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HomeMy WebLinkAbout2016-01-20 Council MinutesKENAI CITY COUNCIL— REGULAR MEETING JANUARY 20, 2016 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 VICE MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on January 20, 2016, in City Hall Council Chambers, Kenai, AK. Vice Mayor Brian Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Vice Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor (telephonic) Robert Molloy Terry Bookey Tim Navarre (telephonic) A quorum was present. Also in attendance were: Henry Knackstedt Brian Gabriel, Vice Mayor Mike Boyle "Hannah Drury, Student Representative Terry Eubank, Acting City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy Clerk 3. Agenda Approval Vice Mayor Gabriel noted the following requested revisions /additions to the agenda /packet: Add to Item D. 1 Ordinance No. 2870 -2016 • Correspondence in Opposition • Correspondence in Opposition Add to Item H. 2 Airport Commission Report • Correspondence from Director MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Councilor Bookey SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Councilor Knackstedt MOVED to approve the consent agenda; Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. Vice Mayor Gabriel 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. Bill Lierman & Brandy Niclai, Alaska Permanent Capital Management Brandy Niclai presented a review of the status of the Permanent Fund Dividend reporting an overall growth. Provided a broad picture of the financial market for 2015; noted a muted return in the U.S. stock market and increased volatility. Also noted the Federal Reserve was normalizing interest rates. C. UNSCHEDULED PUBLIC COMMENTS Fred Braun, spoke in favor of selling airport lease lands noting there was only interest in properties along the Kenai Spur Highway. He suggested looking at the delinquencies of the accounts in the area pointing out that selling would be in the best interest of the City as selling to someone investing in the City would help to improve its general appearance. Also noted that investors and contractors avoid lease lands. Duane Bannock, spoke about the administrative policy on the sale of airport lands; requested consideration of past precedent, requirement of a property improvement plan, as well as overall and long -term benefits to the City. Charlie Yamada, spoke regarding her continued research to get a bowling alley operational. She explained she was preparing a proposal and researching funding options. D. PUBLIC HEARINGS City of Kenai Council Meeting Page 2 of 17 January 20, 2016 Ordinance No. 2870 -2016 — 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. MOTION: Councilor Bookey MOVED to enact Ordinance No. 2870 -2016; the motion was SECONDED by Council Member Molloy. Vice Mayor Gabriel opened the public hearing. Audrey Gifford spoke on behalf of the Kenaitze Indian Tribe; read a resolution passed by the Tribe requesting exemption of marijuana in Old Town Kenai and noting that the Tribe had invested heavily in the revitalization of Old Town. Allan Fields spoke in favor of a 1,000 foot buffer from school property lines to provide a safe environment for schools. He noted that it was a felony to possess marijuana on school grounds and students found to be in possession would receive a minimum of 30 days of out of school suspension. Loran Reese spoke in favor of a 1,000 foot buffer from schools noting that doing so would send a message to the voters regarding access to marijuana. Robin Dahlman echoed the comments of Fields and Reese regarding the 1,000 foot buffer from schools. Vaughn Dosko also spoke in favor of at least a 1,000 foot buffer; noted he would like to see more as youth were exposed to many situations and drugs made things worse. Larry Nauta echoed comments from the tribe and those that spoke before him noting that keeping drugs away from students would make them more successful. There being no one else wishing to be heard, the public hearing was closed. MOTION: Councilor Bookey MOVED to suspend the rules and consider agenda item F. 1. at this point in the meeting; the motion was SECONDED by Council Member Molloy. YEA: Porter, Boyle, Molloy, Knackstedt, Gabriel, Bookey, Navarre NAY: "Student Representative Drury: YEA F. UNFINISHED BUSINESS City of Kenai Council Meeting Page 3 of 17 January 20, 2016 1. Action /Approval — Donation of $500 to Help Sponsor the Regional Hockey Tournament Hosted by Kenai Central High School. [Clerk's Note: At its meeting on January 6, 2016, Council postponed this item to the following meeting. A motion to approve is on the floor.] Vice Mayor Gabriel opened the floor to public testimony. Representatives from the hockey team thanked Council for considering a donation; noted they were hosting the regional tournament and relayed some of the information regarding the costs associated. They also invited Council to attend their annual steak feed fundraiser. There being no one else wishing to be heard, public testimony was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. (Clerk's