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HomeMy WebLinkAbout2019-03-06 Council Packet KENAI CITY COUNCIL - REGULAR MEETING MARCH 06, 2019 - 6:00 PM KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.kenai.city A.CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL CONSENT AGENDA (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B.SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D.PUBLIC HEARINGS D.1.Resolution No. 2019-14 – Authorizing the City Manager to Enter into an Amended Restaurant Concession Agreement for the Kenai Municipal Airport. (Administration) Resolution No. 2019-14.pdf E.MINUTES E.1.*Work Session Summary of February 20, 2019 02-20-19 Work Session- Employee Evaluation Process- DRAFT.pdf E.2.*Regular Meeting of February 20, 2019 02-20-19 Council Minutes - DRAFT.pdf F.UNFINISHED BUSINESS F.1.Ordinance No. 3048-2019 – Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) [Clerk’s Note: During the 02/06/19 Meeting, this Item was Postponed to This Meeting; a Motion to Enact is On the Floor.] • Substitute Ordinance No. 3048-2019 Ordinance No. 3048-2019.pdf 1 Kenai City Council Meeting Page 2 March 06, 2019 Ordinance No. 3048-2019 Substitute.pdf G.NEW BUSINESS G.1.*Action/Approval – Bills to be Ratified. (Administration) Payments over $15,000.pdf G.2.*Action/Approval – Purchase Orders Exceeding $15,000. (Administration) G.3.*Ordinance No. 3054-2019 – Accepting Drug Seizure Funds Forfeited to the City in the Amount of $2,153.52 and Appropriating those Funds into the Police Professional Services Account in the Furtherance of Criminal Investigations. (Administration) Ordinance No. 3054-2019.pdf G.4.*Ordinance No. 3055-2019 – Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training. (Administration) Ordinance No. 3055-2019.pdf G.5.*Ordinance No. 3056-2019 – Amending Kenai Municipal Code 14.22.010-Land Use Table, to Allow Business/ Consumer Services and Taxidermy/Gunsmithing in RR1 Zoning District by Conditional Use Permit and Removing the Location Restriction on Professional Offices Allowed by Conditional Use PermitWithin the RR1 Zone. (Council Members Peterkin & Glendening) Ordinance No. 3056-2019.pdf G.6.Action/Approval – Special Use Permit to Kenaitze Indian Tribe for Snow Storage. (Administration) SUP - Kenaitze Indian Tribe.pdf H.COMMISSION/COMMITTEE REPORTS H.1.Council on Aging H.2.Airport Commission H.3.Harbor Commission H.4.Parks and Recreation Commission 02-07-19 Parks & Rec Summary - DRAFT.pdf H.5.Planning and Zoning Commission H.6.Beautification Committee H.7.Mini-Grant Steering Committee I.REPORT OF THE MAYOR 2 Kenai City Council Meeting Page 3 March 06, 2019 J.ADMINISTRATION REPORTS J.1.City Manager J.2.City Attorney J.3.City Clerk K.ADDITIONAL PUBLIC COMMENT K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker) K.2.Council Comments L.EXECUTIVE SESSION M.PENDING ITEMS - None. INFORMATION ITEMS Purchase Orders between $2,500 and $15,000 for Council Review Purchase Orders between $2,500 - $15,000.pdf Kenai Historical Society Newsletter – February 2019 KHS Newsletter Feb 2019.pdf N.ADJOURNMENT The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231. 3 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2019 - 14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED RESTAURANT CONCESSION AGREEMENT WITH THE KENAI MUNICIPAL AIRPORT. WHEREAS, on August 1, 2018, Council passed Resolution 2018-42 authorizing the City Manager to enter into a restaurant concession agreement with the Brothers’ Café; and, WHEREAS, for the rights and privileges granted under the agreement, the Brothers’ Café paid a monthly percentage of 5% of gross receipts plus applicable sales tax for August and September of 2018 and 10% plus applicable sales tax for all months after September 2018; and, WHEREAS, the Brothers’ Café is experiencing a decrease in their business due primarily to impacts from the terminal rehabilitation project and is requesting a temporary rate adjustment from 10% to 5% for the months of February, March, April, and May 2019; and, WHEREAS, City Administration has determined that the request is reasonable due to impacts from the construction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 2. That the City Manager is authorized to execute an amendment to the concession contract with The Brother’s Café’ to amend the monthly percentage to 5% of gross receipts plus applicable sales tax for the months of February, March, April and May 2019. Section 1. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of March, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk 4 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary L. Bondurant, Airport Manager DATE: February 21, 2019 SUBJECT: Resolution No. 2019 – 14 - Brothers’ Cafe On February 13, 2019, Jim Hamilton, owner of Brothers’ Café, requested a temporary rate reduction in the percentage of gross receipts paid to the City due to loss of business since the terminal construction project started in October 2018. Customer dissatisfaction with noise, parking, and terminal navigation, is impacting the business. The Brothers’ Café is current in all fees owed to the City and in compliance with the Kenai Peninsula Borough. I recommend reducing the percentage of gross receipts paid to the City be reduced from 10% to 5% for the months of February, March, April, and May 2019. Thank you for your consideration. Please contact me if you have any questions. 5 KENAI CITY COUNCIL WORK SESSION EMPLOYEE EVALUATION PROCESS REVIEW FEBRUARY 20, 2019 – 5:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR GABRIEL, PRESIDING NOTES Council present: Mayor Gabriel, J. Glendening, H. Knackstedt, R. Peterkin, G. Pettey, B. Molloy Others present: City Manager P. Ostrander, Human Resource Director S. Brown, City Attorney S. Bloom, City Clerk J. Heinz A. Call to Order Mayor Gabriel called the work session to order at 5:00 p.m. B. Introduction – Mayor Gabriel Mayor Gabriel introduced Council and staff members present. C. Overview of Employee Evaluation Process Human Resource Director S. Brown provided an overview of a process for the City Council to utilize in the evaluation of its employees. It was explained each Council Member would fill out a questionnaire which would then be compiled into the formal performance evaluation document by the Mayor and the formal performance evaluation document would be what was reviewed with the employee during an Executive Session. Clarification was provided that a draft of the composite would be emailed to the body prior to the Executive Session, where the document would be finalized. It was suggested additional collaboration on the formal document take place in Executive Session prior to the employee being brought in. Methods and best practices were reviewed and suggestions for pitfalls to avoid were provided. The employee providing a document outlining their goals and accomplishments for the year and goal setting were discussed. Explanation regarding ratings, distribution, and expectations was provided. D. Council Discussion – None. E. Public Comment There was no one wishing to be heard. F. Adjournment The work session adjourned at 5:57 p.m. Notes were prepared by: _______________________________ Jamie Heinz, CMC City Clerk 6 KENAI CITY COUNCIL – REGULAR MEETING FEBRUARY 20, 2019 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on February 20, 2019, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor Robert Molloy Henry Knackstedt Tim Navarre (absent) Jim Glendening Robert Peterkin Glenese Pettey A quorum was present. Also in attendance were: Paul Ostrander, City Manager Scott Bloom, City Attorney Jamie Heinz, City Clerk 3. Agenda Approval Mayor Gabriel noted the following revisions to the agenda: Add to item D.4. Resolution No. 2019-13 • Amendment Memo Add to item F.1. Ordinance No. 3049-2019 • Letter from FAA MOTION: Council Member Molloy MOVED to approve the agenda with the requested revisions to the packet and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 7 City of Kenai Council Meeting Page 2 of 8 February 20, 2019 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda with the removal of item G.5. and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was closed. VOTE: There being no objections, SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS – None. C. UNSCHEDULED PUBLIC COMMENTS – None. D. PUBLIC HEARINGS 1. Ordinance No. 3050-2019 – Accepting and Appropriating a Federal Grant from the Institute of Museum and Library Services Passed through the Alaska State Library for Employee Travel and Training. (Administration) MOTION: Council Member Peterkin MOVED to enact Ordinance No. 3050-2019 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Gratitude was expressed to the Library Director for applying for the grant. VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. 2. Ordinance No. 3051-2019 – Accepting and Appropriating Private Donations to the Kenai Animal Shelter for the Humane Capture and Treatment of Animals. (Administration) MOTION: 8 City of Kenai Council Meeting Page 3 of 8 February 20, 2019 Council Member Knackstedt MOVED to enact Ordinance No. 3051-2019 and Council Member Molloy SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Gratitude was expressed for the donations. VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. 3. Ordinance No. 3052-2019 – Amending Provisions in Kenai Municipal Code Title 3- Animal Control, Including the Definition of “Vicious Animal” in Kenai Municipal Code 3.05.010-Definitions, Mandatory Court Appearance Requirements in Kenai Municipal Code 3.05.070-Citation Procedure, Including a New Offense in Kenai Municipal Code 3.10.020 - Control and Confinement of Animals, and Making Corresponding Changes to Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule and the City’s Uniform Minor Offense Table. (Legal) MOTION: Council Member Molloy MOVED to enact Ordinance No. 3052-2019 and Council Member Knackstedt SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. The definition of a vicious animal was reviewed and it was noted the changes were needed to help prevent confusion in court proceedings. Clarification was provided that if a citation was issued three times in a twelve-month period, a mandatory court appearance would be required and it was hoped an owner would listen to a judge at an arraignment hearing better than an Animal Control Officer. Further clarification was provided that an animal that hurts someone one time is not considered dangerous however, a heightened fine for the owner is recommended when the victim is harmed. Insight was sought on reasonable means for restraint where it came to the animal being on the private property of the owner; if the dog is on its own property, the City may not want to get involved. MOTION TO AMEND: Council Member Molloy MOVED to amend KMC Section 03.10.020(c) by inserting, “causing the harm,” after the words, “unless the animal,” and Council Member Knackstedt SECONDED the motion. VOTE: 9 City of Kenai Council Meeting Page 4 of 8 February 20, 2019 YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. 4. Resolution No. 2019-13 – Consenting to the Declaration of Peninsula Hangar Association (a Common Interest Ownership Cooperative) and Sublease between Legacy Electric, LLC and the Peninsula Hangar Association for Lot 2, Block 1, General Aviation Apron within the Airport Reserve. (Legal) MOTION: Council Member Peterkin MOVED to adopt Resolution No. 2019-13 and Council Member Glendening SECONDED the motion. Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment was closed. Clarification was provided on the ownership makeup of the Peninsula Hangar Association. An overview was provided on the project noting the hangar complex was built on the airport and the owner wanted to sell each hangar in the unit, similar to a condo association. It was noted that the City wouldn’t get involved with the individual unit owners but would be consenting to the declaration of the association. It was further noted that the lease remained between the City and Legacy Electric and the unit owners would be required to comply with the terms of the lease. It was pointed out that this project was an example of development incentives turning an unusable property into something that is beneficial. MOTION TO AMEND: Council Member Knackstedt MOVED to amend Section 1 of the Resolution to read: “That the City Manager is authorized to execute the attached Consent to Sublease between Legacy Electric, LLC and The Peninsula Hangar Association and the Consent to Establishment of a Leasehold Common Interest Community subject to the terms of the Lease between the City of Kenai and Legacy Electric, LLC and a change to Article IV Section 12- Lease of Units to read: Any unit owner may lease their unit to a third party, with prior written notice to the Association and the Association must provide written notice to the City of Kenai Airport Director. The City shall have the right to object to the lease within 30 days of receipt of written notification for reasonable cause. Such a lease must be in writing and shall provide that the failure to comply in all respects with the provisions of this Declaration, the Association By laws, the City of Kenai Lease, or the unit owner’s Proprietary Lease shall be a default under the terms of the lease. A lessee of such a unit shall not have any rights in the Association, and the unit owner shall retain all rights as owner, 10 City of Kenai Council Meeting Page 5 of 8 February 20, 2019 unless the owner sells all their interest in the unit to the renter as allowed by this Declaration,” and Council Member Glendening SECONDED the motion. Clarification was provided that any objection to a sublease would be approved by Council. VOTE ON THE AMENDMENT: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. The developer was thanked for the project. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. E. MINUTES 1.*Regular Meeting of February 6, 2019 Approved by the consent agenda. F. UNFINISHED BUSINESS 1. Ordinance No. 3049-2019 – Increasing Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund for Tenant Requested Improvements to the Automated Flight Service Station. (Administration) [Clerk’s Note: This Item was Postponed to this Meeting from the February 6, 2019 Meeting; A Motion to Enact is on the Floor.] Public Works director was thanked for his work to accomplish the work on the facility. VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Exceeding $15,000. (Administration) 11 City of Kenai Council Meeting Page 6 of 8 February 20, 2019 Approved by the consent agenda. 3. *Action/Approval – Non-Objection to Liquor License Renewals for Pizza Paradisos. (City Clerk) Approved by the consent agenda. 4. *Action/Approval – Non-Objection to New Marijuana Product Manufacturing License for Red Run Cannabis Cultivators, LLC. (City Clerk) Approved by the consent agenda. 5. *Ordinance No. 3053-2019 - Increasing Estimated Revenues and Appropriations in the General Fund for the Donation of a Bush Doctor’s Historic Cabin from Doctor Peter Hansen and Kenai Community Foundation and Supporting the Placement of the Cabin Adjacent to the Kenai Visitor Center. (Legal) [Clerk’s Note: This item was removed from the Consent Agenda during approval of the consent agenda.] MOTION: Council Member Molloy MOVED to introduce Ordinance No. 3053-2019 and Council Member Knackstedt SECONDED the motion. VOTE: YEA: Knackstedt, Gabriel, Glendening, Pettey, Molloy, Peterkin NAY: MOTION PASSED UNANIMOUSLY. MOTION: Council Member Molloy MOVED to set the public hearing for March 20, 2019 and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested. VOTE: There being no objection, SO ORDERED. 6. Discussion – Amazon Tax Collection in the 99611 Zip Code. (Vice Mayor Navarre) Clarification was provided that an acceptable solution had been reached using the U.S. Postal Service “Zip+4.” It was noted that the matter was ongoing and ordinance changes or further policy changes may need to be considered by the Council. It was further noted that work was ongoing with the Alaska Municipal League regarding other online sellers. H. COMMISSION/COMMITTEE REPORTS 12 City of Kenai Council Meeting Page 7 of 8 February 20, 2019 1. Council on Aging – It was reported the Council urged support of Meals on Wheels and considered Medicare Advantage programs and Capital Improvement Projects at their February 14 meeting; next meeting March 14. 2. Airport Commission – No report; next meeting March 14. 3. Harbor Commission – No report; next meeting March 11. 4. Parks and Recreation Commission – It was reported the Commission elected a Chair and Vice Chair, heard from the City Planner regarding 8 80 communities, discussed Bike Friendly Community survey results, and began planning an Easter Egg Hunt for April 19; next meeting March 7. 5. Planning and Zoning Commission – No report; next meeting February 27. 6. Beautification Committee – No report; next meeting April 9. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Thanked the Human Resource Director for the work session on employee evaluation process; • The Election Stakeholders Group was getting going on considering election processes for the Kenai Peninsula Borough; • Attended the Senior Center Volunteer Appreciation Luncheon; • Attended the Joint Chamber Breakfast with Representative Knopp; • Expressed dismay with the Governor’s budget. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Noted the Notice to Proceed would be issued soon for the exploration for gravel on Beaver Loop property; • Would be issuing a Request for Proposal for Visitor Center Management and Tourism and Marketing by March 1; • Continually trying to connect with Mr. Huber regarding the Board of Fisheries reconsideration and vote to move its Upper Cook Inlet meeting to Anchorage; • Reviewed impacts of the Governor’s budget to the City; • Provided an update on the progress at the airport for the Airport Renovation Project. 2. City Attorney – No Report. 3. City Clerk – J. Heinz provided a reminder of an upcoming Police Officer Swear-in Ceremony. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 13 City of Kenai Council Meeting Page 8 of 8 February 20, 2019 2. Council Comments Council Member Knackstedt noted the Airport Manager presented to the Kenai Historical Society; next meeting March 3. Council Member Molloy thanked the Supervisory Sub-Committee and Human Resource Director for their work on the employee evaluation process. Council Member Peterkin echoed gratitude on the employee evaluation process. Council Member Pettey thanked those that volunteer at the Senior Center and also echoed gratitude on the employee evaluation process. L. EXECUTIVE SESSION – None. M. PENDING ITEMS – None. N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:42 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of February 20, 2019. _____________________________ Jamie Heinz, CMC City Clerk 14 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3048-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS, TO REVISE APPLICATION REQUIREMENTS, LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vending units to ensure they are properly licensed; and WHEREAS, appeals to the Board of Adjustment are not provided for with other licenses the City Clerk issues, nor has an appeal ever been brought for a Mobile Food Vendor License and, because the reasons for granting a license and revocation are objective such as tax compliance or valid insurance policies, an appeal process is not necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.010 – Definitions, is hereby amended as follows: 5.25.010 Definitions. (a) “Mobile food vending unit” means any type of vehicle, [OR] wagon, or trailer, which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. (b) “Operate” means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce, or otherwise procure another person to operate or conduct the business. (c) “Owner” means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION, “OWNER” MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. 15 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.020 – Application for license, is hereby amended as follows: 5.25.020 Application for license. (a) Applications for a mobile food vending unit license shall be made in writing to the City Clerk on forms prescribed and furnished by the Clerk. (b) Applications shall contain the following information: (1) The full name of the applicant; [(2) THE APPLICANT’S SOCIAL SECURITY NUMBER;] [(3)](2) The mailing, residential, and business addresses of the applicant; [(4)](3) The date of the application; [(5)](4) The nature and a description of the food vending unit business or activity to be conducted; [(6)] (5) The type of vehicle, license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish: (1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH AND SANITATION, STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Environmental Conservation, Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath, as may be required by the Clerk, that the information and statements made in connection with the application are true, correct, and complete; (5) Certification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner(s) is current in the payment of any tax to the City of Kenai and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indicating that the applicant’s operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each occurrence) $100,000 Aggregate Products (each occurrence) $300,000 Property Damage (each occurrence) $50,000 (d) Said insurance policy or policies shall provide for not less than thirty (30) days’ written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. Section 3. Amendment of Section 5.25.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.050 – License fee and term, is hereby amended as follows: 16 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 5.25.050 License fee and term. For issuance of a license, an applicant shall pay an annual fee as set forth in the City’s schedule of fees adopted by the City Council. The license shall expire one (1) year from its issuance. [THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED.] All non-profit organizations shall be exempt from paying the license fee. Said organizations making application should present proof sufficient to the Clerk of its non-profit status. Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 – Appeal, is hereby repealed in its entirety: 5.25.070 [APPEAL.] Repealed [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION, AS PROVIDED BY KMC 5.25.060, FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN. THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL, SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE TIME AND PLACE OF SUCH HEARING. (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE, RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES.] Section 5. Amendment of Section 5.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.080 – Conduct of business, is hereby amended as follows: 5.25.080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENT]. (b) Notwithstanding the provisions of subsection (a) above, mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vendor’s vehicle would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled “Public Safety.” (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location. 