clubs suggesting the restrictions were based on fear. She pointed out that the Marijuana Control Board had developed very strict regulations. She also encouraged consideration of the economic growth the new industry would bring to the City. JR Bovak spoke in favor of Ordinance No. 2870 -2016 regarding the proposed zoning regulations, setting a footprint for legal commercial marijuana. He noted that even though he voted no on legalization, he recognized the sooner it was out in the open, the sooner it would be removed from the black market. There being no one else 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 C. UNSCHEDULED PUBLIC COMMENTS Bob Standish spoke against the fireworks ordinance that had passed and asked for reconsideration. He explained he and his dogs were disturbed for four nights and had to confront the offenders himself. He also explained that because fireworks were illegal in Anchorage, people were comina to Kenai set them off. City of Kenai Council Meeting January 6, 2016 Sondra Bruzinski spoke on behalf of Charlie Yamada who had been advocating for the bowling alley. She explained that Charlie had continued her efforts to obtain information and regulations regarding bowling alleys; advised that paperwork would be submitted to the City in the future. She also explained that Charlie was in Las Vegas where her sons were trying out for the Team USA bowling team; had been travelling to Anchorage for qualifying rounds; wanted the opportunity available in Kenai. 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. [Clerk's Note: At its December 16th meeting, the Ordinance was postponed to the January 6`h meeting for the purpose of conducting an additional public hearing. A motion to enact is on the floor.] Mayor Porter opened the public hearing. Carol Freas spoke in favor noting that codifying would set a procedure for the cancellation of meetings, provide the ability to schedule legislation through committees and commissions, provide for timely scheduling of hearings, and allow for scheduling travel for Administration, Mayor, and Council. She also noted that posting and public noticing requirements provided constant advertisement. There being no one else wishing to be heard, the public hearing was closed. It was noted that though the voters allowed for the cancellation of meetings, there wasn't a procedure provided and the procedure set forth in the ordinance provided for transparency, public notice and a public hearing regarding the cancellation of a meeting. MOTION TO AMEND: Vice Mayor Gabriel MOVED to amend section 2, paragraph c, by inserting the words, "during the calendar year," after, "The Council may cancel or reschedule a regular meeting," and before the phrase, "for any reason," in the first sentence. The motion was SECONDED by Council Member Bookey. VOTE ON THE AMENDMENT: YEA: Porter, Boyle, Molloy, Knackstedt, Gabriel, Bookey, Navarre NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: City of Kenai Council Meeting Page 3 of 14 January 6, 2016 Councilor Navarre MOVED to amend section 2, paragraph b, by inserting the words, "the City Clerk on behalf of Council," after the words, "On or before the last meeting of December," and before the words, "by resolution, shall establish," so the statement reads, "On or before the last meeting of December, the City Clerk on behalf of Council, by resolution, shall establish the dates for the subsequent year's Council meetings. "; the motion was SECONDED by Council Member Bookey. Administration pointed out that the City Clerk does not establish by resolution The motion was withdrawn. MOTION TO AMEND: Councilor Navarre MOVED to amend the first sentence in sub - section b to read, "On or before last meeting of December, the City Clerk shall introduce a resolution on behalf of Council establishing the dates for the subsequent year's Council meetings. "; the motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was pointed out there were redundancies in sub - section c. MOTION TO AMEND: Councilor Navarre MOVED to amend by removing last sentence of sub - section c which stated, "The resolution must set forth the reason for the action to cancel or reschedule. "; the motion was SECONDED by Vice Mayor Gabriel. It was clarified that the whereas clauses in the resolutions would set forth facts that may provide reasons. VOTE ON THE AMENDMENT MOTION: YEA: Porter, Knackstedt, Gabriel, Navarre NAY: Bookey, Boyle, Molloy "Student Representative Drury: YEA MOTION PASSED. There was suggestion that a resolution may not be necessary and would prevent cancellation of the next meeting, if necessary. MOTION TO AMEND: Councilor Knackstedt MOVED to amend by removing "on a resolution," so the sentence would read, "The Council may cancel or reschedule a regular meeting during the calendar year for any reason by a majority vote, as long as the Council complies with the minimum requirements for regular meetings. "; the motion was SECONDED by Council Member Navarre. City of Kenai Council Meeting January 6, 2016 It was noted that by removing the requirement of a resolution meant a meeting could be cancelled with no public notice. It was suggested that there should be a reason for cancellation provided for those who are interested. The point was made that a meeting or work session could be called with no prior notice. VOTE ON THE AMENDMENT MOTION: YEA: Porter, Knackstedt, Navarre NAY: Bookey, Boyle, Molloy, Gabriel "Student Representative Drury: YEA MOTION FAILED. Administration clarified that sub - section d made the process more stringent than charter as it dealt with immediacy. It was further clarified that code and charter would be complimentary and not contradictory should the ordinance be adopted. VOTE ON THE MAIN MOTION: YEA: Boyle, Molloy, Gabriel, Bookey, Navarre NAY: Porter, Knackstedt "Student Representative Drury: YEA MOTION PASSED. 