Note: Council returned to order of business on the floor; Ordinance No. 2870 -20161 MOTION TO AMEND: Council Member Molloy MOVED to amend by deleting the definition of "Marijuana Accessories" provided in Section 3 under KMC 14.20.320(b) — Definitions and delete the words "Marijuana Accessories" from Section 4 in 14.20.330(d) — Standards for Commercial Marijuana Establishments, and delete the words "Marijuana Accessories" from the 14th "WHEREAS" clause. The motion was SECONDED by Council Member Knackstedt. It was clarified that the purpose was to remove the regulation of marijuana accessories, which was unnecessary and unintentionally affected existing businesses selling tobacco products. VOTE ON THE AMENDMENT: YEA: Porter, Boyle, Molloy, Knackstedt, Gabriel, Bookey, Navarre NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. It was noted that by not requiring a fully enclosed indoor facility or a greenhouse that there would need to be subsequent removal of the word "indoor" from the definitions of "Marijuana Cultivation Facility, Indoor Standard," and "Marijuana Cultivation Facility, Indoor Limited" and that the definitions needed amended to match the definitions the state had adopted after amending their regulations. It was also clarified that there would still be a Marijuana Cultivation Facility, Standard and Marijuana Cultivation Facility, Limited, the only difference would be the square footage under cultivation and if reverting to the state's definition, a recommendation from the Planning & Zoning Commission regarding net floor area would be excluded. City of Kenai Council Meeting Page 4 of 17 January 20, 2016 Councilor Molloy MOVED to amend by changing definitions of "Marijuana Cultivation Facility, Indoor Standard," and "Marijuana Cultivation Facility, Indoor Limited," as follows "Marijuana Cultivation Facility, Standard" means an entity registered to cultivate in an area greater than 500 feet under cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers and "Marijuana Cultivation Facility, Limited" means an entity registered to cultivate in an area of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers; the motion was SECONDED by Council Member Boyle. It was noted that removing the prohibition on growing in a non -rigid greenhouse or outdoors should be voted on first, to see if it passed before amending the definitions. The motion was withdrawn tT, [Sigel !2te7_L51=[ZI a3 Councilor Molloy MOVED to amend Section 4 of the Ordinance, KMC 14.20.330(d) Standards for Commercial Marijuana Establishments, to remove the prohibition on growing in a non -rigid greenhouse and /or outdoors so the section reads, 'The preparation, packaging, manufacturing, processing or storing of all Marijuana, Marijuana Concentrate or Marijuana Products must be conducted within a fully enclosed secure indoor facility. The growing and cultivating of marijuana must be conducted within a fully enclosed, secure indoor facility or greenhouse with view obscuring rigid walls, a roof and doors, unless a non -rigid greenhouse, other structure or outdoor cultivation is specifically approved, in which case the cultivation must be enclosed by a sight obscuring wall or fence at least six feet high.'; the motion was SECONDED by Council Member Bookey. MOTION TO AMEND THE AMENDMENT: Council Member Knackstedt MOVED to amend the amendment by removing the words, "or outdoor cultivation," and it was SECONDED by Councilor Navarre. It was noted that the reasons for removal was because outdoor cultivation was unlikely due to the climate and also due to the odor as a fence wouldn't enclose the odor. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Porter, Knackstedt, Gabriel, Bookey, Navarre NAY: Boyle, Molloy "Student Representative Drury: YEA MOTION PASSED. VOTE ON THE AMENDED AMENDMENT: City of Kenai Council Meeting Page 5 of 17 January 20, 2016 YEA: Porter, Boyle, Molloy, Knackstedt, Gabriel, Bookey, Navarre NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Molloy MOVED to delete the 1511 "WHEREAS," clause and amend the 14th "WHEREAS," clause to now read, "WHEREAS, the growing, cultivation, preparation, packaging, manufacturing, processing or storing of all Marijuana, Marijuana Concentrate or Marijuana Products should only be conducted within a fully enclosed secure indoor facility or greenhouse with view obscuring rigid walls, a roof and doors, unless a non -rigid greenhouse or other structure is specifically approved and enclosed by a sight obscuring wall or fence at least six feet high to promote health and safety; and, "; the motion was SECONDED by Council Member Bookey. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Councilor Bookey MOVED to amend Section 4 of the Ordinance by removing the word 'outdoor" throughout, including the definitions which would be amended to read as follows, "Marijuana Cultivation Facility, Standard" means an entity registered to cultivate in an area greater than 500 square feet under cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers and "Marijuana Cultivation Facility, Limited" means an entity registered to cultivate in an area of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers, amend section 4, subsection j to read, "A Marijuana Cultivation Facility, Standard, Marijuana Cultivation Facility, Limited, or a Marijuana Cultivation Broker Facility, Indoor shall only be allowed on a lot which has an existing structure consistent with a principal permitted use," and amend the land use table to change "Marijuana Cultivation Facility, Outdoor Standard" to "Marijuana Cultivation Facility, Standard," and "Marijuana Cultivation Facility, Outdoor Limited," to read "Marijuana Cultivation Facility, Limited "; the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. MOTION TO AMEND: Councilor Knackstedt MOVED to amend Section 4 of the ordinance, KMC 14.20.330(f)(1) — Standards for Commercial Marijuana Establishments to change the buffers and read 1,000 feet of any primary and secondary schools (K -12) and 500 feet of any vocational programs, post- secondary schools including but not limited to trade, technical, or vocational schools, colleges and universities, recreation or youth centers, correctional facilities, churches, state licensed City of Kenai Council Meeting Page 6 of 17 January 20, 2016 substance abuse treatment facilities providing substance abuse treatment, and state licensed clinics providing substance abuse treatment; and,"; the motion was SECONDED by Mayor Porter. Definitions of clinics and treatment facilities were discussed. MOTION TO AMEND THE AMENDMENT: Councilor Boyle MOVED to amend the amendment by removing the words, "state licensed clinics providing substance abuse treatment, "; the motion was SECONDED by Council Member Molloy. It was noted that any other clinic providing treatment could be subjected to the requirement. VOTE ON THE AMENDMENT TO THE AMENDMENT: YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. It was noted that the Department of Health and Human Services definition on their website would be used to create a definition for proposal in the future. It was clarified that the Cole memorandum does not state drugs should be kept 1,000 feet from schools, only that drugs should be kept out of children's hands. VOTE ON THE AMENDED AMENDMENT MOTION: YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel NAY: " *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Knackstedt MOVED to amend the 71h "WHEREAS," clause to read, "WHEREAS, this ordinance is consistent with the federal Drug Free School Zone Act and Colorado, Oregon and Washington buffer requirements providing a 1,000 foot buffer around K -12 schools, and "; the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT MOTION: There being no objection; SO ORDERED. Experiences visiting marijuana retail stores in Seattle and Portland were reported; specifically the number of times identification was checked. It was noted that after the visit, there was less worry of marijuana getting into unintended users hands, but would still likely be an issue with the black market. MOTION TO AMEND: City of Kenai Council Meeting Page 7 of 17 January 20, 2016 Councilor Bookey MOVED to amend by deleting from KMC 14.20.320 — Definitions, "Housing Facility Owned by a Public Housing Authority with Children as Residents," "Playground," "Swimming Pool," and "Youth Center," and adding a definition entitled, "Recreation or Youth Center," which would state, "a building, structure, athletic playing field, or playground, run or created by a local government or the state to provide athletic, recreational, or leisure activities for minors, or operated by a public or private organization, licensed to provide shelter, training, or guidance for persons under 21 years of age. "; the motion was SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT. Unanimous Consent was opposed; it was suggested that anyone could set up any mowed green space and call it a recreation or youth center requiring a buffer. Clarification was provided that the definition matched the State's so the State was going to regulate it anyway. Objection was withdrawn. VOTE ON THE AMENDMENT MOTION: There being no objection; SO ORDERED. MOTION TO AMEND: Councilor Knackstedt MOVED to amend by replacing KMC 14.20.330(f)(2) in its entirety and replacing with, "Buffer distances shall be measured as the closest distance from the perimeter of a stand -alone commercial marijuana establishment structure to the property line of the property use being buffered from. