Cib' ()f 1\ekhlkan
Cib' ()f 1\ekhlkan
City Manager 334 Front Street Ketchikan, AK 9990 1 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM TO:
The Honorable Mayor and City Council
FROM:
Karl R. Amylon, City Manager
DATE:
February 21 , 2017
RE:
Ordinance No. 17-1842 - Repealing Subsection 9.54.040(e) Of The Ketchikan Municipal Code Entitled "Limitations On Off-Premises Solicitation Activity", Amending Subsection 9.54.070(b) Of The Ketchikan Municipal Code Entitled "Fine Schedule"; And Establishing An Effective Date
At its meeting of April 21 , 2016, the City Council adopted a motion approving in second reading Ordinance No. 16-1814 creating a new Chapter 9.54 entitled "OffPremises Commercial Solicitation Restrictions"; and establishing an effective date. As the City Council will recall, Ordinance No. 16-1814 established a Commercial Sol icitation Restriction District wherein solicitations must be made from entirely within an enclosed structure with limited exceptions. The intent of the ordinance was to prohibit vendors in the downtown area from approaching or soliciting people walking by from sidewalks , doorways, etc. Establishment of the Commercial Solicitation Restriction District was consistent with the recommendations of the advisory committee, which was established by the City Council at its meeting of April 16, 2015. The advisory committee also recommended that no new Conditional Use Permits (CUPs) be approved for agents or vendors outside of structures within a defined area of downtown. This recommendation was separately addressed by Resolution No. 16-2621 , which was approved by the City Council at its meeting of March 17, 2016. The attached ordinance was prepared by City Attorney Mitch Seaver, who requested that it be placed before the City Council for consideration at its meeting of March 2, 2017. If adopted by the City Council, Ordinance No. 17-1842 repeals the existing subsection within the KMC that allows for grandfathered uses under Borough Code and clarifies the fines and penalties of employers for violations by employees. The rationale for these changes is detailed in Attorney Seaver's transmittal memorandum and requires no elaboration on the part of my office. I concur with the City Attorney's recommendation. Attorney Seaver will be attending the City Council meeting of March 2, 2017, in order to address any questions and/or concerns that Councilmembers may have. A motion has been prepared for City Council consideration .
RECOMMENDATION
It is recommended that the City Council adopt the motion approving in first reading Ordinance No. 17-1842 repealing subsection 9.54.040(e) of the Ketchikan Municipal Code entitled "Limitations on Off-Premises Solicitation Activity", amending subsection 9.54.070(b) of the Ketchikan Municipal Code entitled "Fine Schedule"; and establishing an effective date. Recommended Motion: I move the City Council approve in first reading Ordinance No. 17-1842 repealing subsection 9.54.040(e) of the Ketchikan Municipal Code entitled "Limitations on Off-Premises Solicitation Activity", amending subsection 9.54.070(b) of the Ketchikan Municipal Code entitled "Fine Schedule"; and establishing an effective date.
AGENDA- 03/02117- GGNB1
THE CITY OF KETCHIKAN, ALASKA ORDINANCE NO. 17-1842 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA; REPEALING SUBSECTION 9 .54.040(e) OF THE KETCHIKAN MUNICIPAL CODE ENTITLED "LIMITATIONS ON OFF-PREMISES SOLICITATION ACTIVITY", AMENDING SUBSECTION 9.54.070(b) OF THE KETCHIKAN MUNICIPAL CODE ENTITLED "FINE SCHEDULE"; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS:
Section 1: Repeal. Sub-section 9.54.040(e) of the Ketchikan Municipal Code, entitled "Limitations on off-premises solicitation activity," is hereby repealed in its entirety. Section 2: Amendment. Sub-section 9.54.070(b) of the Ketchikan Municipal Code, entitled "Fine Schedule," is hereby amended to read as follows : "(b) When the OPS solicitor is employed by the same OPS employer at the time of the violations involved, subsequent violations by that OPS solicitor shall constitute subsequent violations by the OPS employer. Violations by different OPS solicitors employed by the sam e OPS employer shall be aggregate and constitute subsequent offenses by the OPS employer. As examples: in the instance of a first violation the OPS solicitor and the OPS employer would each be subject to a $200 fine so that the total penalties would be $400;
ill
(ii)
ADU/ 0 / Amend9.54
in the second instance of a second violation within 12 months the OPS solicitor and OPS employer would each be subject to a $300 fine so that the total penalties would be $600, penalties for the third and subsequent violations within a 12 month period would be imposed in the same manner;
Page 1
Ordinance No. 1 7- 1842
(iii)
where OPS solicitor A and OPS s olicitor B are e m ployed by the same OPS employer and OPS solicitor A commits a first violation and then OPS solicitor B commits a first violation with in 12 months the OPS employer would be subject to a $200 fine in respect to OPS s olicitor A's violation and a $300 fine in respect to OPS solicitor B's violation, penalties for subsequent violations within 12 months would be imposed in a s imilar manner.