2. Ordinance No. 2868 -2015 — Establishing a Moratorium on Consumption of Marijuana and Marijuana Products in Marijuana Retail Establishments and Marijuana Clubs. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2868 -2015; the motion was SECONDED by Vice Mayor Gabriel. Mayor Porter opened the public hearing. Patricia Patterson spoke against the moratorium; noted the state set up licensing parameters and she was in favor of those. She also noted that a safe, adult, responsible place to consume was needed to keep it out of cars and away from children, similar to a bar that serves alcohol. Additionally, she spoke of owning a retail store noting that startup cost a lot of money and required cash; pointed out that in order to put someone out of business, the American way was to not shop there. Joshua Bird spoke against the moratorium; stated he had operated Green Rush Events, a marijuana club, but had recently closed the doors. He pointed out that in the time the club was open there were no problems from police or with people driving after consuming. He also stated the Marijuana Control Board had done hours of research and were going to create an onsite consumption license to go with the retail store license. City of Kenai Council Meeting January 6, 2016 JR Bovak spoke against the moratorium; reiterated earlier comments that the sooner marijuana legalization was brought out into the open, the sooner the black market will be squelched. Sherry Bodine spoke in favor of the ordinance; stated that with more knowledge, you are better equipped to provide for public safety. She also pointed out how the half life of marijuana affects a person and was compounded with continued consumption. Diane Fikes spoke in favor of the ordinance. She suggested the state hadn't yet done enough; hadn't considered air quality, the service people serving the businesses, or public safety. There being no one else wishing to be heard, the public hearing was closed. It was noted that consuming on a retail premises was added at the last minute and the state hadn't done anything regarding safety. The point was made that the state provided for licensing but also provided for individual communities to determine the footprint for the industry. It was clarified that the moratorium only prohibited consumption in the retail stores, not the retail stores themselves. MOTION TO AMEND: Councilor Knackstedt MOVED to amend subsection (d)(7) by adding, "premises maintained or operated for the purpose of providing a place," after, "Marijuana Club" means a licensed or non - licensed," and before, "where (1), "; the motion was SECONDED by Vice Mayor Gabriel. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was pointed out that the moratorium would provide for more regulations to be established to address public safety concerns. MOTION TO AMEND: Councilor Molloy MOVED to amend section 2, subsections (b) and (c) by replacing the word shall with the word may; the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. It was pointed out that first responders arrive to a multitude of situations and had been responding to situations where marijuana consumption had taken place prior to legalization; moratorium wasn't going to resolve for first responders. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel NAY: Boyle, Molloy, Bookey "Student Representative Drury: NAY MOTION PASSED. City of Kenai Council Meeting Page 6 of 14 January 6, 2016 3. Ordinance No. 2869 -2015 — Accepting and Appropriating Funds Received from Kenai Senior Connection for the Purchase of Software for the Kenai Senior Center. MOTION: Vice Mayor Gabriel MOVED to enact Ordinance No. 2869 -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. Kenai Senior Connection was thanked for their work. VOTE: YEA: Porter, Knackstedt, Bookey, Molloy, Navarre, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2016 -01 —Authorizing the City Manager to Execute an Amendment to the Agreement between the Department of the Army and the City of Kenai, Alaska for the Kenai Bluffs Stabilization Section 116 Feasibility Study. MOTION: Councilor Molloy MOVED to adopt Resolution No. 2016 -01; the motion was SECONDED by Council Member Navarre. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. E. MINUTES 1.`Regular Meeting Minutes of December 16, 2015 Minutes were approved by the consent agenda. 