WASILLA CITY COUNCIL CHAMBERS Was ill a City Hall, 290 A venue, Wasilla, :00

Transcription

1 Verne E. Rupright David Wilson, Seat A A. Clark Buswell Deputy Mayor, Seat B _._..._..._._..._JUJ' Seat C Colleen Sullivan-Leonard, Seat D SeatE Brandon Seat F WASILLA CITY COUNCIL CHAMBERS Was ill a City Hall, 290 A venue, Wasilla, l. ORDER 6:00 ALLEGIANCE V. SPECIAL VI. COMMISSION AND AGENCY REPORTS A. Planning Commission B. Parks and Recreation Commission C. Friends of Was ill a Public Library A. Public Hearings (3-Minutes Per Person) 1. Ordinance Serial No. Amending the Fiscal Year 2014 Budget by appropriating $95,000 from the Cemetery Fund for capital improvements to the City Cemetery.

2 2. Adopting 9.28 Illicit Synthetic Drugs, prohibiting drugs such as "Spice" and "Bath Salts" and providing for a minor offense (Sponsored by Mayor Rupright, Chief...,...,_..._...,"."" and Council Members Sullivan-Leonard) B. Persons to be Heard (3-Minutes Person) Minutes of Preceding Meetings 1. Regular Meeting: March 24, 20 B. Introduction of Ordinances: Recommended for Public Hearing on April 28,2014: 1. No. Providing for the adoption of the Annual Budget for the Fiscal Year 2015 and appropriating funds to carry out said budget. 2. Ordinance No. Amending Wasilla Municipal Code Title 3, Personnel, regarding Definitions, Recruitment, Selection, Promotion and Demotion, Work Hours, Holidays and Benefits, Paid Time Off and Other Leave, Separation related to classes of employees, and amending Was ill a Municipal Code Chapter 2.12, City Officers Generally regarding changing definitions of employees. 3. Ordinance Serial No : Amending the Fiscal Year 2014 budget by appropriating $ 1,962 from the capital improvement project fund for continuing architectural and engineering design services for the new library. 4. Ordinance Serial No. Amending Wasilla Municipal Code (WMC) B, Unauthorized Use of Parking Reserved for Persons with Disabilities, relating to general penalties. 5. No. Amending the FY20 14 budget by appropnatlng $15,000 to expenditures for repairs and improvements to the Meta Rose property. C. Resolutions Regular City Council Meeting Agenda April 14,2014 Page 2 of 4

3 1. 2. execute an agreement the Meta Rose Square (12) months. Accepting Mat-Su Borough. Authorizing Mayor to Valley Salon for leased space the amount of $7,200 for twelve 3. No. Authorizing the Mayor to execute an agreement with Big Daddy's Tobacco for leased space the Meta Rose Square the amount $33,591 for twenty-four (24) months. 4. Serial No. Transferring funds within an accounting fund the amount of $53,437 to cover FY2014 budget revisions. Action Memorandums 1. AM No. Contract extension for Gary Toth Consulting in the amount of $34,000 for transportation planning services. AM No. Contract award to Prosser-Dagg Construction Company in the amount of $273,603 for Water Building Phase AM No. Contract award to Lounsbury and Associates, Inc. in the amount of $200,000 for Strip Paving Engineering Services. 4. AM No. Contract Extension for Raven Engineering in the amount of $24,000 for the Iditapark Water Building engineering services. UNFINISHED BUSINESS X. NEW BUSINESS A. Budget Presentation on Ordinance Serial No by Troy Tankersley, Director of Finance COMMUNICATIONS A. Informational Memorandums Commission Minutes City of Was ill a Regular City Council Meeting Agenda April 14, 2014 Page 3 of 4

4 1. C ,2014 SESSION XV. Regular City Council Meeting Agenda April 14, 2014 Page 4 of 4

5 I. CALL The regular meeting of the Wasilla City Council was on Monday, April 2014, at the Was ill a City Council Chambers, Wasilla Alaska. Mayor Rupright called the meeting to order at 6 p.m. Council Members present and establishing a quorum were: Council Member David Wilson Council Member Gretchen O'Barr Deputy Mayor A. Clark Bus well Council Member Leone Harris Council Member Colleen Sullivan-Leonard Council Member Brandon Wall Staff in attendance were: Joan Klapperich, Recreational and Cultural Services Director Gene Belden, Interim Police Chief Bert Cottle, Interim Deputy Administrator Archie Giddings, Public Works Director Kristie Smithers, City Clerk Troy Tankersley, Finance Director Sarah Whiteley, Deputy Clerk Jon Marc Petersen, City Attorney III. PLEDGE OF ALLEGIANCE Mayor Rupright asked Deputy Mayor Buswell to lead the Pledge of Allegiance. IV. APPROVAL OF AGENDA Mayor Rupright inquired about modifications to the agenda. Council Member Wilson requested that Resolution Serial No be removed from the Consent Agenda and placed under New Business. GENERAL CONSENT: The agenda was approved as amended without objection. V. SPECIAL ORDERS OF THE DAY No special orders of the day. April 14, 2014 Page 1 of 10

