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HomeMy WebLinkAbout2016-04-06 Council MinutesKENAI CITY COUNCIL — REGULAR MEETING APRIL 6, 2016 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR PAT PORTER, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on April 6, 2016, in City Hall Council Chambers, Kenai, AK. Mayor Pat Porter called the meeting to order at 6:02 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Henry Knackstedt Terry Bookey Mike Boyle 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 Robert Molloy Tim Navarre Brian Gabriel, Vice Mayor Mayor Porter noted the following items to be added to the packet: Move G. 13 Providing Direction to the City Manager on Meeting with United To first item after Way regarding Office Space. Unscheduled public Comment. Remove G. 9 Approving a Special Use Permit for Burning the Midnight Oil From the agenda for Terminal Space Lease. Memorandum Add to item D.2 Resolution No. 2016 -14 • Supporting Material Add to item E. 1 Meeting Minutes • March 16, 2016 Minutes Add to item F. 1 Reconsideration of Ordinance 2882 -2016 • Correspondence Add to item F.2 Resolution No. 2016 -10 —VIP LID • Memorandum Add to item G.6 Providing Direction to the City Attorney on Local Marijuana Clubs • Memorandum • Correspondence MOTION: Council Member Molloy MOVED to approve the agenda with requested additions and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. 4. Consent Agenda MOTION: Council Member Gabriel MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Items G.3, G.4, and G.5 were removed from the consent agenda. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *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 Kurt Reynolds member of Green Rush Events asked for removal of the moratorium on cannabis clubs suggesting it was unwarranted. He noted cannabis was a beneficial resource and when associating it with illegal activities, led to a presumption of guilt. He also noted the Planning & Zoning complaint had been revoked. City of Kenai Council Meeting Page 2 of 13 April 6, 2016 G. 13. Discussion /Action — To Provide Direction to the City Manager to Meet with Representatives of the United Way Regarding the Temporary use of Vacant Office Space Owned by the City of Kenai. [Clerk's Note: This item was moved to this point in the meeting during approval of the agenda.] Mayor Porter passed the gavel, disclosed that she was a board member and donated to United Way. Vice Mayor Gabriel ruled that there was not a conflict and allowed participation. Vice Mayor Gabriel disclosed that he was the campaign fundraising co -chair for United Way, but did not receive payment for his efforts. Mayor Porter ruled that there was not a conflict and allowed participation. Mayor Porter explained United Way's financial difficulties and need for a small office space; temporary in nature. Administration advised that a one -year Special Use Permit could be utilized. It was noted that United Way was a positive impact to the City. MOTION: Council Member Molloy MOVED to direct the manager to meet with United Way representatives and negotiate a Special Use Permit for use of temporary office space owned by the City of Kenai and the motion was SECONDED by Council Member Boyle. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. D. PUBLIC HEARINGS 1. Resolution No. 2016 -13 — Amending City Council Policy 2014 -01, Kenai Council Public Recognition Policy, to Provide Letters of Recognition and Plaques for City Committee, Commission and the Council on Aging Members After Five and Ten Years of Service Respectively. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2016 -13 and the motion was SECONDED by Council Member Knackstedt. Mayor Porter opened the public hearing; there being on one wishing to be heard, public comment was closed. It was noted that it was important to recognize the volunteers that serve the community and that something should be put into place to keep the recognition going; it was also noted that an appreciation dinner had been done in past but was contingent on funding being budgeted which could be eliminated in the future. MOTION TO AMEND: City of Kenai Council Meeting Page 3 of 13 April 6, 2016 Council Member Gabriel MOVED to amend third line by adding after the word "plaque," "or other honorarium," and the motion was SECONDED by Council Member Molloy. Unanimous Consent requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE: There being no objections, SO ORDERED. 