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Home My WebLink About2017-03-15 Council Packet KENAI CITY COUNCIL – REGULAR MEETING MARCH 15, 2017 – 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) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Resolution No. 2017-14 – Establishing a Moratorium on the Purchase of Standard Cemetery Plots for the Sole Purchase of Reserving a Cemetery Plot Not Being Used for Immediate Internment. ............................................. Pg. 5 2. Resolution No. 2017-15 – Awarding an Agreement for Construction of Inlet Woods Storm Drain Rehabilitation. ....................................................... Pg. 11 E. MINUTES 1. *Work Session of February 28, 2017 ....................................................... Pg. 13 2. *Regular Meeting of March 1, 2017 ......................................................... Pg. 15 3. *Work Session of March 7, 2017 ............................................................. Pg. 25 F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 27 2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 29 Kenai City Council Meeting Page 2 of 3 March 15, 2017 3. *Ordinance No. 2942-2017 – Conditionally Donating Certain Foreclosed City- Owned Properties Described as Lots 8, 9, And 11, Block 9, and Lots 4 And 5, Block 10, Mommsens Subdivision Replat of Addn. 1 & 2, Addn. No. 2, (Parcel Numbers 03910208; 03910209; 03910211; 03910304 And 03910305) to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. .............................................................................................................. Pg. 31 4. *Ordinance No. 2943-2017 – Amending Kenai Municipal Code Chapter 7.25 –City Budget, to Provide for Implementation of a General Fund, Fund Balance Policy and Approve the Policy................................................................ Pg. 45 5. *Ordinance No. 2944-2017 – Increasing Estimated Revenues and Appropriations in the General Fund by $50,000, Accepting and Appropriating a $50,000 Donation from Kenai Senior Connection, Inc., and Increasing Estimated Revenues and Appropriations by $100,000 in the Senior Citizen Center Capital Improvement Capital Project Fund for the Dining Room Roof Repair Project. ...................................................................................... Pg. 67 6.Action/Approval – Schedule a W ork Session to Discuss a Proposed Ordinance Allowing for the Sale of Fireworks in Kenai. .......................... Pg. 71 H. COMMISSION/COMMITTEE REPORTS 1.Council on Aging ................................................................................... Pg. 83 2.Airport Commission 3.Harbor Commission 4.Parks and Recreation Commission .......................................................Pg. 85 5.Planning and Zoning Commission ........................................................Pg. 89 6.Beautification Committee 7.Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1.City Manager ........................................................................................Pg. 93 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 Kenai City Council Meeting Page 3 of 3 March 15, 2017 **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 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 108 Page 5 of 108 Page 6 of 108 Page 7 of 108 Page 8 of 108 Page 9 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 10 of 108 Page 11 of 108 Page 12 of 108 KENAI CITY COUNCIL JOINT WORK SESSION FUND BALANCE POLICY FEBRUARY 28, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR GABRIEL, PRESIDING NOTES Council present: R. Molloy, B. Gabriel, H. Knackstedt and T. Navarre Others present: City Manager P. Ostrander, City Clerk S. Modigh, City Attorney S. Bloom and Finance Director T. Eubank Mayor Gabriel began the work session at approximately 6:00 p.m. advising the work session was called to discuss the proposed Fund Balance Policy recommended by Administration. Mayor Gabriel added an additional Public Comment period at the end of the meeting. City Manager Ostrander advised that the purpose of a fund balance policy is to ensure that there will be adequate liquid resources to serve the financial “cushion” against the potential shock of unanticipated circumstances and events (e.g. revenue shortfalls and/or unanticipated expenditures). The Policy ensures that the accumulation of resources does not become excessive. Development of a Fund Balance Policy by a government is a recommended best practice of the Government Finance Officers Association of the United State and Canada (GFOA) and the National Advisory Council on State and Local Budgeting (NACSLB). Finance Director Eubank presented a PowerPoint presentation to further explain the proposed Policy. Eubank advised that the Fund Balance does not represent cash savings. Eubank further advised that the fund balance is a surplus of funds accrued from unexpended operating budgets and unanticipated revenues. It’s calculated as the difference between the assets and liabilities reported in a governmental fund. The fund balance consists of five classifications that comprise a heirarchy based primarily on the extent to which the City is bound to honor constraints on the specific purpose for which amounts can be spent. The five classifications of fund balance applicable to the General Fund pursuant to GASB 54 are as follows: Restricted Fund Balance Components: • Nonspendable fund balance • Restricted fund balance Unrestricted Fund Balance Components: • Committed fund balance • Assigned fund balance • Unassigned fund balance Eubank noted that the key components to a functioning Fund Balance Policy are determining the appropriate level of Fund Balance to be maintained in the Fund (generally a range showing a minimum and maximum amount); circumstances when amounts above the maximum, between the maximum and minimum, or below the minimum can be “spent down”; and the policy for replenishing deficiencies. Page 13 of 108 At a minimum, GFOA recommends not less than two months of operating revenues or expenditures. GFOA further recommends adjustment to that two months for each governments specific exposure to the following: • Signif icant volatility in revenues or expenditures; • Potential drain on resources from other funds facing financial difficulties; • Exposure to natural disasters; • Reliance on a single taxpayer or industry; • Rapidly growing budgets; or • Disparities in timing between revenue collections an expenditures. Eubank advised that the City devised a policy more conservative than the GFOA by creating a minimum of three months and a maximum of 4 months in the fund balance. Eubank explained his methodology of creating the numbers in the best