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HomeMy WebLinkAbout2017-04-19 Council PacketKENAI CITY COUNCIL -REGULAR MEETING APRIL 19, 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) 1. Tim Dillon, Kenai Peninsula Economic Development District -Update on First and Second Quarter Activities. 2. Ron Hyde, PRL Logistics -Update on Plans and Objectives for PRL Logistics' Kenai Development. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 2945-2017 -Repealing and Re-Enacting Kenai Municipal Code Chapter 8.20-Fireworks Control, to Allow for the Limited Sale of Certain Fireworks in the City .............................................................................. Pg. 25 2. Ordinance No. 2946-2017 -Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. ........................................ Pg. 38 3. Resolution No. 2017-17 -Authorizing a Budget Transfer in the Personal Use Fishery Fund for the Installation of Internet Viewing Cameras .............. Pg. 41 4. Resolution No. 2017-18 -Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate an Increase to the Senior Center Meal Rates ..................................................................................................... Pg. 45 E. MINUTES 1. *Regular Meeting of April 5, 2017 ............................................................ Pg. 47 F. UNFINISHED BUSINESS-None. G. NEW BUSINESS 1. *Action/Approval -Bills to be Ratified ................................................. Pg. 57 2. *Ordinance No. 2947-2017 -Accepting and Appropriating Supplemental Nutrition, Transportation, and Support Services Grant Funding in the Senior Citizen Fund, for Fiscal Year 2017 ......................................................... Pg. 58 3. *Ordinance No. 2948-2017 -Accepting and Appropriating Funds Received from Kenai Senior Connection, Inc. for the Purchase of a Copier for the Kenai Senior Center ........................................................................................ Pg. 61 4. *Ordinance No. 2949-2017 -Accepting and Appropriating Funds Forfeited to the Kenai Police Department. ................................................................ Pg. 64 5. Action/Approval -Approve a Special Use Permit to Golden Wheel for a Carnival. ................................................................................................ Pg. 67 6. Discussion -Response to Council Request for Options Regarding Lawton Acres ..................................................................................................... Pg. 76 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 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 Kenai City Council Meeting April 19, 2017 Page 2 of 3 L. EXECUTIVE SESSION 1. Discussion of an Offer to Purchase Property Located at 2270 Royal Street, Kenai, AK, Tract A Dragseth Subdivision 2016 Addition (Dragseth House), 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. M. PENDING ITEMS -None . N. ADJOURNMENT **************************************************************************************************** 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.citv. 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 . ,,enai City Council Meeting April 19, 2017 Page 3 of 3 ~flip w. g.~Wt, I &Jumceana [J>wnuJ.te, Economic :l)wJ.opnrent Kenai City Council Winter Update Tim Dillon Executive Director www.kpedd.org City .CDP --Highway Road Borough/CA N -(.-- t-/ap Ptt:f.1 1flt1 tJV .\l.ls ~a Dep~em c;·L~oor 15. \~,'Ol'kte rte De\ICIOJlfTlefll ~eotemooer .. "0 11 c,1.,1111• l !C,(.f n <;i ::010 11(,t M:t flt' J Kenai Peninsula Borough kthel C.nsus Areo L.ak• and Peninsula llorougll Matanuska-Susitna Borough I Kenai Peni nsula Borough Kodllk ltllncl Borough ,_.. .... -- llO'l>ut (;Q"' S•<ID-M S<lcl<M:JVIU il" -Pof1 Gr.th;Jm I I I I I I I I I o 1s ~ ~w~ Leadership Transition Brendyn Rachel Shi flea O'Brien President Treasurer Born& Lived in Alaska Raised in Over 15 Years, Palmer, AK 7 in Kenai Stephanie Todd Queen Smith F l ~~:~tary Vice Tim Dillon President -Executive Director ~. Generation Graduated Lived in Alaska Since 1992 KCHS fromKCHS Graduate CJ ..d I' •..-4 ~ ' e ~ 0 0 d $.-4 ~ 0 CJ "O ~ d ~ ~ ~ ~ ~ .. d •..-4 ,...-4 ~ • 0 •..-4 .0. •..-4 "' rn ~ . •..-4 ~ > en Kenai Peninsula Borough [~f~ Compre~ensive .;, --· ' :1 Economic P'.c1ul'f'f Mt-fto.., Co.,.rota."I tv Pf'oto l>IJfary, O.v.~ al CO"'l~"l<fVll'idlltclOt'.tlAfl1t1' Development Strategy 2016 Kenai Peninsula Economic Development District Prepared by t he University of Alaska Center for Economic Development Cotnprehensive Econotnic Developtnent Strategy Process August 2015 -June 2016 University of Alaska Center for Economic Development I<.pedd.org Situations and Prospects Report Process August 2015 -June 2016 Accumulation of 5 Years of Data Sheinberg Associates I<pedd.org Quarterly Highlights • President Trump's 95°/o Shovel-Ready Initiative • Homer : Barge Mooring / Haul-Out Repair Facility • Seward : Road Improvement Project • l(enai : Float Plane Basin Facility • Soldotna : South I<:.obuk Street Rehabilitation • Airport Authority • Seward, Homer, Kasilof, N anwalek, Ninilchik, Port Graham & Seldovia • Graphite One Resources • 150 Potential Jobs • l(enai, Seward & Homer • Website -www.kpedd.org • Incubation -Advertising & Assisting .... C•AEDC ,,,.~f Anchora~fl Economic ea Economic Overview Kenai Peninsula Borough, Alaska ,~ c. Partnership 1st Quarter 2017 Kenai Peninsula Borough Anchorage Economic Development Council JOBSeq I<.pedd.org Detnographic Profile In 2015, the population in K.enai Peninsula Borough, Alaska was 58,059. Between 2005 and 2015, the region's population grew at an annual average rate of 1.2°/o. The region has a civilian labor force of 28,290 with a participation rate of 62.1°/o. Of individuals 25 to 64 in Kenai Peninsula Borough, Alaska, 21.6°/o have a bachelor's degree or higher which compares with 31.3°/o in the nation. The median household income in I<enai Peninsula Borough, Alaska is $63,684 and the median house value is $219, 100. Percent Value Kenai Peninsula Borough, Alaska Alaska USA Kenai Peninsula I Alaska 1 Borough, Alaska USA - graphics Population6 ---58,059 738,432 321,418,820 Population Annual Average Growth6 1.2% 1.0",.{, 0.8% 647 7,149 2,590,222 Median Age2,4 ---40.6 33.8 37.2 Under 18 Years4 23 .7% 26.4% 24.0"A. 13,111 187,378 74,181,467 18to 24 Years4 8.3% 10.5% 9.9% 4,574 74,881 30,672,088 25to 34 Years4 11.4% 14.5% 13.3% 6,290 103,125 41,063,948 35 to 44 Years4 12.4% 13.1% 13.3% 6,855 92,974 41,070,606 45 to 54 Years4 17.2% 15.6% 14.6% 9,527 111,026 45,006,716 55to64Years4 15.8% 12.1% 11.8% 8,767 85,909 36,482,729 65 to 74 Years4 7.3% 5.0",.6 1.0"A. 4,064 35,350 21,713,429 75 Years, and Over4 4.0"A. 2.8% 6.0"A> 2,212 19,588 18,554,555 Race: White4 84.6% 66.7% 72.4% 46,857 473,576 223,553,265 Race: Black or African American4 0.5% 3.3% 12.6% 269 23,263 38,929,319 Race: American Indian and Alaska Native4 7.4% 14.8% 0.9% 4,081 104,871 2,932,248 Race: Asian4 1.1% 5.4% 4.8% 631 38,135 14,674,252 Race: Native Hawaiian and Other Pacific lslan 0.2% 1.0",.6 0.2% 119 7,409 540,013 Race: Some Other Race4 0.6% 1.6% 6.2% 336 11,102 19,107,368 Race: Two or More Races4 5.6% 7.3% 2.9% 3,107 51,875 9,009,073 spanic or Latino (of any race)4 3.0"A. 5.5% 16.3% 1,641 39,249 50,477, anomic Labor Force Participation Rate and Size (civilian population 16 years and over) 62.1% 67.7% 63.3% 28,290 382,393 158,897,8241 Armed Forces Labor Force 0.3% 3.0"A. 0.4% 137 16,684 1,015,464! Veterans, Age 18-64 9.1% 10.8% 5.5% 3,303 50,194 10,750,884 Median Household lncome2 ---$63,684 $72,515 $53,889 Per Capita lncome2 ---$31,537 $33,413 $28,930 Poverty Level (of all people) 10.0"A> 10.2% 15.5% 5,558 72,957 47,749,043 Percent Value Kenai Peninsula Kenai Peninsula Alaska Borough, Alaska Alaska USA Borough, Alaska USA Households Receiving Food Stamps 9.00% 10.50"/o 13.20"/o 1,938 26,466 1S,399,6Sl Mean Commute Time (minutes) ---19.7 19 25.9 Commute via Public Transportation 0.70"/o 1.60"/o 5.10"/o 178 5,849 7,362,038 Union Membership3 23.00"/o 22.40% 11.10"/o --- f ducationaPA ttainmel)t ,_Ag!!_Ef64 ... ·1 .. -•' .;, ·-f-~·-. .. -' ···-· :_.:., ,;,.._.,,,,., .·:. No High School Diploma 6.10% 6.60% 11.80"/o 1,908 26,191 19,736,243 High School Graduate 34.20"/o 28.20"/o 26.40"/o 10,727 112,476 43,982,863 Some College, No Degree 29.50"/o 28.70"/o 21.70"/o 9,244 114,483 36,187,232 Associate's Degree 8.70"/o 8.60"/o 8.80"/o 2,730 34,333 14,742,654 Bachelor's Degree 14.20"/o 18.30"/o 19.90% 4,470 72,819 33,245,950 Postgraduate Degree 7.40"/o 9.60"/o 11.40"/o 18,952,103 : ' -~ •';'1·:~(""" ,. .......... ,:(wif-1 . · ... "'. -:--~. ~ Total Housing Units ---30,671 308,261 133,351,840 Median House Value (of owner-occupied units)2 ---$219,100 $250,000 $178,600 Homeowner Vacancy 2.60"/o 1.70"/o 1.90% 425 2,817 1,492,691 Rental Vacancy 9.10"/o 6.20"/o 6.40% 598 6,207 2,949,366 Renter-Occupied Housing Units(% of Occupied Units) 27.50"/o 36.60% 36.10"/o 5,919 91,913 42,214,214 Occupied Housing Units with No Vehicle Available(% of Occupied Units) 6.30"/o 9.60% 9.10"/o 1,363 23,982 10,628,474 • -...:·.-.. ,,,.. .. ·.J.,. ;;.• --· '.!;!:~·,: ._-,_ .• ,,,•":...:,,:··,; .-', .. ·, -~~~ .. ~--·-,... 'it ••,t.,~ .... ~' f ~ Enrolled in Grade 12 (%of total population) 1.50"/o 1.60"/o 1.40% 880 11,844 4,451,334 Disconnected Youth6 4.00"/o 3.60% 3.00% 117 1,412 518,859 Children in Single Parent Families(% of all children) 26.40"/o 32.60"/o 34.80"/o 3,350 58,3n 24,408,909 Disabled, Age 18-64 12.30% 10.00% 10.30"/o 4,336 45,917 19,985,588 Disabled, Age 18-64, Labor Force Participation Rate and Size 40.60"/o 50.40"/o 41.00% 1,762 23,163 8,185,456 Foreign Born 2.80"/o 7.40"/o 13.20% 1,597 54,047 41,717,420 Speak English Less Than Very Well (population 5 yrs and over) 2.00"/o 4 .90% 8.60% 1,067 33,509 25,410,756 Employment Trends As of 2016Q4, total employment for Kenai Peninsula Borough, Alaska was 22,844 (based on a four-quarter moving average). Over the year ending 2016Q4, employment increased 0 .3°/o in the region. Em p loymen t for Kena i Peninsula Bo rough, A las ka 4 o· ~ 0 ~ r 0.'J' '° "' ,, c :3 -.~.Q'l1 ~1 "' ;:., "l> .l.O' c::. ~6.0' ,>oc 70 1 'tf'08C 1 7\•8CJQ • '1 ' OQ ~ (' 1 . f) .O' 20 '01301 201 ·01 '01501 201601 Kenai Peninsula Boroug h, Alaska (0 .3%) Alaska (-1 .3%) -USA (1 .4%) Employment data are derived from the Quarterly Census of Employment and Wages, provided by the Bureau of Labor Statistics and imputed where necessary. Data are updated through 201602 with preliminary estimates updated to 201604. ) Unemployment Rate The seasonally adjusted unemployment rate for Kenai Peninsula Borough, Alaska was 7.7% as of December 2016. The regional unemployment rate was higher than the national rate of 4.9°/o. One year earlier, in December 2015, the unemployment rate in Kenai Peninsula Borough, Alaska was 7.6%. Seaso nall y Adjuste d U nem p loyme nt Ra t e for Ke nai Penins ul a Bo ro ugh , A las ka 2.0 ").(' 8.0' ~ ___ _,..---... 6.0" t .ir 'l"lul )'a~ C/:Jul (8 .ir % 11 u ) I 1,1 I ti , J JI ., I.ff I I 1ar 1 SJ~·· 1 S Ja~ I(, JLJ" 16 Kena i Pen insula Bo rough . Alaska (7.7 %) Alaska (6 .7%) -USA (4 .9%) Unemployment rate data are from the Local Area Unemployment Statistics , provided by the Bureau of Labor Statistics and updated through December 2016 it 1.0' t' ;' 2 ') (")" Wage Trends The average worker in Kenai Peninsula Borough, A laska earned annual wages of $45,352 as o f 2016Q4. Average annual wages per worker decreased 3.3°/o in the region during the preceding four quarters. For comparison purposes, annual average wages were $52,291 in the nation as of 2016Q4 . Average Annual Wages for Kena i Peninsu la Bo ro ug h, Alaska 70 ~ ).0'.' x: ... -::;- l () "" .,., 0 ':l '2 "' -< [ -I 0 ):> § ~.O' (, l/rl 00SQ1 "--'-OqO 'l IC ('] Q1 O' JQ '( l ,Q 2') .:IQ '('l 5Ql 20160' Kenai Peninsula Borough. Alaska (·3.3 %) -Alaska (-1 .9 %) -USA (0 .7%) Annual average wages per worker data are derived from the Quarterly Census of Employment and Wages, provided by the Bureau of Labor Statistics and imputed where necessary . Data are updated through 201602 with preliminary estimates updated to 201604. Cost of Living Index The Cost of Living Index estimates the relative price levels for consumer goods and services. When applied to wages and salaries, the result is a measure of relative purchasing power. The cost of living is 21.1 % higher in Kenai Peninsula Borough, Alaska than the U.S . average. Kenai Peninsula Borough Alaska USA Source: Data as of 201604 Annual Average Salary $47,285 $53,871 $53,271 Cost of Living Index (Base US) 121.1 126.S 100.0 The Cost of Living Index is developed by Chmura Economics & Analytics and is updated quarterly. US Purchasing Power $39,031 $42,571 $53,271 Total Workers for Kenai Peninsula Borough, Alaska by Industry Und;issified (99) '.J 3 ·~) Public Administration (92) 1G 8.:. - Other Services (except Public Administration) (81) 4 3" Accommodation and Food Services (72) 11 .~ • /\rts. 1-ntertainment . and Recreation ('11) l , Health Care ;rnd Social Assistance (62) E l~ [ducational Services (61) :• C Agriculture. Forest·ry. Fishing ;ind Hunting (11 J t.. G' Mining. Quarrying. and Oil and Gas Extraction {21) ~ 7 ~, .