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HomeMy WebLinkAbout2016-02-17 Council PacketAGENDA KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 17, 2016, 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. Holly Ward – Reintroduction of the Kenai Business Improvement Plan. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2879-2016 – Accepting and Appropriating Funds Donated to the Kenai Animal Shelter. ....................................................................... Pg. 5 2. Ordinance No. 2880-2016 – Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund – Fire Department for Grant from Kenai Peninsula Emergency Services, Inc. to Assist in Providing a Paramedic Refresher Course to Department Personnel. .......................................... Pg. 7 3. Resolution No. 2016-05 – Awarding an Agreement for Construction of South Beach Access Road 2015-2016. ............................................................. Pg. 9 4. Resolution No. 2016-06 – Awarding a Professional Services Contract for Airport Security Guard Services at the Kenai Municipal Airport to Guardian Security Services, Inc., for the Period March 1, 2016 through February 28, 2019. ..................................................................................................... Pg. 13 Kenai City Council Meeting Page 2 of 3 February 17, 2016 E. MINUTES 1.*Regular Meeting of January 20, 2016 .................................................... Pg. 15 2.*Regular Meeting of February 3, 2016 ...................................................... Pg. 33 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 41 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 43 3. *Action/Approval – Renewal of Liquor License for Main Street Tap and Grill. ............................................................................................................. Pg. 45 4. *Ordinance No. 2881-2016 – Appropriating Funds in the General and Comprehensive Plan Project Funds for the Update of the 2003 City of Kenai Comprehensive Plan. ............................................................................ Pg. 51 5. Action/Approval – Revise the Meeting Start Time for the Airport Commission from 7:00 p.m. to 6:00 p.m., as Requested by the Commission and Pursuant to Council Policy 2016-01. ..................................................................... Pg. 59 6. Action/Approval – Recording Work Sessions of Commissions and Committees where the Comprehensive Plan Revision is the Topic of Discussion until the Comprehensive Plan is Adopted by City Council. 7. Action/Approval – Authorizing Vice-Mayor Gabriel to Accompany City Manager Koch to Juneau, AK to Meet with Legislators on behalf of the City. 8. Discussion – Amending Title 2 of the Kenai Municipal Code – Alcoholic Beverages, to Include Provisions Regarding Marijuana. ....................... Pg. 61 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission a. Kenai Outdoor Opportunity Location Committee ..................... Pg. 65 5. Planning and Zoning Commission ...................................................... Pg. 69 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager Kenai City Council Meeting Page 3 of 3 February 17, 2016 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 Scheduled. M. PENDING ITEMS – None N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the Kenai Chamber of Commerce & Visitor Center. 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. [PAGE LEFT BLANK INTENTIONALLY] Page 4 of 76 Page 5 of 76 Page 6 of 76 Page 7 of 76 Page 8 of 76 Page 9 of 76 Page 10 of 76 Page 11 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 12 of 76 Page 13 of 76 Page 14 of 76 KENAI 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) Henry Knackstedt Robert Molloy Brian Gabriel, Vice Mayor Terry Bookey Mike Boyle Tim Navarre (telephonic) A quorum was present. Also in attendance were: **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 Page 15 of 76 MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Councilor Book ey 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 Page 16 of 76 1. 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 Page 17 of 76 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. 