interest of the City. Mayor Gabriel recommended that Administration reach out to the Councilors not in attendance to provide an overview of the information presented at the work session and allow for questions. Council thanked Administration for their efforts on this policy and presentation ads spoke in favor of the policy and code amendments. Councilors requested that the volatility timeline be reduced to a 20 year period analysis moving forward. It was also requested that the Administration provide recommendations on spending fund balance. The work session adjourned at 7:45 p.m. Notes prepared by: _______________________________ Sandra Modigh, CMC City Clerk Page 14 of 108 KENAI CITY COUNCIL – REGULAR MEETING MARCH 1, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on March 1, 2017, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre Jim Glendening Glenese Pettey Mike Boyle A quorum was present. Also in attendance were: **Mackenzie Lindeman, Student Representative Paul Ostrander, City Manager Scott Bloom, City Attorney Sandra Modigh, City Clerk Jamie Heinz, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda and packet: Add to Item E. 2. Meeting Minutes • Regular Meeting of February 15, 2017 Amend Title of B.1. Scheduled Public Comment • Add “Technology,” after “Government.” MOTION: Council Member Molloy MOVED to approve the agenda with requested revisions to the agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Page 15 of 108 VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT. Mayor Gabriel 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 1. Bob McIntosh – Government Technology and in the 21st Century – Not Just a Piece of Paper and a Crayon. Bob McIntosh noted the City’s past and present support for technology, including online archival of documents, broadcasting of certain meetings, and Facebook pages; encouraged continuing the trend in the future by recording all public meetings and making them available for streaming or download and providing for telephonic public testimony. C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. Ordinance No. 2941-2017 – Increasing Appropriations in the General Land Sales Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts to the City’s General Fund. MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 2941-2017. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Administration clarified that budgeted earnings are estimated and minor adjustments are required each year. MOTION TO AMEND: Page 16 of 108 Council Member Glendening MOVED to amend the first sentence in Section 2, by replacing the word, “decreased,” to “increased.” The motion was SECONDED by Council Member Boyle who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objections, SO ORDERED. VOTE ON THE MAIN MOTION: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2017-12 – Authorizing Award of an Airport Advertising Concession Agreement for the Kenai Municipal Airport. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-12 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Molloy. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: There being no objections, SO ORDERED. 3. Resolution No. 2017-13 – Consenting to an Amendment Changing the Purpose Set Forth in the Lease of Certain City-Owned Property Described as Lot 3, Block 1, Gusty Subdivision from Restaurant to Retail Business. MOTION: Council Member Knackstedt MOVED to approve Resolution No. 2017-13. The motion was SECONDED by Council Member Glendening. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. VOTE: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of February 1, 2017 Page 17 of 108 Meeting minutes approved by the consent agenda. 2.*Regular Meeting of February 15, 2017 Meeting minutes approved by the consent agenda. F. UNFINISHED BUSINESS 1. Resolution No. 2017-03 – Establishing a Sub-Committee of Council for the Purpose of Improving Efficiency in the Supervision of the City Attorney, City Clerk and City Manager and Approving Council Policy 2017-02 Establishing Procedures and Responsibilities of the Sub-Committee. [Clerk’s Note: This resolution was postponed from the January 18 and the February 1 meeting to the February 15 meeting where it was adopted as amended; Council Member Navarre requested to reconsider at this meeting.] Council Member Navarre noted that, after review of amendments, reconsideration was not necessary. 2. Action/Approval – Reduce the Harbor Commission’s Meetings from Monthly to Quarterly as Recommended by the Harbor Commission. Mayor Gabriel clarified a motion to reduce the Harbor Commission’s meetings from monthly to quarterly was on the floor. Commission Member Christine Hutchison noted she had made the motion at the Commission level to reduce the meetings and suggested Council action could be tabled or rejected; noted a new Commission Chair had recently been elected; could be given more time. Commission Chair Thornton noted she had vision and goals for the Harbor Commission; saw the Commission as a benefit to the community and City Council and a liaison between the Council and the community. It was suggested a map of the area of the Commission’s influence be adopted and other ideas would spawn from that to create a plan. MOTION: Council Member Boyle MOVED to postpone indefinitely and Council Member Molloy SECONDED the motion. There was objection to postponing as it was thought that postponement rules required the item remaining on the agenda as a pending item until Mid-October. A brief at ease was taken so the City Clerk and City Attorney could confer regarding postponing indefinitely. It was clarified that indefinite postponement killed a main motion thus not leaving the motion in a pending status and would not be required to remain on the agenda as a pending item. Page 18 of 108 VOTE TO POSTPONE INDEFINITELY: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Rick Koch to the Harbor Commission. MOTION: Council Member Knackstedt MOVED to confirm the Mayor’s nomination to appoint Rick Koch to the Harbor Commission. The motion was SECONDED by Council Member Glendening. VOTE: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 4. Action/Approval – Mayoral Nomination and Council Confirmation to Appoint Councilor Molloy to the City Council Supervisory Committee Pursuant to Policy No. 2017-02. MOTION: Council Member Knackstedt MOVED to confirm the Mayor’s nomination to appoint Councilor Molloy to the City Council Supervisory Sub-Committee pursuant to Policy No. 2017-02. The motion was SECONDED by Council Member Boyle. It was clarified the quarters were based on a calendar year and appointments would be made at the same time as organizational appointments after