6 VI. COMMISSION AND AGENCY REPORTS A. Planning Commission Mr. Giddings: Provided a report from the prior meeting; and Reported on a Planned Unit Development (PUD) to develop a 16-lot subdivision with one 4-plex per lot. B. Parks and Recreation Commission Ms. Klapperich: Reported on the 40th Anniversary Celebration; and Spoke to the planning of the Clean-Up Days event. C. Friends of Wasilla Public Library No report provided. VII. PUBLIC PARTICIPATION A. Public Hearings (3-Minutes Per Person) 1. Ordinance Serial No : Amending the Fiscal Year 2014 Budget by appropriating $95,000 from the Cemetery Fund for capital improvements to the City Cemetery. Mr. Giddings provided a report. Mayor Rupright opened the public hearing on Ordinance Serial No There being no one present who wished to speak, Mayor Rupright closed the public hearing and discussion moved to the Council. MOTION: Deputy Mayor Buswell moved to adopt Ordinance Serial No Discussion ensued. VOTE: The motion to adopt Ordinance Serial No passed unanimously. 2. Ordinance Serial No : Adopting Wasilla Municipal Code, Chapter 9.28 Illicit Synthetic Drugs, prohibiting drugs such as "Spice" and "Bath Salts" and providing for a minor offense penalty. (Sponsored by Mayor Rupright, Chief Belden, and Council Members Harris, O'Barr and Sullivan-Leonard) Mayor Rupright opened the public hearing on Ordinance Serial No April 14, 2014 Page 2 of 10

7 Mr. John Dewar: Spoke to the dangers of synthetic drugs; Stated that after-hour bars attract individuals availability of synthetic drugs; and Voiced approval of Ordinance No. surrounding areas due to Mr. Royal Bidwell: Spoke in favor Ordinance Serial No ; Commented on the dangers of synthetic drugs; and Recommended Ordinance go into effect immediately. Ms. Loi Ricker: Voiced approval of Ordinance Serial No ; Spoke to the dangers of synthetic drugs; and Commented on the record keeping of the Palmer Court. Ms. Carrie Stevens: Spoke to underage individuals in danger from synthetic drug use; Expressed sorrow as her nephew passed away due to synthetic drug use; Commented on similar laws banning synthetic drugs; Spoke to the dangers of synthetic drugs; and Urged the Council to adopt Ordinance Serial No and put it into effect immediately. Ms. Elizabeth Ripley, Executive Director, Mat-Su Health Foundation: Provided an overview of the Foundation; Spoke in favor of Ordinance Serial No ; Spoke to the dangers of synthetic drug use; Spoke to state legislation on synthetic drugs; Announced that Thrive Mat-Su and the Mat-Su Health Foundation support the Ordinance; and Urged the council to adopt the Ordinance. Mr. Michael P. Carson, Vice President and Recovery Specialist, My House: Commented on his prior testimony regarding the Ordinance; Provided an overview of the Controlled Substance Schedule statistics on synthetic drugs; Spoke in favor of Ordinance Serial No ; Spoke to the dangers of synthetic drugs; and Reported that youth are purchasing synthetic drugs Wasilla and selling them in Anchorage at a 400% markup. Ms. Staci Manior, Thrive Mat-Su: Read a resolution from Thrive Mat-Su in support of Ordinance Serial No ; and April14, 2014 Page 3 of 10