__ IJI iii ties (22) 1 0' Construction (23) 5 ·~"' Manufacturing (31) 1, 7 Wholesale Trade (42) 0 ?' .. · Retail 1 rade ( 411) l Zi l ransportation and Warehousing (118) 11,; Information (51) 11''.. Finance and Insurance (52) 1.4 Real Estate and Rental and Leasing (53) l E. · Professional, Scientific. and Technical Services (511) i .b ... ·~Management of Companies and Enterprises (55) 0 l' Administrative and SUP.port and Waste Management and Remediatmn Services (56) l '.:i '" Employment data are derived from the Quarterly Census of Employment and Wages , provided by the Bureau of Labor Statistics and Imputed where necessary. Data are updated through 201602 with prelim inary est imates updated to 201604. Industry Clusters A cluster is a geographic concentration of interrelated industries or occupations. The industry cluster in Kenai Peninsula Borough, Alaska with the highest relative concentration is Coal/ Oil/Power with a location quotient of 6.49 . This cluster employs 1,268 workers in the region with an average wage of $121,808. Employment in the Coal/Oil/Power cluster is projected to expand in the region about 0.7°/o per year over the next ten years. -"' 0 0 o _ ..., "' QJ Cl 1U 3! QJ °' ~ QJ ~ • 4 " \2 l ··l1•(11 l a•1 I .X ' Industry Cl usters for Kenai Pen insu la Borough, Alaska as of 201604 /\q11cu J1w .. 1 I 0 l.I i r re1qhl T1 <111 I Q I Ob Pul •lt ( A1hi1tn . 11011/Power 6.19 J Mach1 iA Mf<J. LQ O. )..~ J, ~.9r t;. t ol .1\~~rhi r dtion LU o:m, ""' I .0 2 C (1ll\l rt1Cll0'1 LO I.OK lltiitll,, LC.J. aJ!, I H r~l r h 10 I.I~ ti Mirr . J.Oh C on~Utn<'r ~"[· Rel•1j LO 1.12 <t11)Pt .WY• Arlv,irllMJO Th 1 e~holfl -4')0-·;/)-J}('-.~-~CD-'i' ~ -, ·"'-;<'·J -1 .~-)(-1 -1. -( ')-'J .• C-( d 0( l .'' ' ) 0 '5 Jl)t) . .')I ~or 7S .'00 Ave rage Annual Employme n t Fo r ecast Rate (%) 2016Q4-20 2 6Q4 Location quotient and average wage data are derived from the Quarterly Census of Employment and Wages, provided by the Bureau of Labor Statistics , imputed where necessary, and updated thro ugh 201602 with preliminary estimates updated to 201604. Forecast employment growth uses national projections from the Bureau of Labor Statistics adapted for regional growth patterns . Education Levels Expected growth rates for occupations vary by the education and training required. While all employment in Kenai Peninsula Borough, Alaska is projected to grow 0.8% over the next ten years, occupations typically requiring a postgraduate degree are expected to grow 1.5°/o per year, those requiring a bachelor's degree are forecast to grow 0. 7o/o per year, and occupations typically needing a 2-year degree or certificate are expected to grow 1.1 % per year. An n ua l Ave r age Pr oj ec t ed Job Growth by Tra in ing Requ ired for Ken ai Pe nin su la Borough. Alaska Postgraduate degree CS 111.800} Sachelor'> degree ($81 . .200) :-:-:'-".::!:¥';~~.#t.'fij 'iS-14.-¥-lffN::fE.--_..? · J 2 year deqree or certificate <S 52 . 700) --•=-••RF.,.! P re v 1 ou~ work experience. no award ($55.9001 ''m """""'""':i,1~4 ·''.F,i:·--IRIPlillfl~~~~-""~tir~u ~~".'~~bf,'.'.,·;:,· ~o;~::::S;;J Long-term training. no exp. no award ($61.4001 · ·-• .. ~-· ~. · ... , .... · :l?I Mod erate-term OJ T. no exp. no award CS49 .000l -·-·" --~=~m~~!2!· ~---~--·~-~~-:;:;=~T-4·~ .. ~::u~ Short·tPrm OJ T. no exp . no awa rd ($32.300) . -:<; ·-=!!!f! . ...:"<:'·1•-'.~~-: .. ffio"I All Levels ($52.9001 Jo· o n1. o.4· I ( 0 H' I ~· I O' 12 .4 Employment by occupation data are estimates are as of 201604. Education levels of occupations are based on BLS assignments. Forecast employment growth uses national projections from the Bureau of Labor Statistics adapted for regional growth patterns. 20M 2009 2010 2011 2012 2013 2014 2015 2016 2017 THE FREEMAN·REiED INDEX RES 1IDENTllAL AVERAGE SALES PRlCE Greater Kenai Are A~tldential Avftraae Sftlea Price "'· 'l'Kil ffom Prevl 2008 l ,.ttr\\ 2009 -3..9nli 21HO ..0.05% 21H1 ..0..25% 21H2 7 .0Wi 21H3 ..o~ 21H4 7.499At 21H5 -1.02% 21H6 5 .811'!19 2017 1.12"' GREATER KE NAI AR EAS 300 -N o1th Kenai 305 -t<enc1[ 3tO -Kalifo1ml:?y Beach vs on M1.11k1M ,..l!ects. the tlme b lhe listing of a Property and the When it is ,Jcen Oft ilhe Mal'lcet. A\llefage Days on Madc:et is valuable information lo professionals and consumers to gauge die current market conditions. Your Real Eslale Professional can analyze Days on Malket infonnamn for a specific property. neighborhood or price range » better assist both sellers and b~. GrNllr~llRll Ar• Rlilfd!lllflll Dap on Mlrltlll 2017 infonn3tion iis Year To Date as oUhe Publication ID:llfe. All other Years a~ as of the End oUhat Yur. PullllcaUoft Dille: n l'&QDt7 ALAS KA MLS 111~ repA!HfltlllOl'l 11 11111Hd tn Wlt'IOle ar111 p311onClilllaMJA11lell111J' •. ana k> Ille~ or Alata Mlftple ~ semce. lnc.(AK NLS}. l nlbmtalJ:ll conlailnedi berell'J !Iii deem.Eld l'l!lab~ tJij 111Et ~lleed. Datl maintained' bf AK MLS Iii a IS own LR an11 may not relled .an rs e&tlb! aalMl)' mn Ille marJu!l. Thank you Tim Dillon Executive Director tim@kpedd.org 907-242-9709 Sponsored by: Councilmember Knackstedt CITY OF KENAI ORDINANCE NO. 2945-2017 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, allows for the use of fireworks for a 48 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 currently must be purchased outside the City 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 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 as well as use by minors; and, WHEREAS, it is in the City's best 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. New Text Underlined; [DELETED TEXT BRACKETED] Page 25 of 84 Ordinance No. 2945-2017 Page 2of9 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 lST 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. New Text Underlined; [DELETED TEXT BRACKETED] Page 26 of 84 Ordinance No. 2945-2017 Page 3of9 (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 PROHIBITION 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 KENAI FIRE DEPARTMENT.] New Text Underlined; [DELETED TEXT BRACKETED] Page 27 of 84 Ordinance No. 2945-2017 Page 4of9 8.20.005 Authority and Purpose. The City Kenai adopts this Chapter to exercise the authority granted bv 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, or if any changes to the ordinances are warranted. 8.20.010 Definitions. In this Chapter, unless the context otherwise requires: (al "Dangerous fireworks" means all fireworks not otherwise defined as saleable fireworks . (bl "Saleable fireworks" and "Fireworks" means fireworks defined as such in AS 18.72 .100 as amended from time to time . (cl "Personal and private use" means to use, ignite, detonate, or explode saleable fireworks on private property with the permission of the property owner. (dl "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. (el "Display" means the detonation of fireworks at any time . (fl "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. (al Personal and Private Use. On the days of December 31st and January 1st only, a 48 hour period, a person over the age of 18 may use salable fireworks within the City for personal and private use on real property owned by the person, other private property with the consent of the property owner, or on City owned tidelands below mean high water. (bl 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 Permits. (al 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 30 days from the date of an approved application showing the following: (ll Dates and location of the proposed displays; and (2l That all appropriate or required State licenses or certificates have been procured; and New Text Underlined; [DELETED TEXT BRACKETED] Page 28 of 84 Ordinance No. 2945-2017 Page 5of9 (3l 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 ($1,000,000l for bodily injury and death and at least Five Hundred Thousand Dollars ($500,000l for property damage; and (4l That the City of Kenai Fire Department has been notified and invited to be in attendance for fire control purposes; and (5l That the office of the State Fire Marshal has issued the necessary licenses or certificates, if applicable; and (6l The name of the applicant and the name and address of the State licensed pyrotechnic operator or company who will be conducting the display. (bl 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. (al 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. (bl 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. (cl 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: (ll The name and address of the applicant, and the name under which the applicant will do business under the permit; (2l 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; (3l The location at which the applicant will do business under the permit; (4l Proof that the applicant holds a valid, current permit to sell fireworks issued by the State of Alaska; and (5l 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. (dl 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 New Text Underlined; [DELETED TEXT BRACKETED] Page 29 of 84 Ordinance No. 2945-2017 Page 6of9 insurance meeting the requirements of this Chapter. Once the City has received proof 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. (el 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: (ll Two Million Dollars ($2,000,0001 single limit policy for personal liability, bodily injury, and property damage per occurrence. (21 The City of Kenai shall be named as an additional insured on all policies. (31 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 m furtherance of activities allowed by the permit. (41 Insurance must be by a comoanv/corooration 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. 8.20.060 Regulation of Permittee Operations. (al 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 and applicable state laws and regulations. (bl 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. (dl 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: (ll Display of City and state permits to sell fireworks; (21 All applicable state and federal regulations; (31 Tvpes of fireworks permitted to be offered for sale; (41 Display of required safety literature; (51 Fire suppression equipment; (61 Properly marked and accessible exits; and (71 No smoking signs. (el Restrictions on Sale and Use. New Text Underlined; [DELETED TEXT BRACKETED] Page 30 of 84 Ordinance No. 2945-2017 Page 7of9 (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. (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 require men ts: (1) The premises where fireworks are sold shall be located in a central, limited and general commercial or light and heavy 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. (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. 8.20.070 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 except as provided below. (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, and on City property below mean high water. (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: bottle rockets and sky rockets. New Text Underlined; [DELETED TEXT BRACKETED] Page 31 of 84 Ordinance No. 2945-2017 Page 8of9 (e) It is unlawful for any person under the influence of drugs, marijuana or 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, detonation or explosion of fireworks may result in seizure of the fireworks and I or a fine of $300. (g) 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. 8.20.080 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 control and 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. 8.20.090 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. 8.20.100 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. 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. Section 4. Effective Date: That pursuant to KMC l.15.070(f), this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Page 32 of 84 Ordinance No. 2945-2017 Page 9of9 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: April 5, 2017 Enacted: April 19, 201 7 Effective: May 19, 2017 New Text Unde rline d ; [D ELETED TEXT BRACKETED] Page 33 of 84 "Vtlla!Je with a Past, City with a Future" tire eity ()/ / KENAI, ALASKA ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I FAX: 907-283-3014 www. kenai.city MEMORANDUM TO: FROM: DATE: Mayor Gabriel and Council Members Council Member Knackstedt fl<. March 30, 2017 SUBJECT: Ordinance No. 2945-2017, Fireworks Control This memo provides a general background and sectional analysis of Ordinance No . 2945- 2017. General Background: The Ordinance is proposed p1imarily to increase revenue for the City of Kenai. In 2015, Chapter 8.20-Fireworks Control, was amended to allow the use of fireworks in the City for a 48 hour period over the New Year's Holiday. Because sales of fireworks are not allowed in the City, fireworks are purchased for use in Kenai in other taxing jurisdictions, Houston , Alaska being the closest. In discussions with administration in Houston and the City of North Pole, it was determined that sales tax revenue and permit fees from vendors was significant enough to propose this Ordinance. Informal discussions with one of the primary vendors in the State indicate there would be adequate interest from potential vendors. The proposed Ordinance is primarily modeled on ordinances from the Cities of Houston and North Pole. Sectional Analysis: 8.20.005 Authority and Purpose. This new section of code states the purpose of the Chapter is to regulate fireworks sales and use more restrictively than the State, as allowed by State statute. 