elections/reorganization; there was suggestion the quarterly meeting/reappointment schedule be revisited to be fair to employees as far as continuity. VOTE: Page 19 of 108 YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 5. Discussion – Discuss and Refer a Draft Ordinance Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations to Require Landscaping and Site Plans for all Retention Basins, Commercial, Industrial, and Multifamily Development and Land Clearing in Certain Zones in the City and Making Other Housekeeping Changes to the Planning and Zoning Commission for Review and Recommendation. It was noted this item was provided as information for Council and the public that its sponsors requested Planning and Zoning Commission Chair Twait to add to the Planning and Zoning agenda for review, consideration, and recommendation to Council; changes trigger Landscaping and Site Plans for certain developments; looked to nearby communities for guidance. There was objection to the process; it was noted the process had been used previously when developing a nuisance ordinance. It was noted Council would have an opportunity to amend the ordinance after Planning and Zoning made their recommendations for amendments; suggested also referring to the Airport Commission. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting March 9. 2. Airport Commission – No Report; next meeting March 9. 3. Harbor Commission – No Report; next meeting March 6. 4. Parks and Recreation Commission – No Report; next meeting March 2. 5. Planning and Zoning Commission – February 22 meeting cancelled; next meeting March 8 6. Beautification Committee – No report; next meeting April 11. 7. Mini-Grant Steering Committee – Attention was drawn to the report in the packet provided by the Continuum of Care group that received a grant for Project Homeless Connect. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Toured the Art Guild building to view design ideas; • Spoke at the annual Job Shadow Luncheon sponsored by the Chamber of Commerce; Page 20 of 108 • Attended the Board of Fisheries meeting where the manager testified; good response from the Board; • Council Member Pettey co-hosting Coffee with the Mayor on March 4; • Lisa Gabriel received a “Pat on the Back” award at the library conference in Ketchikan; • Attended the work session regarding the General Fund Policy and suggested those that were absent from the work session meet with administration for an overview. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Met with Alaska State Parks regarding upgrading the Eagle Rock boat launch; • Met with the Chamber of Commerce to review a promotional video; • Attended and testified at the Board of Fisheries meetings; • Budget meetings ongoing; departmental budgets were responsible; • Met with owner of the Beacon building regarding needed repairs; • Set up a meeting with Kenai Peninsula Borough dispatch to discuss if consolidation of dispatch would be feasible; • Fred Braun noted the owner of the Professional Building on W illow Street was slated to be repurposed. 2. City Attorney – Reported that he attended the legislative town hall meeting where state legislators discussed the state’s budget and current legislation. Also noted a change in judges at the court and misdemeanors were being routed through district court as opposed to the magistrate. 3. City Clerk – Provided a reminder of the upcoming work session regarding iPad navigation and thanked the Kenai Peninsula Borough and City of Soldotna clerks for sharing their knowledge. Also noted the Clerk’s Office was diligently working on updating the record retention schedule. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Bob Peters asked about the meeting the manager attended with the Corps of Engineers regarding the Bluff Erosion Project. The manager reported that the meeting was the Corps of Engineers Alaska presenting the project to the Corps of Engineers DC; the Corps of Engineers Alaska was asked to add some information to the proposal and it was hoped more feedback would be received prior to the March 15 Council meeting. 2. Council Comments Councilor Knackstedt thanked Eubank for preparing the Fund Balance Policy; attended the legislative town hall meeting; noted an upcoming Kenai Historical Society meeting. Page 21 of 108 Student Representative Lindeman provided an update on sporting events; noted the upcoming Homecoming Dance; reported their “lip dub” could be viewed on You Tube; noted the students that participated in the job shadow event had a good time and appreciated the effort put into providing the opportunity. Vice Mayor Navarre noted he attended the Fund Balance Policy work session and found it informative; suggested the presentation be uploaded to the website; thanked those that participated in job shadowing; attended Alaska Municipal League meetings and pointed out that budget impacts to the cities and boroughs needed closely watched. Council Member Molloy thanked Council for his appointment to the supervisory sub-committee; thanked the manager and Mayor for attending the Board of Fisheries meetings; noted the Fund Balance Policy work session was beneficial and thanked the Finance Director and City Manager for their work on it; thanked Mr. McIntosh for his technology presentation; thanked the Harbor Commission members for attending the Council meeting. Council Member Glendening noted he was looking forward to the budget process; appreciated thought and effort put into the budget; encouraged maintaining the commitment that Kenai was open for business. Council Member Pettey thanked Mr. McIntosh for his presentation on technology; noted an upcoming art show. L. EXECUTIVE SESSION 1. Acquisition of Properties in Support of the Buff Erosion Project. [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 Knackstedt MOVED to convene in executive session to discuss acquisition of properties in support of the Bluff Erosion Project, the immediate knowledge of which 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 per AS 44.62.310(C)(1)(3) and requested the attendance of the City Planner, City Manager, City Attorney, and City Clerk and the motion was SECONDED by Council Member Molloy. VOTE: YEA: Gabriel, Glendening, Knackstedt, Navarre, Pettey, Molloy, Boyle NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in regular session and it was noted that the City Manager had been given direction. M. PENDING ITEMS – None. Page 22 of 108 N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:42 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of March 1, 2017. _____________________________ 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 23 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 