2.'Work Session Summary of December 17, 2015 Summary was approved by the consent agenda. F. UNFINISHED BUSINESS 1. Reconsideration of Resolution No. 2015 -67 — Establishing the 2016 Dates for Regular Meetings of the City Council. [Clerk's Note: At its December 16" meeting, Resolution 2015 -67 failed by a vote of 3 -3. A reconsideration of the vote has been requested.] City of Kenai Council Meeting Page 7 of 14 January 6, 2016 MOTION TO RECONSIDER: Councilor Navarre MOVED for reconsideration; the motion was SECONDED by Council Member Bookey. Administration clarified that Council Member Navarre was not on the prevailing side therefore could not make the motion; the motion was withdrawn. Vice Mayor Gabriel MOVED for reconsideration; the motion was SECONDED by Council Member Bookey. VOTE TO RECONSIDER: YEA: Knackstedt, Molloy, Navarre, Bookey, Porter, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED. VOTE ON THE RECONSIDERED MOTION: YEA: Knackstedt, Molloy, Navarre, Bookey, Porter, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 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. *Action /Approval — Renewal of Liquor Licenses: • Fraternal Order of eagles #3525 • Acapulco Mexican Restaurant • Country Liquor • American Legion Post #20 • Uptown Motel /Back Door Lounge • Uptown Motel /Louie's • Wal -Mart Supercenter #4474 Approved by the Consent Agenda. City of Kenai Council Meeting January 6, 2016 4. *Ordinance No. 2870 -2015 — Amending Kenai Municipal Code Section 14.20.230 — Home Occupations, to Prohibit Commercial Marijuana Establishments as Allowed Uses, Amending Kenai Municipal Code Section 14.20.320 — Definitions, to Add Marijuana Related Definitions, Enacting Kenai Municipal Code Section 14.20.330 — Standards for Commercial Marijuana Establishments, Creating Standards for Commercial Marijuana Establishments and Amending Kenai Municipal Code Section 14.22.010 — Land Use Table, to Add Commercial Marijuana Establishment Uses and Regulations and Make Other Housekeeping Changes. Introduced on the consent agenda and public hearing set on January 20, 2016. 5. *Ordinance No. 2871 -2016 —Enacting Kenai Municipal Code Section 1.10.080 -Local Regulatory Authority, Designating the City Council as the Local Regulatory Authority for Local Regulation of Marijuana Establishments Under Alaska Statute Chapter 17.38. Introduced on the consent agenda and public hearing set on January 20, 2016. 6. *Ordinance No. 2872 -2016 — Appropriating Funds in the General and Municipal Roadway Improvements Capital Project Funds in the amount of $50,000 for Construction of a New South Beach Access. Introduced on the consent agenda and public hearing set on January 20, 2016. 7. *Ordinance No. 2873 -2016 — Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee Travel and Training. Introduced on the consent agenda and public hearing set on January 20, 2016. 8. *Ordinance No. 2874 -2016 —Appropriating Insurance Proceed Received for Damage to City Street Lights. Introduced on the consent agenda and public hearing set on January 20, 2016. [Clerk's Note: Council Member Bookey left the meeting at 8:09 p.m.] 9. Action /Approval — Assignment of Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 2A1, Block 1, F.B.O. Subdivision, South Addition No. 2 to Kenai Airport Logistics, LLC. MOTION: Councilor Knackstedt MOVED to Assign Lease of Airport Lands Between the City of Kenai and Dan O. Pitts for Lot 2A1, Block 1, F.B.O. Subdivision, South Addition No. 2 to Kenai Airport Logistics, LLC.; the motion was SECONDED by Vice Mayor Gabriel. VOTE: City of Kenai Council Meeting Page 9 of 14 January 6, 2016 YEA: Knackstedt, Molloy, Navarre, Porter, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 10. Action /Approval — Assignment of Lease of Airport Lands between the City of Kenai and Dan O. Pitts for Lot 1A, Block 1, F.B.O. Subdivision, South Addition to Kenai Airport Logistics, LLC. MOTION: Councilor Knackstedt MOVED to Assign Lease of Airport Lands Between the City of Kenai and Dan O. Pitts for Lot 1A, Block 1, F.B.O. Subdivision, South Addition No. 2 to Kenai Airport Logistics, LLC.; the motion was SECONDED by Vice Mayor Gabriel. VOTE: YEA: Knackstedt, Molloy, Navarre, Porter, Gabriel, Boyle NAY: "*Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 11. Action /Approval — Mayoral Nomination and Council Confirmation of Appointments to Committee /Commission Vacancies. MOTION: Council Member Molloy MOVED to confirm the Mayor's nominations for appointment of all individuals, including the one provided in the laydown; the motion was SECONDED by Councilor Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — January 14 meeting was cancelled; next meeting February 11. 2. Airport Commission — no report; next meeting January 14. 3. Harbor Commission — January 11 meeting was cancelled; next meeting February 8. 4. Parks and Recreation Commission — January 7 meeting cancelled; next meeting February 4. a. Kenai Outdoor Opportunity Location Committee — It was reported that at their December 15 meeting, the Committee discussed finalized cost estimates and reviewed components for the final presentation to Council. City of Kenai Council Meeting Page 10 of 14 January 6, 2016 5. Planning and Zoning Commission — no report; next meeting January 13. 