8.20.007 Mandatory Review. This new section of code is included to ensure that the City Council will publicly review fireworks sales after two years of experience to determine whether fireworks sales should continue or if other changes are needed. Page 34 of 84 Mayor Gabriel and Council Members March 30, 2017 Page 2 of3 8.20.010 Definitions. The primary change in this section from existing code is a definition of "bottle rocket" and "sky rocket" which vendors are prohibited from selling as described later in the Chapter. 8.20.020 Fireworks Prohibition-Exceptions. The primary amendment in this section is in subsection (a) which allows the use of fireworks on City property below mean high water. This is intended to allow the public an attractive and relatively safe environment to use fireworks. Subsection (c) in the existing code is removed and addressed in 8.20.080 subsection (e). 8.20.030 Public Use Permits. This section of code addresses public displays such as what occurs at 'Christmas Comes to Kenai' and has no material changes from the current code. 8.20.040 Sale of Fireworks. This new section of code allows for the regulated sale of fireworks in the City, except for bottle rockets and sky rockets. Sky rocket sales are prohibited because of concerns with starting wildfires, or structure fires. Bottle rockets tend to be misused by youths, and can be dangerous. 8.20.050 Permit to Sell Saleable Fireworks. This new section of code limits sales of fireworks to the month of December each year. Discussions with at least one existing vendor outside Kenai indicates that this is more than a sufficient amount of time to allow for sales. This sections provides that every vendor must have a pem1it which costs $5,000 each year. This permit fee compares to $3,000 in North Pole and $5,000 in Houston. Permit applications and payments will be due by noon, on the last day of business in August. This is intended to provide sufficient time for vendors and the City to prepare for the activity. An application form will need to be developed. Applicants will have to provide proof of borough tax compliance and state licensure among other required information. In order to receive a permit, a vendor must provide proof of insurance naming the City as an additional insured with $2,000,000 single limit policies for personal liability, bodily injury and property damage per occurrence. This insurance requirement is the same as Houston's, North Pole does not have an insurance requirement, and the state requires a policy for a state license in the amount of $200,000 for bodily injury or death, and $50,000 for property damage. Page 35 of 84 Mayor Gabriel and Council Members March 30, 2017 Page 3 of3 8.20.060 Regulation of Permittee Operations. This proposed section provides for inspection of retail sales locations by the Fire Chief or designee, limits locations to one per permit, and regulates changes in ownership and location, as well as other requirements of operation. This section allows the Fire Chief or designee to prohibit all sales if necessary for public safety due to weather conditions and fire danger. Retail locations are limited to General, Limited and Central Commercial districts and Light and Heavy Industrial. Sales to minors and intoxicated persons are also prohibited in this section. A $300 fine is provided for violations of sales provisions, and allows for the City to close vendors until violations are corrected. 8.20.070 Controlled Use. This section regulates the use of fireworks to private property and City property below mean high water. It reiterates that sales to minors are prohibited, that sales of bottle rockets and sky rockets are prohibited, the use of fireworks while under the influence of drugs or alcohol is prohibited along with negligent or unlawful use. Violations of this section of code also carries a $300 citation and allow for seizure of fireworks. This section further allows the Fire Chief to prohibit or restrict the use of fireworks at any time due to weather or other public safety concerns with appropriate timely notice. 8.20.080 Exempt Sales and Uses. This section provides various exceptions for use and sale of fireworks. For example emergency signals and communication, use by the City for official purposes (such as animal hazing at the airport), military operations and certain industrial uses. 8.20.090 Penalties for Violations. This section provides a general $300 fine for violations of the Chapter. 8.20.100 Storage of Dangerous Fireworks This section requires storage in compliance with all local, state and federal laws and allows for inspection of fireworks storage by the Fire Chief or designee . Your consideration is appreciated. Page 36 of 84 April 12, 2017 To Whom This May Concern: "Vi11aje with a Pas; City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /Fax: 907-283-3014 www.kenai.city The City of Kenai will have a public hearing on Wednesday, April 19, 2017 to consider the attached Ordinance which would allow for the regulated sale of certain fireworks inside the City. You are provided this notice as a courtesy because you are registered with the State of Alaska for the retail sale of fireworks. The City Council member sponsoring this Ordinance is interested in industry perspective. You are welcome to attend the public hearing in Kenai, or provide written comments on the Ordinance to the City Clerk, Sandra Modigh, at srnodigh@kenai.c:ity. The meeting will begin at 6pm and written comments received by 12:00 pm on the day of the meeting will be provide to the Council for their consideration. Sincerely, CITY OF KENAI Scott M. Bloom City Attorney SMB/jvh Enclosure Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2946-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A VOLUNTEER FIRE ASSISTANCE (VFA) GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE PASSED THROUGH THE STATE OF ALASKA DIVISION OF FORESTRY FOR THE PURCHASE OF FORESTRY FIREFIGHTING EQUIPMENT. WHEREAS, the State of Alaska Division of Forestry has provided a grant in the amount of $6,750 to assist the City of Kenai Fire Department in purchasing forestry firefighting equipment; and, WHEREAS, appropriation of this grant for its intended purpose is in the best interest of the City and its residents; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Section 1. Form : That this is a non-code ordinance. Section 2. That the City Manager is authorized to accept a grant from the Unities States Department of Agriculture Forest Service passed through the State of Alaska Division of Forestry in the amount of $6,750 for the purchase of forestry firefighting equipment and is authorized to execute a grant agreement and to expend the grant funds to fulfill the purpose and intent of this ordinance. Section 3. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Federal Grants -Fire $6,750 Increase Appropriations: Fire -Small Tools/Minor Equipment $6,750 Section 4. 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. New Text Underlined; [DELETED TEXT BRACKETED) Page 38 of 84 Ordinance No. 2946-2017 Page 2 of 2 Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption" ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 2017. BRIAN GABRIEL SR., MAYOR ATIEST: Sandra Modigh, City Clerk Approved by Finance: ______ _ New Text Underlined; !DELETED TEXT BRACKETED! Page 39 of 84 Introduced: April 5th, 2017 Enacted: April 19th, 2017 Effective: April 19th, 2017 "Vt1/llje with a Past City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 I Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Jeff Tucker, Fire Chief March 30, 2017 VFA Grant-Ordinance No . 2946-2017 In March of this year the City of Kenai Fire Department was awarded a Volunteer Fire Assistance (VFA) grant in the amount of $6 , 750.00 for the purchase of forestry firefighting equipment from the United States Department of Agriculture Forest Service through the State of Alaska Division of Forestry. The grant will fund the purchase of a portable pump and fire nozzles. Page 40 of 84 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET TRANSFER IN THE PERSONAL USE FISHERY FUND FOR THE INSTALLATION OF INTERNET VIEWING CAMERAS. WHEREAS, the administration has undertaken a project to develop a participant app for users of the Kenai River personal use fishery; and, WHEREAS, live web cameras will be a key feature of the app and is highly desired by participants; and, WHEREAS, current cameras do not show activity on the river or City beaches; and, WHEREAS, installation of new cameras is required to provide users with desired views of the fishery and will enhance the experience of participants; and, WHEREAS, the administration has opted to not purchase the tractor that was included in the FY2017 Budget for $58,000 making funds available for transfer to accommodate the purchase and installation of additional cameras. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the following budget transfer is authorized: Personal Use Fishery Fund From: To: Parks, Recreation & Beautification - Machinery & Equipment Parks, Recreation & Beautification - Small Tools/Minor Equipment Page 41 of 84 $11, 150 $11 , 150 Resolution No. 2017-17 Page 2of2 Section 2. That pursuant to KMC 1.15. 080( b) this Resolution shall take effect upon enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 2017. BRIAN GABRIEL SR., MAYOR ATIEST: Sandra Modigh, City Clerk Approved by Finance~ Page 42 of 84 'Utt~ «1/t'1 a Pa~~ eif «1lt'1 a Fa.tan " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283 -3014 www.kenai.city MEMORANDUM TO: THROUGH: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager 9. c.? FROM: Dan Castimore, IT Manager DATE: April 12, 2017 SUBJECT: Resolution 2017-17 Over the past 4 years the City has installed a number of internet accessible cameras (webcams) for the Personal Use Fishery (PU). When these cameras were installed, they were not intended to be available to the public, but rather to assist the City in managing the fishery. Locations include views of Spruce St., Kenai Ave ., Boat Launch Rd, as well as parking lot views. These have been used to assist in making staffing decisions, such as when to send additional traffic control. As part of the administration's initiative to improve the experience for fishery participants and maximize the benefits of the fishery to the City of Kenai and its residents, we have worked to create a smart phone app. Most of the PU participants are not local, and do not know about all of the services available in Kenai. Advertisements will be available for local businesses on the app . The key features of this app include weather information, tide tables, maps, fee information, and live views of webcams. Because the existing webcams don't have views of the actual fishing areas, we are looking to install new cameras . These new cameras will focus on the parts of North and South Beach that people actually fish from . Views of the boat launch ramps and part of the Kenai River are also part of this project. The total cost of this project is $11, 150, which includes all of the equipment, and the installation of a utility pole at the South West end of Main St. The equipment will be installed by City employees . Specifics of the project costs are included below. Main St. -$5,950 o Install a utility pole and network equipment. o Install 1 camera with view of South Beach o Install 1 camera with view of North Beach Page 43 of 84 Page 2 of 2 Resolution 2017-17 Dock -$2,600 o Install network equipment on existing pole o Install 1 camera with view of boat launch ramps o Install 1 camera with view of Kenai River Spruce St. -$2,600 o Reuse existing network equipment o Install 2 cameras with view of North Beach Maps with expected camera coverage areas. Spruce Street. New cameras. Dock. New Cameras in yellow. Page 44 of 84 Main Street. New cameras. Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2017-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE AN INCREASE TO THE SENIOR CENTER MEAL RA TES . WHEREAS, the cost to produce a meal at the Kenai Senior Center is in excess of $15.00; and, WHEREAS, the $6.00 per meal rate for individuals 12 years and younger and the suggested donation of $6.00 per meal for seniors 60 years and older have not increased in six years; and, WHEREAS, at its March 9, 2017, the Council on Aging voted to recommend an increase to $7.00 per meal for individuals 12 years and younger and an increase to $7 .00 per meal for the suggested donation for seniors 60 years and older. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That Senior Center Meals section of the City's Comprehensive Schedule of Rates, Charges and Fees be amended as follows: SENIOR CENTER MEALS 12 years and younger Adult non-senior (13 years and older but less than 60 years) 60 years and older -Suggested Donation [$6.00] $7.00 $14.35 [$6.00] $7.00 Section 2. That pursuant to KMC 1.15.080(b) this Resolution shall take effect upon enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April , 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance ~ BRIAN GABRIEL SR., MAYOR New Text Underlined ; [DELETED TEXT BRACKETED] Page 45 of 84 'Utt~ «1/th a PaJ't, e~ "'''th a Fat~ " 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager?. c..::> . Rachael S. Craig, Senior Center Director April 12, 2017 Senior Center Meal Charges and Vintage Pointe Rental rates in the Fee Schedule During the Council on Aging meeting on March 9, 2017, the Council voted to recommend an increase in the suggested meal donation to $7.00 for seniors 60 and older. Adult non-senior (13 years and older but less than 60 years) meal charge would be $14.35 if using a credit card , with cash or check the charge would be $14.00, children 12 years and younger would be $6.00. The cost to prepare the meal is $15.00. On April 14, 2011, Council on Aging voted to raise the meal donation from $5.00 to $6.00. At the time, Council on Aging recommended there be a large sign showing the meal donation for seniors 60 + be $6.00; charge for non-seniors $11.00, charges for children under 12 years of age be $5.00. Page 46 of 84 KENAI CITY COUNCIL -REGULAR MEETING APRIL 5, 2017 -6:00 P.M. A. CALL TO ORDER KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A Regular Meeting of the Kenai City Council was held on April 5, 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 Henry Knackstedt Jim Glendening Mike Boyle A quorum was present. Also in attendance were: Robert Molloy (telephonic) Tim Navarre Glenese Pettey **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 D. 2. Add to Item G.7 . Move Item D.3. to before Item D. 1. Ordinance No. 2934-2017 • Proposed Amendment Memorandum Senate Bill 100, An Act Relating to Municipal Liens • Letter of Support Senate Bill 100, An Act Relating to Municipal Liens • Letter of Support Page 47 of 84 MOTION: Council Member Knackstedt MOVED to approve the agenda and requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Council Member Navarre MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, the public hearing was closed. Staff was thanked for their work to provide savings to the City. 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 -Freedom of Information Act I Alaska Open Meetings Act I Public Records Act. Bob Mcintosh provided a history on Freedom of Information Act and reviewed City, State, and Borough Open Meeting Act laws. C. UNSCHEDULED PUBLIC COMMENTS Linda Anderson spoke about the condition of Wildwood Drive; asked that a project to pave the road be considered. D. PUBLIC HEARINGS [Clerk's Note: Item 0.3. was moved to be considered first under Public Hearings during Agenda Approval.] City of Kenai Council Meeting April 5, 2017 3. 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. Page 2of10 Page 48 of 84 MOTION: Council Member Knackstedt MOVED to approve Ordinance No. 2944-2017 and the motion was SECONDED by Council Member Navarre. Mayor Gabriel opened the public hearing. Vivian Terry spoke in favor of the ordinance, noting the organization was 100% behind the donation to expedite the proposed work. There being no one else wishing to be heard, public comment was closed. Administration was thanked for collaborating with Kenai Senior Connections; Kenai Senior Connections was thanked for the donation. Administration clarified the project included repairing leaks, upgrading windows and covering the atrium. VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION: 1. 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. Council Member Navarre MOVED to enact Ordinance No . 2942-2017 and the motion was SECONDED by Council Member Knackstedt. Mayor Gabriel opened the public hearing; Bill Radke, president of Habitat for Humanity of the Kenai Peninsula, spoke in favor of the ordinance noting the organization targeted families in need of affordable housing; had built 22 homes over 18 years; families reimbursed the organization; thanked the City for contributing the property. He also noted that, in order to qualify for a home, the family must be living in unsafe conditions, have sustainable income, put 500 sweat equity hours into building the home. There being no one wishing to be heard, public comment was closed. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the last "Whereas" clause of the ordinance by adding the word, "enact," after, "Kenai," so that the clause read, in part, "the Planning and Zoning ..;ity of Kenai Council Meeting Page 3 of 10 April 5, 2017 Page 49 of 84 Commission reviewed the subject Ordinance and recommends the Council of the City of Kenai enact this ordinance," and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Navarre. VOTE ON THE AMENDMENT: There was no objection; SO ORDERED. Administration clarified that once the properties had been transferred to the family, property taxes could again be collected. VOTE ON THE MAIN MOTION: YEA: Knackstedt, Gabrie l, Molloy, Boyle, Glendening, Pettey, Navarre NAY: ** Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. MOTION: 2. 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. Council Member Knackstedt MOVED to enact Ordinance No . 2943-2017 and 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. Administration pointed out that organizations such as Alaska Government Finance Officers Association considered the policy a best practice; noted the policy would guide the financia l decisions of the City to provide uninterrupted service while keeping taxes and fees consistent. Also pointed out the policy established a minimum and maximum balance as well as a timeframe to increase and reduce should the balance fall outside the set parameters. MOTION TO AMEND: Council Member Knackstedt MOVED to amend the ordinance by removing and replacing 7.29.090 (a) to read as follows, "All revenues earned from City investments shall be recorded in the Genera l Fund or in funds that are required by federal or state statute or other appropriate authority. General fund investment earnings shall be transferred first to General Obligation Debt Service Funds in the amount of their respective annual debt service requirements, until such time that a fund's accumulated unreserved fund balance equals or exceeds its remaining debt requirements. Any remaining revenues are available to the General Fund .," and the motion was SECONDED by Council Member Boyle. Administration was thanked for their work on developing the policy and providing clarifications where needed . VOTE ON THE AMENDMENT: City of Kenai Council Meeting April 5, 2017 Page 4 of 10 Page 50 of 84 YEA: Knackstedt, Gabriel, Molloy, Boyle , Glendening, Pettey, Navarre NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. The equipment replacement fund and the way it was maintained was reviewed, noting it removed spikes in the budgets . VOTE: YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. 3. 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. [Clerk 's Note: Item 0.3. was moved to be considered first under Public Hearings during Agenda Approval.] 4. Resolution No. 2017-16 -Authorizing a Budget Transfer within the Congregate Housing Fund for Expenses in Excess of Budgeted Amounts. MOTION: Council Member Navarre MOVED to approve Resolution No. 2017-16 and requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed . VOTE: There being no objection; SO ORDERED. E. MINUTES 1.*Regular Meeting of March 15, 2017 Meeting minutes approved by the consent agenda . F. UNFINISHED BUSINESS -None . G. NEW BUSINESS 1. *Action/Approval -Bills to be Ratified. City of Kenai Council Meeting April 5, 2017 Page 5of10 Page 51 of 84 Approved by the consent agenda. 2. *Action/Approval -Purchase Orders Exceeding $15,000. Approved by the consent agenda. 3. *Ordinance No. 2945-2017 -Repealing and Re-Enacting Kenai Municipal Code Chapter 8.20-Fireworks Control, to Allow for the Limited Sale of Certain Fireworks in the City. Introduced by the consent agenda and public hearing set for April 19, 2017. 4. *Ordinance No. 2946-2017 -Accepting and Appropriating a Volunteer Fire Assistance (VFA) Grant from the United States Department of Agriculture Forest Service Passed through the State of Alaska Division of Forestry for the Purchase of Forestry Firefighting Equipment. Introduced by the consent agenda and public hearing set for April 19, 2017. MOTION: 5. Action/Approval -Mayoral Nomination and Council Confirmation of Appointing Neal D. DuPerron to the Harbor Commission. Council Member Boyle MOVED to confirm the Mayor's nomination to appoint Neal D. DuPerron to the Harbor Commission. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE: There being no objection; SO ORDERED. MOTION: 6. Action/Approval -Mayoral Nomination and Council Confirmation of Appointing Gretchen Alexander to the Council on Aging. Council Member Boyle MOVED to confirm the Mayor's nomination to appoint Gretchen Alexander to the Council on Aging . The motion was SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT. VOTE: MOTION: There being no objection; SO ORDERED. 7. Action/Approval -Authorizing the City Manager to Draft and Send a Letter on Behalf of the City Supporting a Senate Bill Entitled an Act Relating Municipal Liens. Council Member Boyle MOVED to authorize the Manager to draft and send a letter, on behalf of the City, supporting a Senate Bill entitled an Act Relating to Municipal Liens. The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. City of Kenai Council Meeting April 5, 2017 Page 6 of 10 Page 52 of 84 Administration clarified the past practice of placing a lien on property for the purposes of collecting money, the trouble encountered with frivolous liens, and the solution adopted for frivolous liens preventing municipalities from placing liens; further clarified that the Senate Bill would provide for municipalities to go back to placing liens if municipal law allowed. VOTE: MOTION: There being no objection; SO ORDERED. 8. Action/Approval -Special Use Permit to HDL Engineering Consultants, LLC for a Soils Test Lab and Equipment Storage. Council Member Navarre MOVED to approve a Special Use Permit to HDL Engineering Consultants, LLC for a soils test lab and equipment storage. The motion was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested. It was confirmed that the utilities to the building referred to electric and not natural gas. MOTION: Council Member Navarre MOVED to amend the permit by replacing the second paragraph in section 2. Permit Fees, with "In addition, the permittee shall be charged 76.10 per month for water and sewer for FY17. For FY18 the permittee shall be charged the applicable fee." The motion was SECONDED by Council Member Knackstedt who requested UNANIMOUS CONSENT. VOTE ON THE AMENDMENT: There being no objection; SO ORDERED. VOTE ON THE MAIN MOTION: There being no objection; SO ORDERED. 9. Action/Approval -Special Use Permit to State of Alaska Department of Natural Resources/Division of Forestry for Aircraft Loading & Parking. MOTION: Council Member Knackstedt MOVED to approve a Special Use Permit to State of Alaska Department of Natural Resources/Division of Forestry for aircraft loading & parking. The motion was SECONDED by Council Member Boyle. It was noted the fees changed slightly per fee schedule set by previous administration to bring the fees up to market value. VOTE: YEA: Gabriel, Glendening, Knackstedt, Molloy, Navarre, Pettey, Boyle NAY: **Student Representative Lindeman: YEA MOTION PASSED UNANIMOUSLY. ..;ity of Kenai Council Meeting April 5, 2017 Page 7of10 Page 53 of 84 10. Action/Approval -Schedule a Special Meeting to Conduct Annual Performance Evaluations for the City Attorney, City Clerk and City Manager. It was decided a special meeting would be held on April 25, 2017 for all three employees. 11. Action/Approval -Schedule a Work Session to Review and Discuss the Fiscal Year 2018 City of Kenai Budget. It was decided a work session would be held on April 29, 2017, beginning at 9:00am. 12. Discussion -Reducing the Size and Content of the City Council Meeting Advertisements Published in the Clarion. The City Clerk pointed out the topic had been briefly discussed previously noting other communities had paved the way; newspaper publication was costly; social media was more prevalent; recommended a move to publishing only public hearings along with date and time in the newspaper; anticipated approximately $7,000 savings to budget. Councilor Molloy disagreed with publication of only public hearings noting that some didn't have access to computers. It was decided the Clerk would bring back a more fleshed out ordinance and policy at her convenience. [Council Member Molloy left the meeting at 7:51 pm] H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging -No report; next meeting April 13. 2. Airport Commission -No report; next meeting April 13 3. Harbor Commission -No report; next meeting April 10. 4 . Parks and Recreation Commission -No Report; next meeting April 6. 