The URL can be used to link to this page

Home My WebLink About2018-10-17 Council Packet Kenai City Council Meeting Page 1 of 4 October 17, 2018 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 17, 2018 – 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. Certification of Election .................................................................................... Pg. 5 4. Administer Oaths of Office 5. Agenda Approval 6. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Bryr Harris, Kenai Peninsula Borough River Center – Overview of Floodplain Zones and the National Flood Insurance Program (NFIP). C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3041-2018 – Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-Ordinance Levying Assessments, and 16.15.050- Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16- Public Improvement And Special Assessments. (Administration) .......... Pg. 7 2. Ordinance No. 3042-2018 – Amending Kenai Municipal Code Section 14.20.151- Application For Conditional Use Permit For Surface Extraction Of Natural Resources, And 14.20.154-Issuance Of Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Application and Permitting Process. (Administration) ......................................................................................................................... Pg. 11 3. Ordinance No. 3043-2018 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) ................................................................................................ Pg. 21 Kenai City Council Meeting Page 2 of 4 October 17, 2018 4. Ordinance No. 3044-2018 – Amending Kenai Municipal Code Section 3.05.070- Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015-Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and 13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses. (Legal) ................................ Pg. 25 5. Resolution No. 2018-54 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Fees for Cemetery Gazebo Markers and Memorial Park Markers. (City Clerk) ................................................................. Pg. 37 6. Resolution No. 2018-55 – Approving a Memorandum of Agreement with the Kenai Peninsula Borough to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application. (Administration) ............ Pg. 41 7. Resolution No. 2018-56 – Authorizing a Six-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30, 2018 – June 30,2019). (Administration) ................................................................................................ Pg. 49 8. Resolution No. 2018-57 – Commending The Kenai Central High School Girls As The Alaska Division Ii State Cross Country Champions For The Year 2018. (Mayor Gabriel) ......................................................................................................................... Pg. 55 9. Resolution No. 2018-58 – Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan. (Council Members Molloy and Glendening and Vice Mayor Navarre) ............... Pg. 57 10. Resolution No. 2018-59 – Opposing Ballot Measure 1, an Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. (Vice Mayor Navarre and Council Member Pettey) ................................................................................... Pg. 65 E. MINUTES 1. *Regular Meeting of October 3, 2018 .............................................................. Pg. 115 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. ......................................................... Pg. 121 2. *Action/Approval – Purchase Orders Over $15,000 3. *Ordinance No. 3045-2018 – Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of Portable Police and Fire Department Kenai City Council Meeting Page 3 of 4 October 17, 2018 Radios and For the Purchase and Installation of Video Surveillance Cameras tor the City’s Public Safety Building. (Administration) ................................................. Pg. 123 4. Action/Approval – Mayoral Nominations of Mary Rhyner for Appointment to the Beautification Committee and Jennifer Dennis for Appointment to the Parks & Recreation Commission. (Mayor Gabriel) ....................................................... Pg. 127 5. Action/Approval – Authorize a Donation of $500 to the Boys and Girls Club of the Kenai Peninsula for Supplies for the Fall Pumpkin Festival. (Mayor Gabriel) .. Pg. 133 H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission ........................................................................................ Pg. 137 • Sub-Committee Update ............................................................................ Pg. 141 4. Parks and Recreation Commission ................................................................. Pg. 143 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager .................................................................................................. Pg. 145 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review ............... Pg. 165 Kenai City Council Meeting Page 4 of 4 October 17, 2018 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. CITY OF KENAI REGULAR ELECTION OF OCTOBER 2, 2018 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 2, 2018. Absentee (in-person, by-fax/email, personal needs, by-mail) and Questioned Ballots Received 123 Absentee/Questioned Ballots Rejected 13 Absentee/Questioned Ballots Counted 110 Poll Voter Turn Out 799 / 13.64% Total Voter Turn Out 909 / 15.51% Number of Kenai Registered Voters 5859 ******************************************************************************************** FOR CITY COUNCIL, TWO THREE-YEAR TERMS CANDIDATES POLL VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED Peterkin II, Robert 449 61 510 Molloy, Bob 374 70 444 Winger, Teea 325 31 356 Write-Ins 9 1 10 ________________________________ ________________________________ Brian Gabriel, Sr., Mayor Tim Navarre, Vice Mayor ________________________________ ________________________________ Mike Boyle, Council Member Henry Knackstedt, Council Member ________________________________ ________________________________ Robert J. Molloy, Council Member Jim Glendening, Council Member ________________________________ Glenese Pettey, Council Member ATTEST: ________________________________ ________________________________ Jamie Heinz, City Clerk Date Page 5 of 165 (This page was intentionally left blank) Page 6 of 165 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3041-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING HOUSEKEEPING AMENDMENTS TO KENAI MUNICIPAL CODE 16.05.160-ORDINANCE LEVYING ASSESSMENTS, AND 16.15.050- ESTABLISHMENT OF AMOUNT, AFTER SUBSTANTIVE CHANGES WERE RECENTLY MADE TO KENAI MUNICIPAL CODE TITLE 16- PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENTS. WHEREAS, the City Council recently enacted Ordinance 3034-2018 which repealed and re- enacted two Chapters of Title 16- Public Improvement and Special Assessments; and, WHEREAS, two housekeeping changes are needed to fix a reference to a repealed code section in KMC 16.15.050 and complete an incomplete reference in 16.05.160; and, WHEREAS, these changes are necessary and will improve the consistency of the City’s Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 16.05.160 of the Kenai Municipal Code: That Kenai Municipal Code, Section 16.05.160 –Ordinance Levying Assessments, is hereby amended as follows: (a) After the improvement has been completed and the actual cost ascertained, the City Manager shall prepare and submit to the City Council an assessment roll containing a description of the parcels in the special assessment district, the names of their record owners, and the amounts of the assessments. The assessment roll shall be submitted with an ordinance confirming the assessment roll and levying the assessments. The ordinance shall provide for the levying of the assessment against the property included within the district and may establish a sinking fund for payment of principal and interest on any bonds which may be sold to finance the improvement. The ordinance shall also fix times of payment, schedule of payments, rate of interest on unpaid installments, the date of delinquency of assessments, and the penalty and interest to be paid on delinquent assessments. On delinquent assessments, penalty shall be in accordance with the provisions of KMC 1.75.010. The assessment roll shall be filed with the City Clerk at the time of the introduction of the ordinance and shall be open to public inspection. (b) The City Clerk shall give notice of the public hearing on the ordinance: (1) By regular mail mailed not less than ten (10) days before the date of the hearing to each record owner of a parcel in the district; and Page 7 of 165 Ordinance No. 3041-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (2) By publication in a newspaper of general circulation at least once a week for four (4) consecutive weeks. (c) The notice mailed to each record owner in the district shall state that the assessment roll is on file in the office of the City Clerk and is available for public inspection, the time and place for the hearing of objections to an assessment, and the amount of the assessment to be levied against the parcel. (d) After the public hearing on the ordinance, the Council shall correct any errors or inequalities in the assessment roll, and confirm the corrected roll by adoption of the ordinance. Section 2. Amendment of Section 16.15.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 16.15.050 – Establishment of Amount, is hereby amended as follows: If the Council deems it necessary, the establishment of the amount of the “in-lieu payment” may be processed as required by KMC 16.05.140 [10.070] through 16.05.160 [10.130] of this Code. 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 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: October 3, 2018 Enacted: October 17, 2018 Effective: November 16, 2018 Page 8 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: September 25, 2018 SUBJECT: Ordinance No. 3041-2018, Housekeeping Amendment to Title 16-Public Improvements and Special Assessments ____________________________________________________________________________ The City Council Recently repealed and re-enacted two Chapters of Title 16-Public Improvements and Special Assessments. After receiving the changes, the City’s code publisher pointed out two sections of code that need clean up. First, KMC 16.05.160(a) references the City’s rate of penalty in the last sentence but left off the actual code section (KMC 1.75.010) that provides for a rate of penalty of 10 %. Second, KMC16.15.050 that deals with in-lieu payments contains a reference that was repealed. The proposed ordinance provides the correct new reference. Your consideration is appreciated. Page 9 of 165 (This page was intentionally left blank) Page 10 of 165 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Legal CITY OF KENAI ORDINANCE NO. 3042-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.151-APPLICATION FOR CONDITIONAL USE PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, AND 14.20.154-ISSUANCE OF PERMIT FOR SURFACE EXTRACTION OF NATURAL RESOURCES, TO PROVIDE CONSISTENCY IN THE APPLICATION AND PERMITTING PROCESS. WHEREAS, the Council enacted Ordinance 3039-2018, amending the permitting process for surface extraction of natural resources on September 19, 2018; and, WHEREAS, an amendment was made changing “or” to “and” in the following language “1% Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, and [emphasis added] high- hazard coastal areas” in two sections of the ordinance but was not amended in a third section; and, WHEREAS, the third section where this language occurs should be amended for consistency purposes; and, WHEREAS, amendments to the Ordinance allowed for Federal Emergency Management Flood Maps or survey data to be used to assess proper location of material sites for the applicant’s submittal process, but a complimentary amendment was not made allowing the Planning and Zoning Commission to consider survey data when evaluating an application; and, WHEREAS, in order to make both the submittal and evaluation process consistent, the evaluation process in KMC 14.20.154 must be amended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.20.151 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.151 – Application for Conditional Use Permit for Surface Extraction of Natural Resources, is hereby amended as follows: 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources. An application for a Conditional Use Permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the City Planner, along with the appropriate fee as set forth in the City’s schedule of fees adopted by the City Council. All applications shall be accompanied by the following documents and information: Page 11 of 165 Ordinance No. 3042-2018 Page 2 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (a) A site plan, drawn to scale and prepared by the appropriate professional discipline registered or licensed as such by the State of Alaska under Alaska Statute Title 8, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; (2) Existing topographical contours with not less than ten-foot (10') contour intervals; (3) Proposed finished topographical contours (when extraction is completed) with not less than ten-foot (10') contour intervals; (4) Existing and proposed buildings and structures on the site; (5) Principal access points which will be used by trucks and equipment, including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit; (6) Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas, and so forth; (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas as indicated by: A. the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels, or B. survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1% Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, [OR] or high-hazard coastal areas. (8) Location and nature of other operations, if any, which are proposed to take place on the site. (b) A narrative statement containing the following information: (1) Soil surveys with reference to the average year-round water table throughout the entire acreage. Piezometers may be used to determine an average water depth; (2) Estimated amount of material to be removed from the site over the entire period of operation; (3) Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect; (4) Proposed hours of operation; (5) Method of fencing or barricading the petition area to prevent casual access; (6) Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and the proposed site of the pit; Page 12 of 165 Ordinance No. 3042-2018 Page 3 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (7) Plans, if any, to construct artificial screening; (8) Description of operations or processing which will take place on the site during and after the time the material is extracted; (9) Plan or program for regrading and shaping the land for future use; (10) Method of backfilling and/or replacing topsoil; (11) Proposed future use of the land after resources are extracted, including a proposed development plan showing location of houses, parks, lakes, etc.; (12) Other information which may pertain to the particular site. (c) Proof that the applicant has obtained or is eligible to obtain the necessary licenses required by state or federal agencies. (d) Proof that the applicant is the owner of the subject property. Section 2. Amendment of Section 14.20.154 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.154 - Issuance of Permit for Surface Extraction of Natural Resources, is hereby amended as follows: (a) On the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met: (1) The application is in substantial compliance with the requirements of this chapter; (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least two hundred feet (200') from any road or public right-of-way and at least one hundred fifty feet (150') from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet (150') excavation between sites; (3) The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. If there is not sufficient natural screening, the site plan must provide for artificial screening; (4) The surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas. [AS INDICATED BY THE MOST CURRENT LOCALLY-APPROVED FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE (FEMA FIRM) MAP PANELS] (5) The site plan provides that back slopes be a minimum of a 2:1 slope, except for the contiguous working face; Page 13 of 165 Ordinance No. 3042-2018 Page 4 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] (6) The site plan does not provide for excavation below the water table except where a reasonable method of drainage is available at the particular site or where the proposed future development plan provides for a lake on the site of the excavation; (7) If the excavation is to be below the water table and the site is likely to endanger the public safety, the site plan shall provide for fencing of the work area; (8) The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the property is located; (9) The extraction does not destroy the land for the purposes for which it is zoned; (10) The need for the particular natural resource within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners; (11) The applicant is the owner of the subject property; (12) Clearing limits shall be delineated on the site plan as well as clearly visible onsite and shall be inspected by the City Planner or designee prior to the application being deemed complete. (b) If the Commission determines that all requirements have been met, the Commission shall direct the City Planner to issue a Conditional Use Permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of this chapter, and shall so state. (c) The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned, the Commission shall specify the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resources can take place until the artificial screening provided for has been erected and approved by the Commission. (d) Appeals from decisions of the Commission under this section shall be made in accordance with the provisions of this chapter. 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 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. Page 14 of 165 Ordinance No. 3042-2018 Page 5 of 5 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, City Clerk Introduced: October 3, 2018 Enacted: October 17, 2018 Effective: November 17, 2018 Page 15 of 165 (This page was intentionally left blank) Page 16 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: September 25, 2018 SUBJECT: Ordinance No. 3042-2018, Amendment to Natural Resource Extraction Review Process ____________________________________________________________________________ Ordinance No. 3042-2018, amending KMC 14.20.151 Application for Conditional Use Permit for Surface Extraction of Natural Resources and KMC 14.20.154- Issuance of Permit for Surface Extraction of Natural Resources, essentially just makes a housekeeping change. While Council amended Ordinance 3039-2018 to change an “or” to an “and” in the following string “1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas” in two places, it was missed in a third place, KMC14.20.151(a)(7)(B), and needs to be changed there as well, Additionally, while an amendment was made to allow for survey data or federal flood plain maps to be used in the application for locating surface extraction material sites in KMC 14.20.151, a similar amendment was not made to the review process in KMC 14.20.154 which only references federal flood maps. The proposed amendments makes the two code sections consistent as shown below: KMC 14.20.151-Application for Conditional Use Permit for Surface Extraction of Natural Resources, as amended: (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas as indicated by: A. the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels, or B. survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1% Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, [OR] and high-hazard coastal areas. Page 17 of 165 Page 2 of 2 Ord. No. 3042-2018 KMC 14.20.154- Issuance of Permit for Surface Extraction of Natural Resources, as proposed to be amended: (4) The surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas. [AS INDICATED BY THE MOST CURRENT LOCALLY-APPROVED FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE (FEMA FIRM) MAP PANELS] Your consideration is appreciated. Page 18 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: October 9, 2018 SUBJECT: Amendment Memo for Ordinance 3042-2018 ____________________________________________________________________________ Ordinance 3042-2018 makes housekeeping amendments to the application and decision process for surface extraction of natural resources. It is requested that Council move an amendment to Section 1 of the Ordinance, as originally intended, amending 14.20.151(a)(7)(B) to read as follows: (7) Verification that the proposed surface extraction is outside of the 1% Annual Chance Flood Zone (100-year floodplain), 0.2% Annual Chance Flood Zone (500-year floodplain), and high-hazard coastal areas as indicated by: A. the most current locally-approved Federal Emergency Management Agency Flood Insurance Rate (FEMA FIRM) map panels, or B. survey data from a surveyor registered or licensed in the State of Alaska showing the proposed site is outside of the 1% Annual Chance Flood Zone, 0.2% Annual Chance Flood Zone, [OR] or and high-hazard coastal areas. Your consideration is appreciated. Page 19 of 165 (This page was intentionally left blank) Page 20 of 165 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3043-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A DONATION FROM HILCORP ENERGY COMPANY TO ASSIST WITH THE ANNUAL KENAI SENIOR CENTER THANKSGIVING DINNER. WHEREAS, annually the Kenai Senior Center hosts a Thanksgiving Dinner that is open to seniors from all over the Kenai Peninsula; and, WHEREAS, the City has received a donation from Hilcorp Energy Company in the amount of $3,500 for the purchase of food and supplies for hosting the event; and, WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate this donation for the purposes described above. 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 a donation from Hilcorp Energy Company in the amount of $3,500 and to expend the donated funds to fulfill the purpose and intent of this ordinance. Section 2. That the estimated revenues and appropriations be increased as follows: Senior Fund: Increase Estimated Revenues – Donations $3,500 Increase Appropriations – Congregate Meals – Operating Supplies $2,625 Home Meals – Operating Supplies 875 $3,500 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. Page 21 of 165 Ordinance No. 3043-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: October 3, 2018 Enacted: October 17, 2018 Effective: October 17, 2018 Page 22 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: September 24, 2018 SUBJECT: Ordinance No. 3043-2018 - Hilcorp Energy Company Donation ____________________________________________________________________________ Hilcorp Energy Company donated $3,500.00 for the Annual Peninsula Wide Senior Thanksgiving Dinner, which will be held on November 20, 2018. This is the sixth year Hilcorp has provided funding and volunteers for this event. The Annual Peninsula Wide Senior Thanksgiving Dinner is a senior tradition that began in 1976. A Homemakers Club provided and served the first meal to the seniors. From there it grew and has been passed on through Unocal Oil, Agrium, and Marathon Oil. Since 2012, Hilcorp has continued the tradition by providing the funding and the volunteers. The donation will be used as follows: Food $3,320.00 Centerpieces 180.00 Total Donation $3,500.00 Thank you for your consideration. Page 23 of 165 (This page was intentionally left blank) Page 24 of 165 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3044-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 3.05.070-CITATION PROCEDURE, AMENDING AND RENAMING KENAI MUNICIPAL CODE SECTIONS 13.10.015-MINOR OFFENSE AMENDABLE TO DISPOSITION WITHOUT COURT APPEARANCE BY PAYMENT OF A FINE, AND 13.30.010-STATE TRAFFIC REGULATIONS ADOPTED, AND ENACTING A NEW SECTION OF KENAI MUNICIPAL CODE SECTION 13.30.015-STATE TRAFFIC BAIL FORFEITURE SCHEDULES ADOPTED BY REFERENCE, TO INCORPORATE ADDITIONAL MINOR OFFENSES INTO KENAI CITY CODE AND MAKE HOUSEKEEPING CHANGES TO COMPLY WITH CHANGES TO STATE LAW AND COURT PROCEDURES REGARDING MINOR OFFENSES. WHEREAS, the City currently prosecutes various minor offenses including certain state defined traffic offenses adopted by the City as provided in KMC 13.10.015-Minor Offenses Amendable to Disposition Without Court Appearance by Payment of a Fine, as well as offenses unique to the City including offenses to property, animal control and driving and parking in certain areas of the City; and, WHEREAS, not all state defined traffic offenses that are minor offenses are currently incorporated into City code, and while these non-incorporated minor offenses are still cited and prosecuted by City Police Officers on behalf of the State, the City does not receive any monetary remuneration or retain prosecutorial control; and, WHEREAS, it is in the best interest of the City to incorporate all state traffic minor offenses into City Code, so these minor offenses may be prosecuted by the City Attorney with monetary remuneration, if any returning to the City and not the State; and, WHEREAS, these changes will not result in additional burden to the Kenai Police Department and the additional burden to the Legal Department in processing and prosecuting the new offenses which include offenses such as not wearing a seatbelt and driving without insurance is anticipated to be manageable; and, WHEREAS, other housekeeping changes are needed to comply with state minor offense statutes and court procedures to allow the City to successfully prosecute minor offenses that are not incorporated state traffic offenses but instead offenses described in City Code including offenses to property, animal control and driving and parking in certain areas of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Page 25 of 165 Ordinance No. 3044-2018 Page 2 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 1. Amendment of Section 3.05.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.05.070 – Citation procedure, is hereby amended as follows: 3.05.070 – Citation [P]Procedure (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear [TO ANSWER TO THE CHARGE] in the [DISTRICT] Court for the Third Judicial District of the State of Alaska at Kenai, or pay a fine to the City of Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with [HIS] the officer’s immediate superior who shall forward the citation to the [DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT OF THE STATE OF ALASKA AT KENAI] City of Kenai Legal Department. [THEREAFTER, THE SUMMONS AND COMPLAINT MAY BE DISPOSED OF ONLY BY OFFICIAL ACTION.] [(D) A SUMMONS AND COMPLAINT IN THE FORM OF A CITATION THAT FULFILLS THE REQUIREMENTS FOR A COMPLAINT UNDER THE DISTRICT COURT RULES OF CRIMINAL PROCEDURE PROMULGATED BY THE SUPREME COURT OF THE STATE OF ALASKA SHALL BE DEEMED A LAWFUL COMPLAINT FOR THE PURPOSE OF PROSECUTING A VIOLATION OF THIS TITLE.] ([E]d) Mandatory Court Appearance shall be required: (1) For a violation of KMC 3.10.020(c). (2) For a violation of KMC 3.10.070(g). (3) For all cruelty charges under this code. [(4) UPON SECOND CITATION OF ALL OTHER PROVISIONS OF CHAPTER 3.10 IN A TWELVE (12) MONTH PERIOD.] Section 2. Amendment and Renaming of Section 13.10.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015 – Minor offenses amendable to disposition without court appearance by payment of a fine, is hereby amended and renamed as follows: 13.10.015 – [MINOR OFFENSES AMENDABLE TO DISPOSITION WITHOUT COURT APPEARANCE BY PAYMENT OF A FINE] Minor Offense Fine Schedule. [IN ACCORDANCE WITH AS 28.05.151, A CITATION ISSUED FOR VIOLATION OF ANY OF THE FOLLOWING SECTIONS OF THIS TITLE SHALL BE SUBJECT TO DISPOSITION WITH PAYMENT OF A FINE IN LIEU OF A COURT APPEARANCE OR AS OTHERWISE PRESCRIBED. VIOLATIONS COMMITTED WITHIN HIGHWAY WORK ZONES SHALL BE SUBJECT TO DOUBLE THE FINE AMOUNT INDICATED.] In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Title 28 and 13 AAC offenses plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be Page 26 of 165 Ordinance No. 3044-2018 Page 3 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] paid to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule or another fine schedule the defendant must appear in court to answer to the charges. The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense may not be disposed of without a court appearance if the offense is in connection with a motor vehicle accident that results in a death of a person. [CODE VIOLATION] MINOR OFFENSE FINE SCHEDULE CITE RULE/OFFENSE FINE RULES OF ROAD [1 13 AAC 02.050(a) DRIVING ON RIGHT REQUIRED $ 75.00 2 13 AAC 02.050(b) SLOWER TRAFFIC TO KEEP RIGHT 75.00 3 13 AAC 02.055(a) OVERTAKING ON RIGHT 150.00 4 13 AAC 02.060(c) RESTRICTIONS ON DRIVING LEFT OF CENTER 150.00 5 13 AAC 02.065(a) OVERTAKING ON LEFT 150.00 6 13 AAC 02.070 PASSING VEHICLE PROCEEDING IN OPPOSITE DIRECTION 100.00 7 13 AAC 02.075(b) NO PASSING ZONE 150.00 8 13 AAC 02.090 FOLLOWING TOO CLOSELY 100.00 9 13 AAC 02.080(b-c) WRONG WAY ON ONE-WAY STREET 150.00 10 13 AAC 02.085(a) DRIVING ON ROADWAYS LANED FOR TRAFFIC / IMPROPER LANE CHANGE 75.00 11 13 AAC 02.095(a) VEHICLES RESTRICTED FROM CONTROLLED ACCESS ROADWAY 100.00 12 13 AAC 02.095(c) CONTROLLED ACCESS ROADWAY, ENTERING OR EXITING 75.00 13 13 AAC 02.545(b) DRIVER TO EXERCISE DUE CARE 150.00 14 AS 28.35.410(a) NEGLIGENT DRIVING 300.00 RIGHT-OF-WAY 15 13 AAC 02.010(a)(3)(A) FAILURE TO STOP FOR STEADY RED TRAFFIC SIGNAL $150.00 16 13 AAC 02.120(a) VEHICLE APPROACHING INTERSECTION 90.00 17 13 AAC 02.125 VEHICLE TURNING LEFT 150.00 18 13 AAC 02.130(b) FAILURE TO OBEY STOP SIGNS 100.00 19 13 AAC 02.130(b-c) FAILURE TO YIELD AFTER STOPPING OR AT YIELD SIGN 150.00 20 13 AAC 02.135(b) STOP AND YIELD FROM PRIVATE ROAD OR DRIVEWAY 100.00 21 13 AAC 02.140(a-b) FAILURE TO YIELD TO EMERGENCY VEHICLE 150.00 Page 27 of 165 Ordinance No. 3044-2018 Page 4 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] PEDESTRIAN RIGHTS AND DUTIES 22 13 AAC 02.150 PEDESTRIAN TO OBEY CONTROL DEVICES AND REGULATIONS $ 40.00 23 13 AAC 02.155(a) DRIVER TO YIELD TO PEDESTRIAN IN CROSSWALK 100.00 24 13 AAC 02.155(b) PEDESTRIANS TO USE DUE CARE 50.00 25 13 AAC 02.155(c) DRIVER NOT TO PASS VEHICLE STOPPED FOR PEDESTRIAN 75.00 26 13 AAC 02.155(d) PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK 25.00 27 13 AAC 02.155(e) DRIVING THROUGH SAFETY ZONE 75.00 28 13 AAC 02.160(a-f) PEDESTRIAN CROSSING NOT IN CROSSWALK TO YIELD 40.00 29 13 AAC 02.160(e) PROHIBITED PEDESTRIAN CROSSING 40.00 30 13 AAC 02.160(d) PEDESTRIAN CROSSING AT OTHER THAN RIGHT ANGLE 25.00 31 13 AAC 02.175 ILLEGAL WALKING ON ROADWAY 40.00 32 13 AAC 02.180 PEDESTRIANS SOLICITING RIDES OR BUSINESS 50.00 33 13 AAC 02.190 DRIVER TO YIELD RIGHT-OF-WAY TO BLIND PEDESTRIANS 150.00 TURNING AND STARTING 34 13 AAC 02.200(a-c) TURNING MOVEMENT PROHIBITED OR RESTRICTED $75.00 35 13 AAC 02.205(a-b) IMPROPER U-TURN 75.00 36 13 AAC 02.210 IMPROPER START FROM PARKED POSITION 75.00 37 13 AAC 02.215(a-f) TURNING MOVEMENTS AND REQUIRED SIGNALS 75.00 SPECIAL STOPS REQUIRED 38 13 AAC 02.257 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING $100.00 39 13 AAC 02.265 STOP REQUIRED WHEN TRAFFIC OBSTRUCTED 75.00 40 13 AAC 02.325(e) OVERTAKING AND PASSING SCHOOL BUS 3-19 OVER $ 8.00 PER MILE 41 20 OR MORE OVER 12.00 PER MILE SPEED RESTRICTIONS 42 13 AAC 02.275(a) SAFE SPEED UNDER CERTAIN HAZARDOUS CONDITIONS (BASIC SPEED) $90.00 43 13 AAC 02.275(b) SPEED VIOLATIONS—DESIGNATED LIMITS 3-19 OVER 8.00 PER MILE 44 20 OR MORE OVER 12.00 PER MILE 45 13 AAC 02.280(a-d) SPEED VIOLATIONS—ALTERED LIMITS 3-19 OVER 8.00 PER MILE 46 20 OR MORE OVER 12.00 PER MILE 47 MINIMUM SPEED VIOLATION; IMPEDING TRAFFIC 60.00 48 13 AAC 02.325(d) SPEED VIOLATIONS—SCHOOL ZONES 3-9 OVER 12.00 PER MILE Page 28 of 165 Ordinance No. 3044-2018 Page 5 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 49 10-19 OVER 14.00 PER MILE 50 20 OR MORE OVER 16.00 PER MILE] OFF-ROAD [VEHICLES] VEHICLE OPERATION [51]1 KMC 13.40.020(a[-F]) [OFF-ROAD VEHICLE OPERATION] On public or private property without the express or implied consent of the owner, authorized agent, or representative. $100.00 2 KMC 13.40.020(b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this chapter. $100.00 3 KMC 13.40.020(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. $100.00 4 KMC 13.40.020(d) On any City or State road right-of-way that has been landscaped, seeded, or otherwise improved. $100.00 5 KMC 13.40.020(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. $100.00 6 KMC 13.40.020(f) In such a manner as to cause damage to improved property or destruction to the terrain. $100.00 [52]7 KMC 13.40.030 Special stops required 90.00 [53]8 KMC 13.40.050 Helmet required 100.00 [54]9 KMC 13.30.080 Operating vehicle in a prohibited area 100.00 ANIMALS [55]10 KMC 3.10.010(a) [INTERFERENCE WITH PEACE OR PRIVACY] No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (1st offense) $ 50.00 [56]11 KMC 3.10.010(a) [INTERFERENCE WITH PEACE OR PRIVACY] No person may permit an animal which he owns to interfere with another person’s reasonable right to peace or privacy by making repeated or continued noise. (2nd offense) 100.00 [57]12 KMC 3.10.020[(A, B AND D)](b) [CONTROL AND CONFINEMENT OF ANIMALS] A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (1st offense) 50.00 [58]13 KMC 3.10.020[(A, B AND D)](b) [CONTROL AND CONFINEMENT OF ANIMALS] A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (2nd offense) 100.00 14 KMC 3.10.020(c) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (1st offense) 50.00 15 KMC 3.10.020(c) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (2nd offense) 100.00 Page 29 of 165 Ordinance No. 3044-2018 Page 6 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 16 KMC 3.10.020(d) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (1st offense) 50.00 17 KMC 3.10.020(d) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. (2nd offense) 100.00 18 KMC 3.10.010(e) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (1st offense) 50.00 19 KMC 3.10.010(e) No person other than an officer performing his duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. (2nd offense) 100.00 [59]20 KMC 3.20.010 Failure to license a dog 25.00 [60]21 KMC 3.10.080 Failure to properly dispose of dog waste 50.00 22 KMC 3.15.050(a) Standards for operating facilities up to 500.00 PARKING [61]23 KMC 13.10.060 Camping on private property $50.00 [62]24 KMC 13.30.030 Night Parking Prohibited 50.00 [63]25 KMC 13.30.035 Paid parking 50.00 [64]26 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 [65]27 KMC 18.35.010 Overnight camping 50.00 [66 13 AAC 02.340 PARKING, STOPPING ON HIGHWAY 50.00] [67]28 AR 6.05.010-030 Parking at Airport (1st offense) 25.00 [68]29 AR 6.05.010-030 Parking at Airport (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING [69]30 KMC 12.20.010 Deposit of refuse (littering) [SEE KMC 12.20.010 FOR APPLICABLE FINE AMOUNT] $500.00 [OR $150.00] 31 KMC 12.20.010 No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. 