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the property line of the property use being buffered from. "; the motion was SECONDED by Mayor Porter. It was suggested the definition was too onerous. It was clarified that if ever the City's measurements were more lenient than the State's the State's would govern. MOTION TO AMEND THE AMENDMENT: Councilor Bookey MOVED to amend the amendment to read, in its entirety, "Buffer distances shall be measured as the closest distance from the perimeter of a stand -alone commercial marijuana establishment structure to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church, correctional facility, or a substance abuse treatment facility providing substance abuse treatment. If the commercial marijuana establishment occupies only a portion of a structure, buffer distances are measured as the closest distance from the perimeter of the closest interior wall segregating the commercial marijuana establishment from other uses, or available uses in the structure, or an exterior wall if closer, to the outer boundaries of the school, recreation or youth center, or the main public entrance of a church or correctional facility, a substance abuse treatment facility providing substance abuse treatment. "; the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT TO THE AMENDMENT MOTION: YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel NAY: * *Student Representative Drury: YEA City of Kenai Council Meeting Page 8 of 17 January 20, 2016 MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED AMENDMENT MOTION: YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel NAY: * *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilor Molloy MOVED to amend the land use table by making Marijuana Testing Facilities a permitted use in the Light Industrial and Heavy Industrial zones; the motion was SECONDED by Council Member Bookey. VOTE ON THE AMENDMENT MOTION: YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel NAY: * *Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. Old Town's positioning related to the General Commercial and Central Commercial zones was clarified. MOTION TO AMEND: Councilor Bookey MOVED to amend the land use table by permitting Marijuana Cultivation Facility, Standard, Marijuana Cultivation Facility, Limited, Retail Marijuana Store, and Marijuana Product Manufacturing Facilities in the General Commercial zone by Conditional Use; the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT MOTION: There being no objection; SO ORDERED. MOTION TO AMEND: Councilor Molloy MOVED to amend the 13t1 "WHEREAS," clause to read, "WHEREAS, Commercial Marijuana Establishments should only be allowed by Conditional Use subject to the provisions of Kenai Municipal Code Section 14.20.150 to allow the Planning & Zoning Commission to evaluate each establishment to ensure consistency with Commercial Marijuana Regulations and the goals of the Kenai Zoning Code except for Marijuana Testing Facilities in the IL and IH zones which are consistent with other permitted uses in these zones, and,'; the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There were no objection; SO ORDERED MOTION TO AMEND: January 20, 2016 Councilor Bookey MOVED to amend the land use table by permitting Marijuana Retail Stores by Conditional Use in the Central Mixed Use zone; the motion was SECONDED by Council Member Molloy. It was clarified the only affect the amendment would have on Old Town was that the properties on the Kenai Spur Highway, accessed only by the highway, would be allowed by Conditional Use Permit, VOTE ON THE AMENDMENT: YEA: Knackstedt, Navarre, Bookey, Boyle, Molloy NAY: Porter, Gabriel "Student Representative Drury: YEA MOTION PASSED. MOTION TO AMEND: Councilor Bookey MOVED to amend the land use table by allowing Marijuana Cultivation Facilities, Standard and Marijuana Cultivation Facilities, Limited as a permitted use instead of by Conditional Use in the Light Industrial and Heavy Industrial zones; the motion was SECONDED by Council Member Molloy. It was suggested that marijuana be permitted uses in some zones and Use everywhere. There was opposition noting that the citizens should new industry before it was allowed as a permitted use. VOTE ON THE AMENDMENT: YEA: Bookey, Boyle, Molloy NAY: Porter, Gabriel, Navarre, Knackstedt "Student Representative Drury: NAY MOTION FAILED. MOTION TO AMEND: not be solely Conditional be comfortable with the Councilor Bookey MOVED to amend the land use table by allowing Marijuana Retail Store as a permitted use instead of by Conditional Use in the Light Industrial and Heavy Industrial zones; the motion was SECONDED by Council Member Molloy. VOTE ON THE AMENDMENT: YEA: Bookey, Boyle, Molloy NAY: Porter, Gabriel, Navarre, Knackstedt "Student Representative Drury: NAY MOTION FAILED. City of Kenai Council Meeting Page 10 of 17 January 20, 2016 MOTION TO AMEND: Councilor Molloy MOVED to amend by deleting references to Marijuana Cultivation Broker Facilities, from section 3 of KMC 14.20.320 — Definitions. Deleting "Marijuana Brokerage Facilities," from the definition of "Marijuana Cultivation Facility," Deleting the definition of "Marijuana Cultivation Broker Facility, Indoor" in its entirety, and amend section 4 by removing, "or a Marijuana Cultivation Broker Facility, Indoor," in subsection 0) and amend section 5 by removing "Marijuana Cultivation Broker Facility, Indoor' from the land use table in KMC 14.22.010.; the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There were no objection; SO ORDERED. MOTION TO AMEND: Councilor Bookey MOVED to amend KMC 14.20.230 — Home Occupations subsection (c)(8) by adding, "with the