17 Ordinance No. 3048-2019 Page 2 of 4 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing. (e) No person may operate as a mobile food vendor in a way that interferes with other businesses, through excessive noise, odor, or other nuisances. (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation. (g) The mobile food vendor must operate in compliance with the regulations found in the City’s Sign Code. (h) The mobile food vendor must post in a conspicuous place, able to be observed by the general public, both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: March 8, 2019 18 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: January 8, 2019 SUBJECT: Ordinance No. 3048-2018 – Mobile Food Vendor Amendments The code enacting mobile food vending licensing was developed in 1978 and has remained relatively unchanged since enactment. Given changes over the years in state licensing and identity security it is prudent to update the regulations for the City’s mobile food vending licensing. This ordinance proposes some amendments to the application requirements consistent with the state licensing and requires less private information for security purposes. In addition, this ordinance simplifies the license term to provide for an annual license term and removes the option for a shorter duration which creates duplicate work when the vendor wants to extend operation and expiration dates that need to be tracked. We find these to be an inconvenience to the vendors. At the next meeting it is my intention to bring forth a resolution, to coincide with enactment of this ordinance, to amend the fee schedule for Mobile Food Vending Licensure from $120 per year to $50 per year which is consistent with the fee in Soldotna. Finally, after consultation with the Attorney, we have removed the appeal process because licensure is objective. A license would be revoked for reasons such as lapse in insurance coverage or expired permit from the State of Alaska, Department of Environmental Conservation and these are not reasons subject to opinion that it would be appropriate to appeal. Your consideration is appreciated. 19 20 5.25.030 Prohibited acts I Kenai Municipal Code 5.25.030 Prohibited acts. It is unlawful: (a) For any person to engage in a business of operating a mobile food vending unit as defined by KMC 5.25.01 O(b) without first obtaining a mobile food vending unit license from the City Clerk. Page 1 of 1 (b) For any persons to obtain or attempt to obtain a license by making a false statement in the application or by other fraudulent or deceptive means. (c) For any person licensed under this chapter to knowingly or wilfully authorize, order, instruct, or permit an employee, agent, or person under his or her supervision or control to do an act in connection with the licensed activity which violates any provision of this chapter or a license issued under this chapter. (Ord. 420) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishing Company The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. 21 5.25.060 Revocation or restriction of license I Kenai Municipal Code Page 1 of 1 5.25.060 Revocation or restriction of license. The Clerk may revoke or restrict any license upon written notice thereof to the license holder. Any revocation or restriction shall be made in writing, stating briefly the reason for such decision. Such decision shall be mailed by certified mail to the licensee at the address as provided in the application or may be delivered to the licensee at his or her place of business. (Ord. 420) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishing Company The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. 22 7.15.120 Appeal procedures I Kenai Municipal Code Page 1 of2 7.15.120 Appeal procedures. (a) Any party submitting a bid or proposal for a contract with the City and who believes that they are adversely affected by the City's relevant ordinances, regulations, procurement process, or by any acts of the City in connection with the award of a City contract, may file a protest appeal with the City Clerk. All protest appeals must be to the City within five (5) calendar days of the issuance of the City's notice of its intent to award the contract. The appeal must be hand delivered, delivered by mail, or by facsimile and must comply with all requirements of this section. If the fifth day is a City-recognized holiday or a weekend, the deadline for appeal shall be the next work day. It is up to the protester to choose a method of delivery to assure timely receipt by the City. (b) Rejection of Appeal. The Clerk shall reject an untimely or incomplete appeals. Such rejection shall be final and may be appealed to the Superior Court pursuant to the Court Rules of Appellate Procedure. (c) The protest appeal must be in writing and shall include the following information: (1) The name, address, e-mail, and telephone (and facsimile if available) numbers of the protester; (2) The signature of the protester or the protester's representative; (3) Identification of the contracting agency and the solicitation or contract at issue; (4) A statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) The form of relief requested. (d) Stay of Award. If a timely and complete protest appeal is filed, the award of the contract shall be stayed until all administrative remedies have been exhausted, unless the City Manager determines in writing that award of the contract pending resolution of the appeal is in the best interests of the City. (e) Notice and Response. Notice of the stay and protest appeal shall be delivered to any party who may be adversely affected by the City Manager's decision by facsimile, first class mail or in person within three (3) business days of receipt of a properly filed appeal. (f} City Manager Decision. The City Manager shall issue a written decision to the appellant within ten (10) business days of the date the appeal is filed. If multiple appeals have been filed, they may be consolidated for purposes of the decision. Copies of the appeal and decision shall be provided to any interested party requesting one. The decision may include any lawful action, including without limitation an amendment of all or any part of the recommended award. For good cause shown, the City Manager may extend the date for the decision for such additional period as may be necessary. (g) If the City Manager sustains a protest in whole or in part, the City Manager shall implement an appropriate remedy. In determining an appropriate remedy, the City Manager shall consider the circumstances surrounding the solicitation or procurement including the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. 23 7.15.120 Appeal procedures I Kenai Municipal Code Page 2 of2 the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the City. (h) Notwithstanding subsections (a) and (b) immediately above, if the City Manager sustains a bid protest appeal in whole or part, the protester's damages shall not exceed the reasonable bid or proposal preparation costs. (i) Appeal to Superior Court. Appeals may be taken from the written decision of the City Manager within thirty (30) days of the date of the decision pursuant to Part VI of the Alaska Rules of Appellate Procedure. (Ord. 2852-2015) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishing Company The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3048-2019 SUBSTITUTE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS, TO REVISE APPLICATION REQUIREMENTS, LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vendors to ensure they are properly licensed; and, WHEREAS, amending the appeal process to an Administrative process and not require the Board of Adjustment further simplifies this licensing program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.010 – Definitions, is hereby amended as follows: 5.25.010 Definitions. (a) “Mobile food vending unit” means any type of vehicle, [OR] wagon, or trailer, which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. (b) “Operate” means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce, or otherwise procure another person to operate or conduct the business. (c) “Owner” means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION, “OWNER” MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.020 – Application for license, is hereby amended as follows: 24 Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 5.25.020 Application for license. (a) Applications for a mobile food vending unit license shall be made in writing to the City Clerk on forms prescribed and furnished by the Clerk. (b) Applications shall contain the following information: (1) The full name of the applicant; [(2) THE APPLICANT’S SOCIAL SECURITY NUMBER;] [(3)](2) The mailing, residential, and business addresses of the applicant; [(4)](3) The date of the application; [(5)](4) The nature and a description of the food vending unit business or activity to be conducted; [(6)] (5) The type of vehicle, license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish: (1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEALTH AND SANITATION, STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Environmental Conservation, Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath, as may be required by the Clerk, that the information and statements made in connection with the application are true, correct, and complete; (5) Certification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner(s) is current in the payment of any tax to the City of Kenai and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indicating that the applicant’s operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each occurrence) $100,000 Aggregate Products (each occurrence) $300,000 Property Damage (each occurrence) $50,000 (d) Said insurance policy or policies shall provide for not less than thirty (30) days’ written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. Section 3. Amendment of Section 5.25.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.050 – License fee and term, is hereby amended as follows: 5.25.050 License fee and term. For issuance of a license, an applicant shall pay an annual fee as set forth in the City’s schedule of fees adopted by the City Council. All licenses shall be valid for the term of January 1st until December 31st of each year. [THE LICENSE SHALL EXPIRE ONE (1) YEAR FROM ITS 25 Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ISSUANCE. THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED.] All non-profit organizations shall be exempt from paying the license fee. Said organizations making application should present sufficient proof to the Clerk of its non-profit status. Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 – Appeal, is hereby amended as follows: 5.25.070 Protest Appeal Procedures. [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION, AS PROVIDED BY KMC 5.25.060, FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN. THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL, SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE TIME AND PLACE OF SUCH HEARING. (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE, RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES.] (a) Any applicant or mobile food vendor license holder who believes that they are adversely affected by the City Clerk’s action on an application or a mobile food vendor license may file a protest appeal with the City Manager. All protest appeals must be received by the City Manager’s office within five (5) business days of the date of the applicant’s receipt of notice of the City Clerk’s action being protested. The appeal may be hand delivered, delivered by mail, by email, or by facsimile and must comply with all requirements of this section. If the fifth day is a City-recognized holiday, the deadline for appeal shall be the next business day. It is up to the protester to choose a method of delivery to assure timely receipt by the City Manager’s Office. (b) The protest appeal must be in writing and shall include the following information: (1) The name, address, e-mail, and telephone (and facsimile if available) numbers of the protester; (2) The signature of the protester or the protester’s representative; (3) A statement of the legal and factual grounds of the protest, including copies of relevant documents; and (5) The form of relief requested. (c) Rejection of Appeal. The City Manager shall reject untimely or incomplete appeals. Such rejection shall be final and may be appealed to the Superior Court pursuant to the Alaska Rules of Appellate Procedure. 26 Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (d) License Denial. If a timely and complete protest appeal is filed based on the denial of an application for a license, the license shall not be issued until the City Manager has issued a written decision to grant the license. (e) License Restriction or Revocation. If a timely and complete protest appeal is filed, the restriction or revocation shall be stayed until the City Manager has issued a written decision, unless the City Manager determines in writing that health or safety issues necessitate an immediate revocation. (f) The Record; City Manager Decision. The City Clerk shall provide a copy of the applicant or license holder’s file or electronic file to the City Manager. The record consists of the applicant or license holder’s file or electronic file and the appellant’s protest appeal. Based on the record, the City Manager shall issue a written decision to the appellant within ten (10) business days of the date that the appeal was received, with copy to the City Clerk. For good cause shown, the City Manager may extend the date for the written decision for such additional period as may be necessary, not to exceed thirty additional days. Copies of the appeal and decision shall be provided to any interested party requesting one. (g) Appeal to Superior Court. Appeals may be taken to the Kenai Superior Court from the written decision of the City Manager within thirty (30) days of the date of the decision pursuant to the Alaska Rules of Appellate Procedure. Section 5. Amendment of Section 5.25.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.080 – Conduct of business, is hereby amended as follows: 5.25.080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENT]. (b) Notwithstanding the provisions of subsection (a) above, mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vendor’s vehicle would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled “Public Safety.” (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location. (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing. (e) No person may operate as a mobile food vendor in a way that interferes with other businesses, through excessive noise, odor, or other nuisances. (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation. (g) The mobile food vendor must operate in compliance with the regulations found in the City’s Sign Code. 27 Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (h) The mobile food vendor must post in a conspicuous place, able to be observed by the general public, both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of March, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: January 16, 2019 Enacted: March 6, 2019 Effective: April 5, 2019 28 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: February 22, 2019 SUBJECT: Ordinance No. 3048-2018 SUBSTITUTE – Mobile Food Vendor Amendments The purpose of this memo is to point out the additional amendments that have been made to this substitute ordinance. Since the February 6th meeting where it was suggested to not completely repeal the appeal process but to include a simplified process, which didn’t initiate a Board of Adjustment process. Council Member Molloy, the City Attorney, and I collaborated and developed what is included in Section 4 of this substitute ordinance. The manager has reviewed the process and we believe this accomplishes a simplified appeal process for licensees. Additionally, after discussions with the City Manager and Finance Director, I am proposing an additional change to the license term which has also been included in this substitute. The change is to switch from a yearly term based on application date, to a calendar year term. This further simplifies the process by giving the mobile food vendor a license which is good for an entire year, provides an expiration date that coincides with the licensee’s permit issued by the state, is easily trackable for both the Clerk’s Office and the licensee, and, with this defined expiration date, the Clerk’s Office will be able to provide reminders to the licensees regarding license expiration and renewal. As I have mentioned previously, along with this change it has been my intention to propose an amendment to the fee schedule. My proposal is a reduction in the fee from $120 per year to $50 per year. This recognizes that Mobile Food Vendors are typically unable to operate in the winter months and makes the fee comparable to the City of Soldotna. The vendors typically purchase four to five months, either one or two months at a time or all at once. This would also provide the opportunity for the vendors to participate in a shoulder or off-season event which they may have declined in the past due to not being licensed. The resolution to amend the fee schedule will be coming forth at the March 20th meeting as the ordinance needs to be adopted prior to the resolution and this ordinance appearing on the agenda as unfinished business, after public hearings where the resolution would appear made it difficult. The attachment that will be provided with the resolution is attached to this memo. Your consideration is appreciated. 29 City of Kenai Schedule of Rates, Charges and Fees Page 1 of 2 CITY CLERK CEMETERY FEES (All Cemetery Fees are Exempt from Sales Tax) APX - 1 Title 24 - Cemetery Regulations Section 1: b.Standard Plot $1,000.00 Section 1: b.Veteran Plot $750.00 Section 1: b.Infant Plot $150.00 Section 1: b.Cremains $300.00 Section 1: c.Columbarium Niche $1,000.00 (up to two standard urns) Columbarium Niche - opening and/ closing fee for reasons other than inurnment $100.00 Section 2:c.Marker/Headstone Deposit $400.00 (applies to Cemetery Plots and Columbarium Niches) Cemetery Gazebo Marker Fees (includes first 30 letters, shipping @ $50.00, Actual Cost one proof @$30.00, extra letters @ $3.00 each.) MEMORIAL PARK FEES (All Memorial Park Fees are Exempt from Sales Tax) Tree (includes transportation/planting, soil, edging, weed block, and a $265.00 one-year guarantee on planting.) Shrub (includes transportation/planting, soil, edging, weed block, and a $165.00 one-year guarantee on planting.) Marker Actual Cost Memorial Park Rock (Actual cost for ground preparation, transportation,Actual Cost placement, etc. and plaque borne by requestor.) Logo or emblem Additional Fee MOBILE FOOD VENDOR LICENSE 5.25.050 Annual Mobile Food Vendor License $120.00 $50.00 (License may be purchased on a 30-day basis.) OIL & GAS WELL 5.35.050 Oil & Gas Well Application Fee $500.00 Oil & Gas Well Processing Fee $100.00 30 City of Kenai Schedule of Rates, Charges and Fees Page 2 of 2 CITY CLERK - continued PUBLIC RECORDS REQUESTS KMC 10.40.050 APX - Public Record Inspection Regulations 1.01 First 10 copies are free, more than 10 copies per copy $0.25 1.01 Audio CD or cassette, first $25.00 1.01 Audio CD or cassette, additional $5.00 1.02 Certified Copy Fee $10.00 1.03 Production fee will be calculated for work over 5 hours Actual RECOUNT OF VOTES - APPLICATION 6.05.220 Recount of Votes Application Fee $100.00 (Amendments must be pre-cleared with Department of Justice through the City Clerk.) TRANSIENT MERCHANT AND PEDDLER LICENSE 5.30.040 Annual Transient Merchant and Peddler License $25.00 VEHICLE FOR HIRE 20.05.050 (a)Annual Vehicle for Hire Permit - Permit and First Vehicle $250.00 20.05.050 (a)Annual Vehicle for Hire Permit - Additional Vehicle $100.00 (Additional Vehicle may be added at any time during the year.) 31 32 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: MARCH 6, 2019 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ASSOC. ELECTRIC INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 98 ,816 .94 VARIOUS UTILITIES 29,616.48 MATURITY DATE AMOUNT Effect.Int. Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3054-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING DRUG SEIZURE FUNDS FORFEITED TO THE CITY IN THE AMOUNT OF $2,153.52 AND APPROPRIATING THOSE FUNDS INTO THE POLICE PROFESSIONAL SERVICES ACCOUNT FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS. WHEREAS, the Kenai Police Department has received notice from the Court authorizing the forfeiture to the Kenai Police Department of $2,153.52 in cash related to the adjudication of drug cases; and, WHEREAS, the cash was 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. That the City Manager is authorized to accept these forfeited funds in the amount of $2,153.52 and to expend those funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Forfeitures - Police $2,153.52 Increase Appropriations – Police – Professional Services $2,153.52 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 1.15.070(f), this ordinance shall take effect immediately upon enactment. 33 Ordinance No. 3054-2019 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 6, 2019 Enacted: March 20, 2019 Effective: March 20, 2019 34 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: February 21, 2019 SUBJECT: Ordinance No. 3054-2019 - Ordinance Accepting and Appropriating Forfeiture ____________________________________________________________________________ The City of Kenai currently holds $2,153.52 in investigative seizure money that has been forfeited to the Department. The Kenai Court ordered the forfeiture of funds including $2,153.52 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 respectfully requesting an ordinance appropriating $2,153.52 into the General Fund, Police- Professional Services account to help pay for professional services related to police investigations. Your consideration is appreciated. 35 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: City Clerk CITY OF KENAI ORDINANCE NO. 3055-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A SCHOLARSHIP FROM THE ALASKA ASSOCIATION OF MUNICIPAL CLERKS FOR EMPLOYEE TRAVEL AND TRAINING. WHEREAS, the Office of the City Clerk has received a $1,550 scholarship from the Alaska Association of Municipal Clerks (AAMC) for travel expenses for the Deputy Clerk to attend training at the Northwest Clerks Institute held in Tacoma, Washington; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the City Manager is authorized to accept funds in the amount of $1,550 from AAMC for travel expenses for the Deputy Clerk to attend training at the Northwest Clerks Institute and to execute agreements and to expend the funds to fulfill the purpose and intent of this ordinance. Section 2. That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Grants $1,550 Increase Appropriations: City Clerk – Travel & Transportation $1,550 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 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March, 2019. 