24 of 108 KENAI CITY COUNCIL JOINT WORK SESSION MOBILE DEVICE & SOFTWARE TRAINING MARCH 7, 2017 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR GABRIEL, PRESIDING NOTES Council present: R. Molloy, B. Gabriel, H. Knackstedt, T. Navarre, G. Pettey and J. Glendening Others present: City Manager P. Ostrander, City Clerk S. Modigh, and City Attorney S. Bloom Mayor Gabriel began the work session at approximately 6:00 p.m. advising the work session was called for Council to receive training from the Clerk’s Office on the newly distributed iPad and iAnnotate software. City Clerk Modigh and Deputy Clerk Heinz provided training on the following: 1. Basic Operations • Review Items Provided (iPad Air 2 & charger/keyboard & charger/stylist/electronic clearer/quick reference manuals) • Adjust keyboard for use • Turning on the iPad • Turning on the Keyboard • Passcode – Fish • If passcode changes, must be provided to clerk for troubleshooting • Charging the iPad • Charging the Keyboard • Review Home Page (short cuts) • Settings – auto lock enabled 2. Email • Opening the Email Application • City Email Accounts – public record – will not be accessed by city unless public records request is submitted, approved by city clerk and city attorney, city manager and councilors are all advised. • Email Address & passcode – clerk must have if current is changed • When you should or should not use your City Email Address 3. Safari • Review of Safari (add favorite/read later) • Opening your Agenda or Packet from Safari into iAnnotate and save 4. iAnnotate • Closing and Opening the document (annotations automatically save when document is closed.) • Reviewing the Directory Options (swipe or search) • Thumbnail View • Outline View Page 25 of 108 • Annotation View (will come back after entering annotations) • Annotations • Entering Annotations • Editing Annotations • Deleting Annotations • Finding Previously Entered Annotations • Annotations Tool Bar • Adding Tools • Deleting Tools • Review Tools • Creating Files • Deleting Files • Short Cuts • Glitch? Close and Reopen 5. Shutting Down Applications 6. Shutting Down the iPad 7. Wrap-Up • Phase One (iLegislate/Peak/eComment) • One-on-One Meetings • Updates There was no one in attendance for public comment. Council thanked the Clerk’s for providing the training. The work session adjourned at 8:14 p.m. Notes prepared by: _______________________________ Sandra Modigh, CMC City Clerk Page 26 of 108 Page 27 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 28 of 108 Page 29 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 30 of 108 Page 31 of 108 Page 32 of 108 Page 33 of 108 Page 34 of 108 Page 35 of 108 Page 36 of 108 Page 37 of 108 Page 38 of 108 Page 39 of 108 Page 40 of 108 Page 41 of 108 Page 42 of 108 Page 43 of 108 Page 44 of 108 Page 45 of 108 Page 46 of 108 Page 47 of 108 Page 48 of 108 Page 49 of 108 Page 50 of 108 Page 51 of 108 Page 52 of 108 Page 53 of 108 Page 54 of 108 Page 55 of 108 Page 56 of 108 Page 57 of 108 Page 58 of 108 Page 59 of 108 Page 60 of 108 Page 61 of 108 Page 62 of 108 Page 63 of 108 Page 64 of 108 Page 65 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 66 of 108 Page 67 of 108 Page 68 of 108 Page 69 of 108 Page 70 of 108 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Council Member Knackstedt DATE: March 7 , 2017 SUBJECT: Draft Proposed Ordinance Repealing and Re-enacting KMC 8.20–Fireworks Control This draft proposed Ordinance is on this packet’s agenda for the purpose of setting a Work Session for discuss ion. Repealing and re-enacting KMC 8.20-Fireworks Control, to allow for the sale of certain fireworks inside the City of Kenai during the month of December is proposed as a means to generate additional revenue for the City. The Ordinance proposes to allow the sale of fireworks by state licensed vendors who pay a $5000 dollar annual fee and provide substantial insurance coverage. Based on my observations of fireworks use in the City and information from jurisdictions that currently allow fireworks sales, I believe sales tax revenue could be significant. Prior to a scheduled Work Session, a detailed memorandum explaining the Ordinance will be provided. At this time I am only looking to schedule a work session to discuss the Ordinance. Your consideration is appreciated. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.city Page 71 of 108 Sponsored by: Councilmember Knackstedt CITY OF KENAI ORDINANCE NO. *-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KENAI MUNICIPAL CODE CHAPTER 8.20-FIREWORKS CONTROL, TO ALLOW FOR THE LIMITED SALE OF CERTAIN FIREWORKS IN THE CITY. WHEREAS, Kenai Municipal Code Chapter 8.20-Fireworks control currently allows for the use of fireworks for a forty eight hour period from December 31 to January 1 each year along with certain public displays, but prohibits the sale of fireworks ; and, WHEREAS, fireworks used in the City are currently purchased outside the City limits with permit fees and sales tax going to other taxing jurisdictions ; and, WHEREAS, allowing for the regulated and controlled sale of fireworks in the City will allow the City to receive the permit fees and sales tax for the purchase of fireworks; and, WHEREAS, limiting the duration of sales to one month and excluding the sale of certain types of fireworks is intended to reduce the use of fireworks when the use is prohibited and limit potential fire danger and use by minors; and, WHEREAS, it is in the City’s be st interest to benefit from the sales of fireworks when the use occurs regardless of whether such sales occur within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Repeal and re -enactment of Chapter 8.20 of the Kenai Municipal Code : That Kenai Municipal Code, Section 8.20 – Fireworks Control, is hereby repealed and re-enacted in its entirety as follows: CHAPTER 8.20 FIREWORKS CONTROL [8.20.010 FIREWORKS CONTROL. THIS CHAPTER SHALL BE KNOWN AS THE FIREWORKS CONTROL ORDINANCE OF THE CITY OF KENAI. 8.20.020 FIREWORKS PROHIBITION—EXCEPTIONS. EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE USE OF ALL CLASSES OF FIREWORKS ARE FORBIDDEN WITHIN THE CITY OF KENAI. Page 72 of 108 (A) PERSONAL AND PRIVATE USE. ON THE DAYS OF DECEMBER 31ST AND JANUARY 1ST ONLY, A FORTY -EIGHT (48) HOUR PERIOD, A PERSON OVER THE AGE OF EIGHTEEN (18) MAY USE SALABLE FIREWORKS WITHIN THE CITY FOR PERSONAL AND PRIVATE USE ON REAL PROPERTY OWNED BY THE PERSON, OR OTHER PRIVATE PROPERTY WITH THE CONSENT OF THE PROPERTY OWNER. (B) PUBLIC USE. AS SPECIFICALLY PROVIDED BELOW, THE CITY, ASSOCIATIONS AND OTHER ORGANIZATIONS, OR GROUPS HOLDING A CURRENT AND VALID PERMIT ISSUED BY THE CITY AND ANY OTHER STATE OR FEDERAL AGENCY WITH JURISDICTION, MAY PROVIDE A PUBLIC DISPLAY OF FIREWORKS. (C) OFFICIAL USE. EMPLOYEES OR CONTRACTORS OF THE CITY MAY USE FIREWORKS IN THE INTEREST OF PUBLIC SAFETY, ANIMAL CONTROL AND ANIMAL HAZING AT THE KENAI MUNICIPAL AIRPORT. 