Section 3 : Effective Date. This ordinance is effective on e (1) mon th after its final passage and publication. PASSED ON FIRST READING _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FINAL PASSAGE _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ ___
Lew Williams III, Mayor
I
ATTEST:
EFFECTIVE
ROLL CALL
DAT E:
YEA
I
* NAY
ABSENT
COOSE FLORA
Katherine M. Suiter City Clerk
GAGE ISOM KIFFER
FYI :
Bracketed language is intended to be removed from the existing ordinance, and underlined language in bold type is intended as an addition to the existing Ketchikan Municipal Code.
ADU/ O/ Amend9.54
SIVERTSEN ZENGE MAYOR
Page 2
Ordinance No. 17-1842
Mitch Seaver
334 FRONT STREET Ketchikan, Alaska 99901 T elephone (907) 228-5611 Facsimile (907) 247-2111
City Attorney City of Ketchikan, Alaska
MEMORANDUM
TO:
Karl Amylon David Martin
FROM:
/fJl. ~eaver
f~~t~orney
DATE:
February 21, 2017
SUBJECT:
Amendments to Commercial Solicitation Ordinance
Transmitted herewith are proposed amendments to the Commercial Solicitation ordinance. Section 1 repeals existing subsection (e) 1 which allowed for grand fathered uses under the Borough Code. The Borough has started the process of repealing the CUP requirements for concessions stands which will impact this subsection. Apart from any action by the Borough, it is my understanding the solicitations of the grand fathered operations takes place entirely on private property so the subsection is surplusage and since those solicitations are allowed under the current ordinance. Section 2 clarifies the fine and penalties of employers for violations by employees by setting forth certain examples.
1
That subsection reads as follows: "Under an existing valid concessionaires permit issued by the Ketchikan Gateway Borough prior to January 1, 2016, which was actually utilized during 2015 and any renewals of such permit." ADU!M/MCC-amend9.54
Page 1 of 1
April21, 2016 the previously approved capital account contingency; and direct the city manager to execute the change order on behalf of the City Council. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. Budget Transfer - Additional 2016 Programmed Repairs of Spruce Mill Way Moved by Sivertsen, seconded by Coose the City Council approve the proposed repairs to the Berth I/Spruce Mill Way Transition as detailed in the senior project engineer's memorandum dated April 20, 2016 and authorize budget transfers of $20,000 and $14,414 respectively from the Street's Division's 2016 Bucey Avenue, Baker Street, Larson Street Improvements and the Deer Mountain Court, Bostwick Pavement and Storm Drainage Capital Accounts to the Bawden/Spruce Mill Way Pavement Repair Capital Account. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. Exemptine: the Procurement of Address Commander Software Suite, Annual Maintenance and Support Services from Competitive Bidding Requirements for the Telecommunications Division - Incognito Systems Moved by Sivertsen, seconded by Coose pursuant to subparagraph 6 of Section 3.l2.050(a) of the Ketchikan Municipal Code, the City Council exempt the procurement of an Address Commander software suite and annual maintenance and support services for the Telecommunications Division from the competitive bidding and written quotation requirements of the Ketchikan Municipal Code; authorize the general manager to enter into an agreement for the procurement of an Address Commander software suite and annual maintenance and support services with Incognito Systems of Vancouver, British Columbia in an amount not to exceed $27,000; and approve funding in the amounts of $27,000 from the Telecommunications Division's 2016 Network Monitoring Capital Account. Telecommunications Division Manager Cushing answered questions from the Council. Moved by Sivertsen, seconded by Kiffer to defer this item until detail on the cost of the software and the cost of the maintenance is presented. Motion to defer passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. UNFINISHED BUSINESS
onliiiince N""o. 16-181~ - Creating a New Cbaa~r 9.54 Eatided "Off-Premises Commenial Solicitatioa Restridioas"- Seroml 1liiifing
Copies ofOntinaJiCe No. 16=1814 were availiilile for ill persons preseot. Page 5
April21 , 2016
Mayor Williams said after discussing the ordinance with P-rivate ro~erties, the reference to private property was taken out of the ordinance. He continued tie lias talked to people all this week on the issue and be felt we were ready to put it into place, with a re-evaluation at the end of the season. ovedoy Sivertse~ seco by Zenge ihe City Countil approve in second reading Ordinance No. 16-1814 creating a new Chapter 9.54 entitled "Off-Premises Commercial Solicitation Restrictions"; and establistiiog an effective date. Motion passed with Sivertsen, KilTer, Harris, Gage, Coose and Zenge voting yea; lsom absent.