150.00 [70]32 KMC 12.25.020 Abandonment of vehicle 100.00 [71]33 KMC 12.25.030 Junk vehicle 100.00 OFFENSES AGAINST PROPERTY [72]34 KMC 13.20.030 Protection of North and South Shore—No physical damage 150.00 [73]35 KMC 13.20.030 Protection of North and South Shore—Physical damage 500.00 Page 30 of 165 Ordinance No. 3044-2018 Page 7 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] 36 KMC 13.20.035 Burning of pallets and other wood materials containing metal fasteners 50.00 [74] [ANY OFFENSE UNDER TITLE 13 OF THE ALASKA ADMINISTRATIVE CODE WHICH HAS BEEN INCORPORATED BY REFERENCE UNDER KMC 13.30.010 AND IS NOT LISTED ON THIS FINE SCHEDULE SHALL HAVE A FINE AMOUNT AS PROVIDED BY THE STATE IN ADMINISTRATIVE RULE 43.1.] Section 3. Amendment and Renaming of Section 13.30.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.010 – State traffic regulations adopted, is hereby amended and renamed as follows: 13.30.010 – State Traffic [Regulations] Laws Adopted by Reference. [THERE IS INCORPORATED BY REFERENCE INTO THIS CODE, EXCEPT AS OTHERWISE PROVIDED BY THIS CHAPTER, TITLE 13 OF THE ALASKA ADMINISTRATIVE CODE AND AS 28.35.410 (NEGLIGENT DRIVING) TO THE EXTENT THAT SUCH PROVISIONS ARE IN EFFECT ON OR FOLLOWING THE DATE OF THE ORDINANCE CODIFIED IN THIS CHAPTER] The City of Kenai adopts by reference all vehicle and traffic statutes and regulations of the state of Alaska, creating minor offenses, as that term is defined in Minor Offense Rule 2 of the Alaska Rules of Court, as they presently exist and as they may be revised in the future, as part of the traffic code for the city. Section 4. Enacting Section 13.30.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.015 – State traffic regulations adopted, is hereby enacted as follows: 13.30.015 – State Traffic Bail Forfeiture Schedules Adopted by Reference. The City of Kenai adopts as its traffic fine schedule for state offenses the “Traffic Bail Forfeiture Schedule” and the “Oversize Vehicle Bail Forfeiture Schedule” in Administrative Rules 43.1 and 43.6 of the Alaska Rules of court and any other bail forfeiture schedules relating to vehicles adopted by the Alaska supreme Court. In addition, the City adopts all amendments of those schedules that become effective after the effective date of this ordinance. Citations for offenses listed on these schedules may be disposed of a provided in AS 12.25.195-.230, without a court appearance, upon payment of the amounts listed plus the state surcharge required by AS 12.55.039 and AS 29.25.074. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the amount listed for that offense on the schedule. Citations charging these offenses must meet the requirements of Minor Offense Rule 3 of the Alaska Rules of Court. If an offense is not listed on the fine schedule, the defendant must appear in court to answer to the charges. Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Page 31 of 165 Ordinance No. 3044-2018 Page 8 of 8 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 6. 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 17th day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: October 3, 2018 Enacted: October 17, 2018 Effective: November 16, 2018 Page 32 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: September 28, 2018 SUBJECT: Ordinance No. 3044-2018 ____________________________________________________________________________ The City prosecutes various minor offenses, some of which are defined in state law and incorporated into City code by reference, such as basic speeding violations, and others which are unique to the City, such as improper disposal of fish carcasses. While the Kenai Police Department cites people for both violations of City law and State law, the City only processes and prosecutes those state offenses incorporated into City code and unique City offenses. For State citations that are not incorporated into City code, Kenai police officers represent the State in court by themselves with any fine amount upheld going to the State. The City’s Legal Department and Police Department believe it is in the City’s best interest to adopt all of the State defined minor traffic offenses. While this will result in additional work to the Legal Department, it will allow the City to retain prosecutorial discretion, enable the City attorney to represent the Kenai Police Department in court on contested citations, and cause any fine amounts recovered to go to the City instead of the State. The City Attorney’s office believes any additional work load will be manageable. The additional State traffic offenses that would be incorporated into City code are provided in the table below with corresponding fine amounts. Those that say “mandatory” require the alleged violator to appear in court prior to a fine being paid. Those that include “correctable” are violations that can be dismissed upon the person cited showing that they have fixed the problem alleged within a given time period. This Ordinance also addresses several housekeeping issues brought to the City’s attention by the Alaska Court System administration. In recent years there have been changes to the State’s Minor Offense Laws and Court System procedures, some of which the City has already complied with and some of which still need to be addressed in this Ordinance. The changes in this Ordinance primarily involve more specific descriptions of various City violations, for example separately listing first and second violations in the City’s fine schedule and separately listing subparts of violations that carry different fine amounts. For example, where the City used to list littering in its fine schedule, there is now separately listed littering with fish carcasses and littering other refuse, which carry separate fine consequences. The City has also added offenses to the Page 33 of 165 Page 2 of 3 Ordinance 3044-2018 fine table that are described in City code but not in the fine table, such as burning pallets on the beach. The Legal Department has worked through its minor offense procedures and specifically this Ordinance with help and review from Helen Sharratt, Integrated Justice Coordinator for the Alaska Court System, and extends its gratitude for her efforts. Your consideration is appreciated. AS28.05.095(a) Failure To Wear Safety Belt (Age 16 And Older: Passenger Or Driver) $15.00 AS28.05.095(b) Fail To Properly Secure Child In Child Safety Device $50.00 AS28.05.095(b) Fail To Provide Child Safety Device-1st Offense (Correctable) $50.00 AS28.05.095(b) Fail To Provide Child Safety Device-2nd+ Offense $50.00 AS28.05.095(d) Illegal Removal Of Vehicle Seatbelt $15.00 AS28.10.171(b) Display Of Registration Plates - Securely Fastened Mandatory AS28.10.451 Fail To Register Vehicle $90.00 AS28.10.461 Fail To Carry Certificate Of Registration In Vehicle $40.00 AS28.10.461 Plates/Decals/Permits Must Be Properly Attached And Displayed $75.00 AS28.10.471 Operating Vehicle w/ Expired Registration $90.00 AS28.10.471 Operating Vehicle W/Suspended/Revoked Registration $300.00 AS28.15.011(b) Drive without Valid Operator's License Mandatory AS28.15.011(b) Driving With License Expired Less Than One Year $75.00 AS28.15.021(2) Drive With Out-Of-State License After 90 Days In State $75.00 AS28.15.021(6) Driving A Motor-Driven Cycle With Out-Of-State Drivers License After 90 Days $75.00 AS28.15.057(b) Operating A Vehicle In Violation Of A Provisional License $200.00 AS28.15.131 License to be Carried and Exhibited on Demand (Correctable) $50.00 AS28.15.281(a) Unlawful Use Of A Driver’s License $200.00 AS28.15.291(a)(2) Drive w/ License Cancelled/Suspended/Revoked Mandatory AS28.15.291(a)(3) Drive in Violation of License Limitation Mandatory AS28.22.019 Proof Of Insurance To Be Carried And Exhibited On Demand (Correctable) $500.00 AS28.35.029 Open Container Of Alcoholic Beverage In Motor Vehicle $200.00 AS28.35.031(e) Refusal To Submit To A Preliminary Breath Test $100.00 AS28.35.135(b) Failure to Notify Dept of Change of Name/Address $25.00 AS28.35.140(a) Obstruct Or Blocking Traffic $75.00 AS28.35.140(b) Turn Off Required When 5 Or More Vehicles Are Behind $100.00 AS28.35.145(e) Owner of Vehicle Which Illegally Passes a Stopped School Bus w/ Flashing Red Lights $75.00 AS28.35.155 Operating Vehicle w/Studded/Chained Tires When Prohibited (Correctable) $50.00 AS28.35.161(f)(1) Electronic Devices while Driving (No Injury) $500.00 AS28.35.180 Disobedience To Signal Of Officer Regulating Traffic $75.00 AS28.35.185(b)(2) Overtaking And Passing A Parked Emergency Vehicle - If No Personal Injury $150.00 AS28.35.235 Unauth Use of Parking for Persons w/ Disabilities while Displaying Plate/Pemit-1st Off $250.00 AS28.35.235 Unauth Use of Parking for Persons w/ Disabilities while Displaying Plate/Pemit-2nd+ Off $500.00 AS28.35.235 Unauthorized Use Of Parking Reserved For Persons With Disabilities - First Offense $250.00 AS28.35.235 Unauthorized Use Of Parking Reserved For Persons With Disabilities - Second And Subs $500.00 Page 34 of 165 Page 3 of 3 Ordinance 3044-2018 AS28.35.251 Contained Or Confined Loads $300.00 AS28.35.253 Anti-Spray Devices Required (Correctable) $60.00 AS28.35.261 Low Speed Vehicle On Highway With Limit Above 35 MPH $100.00 AS28.35.410 Negligent Driving CMV Mandatory AS28.35.410 Negligent Driving Not CMV Mandatory AS28.39.010 Operating An Unregistered Snowmobile $50.00 AS28.39.040(e) Failure To Display Snowmobile Numbered Registration Decal $50.00 AS28.39.040(f) Fail To Carry Snowmobile Cert Or Reg Or Provide Identity Info $50.00 Page 35 of 165 (This page was intentionally left blank) Page 36 of 165 _____________________________________________________________________________________ Sponsored by: City Clerk CITY OF KENAI RESOLUTION NO. 2018 - 54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE CHANGES TO FEES FOR CEMETERY GAZEBO MARKERS AND MEMORIAL PARK MARKERS. WHEREAS, in 2005, the City commissioned the construction of a gazebo in the cemetery which was finished in October 2005; and, WHEREAS, in 1986 the City commissioned the design and eventual construction of a memorial park which was named Leif Hanson Memorial Park on August 20, 1986; and, WHEREAS, the City provides for the purchase and installation of memorial markers on the gazebo and in Leif Hanson Memorial Park and such fees are included in the Comprehensive Schedule of Rates, Charges, and Fees; and, WHEREAS, on September 25, 2018 the vendor the City uses to have the memorial markers made notified us that the pricing structure has changed; and WHEREAS, it is appropriate to amend the Comprehensive Schedule of Rates, Charges, and Fees to reflect the changed pricing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Cemetery section of the City’s Comprehensive Schedule of Rates, Charges and Fees be amended as follows: CEMETERY FEES (All Cemetery Fees are Exempt from Sales Tax) APX - 1 Title 24 - Cemetery Regulations Section 2: c. Marker/Headstone Deposit (applies to Cemetery Plots and Columbarium Niches) $400.00 Cemetery Gazebo Marker Fees (includes first 30 letters, shipping @ $50.00, one proof @$30.00, extra letters @ $3.00 each.) $330.00 Actual Cost 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.) Page 37 of 165 Resolution No. 2018-54 Page 2 of 2 Shrub (includes transportation/planting, soil, edging, weed block, and a $165.00 one-year guarantee on planting.) Marker (includes first 30 letters, shipping @ $50.00, $330.00 Actual one proof @$30.00, extra letters @ $3.00 each.) Cost Memorial Park Rock (Actual cost for ground preparation, transportation, Actual placement, etc. and plaque borne by requestor.) Cost Logo or emblem Additional Fee Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 38 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 2, 2018 SUBJECT: Resolution No. 2018-54 – Memorial Marker Fees The purpose of this memo is to recommend passage of Resolution No. 2018-54, which amends the comprehensive schedule of rates, charges, and fees, to align with the revised pricing structure our vendor has provided us with. In the past, the fee had been calculated by letters, shipping, and proof. On September 25, we were notified that the new pricing structure is a flat $350 rate for the name, date, epitaph, stock art, proof, and shipping, and photos or non-stock art would be an additional cost. We have always tried to capture the actual cost in our fee schedule and as such, I am recommending the change to indicate that the fee will be the actual cost. Your support is appreciated. Page 39 of 165 (This page was intentionally left blank) Page 40 of 165 Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018 - 55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A MEMORANDUM OF AGREEMENT WITH THE KENAI PENINSULA BOROUGH TO BE INCLUDED IN THE FEDERAL EMERGENCY MANAGEMENT ASSISTANCE TO FIREFIGHTERS REGIONAL GRANT APPLICATION. WHEREAS, the purpose of the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant program (AFG) is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards; and, WHEREAS, the AFG grant requires all participants listed in a regional application to enter into a Memorandum of Agreement (MOA) that specifies the individual and mutual responsibilities, the level of involvement in the AFG project, the participants’ qualifying eligibility as well as the distribution of grant-funded assets upon award; and, WHEREAS, the municipality of Kenai, Central Emergency Service Area and Nikiski Fire Service area will enter into an MOA for the central peninsula regional application; and, WHEREAS, partnering with Borough service areas is intended to increase the opportunity for a successful grant application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the Memorandum of Agreement between the City of Kenai and Kenai Peninsula Borough on behalf of Central Emergency Service Area and Nikiski Fire Service Area is approved. Section 2. That this resolution takes effect immediately upon adoption. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17TH day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Page 41 of 165 (This page was intentionally left blank) Page 42 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: October 10, 2018 SUBJECT: Resolution No. 2018 – 55 Approving a Memorandum of Agreement to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application ____________________________________________________________________________ The Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant program (AFG) provides direct financial assistance to eligible fire departments for critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability and support community resilience. It is the intent of the City of Kenai to submit a regional grant in conjunction with the Nikiski Fire Department and Central Emergency Service. The application will be submitted for the purpose of supplementing the costs to replace self-contained breathing apparatus (SCBAs). AFG requires that regional applications include a Memorandum of Agreement (MOA) that cites the participants’ roles and responsibilities should grant funds be awarded. Council’s support of this resolution is respectfully requested. Page 43 of 165 (This page was intentionally left blank) Page 44 of 165 Memorandum of Agreement between the City of Kenai and the Kenai Peninsula Borough - Assistance to Firefighters Grant Page 1 of 4 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENAI ON BEHALF OF THE KENAI FIRE DEPARTMENT AND THE KENAI PENINSULA BOROUGH ON BEHALF OF THE CENTRAL EMERGENCY SERVICE AREA AND THE NIKISKI FIRE SERVICE AREA This Memorandum of Agreement (MOA) is by and between the City of Kenai, whose address is 210 Fidalgo Avenue, Kenai, AK 99611, hereinafter “City,” on behalf of the Kenai Fire Department, hereinafter “Host,” and the Kenai Peninsula Borough, whose address is 144 North Binkley Street, Soldotna, AK 99669, hereinafter “Borough,” on behalf of the Central Emergency Service Area and on behalf of the Nikiski Fire Service Area, hereinafter “Participants.” The purpose of this MOA is to specify the individual and mutual responsibilities of the Host and Participants as required under the U.S. Department of Homeland Security, Federal Emergency Management Agency, “Assistance to Firefighters Grant,” Catalogue of Federal Domestic Assistance CFDA#97.044. WHEREAS, the Kenai Fire Department is an entity of the City of Kenai, Federal tax identification EIN#92-6001599; and WHEREAS, the Central Emergency Service Area and the Nikiski Fire Service Area are entities of the Kenai Peninsula Borough, Federal tax identification EIN# 92-0030894; and WHEREAS, the Kenai Fire Department, Central Emergency Service Area and Nikiski Fire Service Area are eligible applicants as defined by the Federal Emergency Management Agency, “Assistance to Firefighters Grant” (AFG); and WHEREAS, the AFG program requires the Host and Participants to enter into an MOA in order to submit a regional grant application; and WHEREAS, the Host and Participants intend to request grant funds to supplement the costs for personal protective gear or equipment as described in the AFG regional application; and WHEREAS, the Host and Participants intend to meet the five percent cash match requirement as approved by respective governing bodies; and NOW THEREFORE, the City and the Borough agree to adhere to the AFG grant requirements as described below. A. The City assumes all responsibility for submitting the online, regional grant application and entering into an agreement with the U.S. Department of Homeland Security, Federal Emergency Management Agency, “Assistance to Firefighters Grant,” CFDA#97.044. B. The City assumes all responsibilities of grant management upon award, including but not limited to pre-award, post-award, close-out and retention requirements as governed by federal regulations 2 CFR 200. Page 45 of 165 Memorandum of Agreement between the City of Kenai and the Kenai Peninsula Borough - Assistance to Firefighters Grant Page 2 of 4 C. The City will order and distribute the total number of personal protective gear or equipment for the Host and Participants as approved by and reimbursed from AFG. D. The City will provide the five percent cash match for the Host and Participants’ personal protective gear or equipment as approved by AFG. E. The Borough will provide to the City the five percent cash match and total costs for the Participants’ personal protective gear or equipment as approved by AFG. F. The Borough will maintain the Participants’ personal protective gear or equipment and provide annual reports to the City as required under 2 CFR 200 Subpart D (§§ 200.310 - 200.316). G. This MOA becomes effective upon the last date of signing, and shall continue from year to year for the purpose of applying for AFG Regional Grant Applications until terminated in writing by either party. This MOA may be amended by signed written agreement of the parties. H. This MOA may be executed in counterparts, and may be executed by way of facsimile or electronic signature in compliance with AS 09.80, and if so, shall be considered an original. Page 46 of 165 Memorandum of Agreement between the City of Kenai and the Kenai Peninsula Borough - Assistance to Firefighters Grant Page 3 of 4 CITY OF KENAI CITY OF KENAI FIRE DEPARTMENT By:_________________________________ By:_________________________________ Paul Ostrander, City Manager Jeff Tucker, Fire Chief Approved as to Form and Legal Sufficiency: Scott Bloom, City Attorney ATTEST: _____________________________________ Jamie Heinz, City Clerk (Municipal Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ___ day of , 2018, by Paul Ostrander, City Manager, on behalf of the City of Kenai, an Alaska municipal corporation. ___________________________________ NOTARY PUBLIC for State of Alaska (Notary Seal) My Commission Expires: ____________ Page 47 of 165 Memorandum of Agreement between the City of Kenai and the Kenai Peninsula Borough - Assistance to Firefighters Grant Page 4 of 4 KENAI PENINSULA BOROUGH By:_________________________________ Charlie Pierce, Mayor CENTRAL EMERGENCY SERVICE AREA NIKISKI FIRE SERVICE AREA By:_________________________________ By:___________________________ Roy Browning, Fire Chief James Baisden, Fire Chief Approved as to Form and Legal Sufficiency: Sean Kelley, Assistant Borough Attorney ATTEST: _____________________________________ Johni Blankenship, Borough Clerk (Borough Seal) STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2018, by Charlie Pierce, Mayor, on behalf of the Kenai Peninsula Borough, an Alaska municipal corporation. ___________________________________ NOTARY PUBLIC for State of Alaska (Notary Seal) My Commission Expires: ____________ Page 48 of 165 _____________________________________________________________________________________ Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2018-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AN AMENDMENT AND THIRD EXTENSION FOR SIX MONTHS OF THE FACILITY MANAGEMENT AGREEMENT FOR THE KENAI VISITOR AND CULTURAL CENTER WHEREAS, on January 1, 2014 the City entered into an agreement with the Kenai Chamber of Commerce and Visitors Center, Inc., (KCCVCI) to manage the Visitor and Cultural Center; and, WHEREAS, the agreement has been extended twice until December 31, 2018; and, WHEREAS, a third extension is needed to allow the City and KCCVCI to complete ongoing joint projects and prepare a request for proposals; and, WHEREAS, an amendment to the agreement is required to allow for a third extension for a period of six months. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute an amendment and extension to the management Agreement for the Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitors Center, Inc., to extend the term of the agreement to June 30, 2019. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 49 of 165 (This page was intentionally left blank) Page 50 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Paul Ostrander, City Manager DATE: October 8, 2018 SUBJECT: Resolution No. 2018-56 Extension of Facility Management Agreement for the Kenai Visitor and Cultural Center The purpose of this memo is to recommend passage of Resolution 2018-56. The Resolution will authorize a six-month extension of the existing Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center (KCCVC), which is currently set to expire on December 31, 2018. Background The KCCVC has been the entity managing the Kenai Cultural and Visitor Center since 2012, when the Kenai Chamber of Commerce and the Kenai Convention and Visitors Bureau merged to form the KCCVC. Prior to 2012, the facility was managed by the Kenai Convention and Visitors Bureau (Bureau) beginning in 1992, following the City’s celebration of its 200th anniversary of the date of the landing of the first Russian fur traders and establishment of the first permanent trading post. Volunteers who planned and sponsored the event formed the Kenai Bicentennial Visitors & Convention Bureau, Inc., and applied for a U.S. Department of Commerce matching grant to construct the $1.6 million Kenai Bicentennial Visitors & Cultural Center, which was completed in 1992 to house the artifacts and historical data displayed during the celebration. The first Maintenance & Operation Agreement with the Bureau was for operation of the Visitor Center, including providing visitor services, operation of the City’s museum, and arrangements of displays, exhibits, and conferences in the Center. The City paid the Bureau $50,000 per fiscal year with an increase to $65,000 in 1998 and $70,000 in 2001; a decrease to $60,000 in 2003; an increase to $65,000 in 2004, $85,000 in 2009, and $125,000 in 2010. With the 2010 Agreement, the parties agreed to a new specific scope of services to include the visitor’s guide, website, trade show attendance, advertisements, general services, hours of operation, visitor and cultural displays, the City’s collection of historical artifacts, visitor contacts, annual budget requests, sales of merchandise, and other Bureau activities. Page 51 of 165 Page 2 of 2 Resolution No. 2018-56 Extension of Facility Management Agreement for the Kenai Visitor and Cultural Center Prior to the merger with the Bureau, the Chamber operated the Kenai Chamber Office out of the Moosemeat John cabin located on the same tract of land as the Kenai Visitor and Cultural Center under a no-cost Special Use Permit with the City. The Kenai Historical Society currently utilizes the cabin during the summer months under a separate agreement with the KCCVC. Current Status Administration is currently working with the KCCVC on an update for the 2019 Visitor Guide that will not be completed until after the expiration of the current management agreement. The administration recommends extension of the existing contract with the KCCVC for a term of six months, through June 30, 2019. This will allow the City to issue a request for proposals in early 2019 and enter a new management agreement that will follow the City’s fiscal year, finalize continuing work on the current Visitor Guide and, in the future, allow completion of the Guide to fit within the contract year. The possibility of an extension was discussed with the KCCVC board of directors at its meeting on September 18, 2018, and all of the board members in attendance indicated they preferred a six-month extension to a month-to-month contract so they would be able to make decisions as a board within the time frame. The expiration of the current Facility Management Agreement will be the first time the Agreement has been subject to the City’s Code for the procurement of professional services, which requires a public request for proposals. Sufficient funds were budgeted in the Fiscal year 2019 budget to cover this extension. Thank you for your consideration. cc: Kenai Chamber of Commerce and Visitor Center Page 52 of 165 Third Extension to Facility Management Agreement for the KCCVCI Page 1 of 2 THIRD EXTENSION AND AMENDMENT TO FACILITY MANAGEMENT AGREEMENT FOR THE KENAI VISITOR AND CULTURAL CENTER The City of Kenai (City), an Alaska Home Rule Municipal Corporation, whose address is 210 Fidalgo Avenue, Kenai, AK 99611-7794, and Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVCI), whose address is 402 Overland Street, Kenai, Alaska, 99611, hereby extend and amend the Facility Management Agreement for the Kenai Visitor and Cultural Center (Agreement), located at 11471 Kenai Spur Hwy, Kenai, Alaska, 99611 made as follows: 1. Section 2 of the Agreement, provides for 2 one year extensions. The Parties hereby agree to amend Section 2, to allow for a third 6 month extension as approved by Kenai City Council Resolution No. 2018-56, until June 30, 2019. This extension is intended to allow the parties to complete ongoing projects and prepare a Request for Proposal for a new contract. 2. Except as expressly modified or stated herein, all other terms and conditions of the Agreement remain in full force and effect. CITY OF KENAI KCCVCI By:___________________________ By:______________________________ Paul Ostrander Date Johna Beech Date City Manager President/COO ACKNOWLEDGMENTS STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of __________, 2018, 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 Page 53 of 165 Third Extension to Facility Management Agreement for the KCCVCI Page 2 of 2 My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of __________, 2018, by Johna Beech, Executive Director of Kenai Chamber of Commerce and Visitor’s Center, Inc., an Alaska non-profit organization, on behalf of the organization. Notary Public for Alaska My Commission Expires: ATTEST: Jamie Heinz City Clerk SEAL: Approved as to Form: Scott M. Bloom City Attorney Page 54 of 165 _____________________________________________________________________________________ Sponsored by: Mayor Gabriel CITY OF KENAI RESOLUTION NO. 2018-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, COMMENDING THE KENAI CENTRAL HIGH SCHOOL GIRLS AS THE ALASKA DIVISION II STATE CROSS COUNTRY CHAMPIONS FOR THE YEAR 2018. WHEREAS, the Girls Division II Alaska State Cross Country Championships were held at the Bartlett High School Trails in Anchorage on September 29, 2018; and WHEREAS, the Kenai Kardinals won their second state championship in four years; and WHEREAS, under the direction of Head Coach Maria Calvert and Assistant Coach Christine Bergholtz, the team won five of the seven meets they competed in – including a 4th straight regional title in a row; and WHEREAS, four girls were in the top 8 in Division II, led by regional and state champion Jaycie Calvert, freshman Logan Satathite in fifth place with a Personal Record (PR), Brooke Satathite in 6th place, and freshman Leah Fallon in 8th also with a PR; and WHEREAS, Summer Foster finished 16th to help the team for an overall state best - low score of 36 points. Nia Calvert was 30th with a PR, and freshman Shelbie Naylor ran a strong race to finish 42nd; and WHEREAS, this incredible group of girls also won the Academic Award with an overall GPA of 4.0, representing their school, families, and community with great class. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council commends the Kenai Central High School Girls Cross Country team for their performance in winning the Division II State Championship. Section 2. That a special Certificate of Achievement shall be presented to each member of the winning team. Section 3. That a copy of this resolution be given to Head Coach Maria Calvert. Section 4. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. Page 55 of 165 Resolution No. 2018-57 Page 2 of 2 BRIAN GABRIEL SR., MAYOR ATTEST: ______________________________________ Jamie Heinz, CMC, City Clerk Page 56 of 165 _____________________________________________________________________________________ Sponsored by: Council Members Molloy and Glendening Vice Mayor Navarre CITY OF KENAI RESOLUTION NO. 2018-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT GOVERNOR BILL WALKER DECLARE AN ECONOMIC DISASTER FOR THE UPPER COOK INLET FISHERIES REGION AND SUPPORTING A RECOVERY PLAN. WHEREAS, the City of Kenai recognizes and supports the positive economic and cultural impact of commercial fisheries in the Upper Cook Inlet Region; and, WHEREAS, the City supports the Upper Cook Inlet salmon fishery and City residents, families and businesses that participate in the salmon fishery along with other users of this fishery’s resource; and, WHEREAS, commercial fishing harvests in the Upper Cook Inlet were at historic lows in 2018, which threatens the livelihood of the individuals, families, and businesses participating in the fishery, and jeopardizes the continued viability of the industry in the Upper Cook Inlet Region; and, WHEREAS, a Governor’s State of Alaska disaster declaration creates a means for financial assistance for those involved in the fishery and could also provide assistance for science and resource management benefiting all users; and, WHEREAS, a declaration of disaster from the Kenai Peninsula Borough is an important step in obtaining financial relief; and, WHEREAS, the City also receives revenue from a share of fish taxes collected by the State of Alaska from fisheries businesses; and, WHEREAS, it is in the best interest of the City of Kenai to request that Governor Bill Walker declare an Economic Disaster in the Upper Cook Inlet Fisheries Region, and to support a recovery plan that directly assists fisheries participants and benefits all users of this important natural resource of salmon. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council of the City of Kenai requests that Governor Bill Walker declare an Economic Disaster in the Upper Cook Inlet Fisheries Region and that the State of Alaska implement a recovery plan that benefits commercial fisheries users and others that rely on this important fisheries resource. Section 2. That a copy of this Resolution be provided to Governor Walker, Senator Peter Micciche, Representative Gary Knopp, and Kenai Peninsula Borough Mayor Charlie Pierce. Page 57 of 165 Resolution No. 2018-58 Page 2 of 2 Section 3. That this Resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: Jamie Heinz, CMC, City Clerk Page 58 of 165 MEMORANDUM TO: Mayor Gabriel, Council Members, Administration FROM: Council Members Molloy, Glendening Vice Mayor Navarre DATE: October 10, 2018 SUBJECT: Resolution No. 2018-58, Requesting That Governor Bill Walker Declare An Economic Disaster For The Upper Cook Inlet Fisheries Region And Supporting A Recovery Plan. Preliminary data, and information from commercial fishers, indicate that the 2018 Upper Cook Inlet salmon harvest was at a historic low. This low salmon harvest threatens the livelihood of the individuals, families, and businesses participating in the fishery, and jeopardizes the continued viability of this industry in the Upper Cook Inlet Region. The City of Kenai has long recognized and supported the positive economic and cultural impact of commercial fisheries in the Upper Cook Inlet Region, and the individuals, families, and businesses participating in the fishery. Of many benefits to the City of Kenai from the salmon fisheries, one is the revenue that the City receives from a share of fish taxes collected by the State of Alaska from fisheries businesses. A Governor’s disaster declaration creates a means for financial assistance for those involved in the fishery and could also provide assistance for science and resource management benefiting all users. This resolution requests that Governor Walker declare an Economic Disaster in the Upper Cook Inlet Fisheries Region and that the State of Alaska implement a recovery plan that benefits commercial fisheries users and others that rely on this important fisheries natural resource of salmon. Council’s support of this resolution is respectfully requested. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.kenai.city Page 59 of 165 (This page was intentionally left blank) Page 60 of 165 40610 Kalifornsky Beach Road Kenai, Alaska 99611 Phone: 907-283-5761 Fax: 907-283-9433 info@ciaanet.org www.ciaanet.org Salmon enhancement today means better salmon fishing tomorrow. Charlie Pierce September 21, 2018 Office of the Borough Mayor Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Alaska 99669 Dear Mr. Pierce, I am writing to urge the Kenai Peninsula Borough to ask the State of Alaska to declare an economic disaster for Cook Inlet sockeye salmon fisheries for 2018. During the 2018 salmon season, the communities of Cook Inlet that rely on sockeye salmon harvesting faced unusual run timing on the Kenai River. For only the second time on record, over one-half of the Kenai River late-run sockeye salmon returned in August, causing confusion for fishery managers and resulting in significantly-less harvest opportunity for commercial fishermen. And the 2018 sockeye salmon harvest was less than 20% of the prior average harvests. The lower harvest has resulted in hardships for commercial fishing communities, families, individuals, and businesses. If the State of Alaska makes an economic disaster declaration, opportunities will be opened up for relief including the potential for legislative appropriation of assistance grants as well as possible assistance to salmon permit holders who participate in the Commercial Fishing Revolving Loan program and may be unable to meet the terms of their loans because of the low sockeye harvest. Cook Inlet Aquaculture Association is a non-profit corporation founded in 1976 to provide and protect the salmon resource in the Cook Inlet Watershed. We produce hatchery-born, ocean-raised salmon for the common property fishery. Maintaining and improving salmon habitat and natural salmon populations is also an important part of CIAA’s work. Our operations are supported in part by a 2% Salmon Enhancement Tax levied on salmon caught or sold within Area H (Cook Inlet region). Decreased harvest to the Area H fishermen means decreased funding for our mission of providing and protecting the salmon resource of the Cook Inlet region, which is why we urge you to support a sockeye salmon disaster declaration. Thank you for considering putting forth a statement to the State of Alaska requesting a 2018 sockeye salmon economic disaster declaration for Cook Inlet. Sincerely, Gary Fandrei Executive Director Cc: John Quick, Chief of Staff, Office of the Borough Mayor Page 61 of 165 Page 62 of 165 COPPER RIVER SEAFOODS Main Administrative Office 1118 E 5th Avenue ∙ Anchorage, AK 99501 Phone: (907) 522-7806 ∙ (888) 622-1197 ∙ Fax: (907) 274-0348 www.CopperRiverSeafoods.com ________________________________________________________________ ANCHORAGE PLANT 1400 E 1st Ave ∙ Anchorage, AK 99501 Phone: (907) 522-7806 ∙ Fax: (907) 222-0348 CORDOVA PLANT P.O. Box 158 / 300 Cannery Row ∙ Cordova, AK 99574 Phone: (907) 424-3721 ∙ Fax: (907) 424-7435 COPPER RIVER SALES 7195 Wagner Way, Suite 102 ∙ Gig Harbor, WA 98335 Phone: (253) 851-1164 ∙ Fax: (253) 851-1165 NAKNEK PLANT 0.5 Peninsula Hwy ∙ Naknek, AK 99633 Phone: (907) 522-7806 ∙ Fax: (907) 274-0348 KOTZEBUE PLANT PO Box 489 ∙ Kotzebue, AK 99752 Phone: (907) 522-7806 ∙ Fax: (907) 274-0348 October 2, 2018 Mayor Charlie Pierce 144 North Binkley Street Soldotna, AK 99669 Dear Mayor Pierce, As you are aware, the 2018 commercial fishing season in Cook Inlet was disastrous to say the least. As a large processor with expansion plans in Cook Inlet, this season was especially difficult. Being a large company with operations in almost every major fishery in the State, we will absorb this loss (as we do not have a choice) and continue with business. However, this is not the case for many of the folks who focus their fishing activities in Cook Inlet. It is for their sake and the sake of the future of this fishery that we write this letter in support of a disaster recovery effort on the part of the State of Alaska. The hardship of several poor fishing years in Cook Inlet and the complete failure of the 2018 season have many people in the industry wondering how they are going to get through the winter. We believe the State needs to take a very hard look at how it can assist in giving them the relief to ensure they can get to what will hopefully be a better year of fishing in 2019. We are dealing closely with the 2016 Prince William Sound Pink Salmon disaster declaration and recovery funds and I am afraid this type of relief will not work for Cook Inlet. It is taking way too long to get the funds to the people who were truly affected by that run failure. The people of Cook Inlet need assistance sooner than that. We hope we have your support in this matter and are happy to discuss this further at your request. Regards, Martin Weiser Corporate Development Officer Copper River Seafoods Page 63 of 165 Page 64 of 165 _____________________________________________________________________________________ Sponsored by: Vice Mayor Navarre and Council Member Pettey CITY OF KENAI RESOLUTION NO. 2018-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING BALLOT MEASURE 1, AN ACT PROVIDING FOR THE PROTECTION OF WILD SALMON AND FISH AND WILDLIFE HABITAT. WHEREAS, the City of Kenai is committed to protecting fish and wildlife habitat and recognizes that many of its residents are dependent on the annual return of salmon to the Kenai River and other nearby rivers; and, WHEREAS, the City of Kenai strongly encourages science based fisheries utilization and habitat protection efforts; and, WHEREAS, while Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat is intended to strengthen protection for salmon and other fish and wildlife habitat, it’s potential impact on projects affecting the City are unclear and disputed by proponents and opponents of the initiative; and, WHEREAS, it is unclear what impact Ballot Measure 1 would have on the City’s number one capital priority, the Kenai Bluff Stabilization Project, and other important infrastructure improvements including roads and a Liquefied Natural Gas pipeline with a terminus in Nikiski; and, WHEREAS, the City has spent decades and significant funds attempting to move the Kenai Bluff Stabilization Project to fruition; and, WHEREAS, increased permitting requirements could delay or otherwise impact important proposed capital projects within and affecting the City; and, WHEREAS, because rules and regulations required to implement the Act have not been developed or defined, the full and true impact to the City of Kenai cannot be determined at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council Opposes Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. Section 2. That this resolution takes effect immediately upon passage. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of October, 2018. BRIAN GABRIEL SR., MAYOR Page 65 of 165 Resolution No. 2018-59 Page 2 of 2 ATTEST: Jamie Heinz, CMC, City Clerk Page 66 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Vice Mayor Navarre and Council Member Pettey DATE: October 11, 2018 SUBJECT: Resolution No. 2018-59, Opposing Ballot Measure 1 ____________________________________________________________________________ While we value the vital importance of salmon and other fish and wildlife to the City of Kenai, Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat, raises too many uncertainties that could impact the City and its future development. While the impacts of the proposed measure could affect many capital projects, of greatest concern is the potential cost and delays that the measure could have on the City’s Bluff Stabilization project. This has been the City’s number one capital project for many years and the City is closer than ever to seeing its efforts in working with the federal government bring this project to reality. This project is already heavily regulated, and additional permitting requirements could cause further delay and increased cost. We recognize that the impacts of Ballot Measure 1 are debated by both sides of the issue, but without a regulatory scheme in place to implement the initiative as well as other uncertainties as to the actual impact of the Ballot Measure, we oppose it, and request the rest of Council support Opposing Ballot Measure 1. Page 67 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Scott Bloom, City Attorney DATE: October 11, 2018 SUBJECT: Resolution No. 2018-59 ____________________________________________________________________________ This memorandum takes no position on Resolution No. 2018-59, but is intended to inform Council of steps taken to date and additional steps needed as a result of placing Resolution 2018-59 on the Council’s agenda. Alaska Statute Chapter 13 - State Election Campaigns, governs municipal activities related to a municipality’s attempts to influence the outcome of an initiative on the state ballot. Two attached advisory opinions from the Alaska Public Office Commissions (APOC) clearly show that it is APOC’s position that a resolution supporting or opposing a ballot initiative is considered an attempt to influence the outcome of a ballot proposition. In order to conduct such activity, an entity such as the City of Kenai must first register with APOC. Our City Clerk has registered the City as provided in the attached form. Because the City has not taken any action on the ballot initiative to date (this would not occur until Council acts on the Resolution before it), the registration does not indicate any position on the Proposition by the City. This process was confirmed with Tom Lucas, campaign coordinator for APOC. Also, because passing a resolution is part of the City’s usual and customary performance, and that is the only action contemplated by the Resolution, the City does not need to specifically appropriate funds for the activity pursuant to 2 AAC 50.356 (also see attached advisory opinions.) However, the City does need to track use of its resources taken in regards to the Resolution, including employee time, computer usage, and cost of copies made. A report is required to be provided to APOC within 10 days of the action taken. This report will indicate whether the City Council’s position opposes the ballot measure (if the Resolution is passed) or is neutral (if the Resolution fails). Page 68 of 165 BEFORE THE ALASKA PUBLIC OFFICES COMMISSION IN RE REQUEST FOR ADVISORY OPINION BY SUE HULL ) ) ) ~~~~~~~~~~~-) AO No. 14-15-CD ORDER APPROVING ADVISORY OPINION This is an order approving a draft advisory opinion submitted for the Commission's consideration on October 21, 2014 . Sue Hull sought an advisory opinion from the Commission concerning whether the Fairbanks North Star Borough School Board may pass a resolution taking a position on a ballot proposition and publicize that position through its usual and customary means of announcing a resolution without an appropriation of funds for that specific purpose. The request was made to the Commission through an email dated September 15 , 2014 to the Commission staff. The request is incorporated by reference herein. The request for an advisory opinion was considered in accordance with AS 15 .13.374; 2 AAC 50 .826; and 2 AAC 50.840. The staff of the Commission, in accordance with AS 15.13.374(c), prepared a draft advisory opinion dated September 18 , 2014 for the Commission to consider at its next meeting. The staffs draft is incorporated by reference herein. It concluded that the proposed resolution may be considered, passed and distributed through the School Board's customary means and any costs associated to the passage and dissemination of the resolution must be disclosed on a report to APOC. The Commission, in accordance with AS 15 .13.374(d) Page 69 of 165 and 2 AAC 50.826(c), considered the draft advisory opinion at its meeting on October 21, 2014 . The Commission heard from staff. The requester did not appear at the meeting. The commission may only approve a draft advisory opinion if four commissioners affirmatively vote in favor of the draft advisory opinion . AS 15.13.374(d). The Commission by a vote of 4-0 1 approves issuance of the draft advisory opinion. This is a final Commission decision and may be appealed to the superior court under AS 44.62.560. Dated: October 24, 2014 BY ORDER OF THE ALASKA PUBLIC OFFICES COMMISSION 1 Commissioners Hickerson, King, Kirk and Sanders participated in this mann er. Page 70 of 165 ADVISORY OPINION REQUEST Number: Requested By: Prepared By: Date Issued Subject: AO 14-15-CD Sue Hull, Member of the Fairbanks North Star Borough School District School Board Thomas R. Lucas, Campaign Disclosure Coordinator, Groups September 18, 2014 May the Fairbanks North Star Borough School Board pass a resolution opposing Ballot Measure 2 when the funds have not been specifically appropriated for this purpose? Commission Decision: On October 21, 2014, the Alaska Public Offices Commission heard and approved this advisory opinion by a vote of 4 to 0. I. QUESTION PRESENTED May the Fairbanks North Star Borough School Board pass a resolution taking a position on a ballot proposition and publicize that position through its usual and customary means of announcing a resolution without an appropriation of funds for this specific purpose? JI. SHORT ANSWER Yes, the proposed resolution may be considered, passed and distributed through the School Board's usual and customary means of considering and announcing resolutions ; but, any costs associated with the presentation, discussion, passage and dissemination of the resolution, must be disclosed on a report to APOC. III. FACTS Initiative 13PSUM, known as the act "to tax and regulate the production, sale and use of marijuana," will be Ballot Measure 2 (BM2) in the November 2014 State General Election. 1 The Fairbanks North Star Borough School District School Board (School Board) will be presented with and asked to pass a proposed resolution that would oppose the passage of this initiative . The Advisory Opinion Request provides the following facts: 1. Ms. Hull has drafted a proposed resolution opposing Ballot Measure 2. 2 1 Exhibit 1: Initi ative Language 2 Exhibit 2: Proposed Resolution Approved AO 14-15-C D -Hull Page 71 of 165 2. It is Ms. Hull's intent to present the proposed resolution to the School Board and ask it to follow its normal resolution process. 3. The School Board approves resolutions on a fairly continuous basis on a variety of issues, ranging from honoring Black History Month to support for stationing the F-35's at Eielson AFB. 4. The School Board will not be asked to expend any funds promoting the resolution. IV. ANALYSIS Under AS 15.13.145, the state and its political subdivisions (including school districts and school boards), may only use money held by the entity to influence the outcome of a ballot proposition if the funds have been specifically appropriated for that purpose by a municipal ordinance or state law. 3 But, even if the entity does not have money specifically appropriated to influence a ballot proposition election , an officer or employee of the entity may use the entity's money to communicate about a ballot proposition if the communication is made in the usual and customary performance of the officer's or employee's duties.4 In AO 10-10-CD (Sitka School Board), the Commission agreed with Staffs conclusion that "it is within the usual and customary duties of a school board to discuss matters that are of direct concern to it and its constituents at its public meetings ."5 In this case, the proposed resolution, citing specific sources , argues, among other things, that commercializing marijuana leads to increased teen use of marijuana, that marijuana use is harmful to the adolescent brain and that teen marijuana use has been linked to lower academic performance. Based on these sources, the proposed resolution has the School District going on record as being in opposition to Ballot Measure 2. Staff concludes that a school board taking a position on something that it may perceive as harmful to the students in its school district would fall within the usual and customary duties of school board members and officers. 6 Thus, Staff concludes that the School Board's members may utilize money and resources of the School District to 3 AS 15 .13.145(a)&(b). 4 2 AAC 50.356(a). 5 Exhibit 3: AO 10-10-CD at page 5. 6 Morse v Frederick, 551 U .S 393; 127 S.Ct. 2618 (2007)("Bong Hits for Jesus") The U.S . Supreme Court has recognized that deterring drug use by schoolchildren is an "important-indeed, perhaps compelling" interest of the state or a school. Approved AO 14-15-CD -Hull Page 12 Page 72 of 165 discuss , pass and disseminate in its customary manner the proposed resolution, subject only to the reporting requirements of2 AAC 50.356(c).7 V. CONCLUSION The proposed resolution may be considered, passed and distributed through the School Board's usual and customary means of considering and announcing resolutions; but, any costs associated with the presentation, discussion, passage and dissemination of the resolution, must be disclosed on a report to APOC. VI. COMMISSION DECISION On October 21, 2014, the Alaska Public Offices Commission heard and approved this advisory opinion by a vote of 4 to 0. 7 All costs associated with the resolution must be reported, even if de minimus. Possible costs might include the use of school district resources such as copiers and other equipment, and the paid time of school district employees in addition to any other costs. Approved AO 14-15-CD -Hull Page 13 Page 73 of 165 ADVISORY OPINION DECI S ION Alaska Public Offices Commission Advisory Opinion: Commission Meeting Held: Commission Action: A0-10-10-CD-Request~d by: Sitka School Board June 14, 2010 The Commission approved the advice in this Advisory Opinion by a vote of _.:f_ -CJ . The advice in this opinion applies only to the specific activity for which the advice was requested. SO ORDERED THIS /qtToAv of June, 2010 . Eliza~ J. Hicker~n, Chair Alaska Public Offices Commission Page 74 of 165 STATE OF ALASKA Department of Administration Alaska Public Ot6ces Commission ADVISORY OPINION REQUEST Number: AO 10-10-CD SEAN PARNELL, GOVERNOR [gj 2221 EAST NORTHERN LIGHTS, RM 128 ANCHORAGE ALASKA 99508-4149 PHONE: (907) 276-4176 FAX : (907) 276-7018 0 P.O.BOX 110222 JUNEAU, ALASKA 99811-0222 PHONE: {907) 465-4864 FAX : (907) 465-4832 Requested By: Lon Garrison on behalf of the Sitka School Board Prepared By: Date Issued: Subject: Jason Brandeis, Associate Attorney June 4, 2010 May the Sitka School Board pass a re so lution opposing Ballot Measure 1 when funds have not been specifically appropriated for this purpose? QUESTIONS PRESENTED 1. May the Sitka School Board pass a resolution taking a position on a ballot proposition and publicize that position through its usual and customary means of announcing a resolution without an appropriation of funds for this specific purpose? 2. Does the passage and dissemination of a resolution taking a position on a ballot initiative involve an expenditure of public funds that requires reporting to APOC? SHORT ANSWERS 1. The resolution in question may be consi d ered, passed, and distributed through the Sitka School Board's usual and customary means of considering and announcing a resolution without a specific appropriation. 2. Expenditures relate.d to the passage and dissemination ofthe resolution at issue must be disclosed on a report to APOC. Page 75 of 165 Ala ska Pub lic Offices Commission AO 10-10-CD Page 2of18 Initiative ANC07, known as "The Alaska Anti-Co rru ption Act," will be Ballot Measure #1 ("BMl") in the August 2010 Primary Election . The Sitka Schoo l Board ("SSB") is interested in discussing and passing a resolution that w ould advocate against the passage of t his initiative. In e-mai l and phone correspondence wit h APOC staff, Mr. Lon Garrison , Sitka Schoo l Board Pres id ent, provided the following facts: 1. SSB currently has two draft proposed resolutions . One was drafted by the Association of Alaska School Boards ("AASB"), the other was prepared by the SSB President and reviewed by t he SSB 's attorney. Onl y one of the resolutions , or a variation thereof, woul d be adopted. The dra f t resolutions w ere provided to APOC and are attached as exhibits 1 and 2. 2. It is SSB's intent to follow its normal resolution process with respect to the proposed re sol ution: (1) The resolution is drafted by th e Board ; (2) The resolutio n drafted by the Board is reviewed by the board's attorney (who is retained by the Sitka School Dis trict o n behalf of the Board ); (3) The resolution w ill be proposed and debated at the next regular board meeti ng (J un e 8, 2010). 3. SSB publicly distributes adopted resolutions to other organ izations such as the City and Borough Assembly, the legislature or other organizations that are associated with the topic of th e resolution. 4. Additiona l distribution of an adopted resolution may occur by t he local media i n the co urse of it s normal reporting of SSB activities. 5. SSB does not a ntici pate th at cons id era tion or passage of a reso l ution related to BM 1 will require the ex pend iture of any additiona l district fund s or any time above and beyond its no rmal practices related to resolution s. 6. There has be e n no specific appropriation for the resolution made by any state la w or municipal ordinance. ANA LYSIS Under AS 15.13.145, the state and its political subdivision s (in cluding school districts and school boards) may only use money held by the en tity to influe nce the outcome of a b allot propos ition if the mo ney was specifically appropriated by a st at e or municipa l la w for that purpose . AS 15.13.145(a), (b). The re are several exception s to th is r u le. Fo r ins t a nce, in the absence of a specific appropriation, an officer or employee of a such an e ntity may u se money he ld by that e ntity t o commun icate about a ba ll ot pro posit ion if the co mmunication1 is made in the usual or customary performan ce of the officer's or e mployee's duties. 2 AAC 50.356(b). Ad ditio nally, suc h entities are pe r mitted to dissem in ate 1 "Communication" means an announcement or advertisement disseminated through pri nt or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass ma iling, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or i ndirectly identify a can didate or proposition, as that term is defined i n AS 15.13.065(c). AS 15.13.400(3 ). Page 76 of 165 Alaska Pub lic Offices Commission AO 10-10-CD Page 3of18 nonpartisan information about ballot propositions and information about the time and place of an election. AS 15.13.14S(c); see also AO 08-05-CD. In t he instant matter, we are asked to determine whether a communication planned by SSB is permitted by these la ws. SSB seeks to consider and pass a resolution opposed to BMl, and there has been no appropriation of funds to SSB under state or municipal la w for th is purpose. In order to answer this question we must first consider whether the resolution is intended to influence the outcome of an election concerning a ballot proposition or if it is nonpartisan. I n AO 08-07 -CD, the Commission considered whether an advertisement that inform ed the public that the Menta l Health Trust received significant funds from resource extraction on Trust property wou ld be perceived as influencing the outcome of the election on Ballot Measure 4, "An Act to Protect Alaska's Clean Water" (07WTR3). The Commission determined that the advertisement was not, by itse lf, influencing the outcome of an e lection based on the following factors: (1) the advertisement in question did not mention the ballot measure; (2) it did not appear to be specifically related to the ballot measure election; and (3) there was .no lan guage in the advertisement to suggest that the Mental Health Trust was taking a position on the ballot measure. Applying this criteria, the reso lution proposed by SSB is likely to be perceived as influencing the outcome of an ele ction on a ballot proposi tion. The resolution mentions a specific ballot measure and clear ly indicates the position SSB is taking on the ba ll ot meas ure. For example: • "This initiative, if passed, would disenfranchise tens of thousands of Alaskans from their own governme nt." • "P roposition 1 blocks our ability to be involved and undermines our civic responsibility." • "Propos ition 1 ... is misdirected and would shackle the hands of anybody who does busines s w ith government." o "Neither the officia l title that will appear on the August primary election ba llot, nor that us ed by the initiative's sponsors, hints at the far-reaching consequences of the measure." o "The Sitka School Board urges all voters to read this initiative carefully before heading to the polls in August and consider the grave consequences such a la w co uld have on our ability to govern and advocate at the local, state, and federa l level for our issues and needs." Ex. 1, Ex. 2. Ind eed, SSB's opposition to the ball ot measure is the very reason for the resolution. The SSB resolution appears intended to elicit the conclusion that voting "yes" on BM 1 will adversely affect the public inte rest and the interests of SSB. This resolution is similar to the advertisements con sidered in AO 08-05-CD, where the Commission found that other advertisements to be produced by the Mental Health Trust did not constitute nonparti sa n information2 becau se they encouraged voters to 2 Nonpartisan information does not advocate a position in an election. It includes the official language of a ballot question, or a neutral ballot summa ry . 2 AAC 50.356(c). Page 77 of 165 Alaska Public Offices Commission AO 10-10-CD Page 4of18 consider the unintended consequence·s of voting "yes" on an initiativ e.3' 4 We therefore find that the resolution proposed by SSB is not limited to nonpartisan information. The resolution is intended to influence the outcome of an election concerning a ballot proposition. Thus, it is perm iss ible o nly if (1) SSB did not spend money held by it on the resolution , or (2) SSB did spend its money, but the communication was made by an SSB employee or officer in the usual or customary performance of the officer's or employee's duties. AS 15.13.145(b); 2 AAC 50.356 (b). The limitation in AS 15.13.145 is on "money held by" an entity and used to influence the outcome of a ballot proposition election. The Commission ha s previously considered what is meant by the term "money held," and rejected the argument that it should be narrowly construed to mean "money" as it is defined in 2 AAC 50.450 (as "curren cy ... , checks, money orders , or negotiable instruments pa yable on demand ."). Hancock v. Marquardt, Ca se No . 07-02 CD at 3. Rather, the meaning of "money held by" is similar to that of "expenditure," which includes "a transfer of money or anything of value, ... for the purpose of (iv) influencing the outcome of a ballot proposition or question." Kraft v. State of Alaska, Dep 't of Natural Resources , Case No. 08-14-CD at 2-3 ; AS 15.13.400(6). Additionally, even de minimus, hard-to -quantify expenditures can be considered use of money held by a pu bl ic entity to i nflue nce a campaign. See Hancock v. Marquardt, 07-02 CD . Based on the facts provi ded by SSB, we conclude that money held by SSB will be us ed to pass and disseminate the proposed resolution. Copies of the re solution will be included w ith the mate ria ls pre pared for the meeting. If the resolution pa sses, it will then be distributed and publicized , as all SSB resolutions are . The proposed resolution w ill also be rev i ewed by the SSB attorney, w ho reviews all proposed SSB reso lutions. Thes e are the standard procedures that SSB employs for all resolutions a nd are in the usual and customary performance of an SSB officer's or employee's du t ie s (i.e., publicizing everything the school board does).5 3 The draft print advertisement at issue in AO 08 -05-C D included the l anguage "[t)hat's why the Tru stees of the Alaska Mental Health Trust are concerned Ballot Measure 4-Cl ea n Water Act will so restr ict mining i n Alaska tha t our ability to cont inue generati ng revenue for beneficiary programs will be im pacted." The proposed TV spots included phrases su ch as "that's why w e're concerned about Measur e 4's impact on our beneficiaries" and "that's why we're concerned Ballot Measure 4 will impact our ability t o ra ise revenue for Trust beneficiaries." The materials provided with that advisory opinion request also included re ferences t o "un intended consequences", namely a reduction of assets used to fund mental health programs if mining ope r ations were restricted on Mental Health Trust lan ds . 4 In AO 08 -05-CD, the Commission did not address whether running print and televisi on advertisements were within the usual and cus tomary performance of the duties of the Mental Health Trust. The Commission's decis ion rested on the fact that the com municati on at issue did not contain nonpartisan information. 5 This opinion is fa ct-s pecific. The Commission takes no position on whet her SSB w ould be permitted t o engage in any other type of communication related to BMl other than a resolution cons i dered and passed w ithin its customary mea ns. Page 78 of 165 Alaska Public Offices Commission AO 10-10-CD Page 5 of 18 But consideration of the resolution also involves actions that do not necessarily involve money held by SSB. One of the proposed resolutions was drafted by SSB President Lon Garrison , an elected unpaid member of the school board. The other draft resolution was prepared by the Association of Alaska Schoo l Boards ("AASB") without input from SSB .6 School Board members will discu ss the resolutions at their next meeting. As we were in Kraft v. DNR, the Commission is concerned with the free speech implications of a ruling that would attempt to limit what public officials could say. Kraft v. DNR, Amended Decision and Order, Case No. 08-14-CD (Aug . 