2870-2016] 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. Page 18 of 76 MOTION TO AMEND: 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. MOTION TO AMEND : 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: Page 19 of 76 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 15th “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 Page 20 of 76 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 7th “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: Page 21 of 76 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 Page 22 of 76 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 13th “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 : Page 23 of 76 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 not be solely Conditional Use everywhere. There was opposition noting that the citizens should be comfortable with the 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 : 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. Page 24 of 76 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 (j) 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. Page 25 of 76 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 Page 26 of 76 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 Page 27 of 76 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.] Page 28 of 76 [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. Page 29 of 76 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. I. 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. J. 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. Page 30 of 76 K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 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. _____________________________ Sandra Modigh, CMC City Clerk **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 Page 31 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 32 of 76 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 3, 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 February 3, 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 (absent) Henry Knackstedt Robert Molloy Brian Gabriel, Vice Mayor Terry Bookey (absent) Mike Boyle Tim Navarre A quorum was present. Also in attendance were: Rick Koch, 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. 5 Resolution No. 2016-03 • Amendment Memorandum • Correspondence from Resident MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions and requested UNANIMOUS CONSENT. Councilor Navarre SECONDED the motion. VOTE: There being no objections, SO ORDERED. Page 33 of 76 4. Consent Agenda MOTION: Councilor Navarre MOVED to approve the consent agenda; Council Member Knackstedt 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 C. UNSCHEDULED PUBLIC COMMENTS None. D. PUBLIC HEARINGS 1. 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. MOTION: Councilor Navarre MOVED to enact Ordinance No. 2875-2016; 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. Administration clarified that the project included reconstruction down to non-frost susceptible soil and curbs and gutters in addition to repaving the street. VOTE: YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. Page 34 of 76 2. 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. MOTION: Councilor Knacktstedt MOVED to enact Ordinance No. 2876-2016; the motion was SECONDED by Council Member Navarre. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: YEA: Knackstedt, Navarre, Gabriel, Boyle, Molloy NAY: MOTION PASSED UNANIMOUSLY. 3. 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. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2877-2016. The motion was SECONDED by Councilor Knackstedt. Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted the upgraded facilities would be a benefit for the crew in the long run. VOTE: YEA: Knackstedt, Mol loy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 4. Ordinance No. 2878-2016 – Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Funds for the 2016 Security Camera Project. MOTION: Councilor Knackstedt MOVED to enact Ordinance No. 2878-2016; the motion was SECONDED by Council Member Molloy. Page 35 of 76 Vice Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Administration clarified that the project was anticipated to be out to bid before summer. VOTE: YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. 5. Resolution No. 2016-03 – Repealing Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions, and Approving City Council Policy 2016-01 as its Replacement, Establishing Procedures for Such Bodies. MOTION: Councilor Knackstedt MOVED to adopt Resolution No. 2016-03; the motion was SECONDED by Council Member Molloy. Vice Mayor Gabriel opened the public hearing. Bob McIntosh, Kenai Resident, suggested more meetings be recorded; noted staff’s concerns regarding equal application and record retention. There being no one wishing to be heard, the public hearing was closed. MOTION TO AMEND : Councilor Molloy MOVED to amend section 2.a. to delete “recommendation of administration and,” so the section would read “A subcommittee of a commission or committee may be established for a specific function upon approval of Council.”; the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. It was clarified that the motion removed a recommendation by Administration as a precondition. Unanimous consent was objected. It was suggested that Administration’s recommendation was appropriate. It was noted that Administration wasn’t removed but a recommendation by Administration would no longer be a condition. VOTE ON THE AMENDMENT MOTION: YEA: Molloy, Navarre, Boyle NAY: Gabriel, Knackstedt MOTION PASSED. Point of order was called for clarification on the appropriate number of yes votes to pass. The Clerk stated that Robert’s Rules indicated that a majority of those assembled could pass a motion and Kenai Municipal Code only overrode that rule in passage of an ordinance where it Page 36 of 76 called for a majority of the body. No references could be found in code indicating a majority of the body was required in other situations. The point of order was rescinded. MOTION TO AMEND : Councilor Molloy MOVED to amend section 5.c. to insert “At a minimum,” so the section would read “At a minimum, work sessions shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least 5 days prior to the meeting.” And 6.b. to insert “At a minimum,” to the beginning and, “The Planning and Zoning Commission’s public notice requirements are also regulated by KMC 1420.280.” so the section would read, “At a minimum, meeting notices shall be posted on the Official City Bulletin Board in Kenai City Hall and on the city website at least 5 days prior to the meeting. The Planning and Zoning Commission’s public notice requirements are also regulated by KMC 14.20.280.”; the motion was SECONDED by Council Member Knackstedt. It was clarified that the request was not onerous due to code requirements and the City would not be out of compliance if the website was down as other means to advertise would be used. VOTE ON THE AMENDMENT MOTION: YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND : Councilor Knackstedt MOVED to amend section 6.g. by removing the wording in parenthesis after, “A majority of votes is required to pass a motion.”; the motion was SECONDED by Council Member Molloy. It was noted that the code was confusing and the amendment provided clarification. VOTE ON THE AMENDMENT MOTION: YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. A point of order was called to determine whether or not it was germane to discuss recording Planning and Zoning Commission work sessions regarding the Comprehensive Plan revision. It was ruled that the topic would need to be separate on an advertised agenda. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Molloy, Navarre, Gabriel, Boyle NAY: MOTION PASSED UNANIMOUSLY. Page 37 of 76 6. Resolution No. 2016-04 – Setting the Time and Place for a Public Hearing on the VIP Drive Special Assessment District. MOTION: Councilor Navarre MOVED to adopt Resolution No. 2016-04 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt. VOTE: There were no objections; SO ORDERED. E. MINUTES 1.*Regular Meeting Minutes of January 20, 2016 [Clerk’s Note: The minutes were not provided in the packet and were inadvertently not included as a laydown item, so no action was taken.] 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. *Action/Approval – Renewal of Liquor Licenses: • New Peking and Sushi • Katina’s Greek & Italian Restaurant • Pizza Hut #9 • The Upper Deck Approved by the consent agenda. 4. *Ordinance No. 2879-2016 – Accepting and Appropriating Funds Donated to the Kenai Animal Shelter. Introduced on the consent agenda and public hearing set on February 17, 2016. 5. *Ordinance No. 2880-2016 – Increasing Estimated Revenues and Appropriations by $1,500 in the General Fund – Fire Department for Grant from Kenai Peninsula Emergency Services, Inc. to Assist in Providing a Paramedic Refresher Course to Department Personnel. Introduced on the consent agenda and public hearing set on February 17, 2016. Page 38 of 76 6. Action/Approval – Schedule a Joint Work Session with Council, the KOOL Committee and Parks & Recreation Commission to Receive the Final Presentation on the Feasibility and Cost for the Phased Construction of a Park Facility. It was decided a joint meeting with the Parks & Recreation Commission, City Council, and the KOOL Committee would be held on March 3. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – no report; next meeting February 11. 2. Airport Commission – no report; 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 the next meeting would be held on February 23 to finalize the presentation for the March 3 joint meeting. 5. Planning and Zoning Commission – it was reported that a work session was held on January 27 to continue discussion regarding an abandoned mobile home ordinance. It was also reported that during their Regular Meeting, the Commission approved plats for the South Beach Access project and the Evergreen Property for the Kenai Performers; next meeting Feb. 24. 6. Beautification Committee – no report; next meeting April 12. 