Protest of Beverage Dispensary License - 1st City Saloon Moved by Harris, seconded by Zenge that, pursuant to KMC 5.20.050(a)(l2) and (b), the City Council proceed with the protest of the renewal of the beverage dispensary license #3213 issued to 1st City Saloon on the basis set forth in the proposed protest attached to the city clerk' s memorandum of April 13, 2016 and to notify the Alcoholic Beverage Control Board of such protest. Motion passed with Sivertsen, Harris, Gage, Coose and Zenge voting yea; Kiffer voting nay; Isom absent.
NEW BUSINESS Fifty-Percent Schematic Design and Cost Estimate for Contract No. 15-14 - Centennial Building Gallery Expansion and Restroom Renovations Moved by Sivertsen, seconded by Kiffer the City Council approve the 50% schematic design and cost estimate for the Centennial Building Gallery Expansion and Restroom Renovations Project as developed by Welsh Whiteley Architects, LLC under Contract No. 15-14 and as modified by staff and the Museum Advisory Board as detailed in the April 7 and April 11, 2016 memoranda of the museum director and senior project engineer and direct the city manager to solicit competitive bids for the project. Museum Director Simpson, Architect Whiteley, and Senior Engineering Technician Brown answered questions from the Council. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent.
Discussion Regarding Obtaining a Professional Firm to Update Numerous City Policies- Councilmember Sivertsen Councilmember Sivertsen said he spoke with Human Resources, saying our rules and regulations on employee policies are old and need to be reviewed because things may have changed regarding state and federal law. He hoped such documents could be made searchable. He felt a Page 6
City Manager 334 Front Street Ketchikan, AK 9990 1 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM TO:
The Honorable Mayor and City Council
FROM:
Karl R. Amylon, City Manager
DATE:
February 21 , 2017
RE:
Ordinance No. 17-1842 - Repealing Subsection 9.54.040(e) Of The Ketchikan Municipal Code Entitled "Limitations On Off-Premises Solicitation Activity", Amending Subsection 9.54.070(b) Of The Ketchikan Municipal Code Entitled "Fine Schedule"; And Establishing An Effective Date
At its meeting of April 21 , 2016, the City Council adopted a motion approving in second reading Ordinance No. 16-1814 creating a new Chapter 9.54 entitled "OffPremises Commercial Solicitation Restrictions"; and establishing an effective date. As the City Council will recall, Ordinance No. 16-1814 established a Commercial Sol icitation Restriction District wherein solicitations must be made from entirely within an enclosed structure with limited exceptions. The intent of the ordinance was to prohibit vendors in the downtown area from approaching or soliciting people walking by from sidewalks , doorways, etc. Establishment of the Commercial Solicitation Restriction District was consistent with the recommendations of the advisory committee, which was established by the City Council at its meeting of April 16, 2015. The advisory committee also recommended that no new Conditional Use Permits (CUPs) be approved for agents or vendors outside of structures within a defined area of downtown. This recommendation was separately addressed by Resolution No. 16-2621 , which was approved by the City Council at its meeting of March 17, 2016. The attached ordinance was prepared by City Attorney Mitch Seaver, who requested that it be placed before the City Council for consideration at its meeting of March 2, 2017. If adopted by the City Council, Ordinance No. 17-1842 repeals the existing subsection within the KMC that allows for grandfathered uses under Borough Code and clarifies the fines and penalties of employers for violations by employees. The rationale for these changes is detailed in Attorney Seaver's transmittal memorandum and requires no elaboration on the part of my office. I concur with the City Attorney's recommendation. Attorney Seaver will be attending the City Council meeting of March 2, 2017, in order to address any questions and/or concerns that Councilmembers may have. A motion has been prepared for City Council consideration .