8.20.030 USE PERMITS. (A) THE CITY MAY ISSUE A PYROTECHNIC PERMIT TO THE CITY, ASSOCIATION OR OTHER ORGANIZATION, OR GROUPS FOR PUBLIC FIREWORKS DISPLAYS, PROVIDED THAT THE DISPLAY IS TO BE CONDUCTED BY A STATE LICENSED PYROTECHNIC OPERATOR WITHIN THIRTY (30) DAYS FROM THE DATE OF AN APPROVED APPLICATION SHOWING THE FOLLOWING: (1) DATES AND LOCATION OF THE PROPOSED DISPLAYS; AND (2) THAT ALL APPROPRIATE OR REQUIRED STATE LICENSES OR CERTIFICATES HAVE BEEN PROCURED; AND (3) THAT A POLICY OR CERTIFIED TRUE COPY OF A POLICY OF PUBLIC LIABILITY INSURANCE AND PRODUCTS LIABILITY INSURANCE COVERAGE PROVIDED BY THE APPLICANT OR HIS OR HER EMPLOYER HAS BEEN FILED WITH THE CITY, BOTH ACCIDENT AND OCCURRENCE IN THE AMOUNT OF AT LEAST ONE MILLION DOLLARS ($1,000,000.00) FOR BODILY INJURY AND DEATH AND AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) FOR PROPERTY DAMAGE; AND (4) THAT THE CITY OF KENAI FIRE DEPARTMENT HAS BEEN NOTIFIED AND INVITED TO BE IN ATTENDANCE FOR FIRE CONTROL PURPOSES; AND (5) THAT THE OFFICE OF THE STATE FIRE MARSHAL HAS ISSUED THE NECESSARY LICENSES OR CERTIFICATES, IF APPLICABLE; AND (6) THE NAME OF THE APPLICANT AND THE NAME AND ADDRESS OF THE STATE LICENSED PYROTECHNIC OPERATOR OR COMPANY WHO WILL BE CONDUCTING THE DISPLAY. Page 73 of 108 (B) IN THE EVENT THAT AN OBJECTION IS RECEIVED FROM THE STATE FIRE MARSHAL OR THE CITY OF KENAI FIRE DEPARTMENT, THE CITY MAY DENY THE APPLICATION FOR CAUSE SHOWN. 8.20.040 SALE OF FIREWORKS FORBIDDEN. THE SALE OR OFFERING FOR SALE OF FIREWORKS IS FORBIDDEN WITHIN THE CITY. 8.20.050 FIREWORKS—MISCELLANEOUS PROVISIONS. (A) IT IS UNLAWFUL FOR ANY PERSON UNDER THE INFLUENCE OF ANY ALCOHOL, MARIJUANA OR ILLEGAL DRUGS TO DISCHARGE FIREWORKS. (B) IT IS UNLAWFUL FOR ANY PERSON TO NEGLIGENTLY OR UNLAWFULLY DISCHARGE FIREWORKS IN ANY MANNER THAT COULD REASONABLY CAUSE HARM TO LIFE OR PROPERTY. (C) THE CITY FIRE CHIEF OR FIRE MARSHAL MAY PROHIBIT OR RESTRICT THE USE OF ALL FIREWORKS AT ANY TIME DUE TO INCREASED FIRE DANGER OR ANY OTHER REASONS WHICH MAY CREATE A SIGNIFICANT INCREASED RISK TO PUBLIC HEALTH AND SAFETY. APPROPRIATE TIMELY PUBLIC NOTICE OF ANY PROHIBI TION OR RESTRICTION WILL BE PROVIDED. 8.20.060 DEFINITIONS. FOR THE PURPOSES OF THIS CHAPTER, THE FOLLOWING DEFINITIONS SHALL APPLY: (A) “FIREWORKS” MEANS FIREWORKS AS DEFINED BY ALASKA STATUTE 18.72.100 AS IT NOW EXISTS OR MAY FROM TIME TO TIME BE AMENDED OR CHANGED BY THE LEGISLATURE. (B) “DISPLAY” MEANS THE DETONATION OF FIREWORKS AT ANY TIME. (C) PUBLIC DISPLAY” MEANS TO USE, IGNITE, DETONATE OR EXPLODE SALABLE OR NON-SALABLE FIREWORKS ON PUBLIC PROPERTY. (D) “SALABLE FIREWORKS” MEANS SALABLE FIREWORKS AS DEFINED BY ALASKA STATUTE 18.72.100 AS IT NOW EXISTS OR MAY FROM TIME TO TIME BE AMENDED OR CHANGED BY THE LEGISLATURE. (E) “STATE LICENSED PYROTECHNIC OPERATOR” MEANS AN INDIVIDUAL WHO HAS BEEN LICENSED BY THE ALASKA DEPARTMENT OF PUBLIC SAFETY, FIRE AND LIFE SAFETY DIVISION. 8.20.070 PENALTIES. UPON CONVICTION, EACH VIOLATION OF THIS CHAPTER SHALL BE PUNISHABLE AS PROVIDED IN SECTION 13.05.010. CITATIONS FOR VIOLATIONS OF THIS CHAPTER MAY BE ISSUED BY EITHER THE KENAI POLICE DEPARTMENT OR THE KENA I FIRE DEPARTMENT.] Page 74 of 108 8.20.005 Authority and Purpose. The City Kenai adopts this Chapter to exercise the authority granted by AS 18.72.060 to regulate more restrictively the offering for sale, exposure for sale, sale, use, or explosion of fireworks. 8.20.007 Mandatory Review. The City Council shall conduct a public review of the provisions of this Chapter by July 1, 2019. The purpose of the public review is to determine whether or not the City desires to continue allowing the sale of fireworks within the City. 8.20.010 Definitions. In this Chapter, unless the context otherwise requires: (a) “Dangerous fireworks” means all fireworks not otherwise defined as saleable fireworks. (b) “Saleable fireworks” and “Fireworks” means fireworks defined as such in AS 18.72.100 as amended from time to time. (c) “Personal and private use” means to use, ignite, detonate, or explode saleable fireworks on private property with the permission of the property owner. (d) “Bottle rocket” and “Sky rocket” means a Fireworks that consist of a fireworks consisting of cylindrical case filled or partially filled with combustible material and fastened to a stick. (e) “Display” means the detonation of fireworks at any time. (f) “Public display” means to use, ignite, detonate, or explode dangerous fireworks or to use, ignite, detonate or explode saleable fireworks on public property. (g) “State licensed pyrotechnic operator” means an individual who has been licensed by the Alaska Department of Public Safety, Fire and Life Safety Division. 8.20.020 Fireworks Prohibition—Exceptions. Except as specifically provided below, the use of all classes of fireworks are forbidden within the City of Kenai. (a) Personal and Private Use. On the days of December 31st and January 1st only, a forty -eight (48) hour period, a person over the age of eighteen (18) may use salable fireworks within the City f or personal and private use on real property owned by the person, or other private property with the consent of the property owner. (b) Public Use. As specifically provided below, the City, associations and other organizations, or groups holding a current and valid permit issued by the City and any other State or Federal agency with jurisdiction, may provide a public display of fireworks. 8.20.030 Public Use P ermits. (a) The City may issue a pyrotechnic permit to the City, association or other organization, or groups for public fireworks displays, provided that the display is to be conducted by a State licensed pyrotechnic operator within thirty (30) days from the date of an approved application showing the following: (1) Dates and location of the proposed displays; and (2) That all appropriate or required State licenses or certificates have been procured; and (3) That a policy or certified true copy of a policy of public liability insurance and products liability insurance coverage provided by the applicant or his or her employer has been filed with the City, both accident and occurrence in the Page 75 of 108 amount of at least one million dollars ($1,000,000.00) for bodily injury and death and at least five hundred thousand dollars ($500,000.00) for property damage; and (4) That the City of Kenai Fire Department has been notified and invited to be in attendance for fire control purposes; and (5) That the office of the State Fire Marshal has issued the necessary licenses or certificates, if applicable; and (6) The name of the applicant and the name and address of the State licensed pyrotechnic operator or company who will be conducting the display. (b) In the event that an objection is received from the State Fire Marshal or the City of Kenai Fire Department, the City may deny the application for cause shown. 