6. Beautification Committee — no report; next meeting January 12. 7. Mini -Grant Steering Committee — no report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Saturday Coffee, in its new location at the library, went well. • Read to students at Kaleidoscope. • Attended Senator Sullivan's presentation at Kenai Chamber of Commerce. • Attended the Kenai Central High School and Soldotna High School Alumni hockey game. • Represented the City at Susie Hyde's funeral services in Anchorage. • Assisted students who were building the KENAI sign. • Met with the new pastor for the Presbyterian Church. J. ADMINISTRATION REPORTS City Manager reported on the following: • Signed an amendment to a legislative grant to extend the lapse date for the Kenai Bluffs Stabilization Project; planned to seek re- appropriation; the amendment allowed two legislative sessions to accomplish the re- appropriation. • Planned to be out of town January 19 -26. • Budget process was underway. • Kenai Central High School hosted the 2016 regional hockey tournament on February 4 -6. • Asked for direction on advancement of the Comprehensive Plan. MOTION: Councilor Navarre MOVED to give $500 from the contingency fund to help sponsor the regional hockey tournament, if available; the motion was SECONDED by Vice Mayor Gabriel. It was suggested that because the donation was not time sensitive, it should be on a published agenda. MOTION: Councilor Molloy MOVED to postpone to the next meeting; the motion was SECONDED by Council Member Boyle. VOTE: YEA: Knackstedt, Molloy, Porter, Gabriel, Boyle NAY: Navarre "Student Representative Drury: YEA City of Kenai Council Meeting Page 11 of 14 January 6, 2016 MOTION PASSED. MOTION: Councilor Knackstedt MOVED to direct the City Manager to proceed with the update of the Comprehensive Plan utilizing the 2013 Comprehensive Plan as the basis; the motion was SECONDED by Council Member Navarre. The point was made that the 2013 Comprehensive Plan was rejected by the voters and suggested that the process be started over. It was noted that the issues that came up prior to the election were with protection of neighborhoods and a zoning issue; not the whole document and some sections could be salvaged. MOTION: Councilor Molloy MOVED to postpone to the next meeting; the motion was SECONDED by Council Member Boyle. VOTE: YEA: Molloy, Boyle NAY: Knackstedt, Porter, Gabriel, Navarre " *Student Representative Drury: NAY MOTION FAILED. Administration clarified no budgetary resources were requested, but if it was determined funds were necessary, a budget amendment would be sent to Council. VOTE: YEA: Knackstedt, Porter, Gabriel, Navarre NAY: Molloy, Boyle "Student Representative Drury: YEA MOTION PASSED. 2. City Attorney — Reviewed the amendment memo for the marijuana zoning ordinance which was provided in the packet. 3. City Clerk — no report. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. City of Kenai Council Meeting Page 12 of 14 January 6, 2016 2. Council Comments Council Member Navarre appreciated the reconsideration vote; advised he might be traveling at the next meeting. Council Member Knackstedt noted an upcoming Kenai Historical Society meeting. Vice Mayor Gabriel noted that Kenai lost by one point in the alumni hockey game; reported on the status of the urban set -net ban which was ongoing; also reported the Board of Adjustment had reached a decision in the Garrettson matter regarding the emotional support horse. Student Representative Drury stated the basketball team lost to Homer Council Member Molloy thanked Council for passing the ordinance setting forth procedure for canceling meetings; noted regulations and policies for public records requests were not online. L. EXECUTIVE SESSION — To Discuss an Unsolicited Offer to Purchase Airport Property Lot 1 Block 1 Gusty Subdivision, a Matter of which the Immediate Knowledge would Clearly have an Adverse Effect Upon the Finances of the City [AS 44.62.310(c)(1)]. MOTION: Vice Mayor Gabriel MOVED to convene Kenai City Council in executive session to discuss an unsolicited offer to purchase airport property, Lot 1, Block 1, Gusty Subdivision, a matter of which the immediate knowledge would clearly have an adverse effect upon the finances of the City; the motion was SECONDED by Council Member Navarre. The City Manager and City Attorney were invited to the executive session. VOTE: YEA: Molloy, Boyle, Knackstedt, Porter, Gabriel, Navarre NAY: MOTION PASSED UNANIMOUSLY. The City Council reconvened in open session. It was explained that Council went into executive session to discuss the potential sale of airport property, Lot 1, Block 1, Gusty Subdivision and no direction was given. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:13 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 6, 2016. City of Kenai Council Meeting Page 13 of 14 January 6, 2016 *"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 Page 14 of 14 January 6, 2016