2. Resolution No. 2016 -14 — Requesting that the Legislature and Governor Enact Legislation Including Cost Reductions and Revenue Enhancement to Address Current and Future State of Alaska Budgets During the 2016 Legislative Session. MOTION: Council Member Gabriel MOVED to adopt Resolution No. 2016 -14 and the motion was SECONDED by Councilor Bookey. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that it was important that the legislature have the support regarding difficult decisions that needed to be made to close the fiscal gap; it was also noted that other communities adopted similar resolutions. MOTION TO AMEND: Council Member Bookey MOVED to amend by removing the gth whereas clause and amending the 8th whereas clause to read as follows, "it is clear that a complete fiscal plan to provide a sustainable and predictable budget will require using a blend of spending reductions, use of the earnings of the Permanent Fund and additional new revenues in the form of broad -based taxes and other general fund sources ;" and the motion was SECONDED by Councilor Navarre. UNANIMOUS CONSENT was requested. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE: There being no objections, SO ORDERED. E. MINUTES 1." Regular Meeting of March 16, 2016 Minutes were approved by the consent agenda. F. UNFINISHED BUSINESS — 1. Reconsideration of Ordinance No. 2882 -2016 —Waiving a Sale Restriction Imposed by Kenai Municipal Code Section 21.05.010(B) with Respect to Lot 1, Block 1, Gusty Subdivision (KPB Parcel No. 04327008) Located within the Airport Reserve; Authorizing the Sale of Lot 1, Block 1, Gusty Subdivision to Ronald and Shirley Smith; City of Kenai Council Meeting Page 4 of 13 April 6, 2016 and Determining that Lot 1, Block 1 Gusty Subdivision is Not Needed for a Public Purpose. [Clerk's Note: At the March 16 meeting, Mayor Porter, who voted on the prevailing side, requested a reconsideration be placed on the next meeting agenda for consideration.] The Mayor passed the gavel to Vice Mayor Gabriel. MOTION: Mayor Porter MOVED to reconsider Ordinance No. 2882 -2016 and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Gabriel, Porter, Navarre NAY: Bookey, Boyle, Molloy MOTION PASSED. [Clerk's Note: The effect of the reconsideration vote put the motion to adopt back on the floor.] MOTION: Councilor Navarre MOVED to suspend the rules and open a public comment period and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Gabriel, Molloy, Porter, Navarre, Bookey NAY: Boyle MOTION PASSED. Mayor Porter opened the public hearing; there being no one wishing to be heard, the public hearing was closed. It was noted that the Airport Commission deemed the property unusable; it was also noted that the property was in distress on Kenai Spur Highway. Reference was made to Kenai Municipal Code section 21.05.010(b) which indicated the property fell within a boundary that wouldn't be sold and that the line needed to be moved before the property was sold. It was noted that the Airport Commission recommended a boundary line move. VOTE: YEA: Knackstedt, Gabriel, Porter, Navarre, NAY: Boyle, Bookey, Molloy City of Kenai Council Meeting Page 5 of 13 April 6, 2016 MOTION PASSED. 2. Resolution No. 2016 -10 —Confirming the Assessment Roll on the VIP Drive Lid Street Improvement Special Assessment District. (Clerk's Note: At its March 16 meeting, Council postponed the Resolution to the April 6 meeting allowing the City Manager to review to process and report to Council. A motion to approve is on the floor. The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential.] MOTION: Council Member Molloy MOVED to convene in executive session to discuss the matter pursuant to AS 44.62.310(c)(1)(3) a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential and the motion was SECONDED by Council Member Gabriel. The presence of the City Attorney, City Clerk & City Manager was requested. VOTE: YEA: Knackstedt, Gabriel, Molloy, Porter, Boyle, Navarre, NAY: Bookey MOTION PASSED. It was noted that direction was given to the City Manager. MOTION: Council Member Navarre MOVED to postpone Resolution No. 2016 -10 to the April 20 meeting at which time a substitute resolution would be provided and the motion was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. G. NEW BUSINESS 1. "Action /Approval — Bills to be Ratified. Approved by the consent agenda. 2. Action /Approval — Renewal of Liquor License No. 204 for Applicant G &P, Inc. D /B /A George's Casino Bar. Approved by the consent agenda. 