11, 2009) at 3. In Kraft we were "mindful of the principle of law that, if pos sible, a statute should be interpreted in a way that will avo id the danger of unconstitutionality," and that "[i]nterpreting AS 15 .13 .145 as prohibiting the Governor from expressing her opinion on a ballot measure risks running afoul of the constitutiona l right of free speech." Id at 4-5. According ly, we found that the Governor's press conference comment on how she would vote on a ballot measure did not vio late AS 15.13.145.7 Id. Similar ly, in AO 99-03-CD we determined that a pub l ic official's statement regarding a ballot proposition does not run afoul of AS 15 .13 .145 if it was .made as part of the official's usual and customary duties: In the case of a public official corresponding with his or her constituents about a ballot proposition, it is difficult to distinguish between an official's intent to influence a public vote and his or her duty to protect the public interest ... If the act ion is part of an official's usual and custo mary duties, like responding to const ituent inquiries or answering questions at a press conference, the presumption is that the action is primarily inten ded to sat isfy the officials' duti es to the public and not to influence the outcome of the election. As a res ult, the action is not cove r ed by the campa ign disclosure law. AO 99-03-CD; Kraft v. DNR at 4. Ba sed on these opinions, we believe it is within the usua l and customary duties of a school board to discu ss matters tha t are of direct concern to it and its constituents at its public meetings. It would implicate the free speec h rights of the Board an d its members to find otherwise. SSB may therefore discuss its opposition to BMl at its meetings. 6 In AO 10-06-CD, the Commission ruled that AASB was not restricte d from distributing r esolutions adopted by individual school boards to the AASB membersh ip and its regular customary print and electronic mailing lists . The Commiss ion was not asked to determine whether individual school boards could then pass theses resolution s, such as the one at issue here. The Commiss ion's opinion was limited to the questions presented. 7 The complaint in Kraft also involved an allegation that the State Department of Natural Resources ("DNR") website violated AS 15.13.145 because it did not contain a neutral exp lanation of the ballot initiative. This issue was resolved independently of the issue related to the Governor's speech. Kraft v. DNR, Case No. 08-14-CD, at 1. The Commission ordered changes to the DNR webs ite because it found that the state had specifically appropriated money to educate the public about Ballot Measure 4 and the DNR website should "provide a fair representation in order to educate the public." Kraft v. DNR, Oral Order of August 22, 2008; see also Kraft v. DNR, Oral Order of August 21, 2008. The Commission did not discuss whether 2 AAC 50.356(b) applied to DNR's website. In the ins t ant matter, there was no appropriation of funds for SSB to provide public education on BMl. Page 79 of 165 Alaska Publ ic Offices Commissi on AO 10-10-CD Page 6of18 However, unlike the situations reviewed by the Commission in AO 99-03-CD and Kraft, SSB 's planned communication involves not just a discussion but also a de minimus expenditure and is intended to influence the outcome of an election. We must therefore still decide whether SSB can take action beyond discussing or considering the proposed resolution . Concern for free speech can make it "difficult to distinguish between an official's intent to influence a public vote and his or he r duty to protect the public interest." AO 99-03-CD . Here , the line between them is blurred. SSB intends to influence a public vote in order to protect the interest of SSB, a public entity. This is a unique situation that is driven by the substance of BM 1. Acco r ding to the official summary of BMl, "This bill would ban the use of public funds for political campaigns and lobbying by state and local government agencies, and school districts. Public funds could not be used to support or oppose ballot measures, lobby to pass a law, or ask for public funding."8 BMl seeks to prevent the very activity at issue in this advisory opinion request, namely the ability of a schoo l district to oppose a ballot measure. There is no doubt that BMl directly affects SSB. SSB is responsible for the control and direction of education in the Sitka School District. It is SSB's responsibility to advocate for the best interests of the school board and its students. 9 Due to the 8 The full text of the official su mmary of the ballot measure is as follows: Ballot Measure #1, 07 ANCO -Initi ative Prohibiting the Us e of Public Funds to Lobby or Cam paign: and Prohibiting Hold ers of Government Contracts an d Fam ily Members from Making Pol itical Contributions. Th is bill would ba n the use of public funds for political campaigns and lobbying by state an d local government agencies, and school districts. Public funds could not be used t o support or oppose ballot meas ures, lobby to pass a law, or ask for public fund ing. Any entity that lobbies or campaigns would be barred from receiving p ublic funds. It would ban p o litical co ntrib utio ns by government co ntra ct holders and members of their families. It would ban legislators and their staff from being employed by government contract holders for two ye ars after leaving state service. Th e bill has criminal and civil penalties. Should this ini tiative become law? Ava ilable at http://www.elections .a laska.gov/ei_primary _bm .php . 9 Sitka School Boa rd Policy 90 00 a establishes the role of the Bo ard and its members. The policy states, in re le vant pa rt: The Bo ard is responsible for the general control and direction of education in the district and is preempted by law . Th is broad authority sha ll be exercised in accordance with the State and Federa l Constitutions, laws and reg ula tio ns . The Board is responsible for the general control and d ir ection of educa tion in the district and is empo w ered to carry on and fin ance any program o r activity tha t is not i n conflict with, in co nsis tent with , o r preempted by law. This broad authority shall be exercised in acco r dance with the State an d Federal Constitutions, la ws and reg ul ations. Board Policy 9000a is av ailab l e at: http://www.ssd .k l2.ak.us/Bo ardPo licy/S itka9 000 .h tm l Page 80 of 165 Alaska Public Offices Commission AO 10-10-CD Page 7of18 substance of BMl, SSB reasonably believes that if passed , the measure will interfere w ith its ability to perform those duties. Opposing BMl is therefore within the usual and customary performance of the duties of SSB, its officers, and its employees . SSB may communicate about this ballot proposition by way of passing a resolution as part of its usual and customary duties consistent with 2 AAC 50.356{b). CONCLUSION Consideration and passage of the proposed resolution will involve activity that involves a de minim us expenditure, does not stray from the standard procedures SSB employs to consider, pass, and distribute resolutions, ahd is within the usual and customary performance of the of the duties of SSB, its officers, and employees. Accordingly, SSB is permitted to consider, pass, and distribute a resolution opposed to BMl under 2 AAC 50 .356(b) according to its customary procedures . Any expenditures related to this proces s must be disclosed on a report of contributions or independent expenditures to APOC under AS 15.13 .040{d) and (e). 2 AAC 50 .356(d). COMMISSION DECISION Only the Commission has the authority to approve an advisory opin ion. 2 AAC 50 .905. The Commission will rule on staff's proposed advice at its next regular meeting. The Commission may approve, disapprove, or modify the proposed advice . An advisory opinion must be approved by an affirmative vote of at least four members or it will be considered disapproved. Both staff's proposed adv ice and the Commission 's final advisory opinion apply only to the specific facts and activity for which advice was requested . If you rely on staff's proposed advisory opinion in good faith and the Commission subsequently rejects the proposed advice, staff will take no enforcement action on your activities up to that point if you acted under the specific facts described . If you have any additional questions or would like to discuss this proposed advice, please contact APOC staff at {907) 276-4176. Page 81 of 165 Alaska Public Offices Commission AO 10-10-CD APPLICABLE LAWS AND REGULATIONS Page 8of18 Sec . 15.13.040. Contributions, expenditures, and supplying of services to b~ reported. (a) [See delayed amendment note]. Exc ept as provided in (g) and (I) of this section , each candidate shall make a full report, upon a form prescribed by the commission, (1) listing (A) the date and amount of a ll expenditures made by the candidate; (B) the total amount of all contributions, including all funds contributed by the candidate; (C) the name , address, date, and amount contributed by each contributor; and (D) for contributions in excess of $50 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and (2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer. (b) Each group shall make a full report upon a form prescribed by the commission, listing (1) the name and address of each officer and director; (2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, "contributor" means the true source of the funds , property, or services being contributed; and (3) the date and amount of all contributions made by it and all expenditures made, i nc u rred, or authorized by it. (c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group's treasurer. (d) Every individua l, person, nongroup entity, or group mak ing an expenditure shall make a full report of expenditures, upon a form prescribed by the commission , unless exempt from reportin g. (e) The report required under (d) of this section must contain the name, address , principal occupation, and employer of the individual filing the report, and an itemi zed list of expenditures. The report sha ll be filed with the commission no later than 10 days after the ex penditure is made. (f) During each year in which an election occurs, all businesses , persons, or groups that furnish any of the follow ing services , facilities, or supplies to a candidate or group sha ll maintain a record of each transaction : new spapers , radio , telev ision, adve rtising , advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation Page 82 of 165 Alaska Public Offices Commission AO 10-10-CD Page 9 of 18 o r management, media production or preparation, or computer services. Records of provision of services, facilities , or supplies sha ll be available for inspection by the commission. (g) The provisions of (a) and (I) of this section do not apply to a delegate to a constitutional convention , a jud ge seeking judicial retention, or a candidate for election to a municipal office under AS 15.13.010. if that delegate, judge, or candidate (1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seek in g election to office, including both the primary and general elections; (2) accepts contributions tota lin g not more than $5,000 in seeking election to office, including both the primary and gene r al e le ctions; and (3) makes expenditures totaling not more than $5,000 in seeking e lection to office, including both the primary and general elections. (h) The provisions of (d) of this section do not apply to one or more expenditu res made by an individual acting independently of any group or nongroup entity and independently of any other individua l if the expenditures (1) cumulative ly do not exceed $500 during a calendar year; and (2) are made on ly for billboards, signs, or printed material concerning a ballot proposition as that term is defined by AS 15.13.065(c). (i) The permission of the owner of real or personal property to post political signs, in cluding bumper stickers, or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter un less the owner customarily charges a fee o r receives payment for that activity. The fact that the owner customari ly charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political sig ns . ·(j) Except as provided in (I) of this section, each nongroup entity shall make a full report in accordance with AS 15.13 .11 0 upon a form prescribed by the commission and certified by the nongroup entity's treasurer, listing (1) the name and address of each officer and director of the nongroup entity; (2) the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an e lection; (3) for all contributions described in (2) of this subsection, the name, address, date, and amount contributed by each contributor and, for all contributions described in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and Page 83 of 165 Alaska Public Offices Commission AO 10-10-CD Page 10 of 18 (4) the date and amount of all contributions made by the nongroup entity, and, except as provided for certain independent expenditures in AS 15.13.135 (a), all expenditures made, incurred, or authorized by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500. (k) Every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of influencing the outcome of a proposition shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made. The report must include the name , address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that group by that individual, person, nongroup entity, or group during the calendar year. (I) Notwithstanding (a), (b), and (j) of this section, for any fund-raising activity in which contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or nongroup entity shall report contributions and expend itures and supplying of services under this subsect ion as follows: (1) a report under this subsection must (A) describe the fund-raising activity; (B) include the number of persons making contributions and the total proceeds from the activity; (C) report al l contributions made for the fund-raising act ivity that do not exceed $50 a person in amou nt or va lu e; if a contribution for the fund-raising activity exceeds $50, the contribution shall be reported under (a), (b), and (j) of this section; (2) for purposes of this subsection, (A) "contribution " means a cash donation, a purchase such as the purchase of a ticket, the purchase of goods or services offered for sale at a fund-raising activity, or a donation of goods or services for the fund-raising activity; (B) "fund-raising activity" means an activity, event, or sale of goods undertaken by a candidate , group, or nongroup entity in which contributions are $50 a person or les s in amount or value. (m) [See delayed amendment note]. Information required under this chapter shall be submitted to the commission electronically, except that the following information may be subm itted in clear and legible black typeface or hand-printed in dark ink on paper in a format app roved by the commission or on forms provided by the commission: Page 84 of 165 Alaska Public Offices Commission AO 10-10-CD (1) info rmatio n submitted by Page 11of18 (A) a candidate for election to a boroug h or city office of mayor, membership on a boroug h assemb ly, city council, or schoo l board, or any state office, w ho meet s the requirements of (g)(l) -(3) of this sect ion; or (B) a candidate for municipal office for a municipa lity with a population of less than 15,000; in this subparag raph, "mun icipal office" means the office of an elected borou gh or city (i) mayor; or (ii) assemb ly, council, or sc hool board m ember; (2) any information if the commission determ in es that circumstances warra nt an exception to the electronic submiss ion requi rement. (n) The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on· the vertical axis of the page . (o) Information required by this chapter that is submitted to the commission on paper and not electronica ll y sha ll be e lectron i cally scanned and published on the Internet by the commission, in a format access ibl e to the gener a l public, withi n two wor king days after the co mmission receives the i nformation. (p) For purposes of (b) and (j) of this section, "contributor" means the true source of the funds, property, or services being contributed (§ 1 ch 76 SLA 1974; am § 13 ch 189 SLA 1975; am § 33 ch 50 SLA 1989; am § 4 ch 126 SLA 1994; am §§ 5-7 ch 48 SLA 1996; am§§ 6, 7 ch 6 SLA 1998; am § 1 ch 74 SLA 1998; am§§ 3-6 ch 1SLA2002; am§§ 1-4 ch 1TSSLA2002; am§§ 2-7 ch 108 SLA 2003; am§ 9 ch 99 SLA 2004; am §§ 1, 2 ch 155 SLA 2004; am§ 3,2006 Primary Election Ballot Measure No. 1; am §§ 6 - 9 ch 47 SLA 2007; am§ 1 ch 95 SLA 2008) Delayed amendment of subsection (a). -Until January l, 2009, subsect ion (a) of this sectio n read s as fol lows: "(a) Excep t as provided in (g) and (I) of this section, each can didate shall make a full report, upon a form prescribed by the commission, "(1) listi ng "(A) the date and amount of all expend itures made by the candidate; "(B) the total amount of all contributions, in clud in g all funds contrib uted by the candidate; ''(C) the name, address, date and amount contributed by each contributor; and "(D) for contributions in excess of $250 in the aggregate during a calendar year, the principal occupation and emp loyer of the contributor; and "(2) filed in accordance w ith AS 15.13.110 and certified correct by the candidate or campaign treasurer." Delayed amendment of subsection (m). -Until January l, 2009, (m) of this section reads as follows: "(m) Information required under this chapter shall be subm itted to the commission electronically, except that the following information may be submitted in Page 85 of 165 Alaska Public Offices Commission AO 10-10-CD Page 12 of 18 clear and legible black typeface or hand -printed in dark ink on paper in a format approved by the commission or on forms provided by the commission: "(1) information submitted by a candidate for municipal office; in this paragraph, "municipal office" means the office of an elected borough or city "(A) mayor; or "(EU assembly, council, or school board member; "(2) any information if the commission determines th.at circumstances warrant an exception to the electronic submission requirement; "(3) informati on submitted by a candidate for election to state office other than the legislature who meets the requirements of (g)(l) -(3) of this section; ."(4) information submitted before January 1, 2009, by a candidate for the legislature." Revisor's notes. -Subsection (n) was enacted as subsection (o). Re lettered in 2004, at which time former subsection (n) was relettered as subsection (o). Subsection (o) was enacted as (p) and relettered in 2007, at which time former subsection (o) was relettered as (p). Effect of amendments . -The 1996 amendment, effective January 1, 1997, in subsection (a), added the exception at the beginning of the first senten~e and made a related stylistic change; in subsection (d), in paragraph (2), added "unless exempted from reporting by (h) of this section," and inserted " or other periodicals " and made minor stylistic changes and added subsections (g) and (h). The first 1998 amendment, effective June 28, 1998, rewrote paragraph (d)(l) and the second and third sentences in subsection (f). The second 1998 amendment, effective June 4, 1998, added subsection (i). The first 2002 amendment, effective April 16, 2002 , in subsection (b) added the language beginning "for purposes of this paragraph" to the end of paragraph (2); in the introductory language of subsections (d) and (h) ins erted references to nongroup entities; added subsection (j); and made a minor stylistic change. The second 2002 amendment, effective June 26, 2002, rewrote subsection (d); in subsection (e) d e leted "by the contributor" following "commission" and "contribution or" preceding "expenditure" in the second sentence a nd deleted the former third sentence, which read "A copy of the report shall be f urnished to the candidate , campaign treasurer, or deputy campaign treasurer at the time the contribution is mad e"; update d an inte rn al reference in subsection (h); and added subsect ion (k). The 2003 amendment, effect ive September 14, 2003, rewrote sub sections (a) and (b); in subsection (g) in serted "and (/)" in the introductory la nguage and substituted "$5,000" for "2,500" in three places; in paragraph (h)(l) substituted "$500" for "250 "; in subsection (j) added "Except as provided in (/) of this section," at the begi nn ing, added t he paragraph (3) and (4) designations, and rewrote paragraph (3); and added subsections(/), (m), and (o) [formerly (n), now (p)]. The first 2004 ame ndm ent, effective June 26, 2004, deleted "and principal occupation of the contributor and the" following address in paragraph (j)(3), and inserted "principal occupation and" in that paragraph. The second 2004 amendment, effective October l , 2004, rewrote subsection (m), and added subsection (o) [now (n)). The 2006 amendment, effective December 17, 2006, rewrote subsection (b). The 2007 amendment, effective Jul y 10, 2007, substituted "to a delegate to a constitutional convention, a judge seeking judicial retention, or a cand idate for election to a municipal office under As 15.13.010, if that delegate, j udge, or" for "if a" in the Page 86 of 165 Alaska Public Offices Commission AO 10-10-CD Page 13 of 18 introductory langua ge of subsect ion (g), repea led and reenacted subsection (m), and added subsection {p) [now(o )]. The 2008 amendment, effecti ve January 1, 2009, substituted "$50 " for $250" in subp ara graph {a)(l)(D). Editor's notes. -From April 16, 2002, through June 25, 2002, t he reference in subsection (h) to "(d) of this se ction " re ad s "to (d)(2) of this section" and su bsec tion (d) r ea ds as follows: "{d) Every individual, person, nongroup entity, or group mak ing a contribution or ex penditure shall make a full report, upon a form presc ribed by the commission, of "(1) cont r ibution s made to a candidate or group and expen ditures made on behalf of a candidate or group "{A) as soon as the tota l contributions an d expenditures to th at candidate or group reaches $500 in a year; and "(B) for all subseque nt contributions and expenditures to that cand idate or group that have not be en reported unde r this paragraph reaches $5 00; "(2) unless exem pted from reporting by (h) of this section, any expenditure whatsoever for advertising in newspaper s or other periodicals, on radio, or on television; or for publication, distribution, or circulation of brochures, flyers, or other camp aign material for any candidate or ballot propos it io n or question." NOTES TO DECISIONS Constitutionality. -In the case of First Nat'I Bank v. Bell otti, 435 U.S. 765, 98 S. Ct. 1407, 55 L. Ed . 2d 707, re he aring denied, 438 U.S. 907 , 98 S. Ct. 3126, 57 L. Ed . 2d 1150 (1978), t h e sup reme court of the United St ates has indicated in u nm istakable terms that state disclosu re l aws pertaining to ballot issues are con stitutional. Messerli v. State, 626 P.2d 81(Alaska1980). When there is no showing that an i ndi vidual must rem ain ano nymous w ith respect to advertising as to ballot propositions because of the po ss ibility of being subject to reprisa ls, eco nomic or otherwise, the st ate campai gn disclos ure laws are not un co nst itut ion a l as a ppli ed to a co ntributor hopin g to influence the outcome of a ballot iss ue, beca use t he objective of an informed e lectorate is sufficiently co mpelling t o overcome an inte r est in anonymous po li tical express ion . M esse rli v. State, 626 P.2d 81 (Alaska 1980). Th e disclosure re quirements of t his chapte r are not unconsti t utiona lly vague or ove rbro ad, nor do they violate the const itutio nal r ig ht of the people to privacy. VECO l nt'I, In c. v. Alas ka Pub . Offices Comm'n, 753 P.2d 703 (Alaska 1988), appea l dism issed, 488 U .S. 919, 109 S. Ct. 298, 102 L. Ed . 2d 317 (1988). Reporting provisions of t his section and AS 15.13.074(i), 15.13.082(b), 15.13.110, and 15.13.13S(a) survive strict scrutiny because t he state's inte res t in regu lating campaign contr ibutions and expe nditures is significant and the requirements are not particu larly onerous. Alaska Right to Life Comm. v. Miles, 44 1 F.3'd 773 (9 1h Cir. 200 6). Cited in Libertarian Party of Alaska, Inc . v. State, 101P .3 'd 616 {Alaska 2004). Sec . 15.13.065 . Contributi ons. (a) Individu als, groups, no ngroup entities, a nd po li tica l parties may make contributions to a candid ate. An i nd iv idu al, group, or nongroup e ntity m ay make a co ntribution to a group, to a nongroup entity, or to a political party. Page 87 of 165 Alaska Public Offices Commission AO 10-10 -CO Page 14 of 18 (b) A political party may contribute to a subordinate unit of the politica·1 party, and a subordinate unit of a political party may contribute to the political party of wh ich it is a su bordinate unit (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of AS 15.13.050, 15.13.060, and 15.13.112 -15.13.114, the provisions of AS 15.13.010 -15.13.116 do not apply to limit the authority of a person to make contributions to influence the outcome of a ballot proposition . In this subsection, in addition to its meaning in AS 15.60.010, "propos ition" includes an issue placed on a ballot to determine w hether (1) a constitutional convention shall be called; (2) a debt shall be contracted; (3) an advisory question shall be approved or rejected; or (4) a municipality shall be incorporated. (§ 9 ch 48 SLA 1996; am § 7 ch 1 SLA 2002) Effect of amendments. -The 2002 amendment, effective April 16, 2002, inserted references to nongroup entities in three places in subsection (a) and made minor stylistic changes. Sec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b) and (c) of this section , each of the following may not use money held by the entity to influence; the outcome of the election of a candidate to a state or municipal office: (1) the state, its agencies, and its corporations; (2) the University of Alaska and its Board of Regents; (3) municipalities, schoo l districts, and regional educational attendance areas, or anothe r political subd ivis ion of the state; and (4) an officer or employee of an e ntity identified in (1) -(3) of this subsection. (b) Money held by an entity identified in (a)(l) -(3) of this section may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance. (c) Money held by an entity identified in (a)(l) -(3) of this section may be used (1) to disseminate infor mation about the time and place of an election and to hold an election; (2 ) to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office . Page 88 of 165 Alaska Public Offices Commission AO 10-10-CD Page 15 of 18 (d) When expenditure of money is authorized by (b) or (c) of this section and is used to i nfluence the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040 .(§ 24 ch 48 SLA 1996) Sec. 15.13.150. Election educational activities not prohibited. Thi s chapter does not prohibit a person from engaging in educational e lection-re lated communications and activities, including (1) the publication ofthe date and location of an election; (2) the education of students about voting and elections; (3) the sponsorship of open candidate debate forums; (4) participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party, or political position; Sec. 15.13.3 74. Advisory opinion. (a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 -24 .60.260, or AS 39 .50. (b) A request for an advisory opinion (1) must be in writing or contained in a message submitted by electronic mail ; (2) must describe a specific transaction or activity that the req uesting person is presently engaged in or intends to undertake i n the future; (3) must include a descr iption of a ll relevant facts, including the identity of the person requesting the advisory opinion; and (4) may not concern a hypothetical situation or the activity of a third party . (c) Within seven days after receiving a request satisfying t h e requirements of (b) of this section, the exec utive director of the commission shall recommend a draft advisory opinion for the commission to cons ider at its next meeting. (d) The approval of a draft advisory opinion requ i res the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapp roved. (e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that (1) was described in an advisory opinion approved under (d) of this sect ion; (2) is indistinguishable from the description of an act ivity that wa s approved in an adv isory opinion approved under (d) of this section; or (3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) ofthis section and before the commission acted on the draft advisory opinion under (d) of this section, if (A) the draft advisory opinion w ould ha ve approved the transaction or activity described; and (B) the commission disapproved the draft advisory opinion. (f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40 .25. (§16 ch 108 SLA 2003) Effective dates. -Section 16, ch . 