36 Ordinance No. 3055-2019 Page 2 of 2 ____________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 6, 2019 Enacted: March 20, 2019 Effective: March 20, 2019 37 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, CMC, City Clerk DATE: February 21, 2019 SUBJECT: Ordinance No. 3055-2019 – Appropriating a Scholarship from AAMC ______________________________________________________________________ The Alaska Association of Municipal Clerks fundraises continually to offer a number of financial scholarships to its members to attend Northwest Clerks Institute. Completion of the three-year Institute is essential to receive the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. Funds can be utilized for registration, housing, and travel. Deputy Clerk, Jacquelyn LaPlante, has been awarded funds ($1,550) to attend Northwest Clerks Institute, held at the University of Puget Sound in Tacoma, Washington in June 2019. This ordinance will appropriate the $1,550 scholarship to allow Ms. LaPlante to attend the training. Your consideration is appreciated. 38 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Council Member Jim Glendening and Council Member Robert Perterkin CITY OF KENAI ORDINANCE NO. 3056-2019 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 14.22.010-LAND USE TABLE, TO ALLOW BUSINESS/ CONSUMER SERVICES AND TAXIDERMY/GUNSMITHING IN RR1 ZONING DISTRICT BY CONDITIONAL USE PERMIT AND REMOVING THE LOCATION RESTRICTION ON PROFESSIONAL OFFICES ALLOWED BY CONDITIONAL USE PERMIT WITHIN THE RR1 ZONE. WHEREAS, Kenai Municipal Code 14.20.080 provides that the RR Zone, including the RR1 Zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment separating residential structures to preserve the rural, open quality of the environment preventing health hazards in areas not served by public water and sewer and prohibit uses that would violate the residential character of the environment and generate heavy traffic in predominantly residential areas; and, WHEREAS, the main distinction of the RR1 Zone as differentiated from the RR Zone, is prohibiting multifamily dwellings beyond a four-family dwelling and only allowing four-family dwellings by conditional use; and, WHEREAS, the purpose of conditional uses is to recognize that some uses may be compatible with designated principal uses in specific zoning districts provided certain conditions are met, intended to assure the proposed use is compatible with the surroundings; and, WHEREAS, currently, the RR1 Zone allows four-family dwellings, limited marijuana cultivation facilities, professional offices, many public and institutional uses, bed and breakfasts, day care centers and surface extraction of natural resources, many with proximity limitations to the Kenai Spur Highway; and, WHEREAS, ‘business and consumer services’ is defined in KMC 14.20.320 as the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services; and, WHEREAS, Kenai Municipal Code 14.20.320 defines ‘gunsmith’ a person who repairs, modifies, designs, or builds firearms; and, WHEREAS, Kenai Municipal Code 14.20.320 defines ‘taxidermy’ as the act of mounting or reproducing dead animals, fish, and/or birds for display; and, WHEREAS, Kenai Municipal Code 14.20.320 defines “profession” as an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued 39 Ordinance 3052-2019 Page 2 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] by an institution of high learning, e.g., Doctor of Medicine, and “office” as a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government; and, WHEREAS, many business and consumer services, professional offices, gunsmithing, and taxidermy business can be run out of single family dwellings with negligible traffic and impact on surrounding properties; and, WHEREAS, many business and consumer services, professional offices, gunsmithing and taxidermy are compatible with the residential character and location of the RR1 zones and should be allowed through a conditional use permit; and, WHEREAS, removing the restrictions on the location of professional offices by conditional use within the RR1 zone will allow more opportunity for the location of low impact businesses within the RR1 zone; and, WHEREAS, on , the Planning and Zoning Commission held a public hearing on PZ Resolution No. and recommended the City Council this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section __14.22.010- Land Use Table, is hereby amended as follows: 14.22.010 Land [U] Use [T]Table. LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES AL I C R R RR- 1 R S RS -1 RS -2 R U C C C G IL IH E D R TS H LC CMU RESIDENTIAL One-Family Dwelling N C1 8 P P P P P P P2 1 S1 S2 S2 C2 2 P P P S1/C2 1 Two-, Three-Family Dwelling N C1 8 P P P P P P P2 1 S1 C C C2 2 P P P S1/C2 1 Four-Family Dwelling N C1 8 P C3 , 29 P N N P P2 1 S1 C C C2 2 N P C S1/C2 1 Five-, Six-Family Dwelling N C1 8 C3 N P N N P P2 1 S1 C C N N P C S1/C2 1 40 Ordinance 3052-2019 Page 3 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Seven- or More Family Dwelling N C1 8 C3 N C3 N N P P2 1 S1 C C N N P C S1/C2 1 Mobile Home Parks6 N N C N C C C C C C C C N C N N C Planned Unit Residential Development7 N C1 8 C C29 C C C C C C C C N C C C C Townhouses4 N C1 8 C3 C3 , 29 C3 C3 C3 C3 C C C C C2 2 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N COMMERCIAL Airport Compatible Uses P N N N N N N N C C C C N N N C C Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C [N] C C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service C N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Marijuana Cultivation Facility, Limited 30 N N C C C C C C N C C C N N N C N Marijuana Cultivation Facility, Standard 30 N N N N N N N N N C C C N N N C N Marijuana Product Manufacturing Facility 30 N N N N N N N N N C C C N N N N N Marijuana Testing Facility 30 N N N N N N N N C C P P N N N C C Professional Offices C N C C[29 ] C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Retail Business C N2 6 C N C N N C P P P P S2 4 S2 4 C C P Retail Marijuana Store 30 N N N N N N N N N C C C N N N C C Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S2 4 C C N 41 Ordinance 3052-2019 Page 4 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] INDUSTRIAL Airports C P2 0 C N C N N C C C C C N C N N C Necessary Aviation Facilities P P C C C C C C P P P P C P C P P Automotive Repair P N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assem bly P N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* N C P1 0 P10 P1 0 P10 P10 P1 0 P1 0 P10 C C P P1 0 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* N C C C29 C C C C P P C C P C C C P Elementary Schools* N C C C29 C C C C P P C C P C C C P Governmental Buildings P C C C29 C C C C P P P C P C C P P High Schools* N C C C29 C C C C P P C C P C C C P Hospitals* N C C N C C C C P P P C C C C C P Libraries* N C C C29 C C C C1 2 P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation N P C C29 C C C C P P P P P P P C P MISCELLANEOUS Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P1 5 P15 P1 5 P1 5 P1 5 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries P C C N C N N N N C C C N C C N N 42 Ordinance 3052-2019 Page 5 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Communications Towers and Antenna(s), Radio/TV Transmitters/Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 N C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P2 1 S C P P2 3 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture*** N P P N N N N N N N N P N P N N N Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C [N] C C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C2 7 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans. 2 One (1) single-family residence per parcel, which is part of the main building. 3 Allowed as a conditional use, subject to satisfying the following conditions: 43 Ordinance 3052-2019 Page 6 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS Zone; b The site square footage in area must be approved by the Commission; c Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR Zone; d Water and sewer facilities shall meet the requirements of all applicable health regulations; e The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i The property adjacent to the proposed dwelling group will not be adversely affected. 4 See “Townhouses” section. 5 See “Mobile Homes” section. 6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home park meets the minimum Federal Housing Authority requirements. 7 See “Planned Unit Residential Development” section. 8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met. 10 Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line; and provided further, that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12 Allowed as a conditional use; provided, that the following conditions are met: 44 Ordinance 3052-2019 Page 7 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] a The proposed location of the use and the size and characteristics of the site will maximize its benefit to the public; b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the mortuary. 15 Allowed; provided, that the following conditions are met: a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16 See “Conditional Uses” section. 17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18 Conditional use allowed only on privately held property. Not allowed on government lands. 19 Reserved. 20 The airport related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed. 21 Developments for use shall be the same as those listed in the Development Requirements Table for the RU/TSH Zones. 22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example, housing for teachers or students for a school in the zone. 23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a dormitory used to house students for a school or educational facility. 24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 45 Ordinance 3052-2019 Page 8 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self- service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27 Personal services not set forth in the below matrix are conditional uses. Limited Commercial Zone Personal Services Permitted (P) Conditional Use (C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.150 and 14.20.255 are met. 29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. 30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320— Definitions, 14.20.330—Standards for Commercial Marijuana Establishments. Section 2. 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. 46 Ordinance 3052-2019 Page 9 of 9 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2019. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: March 7, 2019 Enacted: March 20, 2019 Effective: April 3, 2019 47 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Members Jim Glendening and Robert Peterkin DATE: February 28, 2019 SUBJECT: Ordinance No. 3056-2019 – Amending Kenai Municipal Code 14.22.010- Land Use Table ____________________________________________________________________________ The intent of this Ordinance is to conditionally allow for low impact compatible uses in the RR1 Zoning Districts, specifically business and consumer services, gunsmith and taxidermies, and expand the location options for professional offices within the zone. These uses generally have low traffic flow and would allow for expanded business opportunities without disrupting the character and nature of the RR1 zones. Any exceptions for business plans that would have a high traffic volume or impact on the neighborhoods can be excluded through the conditional use permitting process. The City has very recently had two inquiries from individuals wanting to start businesses in the RR1 zone. One was a resident wishing to do gunsmithing from his home, and another wanting to locate a new professional office in the RR1 zone. The proposed change to the Land Use Table needs to be considered by the Planning and Zoning Commission, and it is requested that, after introduction, this Ordinance be referred by Council to the Planning and Zoning Commission for consideration and a recommendation. A public hearing at the Council level will need to be postponed until after the Planning and Zoning Commission has made a recommendation. 