HomeMy WebLinkAbout2020-08-19 Council Packet
Kenai City Council - Regular Meeting Page 1 of 4
August 19, 2020
Kenai City Council - Regular Meeting
August 19, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
www.kenai.city
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code Title 6 -
Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility
through Vote By Mail Elections. (Council Member Peterkin) [Clerk's Note: At the July 1
Meeting, this item was Postponed to the 08/19/20 Council Meeting; a motion to enact is on
the floor.]
Substitute Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code
Title 6 - Elections, to Provide Clarity, Process Improvements, and Increase Voter
Accessibility through Vote By Mail Elections.
2. Ordinance No. 3150-2020 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution,
and Approving a Lease Execution Extension to May 31, 2021 to Schilling Rentals, LLC for
Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
3. Ordinance No. 3151-2020 - Increasing Estimated Revenues and Appropriations in the
Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction
Purchase Order to Blazy Construction, Inc. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 4
August 19, 2020
4. Ordinance No. 3152-2020 - Accepting and Appropriating a Project Ready Mini Grant from
the Alaska State Library for Implementing the Know Your Neighbor: Kindness Kits Project
at the Kenai Community Library. (Administration)
5. Ordinance No. 3153-2020 - Appropriating Excess Funds Received from the Issuance of
General Obligation Refunding Bonds. (Administration)
6. Ordinance No. 3154-2020 - Accepting and Appropriating a Grant from the National Marine
Fisheries Service Passed Through the Pacific States Marine Fisheries Commission,
Accepting and Appropriating Additional Insurance Proceeds, and Awarding a Contract for
Repair to the Kenai City Dock for Damage Caused by Earthquakes in 2016 and 2018 and
Installation of a Cathodic Protection System to Prevent Corrosion. (Administration)
7. Resolution No. 2020-68 - Declaring the Ten-Foot Utility Easement Adjoining the Southern
Boundary of Lot 4, Eventyr Subdivision (Plat KN 83-149) and the Ten-Foot Utility Easement
Excluding the West Ten Feet Adjoining the North Boundary of Lot 5 and the Ten-Foot Utility
Easement Adjoining the North and East Boundary of Lot 6 Eventyr Subdivision No. 2 (Plat
KN 86-75) Granted on Plat KN 83-1149 and Plat KN 86-75 Are Not Needed for a Public
Purpose and Consenting to Their Vacation. (Administration)
8. Resolution No. 2020-69 - Authorizing the City Manager to Enter a Design Agreement with
the Department of the Army for the Design for the Kenai Bluffs Bank Stabilization Project.
(Administration)
E. MINUTES
1. *Regular Meeting of August 5, 2020. (City Clerk)
F. UNFINISHED BUSINESS
1. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For A Record Retention Length. (City Clerk) [Clerk's Note: At the July
1 Meeting, this Item was Postponed to the 08/19/20 Council Meeting; a motion to enact is
on the floor.]
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders Over $15,000. (Administration)
3. *Action/Approval - Non-Objection to the Renewal of Marijuana Licenses for Red Run
Cannabis Company, LLC and Red Run Cannabis Cultivators, LLC. (City Clerk)
4. *Ordinance No. 3155-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Improvements Capital Project Fund and Accepting a Grant from The Federal
Aviation Administration for Phase One Construction of a New Sand Storage Facility.
(Administration)
5. *Ordinance No. 3156-2020 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project
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Kenai City Council - Regular Meeting Page 3 of 4
August 19, 2020
Funds and Awarding a Construction Agreement for Improvements to the Wasting Activated
Sludge Pumps at the Waste Water Treatment Plant. (Administration)
6. *Ordinance No. 3157-2020 - Amending Kenai Municipal Code Section 1.85.010 – Report
of Financial and Business Interests, to Allow for Certification by Municipal Officers that a
Previously Filed Statement of Disclosure Remains Accurate and Approving an Alternate
Certification. (Vice Mayor Molloy)
7. *Ordinance No. 3158-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 CARES Act Recovery Fund and Accepting a CARES Act Grant Passed Through
the Kenai Peninsula Borough. (Administration)
8. *Ordinance No. 3159-2020 - Accepting and Appropriating a Municipal Arts & Culture
Matching Grant from the Rasmuson Foundation in the COVID-19 CARES Act Recovery
Fund. (Administration)
9. Action/Approval - Six-Month Extension Request from SOAR International Ministries, Inc.
for Lease Application Expiration for the Undeveloped Portion of Tract A, General Aviation
Apron No. 2. (Administration)
10. Discussion - Response to COVID-19. (Administration)
11. Discussion - City of Kenai Response to Governor Dunleavy’s Local Mitigation Level
Recommendations and Consideration of Joint Work Session with the City of Soldotna
Council. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
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Kenai City Council - Regular Meeting Page 4 of 4
August 19, 2020
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Review and Discussion of the Terms of an Employment Agreement Extension for the City
Clerk which, Pursuant to AS 44.62.310(C)(2) May be a Subject that Tends to Prejudice the
Reputation and Character of the City Clerk and per AS 44.62.310(c)(1) is a Matter of which
the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Kenai Historical Society - August Newsletter
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.
Join Zoom Meeting
https://us02web.zoom.us/j/88060927165
Meeting ID: 880 6092 7165 Passcode: 873728
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 880 6092 7165 Passcode: 873728
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Sponsored by: Council Member Peterkin
CITY OF KENAI
ORDINANCE NO. 3127-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
REPLACING KENAI MUNICIPAL CODE TITLE 6- ELECTIONS, TO PROVIDE CLARITY,
PROCESS IMPROVEMENTS, AND IMPROVE VOTER ACCESSIBILITY THROUGH VOTE BY
MAIL ELECTIONS.
WHEREAS, state statutes provide that local governing bodies establish the procedures governing
local elections; and,
WHEREAS, it is in the best interest of the City to provide for clear processes in its elections; and,
WHEREAS, the City has realized efficiencies in its election processes by sharing election
resources such as election workers with the Kenai Peninsula Borough (KPB); and,
WHEREAS, KPB entered into a conciliation agreement with the Alaska Human Rights
Commission which specified that the KPB would have an ADA compliant election process in place
by the end of 2020; and,
WHEREAS, it is prudent for the City to also have ADA compliant election processes in place; and,
WHEREAS, the KPB Assembly established the Election Stakeholders Group (“ESG”) through the
direction and adoption of Resolution 2019-006, which included community members and
members from many local governments in the KPB, including City Manager Ostrander, Mayor
Gabriel, Council Member Peterkin and City Clerk Heinz from the City; and,
WHEREAS, the ESG researched ways to increase voter participation by developing sustainable
election processes that maximize accessibility and inclusivity; and,
WHEREAS, ensuring security of the voting system, including hardware, software, accountability
procedures, and the voter registration database and maintaining integrity in the system by
adopting internal controls, including signature verification, to ensure all valid votes are counted
were among guiding principles adopted by the ESG; and,
WHEREAS, after holding many public meetings throughout 2019 the ESG issued a final report
with six specific recommendations regarding potential changes to KPB code and election
processes which are intended to achieve guiding principles adopted by the ESG; and,
WHEREAS, recommendation number 1 of the ESG was for the KPB assembly to transition the
election process from the current polling site structure to a vote by mail hybrid structure (VBMS);
and,
WHEREAS, recent catastrophic events including disaster declarations related to local floods, fires
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Ordinance No. 3127-2020
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and a global public health pandemic reinforce the need to implement a VBMS election process
that will allow for greater flexibility and voter participating when events make it impractical or
impossible to vote at a traditional polling site; and,
WHEREAS, in response to the current statewide emergency disaster, Governor Dunleavy signed
Senate Bill 241 in to law which, among other things, authorizes elections to be conducted by mail
during the emergency disaster; and,
WHEREAS, on ___________, the KPB Assembly adopted KPB Ordinance No. 2020-24 providing
for vote by mail elections.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Repealing and Re-enacting Title 6 of the Kenai Municipal Code: That Kenai
Municipal Code, Title 6 - Elections is hereby repealed and re-enacted as follows:
[CHAPTER 6.05
VOTING QUALIFICATIONS AND PROCEDURES
SECTIONS:
6.05.010 QUALIFICATIONS FOR VOTERS.
6.05.020 REGISTRATION.
6.05.030 PRECINCT AND POLLING PLACE.
6.05.040 PRECINCT BOARD.
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
6.05.060 WATCHERS.
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
6.05.090 BALLOT BOXES, VOTING BOOTHS.
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
6.05.130 TIE VOTES.
6.05.140 ABSENTEE VOTING.
6.05.145 ABSENTEE VOTING IN PERSON.
6.05.150 ABSENTEE VOTING—APPLICATION.
6.05.160 ABSENTEE VOTING—BALLOTS.
6.05.170 ABSENTEE VOTING—BY MAIL.
6.05.180 VOTING—AUTHORIZED.
6.05.190 VOTING—BOARDS.
6.05.200 VOTING DEVICES AND MACHINES.
6.05.210 VOTING—TESTS AND SECURITY.
6.05.220 RECOUNT OF VOTES—APPLICATION.
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
6.05.240 ELECTION CONTESTS.
6.05.250 RULES AND REGULATIONS.
6.05.260 CITY ELECTION TIME.
6.05.270 OFFENSES AND PENALTIES.
6.05.280 RECORD RETENTION.
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
6.05.310 CASTING BALLOTS.
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6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
6.05.340 STORING BALLOTS.
6.05.010 QUALIFICATIONS FOR VOTERS.
PERSONS WHO HAVE THE QUALIFICATIONS FOR VOTERS PRESCRIBED BY THE CITY
CHARTER, SECTION 10-6, THE STATE CONSTITUTION, ARTICLE V, SECTIONS 1 AND 2,
AND STATE LAW, SHALL BE QUALIFIED TO VOTE IN CITY ELECTIONS IF THEY ARE
REGISTERED AS PROVIDED IN THIS TITLE. (KC 6-1)
6.05.020 REGISTRATION.
(A) THE ELECTION JUDGES SHALL KEEP AN ORIGINAL REGISTER ON WHICH EACH
VOTER SHALL, BEFORE RECEIVING A BALLOT, SIGN THE VOTER’S NAME AND EITHER
COMPLETE OR CORRECT BOTH THE VOTER’S RESIDENCE AND MAILING ADDRESSES.
A RECORD SHALL BE KEPT ON THE REGISTER OF THE NAME OF EACH PERSON WHO
OFFERED TO VOTE, BUT WAS REFUSED, AND A BRIEF STATEMENT OF THE BASIS OF
THE REFUSAL. THE SIGNING OF THE REGISTER CONSTITUTES A DECLARATION BY
THE VOTER THAT THE VOTER IS QUALIFIED TO VOTE.
(B) VOTERS MAY BE IDENTIFIED FROM SUCH REASONABLE SOURCES AS STATE
VOTER REGISTRATION LISTS, BEING KNOWN TO THE ELECTION JUDGES AS
RESIDENTS OF THE CITY OF KENAI, OR BY SUCH OTHER IDENTIFICATION AS IS
ACCEPTED CUSTOMARILY FOR SCHEMES OF “PRE-REGISTRATION” QUALIFICATIONS.
(C) REGISTERS SIGNED BY VOTERS ON ELECTION DAY SHALL BE KEPT WITH THE
RECORDS OF THAT ELECTION.
(D) AS USED IN THIS TITLE, “REGISTER” SHALL MEAN THE COMPUTER PRINTOUT
ENTITLED “STATE OF ALASKA PRECINCT REGISTER” (OR ANY FORM SUBSEQUENTLY
SUBSTITUTED THEREFOR) SUPPLIED BY THE DIVISION OF ELECTIONS OF THE STATE
OF ALASKA FOR USE IN EACH PRECINCT.
(KC 6-9; ORDS. 193, 803)
6.05.030 PRECINCT AND POLLING PLACE.
(A) THE CITY OF KENAI SHALL BE COMPOSED OF SUCH ELECTION PRECINCTS AS
MAY BE SET UP OR MODIFIED BY THE DIRECTOR OF ELECTIONS OF THE STATE OF
ALASKA FOR ALL CITY ELECTIONS, BOTH REGULAR AND SPECIAL. THE POLLING
PLACES WILL BE AS DESIGNATED BY THE STATE OF ALASKA, DIVISION OF
ELECTIONS.
(B) CHANGES OF THE POLLING PLACES MAY BE ACCOMPLISHED BY THE COUNCIL BY
MOTION, RESOLUTION, OR ORDINANCE.
(KC 6-12,13; ORDS. 159, 803, 1182)
6.05.040 PRECINCT BOARD.
(A) THERE SHALL BE ELECTION BOARDS FOR THE PRECINCTS IN THE CITY
COMPOSED OF THREE (3) OR MORE JUDGES APPOINTED BY THE CITY COUNCIL. THE
JUDGES SHALL BE QUALIFIED VOTERS OF THE CITY. THE CITY COUNCIL MAY
DESIGNATE ONE OF THE JUDGES CHAIR OF THE BOARD, AND THE CHAIR SHALL BE
PRIMARILY RESPONSIBLE FOR THE ADMINISTRATION OF THE ELECTION IN THE
PRECINCT. THE CITY COUNCIL MAY ALSO APPOINT FROM AMONG THE QUALIFIED
VOTERS OF THE CITY ONE (1) OR TWO (2) CLERKS WHERE IT DEEMS THEIR SERVICES
ARE NECESSARY. THE CITY CLERK, AS THE ELECTION SUPERVISOR, MAY APPOINT
NOT MORE THAN FOUR (4) ELECTION CLERKS FROM AMONG THE QUALIFIED VOTERS
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OF THE CITY AT ANY POLLING PLACE WHERE THEY ARE NEEDED TO CONDUCT AN
ORDERLY ELECTION AND TO RELIEVE THE ELECTION JUDGES OF UNDUE HARDSHIP
IF HE OR SHE THINKS THEY ARE NEEDED AND IF THE CITY COUNCIL AUTHORIZES IT.
(B) ALL CITY ELECTION PERSONNEL SHALL BE APPOINTED WITHOUT REGARD TO
THEIR MEMBERSHIP IN ANY POLITICAL PARTY.
(C) ALL ELECTION JUDGES AND CLERKS, BEFORE ENTERING UPON THEIR DUTIES,
MUST SUBSCRIBE TO THE OATH REQUIRED OF ALL PUBLIC OFFICERS BY THE
CONSTITUTION OF THE STATE OF ALASKA IN THE MANNER PRESCRIBED BY THE
CLERK. IF ANY APPOINTED ELECTION OFFICIAL IS NOT ABLE OR REFUSES TO SERVE
ON ELECTION DAY, THE CLERK MAY APPOINT A REPLACEMENT FOR THAT OFFICIAL.
(D) CANDIDATES SHALL NOT SERVE AS ELECTION OFFICIALS. CERTAIN FAMILIAL
RELATIONSHIPS MAY NOT EXIST BETWEEN A CANDIDATE AND A PRECINCT ELECTION
JUDGE, ELECTION CLERK, OR MEMBER OF A BALLOT COUNTING TEAM IN REGULAR
OR SPECIAL ELECTIONS. THOSE FAMILIAL RELATIONSHIPS ARE:
(1) MOTHER, MOTHER-IN-LAW, STEPMOTHER;
(2) FATHER, FATHER-IN-LAW, STEPFATHER;
(3) SISTER, SISTER-IN-LAW, STEPSISTER;
(4) BROTHER, BROTHER-IN-LAW, STEPBROTHER;
(5) SPOUSE; OR
(6) PERSON SHARING THE SAME LIVING QUARTERS.
(E) IF THE ELECTION SUPERVISOR KNOWS OR LEARNS ANY OF THESE
RELATIONSHIPS EXIST, THE PRECINCT ELECTION JUDGE, ELECTION CLERK, OR
MEMBER OF THE BALLOT COUNTING TEAM SHALL BE NOTIFIED AND THE PERSON
REPLACED.
(KC 6-12,13; ORDS. 159, 2108-2005)
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
(A) THE CITY SHALL PAY ALL NECESSARY EXPENSES RELATING TO THE CONDUCT
OF EACH CITY ELECTION, INCLUDING THOSE OF SECURITY POLLING PLACES, AND
SHALL PROVIDE BALLOT BOXES, BALLOTS, VOTING BOOTHS OR SCREENS, NATIONAL
FLAGS, AND OTHER SUPPLIES AND ANY WAGES TO ELECTION OFFICIALS UNLESS
OTHERWISE PROVIDED BY THIS CODE.
(B) THE CITY SHALL PAY EACH ELECTION BOARD MEMBER AND CANVASS BOARD
MEMBER AN HOURLY RATE FOR TIME SPENT AT HIS OR HER ELECTION DUTIES,
INCLUDING THE RECEIVING OF INSTRUCTIONS AND POSTING OF NOTICES. THE
ELECTION SUPERVISOR SHALL SET THE HOURLY COMPENSATION TO BE PAID FOR
TIME SPENT BY ELECTION OFFICIALS AT A RATE COMPARABLE TO THAT PAID BY THE
STATE FOR STATE ELECTIONS. THE CLERK SHALL RETAIN A RECORD FOR AUDITING
AND PAYMENT OF ELECTION EXPENSES, INCLUDING THE COST OF GIVING NOTICE,
RENTING POLLING PLACES, PAYING ELECTION OFFICIALS, SECURITY BALLOT BOXES,
BOOTHS AND OTHER ELECTION NECESSITIES.
(KC 6-14; ORD. 2108-2005)
6.05.060 WATCHERS.
ANY CANDIDATE FOR ELECTIVE CITY OFFICE MAY APPOINT A WATCHER FOR THE
PRECINCT. STATE LAW RELATING TO WATCHERS IN STATE ELECTIONS SHALL
GOVERN WATCHERS IN CITY ELECTIONS INSOFAR AS IT IS APPLICABLE. (KC 6-15)
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
THE CITY CLERK, UNDER DIRECTION OF THE CITY COUNCIL AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER, IS THE ELECTION SUPERVISOR FOR AND
SHALL ADMINISTER ALL CITY ELECTIONS. (KC 6-16; ORD. 2108-2005)
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6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
(A) THE CITY CLERK SHALL PREPARE AND FURNISH ALL OFFICIAL BALLOTS IN CITY
ELECTIONS. THE PROVISIONS OF STATE LAW RELATING TO THE PREPARATION AND
FURNISHING OF BALLOTS IN STATE ELECTIONS SHALL GOVERN THE PREPARATION
AND FURNISHING OF BALLOTS IN CITY ELECTIONS INSOFAR AS THEY ARE
APPLICABLE AND ARE NOT IN CONFLICT WITH THE CITY CHARTER OR ORDINANCE;
AND THE CITY CLERK SHALL PERFORM THE FUNCTIONS IN REGARD THERETO
PRESCRIBED BY LAW FOR THE DIRECTOR OF ELECTIONS IN REGARD THERETO IN
STATE ELECTIONS INSOFAR AS IT IS APPROPRIATE.
(B) AT THE TIME OF PREPARING, THE BALLOTS MAY BE INSPECTED BY ANY
CANDIDATE WHOSE NAME IS ON THE BALLOT, OR BY HIS OR HER AUTHORIZED
AGENT, AND ANY DISCOVERED MISTAKE SHALL BE CORRECTED IMMEDIATELY.
(C) THE CITY CLERK SHALL PROVIDE TINTED SAMPLE BALLOTS, OATHS OF OFFICE
OF JUDGES, QUESTIONED OATHS, TALLY SHEETS WHEN REQUIRED, INSTRUCTIONS
TO VOTERS, WARNING NOTICES, AND OTHER FORMS AND SUPPLIES REQUIRED FOR
CITY ELECTIONS; AND HE OR SHE SHALL GIVE THE DUPLICATE REGISTRATION INDEX
AND AN ADEQUATE SUPPLY OF OFFICIAL BALLOTS, SAMPLE BALLOTS, AND ALL
OTHER NECESSARY SUPPLIES AND MATERIALS TO THE CHAIRS OF THE PRECINCT
ELECTION BOARDS IN ADEQUATE TIME BEFORE A CITY ELECTION.
(KC 6-17; ORDS. 803, 941, 1652-95, 2108-2005)
6.05.090 BALLOT BOXES, VOTING BOOTHS.
THE CITY CLERK SHALL PROVIDE SUITABLE BALLOT BOXES AND AN ADEQUATE
NUMBER OF VOTING BOOTHS OR SCREENS. REGULATIONS MADE BY THE DIRECTOR
OF ELECTIONS, RELATING TO POLLING PLACES, BALLOT BOXES, VOTING BOOTHS,
SCREENS, FLAGS, AND SUPPLIES FOR STATE ELECTIONS, SHALL GOVERN THESE
MATTERS IN RELATION TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND
ARE NOT SUPERSEDED BY ORDINANCE. (KC 6-18; ORD. 803)
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
(A) AT LEAST TEN (10) DAYS BEFORE EVERY CITY ELECTION, REGULAR OR SPECIAL,
THE CITY CLERK SHALL CAUSE TO BE PUBLISHED BY POSTING ON THE OFFICIAL CITY
BULLETIN BOARD IN OR ON THE CITY ADMINISTRATION BUILDING AND IN TWO (2)
OTHER PLACES IN THE CITY, OR IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
THE CITY, A NOTICE OF SUCH ELECTION. THE NOTICE SHALL INCLUDE, BUT IS NOT
LIMITED TO, THE FOLLOWING:
(1) THE DATE OF THE ELECTION;
(2) TIME DURING WHICH THE POLLING PLACE WILL BE OPEN;
(3) THE LOCATION OF THE POLLING PLACE;
(4) OFFICES TO WHICH CANDIDATES ARE TO BE ELECTED (IF ANY);
(5) AND THE SUBJECTS OF THE PROPOSITIONS AND QUESTIONS WHICH ARE TO
BE SUBMITTED TO THE VOTERS AT THE ELECTION (IF ANY).
(B) FAILURE TO PUBLISH SUCH A NOTICE OF AN ELECTION SHALL NOT AFFECT THE
VALIDITY OF THE ELECTION OR OF THE VOTE FOR ANY CANDIDATE OR ON ANY
PROPOSAL; BUT, IF CAUSED BY THE CITY CLERK, SHALL CONSTITUTE FAILURE TO
PERFORM HIS OR HER OFFICIAL DUTIES.
(C) IN ADDITION TO THE ABOVE NOTICE, THE CITY CLERK SHALL PUBLISH IN FULL
EVERY CHARTER AMENDMENT, EVERY ORDINANCE, AND EVERY OTHER QUESTION
WHICH IS TO BE SUBMITTED AT AN ELECTION, EXCEPT A REFERRED ORDINANCE
WHICH WAS PUBLISHED IN FULL AFTER PASSAGE, NOT MORE THAN FOUR (4) WEEKS
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AND AT LEAST TWO (2) WEEKS BEFORE THE ELECTION IN ACCORDANCE WITH THE
CITY CHARTER, SECTIONS 1-7(4) AND 10-8.
(KC 6-19)
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
ALASKA STATUTES, CHAPTERS 15.15 THROUGH 15.20 AND ANY AMENDMENTS
THERETO, SHALL APPLY TO THE CITY ELECTIONS INSOFAR AS THEY DO NOT
CONFLICT WITH SPECIFIC CITY ORDINANCES. THE PRECINCT ELECTION BOARDS
SHALL DELIVER TO THE CITY CLERK ONE (1) COPY OF THE CERTIFICATE WITH THE
RESULTS OF THE VOTE IN THE PRECINCT, THE REGISTERS SIGNED BY PERSONS
VOTING, ALL BALLOTS CAST, ALL BALLOTS IMPROPERLY MARKED, DAMAGED OR
UNLAWFULLY EXHIBITED, AND ALL OATHS, AFFIRMATIONS AND AFFIDAVITS TO THE
COUNCIL AS PROVIDED BY KMC 6.05.130. THE CHAIR OF EACH PRECINCT ELECTION
BOARD SHALL RETAIN POSSESSION OF A DUPLICATE COPY OF THE RESULTS, WHICH
COPY MAY BE DESTROYED BY EACH CHAIR TWENTY (20) DAYS AFTER THE ELECTION
UNLESS THE CITY CLERK OR THE CITY COUNCIL REQUESTS ITS DELIVERY. (ORDS.