7. Mini-Grant Steering Committee – no report. I. REPORT OF THE MAYOR Vice Mayor Gabriel reported on the following: • Damage assessments to infrastructure caused by the January 24 earthquake was ongoing. • Visited the emergency shelter during the Lilac Lane evacuation; noted the desire for information by evacuees. The police chief and acting city manager were commended for providing information as quickly as possible. • Attended the Industry Outlook Forum hosted by the Kenai Peninsula Economic Development District; presented on behalf of the City. • Attended a volunteer appreciation event for animal control volunteers. J. ADMINISTRATION REPORTS 1. City Manager reported on the following: • Governor attended briefing held on January 31 to see damage caused by the January 24 earthquake. • Commended the Kenai Police Department Captain on duty for evacuating prior to explosion and subsequent fires. Page 39 of 76 • Ongoing drilling for well development. • Response to a request for proposals distributed for help with the Comprehensive Plan revision; would be before Council soon. • Planning trip to Juneau toward the end of February to discuss the Bluff Erosion project, Wastewater Treatment Plant upgrades, and Payment In Lieu of Taxes. 2. City Attorney – no report. 3. City Clerk – provided a reminder of the Alaska Municipal League meetings in Juneau; noted City Hall would be closed on February 15; provided a reminder of the joint work session with the Airport Commission on February 23. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Charlotte Yamada stated she was going to submit a proposal, within a week, to acquire and renovate the former bowling alley building and space. Bob Bush stated there wasn’t anything more important than a bowling alley returning to the space. Paul Irwin suggested that when reviewing bowling alley proposals, consideration be given that renovations will take a long time; also noted the band shell being considered would be used periodically for a four month period of time at a cost of one million dollars; added that bowling is year round and offers scholarships. 2. Council Comments Council Member Navarre thanked first responders, Enstar and Homer Electric Association (HEA) for their efforts on the fire caused by the earthquake on January 24. Council Members Boyle and Molloy echoed Navarre’s comments. Council Member Knackstedt thanked Koch for the damage briefing subsequent to the earthquake; noted he learned about how the City works with Enstar and HEA. Thanked the first responders; thanked Vice Mayor Gabriel for his thorough report and his involvement throughout the incident. L. EXECUTIVE SESSION – None Scheduled. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:18 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 3, 2016. _____________________________ Sandra Modigh, CMC City Clerk Page 40 of 76 Page 41 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 42 of 76 Page 43 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 44 of 76 MEMORANDUM TO: Mayor and City Council Members FROM: Sandra Modigh, City Clerk DATE: February 11, 2016 RE: Liquor License Renewal The following establishment has submitted an application to the Alcoholic Beverage Control Board for renewal of its liquor license: • Main Street Tap & Grill Pursuant to KMC 2.40, a review of City accounts has been completed and the applicants have satisfied all obligations to the City. With the approval of Council, a letter of non-objection to the renewal of the liquor license will be forwarded to the ABC Board and the applicant. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 45 of 76 Page 46 of 76 Page 47 of 76 Page 48 of 76 Page 49 of 76 Page 50 of 76 Page 51 of 76 Page 52 of 76 Page 53 of 76 Page 54 of 76 Page 55 of 76 Page 56 of 76 Page 57 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 58 of 76 MEMO: TO: Mayor & City Council Members FROM: Council Member Knackstedt DATE: February 2, 2016 SUBJECT: Revise Airport Commission Meeting Start Time At its January 14, 2016 meeting, the Airport Commission unanimously approved a motion recommending Council revise its meeting start time from 7:00 p.m. to 6:00 p.m. Pursuant to City Council’s Policy No. 2016-01 adopted on February 3, 2016, Council may approve a revised meeting start time via motion. The Airport Commission is requesting City Council revise the Commissions start time to 6:00 p.m. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 Page 59 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 60 of 76 Title 2 ALCOHOLIC BEVERAGES Chapters: 2.05 Intoxicating Liquor Defined 2.10 Transfer of Liquor License 2.15 Conformity to State Liquor Laws 2.20 Sales on Election Day 2.25 Consumption 2.30 Drunkenness in Certain Places Prohibited 2.35 Violation of Chapter 2.40 Approval of an Activity of a Licensee Chapter 2.05 INTOXICATING LIQUOR DEFINED Sections: 2.05.010 Definition. 2.05.010 Definition. As used in this title, “intoxicating liquor” includes whiskey, brandy, rum, gin, wine, ale, port, or beer, and all other spirituous, vinous malt, and other fermented or distilled liquors intended for human consumption and containing more than one percent (1%) alcohol by volume. (KC 2-1) Chapter 2.10 TRANSFER OF LIQUOR LICENSE Sections: 2.10.010 Public hearing. 