8.20.040 Sale of Fireworks. Except for the sale of bottle rockets and sky rockets, the retail sale of saleable fireworks in compliance with all federal, state and local laws and regulations and the provisions of this Chapter is permitted. All other retail sales of fireworks within the City of Kenai are prohibited. The sale of bottle rockets and sky rockets is specifically prohibited. 8.20.050 Permit to Sell Saleable Fireworks. (a) Permit Required. No person may sell, expose for sale, or offer for sale any saleable fireworks in the City except in accordance with a permit issued to the person under this section. A permit is effective from December 1 until December 31 of the year issued. (b) Permit Fee. The permittee shall pay an annual fee of $5,000 for a permit. The permit fee payments are nonrefundable upon the issuance of the permit. If a permit is not issued, the permit fee shall be returned to the applicant. (c) Permit Application. The applicant or the applicant’s authorized representative must deliver to the City Clerk the application for a permit and payment for such permit with guaranteed funds no later than 12:00 noon on the last business day in August before the term for which the permit is to be issued. Late applications will not be considered. The application shall be on a form approved by the City Clerk, shall be signed by the applicant or the applicant’s authorized representative, and shall include: (1) The name and address of the applicant, and the name under which the applicant will do business under the permit; (2) If the applicant is a business entity, the name and address of the adult officer, employee or agent of the applicant who will supervise operations of the applicant under the permit; (3) The location at which the applicant will do business under the permit; (4) Proof that the applicant holds a valid, current permit to sell fireworks issued by the State of Alaska; and (5) A tax compliance certificate, signed by the appropriate Kenai Peninsula Borough authority, or, if the applicant had not previously done business in the Kenai Peninsula Borough, proof of opening a sales tax account with the appropriate Kenai Peninsula Borough authority. (d) Action on Application. If the City Clerk finds that a permit application is complete and timely, is accompanied by the annual permit fee provided with guaranteed funds , and meets all of the requirements in this Chapter for the issuance of a permit, the Clerk shall notify the applicant that a permit will be issued upon timely submittal of proof of insurance meeting the requirements of this Chapter. Once the City has received proof Page 76 of 108 of insurance meeting the requirements of this Chapter the Clerk shall issue a permit to the applicant authorizing the sale of fireworks within the City . (e) By September 15 of each applicable calendar year, an applicant for a permit who has been notified by the Clerk that a permit will be issued upon timely submittal of proof of insurance meeting the requirements of this Chapter, must submit insurance meeting or exceeding the following requirements: (1) Two million dollars ($2,000,000.00) single limit policy for personal liability, bodily injury, and property damage per occurrence . (2) The City of Kenai shall be named as an additional insured on all policies . (3) The Permittee is required to maintain the policies in full force and effect at all times any activity is conducted by the Permittee in the City that is in furtherance of activities allowed by the permit. (4) Insurance must be by a company/corporation currently rated “A-” or better by A.M. Best. (f) Permit Renewal. A permittee may renew a permit for the next calendar year by delivering personally to the City Clerk the $5,000 annual permit fee in guaranteed funds , proof a tax compliance certificate, signed by the appropriate Kenai Peninsula Borough authority, and submittal of insurance coverage meeting the requirements of this Chapter on or before 12:00 noon on the last business day in August. (g) Permit Transfer. A permittee may not transfer a permit, or any right to sell fireworks under the permit, without the prior approval of Council. The Council shall approve a permit transfer only after finding that the transferee is qualified to hold the permit under this Chapter. 8.20.070 Regulation of Permittee Operations . (a) When a person is initially issued a permit under this Chapter, the person shall not open for business until the Fire Chief or designee has inspected the premises where the person will sell fireworks, and determined that the premises complies with the requirements of this Chapter. (b) A permittee may sell fireworks only at a single location for each permit, and shall give the City Clerk 90 days’ notice of any change in that location. After a change in location, a permittee may not reopen until the premises have been inspected by the Fire Chief or designee. Two or more permits may be used at the same location. (c) Within 60 days after any change in the officer, employee or agent of the applicant designated to supervise operations under a permit, the permittee shall notify the City Clerk in writing of the name and address of the successor. (d) The Fire Chief or designee may inspect the premises where a permittee sells fireworks at any time to determine whether the permittee is complying with applicable legal requirements, including without limitation those pertaining to: (1) Display of City and state permits to sell fireworks; (2) All applicable state and federal regulations; (3) Types of fireworks permitted to be offered for sale; (4) Display of required safety literature; (5) Fire suppression equipment; (6) Properly marked and accessible exits; and (7) No smoking signs. (e) Restrictions on Sale and Use. (1) If at any time the State of Alaska Division of Forestry declares that the fire danger is extreme, the Fire Chief or designee may restrict the sale or use of any and all fireworks. Page 77 of 108 (2) At any time the Fire Chief or designee may restrict the sale or use of any or all fireworks upon finding that the restriction is necessary for public safety due to weather or fire hazard conditions. (f) In operating under a permit, the permittee shall comply with the following requirements: (1) The premises where fireworks