193, 803, 881, 1788-98, 2556-2011)
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
(A) PURSUANT TO THE PROVISIONS OF SECTION 10-9 OF THE CHARTER OF THE CITY
OF KENAI, THERE IS HEREBY ESTABLISHED A CANVASSING BOARD FOR THE
CANVASSING OF ALL CITY ELECTIONS; REGULAR AND SPECIAL, AND TO ASCERTAIN
AND DECLARE THE RESULTS THEREOF, AS FOLLOWS:
(1) THE CITY CLERK IS HEREBY DESIGNATED AS THE CHAIR OF THE
CANVASSING BOARD.
(2) THE CANVASSING BOARD SHALL CONSIST OF THE CITY CLERK, CHAIR OF
EACH PRECINCT ELECTION BOARD WITHIN THE CITY, AND UP TO FIVE (5)
ADDITIONAL JUDGES SELECTED FROM AMONG THE QUALIFIED VOTERS OF THE
CITY. IN THE EVENT ANY SUCH APPOINTED MEMBER OF THE BOARD IS ABSENT
FROM THE CITY, ILL, OR OTHERWISE UNABLE TO ATTEND AT THE TIME SET FOR
CANVASSING THE BALLOT, THE CITY CLERK IS HEREBY AUTHORIZED TO APPOINT
ANOTHER ELECTION JUDGE FROM THE SAME PRECINCT TO SUBSTITUTE FOR
THE APPOINTED MEMBER.
(B) THE CANVASSING BOARD SHALL MEET IN PUBLIC SESSION ON THE TUESDAY
FOLLOWING EVERY CITY ELECTION, REGULAR OR SPECIAL, AT 8:30 A.M. AND, IF
NECESSARY, CONTINUE THROUGH THE FOLLOWING DAY AND SHALL PROMPTLY
PROCEED TO CANVASS THE RETURNS OF SAID ELECTION, MAKING DECISIONS AS TO
VALIDITY OF QUESTIONED BALLOTS, COUNTING ABSENTEE BALLOTS, AND
ASCERTAINING AND DECLARING THE RESULTS OF SAID ELECTION. THE CANVASS OF
THE BALLOT VOTE COUNTED BY THE PRECINCT ELECTION BOARDS SHALL BE
ACCOMPLISHED BY REVIEWING THE TALLIES OF THE RECORDED VOTE TO CHECK
FOR MATHEMATICAL ERROR BY COMPARING TOTALS WITH THE PRECINCT’S
CERTIFICATE OF RESULTS. ALL OBVIOUS ERRORS FOUND BY THE ELECTION
CANVASS IN THE TRANSFER OF TOTALS FROM THE PRECINCT TALLY SHEETS TO THE
PRECINCT CERTIFICATE OF RESULTS SHALL BE CORRECTED BY THE CANVASSING
BOARD. A MISTAKE THAT HAS BEEN MADE IN PRECINCT RETURNS, AND THAT IS NOT
CLEARLY AN ERROR IN THE TRANSFER OF THE RESULTS FROM THE TALLIES TO THE
CERTIFICATE OF RESULTS, EMPOWERS THE CANVASSING BOARD TO RECOMMEND A
RECOUNT OF THE RESULTS OF THE PRECINCT OR PRECINCTS FOR THAT PORTION
OF THE RETURNS IN QUESTION.
(C) IN ORDER TO BE COUNTED, ABSENTEE BALLOTS THAT ARE MAILED MUST BE
MAILED ON OR BEFORE THE DATE OF THE ELECTION, AND IF THE ENVELOPE
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CONTAINING THE BALLOT IS POSTMARKED, THE POST MARK DATE MUST BE ON OR
BEFORE THE DATE OF ELECTION, AND SAID BALLOT MUST BE RECEIVED IN THE CITY
OF KENAI’S MAIL BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
BALLOT ENVELOPES RECEIVED BY UNITED STATES POSTAL SERVICE WITHOUT A
POSTMARK SHALL BE COUNTED, PROVIDED THE BALLOT ENVELOPE MEETS ALL
OTHER REQUIREMENTS (SIGNATURES, REGISTRATION, ETC.) AND THE RECEIPT BY
THE CITY INDICATES THE BALLOT WAS MAILED ON OR BEFORE THE DATE OF THE
ELECTION AND THE BALLOT WAS RECEIVED IN THE CITY OF KENAI’S MAIL BY NOON
ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
(D) THE CITY CLERK, AS CHAIR OF THE CANVASSING BOARD, SHALL REPORT THE
RESULTS OF THE ELECTION TO THE CITY COUNCIL AS THE FIRST ORDER OF
BUSINESS FOLLOWING THE ROLL CALL AT THE NEXT REGULAR COUNCIL MEETING
FOLLOWING THE MEETING OF THE CANVASSING BOARD.
(KC 6-12; ORDS. 707, 1652-95, 2108-2005, 2488-2010, 2556-2011)
6.05.130 TIE VOTES.
IN CASE OF FAILURE TO ELECT BECAUSE OF A TIE VOTE, THE COUNCIL SHALL
IMMEDIATELY PROCEED TO RECOUNT THE VOTES. IF THERE IS STILL A FAILURE TO
ELECT BECAUSE OF A TIE AFTER COMPLETION OF THE RECOUNT, THE ELECTION
SHALL BE DETERMINED FAIRLY BY LOT FROM AMONG THE CANDIDATES TYING, IN A
MEETING OF THE COUNCIL AND UNDER ITS DIRECTION, IN ACCORDANCE WITH THE
CITY CHARTER, SECTION 10-4. (KC 6-22)
6.05.140 ABSENTEE VOTING.
ANY QUALIFIED VOTER WHO MAY SECURE AND CAST AN ABSENTEE BALLOT IN A
STATE ELECTION MAY SECURE AND CAST AN ABSENTEE BALLOT IN A CITY ELECTION.
THE CITY CLERK SHALL SUPERVISE ABSENTEE VOTING, AND SHALL ISSUE
NECESSARY INSTRUCTIONS REGARDING THE PROCEDURE FOR ABSENTEE VOTING
TO QUALIFIED APPLICANTS FOR ABSENTEE BALLOTS. THE CITY CLERK SHALL
PROVIDE THE ABSENTEE BALLOTS, THE SECRECY ENVELOPES FOR THE BALLOTS,
AND THE POSTAGE-PAID RETURN ENVELOPES THEREFOR, AND ANY OTHER FORMS
AND SUPPLIES REQUIRED FOR THE USE OF ABSENTEE VOTERS. (KC 6-23; ORD. 2488-
2010)
6.05.145 ABSENTEE VOTING IN PERSON.
(A) A QUALIFIED VOTER MAY APPLY IN PERSON FOR AN ABSENTEE BALLOT AT THE
OFFICE OF THE CITY CLERK DURING REGULAR OFFICE HOURS, OR THE VOTER MAY
APPLY TO THE BOROUGH CLERK’S OFFICE OR ABSENTEE VOTING OFFICIAL IN HIS OR
HER AREA DURING REGULAR OFFICE HOURS.
(B) ON RECEIPT OF AN APPLICATION IN PERSON FOR AN ABSENTEE BALLOT AND
EXHIBITION OF PROOF OF IDENTIFICATION AS REQUIRED IN THIS TITLE, THE CLERK
SHALL ISSUE THE BALLOT TO THE APPLICANT.
(C) THE VOTER SHALL PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE
BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE LARGER
ENVELOPE IN THE PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS
ATTESTING OFFICIAL AND DATE OF HIS OR HER SIGNATURE. THE ELECTION OFFICIAL
SHALL THEN ACCEPT THE BALLOT.
(D) THE ELECTION OFFICIAL MAY NOT ACCEPT A MARKED BALLOT THAT HAS BEEN
EXHIBITED BY AN ABSENTEE VOTER WITH INTENT TO INFLUENCE OTHER VOTERS. IF
THE ABSENTEE VOTER IMPROPERLY MARKS OR OTHERWISE DAMAGES A BALLOT,
THE VOTER MAY REQUEST, AND THE ELECTION OFFICIAL SHALL PROVIDE HIM OR
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HER WITH ANOTHER BALLOT UP TO A MAXIMUM OF THREE (3). EXHIBITED,
IMPROPERLY MARKED, OR DAMAGED BALLOTS SHALL BE DESTROYED. THE
NUMBERS OF ALL BALLOTS DESTROYED SHALL BE NOTED ON THE BALLOT
STATEMENT.
(E) EACH ABSENTEE VOTING OFFICIAL SHALL KEEP A RECORD OF THE NAMES AND
THE SIGNATURES OF VOTERS WHO CAST ABSENTEE BALLOTS BEFORE HIM OR HER
AND THE DATES ON WHICH THE BALLOTS WERE CAST.
(ORD. 1799-98)
6.05.150 ABSENTEE VOTING—APPLICATION.
ANY QUALIFIED VOTER WHO IS ENTITLED TO SECURE AND CAST AN ABSENTEE
BALLOT MAY APPLY TO THE CITY CLERK IN PERSON, BY A PERSONAL
REPRESENTATIVE, BY MAIL, OR BY ELECTRONIC TRANSMISSION, FOR AN ABSENTEE
BALLOT. AN APPLICATION FOR AN ABSENTEE BALLOT RECEIVED BY THE CITY BY MAIL
OR ELECTRONIC TRANSMISSION SHALL INCLUDE THE NAME OF THE APPLICANT AND
BOTH THE LOCATION, I.E., ELECTRONIC, FACSIMILE, OR MAILING ADDRESS TO WHICH
THE ABSENTEE BALLOT IS TO BE RETURNED AND HIS OR HER FULL RESIDENTIAL
ADDRESS IN THE CITY. THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE
BALLOTS IN CITY ELECTIONS SHALL BE NOT LESS THAN SEVEN (7) DAYS PRIOR TO
THE ELECTION. THE CITY CLERK SHALL FOLLOW THE PROCEDURE PRESCRIBED BY
STATE LAW FOR ELECTION OFFICIALS IN DETERMINING WHETHER AN APPLICANT IS
ENTITLED TO SECURE AND CAST AN ABSENTEE BALLOT. (KC 6-24; ORDS. 1652-95,
2556-2011)
6.05.160 ABSENTEE VOTING—BALLOTS.
VOTERS CASTING ABSENTEE BALLOTS SHALL MARK THE BALLOT, PLACE THE BALLOT
IN THE SECRECY ENVELOPE AND THEN PLACE THE SECRECY ENVELOPE WITH THE
MARKED BALLOT INSIDE THE POSTAGE-PAID RETURN ENVELOPE, AND RETURN THE
DOCUMENTS TO THE CITY CLERK IN THE SAME MANNER AND UNDER THE SAME
REGULATIONS, AS NEARLY AS MAY BE, AS REQUIRED BY LAW IN STATE ELECTIONS.
(KC 6-25; ORD. 2488-2010)
6.05.170 ABSENTEE VOTING—BY MAIL.
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF THE
APPLICATION IS POSTMARKED NOT EARLIER THAN THE FIRST OF THE YEAR IN WHICH
THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE AN
ELECTION. A VOTER MAY REQUEST HIS OR HER NAME BE PLACED ON PERMANENT
ABSENTEE BY MAIL STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO
WHICH THE ABSENTEE BALLOT IS TO BE RETURNED, THE APPLICANT’S FULL ALASKA
RESIDENCE ADDRESS, AND THE APPLICANT’S SIGNATURE.
(B) AFTER RECEIPT OF AN APPLICATION BY MAIL, THE CITY CLERK SHALL SEND THE
ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY
FIRST CLASS MAIL. THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY
FOR DISTRIBUTION. THE POSTAGE PAID RETURN ENVELOPE SENT WITH THE
MATERIALS SHALL BE ADDRESSED TO THE CITY CLERK.
(C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER, IN THE
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE ARMED FORCES
INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE OR MAGISTRATE, UNITED
STATES POSTAL OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,
MAY PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE
SECRECY ENVELOPE, TO PLACE THE SECRECY ENVELOPE IN THE POSTAGE PAID
ENVELOPE, AND TO SIGN THE VOTER’S CERTIFICATE ON THE BACK OF THE
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POSTAGE-PAID RETURN ENVELOPE IN THE PRESENCE OF AN OFFICIAL LISTED IN
THIS SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL DATE HIS
OR HER SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS SUBSECTION ARE
REASONABLY ACCESSIBLE, AN ABSENTEE VOTER SHALL HAVE THE BALLOT
WITNESSED BY A PERSON OVER THE AGE OF EIGHTEEN (18) YEARS.
(D) AN ABSENTEE BALLOT MUST BE MARKED AND ATTESTED ON OR BEFORE THE
DATE OF THE ELECTION. IF THE VOTER RETURNS THE BALLOT BY MAIL, HE OR SHE
SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT
NOT LATER THAN THE DAY OF THE ELECTION TO THE CITY CLERK. THE BALLOT
ENVELOPE MUST BE POSTMARKED ON OR BEFORE MIDNIGHT OF ELECTION DAY AND
RECEIVED BY THE CITY CLERK NO LATER THAN NOON ON THE SEVENTH DAY AFTER
THE ELECTION. BALLOT ENVELOPES RECEIVED AFTER THAT TIME SHALL NOT BE
OPENED BUT SHALL BE MARKED “INVALID,” WITH THE DATE OF RECEIPT NOTED
THEREON, AND SHALL BE PRESERVED WITH OTHER BALLOTS OF THE ELECTION.
(E) THE CITY CLERK MAY REQUIRE A VOTER CASTING AN ABSENTEE BALLOT BY
MAIL TO PROVIDE PROOF OF IDENTIFICATION OR OTHER INFORMATION TO AID IN THE
ESTABLISHMENT OF HIS OR HER IDENTITY.
(F) THE CITY CLERK SHALL MAINTAIN A RECORD OF THE NAME OF EACH VOTER TO
WHOM AN ABSENTEE BALLOT IS SENT BY MAIL. THE RECORD MUST LIST THE DATE
ON WHICH THE BALLOT IS MAILED AND THE DATE ON WHICH THE BALLOT IS
RECEIVED BY THE CITY CLERK AND THE DATES ON WHICH THE BALLOT WAS
EXECUTED AND POSTMARKED.
(ORDS. 2488-2010, 2556-2011)
6.05.180 VOTING—AUTHORIZED.
THE ELECTION OFFICIAL MAY PROVIDE FOR VOTING AT ONE (1) OR MORE VOTING
PLACES FOR ONE (1) OR MORE QUESTIONS OR OFFICES ON A BALLOT. (ORDS. 881,
1788-98)
6.05.190 VOTING—BOARDS.
THE ELECTION OFFICIAL SHALL APPOINT A RECEIVING BOARD AND A DATA
PROCESSING CONTROL BOARD, EACH CONSISTING OF THREE (3) MEMBERS. THE
ELECTION OFFICIAL SHALL APPOINT A CHAIR OF EACH BOARD AND ADMINISTER THE
OATH PRESCRIBED FOR ELECTION JUDGES TO BOTH CHAIR WHO SHALL ADMINISTER
THE OATH TO THE REMAINING MEMBERS OF THEIR RESPECTIVE BOARDS. A
VACANCY ON A BOARD SHALL BE FILLED BY THE ELECTION OFFICIAL. (ORDS. 881,
1788-98)
6.05.200 VOTING DEVICES AND MACHINES.
(A) VOTING DEVICES AND MACHINES WILL BE USED FOR ALL REGULAR AND SPECIAL
ELECTIONS UNLESS DETERMINED NOT TO BE PRACTICAL BY THE CLERK. THE LAWS
OF THE STATE CONCERNING VOTING DEVICES AND MACHINES ARE INCORPORATED
IN THIS CHAPTER AS IF FULLY SET OUT IN THIS CHAPTER EXCEPT FOR PROVISIONS
IN CONFLICT WITH THIS CHAPTER.
(B) THE ELECTION OFFICIAL SHALL DESIGNATE THE COMPUTERS TO BE USED IN
COUNTING THE BALLOTS AND MAY NEGOTIATE AND CONTRACT WITH THE KENAI
PENINSULA BOROUGH OR A PRIVATE COMPUTER SERVICE FOR THE NEEDED
COMPUTER SERVICES.
(ORDS. 881, 941, 1788-98)
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6.05.210 VOTING—TESTS AND SECURITY.
NO LATER THAN ONE (1) WEEK BEFORE THE ELECTION, THE COMPUTER VOTE
COUNTING PROGRAM MUST BE TESTED IN THE PRESENCE OF, AND TO THE
SATISFACTION OF, THE DATA PROCESSING CONTROL BOARD. (ORDS. 881, 1788-98)
6.05.220 RECOUNT OF VOTES—APPLICATION.
(A) ANY DEFEATED CANDIDATE OR ANY TEN (10) QUALIFIED VOTERS, WHO BELIEVE
THAT A MISTAKE HAS BEEN MADE BY AN ELECTION OFFICIAL OR BY THE COUNCIL IN
COUNTING THE VOTES IN ANY ELECTION, MAY MAKE AN APPLICATION IN WRITING TO
THE COUNCIL FOR A RECOUNT OF THE VOTES FROM THE PRECINCT FOR ANY
PARTICULAR OFFICE OR ON ANY PARTICULAR QUESTION. THE APPLICATION MUST BE
FILED WITH THE MAYOR, THE CITY CLERK, OR IN THE OFFICE OF THE CITY CLERK
WITHIN TWENTY-FOUR (24) HOURS, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY AFTER THE COUNCIL DECLARES THE RESULTS OF THE VOTE BEING
QUESTIONED. IN CASE OF A TIE VOTE BETWEEN TWO (2) OR MORE CANDIDATES, THE
COUNCIL SHALL RECOUNT THE VOTES WITHOUT AN APPLICATION THEREFOR.
(B) THE PERSON OR PERSONS APPLYING FOR A RECOUNT SHALL DEPOSIT ONE
HUNDRED DOLLARS ($100.00) IN CASH, BY CERTIFIED CHECK, OR BY BOND WITH
SURETY APPROVED BY THE COUNCIL, EXCEPT IN THE CASE OF A TIE VOTE FOR
CANDIDATES (WHEN NO DEPOSIT SHALL BE REQUIRED). IF ON THE RECOUNT A
CANDIDATE OTHER THAN THE CANDIDATE WHO WAS FIRST DECLARED ELECTED IS
DECLARED ELECTED, OR IF THE RESULT OF THE VOTE ON A QUESTION IS REVERSED,
OR IF THE VOTE ON RECOUNT IS DETERMINED TO BE FOUR PERCENT (4%) OR MORE
IN EXCESS OF THE VOTE REPORTED AFTER THE FIRST CANVASS FOR THE
CANDIDATE APPLYING FOR THE RECOUNT OR IN FAVOR OF THE OPPOSED TO THE
QUESTION STATED IN THE APPLICATION, THE DEPOSIT SHALL BE REFUNDED;
OTHERWISE, IT SHALL BE PLACED IN THE GENERAL FUND OF THE CITY.
(C) THE COUNCIL SHALL BEGIN THE RECOUNT WITHIN FORTY-EIGHT (48) HOURS
AFTER RECEIVING THE APPLICATION, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY, SHALL PROCEED WITH IT AS FAST AS PRACTICABLE, AND, SHALL DECLARE
THE RESULTS THEREOF. THE CITY CLERK SHALL PROMPTLY ISSUE ANOTHER
ELECTION CERTIFICATE IF A CHANGE IN THE RESULTS REQUIRE IT.
(KC 6-27; ORD. 2108-2005)
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
ANY CANDIDATE OR A MAJORITY OF THE PERSONS WHO REQUESTED A RECOUNT
WHO HAVE REASON TO BELIEVE THAT AN ERROR HAS BEEN MADE IN THE RECOUNT
INVOLVING ANY CANDIDATE OR QUESTION, MAY APPEAL TO THE SUPERIOR COURT
IN ACCORDANCE WITH APPLICABLE COURT RULES GOVERNING APPEALS IN CIVIL
MATTERS. THE FILING OF THE APPEAL AND THE PROCEEDINGS SHALL BE, AS NEARLY
AS MAY BE, AS IN CASE OF SUCH AN APPEAL MADE AFTER A RECOUNT IN A STATE
ELECTION. (KC 6-28)
6.05.240 ELECTION CONTESTS.
ANY DEFEATED CANDIDATE OR TEN (10) QUALIFIED VOTERS, BY ACTION BROUGHT IN
THE SUPERIOR COURT, MAY CONTEST THE ELECTION OF ANY PERSON OR THE
APPROVAL OR REJECTION OF ANY QUESTION UPON THE SAME GROUNDS AND IN THE
SAME MANNER, AS NEARLY AS MAY BE, AS IN ELECTION CONTESTS ARISING OUT OF
STATE ELECTIONS. THE CITY CLERK SHALL PROMPTLY ISSUE ANY NEW ELECTION
CERTIFICATE REQUIRED TO REFLECT THE JUDGMENT OF THE COURT. (KC 6-29)
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6.05.250 RULES AND REGULATIONS.
RULES AND REGULATIONS MADE BY THE DIRECTOR OF ELECTIONS PURSUANT TO
LAW REGULATING STATE ELECTIONS SHALL ALSO APPLY TO CITY ELECTIONS
INSOFAR AS THEY ARE APPLICABLE. THE CITY CLERK SHALL HAVE THE POWERS AND
DUTIES PRESCRIBED FOR THE DIRECTOR OF ELECTIONS IN SAID RULES AND
REGULATIONS, WITH REGARD TO CITY ELECTIONS, INSOFAR AS IT WOULD BE
APPROPRIATE IN CITY ELECTIONS. (KC 6-31; ORD. 803)
6.05.260 CITY ELECTION TIME.
NOTHING IN THIS CHAPTER SHALL PROHIBIT HOLDING A CITY ELECTION ON THE
SAME DAY AND BY THE SAME ELECTION PERSONNEL AS A STATE, BOROUGH, OR
OTHER PUBLIC ELECTION, OR SUBMITTING A CITY QUESTION AT SUCH AN ELECTION,
AS AUTHORIZED BY THE CITY CHARTER, SECTION 10-8. (KC 6-32)
6.05.270 OFFENSES AND PENALTIES.
(A) IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO DO ANY OF THE
FOLLOWING ACTS, AND ANY PERSON, FIRM, OR CORPORATION WHO DOES ANY OF
THE FOLLOWING ACTS SHALL BE GUILTY OF A VIOLATION:
(1) DIRECTLY OR INDIRECTLY USES OR THREATENS TO USE FORCE, COERCION,
VIOLENCE, RESTRAINT, INFLICTS, OR THREATENS TO INFLICT DAMAGE, HARM, OR
LOSS UPON OR AGAINST ANY PERSON TO INDUCE OR COMPEL THE PERSON TO
VOTE OR REFRAIN FROM VOTING FOR ANY CANDIDATE IN ANY ELECTION OR FOR
ANY ELECTION PROPOSITION OR QUESTION.
(2) GIVES OR PROMISES TO GIVE, OR OFFERS ANY MONEY OR VALUABLE THING
TO ANY PERSON, WITH THE INTENT TO INDUCE HIM OR HER TO VOTE FOR OR
RESTRAIN HIM OR HER FROM VOTING FOR ANY CANDIDATE AT ANY ELECTION OR
ANY ELECTION PROPOSITION OR QUESTION.
(3) KNOWINGLY PRINTS OR CIRCULATES, OR CAUSES TO BE WRITTEN, PRINTED,
OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, POSTER, OR OTHER
PUBLICATION RELATING TO ANY ELECTION OR TO ANY CANDIDATE AT ANY
ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION WITHOUT THE
SAME BEARING ON ITS FACE THE NAME AND ADDRESS OF THE AUTHOR,
PRINTER, AND PUBLISHER THEREOF.