108, SLA 2003 , which enacted this sect ion took effect on September 14, 2003. Page 89 of 165 Alaska Public Offices Commission AO 10-10-CD Sec. 15.13 .400. Definitions. In this chapter, Page 16of18 (3) "communication" means an announcement or advertisement disseminated through print or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c); (6) "expenditure" (A) means a purchase or a transfer of money or anything of value, or promise o r agreement to purchase or transfer money or anything of value, incurred or made for the purpose of (i) influencing the nomination or election of a candidate or of any individual who files for nomination at a later date and becomes a candidate; (ii) use by a political party; (iii) the payment by a person other than a candidate or political party of compensation for t he personal services of another person that are rendered to a candidate or politica l party; or (iv) influencing the outcome of a ballot proposition or question; (B) does not include a candidate's filing fee or the cost of preparing reports an d statements required by this chapter; (C) includes an express communication and an elec tion eeri ng communication, but does not include an issues communication; 2 AAC 50.356. USE OF PUBLIC MONEY. (a) Funds are specifically appropriated for the purposes of AS 15.13.14S(b) if the appropriating body provides notice on the public re cord that the funds will be used to i nfluence the outcome of. an election. (b) In the absence of a specific appropriation, an officer or employee of an entity who is identified in AS 15.13.14S(a)(4) may use money held by that entity to communicate about a ballot proposition or question if the communication is made in the usual and customary performance of the officer's o r emp loye e's duties. (c) For the purposes of AS 15 .13.14S(c)(2), information is nonpartisan if it does not advocate a position in an e le ction. Nonpartisan inform ation includes the official language of a ballot question, a neutral ballot summary, or if provided for all candidates seeking a particular office, the candidates' names , contact information, or statements. (d) If an entity or individual identified in AS 15.13 .14S(a)(l)-(4) uses money held by the entity to make an election-related expenditure, the expenditure must be disclosed on a report of contributions or independent expenditures under AS 15.13.040(d) and (e) unless the expenditure is made only to disseminate information about th e time and place of an Page 90 of 165 Alaska Public Offices Commission AO 10-10-CD elect ion or to hold an election. (Eff. 1/1/2001, Register 1S6) Authority: AS lS.13.010 AS lS.13.030 AS 1S.13.14S 2 AAC 50.450. Complaints. (a) A complaint filed with the commission must be in writing and must contain Page 17 of 18 (1) the full name, mailing address and te lephone number of the person, group, or nongroup entity making the complaint; (2) the name of the person, group, or nongroup entity alleged to be in vio lation; (3) the statute or regulation for which a violation is alleged; (4) a clear and concise description of facts that, if true, would violate AS lS.13 or 2 AAC S0.2SO -2 AAC S0.40S (Campaign Finance), AS 24.4S or 2 AAC SO .SOS -2 AAC S0 .54S (Regulation of Lobbying), or AS 39.SO or 2 AAC SO.OIO -2 AAC S0.200 (Public Official Financial Disclosure); (S) the basis of the complainant's knowledge of the alleged facts, noting those allegations based upon personal knowledge and those based upon other sources of information and belief; (6) all documentation relevant to the facts alleged that is avai lable to the complainant; (7) adequate proof that copies of the comp laint and documentation were received by each respondent before filing with the commission; and (8) evidence that satisfies the standard for expediting a complaint in AS 15.13.380(c), if expedited consideration of an alleged violation of AS 15.13 or a regulation adopted under AS 15.13 is requested. (b) The complaint must be signed and sworn under oath before a notary public, municipal clerk, court clerk, postmaster, or a person authorized to administer oaths. The commission will provide notary service without charge. (c) The complaint may be on (1) a form prescribed by the executive director, which is available from the commission or on the commission's web site; or (2) any other form sa ti sfying the requirements of (a) of this section. Eff. S/16/76, Register S8; am 12/29/77, Register 64; am 6/29/84, Register 90; am 1/4/86, Register 97; am 1/1/2001, Register 156; am 2/20/2005, Register 173) Authority: AS 15.13.030 AS lS.13.380 AS 39.50.050 AS 24.45.021 AS 24.45.131 2 AAC 50.905. ADVISORY OPINIONS. (a) The commission staff shall review all requests for advisory opinions submitted under AS 15.13.374. If the commission staff determines that a request does not satisfy the requirements in AS 15.13 .374, the commission staff shall reject the request and notify the person, group, or nongroup entity making the request of the deficiencies. A rejected request may be refi led. Page 91 of 165 Alaska Pub lic Offices Commission AO 10-10-CD Page 18of18 (b) If the commission staff determines that the request satisfies the requirements in AS 15 .13.374, the executive director or the exe cutive director's designee shall prepare a recommended advisory opinion within seven days after receipt of the opinion request for the commission to consider at its next regular meeting. (c) The commission will approve, disapprove, or modify the recommended advisory opinion . (d) The commission may reconsider an advisory opinion at any time upon the motion of a member who voted with the majority that originally approved the opinion, and if the commission adopts the motion to reconsider by the affirmative vote of at least four members. Adoption of a motion to reconsider vacates the ad vi sory opinion to which it relates . Action by the requesting party in good faith reliance on the advisory opinion before the party has notice of reconsideration may not be the subject of an investigation under 2 AAC 50 .460, 2 AAC 50 .507 , 2 AAC 50.810, or 2 AAC 50.815. (Eff. 1/4/86, Register 97; am 7 /20/95, Register 135; am 1/1/2001, Register 156; am 2/20/2005, Register 173) Authority: AS 15.13.030 AS 24.45.021 AS 39.50 .050 AS 15.13.374 AS 24 .60.220 Page 92 of 165 Resolution 2010-02 A Resolutio n Concerning the Proposed "Anti-Corruption Initiative" The Sitka Sch.col Board resolves that it is in opposition to passage of the "Initiative Prohibiting Public Funds for Election Campaigns; also Prohibiting Campaign Contributions by Holders of Government Contracts", referred to by its sponsors as "The Anti-Corruption Initiative" finding that the measure would dramatically restrict the public's ability to participate in the democratic process. Neither the official title that will appear on the August primary election ballot, nor that used by the initiative 's sponsors , hints at the far-reaching consequences of the measure . Among other potential impacts, the initiative would define furthering "a ny political agenda" so broadly as to criminalize most uses of public funds to enable school board members, superintendents and staff to interact directly with the local assembly, the state legislature and the federal congress concerning our schools and students. Moreover it would restrict the ability of a large swath of the public to likewise interact with elected officials as it defines the category of those prohibited from furthering "any political agenda" to include anyone whose income derives from public funds such as municipal employees, teachers , firefighters, etc. Not only does it restrict them personally but the prohibition extends to their immediate family. There is even speculation that, if the initiative is interpreted strictly, anyone rece iving a permanent fund check, obviously a form of public funding in excess of the $500 annually specified in the initiative , would also be restricted from exercising his/her First Amendment right to speak out on public issues before elected bodies. The Sitka School Board uses a very small part of it's annual budget to advocate for school funding and appropriate school programs in front of the Alaska Legislature and occasionally the U. S . Congress . Use of public funds for these public purposes, helping the legislature and congress to understand issues critical to our schools and students, would be declared a criminal activity by this initiative. To make it criminal to use public funds to give school officials direct access to legislators and staff, or to support school district advocacy, would so restrict the flow of information that legislators would be forced to act on education issues with scant and out of date information . Citizen involvement is the foundation of our republic. The Sitka School Board believes that the voters who signed the petition to place this initiative on the ballot acted in the finest tradition of democracy --the right of citizens to influence the course of their government. However many may not have understood that this "Anti-Corruption Initiative" would infringe on that same right for many fellow Alaskans and nearly all Sitkans seekin g to act through local officials (assembly, school board, legislature) to affect their government. The Sitka School Board urges all voters to read this initiative carefully before heading to the polls in August and consider the grave consequences such a la w could have on our ability to govern and advocate at the local, state, and federal level for our issues and needs. EXHIBIT 1 Page 93 of 165 Lon Garrison , President----------- Cass Pock , Vice-President _________ _ Mollie Kabler, Secretary __________ _ Tim Fulton , Member ____________ _ Tom Conley, Member ___________ _ EXHIBIT 1 Page 94 of 165 Draft Resolution on Proposition 1 for Alaska School Boards As members of the School Board, we believe Proposition 1 on the August 2010 primary election ballot poses grave problems for the rights of citizens to influence their government and improve the li ves of child ren. The ballot measure seeks to prohibit, as a criminal act, any school district from hiring a lobbyist or any superintendent to advocate for state funds. This initiative, if passed, wo uld disenfranchise tens of thousands of Alaskans from their own government. Rationale. The broad brush of Proposition 1 seeks to ban the use of tax dollars for any partisan activity, but in so doing threatens criminal penalties against any public official, state employee, public body, school district, council or candidate for office who "directly or indirectly" violates the terms of the initiative. For our republic to work, our citizens have to be involved. Proposition 1 blocks our ability to be involved and undermines our civic responsibility. The 1 st Amendment guarantees our right to free speech and to associate with other citizens; this initiative assumes anybody who receives public dollars, "directly or indirectly," is capable of breaking the law. As public officials, we believe in corruption-free government. However, Proposition 1 is misdirected in this regard and wou ld shackle the hands of anybody who does business w ith the government, "directly or indirectly." EXHIBIT 2 Page 95 of 165 Bulfa, Maria F B (DOA) To: Cc: Greva , Vullnet (DOA) Brandeis , Jason M (DOA) Subject: RE : Questions regarding local school boards advocating on ballot initiatives-AO Request From: Lon Garrison [mailto:Lon_Garrison@nsraa.org] Sent: Monday, May 24, 2010 10:22 AM To: Ware, Patricia A (DOA) Subject: RE: Questions regarding local school boards advocating on ballot initiatives Patty, In response to your questions: 1. No the board is not anticipating any expenditures or extraordinary advertising . 2. The resolution will likely be published via our website, through email and a press release . I do not foresee anything different from what we normally do . 3. I would be requesting an informa l opinion at this point. I will call you to discuss this briefly. Thanks for your quick response . Lon Garrison Sitka School Board Work: 747-6850 Cell : 738-0798 Home: 747-5160 From: Ware, Patricia A (DOA) [mailto:patricia.ware@alaska.gov] Sent: Monday, May 24, 2010 8:45 AM To: Lon Garrison Subject: RE: Questions rega rding local schoo l boards advocating on ballot initiatives Lon, I have a few follow up questions on your email. 1. Is the school board proposing to make any kind of expenditure or do any type of advertisi n g with respect to the ordinance itse lf if/once it is passed ? 2. Can you be more specific on what you mean by "publi cat ion of the posit ion through usual and customary means"? 3 . Would th e board li ke a forma l advi sory opinion from the Comm ission or are you making a request for an informal op inion? If you'd like to discuss thi s further, feel free to call me at 465-4865. Once I h ear back from you, we ca n go from t here. Patty Ware, Admin istrator, Juneau Office 1 Page 96 of 165 A lci.;ka Public Offices Commission (A. JC) patricia.ware@alaska.gov Ph one: (907 ) 465-4865 Fax: (907) 465-4832 http ://doa.alaska.gov/apoc/ From: Lon Garrison [mailto:Lon_Garrison@nsraa.org] Sent: Monday, May 24, 2010 7:53 AM To: Ware, Patricia A (DOA) Subject: Questions regarding loca l school boards advocating on ballot initiatives Dear Ms. W are , I'm hoping you may be the person to contact regarding the following questions. If not would you please forward thi s inquiry to the appropriate staff and let me know? Thank you. The Sitka School Board is very interested in taking up and pass ing a resoluti on that would advocate against the passage of ballot propo sition #1, the so called "Anti-corruption Initiative". Recently , your commission provided a review and determination that it was within the purview and legal right for the Associatio n of Alaska School Boards (AASB) to advocate a po sition on an initiative for its membership si nce it wa s not an instrument of the state. However, for local school boards to also speak to an initiative directly oth er that a bond proposition there s eems to . be some question about our limitations and restrictions in regard to such advocacy. From what we have been able to find, APOC regulations say that an officer or employee may use public money to communicate about a ballot proposition or question if the communication is made "in the usual and customary performance of the officer or employee's dutie s," re gar dless of whether a specific appropriation of funds has been made for th at purpose. 2 AAC 50.356(b). On behalf of th e Sitka School Board I would like to po se two questions for the Commiss.ion to co nsider: 1) Is a board's passage of a resolution taking a position on an initiative, and the district's publication of that po siti on through its usual and custo mary means , a co mmunication that does not have t o be supported by a sp ecial appropriation? 2) Does the passage and dissemination of a resol ution taking a position on an initiative involve an expenditure of p ubli c fund s that tri ggers a nee d to fil e any kind of rep ort with APO C? T ime is something of the essence in this matter, as we would like to consider the passage of a resolut ion at our next board meeting on June 81 \ 2010. We also realize time is running short if we are to communicate effectively to the public prior to the Augu st electi on. Thank yo u fo r consideration of these questions an d I look forward to your responses soo n, Respectfully yo urs , Lon Garrison President, Sitka School Board Work : 7 4 7 -6850 Cell : 738-0798 Home: 747-5160 2 Page 97 of 165 (This page was intentionally left blank) Page 98 of 165 10/11/2018 https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C 1/2 E R F I Filer First Name: JAMIE Filer Middle Name (Optional): L Filer Last Name: HEINZ Filer's Title with Entity: City Clerk E I Election Year: 2018 Entity Name: City of Kenai Abbreviation: Purpose: Municipal Government Entity Mailing Address: 210 Fidalgo Ave. City, State Zip: Kenai, Alaska 99611 C Name: Jamie Lynn Heinz Address: 210 Fidalgo Ave. City, State Zip: Kenai, Alaska 99611 Phone: 9072838246 E-mail: jheinz@kenai.city Fax (Optional): Did Not Report O D Name Address Title Tim Navarre 210 Fidalgo Ave. Kenai, Alaska 99611 Vice Mayor Brian Gabriel 210 Fidalgo Ave. Kenai, Alaska 99611 Mayor Jamie Heinz 210 Fidalgo Ave. Kenai, Alaska 99611 City Clerk Robert Molloy 210 Fidalgo Ave. Kenai, Alaska 99611 Council Member Jim Glendening 210 Fidalgo Ave. Kenai, Alaska 99611 Council Member Glenese Pettey 210 Fidalgo Ave. Kenai, Alaska 99611 Council Member Mike Boyle 210 Fidalgo Ave. Kenai, Alaska 99611 Council Member Henry Knackstedt 210 Fidalgo Ave. Kenai, Alaska 99611 Council Member Page 99 of 165 10/11/2018 https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C https://my.alaska.gov/ESignature/Display.aspx?doc=1C1F3BC7C7474B1F18EEC219FBFF789C 2/2 Name Address Title Paul Ostrander 210 Fidalgo Ave. Kenai, Alaska 99611 City Manager B A / P A A Name of Bank: Wells Fargo Bank Bank Address: 11216 Kenai Spur Highway City, State Zip: Kenai, 99611 Page 100 of 165 Independent Expenditures Form 15-6 Template For Other Filers Note: This document is only a guide to prepare information for the online form and displays a sample of the questions asked in each section. To file your form, you visit https://myalaska.state.ak.us/apoc/form Page 1 - Instructions Page 101 of 165 Page 2 – Filer Information THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 102 of 165 Page 3 – Time Frame THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 103 of 165 Page 4 – Election Information THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form  If these expenditures were made for only a single election, elect it from the drop down list.  By selecting the election type, the elections are limited to just that type.  If they are for multiple elections, or do not apply to an election, select “Multiple Elections / Other” and then describe. Page 104 of 165 Page 5 – Entity Information THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 105 of 165 Page 6 – Contact Information THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 106 of 165 Page 7 – Officers and Directors THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 107 of 165 Page 8 – Expenditures THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form  The expenditure can be made to support or oppose a Candidate or a Proposition.  For candidates, select the Candidate from the drop down list. Use the Year/Election Type drop down lists.  For proposition, select the election and type in the name of the proposition. Page 108 of 165 Page 9 – Previous Reports THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 109 of 165 Page 10 – Contributions THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 110 of 165 Page 11 – Review THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 111 of 165 Page 11 – Review (continued) THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 112 of 165 Page 12 - Certification THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 113 of 165 Form Submission Notice THIS IS NOT A VALID FORM. To file, visit https://myalaska.state.ak.us/apoc/form Page 114 of 165 KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 3, 2018 – 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 October 3, 2018, 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 Jim Glendening Mike Boyle 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 additions to the packet: Add to item L.1. Executive Session Regarding Bowling Alley Property • Deed of Trust • Statutory Warranty Deed MOTION: Council Member Molloy MOVED to approve the agenda with noted additions and requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda Page 115 of 165 City of Kenai Council Meeting Page 2 of 6 October 3, 2018 MOTION: Council Member Knackstedt MOVED to approve the consent agenda 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 1. Tim Dillon, Kenai Peninsula Economic Development District – Update on Activities of Kenai Peninsula Economic Development District. Tim Dillon of the Kenai Peninsula Economic Development District (KPEDD) provided an update on the recent activities of KPEDD noting their goals, current projects, reports they produce, their micro-loan program, and workforce development. C. UNSCHEDULED PUBLIC COMMENTS Charlie Yamada provided an update on their process to get the bowling alley back up and running noting the difficulties finding financing due to the specialized business; looked to be a good business to serve the community Teea Winger expressed gratitude for the opportunity to run for City Council and also spoke in support of the bowling alley noting the bowling community paid approximately $2,500 annually for membership fees alone and that didn’t include food, beverage, or usage fees. Jeannie Carter spoke in support of the bowling alley noting it was nice to know there would be another opportunity in the area for couples to go to together; also noted she remembered her parents bowling and was hopeful for an opportunity for her own two kids to bowl. Raeellen Kurzendoerfer spoke in support of the bowling alley and encouraged its reopening noting her four older children took advantage of bowling opportunities in the past and her younger kids were excited to begin bowling. Jeannie Carter spoke in support of holiday decorations being displayed as far as the flags are displayed and not stop at the Visitor Center. D. PUBLIC HEARINGS – None. E. MINUTES Page 116 of 165 City of Kenai Council Meeting Page 3 of 6 October 3, 2018 1.*Regular Meeting of September 19, 2018 Approved by the consent agenda. F. UNFINISHED BUSINESS – None. G. NEW BUSINESS 1. *Action/Approval – Bills to be Ratified. Approved by the consent agenda. 2. *Action/Approval – Purchase Orders Over $15,000 Approved by the consent agenda. 3. *Ordinance No. 3041-2018 – Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-Ordinance Levying Assessments, and 16.15.050- Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16- Public Improvement And Special Assessments. (Administration) Introduced by the consent agenda and public hearing set for October 17. 4. *Ordinance No. 3042-2018 – Amending Kenai Municipal Code Section 14.20.151- Application For Conditional Use Permit For Surface Extraction Of Natural Resources, And 14.20.154-Issuance Of Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Application and Permitting Process. (Administration) Introduced by the consent agenda and public hearing set for October 17. 5. *Ordinance No. 3043-2018 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) Introduced by the consent agenda and public hearing set for October 17. 6. *Ordinance No. 3044-2018 – Amending Kenai Municipal Code Section 3.05.070- Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015-Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and 13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses. (Administration) Introduced by the consent agenda and public hearing set for October 17. 7. Discussion – Review of State and City Smoking Laws. (City Attorney) Page 117 of 165 City of Kenai Council Meeting Page 4 of 6 October 3, 2018 City Attorney, Scott Bloom, provided an overview of the City’s current smoking laws, the newly effective State of Alaska smoking laws, made suggestions to bring the City current with the new law, and offered insight on how the City could opt out of the state laws. There was discussion about the disparity between a marijuana establishment’s ability to allow smoking if provided for by the Marijuana Control Board but not private clubs that served alcohol, where the fine income went, the need for education, the disappointment that the legislation wasn’t put before the voters from the state level, and the process involved for the City to opt out. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging – No report; next meeting October 11. 2. Airport Commission – No report; next meeting October 11. 3. Harbor Commission – No report; next meeting October 8. 4. Parks and Recreation Commission – No report; next meeting October 4. 5. Planning and Zoning Commission – It was reported that at their September 26 meeting the commission approved two plats; next meeting October 10. 6. Beautification Committee – No report; next meeting on October 9. 7. Mini-Grant Steering Committee – No report. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Offered welcome comments at the recent firefighter conference; also attended their awards banquet; • Attended the Harvest Art Auction fundraiser for the Kenai Fine Arts Guild; • Started the Kenai River Marathon; • Thanked Council Member Boyle for his service on City Council; • Congratulated Bob Molloy and Robert Peterkin on their successful elections; and • Thanked Teea Winger for her willingness to run for City Council. J. ADMINISTRATION REPORTS 1. City Manager – P. Ostrander reported on the following: • Sent out 500 surveys soliciting economic development responses; • Participated in Trashersize noting it created an environment to communicate with residents; • The new procurement procedures were utilized with the annual purchase of computers; • Attended the annual International City/County Manager’s Association Conference noting capital improvements and deferred maintenance were session topics; • Began interviews for a Human Resources Director; • Congratulated Bob Molloy and Robert Peterkin on their successful election and thanked Council Member Boyle for his service to the City. Page 118 of 165 City of Kenai Council Meeting Page 5 of 6 October 3, 2018 2. City Attorney – S. Bloom reported he recently attended a Continuing Legal Education (CLE) session on ethics and would be attending the upcoming International Municipal Lawyers Association conference. 3. City Clerk – J. Heinz reported that absentee ballots were still to be processed by the Canvass Board on October 9; also noted an anomaly with Mobile Food Vendor regulations in Kenai Municipal Code where an inspection report was required but the State of Alaska Department of Environmental Conservation issued Temporary Permits for certain events; would be interested in bringing forth a change if no objection. K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) Johna Beech, statewide ambassador for the American Cancer Society Cancer Action Network, provided clarification that the recently effective statutes prohibiting smoking focused on smoke free work places and worker safety. She pointed out that some governing bodies didn’t have health powers and some communities were in the unorganized borough which was governed by the state. She added that citations were complaint driven; their research showed veterans wanted clubs to be smoke free and family friendly, and the reason marijuana facilities were exempted was because the workers knew what they were getting in to and the buildings would be free standing and not share ventilation systems. 2. Council Comments All Council Members congratulated Bob Molloy and Robert Peterkin on their successful election and thanked Teea Winger for her willingness to serve on City Council; also thanked Council Member Boyle for his service on City Council. Council Member Molloy thanked the voters for coming out and voting and for their support noting he appreciated the opportunity to continue working with the Council; thanked Mr. Dillon for his report and Charlie Yamada for her willingness to stand by for the executive session. Council Member Boyle thanked Council Member Molloy for his help while serving on City Council; noted he imposed term limits on himself and wanted to retire; thanked the clerk, attorney, manager, Mayor, citizens, and city employees for the opportunity to work with them and represent them; also noted he enjoyed working with the City’s various Commissions. Vice-Mayor Navarre noted he attended the Harvest Art Auction fundraiser and thanked the community for its years of support; expressed appreciation for the work Beech put into advocating for worker safety; expressed that he wanted a balanced solution for the public. Council Member Pettey noted she attended the Harvest Art Auction fundraiser; thanked Mr. Dillon for his presentation and Ms. Beech for her insight and volunteerism. Council Member Glendening noted he was serving on the Alaska LNG committee and is confident the City is well situated to be able to mitigate impacts construction of the facility would have to the City. L. EXECUTIVE SESSION Page 119 of 165 City of Kenai Council Meeting Page 6 of 6 October 3, 2018 1. Discuss a Request for Renegotiation of Terms Regarding the Sale of Property Located at 10639 Kenai Spur Highway, Kenai, AK, Also Know as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), Pursuant to AS 44.62.310(c)(1)(3) a Matter of Which the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City, and a Matter by which Law, Municipal Charter, or Ordinance are Required to be Confidential. MOTION: Council Member Molloy MOVED to enter into executive session to discuss a request for renegotiation of terms regarding the sale of property located at 10639 Kenai Spur Highway, Kenai, AK, also known as Lot 3A, Block 1, Spur Subdivision No. 1, 1983 Addition (the Bowling Alley Opportunity), which pursuant to AS 44.62.310(c)(1)(3) was a matter of which the immediate knowledge may have an adverse effect upon the finances of the City, and a matter by which law, municipal charter, or ordinance are required to be confidential and requested the attendance of the City Manager and the City Attorney and for Charlie Yamada, representative of the purchasers of the bowling alley property, to stand by should she be needed. Vice Mayor Navarre SECONDED the motion. . VOTE: YEA: Knackstedt, Gabriel, Boyle, Glendening, Pettey, Molloy, Navarre NAY: MOTION PASSED UNANIMOUSLY. Council reconvened in open session and it was noted for the record that Council met in executive session and discussed a request for renegotiation of terms for the Bowling Alley Opportunity and reported Council provided direction to the City Manager to continue renegotiation of the terms. Action/Approval – Authorize the City Manager to Renegotiate the Terms of the Bowling Alley Opportunity and to Amend the Deed of Trust. M. PENDING ITEMS 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:55 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of October 3, 2018. _____________________________ Jamie Heinz, CMC City Clerk Page 120 of 165 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: OCTOBER 17, 2018 VENDOR DESCRIPTION PERS PERS INVESTMENTS VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT VARIOUS LIABILITY 87,398.01 MATURITY DATE AMOUNT Effect. Int. Page 121 of 165 (This page was intentionally left blank) Page 122 of 165 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 3045-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF MILITARY AND VETERANS’ AFFAIRS FOR THE PURCHASE OF PORTABLE POLICE AND FIRE DEPARTMENT RADIOS AND FOR THE PURCHASE AND INSTALLATION OF VIDEO SURVEILLANCE CAMERAS FOR THE CITY’S PUBLIC SAFETY BUILDING. WHEREAS, the City of Kenai received a notice from the State of Alaska Department of Military and Veterans’ Affairs that it was awarded $120,350 for grant projects under the 2018 State Homeland Security Program; and, WHEREAS, the projects that were awarded grant funding were a Public Safety Building Camera Project for $65,000 and the purchase of Police and Fire Portable radios for $55,350; and, WHEREAS, the public safety building is critical City infrastructure that houses the police department, fire department, emergency dispatch center, and the City’s data center and needs the added protections of a security camera system; and, WHEREAS, the portable public safety radios used by police and fire are reaching the end of their maintenance life, and this grant will replace approximately twenty percent of the portable radios; and, WHEREAS, the grant does not require a monetary match from the City. 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 a grant from the U.S. Department of Homeland Security passed through the State of Alaska Department of Military and Veterans’ Affairs for the purchase of portable police and fire radios and for the purchase and installation of video surveillance cameras for the City’s Public Safety Building. Section 2. That the estimated revenues and appropriations be increased as follows: Public Safety Capital Project Fund: Increase Estimated Revenues – Federal Grants $120,350 Increase Appropriations – Machinery and Equipment $120,350 Page 123 of 165 Ordinance No. 3045-2018 Page 2 of 2 _____________________________________________________________________________________ New Text Underlined; [DELETED TEXT BRACKETED] Section 3. That the City Manager is authorized to execute any required grant documents and expend the funds in accordance with grant provisions and conditions. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect upon adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: ___________________________________ Jamie Heinz, CMC, City Clerk Introduced: October 17, 2018 Enacted: November 7, 2018 Effective: November 7, 2018 Page 124 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: October 5, 2018 SUBJECT: Ordinance No. 3045-2018 - Ordinance accepting and appropriating a grant from the Department of Homeland Security ______________________________________________________________________ Grants were applied for by the police and fire departments, under the 2018 Homeland Security Program, and two of those grant requests were funded. The City received notice of award of a $65,000 grant for a security camera system to cover the public safety building that houses the police department, the fire department, the dispatch center, and the City’s data center. The City also received notice of award of a $55,350 grant to purchase replacement radios for the police and fire department. The portable radios currently in use are nearing the end of their maintenance life, and this grant will replace approximately twenty percent of the public safety portable radios. The grant does not require a monetary match by the City. I am respectfully requesting consideration of the ordinance accepting and appropriating those grant funds for the purpose they were intended. Page 125 of 165 (This page was intentionally left blank) Page 126 of 165 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 11, 2018 SUBJECT: Commission and Committee Appointments ______________________________________________________________________ With the resignation of Joe Halstead from the Parks & Recreation Commission and the resignation of Ramona Sierer from the Beautification Committee, there are vacancies on those respective bodies. Jennifer Dennis has submitted an application expressing interest in filling the vacancy on the Parks & Recreation Commission and Mary Rhyner has submitted an application expressing interest in filling the vacancy on the Beautification Committee. The terms for both seats expires December 2019. Mayor Gabriel has requested these applicants be added to the meeting agenda for his nomination and consideration by Council for confirmation pursuant to KMC 1.90.010. Jennifer Dennis is not a resident of the City of Kenai, however, pursuant to KMC 1.90.030(b), “the Beautification Committee, Harbor Commission, Library Commission, and Parks and Recreation Commission may, at the discretion of the Council, have up to two (2) non-resident members, each.” Your consideration is appreciated. Page 127 of 165 (This page was intentionally left blank) Page 128 of 165 Page 129 of 165 Page 130 of 165 Page 131 of 165 (This page was intentionally left blank) Page 132 of 165 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Jamie Heinz, City Clerk DATE: October 11, 2018 SUBJECT: Donation to Boys and Girls Club of the Kenai Peninsula ______________________________________________________________________ On October 1, the Boys and Girls Club of the Kenai Peninsula submitted a City of Kenai Mini-Grant application for a $500 mini-grant to purchase face painting supplies and obstacle course supplies for the third annual Fall Pumpkin Festival. The intent of the Mini-Grant program is to provide startup funding for projects and only new or expanded projects are to be considered. In FY18, the Boys and Girls Club of the Kenai Peninsula received a mini-grant for face painting and hair coloring supplies and it was decided the request didn’t qualify for a mini-grant. It was suggested that in the future, the agency request annual funding through the budget process for the event. Since that opportunity has passed for this year, Mayor Gabriel agreed to add the request to the agenda for this meeting to seek Council approval to donate $500 from Grants to Other Agencies – Miscellaneous Grants to be Identified. There are sufficient funds available for the donation. Your consideration is appreciated. Page 133 of 165 (This page was intentionally left blank) Page 134 of 165 Page 135 of 165 Page 136 of 165 KENAI HARBOR COMMISSION OCTOBER 8, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR CHRISTINE HUTCHISON, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Hutchison called the meeting to order at 6:35 p.m. a. Pledge of Allegiance Chair Hutchison led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair C. Hutchison, Vice-Chair N. DuPerron, G. Greenberg, C. Crandall Commissioners absent: M. Dunn, J. Desimone, B. Peters Staff/Council Liaison present: Public Works Director S. Curtin, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Vice-Chair DuPerron MOVED to approve the agenda and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS a. David Chessik, Private Fisherman – Public Access to the City Dock David Chessik spoke in regards to the lack of public access to the City Dock this year and noted it was the only dock within 80 miles. He added he was unable to unload fish from the City Dock, as the cranes were not available. Mr. Chessik reiterated the need of the Kenai City Dock for public use. He suggested making it an open infrastructure, similar to the Homer harbor with a card access system. He further suggested to obtain funding from the State of Alaska, Kenai Peninsula Borough and local cities to provide a better service for the Kenai City Dock. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. September 10, 2018 Page 137 of 165 ____________________________________________________________________________________ Harbor Commission Meeting Page 2 of 3 October 10, 2018 MOTION: Vice-Chair DuPerron MOVED to approve the meeting summary of September 10, 2018; and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – No Wake Signage A list was requested of the commercial anglers, permit holders, drifters, and dipnetters to invite to the next Harbor Commission meeting for discussion of No Wake signage. MOTION: Vice-Chair DuPerron MOVED to postpone this discussion item until the November Commission meetings and Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED. 6. NEW BUSINESS a. Discussion – Harbor Commission Sub-Committee Update It was noted the next Sub-Committee meeting was tomorrow, October 9 at 6:00 p.m. b. Discussion – Harbor Commission Focus for Coming Year The Public Works Director advised the Commission to determine three to five projects to focus on for the coming year. Topics of interest discussed included wake signage, dredging of the Kenai River, and development of a five-year plan. It was requested to continue this discussion in the upcoming Harbor Commission meetings with the intent to make a recommendation to City Council in January. 7. REPORTS a. Public Works Director – S. Curtin thanked Mr. Chessik for his discussion and input on the viability of the Kenai City Dock in the summer. Director Curtin reported the Dock was shutting down for the winter and the cathodic protection bid was planned for Spring 2019. He added that the status of the Army Corp of Engineers and Bluff Stabilization was the same as previously reported. b. Commission Chair – None. c. City Council Liaison – Council Member Glendening reported on the October 3 Council Meeting actions. 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 12, 2018 9. COMMISSIONER COMMENTS AND QUESTIONS The Chair and Commissioners thanked the guest speaker for the discussion and information provided regarding the necessity of the Kenai City Dock. Page 138 of 165 ____________________________________________________________________________________ Harbor Commission Meeting Page 3 of 3 October 10, 2018 Commissioner Greenberg suggested advertising soon for staff to operate the cranes at the City Dock or a concessionaire for next year. Commissioner DuPerron expressed congratulations to the new City Council member. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:30 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk Page 139 of 165 (This page was intentionally left blank) Page 140 of 165 KENAI HARBOR COMMISSION SUB-COMMITTEE SEPTEMBER 18, 2018 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MEETING SUMMARY 1. CALL TO ORDER Commissioner DuPerron called the meeting to order at 6:06 p.m. a. Pledge of Allegiance Commissioner DuPerron led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: N. DuPerron, C. Crandall, M. Dunn Commissioners absent: Staff/Council Liaison present: Public Works Assistant K. Feltman, Council Member J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Crandall MOVED to approve the agenda and Commissioner Dunn SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. August 28, 2018 MOTION: Commissioner Crandall MOVED to approve the meeting summary of August 28, 2018 and Commissioner Dunn SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS a. Discussion – Identification of Harbor Commission Duties and Responsibilities Page 141 of 165 ____________________________________________________________________________________ Harbor Sub-Committee Meeting Page 2 of 2 September 18, 2018 The Sub-Committee highlighted areas of Title 11, determining sections that should be restructured and suggested clarifying changes regarding which commission was responsible for specific tasks. 6. NEW BUSINESS – None. 7. DISCUSS PURPOSE OF NEXT MEETING The purpose of the next meeting would be to finish reviewing Title 11. 8. SET NEXT MEETING / ATTENDANCE NOTIFICATION The members set the next meeting date of October 9, 2018 and tentatively October 22. Intent was noted to provide information to City Council in November, and finalize in December. 9. ADDITIONAL PUBLIC COMMENTS Council Member Glendening reported on the City Council action agenda of the September 5 meeting. 10. MEMBER COMMENTS AND QUESTIONS – None. 11. ADJOURNMENT There being no further business before the Sub-Committee, the meeting was adjourned at 7:23 p.m. Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk Page 142 of 165 KENAI PARKS & RECREATION COMMISSION OCTOBER 4, 2018 – 7:00 PM KENAI CITY COUNCIL CHAMBERS VICE-CHAIR NOEL WIDMAYER, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Vice-Chair Widmayer called the meeting to order at 7:10 p.m. a. Pledge of Allegiance Vice-Chair Widmayer led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Commissioners present: Vice-Chair N. Widmayer, T. Wisniewski, J. Joanis Commissioners absent: Chair C. Stephens, S. Kisena, F. Perez Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member T. Navarre No quorum was present. c. Agenda Approval 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT 4. APPROVAL OF MEETING SUMMARY a. September 6, 2018 5. UNFINISHED BUSINESS a. Discussion – Lawton Drive Extension 6. NEW BUSINESS – None. 7. REPORTS a. Parks and Recreation Director b. Commission Chair c. City Council Liaison 8. NEXT MEETING ATTENDANCE NOTIFICATION – November 1, 2018 9. COMMISSION QUESTIONS & COMMENTS Page 143 of 165 _____________________________________________________________________________________________ Parks and Recreation Commission Meeting Page 2 of 2 October 4, 2018 10. ADDITIONAL PUBLIC COMMENT 11. INFORMATION a. Kenai Multi-Purpose Facility Ice Schedule 12. ADJOURNMENT Meeting summary prepared and submitted by: _____________________________________ Jacquelyn Kennedy Deputy City Clerk Page 144 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Bondurant, Airport Manager DATE: October 4, 2018 SUBJECT: October Mid-month Report 2018 Terminal Rehabilitation Project – Construction: The FAA grant offer was received on September 19, 2018. The project should start in October 2018 with a completion date of December 1, 2019. 2018 Fencing Rehabilitation – Options are still being discussed with the FAA on how to proceed with this project in FY19. In-house Activities – Winter Season Recruiting/Hiring – The Airport has hired two seasonal equipment operators for the 2018-2019 winter season. The seasonal positions are for five months from November 1, 2018 through March 2019. The Airport is also establishing a call out list of temporary equipment operators for additional manpower over the season. October 9, 2018 - OSHA representatives will be conducting on-site visits at the Airport Terminal and Operations Facility. October 11-12, 2018 - The SOA/DOT will be at the airport to evaluate all airfield pavement and provide a pavement condition report that will assist us in evaluating the pavement needs of the airfield. The SOA/DOT includes the Kenai Airport every three years and at no cost. October 12, 2018 – A meeting for terminal tenants has been scheduled at the Kenai City Council chambers on Friday, October 12 from 9am to 11am. Wince-Corthell-Bryson will be updating terminal tenants on the phasing plan and project schedule for the rehabilitation project. Page 145 of 165 Page 2 of 2 October 2018 October 17, 2018 – The Quarterly Airport Tenant meeting has been scheduled for 3:00pm on Wednesday, October 17 at the Kenai Operations Facility. October 24, 2018 – Annual pre-season Snow and Ice Control Committee meeting will be held from 9am-11am in Council Chambers. All airport staff, equipment operators, airport tenants, contract snow plowers, Kenai Police and Fire Department personnel should plan on attending. Agenda items will cover the annual 139 training requirements for airfield driving, familiarization, self-inspection, etc. Representatives from the Tower, Flight Service Station, and Airway facilities will speak to their respective responsibilities. October 30, 2018 – Airport, KPD, and KFD will hold the annual tabletop review of the Airport Emergency Control Plan with an airport security readiness exercise. The tabletop exercise is a FAA 139 requirement and the readiness exercise is a tri-annual TSA requirement. Three representatives from the Anchorage TSA office will be in attendance. Page 146 of 165 OPERATIONS Month 2018 2017 2016 2015 2014 MAY 39 23 44 57 30 JUNE 139 106 85 124 79 JULY 261 144 151 164 186 AUGUST 164 103 191 148 182 SEPTEMBER 156 107 115 71 72 OCTOBER 6 CLSD 17 9 NOVEMBER CLSD CLSD CLSD CLSD Total 759 489 586 581 558 0*not reported FUEL SALES Month 2018 2017 2016 2015 2014 MAY $134 $784 $1,175 $8 $1,151 JUNE $3,203 $3,423 $1,656 $0 $2,752 JULY $3,635 $3,420 $3,036 $1,873 $5,776 AUGUST $5,890 $4,325 $3,647 $1,710 $3,116 SEPTEMBER $5,590 $4,901 $3,830 $1,380 $1,820 OCTOBER $583 CLSD $553 $384 Total $18,452 $17,436 $13,344 $5,524 $14,999 Slips Rented Private 0 Commerical 0 Rev 5/2015 FLOAT PLANE BASIN ACTIVITY 2014-2018 Page 147 of 165 (This page was intentionally left blank) Page 148 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: October 8, 2018 SUBJECT: September 2018 Monthly Report This month the Kenai Animal Shelter took in 91 animals. Animal intake and disposition: DOGS: INTAKE 45 DISPOSITION 40 Waiver 22 Adopted 9 Stray 15 Euthanized 3 Impound 1 Claimed 11 Protective Custody 1 Field Release 0 Quarantine 0 Transferred to Rescue 17 Other Intakes 6 Other Dispositions 0 CATS: INTAKE 46 DISPOSITION 59 Waiver 21 Adopted 20 Stray 23 Euthanized 1 Impound 1 Claimed 1 Protective Custody 0 Field Release 0 Quarantine 0 Transferred to Rescue 37 Other Intakes 1 Other Dispositions 0 OTHER ANIMALS: INTAKE 1 DISPOSITION 1 Chicken 1 Chicken 1 DOA: 4 OTHER STATISTICS: Dog 1 Licenses (City of Kenai Dog Licenses) 4 Cat 3 Microchips (Dog and Cat) 3 Page 149 of 165 Page 2 of 2 Animal Control Mid-Month Report 1 Citations 8 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 95.10 Volunteer Hours Logged 27 Animals are known borough animals 28 Field Investigations & patrols Statistical Data: 606 2016 YTD Intakes 606 2017 YTD Intakes 631 2018 YTD Intakes Page 150 of 165 FINANCE DEPARTMENT MID-MONTH REPORT October 2018 To: Paul Ostrander, City Manager From: Terry Eubank, Finance Director Date: October 10, 2018 Re: Monthly Report Auditors completed their fieldwork on October 12th and a draft of the FY2018 Comprehensive Annual Financial Report is near completion for review by the City’s auditors. Presentation to the Council should be at the December 5th Council meeting. The department has been working to complete its section of the City’s Dip Net report. The report is a summation of information from various departments and includes a detailed analysis of the cost to operate the event. Preparation will soon begin for the FY19 annual budget. Historical and future projections are provided to departments in December to assist in their budget preparation and much work takes place in putting this information together. I attended the fall Association of Governmental Risk Pools conference in Portland the first week of this month as a board member of Alaska Public Entity Insurance, the City’s insurance pool. The conference, while geared towards management of an insurance pool, provides excellent training on risk management, new and emerging liabilities for governments, and general management topics. I appreciate the City providing me the time to attend and am confident the training I received will benefit the City in the future. Page 151 of 165 (This page was intentionally left blank) Page 152 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Jeff Tucker, Fire Chief DATE: October 10, 2018 SUBJECT: Fire Department Mid-Month Report – September 2018 ____________________________________________________________________________ During the month of September the department responded to 108 calls for service. By the end of September the department had responded to 1088 calls of service for the year so far as opposed to the same time in 2017 where we had responded to 1071 calls for service. During the week of September 24th – 28th the City of Kenai was host to the 2018 Alaska Fire Conference. The conference was hosted by the Kenai Chapter of the Alaska State Firefighters Association in conjunction with the City of Kenai Fire Department, Nikiski Fire Department, and Central Emergency Services. The Alaska Fire Conference is sponsored by the Alaska Fire Chiefs Association and Alaska State Firefighters Association in collaboration with the Alaska State Fire Marshal’s Office of Fire Training and is the largest fire training conference held in Alaska. The conference is hosted in different communities each year. Kenai last hosted in 2014. This year’s conference had over 225 registered attendees from 69 departments from across Alaska and one Chicago FD firefighter who spent her vacation attending the conference. There were 47 vendor organizations who attended the vendor show with between 1-5 staff at the show. In addition there were all of the instructors who came from across the State and as far away as New Hampshire to share their knowledge with the attendees. Course offerings ranged from hand on training that included rope rescue, extrication, truck company operations, and live fire training to a various classroom courses that ranged from building construction, succession planning, critical incident stress management, leadership, and challenges of a firefighter marriage to list only a small sample of the classes offered. At our opening ceremony we were pleased to have several local dignitaries give welcoming remarks including Senator Micciche, Rep. Knopp, KPB Mayor Pierce, and City of Kenai Mayor Gabriel. At our closing banquet we were honored to have Governor Bill Walker attend and Page 153 of 165 Page 2 of 2 Fire Department Mid-Month Report address the conference attendees. Also in attendance was ADFG Commissioner Sam Cotten and City of Kenai Mayor Gabriel. Lots of hard work was put in by the staff of the Kenai Fire Department and our neighboring departments. In particular I would like to give kudos to two of our staff Captain James Dye, the President of the Kenai Chapter of the Alaska State Firefighters Association and Conference Co- Chair and Firefighter Mike Oden who ran the logistics for the conference. Both put in countless hours to make sure this conference was a success. Overall the conference was a great success and brought a little bit of an economical boast to the community in an otherwise slow period. Page 154 of 165 MEMORANDUM TO: Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Mary Jo Joiner DATE: October 9, 2018 SUBJECT: Library Mid-Month Report ______________________________________________________________________ September Circulation Figures Adult Fiction 1,323 Internet Access 769 Adult Non-Fiction 798 iPad use 183 Young Adult Fiction 138 Games 3 Periodicals 68 Room Booking 147 Juvenile Fiction 392 Music 24 Juvenile Non-Fiction 283 DVDs 1,879 Easy Fiction 976 Audio books 160 Easy Non-Fiction 277 Miscellaneous 128 Interlibrary Loan 1 Computer Programs Books – Consortium 287 Media – Consortium 153 Total Print 4,543 Total Non-Print 3,446 Total Circulation 9/18 7,989 Downloadable Audio 654 Total Circulation 9/17 8,736 Downloadable EBooks 544 % change -8% In-House circulation 137 Page 155 of 165 Page 2 of 2 Library Mid-Month Report Library Door Count……. 7,252 Income Fines $ 495.07 Xerox 42.20 Lost/Damaged 38.88 Test Proctoring Fee 20.00 Printing 297.00 Other 0.00 Total income $ 893.15 In September 2 volunteers worked about 9 hours. There were 12 children’s programs with 276 total in attendance, and 12 adult and family programs with 117 attendees. In September we ordered 2 interlibrary loan items not available through the consortium and received 2 items, we returned 1 item and loaned 10 items to other libraries who are out of state or not in the consortium. Library Cards Issued September Kasilof 4 Kenai 22 Nikiski 13 Non-Resident 0 Other Peninsula 13 Soldotna 2 Sterling 1 Total 55 Page 156 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: October 9, 2018 SUBJECT: Planning and Zoning September 2018 Report ____________________________________________________________________________ Below are a summary of activity in September 2018 for the Planning and Zoning Department. Planning and Zoning Commission Agenda Items and Resolutions The Planning and Zoning Commission approved of two plats, and Planning and Zoning staff approved of one landscape site plan: • Resolution PZ2018-23 Original Preliminary Plat of FBO Subdivision 2018 Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, Alaska 99669, on behalf of the City of Kenai, 210 Fidalgo Ave., Kenai, Alaska 99611 (9/26/18 Planning and Zoning Commission meeting). • Resolution PZ2018-22 Original Preliminary Plat of Michael J. Pelch Homestead Jr. Addition No. 3, submitted by McLane Surveying, P.O. Box 468, Soldotna, AK 99669, on behalf of Michael J. Pelch, Jr., 3230 Harlow Rd., Eugene, OR 97401 (9/26/18 Planning and Zoning Commission meeting). • Landscape Site Plan approval for Kenai Mini Storage, Incorporated associated with construction of a building addition. Lands, Economic Development, and Outreach The Planning and Zoning Department has been preparing for a temporary lands staff hire (started October 1st, prep work done in September) by creating a new database and reorganizing hard copy files. Those tools will be used by the lands staff person to update City-owned lands data as the basis for a lands summary report. Page 157 of 165 Page 2 of 2 Planning and Zoning Mid -Month Report The City Planer attended the Kenai Young Professionals Summit. The City Planner attended site visit events to Low Impact Development (LID) sites in Soldotna and Kenai. The City Planner met with Federal Aviation Administration (FAA) representatives touring Kenai Municipal Airport facilities. The City Planner attended a board meeting for the Alaska Chapter of the American Planning Association (APA). City staff communicated with a group coordinated a StartUp Week event to support local business owners and potential local business owners. City staff has been working with the Kenai Chamber of Commerce to update the 2019 City of Kenai Visitors Guide. A Trashercise Lunchtime Walk was held on September 20th with great attendance from City staff. Code Review City Council approved an ordinance drafted by the Planning and Zoning Commission amending the surface extraction code. The City Planner is working with the City Attorney and State of Alaska to strategize for the sign code update. Plans and Reports The City Planner attended a meeting for a potential Kenai Area Coordinated Transportation Plan. Code Enforcement (Complaint Responses and Community Outreach Measures) Community clean-up held in the Valhalla Heights neighborhood. In partnership with the Parks and Recreation Department, the City of Kenai provided dumpsters in attempts to remedy an assortment of neighborhood complaints to the City. 3 reported cases were closed in September 2018: • 2 – Junk or Abandoned Vehicles • 1 – Miscellaneous (Travel Trailer) 3 new case reports were opened in September 2018: • 2 – Junk or Abandoned Vehicles • 1 – Garbage 2 cases remains open from previous months: • 1 – Garbage • 1 – Miscellaneous (follow-up steps from Valhalla Heights neighborhood clean-up event) Page 158 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Robert J. Frates, Parks & Recreation Director DATE: October 9, 2018 SUBJECT: Mid-month Report - October ____________________________________________________________________________ One of the department’s highlight occurring at the end of each September is the Kenai River Marathon (KRM). This year we had a total of 270 participants and 17 different states represented. New this year was a featured keynote speaker (Gary Stotler) and a bell at the finish line. Runners achieving their personal best time, running the KRM for the first time or completing one of the running events for the first time were given the opportunity to ring the bell. We are anticipating an alternative route next year due to road construction. Miscellaneous Activities: • Hazardous tree removal along various segments of the Ryan’s Creek Trail. • Set-up and tear down for the Kenai River Marathon. • OSHA representatives conducted an on-site visit October 3. • Continued meetings - revisions to the 2019 Visitors & Relocation Guide. • Started field renovations to Adult Softball Field #1. • Lawton Dr. Extension gates painted safety yellow; caution signs ordered. • Planning and preparation for the 3rd annual Pumpkin Festival. • Installed a Little Free Library station along N. Forest Dr. • Fall rototilling of all Little League Fields. • Whiskey barrels and flower boxes removed from the field. • Temporary metal benches removed from right-of-way areas. • Daubenspeck Family Park seeded and trees planted (near shelters). • A total of 176 bags trash removed from park system; bag size is 60 gallons. • Swing set mats installed at Municipal Park and recapped some of the roads. • Stained cemetery gazebo. • Refurbished 6 picnic tables from various park areas. • Repaired damaged Kenai Library sign; needs installed. Page 159 of 165 (This page was intentionally left blank) Page 160 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: October 8, 2018 SUBJECT: Police & Communications Department Activity – September 2018 Police handled 796 calls for service. Dispatch received 282 9-1-1 calls, 228 of which came from cell phones. Officers made 62 arrests, one of which was a juvenile. Traffic enforcement resulted in 103 traffic contacts and 31 traffic citations. There were 7 DUI arrests (0 felony). Officers investigated 10 motor vehicle crashes. There were three collisions involving moose. There were two collisions involving drugs or alcohol. September training included: Two officers attended Field Training Officer (FTO) training in Homer. One officer attended defensive tactics instructor training in California. One police supervisor started the FBI National Academy in Virginia. Five dispatchers attended classes at the Alaska State Fire Conference which occurred in Kenai and Soldotna. The school resource officer participated in Kenai Central High homecoming activities, taught DARE classes at Mountain View Elementary, and monitored school intruder drills. 6926 2492 6395 2690 6055 2597 0 2000 4000 6000 8000 Total Police Service Calls 911 Calls Received 2018(Jan 1 - Sep 30)2017(Jan1 - Sep 30)2016(Jan 1 - Sep 30) Page 161 of 165 (This page was intentionally left blank) Page 162 of 165 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Kathy Romain, Senior Center Director DATE: October 9, 2018 SUBJECT: September Monthly Report September 2018 Home Meals NTS Choice Clients Meals Clients Meals 60+ Service Area 44 797 8 224 60+ Outside Service Area 1 22 1 27 Under 60 + Service Area 0 0 3 96 Under 60+ Outside Service Area 0 0 1 25 Subtotals 45 819 14 372 Total 1191 • During the month of September, 38 volunteers donated 441 hours of their time; 41 individuals used the Social Security Video Service; and, 1,122 congregate meals were served in the dining room. The Center was rented three times and held one memorial service. • The September Mystery Drive went in all different directions as they checked out the fall foliage through the golden forest on the way to Spirit Lake, then stopping at the Field of Flowers for a photo op, out East Redoubt to Moose Range Meadows and the boardwalk to the riverbank. They saw large dead King Salmon, many Pinks and even Silvers swimming right past the boardwalk. The trip ended with the traditional ice cream stop. A big thank you to volunteer Steve Latz for these amazing trips! • The Senior Center hosted the AARP Safe Driving Class with about 50 in attendance from around the Peninsula. • The Director hosted the Area Wide Senior Center Director’s Quarterly Meeting on September 27. Mary Toll, with the KPB Hazard Mitigation Plan Update spoke regarding suggestions made by various seniors. Topics regarding budget issues, meal pricing and memberships were also discussed by the Directors. • The Director and the Administrative Assistant continue to daily provide assistance to seniors requiring help with end of life issues, Senior Benefits, Medicare/Medicare, Heating Assistance, Food Box, SSA/SSDI, etc. Page 163 of 165 (This page was intentionally left blank) Page 164 of 165 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF : OCTOBER 17, 2018 VENDOR DESCRIPTION DEPT. MOTION & FLOW CONTROL PRODUCTS CARBIDE CUTTING EDGES AIRPORT LEGACY ELECTRIC FY19 STREET LIGHT REPAIRS/LOCATES STREET LIGHTING AIRSIDE SOLUTIONS TAXIWAY WIGWAG & WINDSOCKS AIRPORT ACCEL FIRE SYSTEMS VINTAGE PT DRY SPRINKLER FLUSHING CONG. HOUSING ACCOUNT AMOUNT OPERATING SUPPLIES 5,878.00 REPAIR & MAINTENANCE 14,000.00 OPERATING SUPPLIES 3,616 .98 CONSTRUCTION 10,777.44 Page 165 of 165 OCTOBER 17, 2018 CITY COUNCIL MEETING ADDITIONAL MATERIAL/REVISIONS REQUESTED REVISIONS TO THE AGENDA/PACKET: ACTION ITEM REQUESTED BY Remove item B.1. Bryr Harris Bryr Harris Add to item D.9. Resolution No. 2018-58 • Harvest Data Councilmember Knackstedt Add to item D. 10. Resolution No. 2018-59 • Public Comments City Clerk • 2007 Election Certification Councilmember Molloy Remove item G.2. Purchase Orders over $15,000 City Clerk From:laura sievert To:City Clerk Subject:Prop 1 Date:Saturday, October 13, 2018 7:14:33 AM To the City Council Members: Please remain neutral on Proposition 1. First, as elected officials you are supposed to represent us, not tell us how to vote. Second, your job is to take actions beneficial to the city of Kenai and its people. In the case of Proposition 1, aimed at protecting salmon habitat, arguments can be made that Kenai will benefit long-term from passage of the initiative- it is a fishing town, don't forget. You are free to vote against the proposition if you don't agree with its goals. But do not abuse your power and the trust that voters have in you by attempting to persuade them to vote a certain way on this controversial issue. Thank- you. Laura Sievert 3329 Beaver Loop, Kenai From:Paul Ostrander To:Bob Shavelson; Brian G. Gabriel, Sr.; Jamie Heinz Subject:RE: Stand for Salmon Ballot Initiative Date:Tuesday, October 16, 2018 8:19:18 AM Attachments:Inletkeeper Letter - City of Kenai 20181015.pdf Jamie – Please include in the laydown packet for Council. Paul From: Bob Shavelson <bob@inletkeeper.org> Sent: Monday, October 15, 2018 5:28 PM To: Brian G. Gabriel, Sr. <bgabriel@kenai.city> Cc: Paul Ostrander <postrander@kenai.city> Subject: Stand for Salmon Ballot Initiative Hi Mayor - Attached please find a letter regarding proposed Resolution 2018-59 on the Stand for Salmon Ballot Measure 1. Please share this with the City Council, and I'm happy to answer any questions. Thanks - Bob Shavelson Cook Inletkeeper 3734 Ben Walters Lane Homer, AK 99603 cell.907.299.3277 fax 907.235.4069 bob@inletkeeper.org www.inletkeeper.org October 15, 2018 VIA EMAIL ONLY (bgabriel@kenai.city) Brian Gabriel, Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mayor Gabriel: Cook Inletkeeper is a local group of concerned Alaskans who organized in the wake of the Exxon Valdez Oil Spill to protect the waters and fisheries of the Cook Inlet watershed. Inletkeeper now has over 8000 members and supporters throughout southcentral Alaska, and I’m writing today on their behalf. For the past 23 years, Inletkeeper has had a front row seat for Title 16 (aka Anadromous Fish Act) permitting activities in and around salmon habitat for hundreds of large and small projects. As a result, Inletkeeper is a strong proponent of the Stand for Salmon Ballot Measure 1, and I am writing now to address proposed Resolution 2018-59, “A Resolution of the Council of the City of Kenai, Alaska, opposing Ballot Measure 1, an ACT PROVIDING FOR THE PROTECTION OF WILD SALMON AND FISH AND WILDLIFE HABITAT. The Alaska Legislature adopted the Anadromous Fish Act (Title 16) shortly after statehood, and while well-intentioned at the time, it provides only a single, undefined standard – i.e. “proper protection” – when permitting projects that impact Alaska’s wild salmon habitat. Times change, and so too have population growth, tourism and development around our salmon streams. Yet today, Inletkeeper recognizes we are repeating the very same mistakes made in Europe, New England and the Pacific Northwest, where once-prolific salmon runs have been decimated by habitat and other impacts. While the proposed resolution highlights two projects (Kenai Bluff Stablization and AKLNG) as areas of concern, the larger concern appears to revolve around the uncertainly of passing the revised fish habitat standards in Ballot Measure 1, and what effects they may have. While that’s a valid concern, it should be noted that virtually any piece of legislation suffers this problem, because it’s difficult if not impossible to predict the future. That said, if Alaskans approve Ballot Measure 1, there will be ample opportunities for public and municipal engagement to ensure the law’s effects are not overly onerous: the Legislature will immediately have the authority to amend the law; ADF&G can and most likely will adopt Mayor Gabriel Letter October 15, 2018 Page 2 implementing regulations through a public notice and comment process under the Alaska Administrative Procedures Act; and, after two years, the Legislature can repeal the law altogether or amend it any way it sees fit. The Stand for Salmon Ballot Measure 1 debate has been marked by a high degree of fear, misinformation and uncertainly around the proposed laws effects. I have heard all the horror stories – from shutting down ANWR development, stopping AKLNG and closing down the Trans-Alaska Pipeline, to prompting commercial fishing closures and making ATV stream crossings and home garden plots illegal. None of this, of course, is true, and if there are municipal and other concerns with the new law, they can and will be remedied in the agency and legislative processes discussed above. The Stand for Salmon Ballot Measure 1 is an attempt to learn from the mistakes made Outside, and to protect Alaska’s greatest resource – our wild salmon. It injects objective scientific standards into our permitting process where none exist now, so there’s fairness and predictability around salmon habitat protection. Equally important, the Stand for Salmon Ballot Measure 1 provides Alaskans with public notice and an opportunity to comment on salmon habitat permits, which is not allowed today. As the “owners” of our fish and water resources under Article VIII of the Alaska Constitution, it’s only right that Alaskans have the ability to know about and weigh in on impacts to our salmon habitat. In closing, it’s clear the City of Kenai recognizes the important role healthy salmon habitat plays in our local economies and ways of life. I should note, the Soldotna City Council recently considered a resolution opposing the Stand for Salmon Ballot Measure 1, due to concerns around its sewage discharge into the Kenai River. In refusing to pass the resolution, one of the more persuasive arguments put forward by several Council people was that this is a citizens’ initiative, and citizens should have a right