RECOMMENDATION
It is recommended that the City Council adopt the motion approving in first reading Ordinance No. 17-1842 repealing subsection 9.54.040(e) of the Ketchikan Municipal Code entitled "Limitations on Off-Premises Solicitation Activity", amending subsection 9.54.070(b) of the Ketchikan Municipal Code entitled "Fine Schedule"; and establishing an effective date. Recommended Motion: I move the City Council approve in first reading Ordinance No. 17-1842 repealing subsection 9.54.040(e) of the Ketchikan Municipal Code entitled "Limitations on Off-Premises Solicitation Activity", amending subsection 9.54.070(b) of the Ketchikan Municipal Code entitled "Fine Schedule"; and establishing an effective date.
AGENDA- 03/02117- GGNB1
THE CITY OF KETCHIKAN, ALASKA ORDINANCE NO. 17-1842 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA; REPEALING SUBSECTION 9 .54.040(e) OF THE KETCHIKAN MUNICIPAL CODE ENTITLED "LIMITATIONS ON OFF-PREMISES SOLICITATION ACTIVITY", AMENDING SUBSECTION 9.54.070(b) OF THE KETCHIKAN MUNICIPAL CODE ENTITLED "FINE SCHEDULE"; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS:
Section 1: Repeal. Sub-section 9.54.040(e) of the Ketchikan Municipal Code, entitled "Limitations on off-premises solicitation activity," is hereby repealed in its entirety. Section 2: Amendment. Sub-section 9.54.070(b) of the Ketchikan Municipal Code, entitled "Fine Schedule," is hereby amended to read as follows : "(b) When the OPS solicitor is employed by the same OPS employer at the time of the violations involved, subsequent violations by that OPS solicitor shall constitute subsequent violations by the OPS employer. Violations by different OPS solicitors employed by the sam e OPS employer shall be aggregate and constitute subsequent offenses by the OPS employer. As examples: in the instance of a first violation the OPS solicitor and the OPS employer would each be subject to a $200 fine so that the total penalties would be $400;
ill
(ii)
ADU/ 0 / Amend9.54
in the second instance of a second violation within 12 months the OPS solicitor and OPS employer would each be subject to a $300 fine so that the total penalties would be $600, penalties for the third and subsequent violations within a 12 month period would be imposed in the same manner;
Page 1
Ordinance No. 1 7- 1842
(iii)
where OPS solicitor A and OPS s olicitor B are e m ployed by the same OPS employer and OPS solicitor A commits a first violation and then OPS solicitor B commits a first violation with in 12 months the OPS employer would be subject to a $200 fine in respect to OPS s olicitor A's violation and a $300 fine in respect to OPS solicitor B's violation, penalties for subsequent violations within 12 months would be imposed in a s imilar manner.
Section 3 : Effective Date. This ordinance is effective on e (1) mon th after its final passage and publication. PASSED ON FIRST READING _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FINAL PASSAGE _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ ___
Lew Williams III, Mayor
I
ATTEST:
EFFECTIVE
ROLL CALL
DAT E:
YEA
I
* NAY
ABSENT
COOSE FLORA
Katherine M. Suiter City Clerk
GAGE ISOM KIFFER
FYI :
Bracketed language is intended to be removed from the existing ordinance, and underlined language in bold type is intended as an addition to the existing Ketchikan Municipal Code.
ADU/ O/ Amend9.54
SIVERTSEN ZENGE MAYOR
Page 2
Ordinance No. 17-1842
Mitch Seaver
334 FRONT STREET Ketchikan, Alaska 99901 T elephone (907) 228-5611 Facsimile (907) 247-2111
City Attorney City of Ketchikan, Alaska
MEMORANDUM
TO:
Karl Amylon David Martin
FROM:
/fJl. ~eaver
f~~t~orney
DATE:
February 21, 2017
SUBJECT:
Amendments to Commercial Solicitation Ordinance
Transmitted herewith are proposed amendments to the Commercial Solicitation ordinance. Section 1 repeals existing subsection (e) 1 which allowed for grand fathered uses under the Borough Code. The Borough has started the process of repealing the CUP requirements for concessions stands which will impact this subsection. Apart from any action by the Borough, it is my understanding the solicitations of the grand fathered operations takes place entirely on private property so the subsection is surplusage and since those solicitations are allowed under the current ordinance. Section 2 clarifies the fine and penalties of employers for violations by employees by setting forth certain examples.