8 Spoke to the dangers of synthetic drugs. Mr. Robert Friesen: Spoke in support of Ordinance Serial No ; and Urged the Council to adopt the Ordinance. With no one else present wishing to speak Mayor Rupright closed the public hearing and discussion moved to the Council. MOTION: MOTION: Council Member Sullivan-Leonard moved to adopt Ordinance Serial No Council Member Harris moved a pnmary amendment to change the adoption date to April14, Discussion ensued. VOTE: The motion to adopt the primary amendment passed unanimously. Discussion ensued. MOTION: Council Member Wall moved a secondary amendment, page 3 and 4, lines 32-21, to strike the current language in , Prohibition of illicit synthetic drugs and replace the language to read as follows: Prohibition of illicit synthetic drugs. (A) It is a violation of this chapter for anya person tomay-:oot possess, provide, offer, display, produce, manufactur~ _distribute, market, advertise for sale, or sell or to offer any illicit synthetic drug. (B) A synthetic drug is illicit if: (1) The label: (a) Is false or misleading; (b) Does not specify the identity of the substances contained in the synthetic drug; or (c) Does not specify the name and place of business of the manufacturer, packer, or distributor; and (2) The synthetic drug has one or more of the following characteristics: City of Was ilia April 14, 2014 Page 4 of 10

9 substance in appearance, in chemical structure, or composition; for a particular use or purpose and the cost of the synthetic drug is for the same or similar use or purpose; (e) The synthetic drug contains a warning label stating or suggesting that the synthetic drug is in compliance with state laws regulating controlled substances; or (f) The synthetic drug is a product to which has been added a synthetic chemical or synthetic chemical compound that does not have a legitimate relationship to the advertised use of the product. (l\:) In determining v;hether a product is prohibited by this chapter, statements on package labeling such as "not for human consumption" may be disregarded v;hen other relevant factors, viev;ed alone or in totality, indicate that the product is intended to be consumed or ingested by humans or is a product regulated by this chapter. (B) Some of the other relevant factors that may be used to determine whether a product or sale is prohibited by this chapter include, but are not limited to: April14, 2014 Page 5 of 10

10 Discussion ensued. ( 1) Verbal or 1 vvritten representations at the point of sale or seizure regarding the purpose, methods, use, or effect of the product; (2) Aspects of the packaging or labeling suggesting that the user JNill achieve a "high," euphoria, relaxation, mood enhancement, or that the product has other effects on the body once ingested or consumed; (3) The cost of the product is disproportionately higher than other products marketed for the same use; (4) The product contains a 'Naming label stating or suggesting that the product is in compliance v1ith state or federal la\vs regulating controlled substances; (5) The product's name or packaging uses images or slang referencing an illicit street drug or compares the effects of the product to any illicit street drug; (6) Illicit or underground methods of sale or delivery are employed by the seller or provider; or (7) The product resembles an illicit street drug such as cocaine, methamphetamine, LSD, or marijuana. VOTE: The secondary amendment failed with Council Members Harris, O'Barr, and Sullivan-Leonard opposed and Buswell, Wall, and Wilson in favor. Mayor Rupright broke the tie by invoking his voting privilege in the negative. Discussion ensued. VOTE: The motion to adopt Ordinance Serial No , as amended, passed with Buswell, O'Barr, Sullivan-Leonard, and Wilson in favor and Wall opposed. B. Persons to be Heard (3-Minutes Per Person) Ms. Loi Ricker: Commented on cases dealt with at the Palmer Court that are dismissed; and Spoke to the crime in the area and the dangers of synthetic drugs. Mayor Rupright spoke the penalties of the code violation and expungement laws in the State of Alaska. Mr. Anthony Giovanni, owner, Big Daddy's Tobacco: April14, 2014 Page 6 of 10

11 Spoke in favor Resolution Serial No. Provided details on business; Spoke to the items that he sell in shop; and Noted that business will never sell synthetic drugs. Ms. Becky Stoppa, Health Education Manager, American Association: Spoke against Resolution Serial No. Spoke to the dangers of smoking; and Noted her concerns with the Association being in the same building as Daddy's Tobacco. CONSENT AGENDA A. Minutes of Preceding Meetings 1. Regular Meeting: March 24, 2014 Introduction of Ordinances: Recommended for Public Hearing on 28, 2014: 1. Serial No. Providing for the adoption of the Annual Budget for the Fiscal Year 2015 and appropriating funds to carry out said budget. 2. Ordinance Serial No. Amending Wasilla Municipal Code Title 3, Personnel, regarding Definitions, Recruitment, Selection, Promotion and Demotion, Work Hours, Holidays and Benefits, Paid Time Off and Other Leave, Separation related to classes of employees, and amending Wasilla Municipal Code Chapter 2.12, City Officers Generally regarding changing definitions of employees. 3. Ordinance Serial No : Amending the Fiscal Year 2014 budget by appropriating $151,962 from the capital improvement project fund for continuing architectural and engineering design services for the new library. 4. Ordinance Serial No : Amending Wasilla Municipal Code (WMC) B, Unauthorized Use of Parking Reserved for Persons with Disabilities, relating to general penalties. 5. Ordinance Serial No : Amending the FY2014 budget by appropriating $15,000 to expenditures for repairs and improvements to the Meta Rose property. C. Resolutions 1. Resolution Serial No : Accepting the transfer of Garden Terrace water system from the Mat-Su Borough. City of Was ill a April14, 2014 Page 7 of 10