48 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary L. Bondurant, Airport Manager DATE: March 1, 2019 SUBJECT: Action/Approval for Kenaitze Indian Tribe – Special Use Permit for Snow Storage The Kenaitze Indian Tribe is requesting a Special Use Permit for snow storage on 7,500 square feet of City property from March 7, 2019 through May 7, 2019. The area is on the corner of Granite Point and Trading Bay; further described in the special use permit. If Council approves, City Administration would execute a special use permit attached to this memorandum. Thank you for your consideration. Attachments 49 50 SPECIAL USE PERMIT The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below, hereby g rants to KENAITZE INDIAN TRIBE (PERMITIEE) the non-exclusive right to use 7,500 square feet of area as described below: LOT 14, BLOCK 1, COOK INLET INDUSTRIAL AIR PARK, ACORDING TO THE OFFICAL PLAT THEREOF, FILED UNDER PLAT NO. K-1448 and as further shown in the attached Exhibit A. 1. TERM. This special use permit shall be for 2 months from March 7, 2019 to May 7, 2019 . 2. PERMIT FEES. The Permittee shall be charged a permit fee of $332.00 plus applicable sales tax. The Permittee shall pay the City the perm it fee on or before March 7, 2019 . Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 on or before the first of each month. In addition to the permit fee specified above , the Permittee agrees to pay to the appropriate parties all levies , assessments, and charges as hereinafter provided: A. Sales tax nor enforced, or levied in the future, computed upon the permit fee payable in monthly installments whether said fee is paid on a month ly or yearly basis; B. All necessary licenses and permits ; all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or by any other tax levying body, upon any taxable possessory right which Permittee may have in or to the Prem is es by reason of its use or occupancy or by reason of the terms of this Permit, provided however, that nothing herein contained shall prevent Permittee from contesting any increase in such tax or assessment through procedures provided by law. C . Interest at the rate of eight percent {8%) per annum and penalties of ten percent (10%) of any amount of money owed under this Special Use Permit which are not paid on or before the due date . D. Costs and expenses incident to this Special Use Permit, including but not lim ited to recording costs. 3. USE. The use by the Permittee of the Premises is lim ited to the purpose of Snow Storage. This use is subject to City, Borough , and State laws and regulations and the reasonable administrative actions of the City for the protection and maintenance of th e Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject to the following conditions : Special Use Permit -Kenaitze Indian Tribe -2019 Snow Storage Page 1 of 7 51 A. Permittee shall use the Premises only for snow storage. B. Snow must be stored in a manner that will not limit sight lines or create other unsafe driving conditions on adjacent right-of-ways . C . The premises shall be returned to its current condition prior to the end of the term of this Special Use Permit. This shall include the removal of any trash or debris that remains after the snow has melted in the spring. Failure to do so will result in Permittee being ineligible for future Special Use Permits for snow storage . D. Snow must be stored in a manner that will not impact any City snow clearing or moving activities . 4 . INSURANCE. Permittee 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, the City is entitled to coverage to the extent of the higher limits. A. Garage Liability or Commercial General Liability Insurance, including Premises , all operations, property damage, personal injury and death, broad-form contractual , with a per-occurrence limit of not less than $1 ,000,000 combined single limit. 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 for snow moving and storage activities to, from, or on the Premises. The policy must name the City as an additional insured. D. All insurance required must meet the following additional requirements : i. All policies will be by a company/corporation currently rated "A-" or better by A.M. Best. ii. Perm ittee shall subm it to the City proof of continuous insurance coverage in the form of insurance policies , certificates, endorsements, or a combination thereof, and signed by a person authorized by the insurer to bind coverage on its behalf. iii. Permittee shall request a waiver of subrogation against City from Permittee's insurer and the waiver of subrogation, where possible, shall be provided at no cost to City. Special Use Permit-Kenaitze Indian Tribe -2019 Snow Storage Page 2 of 7 52 iv. Provide the City with notification at least 30 days before any termination, cancellation, or material change in insurance coverage of any policy required hereunder. v. Evidence of insurance coverage must be submitted to City by March 7, 2019. The effective date of the insurance shall be no later than March 7, 2019. vi. This insurance shall be primary and exclusive of any other insurance carried by the City of Kenai. This insurance shall be without limitation on the time within which the resulting loss, damage, or injury is actually sustained . 5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT . The Permittee shall fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents, employees, and volunteers at its own expense from and against any and all actions, damages, costs, liability, claims, losses, judgments, penalties, including reasonable Attorney's fees of or for liability for any wrongful or negligent acts, errors, or omissions of the Permittee, its officers, agents or employees, or any subcontractor under this Permit. The Permittee shall not be required to defend or indemnify the City for any claims of or liability for any wrongful or negligent act, error, or omission solely due to the independent negligence of the City. If there is a claim of or liability for the joint negligence of the Permittee and the independent negligence of the City, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis . Apportionment shall be established upon final determination of the percentage of fault. If any such determination is by settlement, the percentage of fault attributed to each party for purposes of this indemnification provision shall only be binding upon the parties included in the settlement agreement. "Permittee" and "City" as used in this article include the employees , agents, officers , directors, and other contractors who are directly responsible, respectively , for each party. The term "independent negligence of the City" is negligence other than in the City's selection, administration, monitoring, or controlling of the Permittee . 6. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not permit any liens, including mechanic's , laborer's, construction , supplier's , mining, or any other liens obtainable or available under existing law, to stand against the Premises or improvements on the Premises for any labor or material furnished to Permittee or to any related entity or claimed entity. The Permittee shall have the right to provide a bond as contemplated by State of Alaska law and contest the validity or amount of any such lien or claimed lien . Upon the final determination of the lien or claim for lien, the Permittee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Permittee 's own expense. 7. PERSONAL TY. Permittee shall remove any and all personal property, including all vehicles, from the Premises at the termination of this Permit. Personal property piaced or used upon the Premises and not removed upon termination of this Permit will be removed and/or impounded by the City. Property removed or impounded by the City may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or theft of any personalty of Permittee or its customers . Special Use Permit - Kenaitze Indian Tribe -2019 Snow Storage Page 3 of 7 53 8. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions, and/or any requirement 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. 9. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by giving 30 days advance written notice to the other party. The City may terminate the Permit immediately, or upon notice shorter than 30 days, to protect public health and safety . The City may also terminate this Permit immediately, or upon notice shorter than 30 days, due to a failure of Permittee to comply with conditions and terms of this Permit, which failure remains uncured after notice by City to Permittee providing Permittee with a reasonable time period to correct the violation or breach. 10. NO DISCRIMINATION. Permittee 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. 11 . ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of this Permit, the Premises, or any improvement on the Premises without the written consent of the City. Unless the City specifically releases the Permittee in writing, the City may hold the Permittee responsible for performing any obligation under this permit which an assignee fails to perform . 12 . ASSUMPTION OF RISK. Permittee 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 th is Permit. 13. 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 . 14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this Permit shall survive the cancellation, termination, or expiration of th is Permit. 15 . AUTHORITY. By signing this Permit, Permittee represents that is has read this agreements and consents to be bound by the terms and conditions herein and that the person signing this Permit is duly authorized by the business to bind the business hereunder. CITY OF KENAI KENAITZE INDIAN TRIBE Special Use Permit -Kenaitze Indian Tribe -2019 Snow Storage Page 4 of 7 54 By : ____________ _ Paul Ostrander City Manager Date: By: _____________ _ Dawn Nelson Executive Director Date : Special Use Perm it -Kena itze Ind ian T ribe -2019 Snow Storage Page 5 of 7 55 ACKNOWLEDGMENTS STATE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2019, 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. Notary Public for Alaska My Commission Expires: ________ _ STATE OF ALASKA ) ) SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this __ day of , 2019, the foregoing instrument was acknowledged before me by Dawn Nelson, Executive Director of Kenaitze Indian Tribe, an Alaska limited liability company, on behalf of the company. Notary Public for Alaska My Commission Expires:--------- ATIEST: Jamie Heinz, CMC, City Clerk SEAL: Special Use Permit -Kenaitze Indian Tribe -2019 Snow Storage Page 6 of 7 56 APPROVED AS TO FORM : Scott M. Bloom , City Attorney Special Use Permit -Kenaitze Indian Tribe -2019 Snow Storage Page 7 of 7 57 Exhibit A KENAI PARKS & RECREATION COMMISSION FEBRUARY 7, 2019 – 6:00 PM KENAI CITY COUNCIL CHAMBERS CHAIR CHARLIE STEPHENS, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Stephens called the meeting to order at 6:00 p.m. a. Pledge of Allegiance Chair Stephens led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: Chair C. Stephens, J. Joanis, F. Perez, J. Dennis Commissioners absent: T. Wisniewski, S. Kisena Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Liaison H. Knackstedt A quorum was present. c. Elections of Chair and Vice-Chair MOTION: Commissioner Joanis MOVED to re-appoint Commissioner Stephens as Chair; Commissioner Perez SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Joanis MOVED to appoint Commissioner Wisniewski as Vice-Chair; Commissioner Dennis SECONDED the motion. There were no objections; SO ORDERED. d. Agenda Approval MOTION: Commissioner Perez MOVED to approve the agenda as presented; Commissioner Joanis SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS a. Elizabeth Appleby – Bike Friendly Community Update City of Kenai City Planner Elizabeth Appleby noted that she attended the 2019 Alaska Planning Conference and wanted to share the keynote presenter’s information that she thought was 58 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 3 February 7, 2019 relevant to the Parks and Recreation Commission. Moreover, E. Appleby provided information concerning community bike racks and a grant submittal to the Alaska Department of Transportation for a bike path along a portion of Bridge Access Road. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. January 3, 2019 MOTION: Commissioner Perez MOVED to approve the meeting summary of January 3, 2019 and Commissioner Joanis SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Parks and Recreation Calendar Commissioners were presented with a 2019 calendar while Parks and Recreation Director thanked the body for various suggestions and input during the development phase. Commissioners were reminded that they could submit pictures anytime for consideration for next year’s calendar and staff always welcomed suggestions for improvement. 6. NEW BUSINESS a. Discussion – Bike Friendly Community Survey Results The Parks and Recreation Director reviewed the 2018 Bicycle Friendly Community Survey Results for Kenai as provided by the League of American Bicyclists. The Director noted the survey results almost mirrored exactly the survey results from other communities in terms of safety related items and needed infrastructure. Survey results for both Kenai and communities as a whole indicated more bike paths as the top change people would like to see local government make. Survey comments also suggested more secure bike racks were needed. Currently, Kenai only has bike racks at the Visitors Center and the Recreation Center. Written comments were agreed with that the lack of separation between the bike path and the Kenai Spur Highway should be considered to provide a better buffer. 7. REPORTS a. Parks and Recreation Director – Frates reported on the following: • The Monthly Activity Report was provided in the meeting packet; • Department Heads were busy working on the FY20 Budget; and • Staff is working on three upcoming events, including an Easter Egg Hunt for children ages 3 – 7 years old. b. Commission Chair – Stephens thanked everyone for their support. 59 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 3 of 3 February 7, 2019 c. City Council Liaison – Knackstedt reported on the action items of the January City Council meetings, and the Ordinances considered during the February 6 meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION – March 7, 2019 It was noted that Chair Stephens and Commissioner Joanis would be absent. 9. COMMISSION QUESTIONS & COMMENTS – None. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION a. February Monthly Report b. MPF Ice Schedule (February) c. Department Newsletter - “Kenai Breeze” The Parks and Recreation Director reported that the Department Newsletter was new and if Commission members would like to receive an emailed copy let him know. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:08 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn LaPlante Deputy City Clerk 60 61 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: MARCH 6, 2019 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT YUKON EQUIPMENT, INC . BROOMS FOR SWEEPERS STREETS 001-433-2022 11 ,365.29 MCLANE CONSUL TING ENGINEERING SERVICES LAND 001-416-4531 2 ,680.00 WT COX INFORMATION SYSTEMS MAGAZINE SUBSCRIPTIONS LIBRARY 001-440-4666 2 ,802.11 GCR TIRES & SERVICE BRIDGESTONE SNOW TIRES SHOP 001-434-2022 9 , 183.92 INSIDE THIS ISSUE: • PRESERVING HISTORY • FORM TO HAND TO OR- GANIZATIONS TO COL- LECT LOCAL HISTORY • A WHOLE LOTTA SHAK- ING GOING ON • FEBRUARY 2019 MEETING MINUTES • ANNOUNCEMENTS Officers: President—June Harris Vice President—Virginia Walters Secretary—Sharon Fisher Treasurer—Ron Fullinck Board of Directors: Jim Glendenning Joe Harris Henry Knackstedt Bill Nelson Marion Nickelson Frosty Walters KENAI HISTORICAL SOCIETY NEWSLETTER Written by Sharon Fisher If you would like to contribute ideas and information to the newsletter, please contact me at 776-8254. I welcome and would entertain any ideas you may have for articles, and would appreciate being contacted if you see errors in the information con- tained in the newsletter. Preserving History In the effort to running the Kenai Historical Society —- monthly business meetings, speakers, scholarships, keeping the Historic Cabins Park operational, and assorted other ac- tivities—-the real purpose of a Historic Society sometimes gets lost. The collection of our local history should be our primary purpose; to make sure that future generations can read about and understand how this community that we share across the generations came to be and continued to grow. To that end, I am proposing that we (all the members) make copies of the form on page 2 and hand it out to the various organizations and businesses that we individually participate in. We can then begin to collect the histories of these entities, and the people involved, and add this to the articles, stories, and pictures that we have in our files. We still have not figured out how we will make this infor- mation available to the public, but at least we will not have lost the opportunity to collect the history that will be more and more lost as time goes by. Please make copies of the form and pass it to your church, you favorite local business, your social organization and ask them to compile their individual history and share it with us. February 2019Newsletter Kenai Historical Society P.O. Box 1348 Kenai, Alaska 99611 62 2 The Kenai Historical Society is interested in including you as part of its collection of local histories of individuals, businesses and organizations. Our organization is dedicated to preserving the history of the city of Kenai because that is part of the story of the growth of our unique community. For organizations interested in being included in the History of Kenai, we would start with compiling a timeline of the organization and perhaps expand the data to include photos, names of prominent participants, and ar- ticles relating to the activities. If you would like your organization to become part of this historic database, please respond to this let- ter by filling out and returning this letter and the information below. If you need further information before deciding, please provide a contact number on the form and we will contact you to discuss the project. ____ We need further information. Please contact: Name_________________________ by calling phone number _____________, or email address__________________________ ____If you already know you would like to participate, please provide contact information: Name of Organization: Mailing Address: Physical Address: E-mail Address: Contact Name: Length of Time in Kenai: 63 3 Our speaker this month will be Teri Wilson who has a video about the 1964 Great Alaskan Earthquake. After her presentation, President June Harris will be opening up the floor to anyone wishing to share a story about the earth-shaking event that occurred 55 years ago. To make that statement just stuns me because I was a young woman in her senior year at West Anchorage High School, and now I am an old woman who still has some fairly vivid memories of that day and the weeks that followed. When we had our last strong shake a couple of months ago, I was sort of fascinated by the reactions of the people around me. Some were quite traumatized by the 7.0 shaker that lasted approximately one minute and the potential of a tsunami and going home to find some damage to their belonging or, depending on residence, to their home. I had to tell myself not to respond with dismissive distain about how much worse it was five decades ago. This was new to them and scary in the same way that that large quake was for me, because what it really was about was realizing that one had no control over what occurred, and if you survived it you needed to come to terms with that fear. I asked myself if I had come to terms with the 1964 quake and, of course, the answer is that I have, but…... On March 27, 1964, I was at home with my two younger sisters, our father, and the family dog. We lived in a trailer a couple of blocks behind West Anchorage High School, where I was finishing my sen- ior year. My mother was at work at a big box store located downtown on 9th Avenue. School was closed for the day because it was Good Friday, and I had earlier been swimming with a girlfriend at the pool on Elmendorf Air Force Base. I was laying on the couch in the living room and my younger sister was doing dishes in the kitchen. I don’t recall what Dad and my youngest sister were doing, but Dad had to be in the same room I was because, when the first few seconds of shaking began, he went to the door to look out. When the door opened, our dog came running into the living room, dragging his chain, and immediately cowered down on the floor. At some point, I got up off the couch and went to the window looking out at the street beyond our front yard. I don’t really remember how I got there but I seem to recall that it wasn ’t all that easy to stand up or to walk. I remember, in rather vivid detail, looking at the trees on the other side of the street. At 5:30 in the evening in late March, it was dusk but light enough to see those trees seeming to bend so that the tops touched the ground, whipping back to upright position, then leaning the other direction until the tops touched the ground again. The other thing I saw was cars in the street bounc- ing like they were balls. That is the entire memory I have of those five minutes. At some point after it was over, I recall my Dad saying something about how that was a really big one. Soon after the shaking ceased, it was fully dark and we probably found candles to provide a little light. I do not know at what point we became aware of damage inside the trailer, but dishes came crashing out of the cupboards in the kitchen, the freezer in my lean-to bedroom fell over, and drawers fell out of the dresser. I do know that I have no recollection of any sound of all this crashing of objects or of the creaking of the trailer or of any of us screaming or crying or even talking. My Mom got home probably about 7:00 or 8:00 p.m. and it was her talking about the damage inside the store and the damage to the roads that we started to realize the enormity of this quake. We were without electricity and water and heat. My parents had some friends in Turnagain and we decided to drive over to see how they fared. I don’t remember the drive there, but I have good visual memory of stopping some blocks from where they lived and getting out of the car. There were helicopters hover- ing overhead, with floodlights pointing down, and we realized that we were not going to get any closer to our friends, so we turned around and drove home. My folks had a battery -operated radio, and sometime that night we began to hear the first reports of the devastation. We brought out all the blan- kets we had and we all slept in the living room on the floor. We had never been in a quake before, and we had no real idea of what had occurred. The full realization would come hours, days, weeks, and years later. 