(4) WRITES, PRINTS, OR CIRCULATES, OR WHO SHALL CAUSE TO BE WRITTEN,
PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, OR POSTER,
OR WHO CAUSES ANY PAID ADVERTISEMENT TO BE PLACED IN A NEWSPAPER OR
ANY OTHER PUBLICATION, OR WHO PAYS OR CONTRIBUTES TO THE PAYMENT
FOR ANY SUCH ADVERTISEMENT, OR WHO MAKES ANY RADIO BROADCAST,
WILLFULLY KNOWING THE LETTER, CIRCULAR, BILL, PLACARD, POSTER,
PUBLICATION, PAID ADVERTISEMENT, OR RADIO BROADCAST TO CONTAIN ANY
FALSE STATEMENT, CHARGE, OR COMMENT RELATING TO ANY CANDIDATE TO
ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION.
(5) HAS IN HIS OR HER POSSESSION OUTSIDE OF THE VOTING ROOM ANY
OFFICIAL BALLOT, PROVIDED THAT THIS SHALL NOT APPLY TO ELECTION
OFFICIALS OR OTHER PROPERLY AUTHORIZED PERSONS HAVING SUCH
POSSESSION IN LINE OF DUTY.
(6) MAKES OR KNOWINGLY HAS IN HIS OR HER POSSESSION ANY COUNTERFEIT
OF AN OFFICIAL BALLOT.
(7) REFUSES TO ALLOW AN EMPLOYEE REASONABLE TIME OFF FOR THE
PURPOSE OF VOTING WHEN THE EMPLOYEE DOES NOT HAVE A REASONABLE
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AMOUNT OF TIME TO VOTE BEFORE OR AFTER WORK, OR WHO, AFTER ALLOWING
THE TIME OFF, DEDUCTS THE TIME FROM THE COMPENSATION OF THE
EMPLOYEE.
(8) BEING AN ELECTION OFFICIAL WHILE THE POLLS ARE OPEN, OPENS ANY
BALLOT RECEIVED FROM A VOTER AT AN ELECTION, OR MARKS A BALLOT BY
FOLDING OR OTHERWISE SO AS TO BE ABLE TO RECOGNIZE IT, OR OTHERWISE
ATTEMPTS TO LEARN HOW ANY VOTER MARKED HIS OR HER BALLOT, OR
ALLOWS THE SAME TO BE DONE BY ANY OTHER PERSON.
(9) WRITES, PRODUCES, OR ASSISTS IN WRITING OR PRODUCING ANY
PUBLISHED LETTER, CIRCULAR, POSTER, BILL, PUBLICATION, OR PLACARD,
KNOWING THAT IT CONTAINS ANY FALSE STATEMENT OR FALSE CHARGE
REFLECTING ON THE CHARACTER, MORALITY, OR INTEGRITY OF ANY CANDIDATE
AT ANY ELECTION.
(10) VOTES OR ATTEMPTS TO VOTE IN THE NAME OF ANOTHER PERSON OR IN
ANY NAME OTHER THAN HIS OR HER OWN.
(11) BY FORCE, THREAT, INTIMIDATION, OR OFFER OF REWARD, INDUCES OR
ATTEMPTS TO INDUCE ANY ELECTION OFFICIAL TO FAIL IN HIS OR HER DUTY.
(12) WILLFULLY CHANGES OR CAUSES TO BE CHANGED ANY OFFICIAL ELECTION
DOCU-MENTS, INCLUDING BALLOTS, TALLIES, AND RETURNS, OR ATTEMPTS TO
DO THE SAME.
(13) WILLFULLY DELAYS OR CAUSES TO BE DELAYED THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(14) WILLFULLY VOTES OR ATTEMPTS TO VOTE MORE THAN ONCE AT THE SAME
ELECTION.
(15) SIGNS ANY NAME OTHER THAN HIS OR HER OWN TO A PETITION
PROPOSING AN INITIATIVE, REFERENDUM, OR RECALL, OR KNOWINGLY SIGNS
HIS OR HER NAME MORE THAN ONCE FOR THE SAME PROPOSITION OR
QUESTION AT ONE (1) ELECTION, OR SIGNS THE PETITION KNOWING THAT HE OR
SHE IS NOT A QUALIFIED VOTER.
(16) HAVING BEEN CONTRACTED OR EMPLOYED BY THE CITY TO PRINT OR
REPRODUCE IN ANY MANNER ANY OFFICIAL BALLOT, WILLFULLY APPROPRIATES
TO HIM OR HERSELF, OR GIVES OR DELIVERS TO, OR KNOWINGLY PERMITS TO
BE TAKEN BY ANYONE OTHER THAN A PERSON AUTHORIZED BY THE CITY CLERK,
ANY OFFICIAL BALLOTS, OR KNOWINGLY PRINTS, REPRODUCES, OR CAUSES TO
BE PRINTED OR REPRODUCED ANY OFFICIAL BALLOTS IN ANY OTHER FORM OR
WITH ANY OTHER CONTENT THAN THAT PRESCRIBED BY THE CHARTER,
ORDINANCE, OR AS DIRECTED BY THE CITY CLERK.
(17) WILLFULLY MAKES A FALSE AFFIDAVIT OR SWEARS FALSELY UNDER ANY
OATH REQUIRED IN CONNECTION WITH ANY ELECTION OR REGISTRATION FOR
VOTING OR FALSELY AFFIRMS IN LIEU OF SO SWEARING.
(18) WILLFULLY FAILS TO PERFORM ANY ELECTION DUTY OR KNOWINGLY DOES
ANY UNAUTHORIZED ACT WITH THE INTENT TO AFFECT THE ELECTION OR ITS
RESULTS.
(19) WILLFULLY PERMITS, MAKES, OR ATTEMPTS TO MAKE ANY FALSE COUNT
OR REPORT OF THE ELECTION RETURNS.
(20) BEING AN ELECTION OFFICIAL, WILLFULLY CONCEALS, WITHHOLDS,
WRONGFULLY CHANGES, MUTILATES, OR DESTROYS THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(B) ANY PERSON, FIRM, OR CORPORATION WHO IS GUILTY OF A VIOLATION AS
DEFINED HEREINABOVE SHALL BE PUNISHED UPON CONVICTION THEREOF AS
PROVIDED FOR MISDEMEANORS IN KMC 13.05.010.
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(KC 6-30; ORDS. 1240, 1858-2000)
6.05.280 RECORD RETENTION.
(A) THE CERTIFICATE OF RETURNS OF THE CANVASSING BOARD SHALL BE
MAINTAINED PERMANENTLY, AND DESCRIPTIONS OF ELECTION BOUNDARIES,
PRECINCTS, AND POLLING PLACES SHALL BE MAINTAINED UNTIL THEY ARE REVISED.
(B) OTHER ELECTION RECORDS SHALL BE MAINTAINED FOR THE PERIOD SET FORTH
BELOW:
FINANCIAL
DISCLOSURE FORM
SIX YEARS
CANDIDATE AFFIDAVIT
OF EXPENSE AND
CONTRIBUTIONS
FIVE YEARS
ELECTION REGISTERS FOUR YEARS
NOMINATING
PETITIONS
THREE YEARS
DECLARATION OF
CANDIDACY
THREE YEARS
REJECTED BALLOTS ONE YEAR,
UNLESS
ELECTION
CONTESTED
CERTIFICATES OF
ELECTION RETURN
REPORTS
PERMANENTLY
(C) THE CITY CLERK SHALL INFORM THE CITY COUNCIL PRIOR TO DESTRUCTION OF
ANY RECORDS, SPECIFYING THE TYPE OF RECORD AND THE DATE OF THE ELECTION
TO WHICH IT RELATES.
(ORDS. 2488-2010, 2556-2011)
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
(A) THE CITY CLERK MAY CONDUCT A SPECIAL ELECTION BY MAIL.
(B) WHEN THE CLERK CONDUCTS A SPECIAL ELECTION BY MAIL, THE CLERK SHALL
SEND A BALLOT TO EACH PERSON WHOSE NAME APPEARS ON THE OFFICIAL VOTER
REGISTRATION LIST PREPARED UNDER AS 15.07.125 FOR THAT ELECTION. THE
CLERK SHALL SEND THE BALLOT TO THE ADDRESS STATED ON THE OFFICIAL
REGISTRATION LIST UNLESS THE VOTER HAS NOTIFIED THE CLERK IN WRITING OF A
DIFFERENT ADDRESS TO WHICH THE BALLOT SHOULD BE SENT. THE CLERK SHALL
SEND BALLOTS BY FIRST CLASS, NONFORWARD-ABLE MAIL ON OR BEFORE THE
TWENTY-SECOND (22ND) DAY BEFORE THE ELECTION.
(C) THE CLERK SHALL REVIEW BALLOTS VOTED UNDER THIS SECTION UNDER
PROCEDURES ESTABLISHED FOR THE REVIEW OF ABSENTEE BALLOTS.
(D) THERE SHALL BE A SMALL BLANK ENVELOPE AND A POSTAGE-PAID RETURN
ENVELOPE SUPPLIED TO EACH BY-MAIL VOTER. THE POSTAGE-PAID RETURN
ENVELOPE SHALL HAVE PRINTED ON IT AN AFFIDAVIT BY WHICH THE VOTER SHALL
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DECLARE THE VOTER’S QUALIFICATION TO VOTE, FOLLOWED BY PROVISION FOR
ATTESTATION BY ONE (1) ATTESTING WITNESS, WHO IS AT LEAST EIGHTEEN (18)
YEARS OF AGE. SPECIFIC INSTRUCTIONS FOR VOTING A BY-MAIL BALLOT AND A LIST
OF THE APPOINTED ABSENTEE VOTING OFFICIALS, THEIR HOURS AND LOCATIONS,
SHALL BE MAILED TO EACH VOTER WITH THE BALLOT.
(ORDS. 1800-98, 2488-2010)
6.05.310 CASTING BALLOTS.
(A) UPON RECEIPT OF A MAIL-IN BALLOT, THE VOTER SHALL CAST HIS OR HER
BALLOT IN THE MANNER SPECIFIED IN KMC 6.05.140 THROUGH 6.05.160. IF THE
BALLOT IS CAST IN THE CLERK’S OFFICE, THE CLERK SHALL RETAIN IT FOR DELIVERY
TO THE CANVASSING BOARD. IF THE BALLOT IS CAST IN ANOTHER LOCATION, THE
VOTER SHALL RETURN IT BY MAIL TO THE CLERK IMMEDIATELY FOR DELIVERY TO
THE CANVASSING BOARD.
(B) A VOTER WHO DOES NOT RECEIVE A MAIL-IN BALLOT MAY CAST HIS OR HER
BALLOT IN PERSON AS SPECIFIED IN KMC 6.05.145.
(C) A VOTER MAY RETURN THE MAIL-IN BALLOT TO THE CITY CLERK AS PROVIDED IN
KMC 6.05.160.
(ORD. 1800-98)
6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
(A) THE NOTICE OF ELECTION CALLING FOR THE ELECTION MUST STATE THAT THE
ELECTION IS TO BE CONDUCTED BY MAIL AND THAT THERE WILL BE NO POLLING
PLACE OPEN FOR REGULAR IN-PERSON VOTING ON ELECTION DAY. IN A BY-MAIL
ELECTION, ELECTION DAY IS THE DEADLINE BY WHICH A VOTER’S BALLOT MUST BE
RECEIVED BY THE CLERK.
(B) FOR EACH ELECTION CONDUCTED BY MAIL, THE PUBLIC NOTICE WILL BE GIVEN
AS SET FORTH IN KMC 6.05.100.
(ORD. 1800-98)
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
(A) THE CITY CLERK, OR DESIGNEE, SHALL ACT AS ABSENTEE VOTING OFFICIAL.
(B) THE DUTIES OF THE ABSENTEE VOTING OFFICIAL SHALL BE AS FOLLOWS:
(1) PROVIDE ABSENTEE VOTING IN PERSON ON ANY DATE, INCLUDING THE DAY
OF THE ELECTION, AND ABSENTEE VOTING THROUGH A PERSONAL
REPRESENTATIVE ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND
HAVE UNTIL THE DAY OF THE ELECTION TO RETURN THE BALLOTS;
(2) SIGN A VOTER’S BY-MAIL OATH AND AFFIDAVIT ENVELOPE AS AN
AUTHORIZED ATTESTING OFFICIAL, EXCEPT THAT THE ABSENTEE VOTING
OFFICIAL MAY NOT ATTEST HIS OR HER OWN BALLOT;
(3) ACCEPT RECEIPT OF A BY-MAIL VOTER’S HAND-DELIVERED VOTED BALLOT,
WHICH HAS BEEN SWORN TO, ATTESTED AND SEALED IN THE BY-MAIL RETURN
ENVELOPE;
(4) PROVIDE GENERAL VOTER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE TO A QUALIFIED VOTER WHO CANNOT READ, MARK THE BALLOT, OR
SIGN HIS OR HER NAME, AND PROVIDING REPLACEMENT BALLOTS TO VOTERS
WHO HAVE IMPROPERLY MARKED OR DAMAGED THEIR BALLOTS;
(5) DATE-STAMP ALL BALLOTS RECEIVED;
(6) PROVIDE FOR THE SECURITY AND SAFEKEEPING OF ALL BALLOTS RECEIVED
AND PRESENT THOSE BALLOTS TO THE CLERK FOR CANVASSING.
(ORD. 1800-98)
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6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
(A) A QUALIFIED VOTER MAY APPLY TO THE CITY CLERK FOR AN ABSENTEE BALLOT
TO BE SENT TO THE VOTER BY ELECTRONIC TRANSMISSION. SUCH APPLICATION
MUST BE MADE BY THE VOTER NOT LESS THAN THE DAY IMMEDIATELY PRECEDING
THE ELECTION. ABSENTEE BALLOTS WILL BE TRANSMITTED ELECTRONICALLY TO
THE LOCATION (FACSIMILE NUMBER, E-MAIL ADDRESS, OR SIMILAR DESIGNATION)
DESIGNATED IN THE APPLICATION. IF NO LOCATION IS DESIGNATED, AND IF THE
APPLICATION IS RECEIVED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE
ELECTION, THE BALLOT WILL BE MAILED IN THE MANNER PROVIDED IN KMC 6.05.140
FOR DELIVERING ABSENTEE BALLOTS BY MAIL. THE CLERK WILL PROVIDE
REASONABLE CONDITIONS FOR TRANSMITTING ABSENTEE BALLOTS
ELECTRONICALLY.
(B) THE VOTER MAY RETURN THE BALLOT BY MAIL OR BY ELECTRONIC
TRANSMISSION. AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL CONTAIN A
COPY OF THE BALLOT TO BE USED AT THE ELECTION IN A FORM SUITABLE FOR
TRANSMISSION. A PHOTOCOPY OF THE COMPUTERIZED BALLOT CARD TO BE USED
BY PERSONS VOTING IN PERSON AT THE POLLING PLACES IS ACCEPTABLE.
(C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY
ELECTRONIC TRANSMISSION MUST:
(1) CONTAIN THE FOLLOWING STATEMENT: “I UNDERSTAND THAT BY USING
ELECTRONIC TRANSMISSION TO RETURN MY MARKED BALLOT, I AM
VOLUNTARILY WAIVING A PORTION OF MY RIGHT TO A SECRET BALLOT TO THE
EXTENT NECESSARY TO PROCESS MY BALLOT, BUT EXPECT THAT MY VOTE WILL
BE HELD AS CONFIDENTIAL AS POSSIBLE.” FOLLOWED BY THE VOTER’S
SIGNATURE AND DATE OF SIGNATURE; AND
(2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER OATH AS TO THE
VOTER’S IDENTITY; THE STATEMENT UNDER OATH MUST BE WITNESSED BY ONE
(1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER.
(D) THE VOTER MAY RETURN THE BALLOT BY MAIL. THE BALLOT MUST BE MARKED,
ATTESTED, AND RETURNED IN ACCORDANCE WITH KMC 6.05.170(D) IF THE VOTER
RETURNS THE BALLOT BY MAIL.
(E) IF THE VOTER RETURNS THE BALLOT BY ELECTRONIC TRANSMISSION, THE
VOTER MUST COMPLY WITH THE SAME DEADLINES AS FOR VOTING IN PERSON ON
OR BEFORE THE CLOSING HOUR OF THE POLLS.
(F) WHEN A COMPLETED ABSENTEE BALLOT IS RECEIVED BY THE CITY THROUGH
ELECTRONIC TRANSMISSION, THE CLERK WILL NOTE THE DATE OF RECEIPT ON THE
ABSENTEE BALLOT APPLICATION LOG AND, IF THE BALLOT IS RECEIVED ON
ELECTION DAY, THE TIME OF RECEIPT. THE CLERK WILL THEN:
(1) REMOVE THE BALLOT PORTION OF THE TRANSMISSION FROM THE PORTION
THAT IDENTIFIES THE VOTER;
(2) PLACE THE BALLOT PORTION IN A SECRECY SLEEVE;
(3) SEAL THE SECRECY SLEEVE IN AN OUTER ENVELOPE OF THE TYPE USED
FOR ABSENTEE BALLOTS RETURNED BY MAIL, AND SEAL THAT ENVELOPE;
(4) ATTACH THE VOTER IDENTIFICATION PORTION TO THE OUTER ENVELOPE;
AND
(5) FORWARD THE OUTER SEALED ENVELOPE TO THE CANVASSING BOARD FOR
REVIEW.
(G) AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL BE COUNTED IN THE SAME
MANNER AS OTHER ABSENTEE BALLOTS, EVEN THOUGH THIS PROCEDURE MAY
REVEAL TO ONE (1) OR MORE ELECTION OFFICIALS THE MANNER IN WHICH A
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PARTICULAR ABSENTEE VOTER CAST HIS OR HER BALLOT. HOWEVER, IT SHALL BE
UNLAWFUL TO DISPLAY AN ELECTRONIC BALLOT IN A MANNER REVEALING THE WAY
IN WHICH A PARTICULAR VOTER CAST HIS OR HER BALLOT TO ANY PERSON OTHER
THAN THE CITY CLERK, A MEMBER OF THE CLERK’S STAFF, AN INFORMATION
TECHNOLOGIES TECHNICIAN RETAINED BY THE CITY, AN ELECTION OFFICIAL IN THE
COURSE OF HIS OR HER DUTIES, OR AN ATTORNEY ADVISING THE CLERK ON LEGAL
QUESTIONS CONCERNING THE BALLOT.
(ORDS. 2108-2005, 2556-2011)
6.05.340 STORING BALLOTS.
THE CLERK SHALL PROVIDE FOR THE SECURE STORAGE OF THE MAIL-IN BALLOTS
RECEIVED FROM THE VOTERS AND BY-MAIL OFFICIALS UNTIL THE DATE SET BY THE
CLERK FOR THE COUNTING OF THE BALLOTS. (ORD. 1800-98)
CHAPTER 6.10
FILING FOR OFFICE
SECTIONS:
6.10.010 NOMINATING PETITIONS.
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
6.10.030 WITHDRAWAL OF CANDIDACY.
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
6.10.010 NOMINATING PETITIONS.
(A) ANY QUALIFIED PERSON MAY HAVE HIS OR HER NAME PLACED ON THE BALLOT
FOR THE ELECTION AS A CANDIDATE FOR MAYOR OR COUNCIL BY FILING WITH THE
CITY CLERK, BETWEEN AUGUST 1ST, AND AUGUST 15TH, A SWORN STATEMENT OF
HIS OR HER CANDIDACY. IF AUGUST 15TH IS NOT A REGULAR CITY WORKDAY, THE
FILING PERIOD SHALL BE EXTENDED TO THE CLOSE OF BUSINESS OF THE NEXT
REGULAR CITY WORKDAY. SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A
NOMINATING PETITION SIGNED BY TWENTY (20) OR MORE REGISTERED, QUALIFIED
CITY VOTERS AS REQUIRED BY THE CITY CHARTER, SECTION 10-3.
(B) NO VOTER SHALL SIGN MORE THAN ONE (1) PETITION EXCEPT THAT A VOTER
MAY SIGN AS MANY NOMINATING PETITIONS FOR COUNCILMEMBERS AS THERE ARE
VACANCIES TO BE FILLED; AND IF A VOTER SIGNS MORE PETITIONS THAN HEREBY
AUTHORIZED, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT AS TO THE
AUTHORIZED NUMBER OF PETITIONS FIRST FILED.
(C) NOMINATION PETITIONS SHALL BE SUBSTANTIALLY IN THE FOLLOWING FORM:
NOMINATING PETITION
WE, THE UNDERSIGNED TWENTY (20)
ELECTORS OF THE CITY OF KENAI, HEREBY
NOMINATE AND SPONSOR
______________________, WHOSE ADDRESS
IS ______________________, FOR THE
OFFICE OF ______________________, TO BE
VOTED FOR AT THE ELECTION TO BE HELD
ON_____________; AND WE INDIVIDUALLY
CERTIFY THAT OUR NAMES PRESENTLY
APPEAR ON THE ROLLS OF REGISTERED
VOTERS OF THE CITY OF KENAI, AND THAT
WE ARE QUALIFIED TO VOTE FOR A
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CANDIDATE FOR AN ELECTIVE MUNICIPAL
OFFICE, AND THAT WE HAVE NOT SIGNED
ANY OTHER NOMINATING PETITION FOR THE
PARTICULAR OFFICE THIS CANDIDATE
SEEKS. CHECK TERM OF OFFICE
CANDIDATE IS SEEKING:______ ONE
YEAR;__________ TWO YEARS; THREE
YEARS.
_____________________________________
(HERE PLACE LINES FOR SIGNATURES,
ADDRESSES, AND DATES OF SIGNING.)
ACCEPTANCE OF NOMINATION
I HEREBY ACCEPT THE NOMINATION
FOR_______ AND AGREE TO SERVE_______
YEARS IF ELECTED.
DATE
FILED:___________
BY:___________
RECEIVED:____________ ______________
CITY CLERK SIGNATURE OF
CANDIDATE
(KC 6-33; ORDS. 247, 803, 995; AMENDED DURING 11-17-01 SUPPLEMENT; ORDS. 2067-
2004, 2562-2011)
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
WITHIN THREE (3) DAYS AFTER THE FILING OF THE STATEMENT OF CANDIDACY AND
NOMINATING PETITION, THE CITY CLERK SHALL DETERMINE WHETHER THE
NOMINATING PETITION IS SIGNED BY THE REQUIRED NUMBER OF REGISTERED
VOTERS, AND SO NOTIFY THE CANDIDATE. IF INSUFFICIENT, THE CITY CLERK SHALL
RETURN THE PETITION IMMEDIATELY TO THE CANDIDATE WITH A STATEMENT AS TO
WHY THE PETITION IS INSUFFICIENT. WITHIN THE REGULAR TIME FOR FILING
PETITIONS AND STATEMENTS OF CANDIDACY, A NEW PETITION AND STATEMENT OF
CANDIDACY MAY BE FILED BY THE CANDIDATE. THE ABOVE NOTICE TO THE
CANDIDATE AND THE RETURN OF AN INSUFFICIENT PETITION MAY BE IN PERSON, BY
DELIVERY BY POLICE, OR BY MAIL. (KC 6-34; ORD. 803)
6.10.030 WITHDRAWAL OF CANDIDACY.
ANY CANDIDATE FOR OFFICE MAY WITHDRAW HIS OR HER CANDIDACY AT ANY TIME
BEFORE THE EXPIRATION OF THE TIME WHEN CANDIDATES MAY FILE STATEMENTS
OF CANDIDACY, BY FILING A WRITTEN NOTICE OF WITHDRAWAL WITH THE CITY
CLERK DURING SUCH TIME. (KC 6-35)
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
THE PETITION AND STATEMENT OF CANDIDACY OF EACH CANDIDATE SHALL BE
PRESERVED BY THE CITY CLERK UNTIL THE EXPIRATION OF THE TERM OF OFFICE
FOR WHICH HE OR SHE WAS A CANDIDATE. (KC 6-36)
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CHAPTER 6.20
INITIATIVE AND REFERENDUM
SECTIONS:
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
THE INITIATIVE AND REFERENDUM SHALL BE GOVERNED BY THE CITY CHARTER,
SECTIONS 11-1 TO 11-5. THE PROVISIONS OF THIS CHAPTER OF THIS CODE SHALL
GOVERN ELECTIONS AT WHICH INITIATED AND REFERRED PROPOSALS ARE
SUBMITTED TO THE VOTERS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY ARE
APPLICABLE. (KC 6-37)
CHAPTER 6.30
RECALL
SECTIONS:
6.30.010 PROCEDURES AND GROUNDS.
6.30.010 PROCEDURES AND GROUNDS.
PROCEDURES AND GROUNDS FOR RECALL OF INCUMBENTS OF ELECTIVE OFFICES
OF THE CITY SHALL BE SUCH AS MAY BE PRESCRIBED BY LAW, AS PROVIDED BY THE
CITY CHARTER, SECTION 11-6. THE PROVISIONS OF THIS TITLE OF THIS CODE SHALL
GOVERN RECALL ELECTIONS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY
ARE APPLICABLE. (KC 6-38)]
Chapter 6.05
General Provisions
6.05.010 – Scope of Title
This title governs all city elections in which voters of the City are entitled to vote.