3. "Ordinance No. 2883 -2016 — Amending Kenai Municipal Code Section 21.15.260 — Acquisition of Real Property, to Allow for Acquisition of Real Property Outside the City of Kenai Council Meeting Page 6 of 13 April 6, 2016 Airport Reserve as Airport Lands for Public Use, Including Use for Establishing and Maintaining Buffer Zones. [Clerk's Note: This item was removed from the consent agenda at approval of the consent agenda.] MOTION: Council Member Molloy MOVED to introduce Ordinance No. 2883 -2016 and the motion was SECONDED by Council Member Boyle. MOTION: Council Member Molloy MOVED to postpone introduction of Ordinance No. 2883 -2016 to the May 4 meeting and the motion was SECONDED by Council Member Knackstedt. It was noted that the subject was not time sensitive; that the full Council would not be present at the April 20 meeting and postponement allowed full participation. VOTE: YEA: Knackstedt, Gabriel, Molloy, Porter, Bookey, Boyle NAY: Navarre MOTION PASSED. 4. "Ordinance No. 2884 -2016 — Enacting Kenai Municipal Code Section 14.20.065 — Airport Light Industrial Zone, Amending Kenai Municipal Code Section 14.22.010 — Land Use Table and Kenai Municipal Code Chapter 14.24— Development Requirements Table, to add the Airport Light Industrial Zone. [Clerk's Note: This item was removed from the consent agenda at approval of the consent agenda.] MOTION: Council Member Knackstedt MOVED to introduce Ordinance No. 2884 -2016 and set public hearings for April 20 and May 4 and the motion was SECONDED by Council Member Navarre. It was noted that the additional public hearing was for the benefit of full participation by the Council. MOTION: Council Member Molloy MOVED to postpone introduction of Ordinance No. 2884 -2016 to the May 4 meeting with the public hearings to be scheduled at the time of introduction and the motion was SECONDED by Council Member Bookey. VOTE: City of Kenai Council Meeting Page 7 of 13 April 6, 2016 YEA: Gabriel, Molloy, Bookey, Boyle NAY: Porter, Navarre, Knackstedt MOTION PASSED. 5. *Ordinance No. 2885 -2016— Amending the Official Kenai Zoning Map by Rezoning 51 Parcels Owned by the City of Kenai, Located within the Airport Reserve Boundary from Conservation Zone, Rural Residential Zone, Suburban Residential Zone, and Light Industrial Zone to Airport Light Industrial Zone and Ratifying the Application to the Planning And Zoning Commission for the Amendments. MOTION: Council Member Knackstedt MOVED to introduce Ordinance No. 2885 -2016 and set public hearings for April 20 and May 4 and the motion was SECONDED by Council Member Navarre. It was noted that the additional public hearing was for the benefit of full participation by the Council. MOTION: Council Member Molloy MOVED to postpone introduction of Ordinance No. 2885 -2016 to the May 4 meeting with the public hearings to be scheduled at the time of introduction and the motion was SECONDED by Council Member Bookey. VOTE: YEA: Gabriel, Molloy, Bookey, Boyle, Navarre, Knackstedt NAY: Porter MOTION PASSED. 6. Action /Approval — To Provide Direction to the City Attorney Regarding Enforcement of the City's Moratorium on Existing Local Marijuana Clubs. [Clerk's Note: The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(c)(3), a matter by which law, municipal charter, or ordinance are required to be confidential.] The City Attorney advised that an executive session may not be in order unless litigation strategy was discussed and also advised that there was a Resolution in place authorizing him to file lawsuits but didn't provide for filing for injunctive action on a business by way of a moratorium. The Attorney reviewed his memo, which was included in the laydown, noting that the moratorium was put in place to wait for the state to develop regulations around Clubs. It was noted that the establishment had been served with a zoning complaint, but since clubs weren't addressed in the code, it was not a zoning issue and the complaint was withdrawn. It was asked whether the establishment had pre- existing condition rights; it was explained that pre- existing condition rights presumed the activity was legal before the law went into place, and the club was not considered legal prior to the laws and moratorium being enacted. _ City of Kenai Council Meeting Page 8 of 13 April 6, 2016 There was discussion regarding the definition of a club, specifically whether the club was public or private and whether the fee was for a daily membership or monthly dues. MOTION: Council Member Navarre MOVED to go into executive session to discuss strategy or legal ramifications that pursuant to AS 44.62.310(c)(3), a