1
That subsection reads as follows: "Under an existing valid concessionaires permit issued by the Ketchikan Gateway Borough prior to January 1, 2016, which was actually utilized during 2015 and any renewals of such permit." ADU!M/MCC-amend9.54
Page 1 of 1
April21, 2016 the previously approved capital account contingency; and direct the city manager to execute the change order on behalf of the City Council. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. Budget Transfer - Additional 2016 Programmed Repairs of Spruce Mill Way Moved by Sivertsen, seconded by Coose the City Council approve the proposed repairs to the Berth I/Spruce Mill Way Transition as detailed in the senior project engineer's memorandum dated April 20, 2016 and authorize budget transfers of $20,000 and $14,414 respectively from the Street's Division's 2016 Bucey Avenue, Baker Street, Larson Street Improvements and the Deer Mountain Court, Bostwick Pavement and Storm Drainage Capital Accounts to the Bawden/Spruce Mill Way Pavement Repair Capital Account. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. Exemptine: the Procurement of Address Commander Software Suite, Annual Maintenance and Support Services from Competitive Bidding Requirements for the Telecommunications Division - Incognito Systems Moved by Sivertsen, seconded by Coose pursuant to subparagraph 6 of Section 3.l2.050(a) of the Ketchikan Municipal Code, the City Council exempt the procurement of an Address Commander software suite and annual maintenance and support services for the Telecommunications Division from the competitive bidding and written quotation requirements of the Ketchikan Municipal Code; authorize the general manager to enter into an agreement for the procurement of an Address Commander software suite and annual maintenance and support services with Incognito Systems of Vancouver, British Columbia in an amount not to exceed $27,000; and approve funding in the amounts of $27,000 from the Telecommunications Division's 2016 Network Monitoring Capital Account. Telecommunications Division Manager Cushing answered questions from the Council. Moved by Sivertsen, seconded by Kiffer to defer this item until detail on the cost of the software and the cost of the maintenance is presented. Motion to defer passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent. UNFINISHED BUSINESS
onliiiince N""o. 16-181~ - Creating a New Cbaa~r 9.54 Eatided "Off-Premises Commenial Solicitatioa Restridioas"- Seroml 1liiifing
Copies ofOntinaJiCe No. 16=1814 were availiilile for ill persons preseot. Page 5
April21 , 2016
Mayor Williams said after discussing the ordinance with P-rivate ro~erties, the reference to private property was taken out of the ordinance. He continued tie lias talked to people all this week on the issue and be felt we were ready to put it into place, with a re-evaluation at the end of the season. ovedoy Sivertse~ seco by Zenge ihe City Countil approve in second reading Ordinance No. 16-1814 creating a new Chapter 9.54 entitled "Off-Premises Commercial Solicitation Restrictions"; and establistiiog an effective date. Motion passed with Sivertsen, KilTer, Harris, Gage, Coose and Zenge voting yea; lsom absent.
Protest of Beverage Dispensary License - 1st City Saloon Moved by Harris, seconded by Zenge that, pursuant to KMC 5.20.050(a)(l2) and (b), the City Council proceed with the protest of the renewal of the beverage dispensary license #3213 issued to 1st City Saloon on the basis set forth in the proposed protest attached to the city clerk' s memorandum of April 13, 2016 and to notify the Alcoholic Beverage Control Board of such protest. Motion passed with Sivertsen, Harris, Gage, Coose and Zenge voting yea; Kiffer voting nay; Isom absent.
NEW BUSINESS Fifty-Percent Schematic Design and Cost Estimate for Contract No. 15-14 - Centennial Building Gallery Expansion and Restroom Renovations Moved by Sivertsen, seconded by Kiffer the City Council approve the 50% schematic design and cost estimate for the Centennial Building Gallery Expansion and Restroom Renovations Project as developed by Welsh Whiteley Architects, LLC under Contract No. 15-14 and as modified by staff and the Museum Advisory Board as detailed in the April 7 and April 11, 2016 memoranda of the museum director and senior project engineer and direct the city manager to solicit competitive bids for the project. Museum Director Simpson, Architect Whiteley, and Senior Engineering Technician Brown answered questions from the Council. Motion passed with Sivertsen, Kiffer, Harris, Gage, Coose and Zenge voting yea; Isom absent.
Discussion Regarding Obtaining a Professional Firm to Update Numerous City Policies- Councilmember Sivertsen Councilmember Sivertsen said he spoke with Human Resources, saying our rules and regulations on employee policies are old and need to be reviewed because things may have changed regarding state and federal law. He hoped such documents could be made searchable. He felt a Page 6