6.05.020 – Powers and Duties of the Clerk
The clerk is the election supervisor for and shall administer all city elections.
6.05.030 – Definitions
The following words, terms and phases, when used in this title, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
“Ballot” means any document provided by the clerk or designee on which votes may be case for
candidates or propositions. When the term “ballot” is used in this title is shall mean the official
ballot, except where the context clearly indicates it means the sample ballot or both types of
ballots.
"City election" means any election:
1. To fill a city office;
2. Upon a proposition submitted to the voters under the ordinances of the City; or
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3. That the city is required by law to administer.
"City office" means an elective office under the ordinances of the City.
"Clerk" and “City Clerk” mean the clerk of the City, any properly authorized assistant or designee.
"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special city election.
"Election official" means the clerk and members of all election boards.
"Election supervisor" means the clerk.
"Oath" includes affirmation on penalty of perjury.
"Precinct" means the geographical area for voting purposes that is defined by the Alaska State
Legislature.
"Proposition" includes question.
"Publication" means a newspaper of general circulation or posting in public places.
"Qualified voter" means any person who has the qualifications required by this chapter and is not
disqualified under Article V of the Alaska State Constitution.
"Regular election" means a general election to fill city offices as required by Alaska Statutes.
"Registration" or "registered" refers to the form of registration required by the state election code.
For city elections, a person is registered if registered to vote in state elections in the precinct in
which that person seeks to vote 30 days prior to the city election.
"Signature" includes any mark intended as a signature or subscription.
"Special election" means any election held at a time other than when a regular election is held.
"Swear" includes "Affirm".
"Total votes cast" means the total number of votes cast in each seat for candidates whose names
are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of
the ballot. Ballots which are counted as blank votes in a particular race and ballots which are
counted as over votes in a particular race shall not be added into the total votes in determining
the percentage of votes cast.
“Vote center” means any location designated by the clerk for the purpose of providing voter
assistance that is not solely for casting votes for a specific precinct.
"Voter" means any person who presents himself for the purpose of registering to vote or voting,
either in person or by absentee application or ballot.
6.05.040 – Severability
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Should any provision of this title or its application to any person or set of circumstances be held
invalid, the remainder of this title and its application to any persons or circumstances shall not be
affected.
6.05.050 – Election Times.
(a) Regular Election. Annually, on the first Tuesday of October, a regular election shall be
held in the city for the election of vacant city offices and for the determination of other
matters as may be placed on the ballot as authorized by the City Charter, Section 10-1.
(b) Special Election. The council, by resolution or ordinance, may call a special election at
any time at least 75 days prior to the date of the election. Unless the council has set a
date for a required special election, the election supervisor shall call a special election
when required by law or ordinance to place and initiative, referendum, recall, or other
question before the voters.
(c) Nothing in this chapter shall prohibit holding a city election on the same day and by the
same election personnel as a State, Borough, or other public election, or submitting a city
question at such an election, as authorized by the City Charter, Section 10-8.
6.05.060 – Votes Required for Election to Office.
(a) Each city office shall be filled by the candidate receiving the greatest number of votes as
authorized by the City Charter, Section 10-4.
(b) Tie votes. In case of a failure to elect because of a tie vote, the council shall immediately
proceed to recount the votes pursuant to KMC 6.45.010. If there is still a failure to elect
because of a tie after completion of the recount, the election shall be determined fairly by
lot from among the candidates tying, in a meeting of the Council and under its direction,
in accordance with the City Charter, Section 10-4.
6.05.070 – Preservation of Election Ballots, Papers, and Materials.
The clerk shall preserve all precinct election certificates, tallies, registers, receipts for ballots, all
voted ballots, and declarations of candidacy filed for one month after the election is certified,
unless the election is contested. If the election is contested, these records shall be preserved for
one month after the election contest is resolved and the election is certified. These materials may
be destroyed after their retention period has lapsed unless their destruction is stayed by an order
from the court. Certificates of the canvass board are to be preserved as permanent records.
6.05.080 – Election Expenses.
(a) The City shall pay all necessary expenses relating to the conduct of each city election.
Necessary expenses shall include those associated with conducting the election. The
clerk shall retain a record for auditing and payment of election expenses.
(b) The City shall pay each election official and canvass board member an hourly rate for time
spent at his or her election duties, including the receiving of instructions. The election
supervisor shall set the hourly compensation to be paid for time spent by election officials.
6.05.090 – Initiative, Referendum, and Recall.
(a) The initiative and referendum shall be governed by the City Charter, Sections 11-1 to 11-
5. The provisions of this chapter of this Code shall govern elections at which initiated and
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referred proposals are submitted to the voters, as well as other elections, insofar as they
are applicable.
(b) As set forth by the City Charter, Section 11-6, All incumbents of elective offices of the City,
including persons chosen to fill vacancies in such offices, shall be subject to recall from
office by the qualified voters of the City. Procedures and grounds for recall shall be such
as may be prescribed by law. The Council, by ordinance, may further regulate the recall
insofar as such regulation is not in conflict with the State Constitution or law.
6.05.100 – Offenses and Penalties
(a) It is unlawful for any person, firm, or corporation to do any of the following acts, and any
person, firm, or corporation who does any of the following acts shall be guilty of a violation:
(1) Directly or indirectly uses or threatens to use force, coercion, violence, restraint, inflicts,
or threatens to inflict damage, harm, or loss upon or against any person to induce or compel
the person to vote or refrain from voting for any candidate in any election or for any election
proposition or question.
(2) Gives or promises to give, or offers any money or valuable thing to any person, with the
intent to induce him or her to vote for or restrain him or her from voting for any candidate at
any election or any election proposition or question.
(3) Knowingly prints or circulates, or causes to be written, printed, or circulated, any letter,
circular, bill, placard, poster, or other publication relating to any election or to any candidate
at any election or to any election proposition or question without the same bearing on its face
the name and address of the author, printer, and publisher thereof.
(4) Writes, prints, or circulates, or who shall cause to be written, printed, or circulated, any
letter, circular, bill, placard, or poster, or who causes any paid advertisement to be placed in
a newspaper or any other publication, or who pays or contributes to the payment for any such
advertisement, or who makes any radio broadcast, willfully knowing the letter, circular, bill,
placard, poster, publication, paid advertisement, or radio broadcast to contain any false
statement, charge, or comment relating to any candidate to any election or to any election
proposition or question.
(5) Has in his or her possession outside of the voting room any official ballot, provided that
this shall not apply to election officials or other properly authorized persons having such
possession in line of duty.
(6) Makes or knowingly has in his or her possession any counterfeit of an official ballot.
(7) Refuses to allow an employee reasonable time off for the purpose of voting when the
employee does not have a reasonable amount of time to vote before or after work, or who,
after allowing the time off, deducts the time from the compensation of the employee.
(8) Being an election official while the vote centers are open, opens any ballot received from
a voter at an election, or marks a ballot so as to be able to recognize it, or otherwise attempts
to learn how any voter marked their ballot, or allows the same to be done by any other person.
(9) Writes, produces, or assists in writing or producing any published letter, circular, poster,
bill, publication, or placard, knowing that it contains any false statement or false charge
reflecting on the character, morality, or integrity of any candidate at any election.
(10) Votes or attempts to vote in the name of another person or in any name other than his
or her own.
(11) By force, threat, intimidation, or offer of reward, induces or attempts to induce any
election official to fail in his or her duty.
(12) Willfully changes or causes to be changed any official election documents, including
ballots, tallies, and returns, or attempts to do the same.
(13) Willfully delays or causes to be delayed the election returns, or attempts to do so.
(14) Willfully votes or attempts to vote more than once at the same election.
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(15) Signs any name other than his or her own to a petition proposing an initiative,
referendum, or recall, or knowingly signs his or her name more than once for the same
proposition or question at one (1) election, or signs the petition knowing that he or she is not
a qualified voter.
(16) Having been contracted or employed by the City to print or reproduce in any manner
any official ballot, willfully appropriates to him or herself, or gives or delivers to, or knowingly
permits to be taken by anyone other than a person authorized by the City Clerk, any official
ballots, or knowingly prints, reproduces, or causes to be printed or reproduced any official
ballots in any other form or with any other content than that prescribed by the Charter,
ordinance, or as directed by the City Clerk.
(17) Willfully makes a false affidavit or swears falsely under any oath required in connection
with any election or registration for voting or falsely affirms in lieu of so swearing.
(18) Willfully fails to perform any election duty or knowingly does any unauthorized act with
the intent to affect the election or its results.
(19) Willfully permits, makes, or attempts to make any false count or report of the election
returns.
(20) Being an election official, willfully conceals, withholds, wrongfully changes, mutilates,
or destroys the election returns, or attempts to do so.
(b) Any person, firm, or corporation who is guilty of a violation as defined hereinabove shall be
punished upon conviction thereof as provided for misdemeanors in KMC 13.05.010.
Chapter 6.10
Voter Qualifications
6.10.010 – Voter Qualifications
A person is qualified to vote in a city election who:
(a) Have the qualifications for voters prescribed by the City Charter, Section 10-6, the State
Constitution, Article V, Sections1 and 2, and State Law; and
(b) Is registered to vote in state elections at a residence address within the City at least 30
days before the city election at which the person seeks to vote.
6.10.020 – Rules for Determining Residence of Voters.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
(a) A person may not be considered to have gained a residence solely by reason of presence
nor may a person lose it solely by reason of absence while in the civil or military service
of this state or of the United States or by absence because of marriage to a person
engaged in the civil or military service of this state or the United States, while a student at
an institution of learning, while in an institution or asylum at public expense, while confined
in public prison, while engaged in the navigation of waters of this state or the United States
or of the high seas, while residing upon an Indian or military reservation, or while residing
in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(b) The residence of a person is that place in which the person's habitation is fixed, and to
which, whenever absent, the person has the intention to return. If a person resides in one
place, but does business in another, the former is the person's place of residence.
Temporary work sites do not constitute a dwelling place.
(c) A change of residence is made only by the act of removal joined with the intent to remain
in another place. There can only be one place of residence.
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(d) A person does not lose residence if the person leaves home and goes to another country,
state, or place in this state for temporary purposes only and with the intent of returning.
(e) A person does not gain residence in any place to which the person comes without the
present intention to establish a permanent dwelling at that place.
(f) A person loses residence in this city if the person votes in another in another city’s or
borough’s election or another state’s election, either in person or by absentee ballot, and
will not be eligible to vote in this state again until qualifying under provisions of state law.
(g) The term of residence is computed by including the day on which the person’s residence
begins and excluding the day of election.
(h) The address of a voter as it appears on the official voter registration record is presumptive
evidence of the person’s voting residence. This presumption is negated only if the voter
notifies the Division of Elections in writing of a change of voting residence.
6.10.030 - Notice of voter registration.
Before each election that is not a run-off election, the clerk shall post on the city website and
publish at least twice in a newspaper of general circulation a notice of voter registration. The
posting and first publication shall occur not less than 60 days before the election. The notice shall
include the qualifications required to vote and the deadline for registering to vote in the election.
Chapter 6.15
Filing for Office
6.15.010 – Candidate Qualifications
A candidate for elective city office:
(a) Shall have the qualifications required in City Charter, Section 2-1(b), as of the date of the
declaration of candidacy,
(b) Shall provide proof of qualifications for office as required by the clerk, and
(c) Shall submit a nominating petition, on a form provided by the clerk, signed by twenty (20)
or more registered qualified City voters, in accordance with City Charter, Section 10-3.
6.15.020 – Nomination and Declaration of Candidacy.
(a) A candidate for council or mayor may have his or her name placed on the ballot for election
as a candidate for Mayor or Council by filing with the clerk, between August 1st and August
15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn declaration of
his or her candidacy, on a form or forms provided by the clerk, accompanied by the public
financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular
City workday, then candidates shall have until noon on the first workday following to file
their candidacy paperwork.
(b) A nominating petition shall include:
1. The full name of the candidate the petitioners are sponsoring; and
2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate for; and
4. The length of the term of office for which the petitioners are nominating the
candidate for; and
5. Certification that the petitioners’ names appear on current voter registration rolls
for the City of Kenai, are qualified to vote for a candidate for elective municipal
office, and have not signed any other nominating petition for the particular office
the named candidate seeks.
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(c) No voter shall sign more than one (1) petition except that a voter may sign as many
nominating petitions for councilmembers as there are vacancies to be filled; and if a voter
signs more petitions than hereby authorized, his or her signature shall be void except as
to the authorized number of petitions first filed.
(d) A declaration of candidacy shall include:
1. The full name of the candidate and the manner in which he/she wishes his/her
name to appear on the ballot; and
2. The full residence and mailing address of the candidate; and
3. The office for which the candidate declares; and
4. A statement that the candidate is qualified for the office as provided by law; and
5. Certification that the information contained in the declaration of candidacy is true
and accurate; and
6. The date and signature of the candidate; and
7. Attestation and date by the clerk; and
8. Any other information the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
(e) Within three (3) days after the filing of the declaration of candidacy and nominating
petition, the clerk shall determine whether the nominating petition is signed by the required
number of registered voters, and so notify the candidate. If insufficient, the clerk shall
return the petition immediately to the candidate with a statement as to why the petition is
insufficient. Within the regular time for filing petitions and declarations of candidacy, a new
petition and declaration of candidacy may be filed by the candidate. The above notice to
the candidate and the return of an insufficient petition may be in person or by mail.
6.15.030 – Review of Candidate Qualifications.
(a) In determining residence within the City, for the purposes of this chapter, the clerk shall apply
the following rules:
1. A person establishes residence within the city by:
(A) Actual physical presence at a specific location within the city; and
(B) Maintaining a habitation at the specific location;
2. A person may maintain a place of residence at a specific location within the city
while away from the location for purposes of employment, education, military
service, medical treatment or vacation if the person does not establish residency
at another location; and
3. A qualified voter loses residence by voting in another city or borough or in another
state's election.
(b) The clerk shall determine whether each candidate is qualified as provided by law. At any time
before the election the clerk may disqualify any candidate whom the clerk finds is not
qualified. A candidate who is disqualified may request a hearing before the clerk. The hearing
shall be held no later than 5 business days after the request unless the candidate agrees in
writing to a later date.
(c) Any person may question the eligibility of a candidate who has filed a declaration of
candidacy by filing a complaint with the clerk. A complaint regarding the eligibility of a
candidate must be received by the clerk not later than the close of business on the 10th
calendar day after the filing deadline for the office for which the candidate seeks election.
(d) The complaint must be in writing and include the name, mailing address, contact phone
number, and signature of the person making the complaint, and a statement in 200 words or
less specifying the grounds for the complaint, described in particular, on which the
candidate’s eligibility is being questioned.
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(e) The clerk will review only those issues cited in the complaint related to candidate
qualifications established by this chapter.
(f) Upon receipt of a complaint, the clerk will review any evidence relevant to the issues identified
in the complaint which is in the custody of the municipal clerk's office including evidence
provided with the complaint, the candidate's registration record, declaration of candidacy,
and, in the discretion of the clerk, any other public record. Following review of all relevant
evidence in the case, and within 20 days of receiving the complaint, the clerk will determine
whether a preponderance of evidence supports or does not support the eligibility of the
candidate. The process for issuing a final determination will be as follows:
1. The clerk will send notification in writing to the candidate whose eligibility is being
questioned that a complaint has been received. The notification will include a copy of the
complaint, supporting relevant evidence, a statement as to whether a preponderance of
evidence reviewed as of that notice supports or does not support the eligibility of the
candidate, and a request that the candidate provide a sworn response statement along
with any relevant supporting evidence.
2. The clerk must also notify the challenger that all relevant evidence must be submitted
within 7 calendar days of the date of the clerk’s notice to the candidate that a complaint
has been filed. If the clerk receives additional evidence during this 7-day period, such
evidence must be provided to the candidate with an opportunity to respond. Absent
extraordinary circumstances, the clerk shall not consider evidence received after the
challenger’s deadline to submit evidence.
3. The candidate’s response statement and any supporting evidence must be received
within 10 calendar days of the date of the clerk’s notice to the candidate that a complaint
has been filed. Absent extraordinary circumstances, the clerk shall not consider evidence
received after the candidate’s deadline to submit evidence.
4. For purposes of this section, “extraordinary circumstances” must be specified in writing,
documenting a serious circumstance or event beyond the control of the individual
providing the late evidence.
5. Following review of all relevant evidence in the case, and within 20 days of receiving the
complaint, the clerk will issue a final determination based on a preponderance of
evidence standard for review
6. A final determination must be issued in writing within 20 days of the clerk receiving the
complaint.
(g) The clerk must send the final written decision to the person making the complaint and to the
candidate. The clerk’s decision shall be sent by certified mail and by electronic mail (email),
if an email address is known. The determination of the clerk constitutes a final administrative
decision. An appeal of the clerk’s decision shall be filed with the State of Alaska Superior
Court at Kenai, Alaska in conformance with the Rules of Appellate Procedure of the State of
Alaska, Part VI.
6.15.040 – Correction, Amendments, and Withdrawal of Declaration of Candidacy.
(a) Any candidate may withdraw their nomination at any time during the period for filing a
nomination petition declaration of candidacy by appropriate written notice to the clerk.
However, after the filing period has closed, no declaration may be corrected, amended or
withdrawn.
(b) A declaration of candidacy presented shall not be changed as to term of office. If a
candidate desires to file for a different seat, the candidate shall request new forms from
the clerk.
6.15.050 – Campaign Reporting.
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All candidates for elective city office shall comply with the Alaska Public Offices Commission
campaign reporting requirements in Alaska Statutes 15.13. The name of the candidate shall be
placed on the ballot by the clerk only after the candidate has complied with this requirement.
6.15.060 – Prohibitions.
(a) A person may not serve simultaneously as a member of the city council or mayor and as
a member of the borough assembly or as borough mayor.
(b) No elected official of the City may hold any other compensated city office or city
employment or elected position in the state or federal government while in office.
6.15.070 – Notice of Vacancy.
At least ten days before nominations are open for each regular or special election, the clerk shall
publish at least twice in a newspaper of general circulation, a notice of offices to be filled at the
election and the procedure for filing a nomination petition and declaration of candidacy for the
offices.
6.15.080 – Watchers.
Any candidate for elective city office may appoint a watcher for each vote center or counting
center. State law relating to watchers in elections shall govern watchers in city elections insofar
as it is applicable.
Chapter 6.20
Administration of Elections
6.20.010 – Election Notices.
(a) Notice of Election. Before every city election, regular or special, the clerk shall cause to
be published at least twice in a newspaper of general circulation, a notice of election. The
clerk shall also post a notice of election on the official city bulletin board and in two (2)
other public places in the city limits. The posting and first publication shall occur at least
20-days before an election. Each notice of election shall include:
1. The type of election, whether regular or special;
2. The date of the election;
3. A statement that the election is to be conducted by mail and that there will be no
precinct polling places open for the election on election day;
4. The hours and locations the vote centers will be open;
5. The offices to which candidates are to be elected;
6. The subjects of propositions to be voted upon;
7. Voter qualifications and instructions for registration; and
8. Instructions for application for absentee voting.
(b) Failure to publish such a notice of an election shall not affect the validity of the election or
of the vote for any candidate or on any proposal; but, if caused by the clerk, shall constitute
failure to perform his or her official duties.
(c) In addition to the above notice, the clerk shall publish in full, every charter amendment,
every ordinance, and every other question which is to be submitted at an election, except
a referred ordinance which was published in full after passage, not more than four (4)
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weeks and at least two (2) weeks before the election in accordance with the City Charter,
Sections 1-7(4) and 10-8.
(d) Notice of Bonded Indebtedness. Before a general obligation bond issue election, the clerk
shall publish notice of total existing bonded indebtedness at least once a week for three
consecutive weeks. The first notice shall be published at least 20-days before the date of
the election. The notice must include:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds, of the City;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation within the city.
6.20.020 – Election Officials.
(a) Before each election, the clerk, subject to approval by the council, shall appoint election
officials.
(b) If any appointed election official is not able or refuses to serve, the clerk may appoint a
replacement for that official.
(c) All election officials, before entering upon their duties, must subscribe to the oath required
of all public officers by the Constitution of the State of Alaska in the manner prescribed by
the clerk.
(d) Candidates shall not serve as election officials. Certain familial relationships may not exist
between a candidate and an election official in regular or special elections. Those familial
relationships are:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
(e). If the clerk knows or learns that any of these relationships exist, the election official shall
be notified and replaced.
6.20.030 – Ballot Form.
(a) The ballot shall be designed with the position of names of the candidates set out in the
same order in each section on each ballot used in that election. However, the order of
placement of the names of the candidates for each office shall be randomly determined
by the clerk.
(b) The title of the office to be filled shall be followed by the printed names of the candidates
for such office, below which shall be blank lines equal in number to the candidates to be
elected to such office, upon which the voter may write the names of persons not listed on
the ballot. The words "Vote for no more than _______" with the appropriate number
replacing the blank, shall be placed before the list of candidates for each office. The names
of the candidates shall be printed as they appear upon the declaration filed with the clerk,
except that any honorary or assumed title or prefix shall be omitted. However, the
candidate's name appearing on the ballot may include a nickname or familiar form of a
proper name. The names of candidates shall be set out in order as provided in subsection
A. of this section.
(c) The propositions to be voted on shall follow the candidates for office or shall be on
separate ballots, as the clerk may determine. The words "yes" and "no" shall appear below
each proposition.
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(d) Each ballot shall bear the words "Official Ballot," and the date of the election.
(e) A ballot shall be printed either on paper or on card stock as provided in this title.
(f) The ballots shall be consecutively numbered.
6.20.040 – Ballot Preparation and Distribution.
(a) The clerk shall have ballots printed for each election. The clerk may contract for the
preparation and printing of ballots without competitive bidding.
(b) The clerk shall possess the printed ballots at least 21 days before each regular election
and at least 15 days before each special election. At that time, the ballots may be
inspected by any candidate whose name is on the ballot, or by his or her authorized agent,
and any discovered mistake shall be corrected immediately.
(c) The clerk shall have sample ballots available to voters which are identical in form to the
official ballot, and which are printed on colored paper and marked “sample.” Sample
ballots shall be made available at vote centers.
Chapter 6.25
Elections by Mail
6.25.010 – By-Mail Precincts.
(a) All precincts within the City shall be designated as “by-mail” precincts. The procedures
shall be as follows:
a. Ballots shall be sent to each registered voter in the precinct on or before the 21st
day prior to the regular or special election
b. Voted ballots must be postmarked on or before midnight of Election Day and
received by the clerk no later than the Tuesday following the election.
(b) Voters wishing to vote in person may do so at designated vote center(s).
6.25.020 – Procedures for Conducting Elections by Mail.
(a) The clerk shall mail by non-forwardable mail an official ballot package with a return
identification envelope addressed to the Clerk’s Office and a secrecy sleeve. The ballot,
return envelope, and secrecy envelope shall be mailed no later than the 21st day before
the date of a regular or special election and no later than the 15th day before the date of
a runoff election. The ballot shall be sent to the address stated on the official registration
list unless:
1. The voter has notified the clerk in writing of a different address to which the ballot
should be sent; or
2. The address on the official registration list has been identified as being an
undeliverable (UN) address or is in the condition of purge notice (PN).