matter by which law, municipal charter, or ordinance are required to be confidential and requested the attendance of the City Manager, City Attorney, and City Clerk and the motion was SECONDED by Council Member Knackstedt. It was noted that if the decision was for support for developing regulations, deliberations could done in open session. The motion was withdrawn with concurrence of the second. It was noted that the issue of legalizing clubs needed to be looked at and regulations were needed before it would be allowed in the City. MOTION: Council Member Navarre MOVED to go into executive session to discuss strategy or legal ramifications that pursuant to AS 44.62.310(c)(3), a matter by which law, municipal charter, or ordinance are required to be confidential and the motion was SECONDED by Council Member Knackstedt. The presence of the City Attorney, City Clerk & City Manager was requested. VOTE: YEA: Knackstedt, Bookey, Gabriel, Molloy, Porter, Boyle, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted that direction was given to the City Attorney. MOTION: Council Member Gabriel MOVED to direct the City Attorney file a lawsuit and seek injunctive relief and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Bookey, Gabriel, Molloy, Porter, Navarre NAY: Boyle MOTION PASSED. City of Kenai Council Meeting Page 9 of 13 April 6, 2016 7. Action /Approval — Approving a Settlement Agreement with Teea Winger regarding Kenai Cafe Operations. (Clerk's Note: The Council may convene in executive session to discuss this matter pursuant to AS 44.62.310(c)(1), a matter of which the immediate knowledge may have an adverse effect upon the finances of the City.] Administration requested executive session. MOTION: Council Member Molloy MOVED to convene in executive session to discuss a Settlement Agreement with Teea Winger regarding Kenai Cafe Operations, pursuant to AS 44.62.310(c)(1), a matter of which the immediate knowledge may have an adverse effect upon the finances of the City and could affect the reputation and character of a person and the motion was SECONDED by Council Member Bookey. The presence of the City Attorney, City Clerk & City Manager was requested. VOTE: YEA: Knackstedt, Gabriel, Molloy, Porter, Boyle, Navarre, Bookey NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and noted that direction was provided to the City Attorney. 8. Action /Approval —Approving a Special Use Permit to HDL Engineering Consultants, LLC for Building /Land Lease. Council Member Navarre declared that his corporation, which he collects money from, rents to HDL Engineering Consultants. The Mayor ruled that Council Member Navarre had a conflict and ordered him to abstain from participating. Administration provided an explanation that equipment utilized for analyzing asphalt would be operated in the space and were not appropriate in an office style setting; there was also discussion regarding how the lease rate was determined. MOTION: Council Member Gabriel MOVED to approve a Special Use Permit to HDL Engineering Consultants, LLC for a building lease of airport property and the motion was SECONDED by Council Member Knackstedt. VOTE: YEA: Knackstedt, Gabriel, Molloy, Porter, Boyle, Bookey NAY: City of Kenai Council Meeting Page 10 of 13 April 6, 2016 ABSTAIN: Navarre MOTION PASSED UNANIMOUSLY. 9. Action /Approval — Approving a Special Use Permit to Louise Nutter, D /B /A Burning the Midnight Oil for Terminal Space Lease. This item was removed from the agenda. 10. Action /Approval — Approving a Special Use Permit to the State of Alaska Division of Forestry for an Apron Lease. MOTION: Council Member Bookey MOVED to approve a Special Use Permit to the State of Alaska Division of Forestry for an apron lease and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 11. Action /Approval — Schedule a Work Session to Discuss Senior Center Funding and the Multi- Purpose Facility Expansion — Build out. Administration provided explanation that conceptual designs for the Multi- Purpose Facility Expansion — Build out were available for review and also wanted to discuss Senior Center Funding due to the loss of funding in Choice Waiver program through State of Alaska. It was decided that a work session would be held on April 18 at 5:30 p.m. to discuss both matters. 