are sold shall be located in a commercial or industrial district, as shown on the Land Use District Map of the City of Kenai, and comply with the requirements for signs and parking specified in KMC Chapter 14. (2) The permittee shall comply with all safety requirements for the sale of fireworks in federal and state statutes and regulations, and as established by the State Fire Marshal, and shall distribute safety literature to each fireworks purchaser. (3) The permittee shall not sell fireworks to a person who is under the age of 18 years. (4) The permittee shall be required to post any safety notices or legal notices as required by the Kenai Fire Chief or City Manager which may include notices from the State of Alaska, Division of Forestry, the Kenai Peninsula Borough and the City of Soldotna. (5) The permittee shall not sell fireworks to any person who appears to be intoxicated and/or impaired. (g) Where the Fire Chief or designee finds that a permittee is operating in violation of any applicable legal requirement, the following actions can occur: (1) In the case of a violation of this Chapter, the Fire Chief, Fire Marshall, Police Chief or designee may issue a notice to correct and/or a citation to the permittee. The citation penalty for the selling of fireworks in violation of this Chapter is $300.00. (2) The Fire Chief, Fire Marshall, Police Chief or designee may order the closure of the premises, in the case of a life safety violation as determined by the Fire Chief, where the permittee sells fireworks and the discontinuance of all fireworks sales by the permittee until the violation is corrected. 8.20.080 Controlled Use. (a) It is unlawful for any person to discharge or explode any fireworks, except as otherwise provided in this Chapter, within any City park or upon any public property or rights -of-way. (b) Subject to any limitations in other sections of this Chapter, a person may use saleable fireworks within the City for personal and private use on real property owned by the person, or on real property owned by another with prior consent of the property owner. (c) The sale of fireworks to any person under the age of 18 is prohibited. It is unlawful for persons under 18 years of age to purchase fireworks. Purchasers of fireworks must show proof of age upon request by seller. (d) The sale of the following types of saleable fireworks is prohibited: pop bottle rockets. (e) It is unlawful for any person under the influence of alcohol to discharge fireworks. The penalty for violation of this subsection may result in seizure of the fireworks and/or a fine of $300.00. (f) It is unlawful for any person to negligently or unlawfully discharge fireworks in a manner that could reasonably cause harm to life and property. Any such use, ignition, Page 78 of 108 detonation or explosion of fireworks may result in seizure of the fireworks and/or a fine of $300.00. 8.20.090 Exempt Sales and Uses. Nothing in this Chapter shall be construed to prohibit: (a) The sale of any kind of fireworks which are to be shipped directly from the State in accordance with regulations of the United States Department of Transportation; (b) The use of fireworks by railroads or other transportation agencies for signal purposes of illumination; (c) The sale or use of blank cartridges for a show or theater; (d) The use of fireworks for signal or ceremonial purposes in athletic events or parades; (e) Use by public safety personnel or City employees for public safety purposes including animal hazing at the Kenai Airport; (f) Use by military organizations. (g) Licensed or permitted uses in industrial activities , such as seismic work, oil exploration, mining, aviation or commercial fishing. (h) Use in emergency situations for signal or communication purposes. 8.20.100 Penalties for Violations. Any person violating any of the provisions of this Chapter is guilty of an infraction and upon conviction thereof shall be fined $300.00. 8.20.110 Building Requirements . Fireworks sales shall be permitted only indoors within permanent structures that comply with City building and fire code requirements. 8.20.120 Storage of Dangerous Fireworks. (a) All storage of dangerous fireworks shall be in compliance with all local, state and federal regulations. (b) Storage shall be subject to inspection by the Kenai Fire Chief or designee. 8.20.050 Fireworks—Miscellaneous Provisions. (a) It is unlawful for any person under the influence of any alcohol, marijuana or illegal drug s to discharge fireworks. (b) It is unlawful for any person to negligently or unlawfully discharge fireworks in any manner that could reasonably cause harm to life or property. (c) The City Fire Chief or Fire Marshal may prohibit or restrict the use of all fireworks at any time due to increased fire danger or any other reasons which may create a significant increased risk to public health and safety. Appropriate timely public notice of any prohibition or restriction will be provided. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 79 of 108 Section 4. Effective Date : That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April , 2017. ______________________________________ BRIAN G. GABRIEL, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: March 15, 2017 Enacted: April 5, 2017 Effective: May 5, 2017 Page 80 of 108 Page 81 of 108 Page 82 of 108 Page 83 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 84 of 108 KENAI PARKS & RECREATION COMMISSION MARCH 2, 2017 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER & ROLL CALL Chair Stephens called the meeting to order at 7:05 p.m. Roll was confirmed as follows: Commissioners present: C. Stephens, J. Halstead, T. Wisniewski, J. Hudson, S. Thornton Commissioners absent: N. Widmayer Staff/Council Liaison present: Parks & Rec Staff Director B. Frates, Council Liaison Tim Navarre A quorum was present. 2. AGENDA APPROVAL MOTION: Commissioner Hudson MOVED to approve the agenda; Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 3. APPROVAL OF MEETING SUMMARY a. February 2, 2017 MOTION: Commissioner Thornton MOVED to approve the meeting summary of February 2, 2017 and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. 