5. Planning and Zoning Commission -It was reported that the March 22 meeting minutes were in the packet; also reported that at the work session on March 29, regarding the site plan ordinance, Planning had been given direction to review codes from other communities and bring potential amendments; next meeting April 12. 6. Beautification Committee -No report; next meeting April 11. 7. Mini-Grant Steering Committee -No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: City of Kenai Council Meeting April 5, 2017 • Did a Mayoral proclamation for National Public Health Week; Page 8of10 Page 54 of 84 • Participated in the Choose Respect March sponsored by the Leeshore Center; • Proclaimed April as Sexual Assault Awareness month . J. ADMINISTRATION REPORTS 1. City Manager-P. Ostrander reported on the following: • Ongoing meetings regarding the Bluff Erosion Project; anticipated report to be released on April 18 which would trigger public comment period; • Attended the March 22 Planning and Zoning Commission meeting; • Noted planning for the dipnet fishery had begun . 2 . City Attorney -Provided an update on the status of his review of leases on airport property within airport reserve; noted ongoing meetings. 3 . City Clerk -Provided a reminder on the deadline for financial disclosure statements. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) None. 2 . Council Comments Councilor Knackstedt noted the upcoming Kenai Peninsula History Conference. Student Representative Lindeman reported that the high school recently had a blood drive; also that prom was upcoming and expressed gratitude to the businesses that donated to the events surrounding prom. Council Member Glendening reported that he recently heard CIRCAC presentations and encouraged continuation of support; also noted that the Kenai Peninsula Borough was beginning their Comprehensive Plan revision . Council Member Pettey -noted the upcoming First Thursday event at the Kenai Fine Arts Center showcasing high school art. Vice Mayor Navarre noted he had been appointed to the Governor's Education Challenge Committee. L. EXECUTIVE SESSION -None. M. PENDING ITEMS -None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:30 p.m. 'ity of Kenai Council Meeting April 5 , 2017 Page 9of10 Page 55 of 84 I certify the above represents accurate minutes of the Kenai City Council meeting of April 5, 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. City of Kenai Council Meeting April 5, 2017 Page 10 of10 Page 56 of 84 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: APRIL 19, 2017 -u Q) VENDOR PERS HOMER ELECTRIC ~ INVESTMENTS 01 -...! S, VENDOR CX> ~ PIPER JAFFRAY DESCRIPTION PERS ELECTRIC USAGE DESCRIPTION U.S . GOV'T SECURITY DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 88,929.57 VARIOUS UTILITIES 115,110.17 MATURITY DATE AMOUNT Effect. Int. 4/19/2022 247,000.00 2.4% Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2947-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING SUPPLEMENTAL NUTRITION, TRANSPORTATION, AND SUPPORT SERVICES GRANT FUNDING IN THE SENIOR CITIZEN FUND, FOR FISCAL YEAR 2017. WHEREAS, annually the City receives a grant from the State of Alaska Department of Health and Social Services to provide Senior Citizen, Nutrition, Transportation, and Support Services (NTS); and, WHEREAS, the FY2017 adopted budget estimated grant funding for the NTS program in the amount of $182,847; and, WHEREAS, the original grant award for FY2017 was $190,847, $8,000 more than originally estimated and the additional amount was appropriated by Ordinance 2914-2016; and, WHEREAS, center staff received an opportunity to apply for additional NTS transportation funding and were successful in being awarded an additional $6,847 making the City's total FY2017 NTS funding $197,694; and, WHEREAS, demand for transportation services has increase year over year by 27.4% and by 9.68% in the Grant's targeted age group; and, WHEREAS, acceptance of the additional funding is in the best interest of the senior utilizing the center's transportation program and the citizens of Kenai. 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. That the City Manager is authorized to accept additional grant funding from the State of Alaska, Department of Health and Social Services in the amounts of $6,847 and to execute grant agreements and to expend the grant funds to fulfill the purpose and intent of the grant and this ordinance. Section 3. That estimate revenues and appropriations be increased as follows" Senior Citizen Fund Increase Estimated Revenues: State Grant $6,847 Increase Appropriations Transportation -Operating & Repair Supplies Transportation -Small Tools $3 ,000 2,700 New Text Underlined; [DELETED TEXT BRACKETE D] Page 58 of 84 Ordinance No. 2947-2017 Page 2 of 2 Transportation -Repair & Maintenance Section 4 . 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. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY T HE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 2017. ATIEST: Sandra Modigh, City Clerk Approved by Finance 7 ~ BRIAN GABRIEL SR., MAYOR Introduced : April 19, 2017 Enacted: May 3 , 2017 Effective: May 3, 2017 New Text Unde r lined ; [DELETED TEXT BRACKETED] Page 59 of 84 'Utt~ w1~1tt a Pa~~ e~ w1~1tt a ratal'e " 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager Y · 0 · Rachael S . Craig, Senior Center Director April 11, 2017 Ordinance Amending NTS Grant This memo is to support the Award Amendment #607-309-1710 in the amount of $6 ,847.00 to the 206-2017 NTS Grant. The Senior Center received an opportunity to apply for additional NTS funds for FY2017 . We focused the grant opportunity to increase funding for transportation . With reductions to the Home and Community Based Waiver Programs and to the Independent Living Center's taxi vouchers, our transportation figures have dramatically increased in FY2017 . We have seen growth in the following areas: • 27.4% increase in rides in the first seven months of FY2017 vs FY2016 . • 9.68% increase in rides for the target age group of 85+. • In addition to our current two part-time 14 hour paid drivers, we have increased volunteer driver support from 3 to 5 days per week. This extra funding will be used for fuel , hand-held scanners to assist our drivers with routes , counting rides, and additional expenses for maintenance fees for the scanners . The money will be allocated to the following accounts: 019-474-2022 $3,000.00 019-474-2024 $2,700.00 019-4 7 4-4538 $1. 147 .00 Total : $6,847 .00 Page 60 of 84 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2948-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FUNDS RECEIVED FROM KENAI SENIOR CONNECTION, INC. FOR THE PURCHASE OF A COPIER FOR THE KENAI SENIOR CENTER WHEREAS, the Kenai Senior Center has received $7,677.48 from the Kenai Senior Connection, Inc. for the purchase of a new copier for the Kenai Senior Center; and, WHEREAS, the new copier will assist the Center with daily printing and copying, printing of the Center's monthly newsletter, and printing of fundraising documents for the Kenai Senior Connection; and, WHEREAS, the purchase of this copier will improve operations at the Center and is in the best interest of the City and its residents. 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. That the City Manager is authorized to accept the donation from the Kenai Senior Connection in the amounts of $7,677.48 for the purchase of a copier and to expend the donated funds to fulfill the purpose and intent of this ordinance. Section 3. That estimate revenues and appropriations be increased as follows: Senior Citizen Fund Increase Estimated Revenues: Donations $7,677.48 Increase Appropriations Senior Access -Machinery & Equipment Congregate Meals -Machinery & Equipment Home Meals -Machinery & Equipment $2,559.16 2,559.16 2.559.16 $7,677.48 Section 4. 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. New Text Underlined; !DELETED TEXT BRACKETED) Page 61 of 84 Ordinance No. 2948-2017 Page 2 of 2 Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance --1.L~~'.....!~-- New Text Underlined ; !DELETED TEXT BRACKETED] Page 62 of 84 Introduced: April 19, 2017 Enacted: May 3, 2017 Effective: May 3, 2017 'Vtff ~ «1/t/e, a Pa~~ e~ «1/t/e, a h.taH JI 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?·<.? J Rachael S . Craig, Senior Center Director April 11, 2017 Donation for Konica Minolta Bizhub C258 Color/Printer/Scanner With a quorum present, the Kenai Senior Connection, Inc. (Connection) Board of Directors held a regular meeting on Friday, March 17, 2017 and considered a request by the Senior Center director to fund the purchase of a new Konica Minolta Bizhub C258 Color Copier/Printer/Scanner, with a 50-sheet stapling finisher for the Kenai Senior Center Administrative Office . A motion to purchase the above-referenced Bizhub for the quoted amount of $7, 190.26 was unanimously passed. A special meeting was called on April 7, 2017 to discuss additional options to the Bizhub as recommended by the City of Kenai's IT Department. A motion to purchase the above-referenced Bizhub for the quoted amount of $7,677.46 was unanimously passed. It is understood the funds for this purchase will be forwarded to the City of Kenai to be appropriated to the following Senior Center accounts: 019-470-8064: $2,559.16 019-471-8064: 019-472-8064: Total: $2,559.16 $2,559 .16 $7 ,677.48 Page 63 of 84 Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2949-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING FUNDS FORFEITED TO THE KENAI POLICE DEPARTMENT. WHEREAS, THE Kenai Police Department has received notice from the Court authorizing the forfeiture to the Kenai Police Department of $1204.50 in drug seizure funds; and, WHEREAS, the funds were seized during drug investigations, in which the Kenai Police Department was the investigating agency; and, WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeited funds in the furtherance of the administration of justice. NOW. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form : That this is a non-code ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues : Forfeitures $1,204.50 Increase Appropriations: Police -Small Tools $1,204.50 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. New Text Underlined; [DELETED TEXT BRACKETED] Page 64of84 Ordinance No . 2949-2017 Page 2 of 2 Section 4. Effective Date: "That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rct day of May, 2017. ATTEST: Sandra Modigh, City Clerk Approved by Finance J,-.d._ ' BRIAN GABRIEL SR., MAYOR Introduced: April 19, 2017 Enacted : May 3, 2017 Effective: May 3, 2017 New Text Underl in t>d; !DELETED TEXT BRA CKETED] Page 65 of 84 'Utt~ 1t1/t~ a fa,r~ elf 1t1lt~ a FataH " 210 FidalgoAve, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ~ v · David Ross -Police Chief April 10, 2017 Request ordinance appropriating asset forfeiture funds The City of Kenai currently holds $1,204.50 in investigative seizure money. Kenai Court orders were issued in April and May of 2016, that ordered the forfeiture of funds including $1,204.50 to the Kenai Police Department. The forfeiture is the result of drug investigations in which the Kenai Police Department was the investigating agency. The funds are designated to be used in the furtherance of the administration of justice. I am requesting an ordinance appropriating $1,204 .50 into the General Fund, Police- Small Tools account to help pay for police equipment. Page 66 of 84 'Utt~ t11ltli a Pa.rt, e~ t11ltli a Fu.tal"e II 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-75351 Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager y, 0. Robert J. Frates, Parks & Recreation Director April 12, 2017 Golden Wheel Amusements -Special Use Permit Purpose of this correspondence is to request Kenai City Council approval of a Special Use Permit to Golden Wheel Amusements. The Special Use Permit will allow Golden Wheel Amusements to set up and operate on the Softball Greenstrip premises for the purpose of conducting a for-profit carnival during the period of June 2, 2017 to June 4, 2017 . Set up will occur on May 30, 2017 with a departure date of June 7, 2017. Attachments Page 67 of 84 SPECIAL USE PERMIT 2017 The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby grants the right to use the Premises, identified on Attachment A to this Permit, to THE LEGACY GROUP, INC. D/B/A GOLDEN WHEEL AMUSEMENTS (Permittee): 1. Use/Term. Permittee shall have use of the Premises on the following days for the purposes of conducting a for-profit carnival open to the general public from 8:00 a.m. on June 2 , 2017, through the close of business on June 4, 2017. Permittee is scheduled to arrive and set up the carnival on May 30, 2017, and to completely tear down and depart no later than June 7, 201 7. The Carnival shall be operated during hours to be determined by Permittee on June 2 -June 4. 2. Fee. There shall be no rental or use fee for the Premises. 3. No Exclusivity. The use by the Pennittee of the Premises is limited to the purposes specified herein and is not intended to grant any exclusive use to the described Premises except as otherwise provided herein. This use is also subject to City, Borough, and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of the Premises and of adjacent and contiguous lands or facilities. 