to vote on it without possible influence coming from their local government. Inletkeeper agrees with that sentiment, and we believe – regardless how any one Council person feels about the Stand for Salmon Ballot Initiative – that’s it’s inappropriate for the City of Kenai to take a formal position when there’s so much controversy swirling around. Thank you for your attention to this matter, and please feel free to contact me at 907.299.3277 or bob@inletkeeper if you have any questions. Yours for Cook Inlet, Bob Shavelson Inletkeeper Enc. Statement from Retired State & Federal Experts Supporting Ballot Measure 1 Cc: Paul Ostrander, City Manager (VIA EMAIL ONLY) Statement of Support for the Stand for Salmon Ballot Initiative from Retired State & Federal Scientists & Managers We the undersigned are retired state and federal agency scientists and managers with considerable experience in salmon biology, habitat and management in Alaska; Alaska boasts world-class salmon resources, and these resources support vital subsistence, commercial, sport and personal use sheries; ese sheries feed countless Alaskans, create important jobs and revenues for our local villages and communities, support Alaska’s tourism industry, and feed people around the world; Salmon occupy a critical role in the food chain and ecosystem where they support other species important for subsistence, personal use, tourism and guide industries; e repeal of the Alaska Coastal Management Program in 2011, along with related eorts to accelerate state and federal permitting eorts, have dangerously eroded salmon habitat protection in recent years; Salmon runs from Europe to New England and the Pacic Northwest have collapsed, and habitat impacts have played a signicant role in these declines; Alaska has an opportunity to learn from these habitat management mistakes, but today, we are simply repeating many of them; We recognize the inherent complexity of our salmon ecosystems, and while ocean conditions will continue to aect our salmon, increased development and use in our coastal watersheds – including large projects in sensitive areas - are a direct threat to healthy salmon runs now and in the future; e Alaska Anadromous Fish Act – also known as Title 16 – is the only law that specically protects salmon habitat in Alaska. No other state or federal law does what Title 16 does; Title 16 was adopted at statehood, and while it requires the “proper protection” of wild salmon, there is no denition in law for “proper protection;” Under the Alaska Constitution Article VIII, every Alaskan owns our public sh and water resources. Yet under current law, Alaskans have no right to public notice and comment on sh habitat permits; Alaska must modernize its outdated sh habitat protection law if we hope to maintain healthy salmon runs now and in the future; e Stand for Salmon Ballot Initiative 1 creates a reasonable balance between development and salmon habitat protection by adopting a series of well-considered standards for projects that may impact salmon habitat. at’s why we, the undersigned retired state and federal scientists and managers, strongly support the Stand for Salmon Ballot Initiative 1. (over) Mike Rearden, Refuge ManagerU.S. Fish & Wildlife Service (34 years, retired) Rich Gustafson, Fisheries BiologistAlaska Department of Fish & Game (38 years, retired) Ted Heuer, Refuge Manager U.S. Fish & Wildlife Service (30 years, retired) Dave Athons, Fisheries BiologistAlaska Department of Fish & Game (20 years, retired) Ann Rappaport, Field SupervisorU.S. Fish & Wildlife Service (19 years, retired) Loren Flagg, Fisheries BiologistAlaska Department of Fish & Game (19 years, retired) John Schoen, Conservation BiologistAlaska Department of Fish & Game (20 years, retired) Arthur Sowls, Wildlife BiologistU.S. Fish & Wildlife Service (38 years, retired) Tony DeGange, Chief, Ecological & Geol. ResearchU.S. Geological Survey (39 years, retired) Bill Butler, Wildlife Biologist/PilotU.S. Fish & Wildlife Service (30 years, retired) Kimball Sundberg, Fisheries BiologistAlaska Department of Fish & Game (22 years, retired) Bill Hauser, Fisheries Biologist Alaska Department of Fish & Game (retired, 38 yrs. exp.) Je Adams, Fish & Wildlife BiologistU.S. Fish & Wildlife Service (28 years, retired) Marilyn Sigman, Habitat BiologistAlaska Dept. Fish & Game/USFWS (15 years, retired) Nicky Szarzi, Fisheries BiologistAlaska Department of Fish & Game (22 years, retired) Mimi Hoag, Wildlife BiologistU.S. Fish & Wildlife Service (25 years, retired) Bill Larned, Habitat ManagerU.S. Fish & Wildlife Service (36 years, retired) Jeanne Hanson, Fisheries BiologistNOAA (26 years, retired) Phil Mundy, Fisheries BiologistADFG & NMFS (23 years, retired) Dave Mesiar, Fisheries BiologistAlaska Department of Fish & Game (34 years, retired) Danielle Jerry, Chief, Realty & Natural ResourcesU.S. Fish & Wildlife Service (29 years, retired) Drew Crawford, Fisheries BiologistAlaska Department of Fish & Game (35 years, retired) John DeLapp, Fish & Wildlife BiologistU.S. Fish & Wildlife Service (20 years, retired) Charlie Trowbridge, Fisheries BiologistAlaska Department of Fish & Game (29 years, retired) Earl Krygier, U.S. CommissionerN. Pac. Anadromous Fish Comm’n (38 Yrs. Fish.Mgmt, ret.) David Irons, Wildlife BiologistU.S. Fish & Wildlife Service (36 years, retired) Steve Albert, Fisheries BiologistAlaska Department of Fish & Game (27 years, retired) Je Fox, Fisheries BiologistAlaska Department of Fish & Game (28 years, retired) Roger MacCampbell, Chief Park RangerAlaska Dept. Natural Resources (31 years, retired) Dr. Kenneth Goldman Fisheries BiologistAlaska Department of Fish & Game (13 years, retired) Dick Marshall, Fisheries BiologistU.S. Fish & Wildlife Service (30 years, retired) James Brady, Comm. Fish SupervisorAlaska Department of Fish & Game (23 years, retired) Rick Sinnott, Wildlife BiologistAlaska Department of Fish & Game (28 years, retired) Ken Tarbox, Fisheries BiologistAlaska Department of Fish & Game (20 years, retired) Dr. Jim Ferguson, Habitat BiologistAlaska Depart. of Fish & Game/ADEC (18 years, retired) Nancy Hillstrand, Fisheries BiologistAlaska Department of Fish & Game (21 years, retired) Craig Ely, Research BiologistU.S. Geological Survey (29 years, retired) Larry Bright, Branch ChiefU.S. Fish & Wildlife Service (25 years, retired) Phil Brna, Habitat SupervisorAlaska Department of Fish & Game (20 years, retired) Leslie Morton, Natural Resources ManagerU.S. Dept. of the Navy, (14 years, retired) Bill Bechtol, Fisheries BiologistAlaska Department of Fish & Game (25 years, retired) Mark Kuwanda, Habitat BiologistAlaska Department of Fish & Game (30 years, retired) Katherine Rowell, Fisheries BiologistAlaska Department of Fish & Game (25 years, retired) Roger Harding, Fish Habitat CoordinatorAlaska Department of Fish & Game (32 years, retired) Tim Jennings, Asst. Regional DirectorU.S. Fish & Wildlife Service (29 years, retired) Bill Eldridge, Wildlife BiologistU.S. Fish & Wildlife Service (37 years, retired) Keith Pahlke, Fisheries BiologistAlaska Department of Fish & Game (32 years, retired) Debra Clausen, Fisheries BiologistAlaska Department of Fish & Game (21 years, retired) Willy Dunne, Fisheries Biologist Alaska Department of Fish & Game (19 years,retired) Dan Boone, Wildlife BiologistU.S. Fish & Wildlife Service (28 years, retired) Patt Berkhahn , Fisheries Biologist Alaska Department of Fish & Game (20 years, retired) Paid for by Cook Inletkeeper. Top 3 donors to Inletkeeper Action Fund are: John and Rika Mouw, Homer, Alaska ; David McCargo, Anchorage, Alaska; Peter Mjos, Anchorage, Alaska. From:Hunt, Cameron R To:Jamie Heinz Subject:Supporting Resolution to oppose Ballot Measure One Date:Tuesday, October 16, 2018 12:42:36 PM Kenai City Council, As a local business leader (Marathon Kenai Refinery General Manager) and resident, I want you to know my support of the Resolution that opposes Ballot Measure One. Thank you, Cameron Cameron Hunt General Manager, Kenai Refinery Marathon Petroleum Corporation o: (907) 776-3522 m: (808) 479-6151 Cameron.R.Hunt@Andeavor.com From:Bob Shavelson To:Paul Ostrander Cc:Brian G. Gabriel, Sr.; Jamie Heinz Subject:Re: Stand for Salmon Ballot Initiative Date:Tuesday, October 16, 2018 1:36:08 PM Attachments:S4S Ballot Measure 1.pdf Ballot Initiative Description (1).pdf Thanks Paul. After I sent the first email, I thought it might be helpful for Council to have the Initiative language and a narrative description. If you agree, both are attached. Thanks - Bob Cook Inletkeeper 3734 Ben Walters Lane Homer, AK 99603 cell.907.299.3277 fax 907.235.4069 bob@inletkeeper.org www.inletkeeper.org Love Cook Inlet? Make an extra gift to Cook Inletkeeper when you PICK.CLICK.GIVE. Or donate online. Together we can protect Alaska's Cook Inlet watershed. On Tue, Oct 16, 2018 at 8:19 AM, Paul Ostrander <postrander@kenai.city> wrote: Jamie – Please include in the laydown packet for Council. Paul From: Bob Shavelson <bob@inletkeeper.org> Sent: Monday, October 15, 2018 5:28 PM To: Brian G. Gabriel, Sr. <bgabriel@kenai.city> Cc: Paul Ostrander <postrander@kenai.city> Subject: Stand for Salmon Ballot Initiative Hi Mayor - Attached please find a letter regarding proposed Resolution 2018-59 on the Stand for Salmon Ballot Measure 1. Please share this with the City Council, and I'm happy to answer any questions. Thanks - Bob Shavelson Cook Inletkeeper 3734 Ben Walters Lane Homer, AK 99603 cell.907.299.3277 fax 907.235.4069 bob@inletkeeper.org www.inletkeeper.org 1 AN ACT ENTITLED "An Act providing for protection of wild salmon and fish and wildlife habitat" BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA: *Section 1. The uncodified law of the State of Alaska is amended by adding a section to read: Alaska Fish Habitat Policy. Because wild salmon are critically important to Alaska's communities, economies and cultures, it is the policy of the State of Alaska to: (a) ensure sustainable fisheries for current and future generations by maintaining wild salmon stocks, other anadromous fish species, and important fish and wildlife habitat; (b) protect water resources and habitat that support Alaska's wild salmon and other anadromous fish species; (c) ensure that development activities comply with enforceable standards that protect wild salmon, other anadromous fish species, and important fish and wildlife habitat; and (d) ensure that the Department of Fish and Game protects the natural fishery resources of Alaska consistent with Article VIII of the Alaska Constitution. *Section 2. AS 16.05 is amended by adding a new section to read: Sec. 16.05.867. Fish and wildlife habitat protection standards. (a) The commissioner shall ensure the proper protection of fish and wildlife, including protecting anadromous fish habitat from significant adverse effects. (b) When issuing a permit under AS 16.05.867-16.05.901, the commissioner shall ensure the proper protection of anadromous fish habitat by maintaining: (1) water quality and water temperature necessary to support anadromous fish habitat; (2) instream flows, the duration of flows, and natural and seasonal flow regimes; (3) safe, timely and efficient upstream and downstream passage of anadromous and native resident fish species to spawning, rearing, migration, and overwintering habitat; (4) habitat-dependent connections between anadromous fish habitat including surfacegroundwater connections; (5) stream, river and lake bank and bed stability; (6) aquatic habitat diversity, productivity, stability and function; (7) riparian areas that support adjacent fish and wildlife habitat; and (8) any additional criteria, consistent with the requirements of AS 16.05.867-AS 16.05.901, adopted by the commissioner by regulation. (c) The commissioner is authorized, in accordance with AS 44.62, to adopt regulations consistent with AS 16.05.867-16.05.901. All regulations, administrative actions and other duties carried out under this chapter shall be consistent with and in furtherance of the standards set out in this section. * Section 3. AS 16.05.871 is repealed and reenacted to read: Sec. 16.05.871. Fish habitat permit required for certain activites in anadromous fish habitat. (a) Except as provided under AS 16.05.891, a person must obtain an anadromous fish habitat permit under AS 16.05.867 - 16.05.901 before initiating any activity that may use, divert, obstruct, pollute, disturb or otherwise alter anadromous fish habitat. The commissioner may speciW in regulation activities that do not require an anadromous fish habitat permit if the activity has only a de minimis effect on anadromous fish habitat. 2 (b) The commissioner shall specify in regulation anadromous fish habitat. (c) In the absence of a specification under (b) or a site-specific determination by the department under (e) of this section, the commissioner shall presume that a naturally occurring permanent or seasonal surface water body, including all upstream tributaries and segments, is anadromous fish habitat if it is connected to anadromous waters specified under (b) of this section or connected to marine waters. (d) The presumption established under (c) of this section applies exclusively to AS 16.05.867- 16.05.901. (e) The department may conduct a site-specific review at the request of an applicant to determine whether to exclude a water body from the presumption established under (c) of this section. A determination that a water body is not anadromous fish habitat must be supported by the commissioner's written finding and verifiable documentation that it is not anandromous fish habitat. Any site-specific determination must be made available on the department's internet website with public notice provided through the Alaska Online Public Notice System (AS 44.62.175). The commissioner shall adopt regulations specifying how the department shall conduct site-specific reviews. (f) In this chapter, "anadromous fish habitat" means a naturally occurring permanent or intermittent seasonal water body, and the bed beneath, including all sloughs, backwaters, portions of the floodplain covered by the mean annual flood, and adjacent riparian areas, that contribute, directly or indirectly, to the spawning, rearing, migration, or overwintering of anadromous fish. *Section 4. AS 16.05 is amended by adding a new section to read: Sec. 16.05.875. Anadromous fish habitat permit application. (a) An applicant for an anadromous fish habitat permit shall complete an application on a form approved by the department for a permit under AS 16.05.867-16.05.901 and submit the application to the department. The commissioner shall require or collect all information, plans and specifications necessary to assess the proposed activity's potential adverse effects on anadromous fish habitat, and may collect or request additional information to evaluate an application. An applicant shall provide all information required or requested by the commissioner to assess a proposed activity's effects on anadromous fish habitat, including (l) the scope, timing and duration of the proposed activity; and (2) mitigation measures planned for areas of affected anadromous fish habitat. (b) Upon receiving a complete fish habitat permit application and any other information requested or collected by the commissioner, the commissioner shall determine whether the proposed activity has the potential to cause significant adverse effects on anadromous fish habitat under AS 16.05.877(a). Before making the determination, the commissioner may work with the applicant in planning the activity to avoid or minimize the activity's potential adverse effects on anadromous fish habitat. (c) If the commissioner finds that a proposed activity with proposed conditions and mitigation measures will not cause significant adverse effects to anadromous fish habitat under AS 16.05.877(a), the commissioner shall determine the application is for a minor anadromous fish habitat permit under AS 16.05.883. (d) If the commissioner finds that a proposed activity has the potential to cause significant adverse effects to anadromous fish habitat under AS 16.05.877(a), the commissioner shall determine the application is for a major anadromous fish habitat permit under AS 16.05.885. (e) The department shall provide public notice of a determination made under this section. The department shall (l) post notice of the determination on the Alaska Online Public Notice System (AS 44.62.175)•, and (2) make a copy of the application available on the department's website. 3 * Section 5. AS 16.05 is amended by adding a new section to read: Sec. 16.05.877. Significant adverse effects. (a) The commissioner shall find the potential for significant adverse effects where the activity may, singly or in combination with other factors: (l) impair or degrade any habitat characteristic protected under AS 16.05.867; (2) interfere with or prevent the spawning, rearing, or migration of anadromous fish at any life stage; (3) result in conditions known to cause increased mortality of anadromous fish at any life stage; (4) lower the capacity of anadromous waters to maintain aquatic diversity, productivity or stability; or (5) impair any additional criteria, consistent with the requirements of AS 16.05.867- 16.05.901, adopted by the commissioner through regulation. (b) The commissioner shall find that the proposed activity will cause substantial damage to anadromous fish habitat and fish and wildlife species if, despite the application of scientifically proven, peer reviewed and accepted mitigation measures under AS 16.05.887, the anadromous fish habitat will be adversely affected such that it will not likely recover or be restored within a reasonable period to a level that sustains the water body's, or portion of the water bodYs, anadromous fish, other fish, and wildlife that depend on the health and productivity of that anadromous fish habitat. (c) In determining whether anadromous fish habitat will recover or be restored within a reasonable period under this section, the commissioner shall account for the life stage, life span, and reproductive behavior of the species of anadromous fish that depend on the habitat adversely affected by the proposed activity using the best available scientific information. (d) In determining whether adversely affected anadromous fish species will remain sustainable and recover , the commissioner shall consider likely post-project conditions known to result in the mortality of anadromous fish at any life stage, and known to interfere with or prevent spawning, rearing or migration of anadromous fish using the best available scientific information. *Section 6. AS 16.05 is amended by adding new sections to read: Sec. 16.05.883. Minor individual anadromous fish habitat permit. (a) A minor anadromous fish habitat permit may be issued by the commissioner for an activity if the commissioner determines that: (l) all application requirments under AS 16.05.875 are met, including the determination that the activity will not cause significant adverse effects to anadromous fish habitat; and (2) public notice has been given as required in AS 16.05.875(e). (b) The minor anadromous fish habitat permit under this section must include all permit conditions or mitigation measures required of the permittee under AS 16.05.887. Sec. 16.05.884. General permits for minor activities. (a) The commissioner may authorize a general permit on a regional or other geographical basis for similar activities, ifthe commissioner determines that: (1) the activity will not singly or cumulatively cause significant adverse effects on anadromous fish habitat; (2) the activity is not related to large-scale development; (3) adverse effects can be avoided by meeting certain conditions and stipulations; (4) any conditions or stipulations are mandatory and enforceable; and (5) a general permit is in the public interest. (b) The commissioner may issue a proposed general permit or a person may petition the commissioner to issue a proposed general permit. 4 (c) A petition shall include a description of the geographic location and the proposed permitted activity and provide information explaining how the activity meets the requirements under (a) of this section. The commissioner shall determine whether to grant or deny a petition within 30 days. (d) When the commissioner makes a determination to propose a general permit under (b) or (c) of this section, the commissioner shall provide public notice of the proposed general permit and provide at least 30 days for receipt of public comments. The commissioner shall hold at least one public hearing if requested by an interested person. If the proposed general permit meets the requirements in (a) of this section, the commissioner may make a determination to issue a general permit. (e) The commissioner may issue a regional or geographical authorization to cover any person conducting an activity under a general permit or require a person to first obtain a written authorization from the department before being covered under the general permit. The department shall make general permit authorizations available through electronic means. The commissioner shall issue a decision on a request for written authorization within 5 work days after receiving the request. The general permit authorization shall set forth enforceable stipulations to avoid adverse effects to anadromous fish habitat. (f) The commissioner shall review a general permit at least every 5 years. The commissioner may make a determination to reissue the general permit if the requirements under (d) of this section are met. (g) The commissioner may amend a general permit at any time to include additional stipulations. The commissioner may rescind a general permit if the commissioner determines that the general permit no longer meets the requirements of (a) of this section. The commissioner shall issue public notice of any proposed permit amendment or the intent to rescind a general permit, and shall provide at least 30 days for receipt of public comments. (h) Notice under this section shall be provided in accordance with AS 16.05.875(e). Sec. 16005.885. Major anadromous fish habitat permit. (a) Unless reconsideration is requested under AS 16.05.889, the commissioner shall, after providing notice under AS 16.05.875(e) of a determination under AS 16.05.875(d), prepare a draft major anadromous fish habitat permit assessment that identifies and describes: (1) the proposed activity; (2) the extent, timing and duration of the potential adverse effects the activity could have on anadromous fish habitat and other fish and wildlife; (3) possible alternatives or modifications to the proposed activity that will avoid or minimize the activity's potential adverse effects on anadromous fish habitat; (4) any permit conditions and mitigation measures that the department may require of the permittee under AS 16.05.887; (5) the amount of the performance bond necessary to restore anadromous fish habitat if the permittee is not in compliance with the permit conditions and mitigation measures required under AS 16.05.887; and (6) the commissioner's determination of whether the proposed activity's significant adverse effects, singly or in combination with other factors: (A) will be prevented or minimized under AS 16.05.887; or (B) will cause substantial damage to anadromous fish habitat under AS 16.05.877(b). (b) The commissioner shall collect, or require the applicant to collect, the information needed for permitting. The commissioner may recover fees equal to the cost of services for collecting the information and conducting the fish habitat permit assessment. (c) Upon completion of the draft assessment under (a) of this section, the department shall: 5 (1) post notice on the Alaska Online Public Notice System (AS 44.62.175); (2) make a copy of the draft assessment available on the department's website; and (3) provide at least 30 days for public comment. (d) After the completion of the comment period established by (c)(3) of this section and evaluation of the comments received, the commissioner shall publish a final assessment and a written permit determination on the department's website. The final assessment must include all of the components required for a draft assessment under (a) of this section. The written permit determination shall set forth the reasons for the decision and the basis for concluding that the requirements of AS 16.05.887 and of (e) of this section are met. The deparfrnent shall post public notice of the final assessment and permit determination on the Alaska Online Public Notice System (AS 44.62.175) and provide written or electronic notice to each person who commented on the commissioner's determination that the application for the permitted activity was an application for a major permit under AS 16.05.875(d) or on the draft assessment prepared under (a) of this section for the activity. (e) The commissioner may issue a major permit to an applicant only if: (l) the public notice period required under (c) of this section is complete; (2) any permit conditions and mitigation measures under AS 16.05.887 are mandatory and enforceable; (3) the activity, as authorized by the written permit determination, will not cause substantial damage to anadromous fish habitat under AS 16.05.877(b); (4) the applicant, if required, provides the bond required by (g) of this section; and (5) a request for reconsideration of the commissioner's final assessment and written determination under (d) of this section is not timely received under AS 16.05.889. (f) If request for reconsideration ofthe commissioner's final assessment and written determination issued under (d) of this section is timely received under AS 16.05.889(a), the commissioner shall issue a major permit for the activity when the commissioner (l) denies the request for reconsideration or issues a new determination under AS 16.05.889(c); and (2) finds that the requirements of (e) of this section have been met. (g) After the commissioner issues a written permit determination under (d) of this section, the applicant shall file with the commissioner, on a form furnished by the commissioner, a performance bond in an amount established by the commissioner payable to the State of Alaska and conditioned on faithful performance of the requirements of this chapter and the permit. The commissioner may not issue a permit until an applicant files the bond in an amount sufficient to ensure compliance with permit terms and the completion of the mitigation measures determined necessary by the commissioner under AS 16.05.887 and included in the written permit determination posted under (d) of this section. The performance bond may be a corporate surety bond issued by a corporation licensed to do business in the state or a personal bond secured by cash or its equivalent. The commissioner may not accept a bond executed by the applicant without separate surety. (h) A governmental entity or federally recognized tribe is exempt from the bonding requirements of this section. (i) A permittee may not transfer or assign authority to conduct an activity that requires a permit under this section to another person without: (1) the written approval of the commissioner; and (2) posting a performance bond for the transferee or assignee as required under (g) of this section, unless the transferee or assignee is exempt under (h) of this section. (j) In this section "federally recognized tribe" has the meaning given in AS 23.20.520. *Section 7. AS 16.05 is amended by adding a new section to read: 6 Sec. 16.05.887. Permit conditions and mitigation measures. (a) The commissioner shall prevent or minimize significant adverse effects to anadromous fish habitat. The commissioner shall require a permittee under AS 16.05.885 to implement the permitted activity in a manner that avoids significant adverse effects to anadromous fish habitat or, if significant adverse effects cannot be avoided, to mitigate significant adverse effects to fish and wildlife including anadromous fish habitat under (b) of this section. Notwithstanding (b) of this section, an anadromous fish habitat permit may not be granted for an activity that will: (1) cause substantial damage to anadromous fish habitat under AS 16.05.877(b); (2) fail to ensure the proper protection of fish and wildlife; (3) store or dispose of mining waste, including overburden, waste rock, and tailings in a way that could result in the release or discharge of sulfuric acid, other acids, dissolved metals, toxic pollutants, or other compounds that will adversely affect, directly or indirectly, anadromous fish habitat, fish, or wildlife species that depend on anadromous fish habitat; (4) replace or supplement, in full or in part, a wild fish population with a hatchery-dependent fish population; (5) withdraw water from anadromous fish habitat in an amount that will adversely affect anadromous fish habitat, fish, or wildlife species; or (6) dewater and relocate a stream or river if the relocation does not provide for fish passage or will adversely affect anadromous fish habitat, fish, or wildlife species. (b) When establishing permit conditions for an activity, the commissioner shall, in order of priority, require a permittee under AS 16.05.883, AS 16.05.884, or AS 16.05.885 to mitigate adverse effects by taking one or more of the following actions: (1) limit adverse effects of the activity on anadromous fish habitat by changing the siting, timing, procedure, or other manageable qualities of the activity; (2) if the adverse effects of the activity cannot be prevented under (l) of this subsection, minimize the adverse effects of the activity by limiting the degree, magnitude, duration, or implementation of the activity, including implementing protective measures or control technologies; and (3) if the activity cannot be implemented in a manner that prevents adverse effects to anadromous fish habitat under this subsection, restore the affected anadromous fish habitat. (c) Permit conditions and mitigation measures under this section may not offset the activity's adverse effects by restoring, establishing, enhancing, or preserving another water body, other portions of the same water body, or land. (d) The commissioner shall require an applicant to employ the best available, scientifically supported techniques to mitigate adverse effects under (b) of this section. (e) The department may adopt regulations consistent with AS 16.05.867 - 16.05.901 establishing appropriate permit conditions and mitigation measures applicable to activities subject to permitting requirements under AS 16.05.883, AS 16.05.884 or AS 16.05.885. *Section 8. AS 16.05 is amended by adding a new section to read: Sec. 16.05.889. Reconsideration of determinations. (a) Within 30 days after the date of a determination of the commissioner under AS 16.05.871(e), AS 16.05.875@) or (d), AS 16.05.883, AS 16.05.884(d) or (f), or AS 16.05.885(d), any interested person may request that the commissioner reconsider the determination. A request for reconsideration must be in writing. (b) Within 30 days after receiving a request for reconsideration, the commissioner shall issue a written determination granting or denying the request. If the commissioner does not act on 7 the request for reconsideration within 30 days after•receiving the request, the request is denied. If the commissioner grants the request for reconsideration, the commissioner will issue a final determination within 30 days. (c) Unless the commissioner orders a remand for further agency proceedings, the commissioner's determination upon reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560. A person shall initiate an appeal within 30 days after the date that the final determination is mailed or otherwise distributed, or the date that the request for reconsideration is considered denied by the commissioner's failure to act on the request, whichever is earlier. *Section 9. AS 16.05 is amended by adding new sections to read: Sec. 16.05.894. Notification of violation. When the commissioner finds, after investigation, that a person is violating a provision of AS 16.05.867-16.05.901, a regulation adopted under AS 16.05.867-16.05.901, a permit condition or stipulation imposed under AS 16.05.884, or a permit condition or mitigation measure imposed under AS 16.05.883 or AS 16.05.885, the commissioner shall notify the permittee of the nature of the violation and: (l) order that the violation be stopped; or (2) if the violation cannot be stopped, order the permittee to prevent or mitigate the adverse effects of the violation on anadromous fish habitat, fish and wildlife, and other adversely affected resources in a manner consistent with AS 16.05.867-16.05.901. *Section 10. AS 16.05.901(a) is amended to read: Sec. 16.05.901. Penalty for violations of AS 16.05.867-16.05.901 [16.05.8961. (a) A person who, with criminal negligence, violates or permits a violation of AS 16.05.86716.05.901, a regulation adopted under AS 16.05.867-16.05.901, a permit condition or stipulation imposed under AS 16.05.884, a permit condition or mitigation measure imposed under AS 16.05.883 or AS 16.05.885, or an order issued under AS 16.05.894 is guilty of a class A misdemeanor and is punishable as provided in AS 12.55. In this subsection, "criminal negligence" has the meaning given in AS 16.81.900(a). *Section 11. AS 16.05.901 is amended by adding new subsections to read: (c) Notwithstanding (a) of this section, if a person or governmental agency fails to notify the commissioner of an activity for which a permit is required under AS 16.05.867-16.05.901 and the activity causes material damage to anadromous fish habitat or, by neglect or noncompliance with permit conditions and stipulations imposed under AS 16.05.884 or permit conditions or mitigation measures imposed under AS 16.05.883 or AS 16.05.885, causes material damage to anadromous fish habitat, the person or governmental agency is guilty of a class A misdemeanor and is punishable as provided in AS 12.55. (d) Each day that a violation under this section occurs or continues is a separate violation. (e) A person who violates or permits a violation of AS 16.05.867-16.05.901, or a regulation adopted under AS 16.05.867-16.05.901, a permit condition or stipulation imposed under AS 16.05.884, a permit condition or mitigation measure imposed under AS 16.05.883 or AS 16.05.885, or an order issued under AS 16.05.894 is liable, after notice and hearing, for a civil penalty in an amount not to exceed $10,000 to be assessed by the commissioner. In determining the amount of the civil penalty, the commissioner shall consider: 8 (1) the character and degree of injury to anadromous fish, other fish, and wildlife habitat; (2) the degree of intent or negligence of the respondent in causing or permitting the violation; (3) the character and number of past violations caused or permitted by the respondent; and (4) if the information is available, the net economic savings realized by the respondent through the violation. (f) If a respondent violates an order issued under AS 16.05.894, the attorney general, upon the request of the commissioner, may seek an injunction requiring the respondent to suspend an activity, in whole or in part, until the respondent complies with the order. (g) If a respondent violates an order issued under AS 16.05.894 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent shall be liable for the cost of the repair. The commissioner shall deliver to the respondent an itemized statement of expenses incurred. (h) The supreme court shall establish by order or rule a schedule of bail amounts for violations under (a) of this section that allow the disposition of a citation without a court appearance. The bail amount for a violation must be stated on the citation. *Section 12. AS 16.05 is amended by adding new sections to read: Sec. 16.05. Scope. The provisions of this Act do not apply to existing activities, operations, or facilities that have received all required federal, state, and local permits, authorizations, licenses, and approvals for activities adversely affecting anadromous fish habitat, on or before the effective date of this Act, until expiration or termination of the user's permit, authorization, license, or approval. *Section 13. AS 16.05.851 and AS 16.05.896 are repealed. AS 16.05.851 and AS 16.05.896 are repealed. *Section 14. The uncodified law of the State of Alaska is amended by adding a section to read: The provisions of this Act are independent and severable. If any provision of this Act is found to be invalid or unconstitutional, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible. Ballot Initiative Description Section 1. 