2.10.020 Police to investigate. 2.10.030 Hearing standards. 2.10.010 Public hearing. A public hearing may be held prior to any City Council approval of transfer or issuance of such licenses and establishments. Said public hearing shall be held by the City Council of the City of Kenai, Alaska, at its regular meeting times or such other special hearing date as may be convenient to all parties concerned. Such public hearings shall be publicly advertised in a newspaper of general circulation at least once prior to the holding of the public hearing, and notice thereof shall be posted on the City Council bulletin board, and such other notice as may be directed by the City Council. (KC 2-2, Ord. 918) 2.10.020 Police to investigate. A police investigation of the premises and application for transfer or issuance may be conducted prior to the public hearing form the proposed transfer or issuance. (KC 2-3, Ord. 918) 2.10.030 Hearing standards. A hearing pursuant to this Code shall inquire into the manner of conduct of the premises licensed for liquor dispensary operation and the Council may establish standards for the individual licensee in question, to be incorporated into a resolution, with respect to the premises which are the subject of the hearing in question to include, but not necessarily be limited to, the following: Page 61 of 76 (a) Conduct of the business by the transferee or applicant and employees, as well as past conduct of the transferor; (b) Maintenance of health standards on the premises in question or any improvements to be required; (c) Set an amount of public liability insurance to apply to the licensed premises which shall carry limits commonly referred to as not less than $20,000/100,000 or such other higher limits as may be required by the Council; (d) Payment to the City of all taxes or obligations of the premises involved and limited to such premises; (e) A requirement that the operations of the premises shall be for a period of not less than nine (9) months out of each calendar year of operation; (f) A finding that disorderly conduct has occurred on the premises at least three times in the course of any one particular calendar year—such violations to include instances where the licensee has failed to request assistance of the police in maintaining order; (g) And such other aspects of the proposed operation as would reasonably be a matter for public concern pursuant to the police powers of the City of Kenai, Alaska. (KC 2-4, Ord. 918) Chapter 2.15 CONFORMITY TO STATE LIQUOR LAWS Section: 2.15.010 Incorporation of State Statutes. 2.15.010 Incorporation of State Statutes. Incorporated as though set forth in full herein, are the following quoted provisions of the Statutes of the State of Alaska which are identified by section number and catchline title below: Sec. 04.16.052 Furnishing of alcoholic beverages to persons under the age of 21 by Licensees. Sec. 04.16.060 Purchase by persons under the age of 21. (KC 2-5 through 8; Ords. 188, 1428-91) Chapter 2.20 SALES ON ELECTION DAY Section: 2.20.010 Sales permitted. 2.20.010 Sales permitted. The provisions of AS 04.16.070 do not apply within the City of Kenai when elections are being held and intoxicating liquor may be sold or otherwise disposed of within the City of Kenai on election days in the same manner and pursuant to the same regulations as on other days. (Ord. 1428-91) Chapter 2.25 CONSUMPTION Section: 2.25.010 Prohibited in certain places. 2.25.010 Prohibited in certain places. No person shall consume intoxicating liquor on the public streets, alleys, parks, or other public places, unless specifically exempted in this chapter. A person shall not be held in violation of this section where it is shown that: Page 62 of 76 (a) Such person obtained such intoxicating liquor from a holder of a caterer’s permit, special events permit, or recreational site license issued by the State of Alaska; and, (b) Such person consumed such intoxicating liquor only while upon the premises described in the license or permit referred to in (1) above. (KC 2-10; Ord. 259) Chapter 2.30 DRUNKENNESS IN CERTAIN PLACES PROHIBITED Section: 2.30.010 Drunkenness in certain places prohibited. 2.30.010 Drunkenness in certain places prohibited. (KC 2-11; Ord. 525, Repealed) Chapter 2.35 VIOLATION OF CHAPTER Section: 2.35.010 Penalty. 2.35.010 Penalty. Any person, firm, or corporation who commits a violation as defined by this chapter or who otherwise violates any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided for misdemeanors in KMC 13.05.010. (KC 2-12; Ords. 1240, 1858-2000) Chapter 2.40 APPROVAL OF AN ACTIVITY OF A LICENSEE Sections: 2.40.010 Obligations to City. 2.40.020 Approval by Council. 