64 4 During the next several days, and then weeks, life began to move forward. We had an oil furnace, and with electricity restored, we had heat and light. Running water took longer because we would line up with other folks in our neighborhood and fill jugs and cans with water delivered by tanker trucks. We straightened up the minimal damage in our house, and after a couple of weeks I returned to school. But not to the nearby West High that I attended. It had been significantly damaged, so we were bussed across Anchorage to East Anchorage High School where we double -shifted. East High students attended in the morning and West High attended in the afternoon. I cannot remember where my youngest sister went to school because her school was downtown and was damaged enough that it would not reopen for a long time. Mom went right back to work to clean up the damage in the store and then to work as nor- mal. Dad was in construction, so probably didn’t work much until Spring, though the outfit he worked for may have had employment in repairing damage. Our life through that time is a bit of a blur for me, with real clarity about some things. We were not allowed to drive downtown for months, but I remem- ber one visit there in the summer when we walked the streets and looked at the damage to buildings on 5th and 6th Avenue. We laughed at the humor of some of the signs in the windows of stores that were “closed due to shakeup”. We had no news of our friends in Turnagain for months. Their house was com- pletely destroyed and they moved around from place to place for a very long time, until financial re- sources became such that they could buy some land and build a new house —-well away from Turnagain. I graduated that spring—-a joint graduation for West and East High Schools, held at an airplane hanger on Elmendorf. I then attended a clerical school, obtained my first job, left the State for a few years, and when I returned, there was little evidence left of the damaged buildings and roads and loss of life from the ’64 quake—-unless you drove to Turnagain, where they eventually established a park to showcase damage from the Largest Earthquake on the North American Continent. Five minutes of massive shak- ing from a 9.2 richter scale earthquake. As the days and weeks passed, we became more and more aware of the level of devastation. As years passed, I became interested in geology and learned more about what caused earthquakes and some of the interesting things that were learned because of our earthquake. Collecting these tidbits of infor- mation became a bit of a hobby for me. A few years back, my step -daughter became interested in geolo- gy in high school. I asked if she had heard of the ‘64 quake. She had, but not much. To illustrate it to her, I had her watch a clock and raise one finger at one minute, a second finger at two minutes. I began to tell her of my experience and then other stories I had read about what had happened in Homer, Sew- ard, Kodiak, Valdez, Crescent City in California. I talked about how the Homer Spit sank. How an entire mountain range moved several inches from previous location. Tsunamis, Oil Tank Fires. Ocean Waves Traveling Thousands of Miles. I told a lot of stories and related a lot of geologic data in that time —-I think it might have given her some idea about how long five minutes can seem. 65 5 P.O. Box 1348 Kenai, AK 99611 kenaihistory@gmail.com FEBRUARY 2019 MINUTES *** ABBREVIATED On Sunday, February 10, 2019, the Kenai Historical Society met at the Kenai Visitor ’s and Convention Center in Kenai. President June Harris opened the meeting at 1:35 p.m. The minutes of the January 2019 meeting were reviewed by the membership and approved as written. The treasure report shows the Alaska USA checking balance stands at $13,135.73 and our Credit Union Money Market account balance is $10,157.15. The Edward Jones Account as of December 31, 2018 is $26,383.15 and a loss of $1790.66 and a total value of $24,592.49 on an invested amount of $25,541.10 The Kenai Community Foundation balance as of October 30, 2018 stands at $60,000.56 (from $50,000.00 invested) A motion to approve by Joe Harris, seconded by Jim Glendenning, this report was approved unanimously. Old Business: The Cabin Fund Balance of $13,078.37., with $5050.00 salary for the 2019 summer cabin guide. The cabins have been vandalized a 2nd time, with 4 of the 5 broken into. It appears the only damage was the broken hasps and locks. June noted that Jim MdGuire has donated two binders of photos of the history of the oil industry in Kenai and these will be used in a display at the cabins. Peter Hansen updated the Society on his plans to build a Kenai Bush Doctor Historical Cabin, and the Kenai Historical Society supports the proposed Kenai Bush Doctor Historical Cabin, a project of Dr. Peter and Karolee Hansen, who are developing the building of a 1 -room log cabin to be donated to the City of Kenai to display historical medical equipment, also donated to the City of Kenai for public view- ing. This motion was approved, and a formal letter will be written and given to Dr. Peter and Karolee Hansen. New Business: President Harris requested any information about a Chinese cemetery in the area of Bridge Access; no one in the audience had any information. Our next meeting is March 3, 2019, and the speaker will be Terri Wilson with a video presentation on the 1964 earthquake. Joe Harris moved and Kit Hill seconded the close of today’s business meeting. Respectfully submitted by Sharon Fisher, Secretary. 66 KENAI HISTORIC SOCIETY Our Organization There has been a Historic Society since the days before Kenai becom- ing a city. The Society was formed a few years before Statehood in 1959, and then went inactive in the early 60’s. It restarted in the latter part of the 60’s and has met regularly since. The Society had a museum in Fort Kenay for some years, and then continued to meet after that closed. The non-profit Society implemented and operates the Kenai Historic Cabins Park, open for tours in the summer months. We have office space at the Moosemeat John cabin, but are not open to the public in that building. Our member meetings are Sept., Nov., Dec., Jan., Feb., Mar., and April at the Kenai Visitor Center. For Oct. and May, we meet with the Kenai Peninsula Historical Association. Please check the Meet- ings and Announcements section on this page for date information. MEETINGS AND ANNOUNCEMENTS Kenai Historical Society Monthly Meeting 2019—1:30 p.m. Kenai Visitor Center Speaker—Teri Wilson 1964 Earthquake Video PLEASE PLACE STAMP HERE Kenai Historic Society P.O. Box 1348 Kenai, AK 99611 Phone: 283-1946 Phone: 776-8254 E-mail: ak.kyaker@yahoo.com www.facebook.com/Kenai- Historical-Society 67 ACTION AGENDA KENAI CITY COUNCIL -REGULAR MEETING MARCH 6, 2019-6:00 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 cons idered in its normal sequence on the agenda as part of the General Orders . B. SCHEDU LED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1 . ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-14 -Authorizing the City Manager to Enter into an Amended Restaurant Concession Agreement for the Kenai Municipal Airport. (Administration) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of February 20 , 2019 2 . APPROVED BY THE CONSENT AGENDA. *Regular Meeting of February 20 , 2019 F. UNFINISHED BUSINESS 1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No . 3048-2019 -Amending Kenai Municipal Code Chapter 5.25, Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Ma ke Other Housekeeping Amendments . (City Clerk) [Clerk 's Note : During the 02106119 Meeting, this Item was Postponed to Th is Meeting; a Motion to Enact is On the Floor.] • Substitute Ordinance No . 3048-2019 Kena i City Cou nc il Meeting March 6 , 20 19 Page 1 of 3 G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified. (Adm ini stration) 2 . REMOVED FROM THE AGENDA. *Action/Approval -Purchase Orders Exceeding $15,000 . (Administration) 3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3120119. *Ordinance No. 3054-2019 -Accepting Drug Seizure Funds Forfeited to the City in the Amount of $2 , 153.52 and Appropriating those Funds into the Police Professional Services Account in the Furtherance of Criminal Investigations. (Administration) 4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3120119. *Ordinance No. 3055-2019 -Accepting and Appropriating a Scholarship from the Alaska Association of Municipal Clerks for Employee Travel and Training . (Administration) 5 . INTRODUCED/REFERRED TO PLANNING & ZONING/PUBLIC HEARING SET FOR 4103119. *Ordinance No. 3056-2019 -Amending Kenai Municipal Code 14.22.010-Land Use Table, to Allow Business/ Consumer Services and Taxidermy/Gunsmithing in RR1 Zoning District by Conditional Use Permit and Removing the Location Restriction on Professional Offices Allowed by Conditional Use Permit Within the RR1 Zone . (Council Members Peterkin & Glendening) 6. APPROVED UNANIMOUSLY. Action/Approval -Special Use Permit to Kenaitze Indian Tribe for Snow Storage. (Administration) 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) Kenai City Council Meeting March 6, 2019 Pa ge 2 of 3 2. Council Comments L. EXECUTIVE SESSION M. PENDING ITEMS -None. N. ADJOURNMENT *************************************************************************""""""""******************* INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Kenai Historical Society Newsletter -February 2019 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 . Kenai City Council Meeting March 6 , 2019 Page 3 of 3 CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE MARCH 6, 2019 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /o r Resolution(s) at the above-referenced meeting. 1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-14 -Authorizing the City Manager to Enter into an Amended Restaurant Concession Agreement for the Kenai Municipal Airport. (Administration) 2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3048-2019 - Amending Kenai Municipal Code Chapter 5.25 , Mobile Food Vendors, to Revise Application Requirements, License Terms, and Business Conduct Requirements and Make Other Housekeeping Amendments. (City Clerk) Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and/or resolutions may have been amended by the Council prior to adoption without further public notice. NOTICE OF PUBLIC HEARING MARCH 6, 2019 CITY OF KENAI COUNCIL MEETING NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above-noted meeting date: 1. Resolution No. 2019-14 -Authorizing the City Manager to Enter into an Amended Restaurant Concession Agreement for the Kenai Municipal Airport. (Administration) The public hearing will commence at 6:00 p.m ., or as soon thereafter as business permits, in the Kenai City Council Chambers , 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion . Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and/or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised , subject to legal limitations , ordinances and/or resolutions may be amended by the Council prior to adoption without further public n tice . einz, CMC, City Cler March 6, 2019