(b) On receipt of any ballot described in this section, the voter shall mark the ballot, sign the
return identification envelope supplied with the ballot, and comply with the instructions
provided with the ballot. The voter may return the marked ballot to the Clerk’s Office by
return mail or by depositing the ballot at any place of deposit designated by the clerk. The
ballot must be returned in the identified envelope. A ballot must be received by the clerk
or at a place of deposit designated by the clerk, not later than the end of the period
determined under regulations established by the clerk.
Chapter 6.30
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Absentee and Vote Center Voting.
6.30.010 – Administration of Absentee Voting.
The clerk shall provide general administrative supervision over the conduct of absentee voting.
The clerk shall make available, instruction to absentee voters regarding the procedure for
absentee voting.
6.30.020 – Designation of Absentee Voting Officials.
The clerk may appoint any person qualified to vote in state elections to act as absentee voting
officials. The clerk shall supply adequate voting supplies and ballots to the absentee voting
officials. After taking an oath in the form required of election officials, an absentee voting official
may perform all the duties of an election official with respect to the issuance, witnessing and
receipt of absentee ballots at such places and times as the clerk may designate. Each absentee
voting official shall transmit the dated envelopes containing the marked ballots to the clerk in the
manner set forth in the written instructions provided by the clerk. Upon receipt of the absentee
ballots, the clerk shall hold the ballots in a secure location until they can be transferred to the
canvass board along with the absentee in person registers and other election materials received
from the absentee voting official.
6.30.030 – Eligibility.
Any qualified voter may vote at a vote center for the precinct in which the voter resides and is
registered if the voter was unable to vote by mail whether inside the city or not.
6.30.040 – Fee Prohibited.
No person may receive a fee from the voter for attesting to any voter’s certificate required in voting
absentee.
6.30.050 – Materials for Absentee Voting.
The clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a
small envelope in which the voter shall initially place the marked ballot, and shall provide a larger
envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with
ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter's
certificate on the back, in which the smaller envelope with ballot enclosed shall be placed. The
clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for
use when required, that the voter is a qualified voter in all respects, a blank for the voter's
signature, a certification that the affiant properly executed the marking of the ballot and identified
themselves, blanks for the attesting official or witnesses, and a place for recording the date the
envelope was sealed and witnessed.
6.30.060 – Vote Center Voting – In Person.
(a) A qualified voter may apply in person for an absentee ballot at the office of the clerk during
regular office hours, or the voter may apply to the borough clerk’s office or election official
during regular office hours.
(b) On receipt of an application in person for an absentee ballot and exhibition of proof of
identification as required in this title, the election official shall issue the ballot to the applicant.
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(c) The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope,
to place the small envelope in the larger envelope in the presence of the election official who
shall sign as attesting official and date of the signature. The election official shall then accept
the ballot.
(d) The election official may not accept a marked ballot that has been exhibited by an absentee
voter with intent to influence other voters. If the voter improperly marks or otherwise damages
a ballot, the voter may request, and the election official shall provide the voter with another
ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be
destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.
(e) Each election official shall keep a record of the names and the signatures of voters who cast
absentee ballots before the election official and the dates on which the ballots were cast.
(f) Fifteen minutes before the closing of the vote center, and at the time of closing the voter
center, an election official shall announce both the designated closing time and the actual time
at which the announcement is made. Failure to make the announcement at 15 minutes before
closing time shall not in any way invalidate the election or extend the time for closing of the
voter center. After closing, no person will be allowed to enter the voter center for purposes of
voting. Every qualified voter present and in line at the time prescribed for closing the voter
center may vote.
(g) When the vote centers are closed and the last vote has been cast, the election official shall
account for all ballots by completing a ballot statement containing, in a manner prescribed by
the clerk, the number of official ballots supplied.
6.30.070 – Absentee Voting – By Mail.
(a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the
first of the year in which the election is to be held nor less than seven days before an election.
A voter may request his name be placed on permanent absentee by mail status. The
application shall include the address to which the absentee ballot is to be returned, the
applicant's full Alaska residence address, and the applicant's signature.
(b) After receipt of an application by mail, the clerk shall send the absentee ballot and other
absentee voting material to the applicant by first class mail. The materials shall be sent as
soon as they are ready for distribution. The return envelope sent with the materials shall be
addressed to the clerk.
(c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public,
commissioned officer of the armed forces including the National Guard, district judge or
magistrate, United States postal official, or other person qualified to administer oaths, may
proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the
small envelope in the larger envelope, and to sign the voter's certificate on the back of the
larger envelope in the presence of an official listed in this subsection who shall sign as
attesting official and shall date his signature. If none of the officials listed in this subsection
are reasonably accessible, an absentee voter shall have the ballot witnessed by a person
over the age of 18 years.
(d) An absentee ballot must be marked and attested on or before the date of the election. If the
voter returns the ballot by mail, he shall use the most expeditious mail service and mail the
ballot not later than the day of the election to the clerk. It must be postmarked on or before
midnight of Election Day and received by the clerk no later than noon on the seventh day
following the election. Ballot envelopes received after that time shall not be opened but shall
be marked "invalid", with the date of receipt noted thereon, and shall be preserved with other
ballot of the election.
(e) The clerk may require a voter casting an absentee ballot by mail to provide proof of
identification or other information to aid in the establishment of his identity.
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(f) The clerk shall maintain a record of the name of each voter to whom an absentee ballot is
sent by mail. The record must list the date on which the ballot is mailed and the date on which
the ballot is received by the clerk and the dates on which the ballot was executed and
postmarked.
6.30.080 – Absentee Voting – By Electronic Transmission.
(a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such
request must be made not less than the day immediately preceding the election. Absentee
ballots will be electronically transmitted to the location designated in the application. If no
location is designated, and if the request is received no later than seven days prior to the
election, the ballot will be mailed in the manner provided in KMC 6.35.070 for absentee ballots
by mail. The clerk will provide reasonable conditions for electronically transmitting absentee
ballots.
(b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election
in a form suitable for transmission. A photocopy of the computerized ballot card to be used by
persons voting in person at the vote center is acceptable.
(c) An absentee ballot that is completed and returned by the voter by electronic transmission
must:
1. Contain the following statement: "I understand that by using electronic transmission to
return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to
the extent necessary to process my ballot, but expect that my vote will be held as
confidential as possible.", followed by the voter's signature and date of signature; and
2. Be accompanied by a statement executed under oath as to the voter's identity; the
statement under oath must be witnessed by one United States citizen who is 18 years of
age or older.
(d) The voter shall mark the ballot on or before the date of the election and shall use a mail service
at least equal to first class and mail the ballot not later than the day of the election to the clerk.
The ballot may not be counted unless it is received by noon on the 7th day after the election.
(e) A voter who returns the absentee ballot by electronic transmission must comply with the same
deadlines as for voting in person on or before the closing hour of the vote centers.
(f) When a completed absentee ballot is received by electronic transmission, the clerk will note
the date of receipt on the absentee ballot application log and, if the ballot is received on
Election Day, the time of receipt. The clerk will then:
1. Remove the ballot portion of the transmission from the portion that identifies the voter;
2. Place the ballot portion in a secrecy sleeve;
3. Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots
returned by mail, and seal that envelope;
4. Attach the voter identification portion to the outer envelope; and
5. Forward the outer sealed envelope to the canvas board for review.
(g) An electronically transmitted ballot shall be counted in the same manner as other absentee
ballots, even though this procedure may reveal to one or more election officials the manner in
which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display
a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot
to any person other than the clerk, a member of the clerk's staff, an election official in the
course of his or her duties, or an attorney advising the clerk on legal questions concerning the
ballot.
6.30.090 – Special Needs Voting.
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A qualified voter with a disability who, because of that disability, is unable to go to a vote center
to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for
in accordance with the rules adopted by the state for use in state elections and in effect at the
time of the local election.
6.30.100 – Prohibitions.
(a) During the hours that the vote centers are open, no election official may discuss any political
party, candidate or issue while on duty.
(b) During the hours the vote centers are open, no person who is in the voter center or within 200
feet of any entrance to the voter center may attempt to persuade a person to vote for or against
a candidate, proposition or question. Nor may any person conduct other political activities that
may pertain to any future election or potential ballot proposition. The election official shall post
warning notices in the form and manner prescribed by the clerk.
(c) No voter may exhibit a ballot to an election official or any other person so as to enable any
person to ascertain how the voter marked the ballot, except as provided in this chapter.
(d) While the vote centers are open no election official may open any ballot received from a voter,
mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to
learn how a voter marked a ballot, or allow the same to be done by another person.
(e) No person may leave the voter center with the official ballot that the person received to mark.
6.30.110 – Assisting Voter.
A qualified voter who cannot read, mark the ballot, or provide a signature may request assistance
from an election official or not more than two persons of the voter’s choice. If the election official
is requested, the official shall assist the voter. If any other person is requested, the person
providing assistance shall state upon oath before the election official that the voter’s ballot will be
kept confidential.
6.30.120 – Spoiled Ballots.
The election supervisor shall specify uniform procedures for replacement, registration and
disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election
judges.
6.30.130 – Placing Ballot in Ballot Box.
When the voter has marked the ballot, the voter shall inform the election official. The clerk may
require that the voter return the ballot to the election official temporarily so that any stub which
may be part of the ballot may be removed by the election official. Any such requirement shall
protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the
voter in the presence of the election official unless the voter requests the election official to deposit
the ballot.
Chapter 6.35
Ballot Counting Procedures.
6.35.010 – Commencement of Ballot Count.
Upon receipt of voted ballot packages the election official will verify that the voter has provided at
least one identifier, signed the envelope and that the signature has been witnessed. If the ballot
package is complete and valid the package will be sorted by precinct and the ballot and identifying
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envelope will be separated. The ballot will proceed to be scanned and counted. The unofficial
results will not be tallied until the end of the designated election period.
6.35.020 – General Procedure for Ballot Count.
The clerk may issue rules prescribing the manner in which the precinct ballot count is
accomplished so as to assure accuracy in the count and to expedite the process. The election
board shall account for all ballots by completing a ballot statement containing (1) the number of
official ballots received; (2) the number of official ballots voted; (3) the number of official ballots
spoiled; (4) the number of official ballots unused and destroyed. Discrepancies shall be noted and
the numbers included in the certificate prescribed by the clerk. When hand counting ballots, the
election official shall count the ballots in a manner that allows watchers to see the ballots when
opened and read. No person handling the ballot after it has been taken from the ballot box and
before it is placed in the envelope for mailing may have a marking device in hand or remove a
ballot from the immediate vicinity.
6.35.030 – Rules for Counting Hand-Marked Ballots.
(a) The election officials shall count hand marked ballots according to the following rules:
1. A voter may mark his or her ballot with a cross mark, “X” mark, diagonal, horizontal
or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the
parking device provided at the vote center or with any black-inked marker. The
marks will be counted only if they are clearly spaced in the square opposite the
name of the candidate the voter desires to designate.
2. A failure to properly mark a ballot as to one or more candidates does not itself
invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a
vote shall be counted for each candidate properly marked.
4. If a voter more names than there are persons to be elected to the office, the votes
for candidates for that office shall not be counted.
5. The mark specified in subsection 1 of this section shall be counted only if it is
substantially inside the square provided, or touching the square so as to indicate
clearly that the voter intended the particular square marked.
6. Improper marks on the ballot shall not be counted and shall not invalidate marks
for candidates properly marked.
7. An erasure or correction invalidates only that section of the ballot in which it
appears.
(b) The rules set out in this section are mandatory and there shall be no exceptions to them.
A ballot may not be counted unless marked in compliance with these rules.
6.35.040 – Write-in Votes.
(b) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed
on the ballot unless the election board determines, on the basis of other evidence, that the
ballot was so marked for the purpose of identifying the ballot.
(c) In order to vote for a write-in candidate, the voter must write a candidate's name in the space
provided and, in addition, mark the square opposite the candidate's name in accordance with
KMC 6.35.030(a). Stickers may not be used. Use of stickers can cause that portion of the
ballot to be invalidated.
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(d) Write-in votes shall only be tabulated by person if the total number of write-in votes for an
office exceeds the smallest number of votes cast for a candidate for that office whose name
is printed on the ballot.
6.35.050 – Disqualified Candidate.
Votes cast for a candidate who is disqualified shall not be counted for any purpose.
6.35.060 – Tally of Votes.
Tally of votes cast by paper ballots. The clerk shall issue instructions and shall provide forms and
supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the
process. The election board shall canvass and count the votes according to the rules for
determining marks on ballots prescribed in KMC 6.30.030. The election board shall canvass the
ballots in a manner that allows watchers to see the ballots when opened and read. No person
handling the ballot after it has been taken from the ballot box and before it is placed in the
envelope for delivery to the election supervisor may remove a ballot from the immediate vicinity
of the polls or have a marking device in hand.
6.35.070 – Completion of Ballot Count.
When the tally of hand counted ballots is completed, and in no event later than the day after the
election, the election board shall make a certificate in duplicate of the results. The certificate
includes the number of votes cast for each candidate, for and against each proposition, yes or no
on each question, and any additional information prescribed by the election supervisor. The
election board shall, immediately upon completion of the certificate or as soon thereafter as the
local mail service permits, send in one sealed package to the election supervisor one copy of the
certificate and the register. In addition, all ballots properly cast shall be mailed or hand delivered
to the election supervisor. The package shall clearly indicate the precinct from which it came. To
assure adequate protection the election supervisor shall prescribe the manner in which the
ballots, registers and all other election records and materials are thereafter preserved, transferred
and destroyed.
Chapter 6.40
Canvassing and Certification of Election Results.
6.40.010 – Canvass Board.
(a) Pursuant to the provisions of Section 10-9 of the Charter of the City of Kenai, there is hereby
established a Canvassing Board for the canvassing of all City elections; regular and special, and
to ascertain and declare the results thereof, as follows:
(1) The City Clerk is hereby designated as the Chair of the Canvassing Board.
(2) The Canvassing Board shall consist of the City Clerk and up to eight (8) additional judges
selected from among the qualified voters of the city. In the event any such appointed member
of the Board is absent from the city, ill, or otherwise unable to attend at the time set for
canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge
from the same precinct to substitute for the appointed member.
(b) All members of the election canvass board, before entering upon their duties, must subscribe
to the oath required of all public officers by the Constitution of the State of Alaska in the manner
prescribed by the clerk.
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6.40.020 – Preparation for Counting Ballots Delivered by Mail.
(a) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
(b) Not sooner than the tenth day before the date of an election, in preparation for counting ballots
delivered by mail, the election supervisor may:
1. begin opening return identification and secrecy envelopes of ballots delivered by mail and
received; and
2. take any other actions that are necessary to allow the counting of ballots delivered by mail
to begin at 8:00 p.m., local time, on election day.
6.40.030 – Canvass of Returns.
(a) The canvassing board shall meet on the Tuesday following each election, the election canvass
board shall meet in public session and canvass all election returns. In full view of those
present, the election canvass board shall judge the applicability of by mail and absentee
ballots, shall open and tally those accepted, and shall compile the total votes cast in the
election. Upon completion of the canvass, the canvassing board shall prepare a final
certificate of the results of votes cast by absentee ballot and of votes cast by mail ballot, and
shall prepare a written report of the results.
(a) The clerk, as chair of the canvassing board, shall report the results of the election to the
council at the next regular council meeting following the meeting of the canvassing board.
6.40.040 – Voters Not on Official Registration List.
A person whose registration has been canceled under AS 15.07.130(b) shall not have their ballot
counted.
6.40.050 – Certification of the Election Results.
(b) At the next regular council meeting following the meeting of the canvassing board, the council
shall meet in public session to receive the report of the canvass board. If, after considering
the report, the council determines that the election was validly held, the election shall be
certified by resolution and entered upon the minutes of the meeting, together with the total
number of votes cast for each candidate and for or against each proposition or question.
(c) If the canvass board reports that a failure to comply with provisions of state law and city
ordinances, or an illegal election practice has occurred, and that such failure is sufficient to
change the outcome of the election, then the council may exclude the votes cast in one or
more precincts where such failure or illegal practices occurred from the total returns, or may
declare the entire election invalid and order a new election.
(d) If the canvass board reports an apparent discrepancy in the returns of one or more precincts,
the council may order a recount of votes cast in said precinct or precincts. Such recount shall
be conducted immediately by the canvass board and the results shall be reported to the
council. The council shall meet as soon as possible to certify the results of the election
recount.
(e) Upon certification of a valid election, the clerk shall deliver to each person elected to office a
certificate of election, signed by the clerk and authenticated by the seal of the city, in
accordance with City Charter, Section 10-9.
Chapter 6.45
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Election Recount.
6.45.010 – Recount Application.
(a) Any defeated candidate or any ten (10) qualified voters, who believe that a mistake has been
made by an election official or by the canvass board in counting the votes in any election, may
make an application in writing to the clerk for a recount of the votes for any particular office or on
any particular question. The application must be filed in the office of the City Clerk within twenty-
four (24) hours, excluding any Saturday, Sunday, or holiday after the Council certifies the results
of the vote being questioned. In case of a tie vote between two (2) or more candidates, to which
only one candidate is to be elected, the clerk shall initiate a recount.
(b) The application shall include a deposit in cash or by certified check for the amount listed in
the most current City of Kenai Schedule of Rates, Charges and Fees. The deposit shall be applied
against any costs incurred or refunded if there is no liability for recount costs.
(c) A recount application shall state in substance the basis of the belief that a mistake has been
made and shall identify the particular precinct, office, proposition or question for which the recount
is to be held and shall state that the person making the application is a candidate or that the ten
persons making the application are qualified voters. The candidate or person making the
application shall designate by full name and mailing address two persons who shall represent the
applicant during the recount. Any person may be named representative, including the candidate
or any person signing the application. Applications by ten qualified voters shall also include the
designation of one of the number as chairman. The candidate or persons making the application
shall sign the application and shall print or type their full name and mailing address.
6.45.020 – Date of Recount – Notice.
(a) If the clerk determines that the application is substantially in the required form, the clerk shall
fix the date of the recount to be held within forty-eight (48) hours, excluding any Saturday,
Sunday, or holiday, after the receipt of an application requesting a recount of the votes in a
city election after it has been initiated under KMC 6.45.010.
(b) The clerk shall give the recount applicant and other directly interested parties notice of the
time and place of the recount by telephone or electronic transmission.
6.45.030 – Procedure for Recount.
(a) If a recount of ballots is demanded, the clerk shall appoint a recount board of four or more
qualified voters to conduct the recount of ballots or those precincts cited in the application for
recount.
(b) In conducting the recount, the recount board shall review all ballots to determine which ballots
or parts of ballots, were properly marked and which ballots are to be counted in the recount,
and shall check the accuracy of the original count, the precinct certificate, and the review. For
administrative convenience, the clerk may join and include two or more applications in a single
review and count of votes. The rules governing the counting of marked ballots shall be
followed in the recount.
(c) The ballots and other election materials shall remain in the custody of the clerk during the
recount and the highest degree of care shall be exercised to protest the ballots against
alteration or mutilation. The recount shall be completed within ten days.
6.45.040 – Certification of Recount Result.
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Upon completion of the recount, the recount board shall meet and adopt a report of the results of
the recount for submission to the council. The council shall abide by procedures for issuing a
certificate of the election as set forth in this title. The clerk shall promptly issue another election
certificate if a change in the results requires it.
6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount.
If, upon recount, a different candidate or position on a proposition or question is certified or if the
vote on recount is 4 percent or more in excess of the vote originally certified for the candidate or
position on a proposition or question supported by the recount application, the entire deposit shall
be refunded to the recount applicant; otherwise, it shall be placed in the general fund of the City.
If this section does not require that the entire deposit be refunded, the clerk shall refund any
money remaining after the cost of the recount has been paid from the deposit. If it is determined
that the contestant shall bear the costs of the recount pursuant to this section and the deposit is
insufficient to cover the costs, the City may recover the excess costs from the contestant. If the
recount is obtained by voters, each of them shall be individually liable for the whole amount of
such expense.
6.45.060 – Appeal to the Courts After Recount.
Any candidate or a majority of the persons who requested a recount who have reason to believe
that an error has been made in the recount involving any candidate or question, may appeal to
the Superior Court in accordance with applicable court rules governing appeals in civil matters.
The filing of the appeal and the proceedings shall be, as nearly as may be, as in case of such an
appeal made after a recount in a State election.
Chapter 6.50
Contest of Election.
6.50.010 – Grounds for Election Contest.
A candidate or any ten (10) qualified voters of the city may contest the election of any person or
the approval or rejection of any question or proposition upon one or more of the following grounds:
(a) Malconduct, fraud or corruption by an election official sufficient to change the result of the
election;
(b) The person elected is not qualified under law or ordinance; or
(c) Existence of a corrupt election practice, as defined by the laws of the State of Alaska, sufficient
to change the result of the election.
6.50.020 – Contest Procedure.
(a) Notice of contest of an election shall be submitted in writing to the clerk before five p.m. on
the day of the certification of the election or to the assembly at its meeting to certify the election
returns. The notice of contest shall specify the election being contested, the grounds of the
contest, and shall bear the notarized signatures of the candidate or qualified voters bringing
the contest. The notice shall be in substantially the following form:
NOTICE OF ELECTION CONTEST
The undersigned contest the regular (or special) election of the City of Kenai held on the
_____ day of __________________. The grounds for the contest are as follows:
Signature and date
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Ordinance No. 3127-2020
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(Notarization)
(b) Upon receiving a notice of contest, the council shall order an investigation be conducted by
the clerk and city attorney. Those contesting the election, those whose election is contested,
and the public shall be allowed to attend all investigation and recounting proceedings.
(c) If the contest involves the eligibility of voters the council shall direct the clerk to recheck the
most current state registration lists. After considering the reports of the investigating officials
and any other proof, the council shall determine whether any illegally cast votes could have
affected the election results. If they could not have, the council may so declare and determine
the election valid and certify the results pursuant to this title.
(d) If the contest involves other prohibited election practices which are shown to have taken place,
the council, in certifying the election returns, shall exclude the vote of the precincts where
such practices occurred. If it is determined that such exclusion could not affect the election
results, the council shall declare the election valid and certify the results pursuant to this title.
(e) The contestants shall pay all costs and expenses incurred in a recount of an election as
provided by KMC 6.45.010.
6.50.030 – Appeal or Judicial Review.
A person may not appeal or seek judicial relief of an election for any cause or reason unless the
person is qualified to vote in the city, has exhausted all administrative remedies before the council,
and has commenced within ten (10) days after the council has finally declared the election results,
an action in the superior court. If an action under this section is not commenced within the ten-
day period, the election and the election result shall be conclusive, final, and valid in all respects.
Chapter 6.55
Special Elections.
6.55.010 – Procedure.
The clerk shall conduct special elections in accordance with the procedures set out in this title for
a regular election.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
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___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: May 20, 2020
Enacted: *, 2020
Effective: *, 2020
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Robert Peterkin, Council Member
DATE: May 14, 2020
SUBJECT: Ordinance No. 3127-2020
In January 2019 the Kenai Peninsula Borough formed the Election Stakeholder Group in response
to an ADA complaint related to election practices and I, along with Mayor Gabriel, City Manager
Ostrander, and City Clerk Heinz participated in the group’s meetings. The group’s guiding
principles included maximizing accessibility and inclusivity, ensuring efficiency and conservation
of public resources, ensuring voter satisfaction and confidence, ensuring longevity in the solution,
promoting coordination and collaboration, ensuring security and integrity of the voting system,
encouraging higher voter turnout, and ensuring continuity of election operations. The group
received presentations from local clerks, the State of Alaska Division of Elections, the Municipality
of Anchorage, the United States Postal Service, and the Kenai Peninsula Borough’s (KPB) current
ballot printer. The group also received demonstrations from two software/hardware providers.