4. Sales Tax Compliance. Pennittee shall obtain a signed Certificate of Tax Compliance from the Kenai Peninsula Borough and submit a copy to the City prior to execution of this Special Use Pennit. Pennittee agrees to collect and remit all applicable City and Borough sales taxes. 5. Improvements. Permittee shall not make any pennanent improvements to the Premises. 6. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to assure itself to its own satisfaction that the Premises are safe for its purposes. The City does not make any warranty or guaranty of the suitability of the Premises for Permittee's intended purposes. 7. Restrooms. The City will provide access to the public restrooms which currently exist on the Premises. 8. Trash and Debris. The Pre1nises must be returned to its original condition at the end of the term of this permit. Clean up and/or repair charges beyond normal wear and tear will be billed to Pennittee based upon cost of repair. Debris and trash shall be collected and removed from the premises by Pennittee. Pennittee shall alert City Special Use Permit -Golden Wheel Amusements Page I of 6 Page 68 of 84 (Parks and Recreation Department) of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to Permittee's use. 9. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages, marijuana or illegal substances is permitted on the Premises. 10. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer of Permittee in the conduct of its business or activities on the Premises. 11. Sales and Solicitation. Permittee may sell amusement rides, snacks, drinks and related concessions, and other items and services nonnally incident to the conduct of a carnival, subject to paragraph 9 above. 12. Personalty. Any or all personal property placed or used upon lands or in facilities may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its invitees to the Premises. 13. Assumption of Risk. Permittee assumes full control and sole responsibility as between Permittee and City for the activities of Permittee, its personnel, employees, and persons acting on behalf of or under the authority of the Permittee anywhere on the Premises. Pennittee shall provide all proper safeguards and shall assume all risks incurred in its activities on the Premises and its exercise of the privileges granted in this Penni t. 14. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions, or requirements. 15. Insurance. Pennittee shall secure and keep in force adequate insurance, as stated below, to protect City and Permittee. Where specific limits are stated, the limits are the minimum acceptable limits. If Permittee's insurance policy contains higher limits , City is entitled to coverage to the extent of the higher limits. A. Commercial General Liability Insurance , including premises , all operations , property damage, personal injury and death , broad-fonn contractual , with a per- occurrence limit of not less than $1 ,000,000 combined single limit. The policy must Special Use Permit -Golden Wheel Amusements Page 2of6 Page 69 of 84 include an endorsement under which the insurer extends coverage to Permittee's fuel handling activities. The policy must name the City as an additional insured. B. Worker's Compensation Insurance with coverage for all employees engaged in work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further responsible to provide Worker's Compensation Insurance for any subcontractor who directly or indirectly provides services to Permittee under this Permit. C. Commercial Automobile Coverage with not less than $1,000,000 combined single limit per occurrence. This insurance must cover all owned, hired, and non- owned motor vehicles the Permittee uses on the Airport. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements: t. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. n. Permittee shall submit to the City proof of continuous insurance coverage in the fonn of insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. m. Permittee shall request a waiver of subrogation against City from Pennittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. iv. Provide the City with notification at least thirty (30) days before any tennination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by May 15, 20 l 7. The effective date of the insurance shall be no later than May 31, 2017. City may increase the amount or revise the type of required insurance on written demand without requiring amendments to this Pem1it. City will base any increase or revision on reasonable and justifiable grounds. Within two weeks of the written Special Use Permit -Golden Wheel Amusements Page 3of6 Page 70 of 84 demand , Permittee shall submit to City evidence of insurance coverage that meets the requirements of the City. 16. No Discrimination. Pennittee will not discriminate on the grounds of race , color, religion, national origin, ancestry, age , or sex against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by federal or State law. Permittee recognizes the right of the City to take any action necessary to enforce this requirement. 17. Contact Information. The Contact information for the Permittee, and the person in responsible charge for Permittee during the term of the Pennit, for purposes of notice and all communications from City to Pennittee is: Jacqueline Leavitt The Legacy Group , Inc. 18619 Old Glenn Highway Chugiak, AK 99567 Message Phone: 907.688.2296 Mobile Phone: 907.229 .4658 Fax: 907.688.2298 Tax I.D.: 92-0170383 18. Indemnity, Defend, and Hold Harmless Agreement: Pennittee agrees to fully indemnify, defend , and hold harmless , the City of Kenai , its officers, agents , employees , and volunteers from and against all actions, damages, costs, liability, claims , losses, judgments , penalties, and expenses of every type and description, including any fees and/or costs reasonably incurred by the City 's staff attorneys and outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities "), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of the Pennittee in connection with or arising from or out of Pennittee 's activities on or use of the Premises. This shall be a continuing obligation and shall remain in effect after termination of this Permit. 19. Authority. By signing this Pennit, Pennittee represents that it has read this agreement and it agrees to be bound by the tenns and conditions herein and that the person signing this Pennit is duly authorized by the organization to bind the organization hereunder. Special Use Pennit -Golden Wheel Amusements Page 4of6 Page 71 of 84 CITY OF KENAI By: ___________ _ Paul Ostrander City Manager Date THE LEGACY GROUP, INC. By: __________ _ Jacqueline C. Leavitt President Date ACKNOWLEDGMENTS ST A TE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska home rule municipality, on behalf of the City. ST A TE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Notary Public for Alaska My Commission Expires: ______ _ THIS IS TO CERTIFY that on this __ day of , 2017, the foregoing instrument was acknowledged before me by Jacqueline C. Leavitt, of The Legacy Group, Inc., an Alaska corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: ______ _ ATTEST: Sandra Modigh, City Clerk SEAL: Special Use Pennit-Golden Wheel Amusements Page 5of6 Page 72 of 84 APPROVED AS TO FORM: Scott M. Bloom, City Attorney Y :\Parks & Recreation\SUP\Golden Wheel \2 017 0405 Golden Wheel SU Permit.docx Special Use Pennit -Golden Wheel Amusements Page 6of6 Page 73 of 84 Attachment A Page 74 of 84 ACORD9 CERTIFICATE OF LIABILITY INSURANCE l DATE (MMIDDIVYYY) ~ 3/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIACATE OF INSURANCE DOES NOT CONSmUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Allied Specialty Insurance, Inc. NAME~CT 10451 Gulf Blvd PHONE I r~ No): L"" Nn ewn. Treasure Island, FL 33706-4814 E-MAIL ADDRESS : INSURERISI AFFORDING COVERAGE NAICI INSURER A: T.H.E . Insurance Company 12866 INSURED The Legacy Group, Inc. INSURER B: dba: Golden Wheel Amusements INSURER C: 18619 Old Glenn Highway INSURER D: Chugiak, AK 99567 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR n:a.!5~ 1~3hl~1 LTR ,..,Qn ~un POLICY NUMBER LIMITS A x COMMERCIAL GENERAL LIABILITY CPP0100912-07 04/01/2017 EACH OCCURRENCE s 1,000,000 ~ ::J CLAIMS·MADE ~ OCCUR 04/01/2018 ~RE'Mrs'EJ~E~~~nce1 ,__ $ 100,000 MEO EXP (Any one person) s NIA ~ PERSONAL & ADV INJURY ,__ s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERALAGGREGATE s 10,000,000 q D PRO-D Loc PRODUCTS -COMP/OP AGG $ 1,000,000 POLICY JECT OTHER : I s A AUTOMOBILE LIABILITY -CPP0100912-07 04/01/2017 04/01/2018 fE~'!~~~irlNGLE LIMIT s 1,000,000 ANY AUTO I BODILY INJURY (Per person) s -OWNED x SCHEDULED AUTOS ONLY BODILY INJURY (Per accident) $ -HIRED -~~~:igWNEO PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY IPer accident\ $ -~ s UMBRELLA LIAB H OCCUR EACH OCCURRENCE s -EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s $ WORKERS COMPENSATION WCP0004679-016 X I ~~~TUTE I I OTH-A AND EMPLOYERS' LIABILITY 10/15/16 10/15/17 ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDEO? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 g~~~:p~g~ ~nt~PERATIONS below I E.L. DISEASE -POLICY LIMIT s 1,000,000 I I I DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101. Additional Remarks Schedule, may be lltt.ached If more space Is required) EFFECTIVE FROM 5/30/17 THROUGH 6/07/17 ADDITIONAL INSURED: CITY OF KENAI AS RESPECTS TO THE GENERAL LIABILITY PERTAINING TO THE NEGLIGENCE OF THE NAMED INSURED ONLY CERTIFICATE HOLDER City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-201 CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 75 of 84 11V£llt1-je w£th a Pas; Ct'ty wt'th a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Council Members City Manager Paul Ostrander and ~ .0 City Attorney Scott Bloom .S ~ April 14, 2017 Recommendations for Development of Lawton Acres On January 24, 2017, the City Council held a work session to discuss an offer to purchase a portion of Lawton Acres as well as other options to maintain the property in its cun-ent state or promote development to varying degrees. The work session concluded with a request from Council for the City Manager and City Attorney to provide additional info1mation regarding the following questions: 1. What subdivision plan for development is recommended by Administration and are there issues with utilities or access? The attached subdivision plan is intended to provide for reasonable commercial development in Lawton Acres while providing a suitable transition to . the residential development to the south. Homer Electric Association, and Enstar were consulted to detennine the feasibility of providing gas and electric service to the parcel. The Alaska Department of Transportation was consulted to provide a preliminary analysis of access points that would likely meet with approval from the Department. Three access points are anticipated, one from the Kenai Spur Highway, that would provide access to Tract B, one from Walker lane that would provide access to Tract A , and one from Rogers Road that would provide access to Tract D. No access would be allowed from Lawton Drive. City water and sewer is available and developable on the Western, Eastern, and Southern boundaiies of the parcel. See attached memo from Public Works Director Sean Wedemeyer providing additional details on City water and sewer availability. The subdivision plan creates four separate parcels, Tracts A-D . Tract A , B, and D are surplus to the Cities needs and are recommended to be made available for private acquisition . Because all of these proposed parcels are zoned conservation, any development on the properties would most likely require approval through a conditional use permit or require a zoning change. Along the Southern boundary of Tract A and B , a Page 76 of 84 Mayor Gabriel and Council Members April 14, 2017 Page 2 of4 30 foot strip of land would be retained in ownership by the City and remain undisturbed. Along the Southern boundary of Tract D , the City would retain a 130 foot strip of land. Retention of this property is intended to provide appropriate separation between any development and the residential properties lying to the south of Lawton Drive. The nature of the development south of Tracts A and B warrants less separation whereas the larger 130 foot separation proposed along the southern boundary of Tract D is warranted due to the proximity and nature of the development in that area. All of the areas proposed for retention by the City could be deed restricted to prohibit development of these properties. Also proposed in the subdivision plan after consultation with the Kenai Peninsula Borough is a 20 foot right of way dedication of Lawton Drive. Although there is a 33 foot section line easement that encompasses the entire southern boundary of Lawton Acres, only 20 feet of dedication is necessary to accommodate any foreseeable future development of Lawton Drive. 