12 2. Resolution Serial No : Authorizing the Mayor to execute an agreement with Valley Girls Salon for leased space in the Meta Rose Square in the amount of $7,200 for twelve (12) months. 3. Resolution Serial No : Transferring funds within an accounting fund in the amount of $53,437 to cover FY2014 budget revisions. D. Action Memorandums 1. AM No : Contract extension for Gary Toth Consulting in the amount of $34,000 for transportation planning services. 2. AM No : Contract award to Prosser-Dagg Construction Company in the amount of $273,603 for Iditapark Water Building Phase AM No : Contract award to Lounsbury and Associates, Inc. in the amount of $200,000 for Strip Paving Engineering Services. 4. AM No : Contract Extension for Raven Engineering in the amount of $24,000 for the Iditapark Water Building engineering services. MOTION: VOTE: Deputy Mayor Buswell moved to approve the Consent Agenda. The motion to approve the Consent Agenda passed unanimously. IX. UNFINISHED BUSINESS No unfinished business. X. NEW BUSINESS A. Resolution Serial No : Authorizing the Mayor to execute an agreement with Big Daddy's Tobacco for leased space in the Meta Rose Square in the amount of $33,591 for twenty-four (24) months. MOTION: Council Member Wilson moved to approve Resolution Serial No Discussion ensued. VOTE: The motion to approve Resolution Serial No passed with Council Members Buswell, Harris, Sullivan-Leonard, and Wall in favor, and Wilson and O'Barr opposed. B. Budget Presentation on Ordinance Serial No by Troy Tankersley, Director of Finance April14, 2014 Page 8 of 10

13 Mr. Tankersley presented a and provided an overview. Discussion ensued with a question and answer period. A. Informational Memorandums Commission Minutes 1. Parks and Recreation Con1mission: March 25, 2014 C. Committee Minutes 1. Library Building Committee: February 26, 2014 No action on communication items. XII. AUDIENCE COMMENTS (3-Minutes Person) Mr. John Dewar: Spoke to the dangers of synthetic drugs; Commented on concerns with certain council members; and Noted that the City looked nice this year. Ms. Loi Ricker: Spoke to the beautification budget; and Inquired about rules pertaining to City Council meetings. XIII. MAYOR, CLERK, ATTORNEY, AND COUNCIL COMMENTS Ms. Smithers: Spoke to the upcoming meeting schedule. Council Member Sullivan-Leonard: Thanked Council members for their work on Ordinance Serial No ; and Voiced approval of the contents of the Ordinance and that it was adopted. Council Member Wall: Thanked those involved with the 40th Anniversary Celebration; Voiced approval of the celebration; and Commented that he is looking forward to Clean-up Days. Council Member Wilson: City of Was ill a April14, 2014 Page 9 of 10

14 Noted that he voted against Resolution Serial No because he believed it went against the City's mission in promoting a healthy city; Commented he is looking forward to the budget process and the Clean Up Days event; and Spoke to possible upcoming legislation on litter control in the city. Council Member Harris: Addressed Ms. Ricker's concern pertaining to City Council Meeting protocol, and recommended reading Robert's Rules of Order; Voiced approval of the Ordinance Serial No being adopted; Spoke to the dangers of synthetic drugs; and Inquired about the status of the broker's opinion of value for Meta Rose Square. Mr. Giddings stated that he would present the land attorney's opinion, pertaining to Meta Rose Square, within the next two meetings. Council Member O'Barr: Voiced approval of adopting Ordinance Serial No ; and Spoke in favor of the 40th Anniversary Celebration. Mayor Rupright: Noted that he informed Chief Belden to dispatch patrol officers to notify businesses of the synthetic drug ordinance; Spoke to the upcoming budget; Voiced approval of the 40th Anniversary Celebration; Announced the lunar eclipse taking place; and Urged everyone to attend the Kink Goose Bay Road Reconstruction open house on Wednesday, April16, 2014 from 4-7 p.m. at the Wasilla Senior Center. XIV. EXECUTIVE SESSION No executive session. XV. ADJOURNMENT With no further business at hand Mayor Rupright adjourned the meeting at 8:03 p.m. ATTEST: KRISTIE SMITHERS, MMC, City Clerk Minutes approved: April 28, 2014 April14, 2014 Page 10 of 10