Presentations reviewed both polling place and vote by mail structures. The group unanimously
adopted six recommendations, the number one recommendation being to transition the election
process from a polling site structure to a vote by mail hybrid structure. On September 18, 2019,
the Kenai City Council adopted Joint Resolution No. 2019-001, recognizing the recommendations
of the KPB Election Stakeholders Group and directing staff to explore implementation of the
recommendations.
In December 2019, the KPB clerk’s office contracted with Resource Data for the completion of a
feasibility study and cost analysis for a vote by mail system implementation and, Resource Data’s
final feasibility study, in section 2.1. Overall Assessment, indicated that they believed that KPB
would be able to successfully transition to an area-wide vote by mail election process.
The City of Kenai shares approximately 6,000 voters with KPB and traditionally, much of the
election process is a joint effort making voting both in the City of Kenai and KPB elections not
only a more convenient process for the shared voters but a more fiscally responsible one.
Ordinance 3127-2020 will codify and implement the vote by mail hybrid system recommended by
the Election Stakeholders Group in conjunction with KPB to continue to provide convenient,
secure and fiscally responsible elections to the city’s voters in a sustainable and accessible way.
Your consideration is appreciated.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz
DATE: May 12, 2020
SUBJECT: Ordinance No. 3127-2020
Following is an analysis of how our current election code was incorporated into Ordinance No.
3127-2020, highlights potential policy changes, and discusses which sections of our current
election code would no longer be needed if the city were to move to a by-mail election process.
6.05.010 is new and provides a scope for the title.
6.05.020 replaces current 6.05.070, indicates that the clerk administers elections, and was
adapted from Kenai Peninsula Borough (KPB) Code.
6.05.030 is new, provides definitions, and was incorporated as found in KPB’s code as potentially
amended by KPB Ordinance No. 2020-24.
6.05.040 is new, provides a severability clause, and was incorporated from KPB’s code.
6.05.050 speaks to timing of elections, is adapted from KPB code, includes some details from our
own city charter, and provides a timeline for a special election. Subsection (c) replaces current
6.05.260.
6.05.060 speaks to the number of votes required for election to office, includes detail from city
charter, and is adapted from KPB code; subsection (b) replaces current 6.05.130.
6.05.070 speaks to record retention and replaces current 6.05.280. This section is adapted from
KPB code and reduces retention of most records to 30 days after certification of election. Because
retention of some election certification records is permanent, windows of appeal periods being
small, and certification finalizing the election the records being reduced to the shortened retention
length would no longer be needed; others are not the City’s record but Alaska Public Offices
Commission’s (APOC) record. Ordinance No. 3128-2020 is a companion ordinance to this one
and moves retention of financial disclosure forms, as is, to Title 1.
6.05.080 replaces current 6.05.050; addresses the city paying all necessary expenses relating to
its elections and was modified to remain consistent with KPB regarding wages and by-mail.
6.05.090 replaces current chapters 6.20 and 6.30 relating to initiative, referendum, and recall
situations.
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6.05.100 brings offenses and penalties forward which are currently in 6.05.270. Some offenses
to note are, using force to coerce a voter to vote in a certain way and voting or attempting to vote
in the name of another person or in any name other than his or her own. Punishments for
convicted violations are spelled out in KMC 13.05.010 so, our own police department could be
leveraged to investigate.
6.10.010 replaces current 6.05.010 relating to voter qualifications, is also spelled out in charter,
and adds a bit more language specific to registration; this was adapted from City of Soldotna
(CoS) and KPB.
6.10.020 is new and was included pursuant to KPB and CoS. It was modified from AS 15.05.020.
This information would provide something for the city to look to in the event of an election contest.
6.10.030 is new in the code but has been past practice; a joint advertisement with CoS.
6.15.010 and 6.15.020 pull a lot of information from city charter and replace current chapter 6.10.
They go into more detail about what information is included in nomination petitions and
declarations of candidacy. A change here which was incorporated from KPB code modifies the
ending of the filing period in the event August 15 falls on a weekend or holiday with the extended
deadline being noon on the designated day instead of close of business.
6.15.030 is new; was copied from a KPB ordinance which was adopted in January. This section
will provide review processes for determining candidate qualifications and also in the event of an
election contest similar to what Homer, KPB, and Haines have experienced.
6.15.040 provides an opportunity for a candidate to amend and withdraw their candidacy. It
contains some information from current 6.10.030 and was adapted from KPB code.
6.15.050 is new and is a policy decision relating to campaign reporting; it was taken from KPB
code. It can be left as it is which puts the clerk in the position of policing state law, or the second
sentence can be removed putting the onus on the candidate. It is current practice that the clerk
provides information for accessing APOC to determine what type of reporting would be necessary.
6.15.060 would be a new policy in our code and was taken from KPB and COS.
6.15.070 is a new policy for our code but is current practice, likely taken from KPB at some point.
6.15.080 speaks to watchers and is in our current code as 6.05.060. It is not in KPB code so
Anchorage code was looked to for rewording in a by mail situation.
6.20.010 covers election notices and replaces current 6.05.320. Timing changes match KPB. A
notice of bonded indebtedness was included which isn’t currently mentioned in our code.
6.20.020 regarding election officials replaces current 6.05.040 regarding poll workers and now
matches KPB’s ordinance 2020-24 for by mail.
6.20.030 is new and specifies ballot form.
6.20.040 speaks to ballot preparation and distribution, and covers what is currently 6.05.080; this
was copied from KPB so election resources could continue to be shared.
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Chapter 6.25 speaks to by mail elections and is copied from KPB’s ordinance 2020-24 for by mail;
6.25.010 incorporates current 6.05.030 to the extent possible with a transition to a by mail election.
6.30.010 is new and speaks to the clerk supervising absentee voting; it was copied from KPB
code.
6.30.020 speaks to absentee voting officials and was copied from KPB code and ordinance
2020-24; it covers current 6.05.340 and 6.05.330.
6.30.030 and 6.30.040 discuss who is eligible to vote by mail and prohibits someone collecting a
fee for attesting a voter’s certificate required on an absentee ballot; these were copied from KPB
code.
6.30.050 discusses the clerk providing materials for absentee voting and covers the absentee
portion of current 6.05.080.
6.30.060 discusses voting in person in a vote center and was copied from KPB ordinance 2020-
24 to provide for sharing resources; this section covers portions of current 6.05.145, 150, and
160.
6.30.070 discusses voting absentee by mail and was adapted from KPB code and ordinance
2020-24. This section addresses portions of current 6.05.140, 145, 150, 160, and 170. It also
speaks to a portion of current 6.05.120(c). A new policy here provides that a permanent absentee
by mail list will be provided by the City. This is in KPB’s existing code and was being considered
by the state through HB115 which died in committee when legislature adjourned.
6.30.080 speaks to voting absentee by electronic transmission and incorporates current code
sections 6.05.145, 150, 160, 170, and 335.
6.30.090 is not in our current code; however, has been our practice.
6.30.100 speaks to electioneering rules and was not previously codified by the city; it was copied
from KPB code.
6.30.110 provides guidance on assisting voters and was not previously codified by the city; it was
also copied from KPB code.
6.30.120 provides for the clerk to specify rules for spoiled ballots and has been practice though it
has never been in code; it was copied from KPB code.
6.30.130 discusses ballot boxes in the vote centers and covers current 6.05.090 to the extent
possible with a mostly by mail election; it was copied from KPB code as may be amended by
ordinance 2020-24.
Chapter 6.35 is copied from KPB’s code and ordinance 2020-24 to match in counting procedures
for sharing election resources.
6.40.010 moves into the canvass board part of the election and incorporates what is currently in
6.05.120 (a); it was adapted from KPB code as may be amended by ordinance 2020-24 and it
now speaks to full number of election workers and no longer refers to precincts.
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6.40.020 begins with counting procedures considering an influx of by mail ballots received and
was copied from KPB code as may be amended by ordinance 2020-24.
6.40.030 is a high level overview of the canvass board’s responsibilities and incorporates current
6.05.120(b) and (d)
6.40.040 speaks to ballots of voters not appearing on official registration lists not being counted
and has been practice; this section was copied from KPB code.
6.40.050 discusses certification of election results and contains information from charter and the
city’s past practices; it is new and was adapted from KPB code.
Chapter 6.45 provides policies and adds procedures for an election recount and was copied from
KPB code while incorporating the city’s current code sections 6.05.220 and 6.05.230. Timelines
and certain practices were updated; for example, our code currently indicates that a recount
request can be brought to the Mayor and that the requestor can pay by bond.
Chapter 6.50 provides policies and adds procedures for an election contest and was copied from
KPB code while incorporating 6.05.240.
To the extent possible with a transition to a by mail election process, all current sections of code
were incorporated into this ordinance while retaining the ability to share resources with the
borough and attempting to improve processes and provide clarity. Sections in current code that
were not incorporated in some way were 6.05.110 which speaks to f ollowing state statutes
regarding to elections and a poll-based type of election, 6.05.200 is not addressed in KPB code
and was left out to provide for the ability to share resources with the borough to the extent we
decide, 6.05.210 which speaks to computer testing to the satisfaction of a data processing control
board which does not exist, and 6.05.250 which speaks to rules and regulations developed by the
Director of Elections at the state level which would be aimed at poll based elections.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, CMC, City Clerk
DATE: June 24, 2020
SUBJECT: Ordinance No. 3127-2020 Amendments
At the June 18 work session I was asked to review a few sections of Ordinance 3127-2020. This
is a summary of findings and my recommendations.
1. It was suggested that Section 6.15.060 in Ordinance 3127-2020, relating to prohibiting a
Council Member filling other elective offices, conflicts with Charter Section 2-3, which
allows for a Council Member to be paid for a Borough Assembly position.
Recommended amendment:
Amend Ordinance 3127-2020 by deleting Section 6.15.060 in its entirety and
renumbering all subsequent sections in chapter 6.15 appropriately.
2. It was asked if the ballot placement procedure would change given the statement in
Section 6.20.030 of Ordinance 3127-2020 that name placement would be randomly
determined by the clerk. The name placement procedure that is used at present is not
currently addressed in code and I have no intent to change present practice; the random
determination by the clerk would be determination by drawing names.
3. It was noted that Section 6.30.030 in Ordinance 3127-2020, which speaks to eligibility for
voting by mail with a caveat that the voter needs to be unable to vote by mail, conflicted
with Section 6.30.010 (b) which provides that voters wishing to vote in person may do so
at designated vote centers.
Recommended amendment:
Amend Ordinance 3127-2020 by deleting the words, “if the voter was unable to vote by
mail,” so Section 6.30.030 reads, “Any qualified voter may vote at a vote center for the
precinct in which the voter resides and is registered whether inside the city or not.”
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Additionally, some other suggestions were brought to my attention and I would like to thank Carol
Freas for doing so. From her suggestions I recommend the following amendments:
1. Definition of “Qualified Voter.” Qualified voter is defined in charter and in section 6.10.010
of Ordinance 3127-2020. In section 6.10.010, charter is cited.
Recommended amendment:
Delete the definition of Qualified Voter in section 6.05.030.
2. In section 6.15.040(b) of Ordinance 3127-2020 reference is made to filing for a different
seat. The city doesn’t have council seats and this is an error from copying and pasting.
Recommended amendment:
Amend Ordinance 3127-2020 by replacing the word, “seat,” with the word, “office” in
Section 6.15.040(b).
Several scrivener’s errors were pointed out and if there is no objection, I will correct them for the
official enacted version or a substitute version should it be decided a substitute is needed.
Examples of the errors include:
In the definition of ballot in 6.05.030, the word case should be cast and the word is should be it.
In 6.05.090(b) All should be all. In 6.10.020(f) in another appears twice in a row. In 6.15.030
there are several references to numbers that, for consistency, should be spelled out with the
number following.
Finally, on Monday, June 22, the Borough Clerk sent an email advising that Mayor Pierce intended
to veto Kenai Peninsula Borough (KPB) Ordinance 2020-24, which is the KPB’s ordinance for a
by-mail hybrid election style, and it is anticipated the veto would be addressed at the July 7th
assembly meeting. She also indicated that on Friday, June 19, she received a referendum petition
for the same ordinance noting that the sponsors had until July 27 to obtain the required 1300+
signatures in order to place question to refer the ordinance on the October 6 ballot; she then has
ten days to certify there are a sufficient number of petitions. Given this information, I recommend
postponing Ordinance 3127-2020 to the August 19 meeting. At that meeting we would know
if the outcome of the above and we could identify our next steps forward.
The amendments proposed herein may be reserved to a future meeting; I felt it best to get them
documented sooner than later.
Your consideration is appreciated.
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Sponsored by: Council Member Peterkin
CITY OF KENAI
ORDINANCE NO. 3127-2020 (SUBSTITUTE)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
REPLACING KENAI MUNICIPAL CODE TITLE 6- ELECTIONS, TO PROVIDE CLARITY,
PROCESS IMPROVEMENTS, AND INCREASE VOTER ACCESSIBILITY THROUGH VOTE BY
MAIL ELECTIONS.
WHEREAS, state statutes provide that local governing bodies establish the procedures governing
local elections; and,
WHEREAS, it is in the best interest of the City to provide for clear processes in its elections; and,
WHEREAS, the City has realized efficiencies in its election processes by sharing election
resources such as election workers with the Kenai Peninsula Borough (KPB); and,
WHEREAS, KPB entered into a conciliation agreement with the Alaska Human Rights
Commission which specified that the KPB would have an ADA compliant election process in place
by the end of 2020; and,
WHEREAS, it is prudent for the City to also have ADA compliant election processes in place; and,
WHEREAS, the KPB Assembly established the Election Stakeholders Group (“ESG”) through the
direction and adoption of Resolution 2019-006, which included community members and
members from many local governments in the KPB, including City Manager Ostrander, Mayor
Gabriel, Council Member Peterkin and City Clerk Heinz from the City; and,
WHEREAS, the ESG researched ways to increase voter participation by developing sustainable
election processes that maximize accessibility and inclusivity; and,
WHEREAS, ensuring security of the voting system, including hardware, software, accountability
procedures, and the voter registration database and maintaining integrity in the system by
adopting internal controls, including signature verification, to ensure all valid votes are counted
were among guiding principles adopted by the ESG; and,
WHEREAS, after holding many public meetings throughout 2019 the ESG issued a final report
with six specific recommendations regarding potential changes to KPB code and election
processes which are intended to achieve guiding principles adopted by the ESG; and,
WHEREAS, recommendation number 1 of the ESG was for the KPB assembly to transition the
election process from the current polling site structure to a vote by mail hybrid structure (VBMS);
and,
WHEREAS, recent catastrophic events including disaster declarations related to local floods, fires
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and a global public health pandemic reinforce the need to implement a VBMS election process
that will allow for greater flexibility and voter participating when events make it impractical or
impossible to vote at a traditional polling site; and,
WHEREAS, in response to the current statewide emergency disaster, Governor Dunleavy signed
Senate Bill 241 in to law which, among other things, authorizes elections to be conducted by mail
during the emergency disaster; and,
WHEREAS, on June 2, 2020, the KPB Assembly adopted KPB Ordinance No. 2020-24 providing
for vote by mail elections.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Repealing and Re-enacting Title 6 of the Kenai Municipal Code: That Kenai
Municipal Code, Title 6 - Elections is hereby repealed and re-enacted as follows:
[CHAPTER 6.05
VOTING QUALIFICATIONS AND PROCEDURES
SECTIONS:
6.05.010 QUALIFICATIONS FOR VOTERS.
6.05.020 REGISTRATION.
6.05.030 PRECINCT AND POLLING PLACE.
6.05.040 PRECINCT BOARD.
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
6.05.060 WATCHERS.
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
6.05.090 BALLOT BOXES, VOTING BOOTHS.
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
6.05.130 TIE VOTES.
6.05.140 ABSENTEE VOTING.
6.05.145 ABSENTEE VOTING IN PERSON.
6.05.150 ABSENTEE VOTING—APPLICATION.
6.05.160 ABSENTEE VOTING—BALLOTS.
6.05.170 ABSENTEE VOTING—BY MAIL.
6.05.180 VOTING—AUTHORIZED.
6.05.190 VOTING—BOARDS.
6.05.200 VOTING DEVICES AND MACHINES.
6.05.210 VOTING—TESTS AND SECURITY.
6.05.220 RECOUNT OF VOTES—APPLICATION.
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
6.05.240 ELECTION CONTESTS.
6.05.250 RULES AND REGULATIONS.
6.05.260 CITY ELECTION TIME.
6.05.270 OFFENSES AND PENALTIES.
6.05.280 RECORD RETENTION.
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
6.05.310 CASTING BALLOTS.
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6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
6.05.340 STORING BALLOTS.
6.05.010 QUALIFICATIONS FOR VOTERS.
PERSONS WHO HAVE THE QUALIFICATIONS FOR VOTERS PRESCRIBED BY THE CITY
CHARTER, SECTION 10-6, THE STATE CONSTITUTION, ARTICLE V, SECTIONS 1 AND 2,
AND STATE LAW, SHALL BE QUALIFIED TO VOTE IN CITY ELECTIONS IF THEY ARE
REGISTERED AS PROVIDED IN THIS TITLE. (KC 6-1)
6.05.020 REGISTRATION.
(A) THE ELECTION JUDGES SHALL KEEP AN ORIGINAL REGISTER ON WHICH EACH
VOTER SHALL, BEFORE RECEIVING A BALLOT, SIGN THE VOTER’S NAME AND EITHER
COMPLETE OR CORRECT BOTH THE VOTER’S RESIDENCE AND MAILING ADDRESSES.
A RECORD SHALL BE KEPT ON THE REGISTER OF THE NAME OF EACH PERSON WHO
OFFERED TO VOTE, BUT WAS REFUSED, AND A BRIEF STATEMENT OF THE BASIS OF
THE REFUSAL. THE SIGNING OF THE REGISTER CONSTITUTES A DECLARATION BY
THE VOTER THAT THE VOTER IS QUALIFIED TO VOTE.
(B) VOTERS MAY BE IDENTIFIED FROM SUCH REASONABLE SOURCES AS STATE
VOTER REGISTRATION LISTS, BEING KNOWN TO THE ELECTION JUDGES AS
RESIDENTS OF THE CITY OF KENAI, OR BY SUCH OTHER IDENTIFICATION AS IS
ACCEPTED CUSTOMARILY FOR SCHEMES OF “PRE-REGISTRATION” QUALIFICATIONS.
(C) REGISTERS SIGNED BY VOTERS ON ELECTION DAY SHALL BE KEPT WITH THE
RECORDS OF THAT ELECTION.
(D) AS USED IN THIS TITLE, “REGISTER” SHALL MEAN THE COMPUTER PRINTOUT
ENTITLED “STATE OF ALASKA PRECINCT REGISTER” (OR ANY FORM SUBSEQUENTLY
SUBSTITUTED THEREFOR) SUPPLIED BY THE DIVISION OF ELECTIONS OF THE STATE
OF ALASKA FOR USE IN EACH PRECINCT.
(KC 6-9; ORDS. 193, 803)
6.05.030 PRECINCT AND POLLING PLACE.
(A) THE CITY OF KENAI SHALL BE COMPOSED OF SUCH ELECTION PRECINCTS AS
MAY BE SET UP OR MODIFIED BY THE DIRECTOR OF ELECTIONS OF THE STATE OF
ALASKA FOR ALL CITY ELECTIONS, BOTH REGULAR AND SPECIAL. THE POLLING
PLACES WILL BE AS DESIGNATED BY THE STATE OF ALASKA, DIVISION OF
ELECTIONS.
(B) CHANGES OF THE POLLING PLACES MAY BE ACCOMPLISHED BY THE COUNCIL BY
MOTION, RESOLUTION, OR ORDINANCE.
(KC 6-12,13; ORDS. 159, 803, 1182)
6.05.040 PRECINCT BOARD.
(A) THERE SHALL BE ELECTION BOARDS FOR THE PRECINCTS IN THE CITY
COMPOSED OF THREE (3) OR MORE JUDGES APPOINTED BY THE CITY COUNCIL. THE
JUDGES SHALL BE QUALIFIED VOTERS OF THE CITY. THE CITY COUNCIL MAY
DESIGNATE ONE OF THE JUDGES CHAIR OF THE BOARD, AND THE CHAIR SHALL BE
PRIMARILY RESPONSIBLE FOR THE ADMINISTRATION OF THE ELECTION IN THE
PRECINCT. THE CITY COUNCIL MAY ALSO APPOINT FROM AMONG THE QUALIFIED
VOTERS OF THE CITY ONE (1) OR TWO (2) CLERKS WHERE IT DEEMS THEIR SERVICES
ARE NECESSARY. THE CITY CLERK, AS THE ELECTION SUPERVISOR, MAY APPOINT
NOT MORE THAN FOUR (4) ELECTION CLERKS FROM AMONG THE QUALIFIED VOTERS
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OF THE CITY AT ANY POLLING PLACE WHERE THEY ARE NEEDED TO CONDUCT AN
ORDERLY ELECTION AND TO RELIEVE THE ELECTION JUDGES OF UNDUE HARDSHIP
IF HE OR SHE THINKS THEY ARE NEEDED AND IF THE CITY COUNCIL AUTHORIZES IT.
(B) ALL CITY ELECTION PERSONNEL SHALL BE APPOINTED WITHOUT REGARD TO
THEIR MEMBERSHIP IN ANY POLITICAL PARTY.
(C) ALL ELECTION JUDGES AND CLERKS, BEFORE ENTERING UPON THEIR DUTIES,
MUST SUBSCRIBE TO THE OATH REQUIRED OF ALL PUBLIC OFFICERS BY THE
CONSTITUTION OF THE STATE OF ALASKA IN THE MANNER PRESCRIBED BY THE
CLERK. IF ANY APPOINTED ELECTION OFFICIAL IS NOT ABLE OR REFUSES TO SERVE
ON ELECTION DAY, THE CLERK MAY APPOINT A REPLACEMENT FOR THAT OFFICIAL.
(D) CANDIDATES SHALL NOT SERVE AS ELECTION OFFICIALS. CERTAIN FAMILIAL
RELATIONSHIPS MAY NOT EXIST BETWEEN A CANDIDATE AND A PRECINCT ELECTION
JUDGE, ELECTION CLERK, OR MEMBER OF A BALLOT COUNTING TEAM IN REGULAR
OR SPECIAL ELECTIONS. THOSE FAMILIAL RELATIONSHIPS ARE:
(1) MOTHER, MOTHER-IN-LAW, STEPMOTHER;
(2) FATHER, FATHER-IN-LAW, STEPFATHER;
(3) SISTER, SISTER-IN-LAW, STEPSISTER;
(4) BROTHER, BROTHER-IN-LAW, STEPBROTHER;
(5) SPOUSE; OR
(6) PERSON SHARING THE SAME LIVING QUARTERS.
(E) IF THE ELECTION SUPERVISOR KNOWS OR LEARNS ANY OF THESE
RELATIONSHIPS EXIST, THE PRECINCT ELECTION JUDGE, ELECTION CLERK, OR
MEMBER OF THE BALLOT COUNTING TEAM SHALL BE NOTIFIED AND THE PERSON
REPLACED.
(KC 6-12,13; ORDS. 159, 2108-2005)
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
(A) THE CITY SHALL PAY ALL NECESSARY EXPENSES RELATING TO THE CONDUCT
OF EACH CITY ELECTION, INCLUDING THOSE OF SECURITY POLLING PLACES, AND
SHALL PROVIDE BALLOT BOXES, BALLOTS, VOTING BOOTHS OR SCREENS, NATIONAL
FLAGS, AND OTHER SUPPLIES AND ANY WAGES TO ELECTION OFFICIALS UNLESS
OTHERWISE PROVIDED BY THIS CODE.