2. If a sale of at least part of Lawton acres were to occur, what are the pros and cons of a negotiated sale, versus a sale open to the public? Dr. Jeremy Sorhus has provided a letter of interest, application for purchase and development plan for the eastern portion of the parcel consisting of approximately 4 acres. Kenai Municipal Code 21.15.180 allows for negotiated sales, outcry auctions and sealed bids for the disposal of Airport Lands outside the Airport Reserve. With a negotiated sale, the City can choose a buyer that it is comfotiable in consideration of community input. Dr. Sorhus has offered specific development restrictions and even to donate some of the land back to the City to maintain a green space/ buffer in the interest of satisfying neighborhood concerns. Such specific development restrictions could be difficult to maintain in a public sale which would go to the highest bidder. Conversely, a public sale allows for the City to obtain the highest price, allow for alternate development that may be equally compatible with the neighborhood, provide a competitive and open process and development could be restricted through pre-determined deed restrictions , zoning restrictions and conditional use permits. All sales are required by ordinance to be at or above appraised value. Administration recommends a sealed bid process. 3. Can the property be restricted from sale to preserve green space or create a park? Lawton Acres was obtained by the City for the Airport from the FAA in 1964. The deed requires that the prope1iy be used, leased , sold, salvaged or disposed of for Airpmi purposes unless the FAA consents to other uses. In 1983 , the FAA issued a Deed of Release allowing the City to sell or lease the property pursuant to a Council resolution that provided the City would devote proceeds to the Airport. It is recommended that if the City were to restrict the property or any portion thereof by deed, or some other instrument that prohibited leas e , sale , or other economic use of the property for th e be nefit of the A irport, the City 's General Page 77 of 84 Mayor Gabriel and Council Members April 14, 2017 Page 3 of4 fund, or other revenue source would be obligated to pay the Airport the fair market value of the parcel to avoid reverter clauses in the conveyance documents fonn the FAA , which could allow the FAA to take the property back. One other option could be to trade with the Airport property of equal value held by the general fund. 4. Can the question of whether or not the City should use general fund revenues to purchase the property from the Airport for the purpose of maintaining a green space or creating a park be posed to the voters? The City Council can seek an advisory vote at the regular or at a special election asking the voters whether they would like to use general fund revenue to purchase Lawton Acres , or some portion thereof, for the purpose of creating a park or preserving green space. A Council resolution is required to place the question on the ballot. 5. Is a local improvement district a reasonable approach to preserving some or all of the Lawton Acres as green space or a park? Forming a local improvement district is unlikely a viable approach. The number of parcels that could reasonably be included to support a local improvement district would result in property assessments that are prohibitively expensive. 6. Should the zoning be changed to facilitate a sale? Lawton acres is currently zoned as Conservation. The only petmitted uses in the zone are airports, parks and recreation , communication towers , essential services and farming / agriculture. By conditional use, housing is allowed from single to multifamily, assisted living facilities, churches, clinics, colleges, schools , government buildings, hospitals , libraries , museums, and other miscellaneous uses. Permitting uses through the conditional use process has the advantage of allowing for controlled use and development through the conditions imposed. The down side is that potential buyers take on the risk of not being able to develop as intended if a conditional use pem1it is denied which may dissuade commercial interest. This can be mitigated by structuring a lease to buy arrangement where the potential buyer leases the property at first and only exercises the option to buy if the conditional use permit is approved. This process would likely work well for a smaller number of lots , but if a larger subdivision was pursued a zoning change should be considered. One option to protect the neighborhood would be to consider the creation of a new zone that balanced commercial development with the existing residential neighborhood . Any zoning change should be initiated through a comprehensive plan review. When reviewing zoning changes, our courts look to the new zones consistency with the comprehensive plan, effect of small-parcel zoning on the owner and the Page 78of84 Mayor Gabriel and Council Members April 14, 2017 Page4 of 4 community and the size of the area rezoned.1 In order to avoid legal challenges it is recommended that the individual lots proposed for Lawton Acres not be rezoned inconsistent with the Comprehensive Plan. It is the Administration's reconunendation that the current zoning be maintained and development be conditioned through conditional use permits in order to best ensure development is consistent with the City 's intentions. 7. What is Administration's general recommendation? Develop the property as shown on the attached subdivision plan and as explained above in answer #I. The lots would be made available for acquisition by the public in a competitive sealed bid process. The sale would be structured as a lease to purchase, with the minimum bid amount set at fair market value as determined by a fee appraiser. This would allow the purchaser to pursue a conditional use permit prior to acquiring the fee simple interest in the land. If the conditional use permit was denied, the purchaser would have the option to terminate the lease. Once fee simple interest is acquired, any adjacent lands identified for retention by the City for separation from surrounding residential areas would be deed restricted and the airport would be paid the fair market value of the retained land as detennined by a fee appraiser. Tract C is currently the location of the Field of Flowers and also contains a waterway and associated drainage feature . Tract C would be retained by the City for the purpose of maintaining both the Field of Flowers and the waterway in public ownership and management. It is not the reco1mnendation of Administration that Tract C be deed restricted at this time to allow greater flexibility for the City in the future. 1 Griswold v. Cifc1 1 of Homer. 925 P.2d 101 5. 102 1-1025 (Alaska. 1996) Page 79 of 84 ***** 'Vttl~ w/tlv a PaJ'~ e~ w/t/v a h_tqe II All·Amenca City 210 Fidalgo Ave, Kenai, Alaska 99611-7794 I I 111 , Telephone : (907) 283-7535 I Fax: (907) 283-3014 ~ . http://www.kenai .city MEMO To: Mayor and City Council Through: Paul Ostrander, City Manager From: Sean Wedemeyer, Public Works Director _5,MW Date: 2/13/17 Re: Water and Sewer mains near 10095 Kenai Spur Highway 1992 12011 This memo is in response to your request for information regarding Water and Sewer utilities adjacent to 10095 Kenai Spur Highway (KSH), also known as Lawton Acres. Lawton Drive The water and sewer mains on Lawton Drive were installed in 1968. The water main is approximately 10 to 14 feet deep, is under the north side of the road, and has hydrants on the north of the sidewalk in the Right of Way (ROW.) The most cost effective method to install a water service line along Lawton would be to tie into a hydrant leg. Nevertheless asphalt and concrete (curb and sidewalk on north side of road) would likely be undermined and require replacement. The sewer main is on the south side of the road and varies from 10 feet deep at approximately midway between Walker Lane and Rogers Road near the natural low area to 14 feet at Walker and 16 feet at Rogers. A service line connected from the subject parcel to thi s sewer main would be very expensive due to extensive asphalt and concrete replacement . Walker Lane The water and sewer mains were extended across the Kenai Spur Highway on Walker Lane in 1979. The sewer is installed approximately at the centerline of the road and water is on the far side. There are sidewalks on both sides of Walker in this location. Connection to these mains would be expensive due to asphalt and concrete replacement. Rogers Road The water and sewer mains were extended across the Kenai Spur Highway on Rogers Road in 1971. The sewer is approximately mid lane on the east side of Rogers . The water main is approximately on the Page 80of84 west edge of the road . There is a concrete curb but no sidewalk on the west side. There are two sewer manholes nearby, one approximately midway between Lawton and the KSH, the other at the entrance to the multipurpose facility and Challenger Center. The most cost effective method to install a sewer service line along Rogers would be to terminate directly into a manhole to avoid excavating full depth to the main which is 16 feet deep at Lawton and shallows to 8 feet before crossing the KSH. A water service line could be installed in the same ditch, but would require excavating to the main, which is 14 feet deep at Lawton and shallows to 12 feet before crossing the KSH. Summary There are water and sewer mains on the South, West, and .East sides of the parcel. The sewer main is generally deep and on the far side of the roads . The water mains are generally deep and closer to the parcel than the sewer mains. The most cost effective location to connect service lines to the water and sewer mains is at the sewer manholes on Rogers. If connecting to mains that are below the water table de-watering would be required which is moderately technical and fairly expensive. There are multiple contractors in the area who have this expertise and equipment. The level of the water table varies throughout the year, and the depth and location of the mains are approximate best guesses based on old difficult to read plans. Therefore it is difficult to know before excavation if de-watering will be required and the extent of concrete and aspha lt replacement. The cost to connect will also be dependent on size, length, and material used for the service lines. Connecting service lines from the parcel to the mains can be accomplished anywhere along the road by multiple local contractors, but at a significant cost in most locations. Attachment Water and Sewer Mains Map Page 81of84 @'x ' ~' 3-1 ·,,, \ ...-~ _,,.-~ ... ., 1A-7A ·-i--1 ~ .. -~ 0 ··1-A·-._.._·:·~~ \ ~ / 3 :? 2 'o .. \fj l ... -I ••• L .... _ -·-~~ ..... Y--i?;~ -~ • DIP It ~ffiil' _ .... ., -'<:ti & DI P 3 ·~ \ 4 I ~ I SEWED MAIN ::.. Q .~~----~~~~~~~~~~~~~~~~~----... KENAI SPUR HIGHWAY N ~<9 ?-"· "C'" Pll.RK ~"'..f:,&c:::.i.00·1. 2 ., .. I. 1-B 0 .• 10095 KENAI SPUR HIGHWAY 14' 2 3 3 ~ u ~ MANHOLE--·->@ ~ a NATER KENAI SPUR HIGHWAY NC.~: -10--10095 KENAI SPUR HlGHWAY ~p __,.-;;- ~ . .,._ I 1'?09V 'i~I OV 10' 8 ll · C 68 O"A C 6 - ... -I .. .., .. •. .. ... ,, ,..!02Vi /;;2 1 I I Vh '.le1 I I 2 3 3 ! 1•12 11 3 4 i 5 TR. A-2 ~ 10 6 1 :~es~ -~. lJ') +• 104 l{) 0 .,... Ol ~ z .,... ...J .,... .,... 0::: w ~ <') ...J .,... .,... ~ --- l{) .,... .,... 10 2 00 10160 10128 10224 10288 -0 0 N ... , ! 7~o· Tr~~+-B _ ~. 7 ci.e. 106 NOTES: 1) 2) 3) 4) 5) LA\/VTON DR. 112 202 ~ 206 208 ~ Gas service is available to all parcels from the Kenai Spur Hwy. Electric service is available to all parcels from the Kenai Spur Hwy. Water service is available from Walker Ln., Lawton Dr., and Rogers Rd . Sewer service is available from Walker Ln., Lawton Dr., and Rogers Rd. The Kenai Peninsula Borough recommended a 20' right of way dedication of Lawton Dr. along the south boundary of Lawton Acres to provide for a tot a I right of way width of 70'. [ 1:2,000 l --- 11 302 10096 1006 4 10060 ~L ~.o ---~ .. . ... o..c. 308 402 406 .,... 0 N 20 7 Ol 0 N ;< t,oOO , I -0 .0 r f.J -----·~------------·~-----·--··",..... •·v ·--~--,~.-... .,_ ,, ~-----~- 41 0 412 420 422 424 <') Ol '<!" 0 0 .,... N .,... '<!" I- CD (/) l{) r--. 0 0 .,... .,... N <( '<!" ...J co :'.) 