exception of Marijuana Cultivation Facility, Limited" after Commercial Marijuana Establishment; the motion was SECONDED by Council Member Molloy. It was clarified that the amendment would allow a Marijuana Cultivation Facility, Limited, less than 500 square feet as a home occupation. It was further clarified that there would be a requirement of both a Conditional Use Permit and a Home Occupation Permit in addition to the Marijuana Control Board license. It was further clarified that Marijuana Cultivation Facility, Limited was allowed by Conditional Use in the Residential Zone on a property greater than 40,000 square feet. The motion was withdrawn MOTION TO AMEND: Councilor Bookey MOVED to amend KMC 14.20.330(i) to read as follows, "a person or licensee may apply for a Conditional Use Permit to allow for a Marijuana Cultivation Facility, Standard on lots of forty thousand (40,000) square feet or greater in size, and a Marijuana Cultivation Facility, Limited on any size lot in the following zones: Rural Residential (RR), Rural Residential -1 (RR -1), Suburban Residential (RS), Suburban Residential -1 (RS -), Suburban Residential -2 (RS -2), Urban Residential (RU), or Limited Commercial (LC). "; the motion was SECONDED by Council Member Molloy. It was clarified that a Conditional Use Permit would be required, but a Home Occupation Permit would not. It was further clarified that in the case of multifamily dwelling, if a tenant wanted to apply for a Marijuana Cultivation Facility, Limited, a Conditional Use Permit would be required and it would be up to the landlord to restrict through rental agreement if the operation was not wanted on their property. VOTE ON THE AMENDMENT: YEA: Boyle, Molloy, Bookey, Knackstedt NAY: Porter, Navarre, Gabriel "Student Representative Drury: YEA MOTION PASSED. City of Kenai Council Meeting Page 11 of 17 January 20, 2016 MOTION: Councilor Bookey MOVED to amend the definition of Home Occupation in KMC 14.20.320 — Definitions, by deleting, "excluding commercial marijuana establishments. "; the motion was SECONDED by Council Member Molloy. It was clarified the language was redundant. VOTE ON THE AMENDMENT: YEA: Boyle, Molloy, Bookey, Knackstedt, Navarre, Gabriel NAY: Porter "Student Representative Drury: YEA MOTION PASSED. The Planning and Zoning Commission and staff was thanked for their efforts, the community thanked for weighing in. Appreciation was expressed for the distilling provided by the Legal Department. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Boyle, Molloy, Gabriel, Bookey, Navarre, Porter, Knackstedt NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 2. 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. MOTION: Councilor Molloy MOVED to enact Ordinance No. 2871 -2016; the motion was SECONDED by Council Member Boyle. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that Council was the local regulatory authority on liquor licenses. VOTE: YEA: Porter, Knackstedt, Navarre, Gabriel, Boyle, Molloy, Bookey NAY: "Student Representative Drury: YEA City of Kenai Council Meeting Page January 20, 2016 MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Council Member Boyle MOVED to enact Ordinance No. 2872 -2016. The motion was SECONDED by Councilor Molloy. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted there was an error in the fund name in the title. MOTION TO AMEND: Council Member Molloy MOVED to amend the title by replacing the words, "General and Municipal Roadway Improvements Capital Projects Funds," with the words, "Personal Use Fishery and Municipal Roadway Improvements Funds." The motion was SECONDED by Councilor Boyle. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There were no objections; SO ORDERED VOTE ON THE MAIN MOTION AS AMENDED: YEA: Porter, Knackstedt, Bookey, Molloy, Navarre, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 4. 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. MOTION: Councilor Bookey MOVED to enact Ordinance No. 2873 -2016; the motion was SECONDED by Council Member Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. The Library Director was thanked for her efforts to obtain grants. VOTE: YEA: Porter, Knackstedt, Bookey, Molloy, Navarre, Gabriel, Boyle City of Kenai Council Meeting Page 13 of 17 January 20, 2016 NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 5. Ordinance No. 2874 -2016 — Appropriating Insurance Proceed Received for Damage to City Street Lights. MOTION: Councilor Molloy MOVED to enact Ordinance No. 2874 -2016; the motion was SECONDED by Council Member Bookey. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Porter, Knackstedt, Bookey, Molloy, Navarre, Gabriel, Boyle NAY: "Student Representative Drury: YEA MOTION PASSED UNANIMOUSLY. 