(B) THE CITY SHALL PAY EACH ELECTION BOARD MEMBER AND CANVASS BOARD
MEMBER AN HOURLY RATE FOR TIME SPENT AT HIS OR HER ELECTION DUTIES,
INCLUDING THE RECEIVING OF INSTRUCTIONS AND POSTING OF NOTICES. THE
ELECTION SUPERVISOR SHALL SET THE HOURLY COMPENSATION TO BE PAID FOR
TIME SPENT BY ELECTION OFFICIALS AT A RATE COMPARABLE TO THAT PAID BY THE
STATE FOR STATE ELECTIONS. THE CLERK SHALL RETAIN A RECORD FOR AUDITING
AND PAYMENT OF ELECTION EXPENSES, INCLUDING THE COST OF GIVING NOTICE,
RENTING POLLING PLACES, PAYING ELECTION OFFICIALS, SECURITY BALLOT BOXES,
BOOTHS AND OTHER ELECTION NECESSITIES.
(KC 6-14; ORD. 2108-2005)
6.05.060 WATCHERS.
ANY CANDIDATE FOR ELECTIVE CITY OFFICE MAY APPOINT A WATCHER FOR THE
PRECINCT. STATE LAW RELATING TO WATCHERS IN STATE ELECTIONS SHALL
GOVERN WATCHERS IN CITY ELECTIONS INSOFAR AS IT IS APPLICABLE. (KC 6-15)
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
THE CITY CLERK, UNDER DIRECTION OF THE CITY COUNCIL AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER, IS THE ELECTION SUPERVISOR FOR AND
SHALL ADMINISTER ALL CITY ELECTIONS. (KC 6-16; ORD. 2108-2005)
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6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
(A) THE CITY CLERK SHALL PREPARE AND FURNISH ALL OFFICIAL BALLOTS IN CITY
ELECTIONS. THE PROVISIONS OF STATE LAW RELATING TO THE PREPARATION AND
FURNISHING OF BALLOTS IN STATE ELECTIONS SHALL GOVERN THE PREPARATION
AND FURNISHING OF BALLOTS IN CITY ELECTIONS INSOFAR AS THEY ARE
APPLICABLE AND ARE NOT IN CONFLICT WITH THE CITY CHARTER OR ORDINANCE;
AND THE CITY CLERK SHALL PERFORM THE FUNCTIONS IN REGARD THERETO
PRESCRIBED BY LAW FOR THE DIRECTOR OF ELECTIONS IN REGARD THERETO IN
STATE ELECTIONS INSOFAR AS IT IS APPROPRIATE.
(B) AT THE TIME OF PREPARING, THE BALLOTS MAY BE INSPECTED BY ANY
CANDIDATE WHOSE NAME IS ON THE BALLOT, OR BY HIS OR HER AUTHORIZED
AGENT, AND ANY DISCOVERED MISTAKE SHALL BE CORRECTED IMMEDIATELY.
(C) THE CITY CLERK SHALL PROVIDE TINTED SAMPLE BALLOTS, OATHS OF OFFICE
OF JUDGES, QUESTIONED OATHS, TALLY SHEETS WHEN REQUIRED, INSTRUCTIONS
TO VOTERS, WARNING NOTICES, AND OTHER FORMS AND SUPPLIES REQUIRED FOR
CITY ELECTIONS; AND HE OR SHE SHALL GIVE THE DUPLICATE REGISTRATION INDEX
AND AN ADEQUATE SUPPLY OF OFFICIAL BALLOTS, SAMPLE BALLOTS, AND ALL
OTHER NECESSARY SUPPLIES AND MATERIALS TO THE CHAIRS OF THE PRECINCT
ELECTION BOARDS IN ADEQUATE TIME BEFORE A CITY ELECTION.
(KC 6-17; ORDS. 803, 941, 1652-95, 2108-2005)
6.05.090 BALLOT BOXES, VOTING BOOTHS.
THE CITY CLERK SHALL PROVIDE SUITABLE BALLOT BOXES AND AN ADEQUATE
NUMBER OF VOTING BOOTHS OR SCREENS. REGULATIONS MADE BY THE DIRECTOR
OF ELECTIONS, RELATING TO POLLING PLACES, BALLOT BOXES, VOTING BOOTHS,
SCREENS, FLAGS, AND SUPPLIES FOR STATE ELECTIONS, SHALL GOVERN THESE
MATTERS IN RELATION TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND
ARE NOT SUPERSEDED BY ORDINANCE. (KC 6-18; ORD. 803)
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
(A) AT LEAST TEN (10) DAYS BEFORE EVERY CITY ELECTION, REGULAR OR SPECIAL,
THE CITY CLERK SHALL CAUSE TO BE PUBLISHED BY POSTING ON THE OFFICIAL CITY
BULLETIN BOARD IN OR ON THE CITY ADMINISTRATION BUILDING AND IN TWO (2)
OTHER PLACES IN THE CITY, OR IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
THE CITY, A NOTICE OF SUCH ELECTION. THE NOTICE SHALL INCLUDE, BUT IS NOT
LIMITED TO, THE FOLLOWING:
(1) THE DATE OF THE ELECTION;
(2) TIME DURING WHICH THE POLLING PLACE WILL BE OPEN;
(3) THE LOCATION OF THE POLLING PLACE;
(4) OFFICES TO WHICH CANDIDATES ARE TO BE ELECTED (IF ANY);
(5) AND THE SUBJECTS OF THE PROPOSITIONS AND QUESTIONS WHICH ARE TO
BE SUBMITTED TO THE VOTERS AT THE ELECTION (IF ANY).
(B) FAILURE TO PUBLISH SUCH A NOTICE OF AN ELECTION SHALL NOT AFFECT THE
VALIDITY OF THE ELECTION OR OF THE VOTE FOR ANY CANDIDATE OR ON ANY
PROPOSAL; BUT, IF CAUSED BY THE CITY CLERK, SHALL CONSTITUTE FAILURE TO
PERFORM HIS OR HER OFFICIAL DUTIES.
(C) IN ADDITION TO THE ABOVE NOTICE, THE CITY CLERK SHALL PUBLISH IN FULL
EVERY CHARTER AMENDMENT, EVERY ORDINANCE, AND EVERY OTHER QUESTION
WHICH IS TO BE SUBMITTED AT AN ELECTION, EXCEPT A REFERRED ORDINANCE
WHICH WAS PUBLISHED IN FULL AFTER PASSAGE, NOT MORE THAN FOUR (4) WEEKS
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AND AT LEAST TWO (2) WEEKS BEFORE THE ELECTION IN ACCORDANCE WITH THE
CITY CHARTER, SECTIONS 1-7(4) AND 10-8.
(KC 6-19)
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
ALASKA STATUTES, CHAPTERS 15.15 THROUGH 15.20 AND ANY AMENDMENTS
THERETO, SHALL APPLY TO THE CITY ELECTIONS INSOFAR AS THEY DO NOT
CONFLICT WITH SPECIFIC CITY ORDINANCES. THE PRECINCT ELECTION BOARDS
SHALL DELIVER TO THE CITY CLERK ONE (1) COPY OF THE CERTIFICATE WITH THE
RESULTS OF THE VOTE IN THE PRECINCT, THE REGISTERS SIGNED BY PERSONS
VOTING, ALL BALLOTS CAST, ALL BALLOTS IMPROPERLY MARKED, DAMAGED OR
UNLAWFULLY EXHIBITED, AND ALL OATHS, AFFIRMATIONS AND AFFIDAVITS TO THE
COUNCIL AS PROVIDED BY KMC 6.05.130. THE CHAIR OF EACH PRECINCT ELECTION
BOARD SHALL RETAIN POSSESSION OF A DUPLICATE COPY OF THE RESULTS, WHICH
COPY MAY BE DESTROYED BY EACH CHAIR TWENTY (20) DAYS AFTER THE ELECTION
UNLESS THE CITY CLERK OR THE CITY COUNCIL REQUESTS ITS DELIVERY. (ORDS.
193, 803, 881, 1788-98, 2556-2011)
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
(A) PURSUANT TO THE PROVISIONS OF SECTION 10-9 OF THE CHARTER OF THE CITY
OF KENAI, THERE IS HEREBY ESTABLISHED A CANVASSING BOARD FOR THE
CANVASSING OF ALL CITY ELECTIONS; REGULAR AND SPECIAL, AND TO ASCERTAIN
AND DECLARE THE RESULTS THEREOF, AS FOLLOWS:
(1) THE CITY CLERK IS HEREBY DESIGNATED AS THE CHAIR OF THE
CANVASSING BOARD.
(2) THE CANVASSING BOARD SHALL CONSIST OF THE CITY CLERK, CHAIR OF
EACH PRECINCT ELECTION BOARD WITHIN THE CITY, AND UP TO FIVE (5)
ADDITIONAL JUDGES SELECTED FROM AMONG THE QUALIFIED VOTERS OF THE
CITY. IN THE EVENT ANY SUCH APPOINTED MEMBER OF THE BOARD IS ABSENT
FROM THE CITY, ILL, OR OTHERWISE UNABLE TO ATTEND AT THE TIME SET FOR
CANVASSING THE BALLOT, THE CITY CLERK IS HEREBY AUTHORIZED TO APPOINT
ANOTHER ELECTION JUDGE FROM THE SAME PRECINCT TO SUBSTITUTE FOR
THE APPOINTED MEMBER.
(B) THE CANVASSING BOARD SHALL MEET IN PUBLIC SESSION ON THE TUESDAY
FOLLOWING EVERY CITY ELECTION, REGULAR OR SPECIAL, AT 8:30 A.M. AND, IF
NECESSARY, CONTINUE THROUGH THE FOLLOWING DAY AND SHALL PROMPTLY
PROCEED TO CANVASS THE RETURNS OF SAID ELECTION, MAKING DECISIONS AS TO
VALIDITY OF QUESTIONED BALLOTS, COUNTING ABSENTEE BALLOTS, AND
ASCERTAINING AND DECLARING THE RESULTS OF SAID ELECTION. THE CANVASS OF
THE BALLOT VOTE COUNTED BY THE PRECINCT ELECTION BOARDS SHALL BE
ACCOMPLISHED BY REVIEWING THE TALLIES OF THE RECORDED VOTE TO CHECK
FOR MATHEMATICAL ERROR BY COMPARING TOTALS WITH THE PRECINCT’S
CERTIFICATE OF RESULTS. ALL OBVIOUS ERRORS FOUND BY THE ELECTION
CANVASS IN THE TRANSFER OF TOTALS FROM THE PRECINCT TALLY SHEETS TO THE
PRECINCT CERTIFICATE OF RESULTS SHALL BE CORRECTED BY THE CANVASSING
BOARD. A MISTAKE THAT HAS BEEN MADE IN PRECINCT RETURNS, AND THAT IS NOT
CLEARLY AN ERROR IN THE TRANSFER OF THE RESULTS FROM THE TALLIES TO THE
CERTIFICATE OF RESULTS, EMPOWERS THE CANVASSING BOARD TO RECOMMEND A
RECOUNT OF THE RESULTS OF THE PRECINCT OR PRECINCTS FOR THAT PORTION
OF THE RETURNS IN QUESTION.
(C) IN ORDER TO BE COUNTED, ABSENTEE BALLOTS THAT ARE MAILED MUST BE
MAILED ON OR BEFORE THE DATE OF THE ELECTION, AND IF THE ENVELOPE
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CONTAINING THE BALLOT IS POSTMARKED, THE POST MARK DATE MUST BE ON OR
BEFORE THE DATE OF ELECTION, AND SAID BALLOT MUST BE RECEIVED IN THE CITY
OF KENAI’S MAIL BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
BALLOT ENVELOPES RECEIVED BY UNITED STATES POSTAL SERVICE WITHOUT A
POSTMARK SHALL BE COUNTED, PROVIDED THE BALLOT ENVELOPE MEETS ALL
OTHER REQUIREMENTS (SIGNATURES, REGISTRATION, ETC.) AND THE RECEIPT BY
THE CITY INDICATES THE BALLOT WAS MAILED ON OR BEFORE THE DATE OF THE
ELECTION AND THE BALLOT WAS RECEIVED IN THE CITY OF KENAI’S MAIL BY NOON
ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
(D) THE CITY CLERK, AS CHAIR OF THE CANVASSING BOARD, SHALL REPORT THE
RESULTS OF THE ELECTION TO THE CITY COUNCIL AS THE FIRST ORDER OF
BUSINESS FOLLOWING THE ROLL CALL AT THE NEXT REGULAR COUNCIL MEETING
FOLLOWING THE MEETING OF THE CANVASSING BOARD.
(KC 6-12; ORDS. 707, 1652-95, 2108-2005, 2488-2010, 2556-2011)
6.05.130 TIE VOTES.
IN CASE OF FAILURE TO ELECT BECAUSE OF A TIE VOTE, THE COUNCIL SHALL
IMMEDIATELY PROCEED TO RECOUNT THE VOTES. IF THERE IS STILL A FAILURE TO
ELECT BECAUSE OF A TIE AFTER COMPLETION OF THE RECOUNT, THE ELECTION
SHALL BE DETERMINED FAIRLY BY LOT FROM AMONG THE CANDIDATES TYING, IN A
MEETING OF THE COUNCIL AND UNDER ITS DIRECTION, IN ACCORDANCE WITH THE
CITY CHARTER, SECTION 10-4. (KC 6-22)
6.05.140 ABSENTEE VOTING.
ANY QUALIFIED VOTER WHO MAY SECURE AND CAST AN ABSENTEE BALLOT IN A
STATE ELECTION MAY SECURE AND CAST AN ABSENTEE BALLOT IN A CITY ELECTION.
THE CITY CLERK SHALL SUPERVISE ABSENTEE VOTING, AND SHALL ISSUE
NECESSARY INSTRUCTIONS REGARDING THE PROCEDURE FOR ABSENTEE VOTING
TO QUALIFIED APPLICANTS FOR ABSENTEE BALLOTS. THE CITY CLERK SHALL
PROVIDE THE ABSENTEE BALLOTS, THE SECRECY ENVELOPES FOR THE BALLOTS,
AND THE POSTAGE-PAID RETURN ENVELOPES THEREFOR, AND ANY OTHER FORMS
AND SUPPLIES REQUIRED FOR THE USE OF ABSENTEE VOTERS. (KC 6-23; ORD. 2488-
2010)
6.05.145 ABSENTEE VOTING IN PERSON.
(A) A QUALIFIED VOTER MAY APPLY IN PERSON FOR AN ABSENTEE BALLOT AT THE
OFFICE OF THE CITY CLERK DURING REGULAR OFFICE HOURS, OR THE VOTER MAY
APPLY TO THE BOROUGH CLERK’S OFFICE OR ABSENTEE VOTING OFFICIAL IN HIS OR
HER AREA DURING REGULAR OFFICE HOURS.
(B) ON RECEIPT OF AN APPLICATION IN PERSON FOR AN ABSENTEE BALLOT AND
EXHIBITION OF PROOF OF IDENTIFICATION AS REQUIRED IN THIS TITLE, THE CLERK
SHALL ISSUE THE BALLOT TO THE APPLICANT.
(C) THE VOTER SHALL PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE
BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE LARGER
ENVELOPE IN THE PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS
ATTESTING OFFICIAL AND DATE OF HIS OR HER SIGNATURE. THE ELECTION OFFICIAL
SHALL THEN ACCEPT THE BALLOT.
(D) THE ELECTION OFFICIAL MAY NOT ACCEPT A MARKED BALLOT THAT HAS BEEN
EXHIBITED BY AN ABSENTEE VOTER WITH INTENT TO INFLUENCE OTHER VOTERS. IF
THE ABSENTEE VOTER IMPROPERLY MARKS OR OTHERWISE DAMAGES A BALLOT,
THE VOTER MAY REQUEST, AND THE ELECTION OFFICIAL SHALL PROVIDE HIM OR
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HER WITH ANOTHER BALLOT UP TO A MAXIMUM OF THREE (3). EXHIBITED,
IMPROPERLY MARKED, OR DAMAGED BALLOTS SHALL BE DESTROYED. THE
NUMBERS OF ALL BALLOTS DESTROYED SHALL BE NOTED ON THE BALLOT
STATEMENT.
(E) EACH ABSENTEE VOTING OFFICIAL SHALL KEEP A RECORD OF THE NAMES AND
THE SIGNATURES OF VOTERS WHO CAST ABSENTEE BALLOTS BEFORE HIM OR HER
AND THE DATES ON WHICH THE BALLOTS WERE CAST.
(ORD. 1799-98)
6.05.150 ABSENTEE VOTING—APPLICATION.
ANY QUALIFIED VOTER WHO IS ENTITLED TO SECURE AND CAST AN ABSENTEE
BALLOT MAY APPLY TO THE CITY CLERK IN PERSON, BY A PERSONAL
REPRESENTATIVE, BY MAIL, OR BY ELECTRONIC TRANSMISSION, FOR AN ABSENTEE
BALLOT. AN APPLICATION FOR AN ABSENTEE BALLOT RECEIVED BY THE CITY BY MAIL
OR ELECTRONIC TRANSMISSION SHALL INCLUDE THE NAME OF THE APPLICANT AND
BOTH THE LOCATION, I.E., ELECTRONIC, FACSIMILE, OR MAILING ADDRESS TO WHICH
THE ABSENTEE BALLOT IS TO BE RETURNED AND HIS OR HER FULL RESIDENTIAL
ADDRESS IN THE CITY. THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE
BALLOTS IN CITY ELECTIONS SHALL BE NOT LESS THAN SEVEN (7) DAYS PRIOR TO
THE ELECTION. THE CITY CLERK SHALL FOLLOW THE PROCEDURE PRESCRIBED BY
STATE LAW FOR ELECTION OFFICIALS IN DETERMINING WHETHER AN APPLICANT IS
ENTITLED TO SECURE AND CAST AN ABSENTEE BALLOT. (KC 6-24; ORDS. 1652-95,
2556-2011)
6.05.160 ABSENTEE VOTING—BALLOTS.
VOTERS CASTING ABSENTEE BALLOTS SHALL MARK THE BALLOT, PLACE THE BALLOT
IN THE SECRECY ENVELOPE AND THEN PLACE THE SECRECY ENVELOPE WITH THE
MARKED BALLOT INSIDE THE POSTAGE-PAID RETURN ENVELOPE, AND RETURN THE
DOCUMENTS TO THE CITY CLERK IN THE SAME MANNER AND UNDER THE SAME
REGULATIONS, AS NEARLY AS MAY BE, AS REQUIRED BY LAW IN STATE ELECTIONS.
(KC 6-25; ORD. 2488-2010)
6.05.170 ABSENTEE VOTING—BY MAIL.
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF THE
APPLICATION IS POSTMARKED NOT EARLIER THAN THE FIRST OF THE YEAR IN WHICH
THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE AN
ELECTION. A VOTER MAY REQUEST HIS OR HER NAME BE PLACED ON PERMANENT
ABSENTEE BY MAIL STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO
WHICH THE ABSENTEE BALLOT IS TO BE RETURNED, THE APPLICANT’S FULL ALASKA
RESIDENCE ADDRESS, AND THE APPLICANT’S SIGNATURE.
(B) AFTER RECEIPT OF AN APPLICATION BY MAIL, THE CITY CLERK SHALL SEND THE
ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY
FIRST CLASS MAIL. THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY
FOR DISTRIBUTION. THE POSTAGE PAID RETURN ENVELOPE SENT WITH THE
MATERIALS SHALL BE ADDRESSED TO THE CITY CLERK.
(C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER, IN THE
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE ARMED FORCES
INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE OR MAGISTRATE, UNITED
STATES POSTAL OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,
MAY PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE
SECRECY ENVELOPE, TO PLACE THE SECRECY ENVELOPE IN THE POSTAGE PAID
ENVELOPE, AND TO SIGN THE VOTER’S CERTIFICATE ON THE BACK OF THE
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POSTAGE-PAID RETURN ENVELOPE IN THE PRESENCE OF AN OFFICIAL LISTED IN
THIS SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL DATE HIS
OR HER SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS SUBSECTION ARE
REASONABLY ACCESSIBLE, AN ABSENTEE VOTER SHALL HAVE THE BALLOT
WITNESSED BY A PERSON OVER THE AGE OF EIGHTEEN (18) YEARS.
(D) AN ABSENTEE BALLOT MUST BE MARKED AND ATTESTED ON OR BEFORE THE
DATE OF THE ELECTION. IF THE VOTER RETURNS THE BALLOT BY MAIL, HE OR SHE
SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT
NOT LATER THAN THE DAY OF THE ELECTION TO THE CITY CLERK. THE BALLOT
ENVELOPE MUST BE POSTMARKED ON OR BEFORE MIDNIGHT OF ELECTION DAY AND
RECEIVED BY THE CITY CLERK NO LATER THAN NOON ON THE SEVENTH DAY AFTER
THE ELECTION. BALLOT ENVELOPES RECEIVED AFTER THAT TIME SHALL NOT BE
OPENED BUT SHALL BE MARKED “INVALID,” WITH THE DATE OF RECEIPT NOTED
THEREON, AND SHALL BE PRESERVED WITH OTHER BALLOTS OF THE ELECTION.
(E) THE CITY CLERK MAY REQUIRE A VOTER CASTING AN ABSENTEE BALLOT BY
MAIL TO PROVIDE PROOF OF IDENTIFICATION OR OTHER INFORMATION TO AID IN THE
ESTABLISHMENT OF HIS OR HER IDENTITY.
(F) THE CITY CLERK SHALL MAINTAIN A RECORD OF THE NAME OF EACH VOTER TO
WHOM AN ABSENTEE BALLOT IS SENT BY MAIL. THE RECORD MUST LIST THE DATE
ON WHICH THE BALLOT IS MAILED AND THE DATE ON WHICH THE BALLOT IS
RECEIVED BY THE CITY CLERK AND THE DATES ON WHICH THE BALLOT WAS
EXECUTED AND POSTMARKED.
(ORDS. 2488-2010, 2556-2011)
6.05.180 VOTING—AUTHORIZED.
THE ELECTION OFFICIAL MAY PROVIDE FOR VOTING AT ONE (1) OR MORE VOTING
PLACES FOR ONE (1) OR MORE QUESTIONS OR OFFICES ON A BALLOT. (ORDS. 881,
1788-98)
6.05.190 VOTING—BOARDS.
THE ELECTION OFFICIAL SHALL APPOINT A RECEIVING BOARD AND A DATA
PROCESSING CONTROL BOARD, EACH CONSISTING OF THREE (3) MEMBERS. THE
ELECTION OFFICIAL SHALL APPOINT A CHAIR OF EACH BOARD AND ADMINISTER THE
OATH PRESCRIBED FOR ELECTION JUDGES TO BOTH CHAIR WHO SHALL ADMINISTER
THE OATH TO THE REMAINING MEMBERS OF THEIR RESPECTIVE BOARDS. A
VACANCY ON A BOARD SHALL BE FILLED BY THE ELECTION OFFICIAL. (ORDS. 881,
1788-98)
6.05.200 VOTING DEVICES AND MACHINES.
(A) VOTING DEVICES AND MACHINES WILL BE USED FOR ALL REGULAR AND SPECIAL
ELECTIONS UNLESS DETERMINED NOT TO BE PRACTICAL BY THE CLERK. THE LAWS
OF THE STATE CONCERNING VOTING DEVICES AND MACHINES ARE INCORPORATED
IN THIS CHAPTER AS IF FULLY SET OUT IN THIS CHAPTER EXCEPT FOR PROVISIONS
IN CONFLICT WITH THIS CHAPTER.
(B) THE ELECTION OFFICIAL SHALL DESIGNATE THE COMPUTERS TO BE USED IN
COUNTING THE BALLOTS AND MAY NEGOTIATE AND CONTRACT WITH THE KENAI
PENINSULA BOROUGH OR A PRIVATE COMPUTER SERVICE FOR THE NEEDED
COMPUTER SERVICES.
(ORDS. 881, 941, 1788-98)
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6.05.210 VOTING—TESTS AND SECURITY.