12. Action /Approval — Schedule a Work Session to Discuss Proposed Ordinances Relating to Establishment of Airport Light Industrial Zone and the Rezoning of Parcels to Airport Light Industrial. It was noted that the introduction of the ordinances relating to this topic were postponed to May 4. MOTION: Council Member Molloy MOVED to postpone scheduling a work session to discuss the ordinances to May 4 and the motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. VOTE: There being no objections, SO ORDERED. 13. Discussion /Action — To Provide Direction to the City Manager to Meet with Representatives of the United Way Regarding the Temporary use of Vacant Office Space Owned by the City of Kenai. [Clerk's Note: At approval of the agenda, this item was moved to the first item of business after Unscheduled Public Comment.] City of Kenai Council Meeting April 6, 2016 H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — No report; next meeting April 14 2. Airport Commission — No report; next meeting April 14. It was noted that the April 14 meeting would be Commission Member Porter's last meeting and a plaque for his eleven years of service would be presented. 3. Harbor Commission — No report; next meeting April 11 4. Parks and Recreation Commission — No report; next meeting April 7 5. Planning and Zoning Commission — It was reported that a work session was held on March 23 to review the All Hazard Mitigation Plan. It was also reported that during the regular meeting a Variance regarding the size of a lot allowing a 4 -plex was approved and a Conditional Use Permit for allowing a Marijuana Retail Store and Cultivation Facility was postponed to allow the attorney time to research the question whether an adjacent home used for homeschooling would necessitate the buffer zone around schools. 6. Beautification Committee — No report; next meeting April 12 7. Mini -Grant Steering Committee — No report. I. REPORT OF THE MAYOR Mayor Porter reported on the following: • Attended the Senior Citizen Pie Auction for the Meals On Wheels program; commended the Senior Center for an outstanding job. • Noted that Coffee with the Mayor was successful. • Provided a Proclamation for the Lee Shore Center for Sex Assault Awareness month. • Noted another Alaska LNG project coffee with the community April 14 at the Kenai Visitor Center. J. ADMINISTRATION REPORTS City Manager reported on the following: • Establishing a working group for developing a policy for the lease /sale of airport property. • Noted two upcoming town hall meetings to discuss the the Comprehensive Plan. • Noted the legislature was busy working on the budget; considering a bill for tax credits on gas purchased from Cook Inlet Basin; a bill recently introduced to tax Permanent Fund Dividends. • Explained a new version of a municipal revenue sharing bill that had been presented that needed changes. 2. City Attorney — no report. City of Kenai Council Meeting Page 12 of 13 April 6, 2016 3. City Clerk — Provided a reminder that financial disclosures were due April 15 and also noted she and the City Attorney were providing Open Meetings Act and Parliamentary Procedures training to committees and commissions. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments Councilor Knackstedt commended Larry Porter for his years of service, including donating his time as CEO of the Challenger Learning Center; noted he spoke at the Russian Orthodox Church; attended the Comprehensive Plan town hall meeting; attended the pie auction at the Senior Center, as well as coffee with the mayor. Council Member Molloy thanked his colleagues for postponing the items regarding rezoning properties and echoed Councilor Knackstedt's comments regarding Larry Porter. Vice Mayor Gabriel thanked the public for attending the meeting; thanked Larry Porter for his years of dedicated service to the Airport Commission; noted he attended the Comprehensive Plan town hall meeting and the pie auction at the Senior Center; commended Duane Bannock for auctioneering at the pie auction. He also noted that employees would be asked to do self - evaluations prior to the formal evaluation, explained that there was a deadline going to be missed and so sent the letter of support for Robert Ruffner based on past actions, and thanked Council for their support of United Way office rental and the policy for recognitions for committees and commissions. Council Member Navarre noted that the Governor would be at the Chamber of Commerce on April 7 to discuss the budget. L. EXECUTIVE SESSION — None Scheduled M. PENDING ITEMS — None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:36 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of April 6, 2016. San ra odigh, CMJ City e k City of Kenai Council Meeting Page 13 of 13 April 6, 2016