2.40.010 Obligations to City. It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. (KC 2-13; Ord. 1489) 2.40.020 Approval by Council. The Council may approve a notice of non-objection for the renewal of any license or permit issued by the Alcoholic Beverage Control Board in the City of Kenai as long as the licensee(s) or permittee(s) has satisfied all obligation to the City or entered into a City approved payment plan with the Borough or City on any obligations owed to the City and the licensee(s) or permittee(s) is in compliance with such payment plan. If the licensee(s) or permittee(s) has an outstanding obligation to the City and a City approved payment plan has not been entered into, or if the licensee(s) or permittee(s) is not in compliance with the plan, the Council may cause a protest to be filed with the State Alcoholic Beverage Control Board. (Ord. 2778-2014) Page 63 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 64 of 76 KENAI OUTDOOR OPPORTUNITY LOCATION COMMITTEE MEETING JANUARY 26, 2016 KENAI CITY HALL, CITY COUNCIL CHAMBERS 6:30 P.M. CHAIRMAN BRIAN GABRIEL, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Gabriel called the meeting to order at 6:45 p.m. Roll was confirmed as follows: Committee Members present: B. Gabriel, S. Merry, M. Smith, A. Hull, 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 Parker MOVED to approve the agenda; Committee Member Smith SECONDED the motion. There were no objections, SO ORDERED. 3. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. 4. APPROVAL OF MINUTES a. December 15, 2015 MOTION: Committee Member Smith MOVED to approve the December 15, 2015 and January 12, 2016 meeting summary; Committee Member Hull SECONDED the motion. There were no objections, SO ORDERED. b. January 12, 2016 [Clerk’s Note: Both summaries were approved under agenda item 4. A.] 5. UNFINISHED BUSINESS a. Review Draft Presentation to Council There was discussion regarding formatting and presentation of the feasibility study to City Page 65 of 76 Council and the Parks and Recreation Commission.; tentatively scheduled for March 3 at 7:00 p.m.. It was suggested each sub-committee member present a certain section; appointments were made for review of the sections. It was noted that each committee member would also have an opportunity during the presentation to provide comments and pictures of past events. 6. NEW BUSINESS a. Discussion Item – Final Presentations A brief overview of the layout of the draft presentation was provided. It was explained that each section would be reviewed and comments were welcome. It was noted that supplemental information could be added as desired and that comments from the meeting would be noted and adjustments made. Recommendations for adjustments were as follows: • Include minutes from meetings as an appendix. • Tab sections for easy reference. • Correct misspelled names in the Executive Summary. • Add staff involvement to the Executive Summary. • Provide a brief narrative for each section. • Change the general work schedule/plan to reflect actual meeting dates and agendas. • Add all parcels considered but not selected to the appendix. • Relocate drawings to the Site Selection section. • Add to the Executive Summary, a reference to the Comprehensive Plan and Millennium Square. • Enhance the narrative for the Site Plan section. • Relocate Identification & Prioritizing Components and Stage to Site Selection section; enhance attributes the property affords. • Add a simple cost estimate table in the Executive Summary section. • Add to the Recommendations section, the need to explore grant opportunities. 7. DISCUSS PURPOSE OF NEXT MEETING Review the final presentation. 8. SCHEDULE FOR NEXT AND SUBSEQUENT MEETINGS It was decided that the next meeting would be held on February 23, 2016 at 6:30 p.m. 9. PUBLIC COMMENT Bob McIntosh noted the sub-committee did a good job putting together the report; suggested thought be given to a business plan and marketing strategies; suggested maintenance costs be addressed. 10. COMMITTEE QUESTIONS AND COMMENTS Page 66 of 76 11. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:55 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 67 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 68 of 76 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 27, 2016 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair Twait called the meeting to order at 7:02 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: R. Springer, J. Twait, K. Peterson, G. Pettey, J. Focose, D. Fikes Staff/Council Liaison present: City Planner M. Kelley, City Manager R. Koch, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; 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. e. *Excused Absences - J. Glendening 2. *APPROVAL OF MINUTES: January 13, 2016 Page 69 of 76 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) City Manager R. Koch presented information regarding the 2013 Comprehensive Plan and Council’s approval to move forward with amending it. He pointed out most of the plan was germane and may still be useful noting the two sections with conflicts would need the most work. He suggested holding two town hall meetings with the second meeting addressing the controversial topics and then beginning the work session process with the consultant. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) Sandra Lashbrook spoke with concern about the Comprehensive Plan being completed in four months when the last update took over a year and at that time there were contentious issues; noted there may not be enough time to get the public input needed. Bob McIntosh spoke about the process surrounding the Comprehensive Plan; suggested implementation of an oversight committee. Also suggested it go to the voters to avoid another initiative petition. 5. CONSIDERATION OF PLATS: a. PZ16-03 – Preliminary Original Plat of Evergreen Subdivision, 2016 Addition, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 City Planner Kelley reviewed his staff report recommending approval of the plat provided further development of the property conforms to federal, state and local regulations and a ten foot utility easement along the north boundary be added prior to recording. Chairman Twait opened the public hearing; there being no on wishing to be heard, the public hearing was closed. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16-03 with staff recommendations and Commissioner Fikes SECONDED the motion. VOTE: YEA: Pettey, Peterson, Fikes, Focose, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. b. PZ16-04 – Preliminary Original Plat of Dragseth Subdivision 2016 Addition, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 City Planner Kelley reviewed his staff report recommending approval of the plat noting that the property was to be used for the personal use fishery. Recommended further development Page 70 of 76 conform to federal, state and local regulations, Council approval of vacation of the rights-of-way for Royal Street, Dragnet Court and vacation of the drainage and utility easements; city manager sign plat acknowledging acceptance by the COK final plat. Chairman Twait opened the public hearing. Tim Navarre noted the City’s intent was to create equal or better access for the personal use fishery users. He also suggested the need for the vacation of the right-of-way west of Royal Street all the way south to the bluff, be in the findings. There being no one else wishing to be heard, the public hearing was closed. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16-04 with staff recommendations and Commissioner Fikes SECONDED the motion. MOTION TO AMEND: Commissioner Peterson MOVED to amend by including that it is the City’s intent to vacate the right-of-way west of Royal Street to the beach on Old Cannery Road subject to approval by Council and the state and recommend administration begin the process of vacation. Commissioner Fikes SECONDED the motion. Clarified that vacation of the section line has to be approved by state. It was further clarified that the state is aware of what the City was trying to do and that it was required due to providing access without crossing wetlands. VOTE ON THE AMENDMENT: YEA: Pettey, Peterson, Fikes, Focose, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Pettey, Peterson, Fikes, Focose, Twait, Springer NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. Page 71 of 76 10. REPORTS: a. City Council – Knackstedt reviewed action agenda of the January 20 Council meeting which was provided in the packet. Also reported that the Airport Commission voted to recommend their meetings start at 6pm. b. Borough Planning – no report; Commissioner Glendening was absent. c. Administration – Kelley reported on the following matters: • Council policy on Commission meetings being reconsidered by Council. • Work on the airport rezone was ongoing. • A 5-year update was needed on the all hazard mitigation plan. 11. PERSONS PRESENT NOT SCHEDULED: Bob McIntosh reiterated his earlier comments suggesting a citizen’s committee to oversee the comprehensive plan. Also suggested citizen facilitators to run the meetings and development of a committee to make recommendations to Planning & Zoning and Council. Tim Navarre pointed out that the policy on Commission meetings would give the Commissions flexibility. He also noted a number of people on the Council that thanked Commission for their work. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: February 10, 2016 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson pointed out that at the next work session, the commission should go over KMC 15.20 first and public comment should be closed until the end noting questions could be answered by going over the ordinance. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:09 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 72 of 76 Page 73 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 74 of 76 Page 75 of 76 [PAGE LEFT BLANK INTENTIONALLY] Page 76 of 76