16.05. Alaska fish habitat policy. This section establishes the intent of the fish habitat protection and permitting law. Section 2. 16.05.867. Fish and wildlife habitat protection standards. This section creates enforceable habitat protection standards to identify important habitat characteristics, like water quality, instream flow levels, fish passage, and riparian areas that need to be maintained to protect and support the sustainability of Alaska’s fisheries and guide responsible development. Section 3. 16.05.871. Fish habitat permit required for certain activities in anadromous fish habitat. This section retains the language from the current statute to describe the type of activities that require a fish habitat permit to avoid any confusion about what activities are regulated under the proposed ballot language. Section 3 also creates a presumption that all tributaries and upstream reaches of a water body listed in the AWC, as well as, any unlisted water body that is connected to marine waters is presumed anadromous unless proven otherwise. Under current law, each anadromous waterbody must be field sampled and then nominated to be included in the Anadromous Waters Catalog (AWC). In fact, the AWC often has arbitrary lines drawn at the halfway point of a river or stream because the line represents the farthest upstream reach that the field crew sampled. The presumption effectively expands ADF&G’s jurisdiction to protect fish habitat, but allows for applicants to request a site specific determination if they believe that a water should be excluded from the presumption and therefore exempt from fish habitat permitting. Under the ballot initiative, the anadromous waters presumption applies exclusively to the fish habitat protection and permitting law. Section 4. 16.05.875. Anadromous fish habitat permit. This section creates a two-tier permitting system to streamline permits for minor activities and provide more scrutiny for proposed activities that are more complex and have the potential to cause significant adverse effects to anadromous fish habitat. Section 5. 16.05.877. Significant adverse effects. This section creates guidelines to identify proposed activities that have the potential to cause significant adverse effects to anadromous fish habitat. It serves as the test for whether an activity should be processed as a minor or major permit. This section also defines the upper limit of damage to fish habitat that will be permitted under the law. If the commissioner determines that the activity will cause “substantial damage” to anadromous fish habitat the permit will be denied. Section 6. 16.05.883. Minor individual anadromous fish habitat permit. This section creates the minor permit process. Minor permits are for activities that will not cause significant adverse effects to anadromous fish habitat. Before issuing a permit, the commissioner is required to issue public notice and impose any necessary stipulations or conditions in the permit to avoid or minimize adverse effects to anadromous fish habitat. Section 6. 16.05.884. General permits for minor activities. This section provides ADF&G with the authority to issue general permits for similar activities that will not adversely affect anadromous fish habitat. General permits can be issued on a regional or other geographic basis rather than requiring ADF&G to issue individual minor permits to each permittee. Under current law, ADF&G issues general permits for activities like stream crossings for light vehicles (i.e., ATV and snow machine) in areas frequented for recreational enjoyment and for geographies in rural Alaska where light vehicles are used as the main form of transportation. This section explicitly allows for that practice to continue but it also sets forth a public process so ADF&G can collect public input and create general permits to address regional concerns and needs. Section 6. 16.05.885. Major anadromous fish habitat permit. This section establishes the major permit process to provide more scrutiny of proposed activities that have the potential to cause significant adverse effects to anadromous fish habitat. It requires the commissioner to prepare a fish habitat permit assessment that details the activity, the potential effects, possible alternatives or modification to the activity, proposed permit conditions, and the amount of bonding needed to perform required mitigation. This process allows the commissioner to gather the kind of information, at the applicant’s expense, that can help inform the types of mitigation requirements and permit conditions that are necessary to protect fish habitat. It also gives Alaskans a voice in the permitting process by providing public notice and an opportunity to participate in important decisions that may harm fish habitat. The current law does not provide for any public notice or opportunity to participate in the process. Section 7. 16.05.887. Permit conditions and mitigation measures. This section promotes responsible development by requiring the commissioner to avoid or minimize adverse effects to fish habitat before issuing a permit. This section also prohibits the commissioner from issuing a permit that relies on certain kinds of mitigation plans that have been shown to result in long-term damage to fisheries, or from issuing a permit that will cause substantial damage to fish habitat. Section 8. 16.05.889. Reconsideration of determinations. This section provides for interested individuals to request reconsideration of determinations made under this chapter. It also provides for judicial review of final agency determinations. Under current law, only the applicant can challenge a permit decision by the department. Section 9. 16.05.894. Notification of violation. This section establishes protocols that the commissioner mush follow to notify a person of a violation of a permit condition or stipulation. Sections 10 and 11. 16.05.901. Penalty for violations. This section improves enforcement of permits by authorizing ADF&G to issue bailable citations (i.e., tickets) and civil penalties to respond to permit violations in addition to pursuing misdemeanor criminal action if necessary. Section 12. This section repeals to provisions of current law that conflict with the new language. Section 13. This section establishes a severability clause to preserve all other provisions of the ballot if any provision is found to be invalid or unconstitutional. From:Joe Warchola To:Jamie Heinz Subject:Ballot Measure 1 Date:Tuesday, October 16, 2018 1:01:28 PM I strongly oppose Ballot Measure 1. It is backed by environmentalist that do nothing for wildlife conversation. All they do is oppose the use of our resources, delay development of projects that brings jobs to Alaskans and boosts our economy, and adds useless regulations that in general, hurts all Alaskans. The people of Alaska that are hunters and fishermen are the true conservations. The money received from the sales of licenses, sporting goods, etc. is what funds most conservation programs. Thank you for your time considering my beliefs. Joe Warchola Peak Oilfield Service Company Project Manager 907-776-3882 office 907-398-9315 cell Joe.Warchola@peakalaska.com From:Johna Beech To:Jamie Heinz Subject:KCCVC Resolution Opposing Ballot Measure 1 Date:Tuesday, October 16, 2018 12:45:08 PM Attachments:KCCVC Resolution 2018-02 Signed.pdf Not sure if this was sent along already. Thank you, Johna Beech President/COO Kenai Chamber of Commerce and Visitor Center 11471 Kenai Spur Hwy Kenai, AK 99611 Main: 907.283.1991 Direct: 907.283.3127 Fax: 907.283.2230 From:Linda Hutchings To:Jamie Heinz Subject:Resolution Date:Tuesday, October 16, 2018 3:01:26 PM Attachments:image001.png Mayor Gabriel and Council Members of the City of Kenai, I urge you to pass Resolution 2018-59 opposing Ballot Measure 1. I have read the Initiative and am concerned. Eliminating the Anadromous Stream Act, Fish Passage Ways Act and 18 other Federal and State Regulations that control habitat is not a reasonable solution to promoting safe Salmon Habitat. Our fresh water habitat and watershed are sound. Our fish issues come from the ocean – warm water, natural disasters (tsunamis, earthquakes) and high seas pirates. I am sure you all remember this summer when the Coast Guard boarded an illegal Chinese fishing vessel carrying 80 tons of salmon and a ton of squid. These are some of the problems with our salmon returns not our fresh water habitat. I love our communities and State and I have always supported science based fish habitat but Ballot Measure 1 is not about the Salmon it is about shutting down the State of Alaska – we have been extracting oil, gas, and minerals in a thoughtful, safe and environmentally sound manner and thereby giving the residents of the State of Alaska a number of bonuses – no income tax, no sales tax, PFD, excellent education, schools, hospitals roads and bridges – not to mention parks both city and State Please vote to approve Resolution 2018-59. Thank you, Linda Hutchings Linda Hutchings PO Box 895 Soldotna, AK 99669 907-262-5891 Fax-260-7989 From:Jim Udelhoven To:Jamie Heinz Subject:Vote no on # ! Date:Tuesday, October 16, 2018 3:47:47 PM I strongly support the vote no on # 1 effort. The salmon are well regulated in this state by some very professional people and this bill will destroy thousands of jobs for years to come. Alaskan's care about this, environmentalist do not care about this. James Udelhoven CEO Udelhoven Company's From:Cam Choy To:City Clerk Subject:Resolution #2018-59 Date:Wednesday, October 17, 2018 8:40:50 AM To whom it may concern, I am writing to state my objection against Resolution 2018-59 being voted on by the city. This is an issue which needs to remain in the hands of the voters who will decide the outcome of Ballot Measure 1. I wish to have my vote count and not overridden by the city. Sincerely, Cam Choy Kenai resident From:Scott Davis To:Jamie Heinz Subject:Letter to City Council & Mayor of Kenai Date:Wednesday, October 17, 2018 8:17:43 AM To: Kenai City Council Members & Mayor Gabriel We’re writing to encourage the Kenai City Council to approve the resolution opposing ballot measure 1, the salmon initiative. Our company has been in business on the Kenai Peninsula for over 40 years. Our customers include the oil, gas, mining, tourism and fishing industries. But most importantly we also provide the materials to the local fisherman or slope worker for projects like a new home, landscaping and recreational sites. Our concern with this initiative is the higher costs of doing business in Alaska once more regulations are put in place. This will impact all goods and services provided from a yard of concrete to a local home owner to higher sales tax to cover Municipal and Borough projects. We all want to “save our salmon” but this salmon initiative is so vague no one actually knows how far it will affect current permits because the rules and regulations required to implement the Act have not been developed nor defined. In short, laws and regulations of this nature should be taken up by our legislature and should go through the legislative process rather than voted on with a ballot initiative. PLEASE VOTE “YES” ON THE RESOLUTION AND “NO” ON NOV. 6TH. Regards, Scott Davis President and owner of Davis Block Co., Inc. Board Member of Alaska’s Support Industry Alliance Regina Daniels Vice President of Davis Block & Co., Inc. Board Member of Associated General Contractors of Alaska From:Owen Phillips To:City Clerk Subject:Letter of Support -- Council Meeting 10/17 Date:Wednesday, October 17, 2018 9:36:37 AM Attachments:Letter to Kenai--Farm Bureau.docx Jamie, I received a letter from the Farm Bureau with regard to tonight's hearing, so I am passing it along. Best, Owen P. -- Owen Phillips Stand for Alaska -- Vote No on 1 Kenai Peninsula Regional Field Coordinator 907-953-2207 To: Kenai City Council Members & Mayor Gabriel I am writing to urge the City of Kenai to pass the proposed resolution opposing Ballot Measure 1. Ballot Measure 1 is very concerning to a farmer, since it could restrict or jeopardize agricultural development in Alaska. Protecting salmon is important, as is building Alaska’s food security and stabilizing our economy; these should be done without pitting one over the other. Farming already comes with many challenges and farming in Alaska has extra costs and less infrastructure than other states since we are a young state that is not connected to the continental U.S.. Currently Alaska ships in about 95% of its food and is very vulnerable to delays in the transportation system (natural disasters, strikes, etc.). Our grocery stores only have about 3-5 day supply of most food items - it does not take a long delay in shipping to see bare shelves. Having successful farmers increases our ability to feed Alaskans. Piling on costs and burdens through unnecessary regulations makes it harder for farmers to succeed, which makes it harder to increase our food security. As a farmer on the Kenai Peninsula, Ballot Measure 1 will negatively impact my family's farm. One example - we grow hay to feed our animals and every spring, like most farmers, we fertilize our hay field. As Ballot Measure 1 is written we would need to get a permit for this since there is a ditch behind the field that has spring run-off - even though this run-off is not directly going into salmon habitat. Fertilizer is not cheap; we are not dumping on excessive amounts but putting on just enough to feed the grass. We time fertilizing with the rain so it is washed to the roots of the grass but not washed away completely. Requiring a permit for this traditional activity only adds another layer of cost and regulation to farmers and ranchers. Ballot Measure 1 has not gone through the public process of hearings and discussion on impacts to industry, jobs and the economy. There may be some improvements that could be made to the existing science-based fish habitat laws, but it should be done openly and with input from the public and affected industries, including agriculture, that would be impacted by the changes. Passage of Ballot Measure 1 could have serious unintended consequences for Alaska’s farmers and ranchers - and may not do anything to help the salmon runs. Please vote “Yes” on this resolution and “No” on Ballot Measure 1. Respectfully, Amy Seitz, Executive Director Alaska Farm Bureau Kenai Peninsula Farmer From:clfreas@acsalaska.net To:City Clerk Subject:Resolution No. 2018-59, Opposing Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitate Date:Wednesday, October 17, 2018 11:54:24 AM Attachments:10172018 Ballot Measure No 1 letter to council.docx Jamie, Please provide copies of my attached letter to the City Council at tonight's (Wednesday, October 17 regular meeting. Thank you. Carol L. Freas October 17, 2018 Mayor and Council Members City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: Resolution No. 2018-59, Opposing Ballot Measure 1, An Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. Dear Mayor and Council Members, I have read Resolution No. 2018-59 and its attached memorandum and understand from where the writers of the documents may be considering their effort of opposition. I believe, however, it is not appropriate for the Kenai City Council to consider the resolution inasmuch as this is a statewide issue. The issue of Ballot Measure No. 1 is complicated. A true degree of how the issue is viewed by the voters of Alaska will not be known until all the votes are counted from the November 6, 2018 State of Alaska General Election. As Kenai City Council Members, you were elected to represent all the citizens of Kenai. The opposition by the Kenai City Council to the State’s Ballot Measure No. 1, as requested in Resolution No. 2018-59, will not represent all the citizens of Kenai. To my knowledge, there has not been any effort to learn how the majority of citizens feel on the subject be it through a special election, phone survey, etc. I do not believe it is appropriate for the Kenai City Council to, in effect, direct or motivate the citizenry of Kenai how to vote on the issue. If City of Kenai Resolution No. 2018-59 is brought onto the table for action, please vote no. Whether you agree or disagree with the State’s Ballot Measure No. 1, it is inappropriate for the Kenai City Council to influence voters how to vote. Carol L. Freas 609 Maple Drive Kenai, AK 99611 From:Lori Nelson Subject:Hilcorp is Standing for Alaska Date:Wednesday, October 17, 2018 2:16:56 PM Good Afternoon – I am pleased to learn that the Council will be considering a resolution that supports a No vote on Ballot Measure 1. As you may already know, Hilcorp joined the Stand for Alaska Vote No on 1 coalition early on. We did so because Ballot Measure 1 threatens our ability to continue oil and gas development in Cook Inlet and on the North Slope. Increased costs, red tape and delays will constantly challenge and potentially take away our ability to continue providing Southcentral Alaskans with the necessary energy to heat their homes and to execute projects that aim to increase production on the North Slope. As a major employer on the Kenai, we have been informing our employees on the issue and encouraging them to Vote No on 1. Thanks for your time and for your public service. Lori Nelson | Manager, Public Affairs | Hilcorp Alaska, LLC O: 907.777.8392 | F: 907.777.8590 | lnelson@hilcorp.com 3800 Centerpoint Dr., Suite 1400 | Anchorage | Alaska | 99503 This email may contain confidential and / or privileged information and is intended for the recipient(s) only. In the event you receive this message in error, please notify me and delete the message. From:Gerald Brookman To:Jamie Heinz Subject:Resolution NO. 2018-59 Date:Wednesday, October 17, 2018 2:26:24 PM From: Gerald R. Brookman, 715 Muir Avenue, Kenai, Alaska 99611-8816 To: Kenai City Council Subject: RESOLUTION NO. 2018-59 I have read the subject proposal and it's attachments. I believe I understand the arguments in favor of this proposal; however, I believe that there are good and sufficient reasons against it's passage and I urge you to vote NO on it. I do not believe that the city council should take a position on this matter. Sincerely, Gerald R. Brookman (Kenai resident since 1958, Alaska resident since 1957) From:Melissa Tuttle To:City Clerk Subject:RESOLUTION NO. 2018-59 Date:Wednesday, October 17, 2018 3:13:25 PM I am surprised and distressed that the City of Kenai is bringing forth Resolution No. 2018- 59 Opposing Ballot Measure 1, an act providing for the protection of wild Salmon and Fish and Wildlife habitat. There is a vote on this issue on Nov. 6th, the City of Kenai should not take a stance on this issue and instead allow the voters to decide. I appreciate Mr. Navarre's fears regarding the " the City’s number one capital priority, the Kenai Bluff Stabilization Project, and other important infrastructure improvements including roads and a Liquefied Natural Gas pipeline with a terminus in Nikiski". My personal belief is that Ballot measure one will allow Kenai to develop AND consider salmon. I feel better about any project that is willing to take the time to invest in Kenai Salmon. Melissa Tuttle mjtuttle@alaska,edu 51402 Josie St Nikiski, AK, 99635 Kenai City Council Meeting Page 1 of 4 October 17, 2018 ACTION AGENDA KENAI CITY COUNCIL – REGULAR MEETING OCTOBER 17, 2018 – 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. CERTIFIED UNANIMOUSLY. Certification of Election 4. OATH ADMINISTERED TO COUNCIL MEMBERS MOLLOY AND PETERKIN. Administer Oaths of Office 5. Agenda Approval 6. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) 1. Bryr Harris, Kenai Peninsula Borough River Center – Overview of Floodplain Zones and the National Flood Insurance Program (NFIP). C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED UNANIMOUSLY. Ordinance No. 3041-2018 – Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-Ordinance Levying Assessments, and 16.15.050- Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16- Public Improvement And Special Assessments. (Administration) 2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3042-2018 – Amending Kenai Municipal Code Section 14.20.151-Application For Conditional Use Permit For Surface Extraction Of Natural Resources, And 14.20.154-Issuance Of Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Application and Permitting Process. (Administration) Kenai City Council Meeting Page 2 of 4 October 17, 2018 3. ENACTED UNANIMOUSLY. Ordinance No. 3043-2018 – Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4. POSTPONED TO 12/05/18. Ordinance No. 3044-2018 – Amending Kenai Municipal Code Section 3.05.070-Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015-Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine, and 13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses. (Legal) 5. ADOPTED UNANIMOUSLY. Resolution No. 2018-54 – Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Fees for Cemetery Gazebo Markers and Memorial Park Markers. (City Clerk) 6. ADOPTED UNANIMOUSLY. Resolution No. 2018-55 – Approving a Memorandum of Agreement with the Kenai Peninsula Borough to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2018-56 – Authorizing a Six-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30, 2018 – June 30, 2019). (Administration) 8. ADOPTED UNANIMOUSLY. Resolution No. 2018-57 – Commending The Kenai Central High School Girls As The Alaska Division Ii State Cross Country Champions For The Year 2018. (Mayor Gabriel) 9. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-58 – Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan. (Council Members Molloy and Glendening and Vice Mayor Navarre) 10. ADOPTED. Resolution No. 2018-59 – Opposing Ballot Measure 1, an Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. (Vice Mayor Navarre and Council Member Pettey) E. MINUTES 1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 3, 2018 F. UNFINISHED BUSINESS G. NEW BUSINESS 1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be Ratified. Kenai City Council Meeting Page 3 of 4 October 17, 2018 2. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders Over $15,000 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 11/07/2018. *Ordinance No. 3045-2018 – Accepting and Appropriating a Grant from the U.S. Department of Homeland Security Passed through the State of Alaska Department of Military and Veterans’ Affairs for the Purchase of Portable Police and Fire Department Radios and For the Purchase and Installation of Video Surveillance Cameras tor the City’s Public Safety Building. (Administration) 4. MARY RHYNER AND JENNIFER DENNIS APPOINTED. Action/Approval – Mayoral Nominations of Mary Rhyner for Appointment to the Beautification Committee and Jennifer Dennis for Appointment to the Parks & Recreation Commission. (Mayor Gabriel) 5. DONATION APPROVED. Action/Approval – Authorize a Donation of $500 to the Boys and Girls Club of the Kenai Peninsula for Supplies for the Fall Pumpkin Festival. (Mayor Gabriel) H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission • Sub-Committee Update 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini-Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION – None. M. PENDING ITEMS Kenai City Council Meeting Page 4 of 4 October 17, 2018 1. Action/Approval – Field of Flowers Signage (Council Member Knackstedt) [Clerk’s Note: This item was referred to the Beautification Committee and then the Airport Commission.] N. ADJOURNMENT **************************************************************************************************** INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review The agenda and supporting documents are posted on the City’s website at www.kenai.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. CITY OF KENAI NOTICE OF ORDINANCES AND RESOLUTIONS ADOPTED AT THE OCTOBER 17, 2018 KENAI CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and/or Resolution(s) at the above-referenced meeting. 1. ENACTED UNANIMOUSLY. Ordinance No. 3041-2018 -Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-0rdinance Levying Assessments, and 16 .15 .050-Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16-Public Improvement And Special Assessments. (Adm inistration) 2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3042-2018-Amending Kenai Municipal Code Section 14.20.151-Application For Conditional Use Pe rmit For Surface Extraction Of Natural Resources, And 14.20.154-lssuance Of Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Appl ication and Perm itting Process. (Administration) 3. ENACTED UNANIMOUSLY. Ordinance No. 3043-2018 -Accept ing and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4. POSTPONED TO 12105118. Ordinance No. 3044-2018 -Amending Kenai Municipal Code Section 3.05.070-Citation Procedure , Amending and Renaming Kenai Municipa l Code Sections 13.10.015-Minor Offense Amendable to Disposition W ithout Court Appearance by Payment of a Fine, and 13.30.010-State Traffic Regulations Adopted, and Enacting a New Section of Kenai Municipal Code Section 13.30.015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offe nses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses . (legal) 5. ADOPTED UNANIMOUSLY. Resolution No. 2018-54 -Amending its Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes to Fees for Cemetery Gazebo Markers and Memorial Park Markers. (City Clerk) 6. ADOPTED UNANIMOUSLY. Resolution No. 2018-55 -Approving a Memorandum of Agreement with the Kenai Peninsul a Borough to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application. (Administration) 7. ADOPTED UNANIMOUSLY. Resolution No. 2018-56-Authorizing a Six-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30 , 2018 -June 30 , 2019). (Administration) 8 . ADOPTED UNANIMOUSLY. Resolution No. 2018-57 -Commending The Kenai Central High School Girls As The Al aska Division Ii State Cross Country Champions For The Year 2018 . (Mayor Gabriel) 9. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-58 -Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan . (Council Members Molloy and Glendening and Vice Mayor Navarre) 10 . ADOPTED. Resolution No. 2018-59-Opposing Ballot Measure 1, an Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. (Vice Mayor Navarre and Council Member Pettey) 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 ma y have been amended by the Council prior to adoption without further public notice. NOTICE OF PUBLIC HEARING OCTOBER 17, 2018 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. Ordinance No . 3041-2018 -Making Housekeeping Amendments to Kenai Municipal Code 16.05.160-0rdinance Levying Assessments, and 16.15.050-Establishment of Amount, After Substantive Changes Were Recently Made to Kenai Municipal Code Title 16-Public Improvement And Special Assessments. (Administration) 2. Ordinance No. 3042-2018 -Amending Kenai Municipal Code Section 14.20.151- Application For Conditional Use Permit For Surface Extraction Of Natural Resources, And 14.20 .154-lssuance Of Permit for Surface Extraction of Natural Resources, to Provide Consistency in the Application and Permitting Process . (Administration) 3. Ordinance No. 3043-2018 -Accepting and Appropriating a Donation from Hilcorp Energy Company to Assist with the Annual Kenai Senior Center Thanksgiving Dinner. (Administration) 4 . Ordinance No. 3044-2018 -Amending Kenai Municipal Code Section 3.05.070- Citation Procedure, Amending and Renaming Kenai Municipal Code Sections 13.10.015-Minor Offense Amendable to Disposition Without Court Appearance by Payment of a Fine , and 13.30.010-State Traffic Regulations Adopted , and Enacting a New Section of Kenai Municipal Code Section 13.30 .015-State Traffic Bail Forfeiture Schedules Adopted by Reference, to Incorporate Additional Minor Offenses into Kenai City Code and Make Housekeeping Changes to Comply with Changes to State Law and Court Procedures Regarding Minor Offenses . (Legal) 5. Resolution No. 2018-54 -Amending its Comprehensive Schedule of Rates , Charges, and Fees to Incorporate Changes to Fees for Cemetery Gazebo Markers and Memorial Park Markers. (City Clerk) 6. Resolution No. 2018-55 -Approving a Memorandum of Agreement with the Kenai Peninsula Borough to be included in the Federal Emergency Management Agency Assistance to Firefighters Regional Grant Application . (Administration) 7. Resolution No. 2018-56 -Authorizing a Si x-Month Extension of a Facility Management Agreement for the Kenai Visitor and Cultural Center with the Kenai Chamber of Commerce and Visitor Center. (December 30, 2018 -June 30, 2019). (Administration) 8 . Resolution No . 2018-57 -Commending The Kenai Central High School Girls As The Alaska Division Ii State Cross Country Champions For The Year 2018 . (Mayor Gabriel) 9 . Resolution No. 2018-58 -Requesting that Governor Bill Walker Declare an Economic Disaster for the Upper Cook Inlet Fisheries Region and Supporting a Recovery Plan. (Council Members Molloy and Glendening and Vice Mayor Navarre) 10. Resolution No. 2018-59 -Opposing Ballot Measure 1, an Act Providing for the Protection of Wild Salmon and Fish and Wildlife Habitat. (Vice Mayor Navarre and Council Member Pettey) 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 notice .