6. Resolution No. 2016 -02 — Pertaining to the Authorized Investments of, the Investment Allocations of, and Establishing Appropriate Benchmarks to Measure Performance of the City's Permanent Funds. MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2016 -02; the motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There were no objections; SO ORDERED. E. MINUTES 1. "Regular Meeting Minutes of January 6, 2016 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS 1. Action /Approval — Donation of $500 to Help Sponsor the Regional Hockey Tournament Hosted by Kenai Central High School. [Clerk's Note: At its meeting on January 6, 2016, Council postponed this item to the following meeting. A motion to approve is on the floor.] City of Kenai Council Meeting January 20, 2016 [Clerk's Note: Council suspended the rules and considered this item out of order earlier in the meeting during item D. 1.] 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. 2875 -2016 — Reappropriating State Grant Funds in the Park Improvement Capital Project Fund and Appropriating State Grant Funds in the Municipal Roadway Improvements Capital Project Fund. Introduced on the consent agenda and public hearing set on February 3, 2016. 4. *Ordinance No. 2876 -2016 — Reappropriating State Grant Funds in the Park Improvement Capital Project Fund and Appropriating State Grant Funds in the Multi - Purpose Facility Improvements Capital Project Fund. Introduced on the consent agenda and public hearing set on February 3, 2016. 5. *Ordinance No. 2877 -2016 — Appropriating Funds in the General and City Shop Improvements Capital Project Fund for the Construction of Crew Facilities and a Building Maintenance Area in the New Warm Storage Facility. Introduced on the consent agenda and public hearing set on February 3, 2016. 6. *Ordinance No. 2878 -2016 — Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Funds for the 2016 Security Camera Project. Introduced on the consent agenda and public hearing set on February 3, 2016. 7. Action /Approval —Mayoral Nomination and Council Confirmation of Appointing Diane E. Barth to the Parks & Recreation Commission. MOTION: Councilor Molloy MOVED to confirm the Mayor's nomination of appointing Diane E. Barth to the Parks & Recreation Commission; the motion was SECONDED by Council Member Bookey who requested UNANIMOUS CONSENT. VOTE: There were no objections; SO ORDERED. 8. Discussion Item — Amending Title 2 of the Kenai Municipal Code — Alcoholic Beverages, to Include Provisions Regarding Marijuana. City of Kenai Council Meeting Page 15 of 17 January 20, 2016 It was suggested that inclusion of regulations regarding marijuana license approval or objection, into Kenai Municipal Code, may be in order. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — no report; next meeting February 11. 2. Airport Commission — it was reported that the Commission met with the Planning & Zoning Commission on January 13 regarding rezoning airport lands. It was also reported that at their regular meeting on January 14, Feeken was re- elected as Chair, recommendation was made to move the reserve line and building restriction line, and the Commission unanimously requested changing their meeting time to 6:00 p.m.; next meeting February 11. 3. Harbor Commission — no report; next meeting February 8. 4. Parks and Recreation Commission — no report; next meeting February 4. a. Kenai Outdoor Opportunity Location Committee — it was reported that at their January 12 meeting, the Committee reviewed the draft presentation to Council and made recommendations for revisions; next meeting January 26 to finalize the presentation. 5. Planning and Zoning Commission — it was reported that the Chair and Vice -Chair were re- elected. A work session on the draft abandoned mobile home ordinance was scheduled for January 27. 6. Beautification Committee — it was reported that signage and winter decorations were discussed, and a Chair and Vice -Chair were elected; next meeting April 12. 7. Mini -Grant Steering Committee — no report. REPORT OF THE MAYOR Mayor Porter reported on the following: • Noted new artwork from Kaleidoscope in City Hall and a weaving display at the Visitor Center. • Would be discussing marijuana with the Mayor of Lyndall, TX and was invited to attend the State of The City presentation. ADMINISTRATION REPORTS 1. Acting City Manager reported on the following: • Provided a status update on the FY17 budget preparation process. 2. City Attorney — no report. 3. City Clerk — no report. City of Kenai Council Meeting Page 16 of 17 January 20, 2016 K. ADDITIONAL PUBLIC COMMENT None. 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Council Member Boyle reported that his son, Clay Boyle, had summited Aconcagua, the tallest mountain in Argentina. Council Member Knackstedt noted he was glad the meeting started at 6:00 p.m. due to the amount of business before them. Student Representative Drury stated the Leadership Committee was working on the next dance and also a "Pennies For Patients" fundraiser. Council Member Navarre noted he could hear well, listening from the internet, except the Clerk when she put her head down to write. L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:50 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of January 20, 2016. - 1;b,� I 6Z San ra o igh, C C City erk "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 17 of 17 January 20, 2016