4. PERSONS SCHEDULED TO BE HEARD – None. 5. PERSONS PRESENT NOT SCHEDULED – None 6. UNFINISHED BUSINESS a. 2017-2018 Goals and Objectives Goals and objectives for the 2017-2018 year were reviewed. It was noted that several long-term goals had been added. The Parks and Recreation director was thanked for the organization and format. It was also noted that the work done on department brochures would help promote the trail system. Page 85 of 108 b. Cemetery Fees It was noted the comments and suggestions from the February meeting had been incorporated into the policies and procedures and fee schedule. MOTION: Commission Member Wisniewski MOVED to recommend Council approval of the cemetery fees and accompanying policy and procedures. Commission Member Halstead SECONDED the motion. There were no objections; SO ORDERED. c. Resolution PRC2017-01 It was noted that a moratorium was necessary because so few plots remain. MOTION: Commission Member Halstead MOVED to support a resolution of the Parks and Recreation Commission of the City of Kenai establishing a moratorium on the sale of standard plots for the purpose of a reservation. Commission Member Thornton SECONDED the motion. There were no objections; SO ORDERED. 7. NEW BUSINESS – None. 8. REPORTS a. Parks and Recreation Director – Parks and Recreation Department Director Frates reported on the following: • FY18 budget preparation was ongoing; • A Parks & Recreation staff member attending pesticide training; • The department was collaborating with the Chamber of Commerce with snow sculpture carvings. b. Commission Chair – Commission Chair Stephens thanked the commissioners for their involvement and time. c. City Council Liaison - Council Member Navarre expressed appreciation for the Commission’s work and noted he would report their action at the next Council meeting. 9. NEXT MEETING ATTENDANCE NOTIFICATION – April 6, 2017 10. COMMISSION QUESTIONS & COMMENTS Commissioner Thornton expressed appreciation the director put into the departments goals and objectives. Commissioner Halstead requested adherence to Robert’s Rules of Order so interruptions would be minimized. 11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None. Page 86 of 108 12. INFORMATION – None. 13. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:00 p.m. Meeting summary prepared and submitted by: _____________________________________ Jamie Heinz, CMC Deputy City Clerk Page 87 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 88 of 108 CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MARCH 8, 2017- 7:00 P.M. VICE CHAIR KEN PETERSON, PRESIDING MINUTES 1. CALL TO ORDER: Commission Vice Chair Peterson called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Vice Chair Peterson led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: R. Springer, K. Peterson, G. Greenberg, V. Askin, D. Fikes, J. Twait (telephonic) Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, and Council Liaison J. Glendening. A quorum was present. c. Agenda Approval MOTION: Commissioner Springer MOVED to approve the agenda and Commissioner Greenberg SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Greenberg 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. Halstead 2. *APPROVAL OF MINUTES: February 8, 2017 Page 89 of 108 Planning and Zoning Commission Meeting March 8, 2017 Page 2 Minutes were approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ17-05 – Original Preliminary plat of Inlet Woods Subdivision Houtz Replat, submitted by Integrity Surveys, Inc. Kenai, Alaska 99611 on behalf of the Allen Houtz, P.O. Box 884, Kenai, AK 99611. City Planner Kelley reviewed his staff report provided in the packet noting the plat vacated a property line resulting in a single lot and recommended approval with the requirement that further development of the property shall conform to all Federal, State and local regulations. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ17-05 and Commissioner Askin SECONDED the motion. Commission Vice Chair Peterson opened the public hearing; there being no one wishing to speak, public hearing was closed. VOTE: YEA: Springer, Peterson, Greenberg, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Consider scheduling a Work Session to discuss a draft Ordinance amending Kenai Municipal Code Chapter 14.25 – Landscape/Site Plan Regulations to Require Landscaping and Site Plans for all Retention Basins, Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in the City and Making Other Housekeeping Changes. [Clerk’s Note: Commissioner Fikes joined the meeting at 7:06 p.m.] Clarification was provided that intent was to define what landscaping was and cleaned up some language regarding clearing, and added requirements regarding storm water pollution prevention plans. It was further clarified that the sponsors requested the draft ordinance subsequent to the Comprehensive Plan’s adoption pursuant to some of the goals and objectives cited in the Plan. Page 90 of 108 Planning and Zoning Commission Meeting March 8, 2017 Page 3 It was decided a work session would be scheduled for 03/29/2017 at 6:00pm 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Council Member Glendening reviewed the February 15 and March 1 City Council meetings noting the following:  Proclamation of February 28 as Rare Disease Day;  Amendments to Capital Improvement Projects budgets due to reduced revenues;  Three resolutions opposing proposals before the Board of Fisheries;  Awarded a contract for repairs to water reservoir #1;  Consented to assignment of two leases for security purposes;  Transferred unallocated interest earnings into the general fund;  Established a sub-committee of Council for supervising the City Attorney, City Manager, and City Clerk;  Rick Koch appointed to the Harbor Commission. b. Borough Planning – Council Member Glendening reviewed actions from the February 13 meeting noting two plats were approved, approval Soldotna’s hazard mitigation plan was recommended, and discussion took place regarding a material site code rewrite. c. Administration – City Planner M. Kelley advised he met with the Kenai Peninsula Borough Planner regarding their Comprehensive Plan update noting the City would have an opportunity to help in development; also working on ordinance amendments regarding gravel pit applications and updates to sign requirements. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: March 22, 2017 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Fikes apologized for arriving late to the meeting. Commissioner Greenberg disclosed he was working with the Kenai Peninsula Borough’s mapping contractors on their Comprehensive Plan update. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:51 p.m. Minutes prepared and submitted by: _____________________________ Jamie Heinz, CMC Deputy City Clerk Page 91 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 92 of 108 Page 93 of 108 Page 94 of 108 Page 95 of 108 Page 96 of 108 Page 97 of 108 Page 98 of 108 Page 99 of 108 Page 100 of 108 Page 101 of 108 Page 102 of 108 Page 103 of 108 Page 104 of 108 Page 105 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 106 of 108 Page 107 of 108 [PAGE LEFT BLANK INTENTIONALLY] Page 108 of 108