0 .,... ~ 0 .,... N .,... .,... -·o & l.f) 0::: w 0 0 Q£ 7 CD (") '<!" '<!" (") '<!" PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: APRIL 19, 2017 VENDOR U.S. POSTAL SERVICE YUKON EQUIPMENT "U Ill cc <1> CX> ~ 0 -CX> ~ DESCRIPTION DEPT. POSTAGE FOR METER LIBRARY OSHKOSH PLOW CUTTING EDGES AIRPORT ACCOUNT AMOUNT POSTAGE 3 ,000.00 OPERATING SUPPLIES 8,852 .76 APRIL 19, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDAIPACKET: ACTION ITEM Add to Item DA Ordinance No. 2945 -2017 Proposed Amendment Memorandum Add Item G.8 Donation to Saving the Brown Bears Hockey Team • Booster Club Information REQUESTED BY Councilor Glendening Councilor Navarre & Mayor Gabriel wid a Ad, G'itr� wit�i a f trv�e 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 Me C# o f www.kenai.city KENAI \� ALASKA MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Council Member Glendening DATE: April 19, 2017 SUBJECT: Ordinance No. 2945 -2017 Amendment Memorandum It is my intent to amend Ordinance 2945 -2017 to expand the timeframe fireworks are legal to use in the City from a 48 -hour period to one month, and to extend the timeframe in which they may be sold. Because the notice of the Ordinance to the public did not include expanding the timeframe for use, if this motion passes, I would request an additional public hearing at the next council meeting before voting on the main motion to adopt the Ordinance. I move to make the following amendments: • Amend the title to insert the words ", and use" after "sale' as follows 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, AND USE OF CERTAIN FIREWORKS IN THE CITY. • Amend subsection (a) of KMC 8.20.020 Fireworks Prohibition - Exceptions, on page 28 of the Packet by changing "December 31 at" to "December 1 st", deleting the word "and" and replacing it with "through', and deleting "48 hour" and replace it with 'one month" to read: (a) Personal and Private Use On the days of December f311st [ANDI through January person other private property with the consent of the property owner, or on City owned tidelands below mean high water. • Amend subsection (a) of KMC 8.20.050 Permit to Sell Saleable Fireworks, on page 29 of the Packet y deleting "December 1" and replacing it with "the fourth Friday in November" to read: Page 2 of 2 Ordinance 2945 -2017 Amendment Memo YvaI Iooucu. (Note: new language bold and underlined, deleted language in caps and bracketed.) Your consideration is appreciated. Page 3 of 2 Ordinance 2945 -2017 Amendment Memo it y .+ cc o`c Q W �4:61 W Q Q W j O O O oQc 0 CL � ^ a m � Ln g s a S Z c4cc W m O m M CAW Q cc W LLJ Y h oc LJLJ O Lai cc O a ~ y z � 0 D Z O Q H W ~ O Q CL H Ln W � a CJO UN> ME," Kenai River Brown Bears 2017/18 Season tickets — Booster Club prices Prices listed below are good through April 30, 2017. Prices will go up 109/b May through July, 2017, an additional 10% will be added after July 31, 2017. Booster Club $5000.00 Gold Level Four VIP Passes Pass includes admission to all regular season home games Value: $1344.00 Admission to VIP lounge for all regular season home games Value$2781.00 Admission to all KRBB events including table when offered Value $2184.00 Exclusive KRBB Booster Club Apparel Value $442.00 Bronze Level Four season tickets $2500.00 Value $1344.00 Two passes to VIP lounge for all regular season home games Value$1662.00 Exclusive KRBB Booster Club Apparel Value $68.00 Copper Level Two season tickets $1000.00 Value $672.00 One pass to VIP lounge for all regular season home games Value $830.00 Exclusive KRBB Booster Club Apparel Vaiue$34.00 Season Tickets Family rate -Two General Admission, two children $ 700.00 Value$1232.00 General Admission —13 — 59 years $ 249.00 Value $336.00 Child — 5 to 12 years $ 149.00 Value $280.00 Senior Citizen — 60 + years $ 149.00 Value $280.00 $ 149.00 Military Value $280.00 Current College 10 $ 149.00 Value $280.00 Name _ Address Phone _ Signature E -mail V0r MC)9C inf`o F�GcaSc call ('f:10-1)39q-HH92 KENAI PENINSULA YOUTH FOUNDATION NON - NEGOTIABLE AND NON - TRANSFERABLE PERSONAL PROMISSORY NOTE In the event the Kenai River Brown Bears, a program of the Kenai Peninsula Youth Foundation ( "KPYF "), apply for active status and are approved by the North American Hockey League ( "NAHL ") to participate in the 2017 -18 season, I, ( "Maker "), residing in the State of do personally promise to pay to the order of the Kenai Peninsula Youth Foundation ( "KPYF "), a non - profit organization, a principal sum in the amount of $ on or before July 1, 2017. Futhermore, in the event the Kenai River Brown Bears elect to continue hockey operations in the North American Hockey League for the 2018 -19 season, I, ( "Maker "), residing in the State of do personally promise to pay to the order of the Kenai Peninsula Youth Foundation ( "KPYF "), a non -profit organization, a principal sum in the amount of $ on or before July 1, 2018. I, Maker, understand the KPYF, its staff, program participants, NAHL members and USA Hockey rely on this Personal Promissory Note. I, Maker, also understand approval of the request for Brown Bears re- activation by the NAHL as a Tier II Junior A member may depend, in part, on the aforementioned promise and guaranty made by me. This Personal Promissory Note is expressly made non - negotiable and non- transferable and presentment, demand, notice of demand and notice of dishonor or default are expressly waived herein. In the event of default, I, Maker, shall be liable for all costs of collection on this Personal Promissory Note, taking all damages suffered by the KPYF as well as reasonable attorneys' fees therefore. Signature of Maker Printed Name of Maker Street Address of Maker City / State / Zip Code of Maker Seal / Stamp of Notary Public Printed Name of Notary Public Date �., \� �, >�i �S ��s � � x k �� ai s � s k �s � �s S `� �� � � �� s,� � � '�'. PRL Logis)cs, Inc. Capabili)es Overview & Hybrid Airship Opera)ons Prepared for Kenai City Council April 2017 1 CommiHed to Safety Recent awards received by PRL Logis4cs, Inc.: • In May, 2016, PRL was named as the 2015 AOGA's Safety Contractor of the Year • In April, 2017, PRL received the Governor's award for Outstanding Achievement in the Field of Safety and Health Useful Links • www.pacrimlog.com • www.straightlineavia)on.com • www.thecannerylodge.com 2 PRL Logis)cs - Overview • Privately held Alaska owned business with worldwide strategic alliances • Team of in-house logis)cs professionals, safety experts, project managers and project administrators • Provide agile, scalable and visible ‘turn key’ logis)cs solu)ons • Non-asset based strategy means we help our clients choose leverage the market for the best solu)on for their business • Specialize in ‘High-Vis” mission cri)cal mul)-modal cargo transporta)on Classified, Secret, and Top-Secret opera)onal support by a strong assurance process • Recipient of the Alaska Oil and Gas Associa)on (AOGA) Contractor of the Year for Safety Performance 2016 • Recipient of the 2017 Alaska Governor’s Award for Safety Excellence 3 PRL Logis)cs – Management Services • Logis)cs planning, modeling, es)ma)ng, and execu)on management services • Logis)cs and Material Management services including project staffing, field material coordinators, project planning, scheduling, es)ma)ng, cost engineering, repor)ng, and performance analysis • Safety management services including safety program development, risk assessments, training, and field safety support • Turnkey advance mobiliza)on solu)ons (pioneer camps) 4 PRL Logis)cs Facili)es • Anchorage: Corporate Office, Warehouse, Staging Yard • Kenai: Opera)ons Center, Staging, Lodging Warehouse • Deadhorse: Field/Ops Office, Warehouse, Staging Yard • Kodiak: Field/Ops Office, Staging Yard • Dutch Harbor: Field/Ops Office, Staging Yard • SeaDle: Field/Ops Office, Staging Yard, Warehouse • Hawaii: Field/Ops Office, Warehouse • Guam: Field/Ops Office Warehouse, Staging Yard • Houston: Field/Ops Office, Warehouse, Staging Yard 5 PRL Standardized Logis)cs Execu)on Plan Section 3 Project Theater Layout Section 3.# Specific Areas of Operations Section 5 Regional Capabilities Section 4 Project Logistics Demands Section 6 Logistics Organization Section 7 Concept of Operations Provides Overview of… …which iden1fies… …u1lized to fulfill… …with the people in the… …who execute the… Section 2 Project Mission Provides Basis for the… Section 1 Executive Summary 6 PRL 360 – Infrastructure Analysis and Rapid Re-planning 1.) Rapidly Develop Plan Scenarios Against Database of Assets and Infrastructure Data 2.) Review and Analyze Scenarios 3.) Rapidly Re-Plan and Op4mize Scenarios Upload Project Theater & Plan Metrics 7 Sample Project History 8 • AGDC – FERC Comment Responses and Logis)cs Planning • AKLNG – Authored the Integrated Logis)cs Execu)on Plan for the Co-Venture partners, performed 13 logis)cs studies including modeling and analysis • Point Thomson Project – Developed project logis)cs plan, awarded and executed the Material Logis)cs and People Logis)cs contracts for the construc)on and drilling, and awarded Material and People Logis)cs contract for the produc)on opera)ons • Alaska Pipeline Project (APP) – Logis)cs project management support, remote camps, catering, communica)ons, and wild life safety. • FEX – Provided logis)cs project management, field management, planning, management, real-)me field cost tracking, scheduling, fixed-wing and helicopter opera)ons, barging, remote camps and catering, fuel tracking and opera)ons. • Oogooruk – Developed and implemented a program for remote logis)cs mobiliza)on that included planning, management, cost tracking, scheduling, fixed-wing and helicopter opera)ons, barging opera)ons, staging, warehousing, and remote camps. • Petro Kamchetka /KNOC - Logis)cs project management, procurement, camp management, expedi)ng, freight management services , customs documenta)on, and maintenance. • Liberty - PRL provided project feasibility analysis, business case development and other logis)cs support services. Our Historical and Current Clients 9 Hybrid Airship 10 • Offered by PRL Logis)cs, operated by Straightline Avia)on, built by Lockheed Mar)n • PRL globally manages charter arrangements, ground support, passenger and cargo reserva)ons, and related support logis)cs • Straightline provides the qualified flight crew and performs maintenance • Requires very liHle infrastructure for safe, reliable opera)ons • Perfect for remote logis)cs • FAA cer)ficated Hybrid Airship in 2019 • Opera)onal year round • Near ver)cal take-off and landing capable Client Confiden)al Hybrid Airship Specifica)ons & Capabili)es • Hybrids are big – i.e. the size of a soccer field • Hybrids are heavier than air • Carries up to 22 tons of cargo along with 18 passengers 11 • 80% of the lio is achieved by helium (non- flammable gas) and 20% of the lio is achieved by the aerodynamic shape of the aircrao and four vectored thrust engines • Range is 1400 nau)cal miles = 2591 km = 1610 miles • Speed is 60 kn = 111 km/h = 69 mph • Unimproved landing zone requirements for ver)cal take-off is 150 m = 492 o • Unimproved landing zone for maximum payload is 730 m = 2395 o • U)lizes unique hovercrao-like Air Cushion Landing System to hold the crao firmly on the ground and to assist in take-off • No catastrophic failure even if all four engines shut down – floats to the ground very slowly Client Confiden)al 12 Hybrid Airship Specifica)ons & Capabili)es Built for cargo with passenger capability Ballast water tanks Cargo diesel tanks LMH-1 fuel tanks Flight Deck Client Confiden)al • Flight Deck: 2 pilots and 8 passenger seats • Accommoda4on Bay: Galley and lavatory and up to 11 passenger seats – adaptable to user’s needs • Fuel Bay: Fuel and other systems in this area, access to cargo bay, can hold light cargo and baggage • Cargo Bay: 60’ x 10’ x 10’, built for heavy cargo, height from ground supports easy truck loading/ unloading • AV Door: Full opening. Long loads can be lashed and transported with the door open • Saddle Tanks: Ballast water and op)onal liquid cargos such as fuel 60 Feet 10 Feet 4 channels for )e downs, rollers and/or pallet locks fiHed as required (ex. various L- Track systems) Floor Loading: • 200 lbs per square foot localized over the en)re floor area • 1500 lbs per linear foot over the 60 foot length • Addi)onal longitudinal support in wheel tracks support concentrated loads from vehicles (50psi) Wheel Track Wheel Track Hybrid Airship (LMH1) Cargo Floor – Conceptual Design Parameter Client Confiden)al Hybrid Airship Sustainability LESS NOISE 60 70 80 90 dB Twin Engine Turbine > Airship Range AircraV Takeoff Noise (300m) Turbine Helicopter > Jet Aircrao > LESS FUEL LESS EMISSIONS Jet AircraV 1.2 kg per ton mile Airship 0.4 kg per ton mile CO2 Client Confiden)al Heavier than air + ACLS = Stable ground opera)on Takeoff and land on unimproved surfaces and water Low carbon emissions + low noise + eliminate infrastructure = environmentally friendly Reduce transporta)on cost of remote projects Enable launch of projects previously thought inaccessible A Lockheed Martin product, backed by 100 years of avia)on excellence Deliveries – as early as 2019 SUMMARY Hybrid Airship A Transporta4on Revolution Client Confiden)al Cook Inlet Opera)ons Center 16 Contact Us Ron Hyde, President & CEO Ron.Hyde@pacrimlog.com Office: 907-261-9406 Mobile: 907-223-1242 Brooke MarcoHe, Execu)ve Assistant Brooke.MarcoHe@pacrimlog.com Office: 907-261-9417 Mobile: 907-793-0170 PRL Logis)cs, Inc. Main: 907-261-9440 421 W. 1st Avenue, Suite 250 Anchorage, Alaska 99501 USA www.pacrimlog.com 17 Ques)ons? How can PRL add value and support your opera)ons? Thank you for your )me and considera)on. 18 APRIL 19, 2017 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDAIPACKET: ACTION ITEM Add to Item DA Ordinance No. 2945-2017 Proposed Amendment Memorandum Add Item G.8 Donation to Saving the Brown Bears Hockey Team • Booster Club Information REQUESTED BY Councilor Glendening Councilor Navarre & Mayor Gabriel