NO LATER THAN ONE (1) WEEK BEFORE THE ELECTION, THE COMPUTER VOTE
COUNTING PROGRAM MUST BE TESTED IN THE PRESENCE OF, AND TO THE
SATISFACTION OF, THE DATA PROCESSING CONTROL BOARD. (ORDS. 881, 1788-98)
6.05.220 RECOUNT OF VOTES—APPLICATION.
(A) ANY DEFEATED CANDIDATE OR ANY TEN (10) QUALIFIED VOTERS, WHO BELIEVE
THAT A MISTAKE HAS BEEN MADE BY AN ELECTION OFFICIAL OR BY THE COUNCIL IN
COUNTING THE VOTES IN ANY ELECTION, MAY MAKE AN APPLICATION IN WRITING TO
THE COUNCIL FOR A RECOUNT OF THE VOTES FROM THE PRECINCT FOR ANY
PARTICULAR OFFICE OR ON ANY PARTICULAR QUESTION. THE APPLICATION MUST BE
FILED WITH THE MAYOR, THE CITY CLERK, OR IN THE OFFICE OF THE CITY CLERK
WITHIN TWENTY-FOUR (24) HOURS, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY AFTER THE COUNCIL DECLARES THE RESULTS OF THE VOTE BEING
QUESTIONED. IN CASE OF A TIE VOTE BETWEEN TWO (2) OR MORE CANDIDATES, THE
COUNCIL SHALL RECOUNT THE VOTES WITHOUT AN APPLICATION THEREFOR.
(B) THE PERSON OR PERSONS APPLYING FOR A RECOUNT SHALL DEPOSIT ONE
HUNDRED DOLLARS ($100.00) IN CASH, BY CERTIFIED CHECK, OR BY BOND WITH
SURETY APPROVED BY THE COUNCIL, EXCEPT IN THE CASE OF A TIE VOTE FOR
CANDIDATES (WHEN NO DEPOSIT SHALL BE REQUIRED). IF ON THE RECOUNT A
CANDIDATE OTHER THAN THE CANDIDATE WHO WAS FIRST DECLARED ELECTED IS
DECLARED ELECTED, OR IF THE RESULT OF THE VOTE ON A QUESTION IS REVERSED,
OR IF THE VOTE ON RECOUNT IS DETERMINED TO BE FOUR PERCENT (4%) OR MORE
IN EXCESS OF THE VOTE REPORTED AFTER THE FIRST CANVASS FOR THE
CANDIDATE APPLYING FOR THE RECOUNT OR IN FAVOR OF THE OPPOSED TO THE
QUESTION STATED IN THE APPLICATION, THE DEPOSIT SHALL BE REFUNDED;
OTHERWISE, IT SHALL BE PLACED IN THE GENERAL FUND OF THE CITY.
(C) THE COUNCIL SHALL BEGIN THE RECOUNT WITHIN FORTY-EIGHT (48) HOURS
AFTER RECEIVING THE APPLICATION, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY, SHALL PROCEED WITH IT AS FAST AS PRACTICABLE, AND, SHALL DECLARE
THE RESULTS THEREOF. THE CITY CLERK SHALL PROMPTLY ISSUE ANOTHER
ELECTION CERTIFICATE IF A CHANGE IN THE RESULTS REQUIRE IT.
(KC 6-27; ORD. 2108-2005)
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
ANY CANDIDATE OR A MAJORITY OF THE PERSONS WHO REQUESTED A RECOUNT
WHO HAVE REASON TO BELIEVE THAT AN ERROR HAS BEEN MADE IN THE RECOUNT
INVOLVING ANY CANDIDATE OR QUESTION, MAY APPEAL TO THE SUPERIOR COURT
IN ACCORDANCE WITH APPLICABLE COURT RULES GOVERNING APPEALS IN CIVIL
MATTERS. THE FILING OF THE APPEAL AND THE PROCEEDINGS SHALL BE, AS NEARLY
AS MAY BE, AS IN CASE OF SUCH AN APPEAL MADE AFTER A RECOUNT IN A STATE
ELECTION. (KC 6-28)
6.05.240 ELECTION CONTESTS.
ANY DEFEATED CANDIDATE OR TEN (10) QUALIFIED VOTERS, BY ACTION BROUGHT IN
THE SUPERIOR COURT, MAY CONTEST THE ELECTION OF ANY PERSON OR THE
APPROVAL OR REJECTION OF ANY QUESTION UPON THE SAME GROUNDS AND IN THE
SAME MANNER, AS NEARLY AS MAY BE, AS IN ELECTION CONTESTS ARISING OUT OF
STATE ELECTIONS. THE CITY CLERK SHALL PROMPTLY ISSUE ANY NEW ELECTION
CERTIFICATE REQUIRED TO REFLECT THE JUDGMENT OF THE COURT. (KC 6-29)
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6.05.250 RULES AND REGULATIONS.
RULES AND REGULATIONS MADE BY THE DIRECTOR OF ELECTIONS PURSUANT TO
LAW REGULATING STATE ELECTIONS SHALL ALSO APPLY TO CITY ELECTIONS
INSOFAR AS THEY ARE APPLICABLE. THE CITY CLERK SHALL HAVE THE POWERS AND
DUTIES PRESCRIBED FOR THE DIRECTOR OF ELECTIONS IN SAID RULES AND
REGULATIONS, WITH REGARD TO CITY ELECTIONS, INSOFAR AS IT WOULD BE
APPROPRIATE IN CITY ELECTIONS. (KC 6-31; ORD. 803)
6.05.260 CITY ELECTION TIME.
NOTHING IN THIS CHAPTER SHALL PROHIBIT HOLDING A CITY ELECTION ON THE
SAME DAY AND BY THE SAME ELECTION PERSONNEL AS A STATE, BOROUGH, OR
OTHER PUBLIC ELECTION, OR SUBMITTING A CITY QUESTION AT SUCH AN ELECTION,
AS AUTHORIZED BY THE CITY CHARTER, SECTION 10-8. (KC 6-32)
6.05.270 OFFENSES AND PENALTIES.
(A) IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO DO ANY OF THE
FOLLOWING ACTS, AND ANY PERSON, FIRM, OR CORPORATION WHO DOES ANY OF
THE FOLLOWING ACTS SHALL BE GUILTY OF A VIOLATION:
(1) DIRECTLY OR INDIRECTLY USES OR THREATENS TO USE FORCE, COERCION,
VIOLENCE, RESTRAINT, INFLICTS, OR THREATENS TO INFLICT DAMAGE, HARM, OR
LOSS UPON OR AGAINST ANY PERSON TO INDUCE OR COMPEL THE PERSON TO
VOTE OR REFRAIN FROM VOTING FOR ANY CANDIDATE IN ANY ELECTION OR FOR
ANY ELECTION PROPOSITION OR QUESTION.
(2) GIVES OR PROMISES TO GIVE, OR OFFERS ANY MONEY OR VALUABLE THING
TO ANY PERSON, WITH THE INTENT TO INDUCE HIM OR HER TO VOTE FOR OR
RESTRAIN HIM OR HER FROM VOTING FOR ANY CANDIDATE AT ANY ELECTION OR
ANY ELECTION PROPOSITION OR QUESTION.
(3) KNOWINGLY PRINTS OR CIRCULATES, OR CAUSES TO BE WRITTEN, PRINTED,
OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, POSTER, OR OTHER
PUBLICATION RELATING TO ANY ELECTION OR TO ANY CANDIDATE AT ANY
ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION WITHOUT THE
SAME BEARING ON ITS FACE THE NAME AND ADDRESS OF THE AUTHOR,
PRINTER, AND PUBLISHER THEREOF.
(4) WRITES, PRINTS, OR CIRCULATES, OR WHO SHALL CAUSE TO BE WRITTEN,
PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, OR POSTER,
OR WHO CAUSES ANY PAID ADVERTISEMENT TO BE PLACED IN A NEWSPAPER OR
ANY OTHER PUBLICATION, OR WHO PAYS OR CONTRIBUTES TO THE PAYMENT
FOR ANY SUCH ADVERTISEMENT, OR WHO MAKES ANY RADIO BROADCAST,
WILLFULLY KNOWING THE LETTER, CIRCULAR, BILL, PLACARD, POSTER,
PUBLICATION, PAID ADVERTISEMENT, OR RADIO BROADCAST TO CONTAIN ANY
FALSE STATEMENT, CHARGE, OR COMMENT RELATING TO ANY CANDIDATE TO
ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION.
(5) HAS IN HIS OR HER POSSESSION OUTSIDE OF THE VOTING ROOM ANY
OFFICIAL BALLOT, PROVIDED THAT THIS SHALL NOT APPLY TO ELECTION
OFFICIALS OR OTHER PROPERLY AUTHORIZED PERSONS HAVING SUCH
POSSESSION IN LINE OF DUTY.
(6) MAKES OR KNOWINGLY HAS IN HIS OR HER POSSESSION ANY COUNTERFEIT
OF AN OFFICIAL BALLOT.
(7) REFUSES TO ALLOW AN EMPLOYEE REASONABLE TIME OFF FOR THE
PURPOSE OF VOTING WHEN THE EMPLOYEE DOES NOT HAVE A REASONABLE
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AMOUNT OF TIME TO VOTE BEFORE OR AFTER WORK, OR WHO, AFTER ALLOWING
THE TIME OFF, DEDUCTS THE TIME FROM THE COMPENSATION OF THE
EMPLOYEE.
(8) BEING AN ELECTION OFFICIAL WHILE THE POLLS ARE OPEN, OPENS ANY
BALLOT RECEIVED FROM A VOTER AT AN ELECTION, OR MARKS A BALLOT BY
FOLDING OR OTHERWISE SO AS TO BE ABLE TO RECOGNIZE IT, OR OTHERWISE
ATTEMPTS TO LEARN HOW ANY VOTER MARKED HIS OR HER BALLOT, OR
ALLOWS THE SAME TO BE DONE BY ANY OTHER PERSON.
(9) WRITES, PRODUCES, OR ASSISTS IN WRITING OR PRODUCING ANY
PUBLISHED LETTER, CIRCULAR, POSTER, BILL, PUBLICATION, OR PLACARD,
KNOWING THAT IT CONTAINS ANY FALSE STATEMENT OR FALSE CHARGE
REFLECTING ON THE CHARACTER, MORALITY, OR INTEGRITY OF ANY CANDIDATE
AT ANY ELECTION.
(10) VOTES OR ATTEMPTS TO VOTE IN THE NAME OF ANOTHER PERSON OR IN
ANY NAME OTHER THAN HIS OR HER OWN.
(11) BY FORCE, THREAT, INTIMIDATION, OR OFFER OF REWARD, INDUCES OR
ATTEMPTS TO INDUCE ANY ELECTION OFFICIAL TO FAIL IN HIS OR HER DUTY.
(12) WILLFULLY CHANGES OR CAUSES TO BE CHANGED ANY OFFICIAL ELECTION
DOCU-MENTS, INCLUDING BALLOTS, TALLIES, AND RETURNS, OR ATTEMPTS TO
DO THE SAME.
(13) WILLFULLY DELAYS OR CAUSES TO BE DELAYED THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(14) WILLFULLY VOTES OR ATTEMPTS TO VOTE MORE THAN ONCE AT THE SAME
ELECTION.
(15) SIGNS ANY NAME OTHER THAN HIS OR HER OWN TO A PETITION
PROPOSING AN INITIATIVE, REFERENDUM, OR RECALL, OR KNOWINGLY SIGNS
HIS OR HER NAME MORE THAN ONCE FOR THE SAME PROPOSITION OR
QUESTION AT ONE (1) ELECTION, OR SIGNS THE PETITION KNOWING THAT HE OR
SHE IS NOT A QUALIFIED VOTER.
(16) HAVING BEEN CONTRACTED OR EMPLOYED BY THE CITY TO PRINT OR
REPRODUCE IN ANY MANNER ANY OFFICIAL BALLOT, WILLFULLY APPROPRIATES
TO HIM OR HERSELF, OR GIVES OR DELIVERS TO, OR KNOWINGLY PERMITS TO
BE TAKEN BY ANYONE OTHER THAN A PERSON AUTHORIZED BY THE CITY CLERK,
ANY OFFICIAL BALLOTS, OR KNOWINGLY PRINTS, REPRODUCES, OR CAUSES TO
BE PRINTED OR REPRODUCED ANY OFFICIAL BALLOTS IN ANY OTHER FORM OR
WITH ANY OTHER CONTENT THAN THAT PRESCRIBED BY THE CHARTER,
ORDINANCE, OR AS DIRECTED BY THE CITY CLERK.
(17) WILLFULLY MAKES A FALSE AFFIDAVIT OR SWEARS FALSELY UNDER ANY
OATH REQUIRED IN CONNECTION WITH ANY ELECTION OR REGISTRATION FOR
VOTING OR FALSELY AFFIRMS IN LIEU OF SO SWEARING.
(18) WILLFULLY FAILS TO PERFORM ANY ELECTION DUTY OR KNOWINGLY DOES
ANY UNAUTHORIZED ACT WITH THE INTENT TO AFFECT THE ELECTION OR ITS
RESULTS.
(19) WILLFULLY PERMITS, MAKES, OR ATTEMPTS TO MAKE ANY FALSE COUNT
OR REPORT OF THE ELECTION RETURNS.
(20) BEING AN ELECTION OFFICIAL, WILLFULLY CONCEALS, WITHHOLDS,
WRONGFULLY CHANGES, MUTILATES, OR DESTROYS THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(B) ANY PERSON, FIRM, OR CORPORATION WHO IS GUILTY OF A VIOLATION AS
DEFINED HEREINABOVE SHALL BE PUNISHED UPON CONVICTION THEREOF AS
PROVIDED FOR MISDEMEANORS IN KMC 13.05.010.
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(KC 6-30; ORDS. 1240, 1858-2000)
6.05.280 RECORD RETENTION.
(A) THE CERTIFICATE OF RETURNS OF THE CANVASSING BOARD SHALL BE
MAINTAINED PERMANENTLY, AND DESCRIPTIONS OF ELECTION BOUNDARIES,
PRECINCTS, AND POLLING PLACES SHALL BE MAINTAINED UNTIL THEY ARE REVISED.
(B) OTHER ELECTION RECORDS SHALL BE MAINTAINED FOR THE PERIOD SET FORTH
BELOW:
FINANCIAL
DISCLOSURE FORM
SIX YEARS
CANDIDATE AFFIDAVIT
OF EXPENSE AND
CONTRIBUTIONS
FIVE YEARS
ELECTION REGISTERS FOUR YEARS
NOMINATING
PETITIONS
THREE YEARS
DECLARATION OF
CANDIDACY
THREE YEARS
REJECTED BALLOTS ONE YEAR,
UNLESS
ELECTION
CONTESTED
CERTIFICATES OF
ELECTION RETURN
REPORTS
PERMANENTLY
(C) THE CITY CLERK SHALL INFORM THE CITY COUNCIL PRIOR TO DESTRUCTION OF
ANY RECORDS, SPECIFYING THE TYPE OF RECORD AND THE DATE OF THE ELECTION
TO WHICH IT RELATES.
(ORDS. 2488-2010, 2556-2011)
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
(A) THE CITY CLERK MAY CONDUCT A SPECIAL ELECTION BY MAIL.
(B) WHEN THE CLERK CONDUCTS A SPECIAL ELECTION BY MAIL, THE CLERK SHALL
SEND A BALLOT TO EACH PERSON WHOSE NAME APPEARS ON THE OFFICIAL VOTER
REGISTRATION LIST PREPARED UNDER AS 15.07.125 FOR THAT ELECTION. THE
CLERK SHALL SEND THE BALLOT TO THE ADDRESS STATED ON THE OFFICIAL
REGISTRATION LIST UNLESS THE VOTER HAS NOTIFIED THE CLERK IN WRITING OF A
DIFFERENT ADDRESS TO WHICH THE BALLOT SHOULD BE SENT. THE CLERK SHALL
SEND BALLOTS BY FIRST CLASS, NONFORWARD-ABLE MAIL ON OR BEFORE THE
TWENTY-SECOND (22ND) DAY BEFORE THE ELECTION.
(C) THE CLERK SHALL REVIEW BALLOTS VOTED UNDER THIS SECTION UNDER
PROCEDURES ESTABLISHED FOR THE REVIEW OF ABSENTEE BALLOTS.
(D) THERE SHALL BE A SMALL BLANK ENVELOPE AND A POSTAGE-PAID RETURN
ENVELOPE SUPPLIED TO EACH BY-MAIL VOTER. THE POSTAGE-PAID RETURN
ENVELOPE SHALL HAVE PRINTED ON IT AN AFFIDAVIT BY WHICH THE VOTER SHALL
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DECLARE THE VOTER’S QUALIFICATION TO VOTE, FOLLOWED BY PROVISION FOR
ATTESTATION BY ONE (1) ATTESTING WITNESS, WHO IS AT LEAST EIGHTEEN (18)
YEARS OF AGE. SPECIFIC INSTRUCTIONS FOR VOTING A BY-MAIL BALLOT AND A LIST
OF THE APPOINTED ABSENTEE VOTING OFFICIALS, THEIR HOURS AND LOCATIONS,
SHALL BE MAILED TO EACH VOTER WITH THE BALLOT.
(ORDS. 1800-98, 2488-2010)
6.05.310 CASTING BALLOTS.
(A) UPON RECEIPT OF A MAIL-IN BALLOT, THE VOTER SHALL CAST HIS OR HER
BALLOT IN THE MANNER SPECIFIED IN KMC 6.05.140 THROUGH 6.05.160. IF THE
BALLOT IS CAST IN THE CLERK’S OFFICE, THE CLERK SHALL RETAIN IT FOR DELIVERY
TO THE CANVASSING BOARD. IF THE BALLOT IS CAST IN ANOTHER LOCATION, THE
VOTER SHALL RETURN IT BY MAIL TO THE CLERK IMMEDIATELY FOR DELIVERY TO
THE CANVASSING BOARD.
(B) A VOTER WHO DOES NOT RECEIVE A MAIL-IN BALLOT MAY CAST HIS OR HER
BALLOT IN PERSON AS SPECIFIED IN KMC 6.05.145.
(C) A VOTER MAY RETURN THE MAIL-IN BALLOT TO THE CITY CLERK AS PROVIDED IN
KMC 6.05.160.
(ORD. 1800-98)
6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
(A) THE NOTICE OF ELECTION CALLING FOR THE ELECTION MUST STATE THAT THE
ELECTION IS TO BE CONDUCTED BY MAIL AND THAT THERE WILL BE NO POLLING
PLACE OPEN FOR REGULAR IN-PERSON VOTING ON ELECTION DAY. IN A BY-MAIL
ELECTION, ELECTION DAY IS THE DEADLINE BY WHICH A VOTER’S BALLOT MUST BE
RECEIVED BY THE CLERK.
(B) FOR EACH ELECTION CONDUCTED BY MAIL, THE PUBLIC NOTICE WILL BE GIVEN
AS SET FORTH IN KMC 6.05.100.
(ORD. 1800-98)
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
(A) THE CITY CLERK, OR DESIGNEE, SHALL ACT AS ABSENTEE VOTING OFFICIAL.
(B) THE DUTIES OF THE ABSENTEE VOTING OFFICIAL SHALL BE AS FOLLOWS:
(1) PROVIDE ABSENTEE VOTING IN PERSON ON ANY DATE, INCLUDING THE DAY
OF THE ELECTION, AND ABSENTEE VOTING THROUGH A PERSONAL
REPRESENTATIVE ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND
HAVE UNTIL THE DAY OF THE ELECTION TO RETURN THE BALLOTS;
(2) SIGN A VOTER’S BY-MAIL OATH AND AFFIDAVIT ENVELOPE AS AN
AUTHORIZED ATTESTING OFFICIAL, EXCEPT THAT THE ABSENTEE VOTING
OFFICIAL MAY NOT ATTEST HIS OR HER OWN BALLOT;
(3) ACCEPT RECEIPT OF A BY-MAIL VOTER’S HAND-DELIVERED VOTED BALLOT,
WHICH HAS BEEN SWORN TO, ATTESTED AND SEALED IN THE BY-MAIL RETURN
ENVELOPE;
(4) PROVIDE GENERAL VOTER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE TO A QUALIFIED VOTER WHO CANNOT READ, MARK THE BALLOT, OR
SIGN HIS OR HER NAME, AND PROVIDING REPLACEMENT BALLOTS TO VOTERS
WHO HAVE IMPROPERLY MARKED OR DAMAGED THEIR BALLOTS;
(5) DATE-STAMP ALL BALLOTS RECEIVED;
(6) PROVIDE FOR THE SECURITY AND SAFEKEEPING OF ALL BALLOTS RECEIVED
AND PRESENT THOSE BALLOTS TO THE CLERK FOR CANVASSING.
(ORD. 1800-98)
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6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
(A) A QUALIFIED VOTER MAY APPLY TO THE CITY CLERK FOR AN ABSENTEE BALLOT
TO BE SENT TO THE VOTER BY ELECTRONIC TRANSMISSION. SUCH APPLICATION
MUST BE MADE BY THE VOTER NOT LESS THAN THE DAY IMMEDIATELY PRECEDING
THE ELECTION. ABSENTEE BALLOTS WILL BE TRANSMITTED ELECTRONICALLY TO
THE LOCATION (FACSIMILE NUMBER, E-MAIL ADDRESS, OR SIMILAR DESIGNATION)
DESIGNATED IN THE APPLICATION. IF NO LOCATION IS DESIGNATED, AND IF THE
APPLICATION IS RECEIVED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE
ELECTION, THE BALLOT WILL BE MAILED IN THE MANNER PROVIDED IN KMC 6.05.140
FOR DELIVERING ABSENTEE BALLOTS BY MAIL. THE CLERK WILL PROVIDE
REASONABLE CONDITIONS FOR TRANSMITTING ABSENTEE BALLOTS
ELECTRONICALLY.
(B) THE VOTER MAY RETURN THE BALLOT BY MAIL OR BY ELECTRONIC
TRANSMISSION. AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL CONTAIN A
COPY OF THE BALLOT TO BE USED AT THE ELECTION IN A FORM SUITABLE FOR
TRANSMISSION. A PHOTOCOPY OF THE COMPUTERIZED BALLOT CARD TO BE USED
BY PERSONS VOTING IN PERSON AT THE POLLING PLACES IS ACCEPTABLE.
(C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY
ELECTRONIC TRANSMISSION MUST:
(1) CONTAIN THE FOLLOWING STATEMENT: “I UNDERSTAND THAT BY USING
ELECTRONIC TRANSMISSION TO RETURN MY MARKED BALLOT, I AM
VOLUNTARILY WAIVING A PORTION OF MY RIGHT TO A SECRET BALLOT TO THE
EXTENT NECESSARY TO PROCESS MY BALLOT, BUT EXPECT THAT MY VOTE WILL
BE HELD AS CONFIDENTIAL AS POSSIBLE.” FOLLOWED BY THE VOTER’S
SIGNATURE AND DATE OF SIGNATURE; AND
(2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER OATH AS TO THE
VOTER’S IDENTITY; THE STATEMENT UNDER OATH MUST BE WITNESSED BY ONE
(1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER.
(D) THE VOTER MAY RETURN THE BALLOT BY MAIL. THE BALLOT MUST BE MARKED,
ATTESTED, AND RETURNED IN ACCORDANCE WITH KMC 6.05.170(D) IF THE VOTER
RETURNS THE BALLOT BY MAIL.
(E) IF THE VOTER RETURNS THE BALLOT BY ELECTRONIC TRANSMISSION, THE
VOTER MUST COMPLY WITH THE SAME DEADLINES AS FOR VOTING IN PERSON ON
OR BEFORE THE CLOSING HOUR OF THE POLLS.
(F) WHEN A COMPLETED ABSENTEE BALLOT IS RECEIVED BY THE CITY THROUGH
ELECTRONIC TRANSMISSION, THE CLERK WILL NOTE THE DATE OF RECEIPT ON THE
ABSENTEE BALLOT APPLICATION LOG AND, IF THE BALLOT IS RECEIVED ON
ELECTION DAY, THE TIME OF RECEIPT. THE CLERK WILL THEN:
(1) REMOVE THE BALLOT PORTION OF THE TRANSMISSION FROM THE PORTION
THAT IDENTIFIES THE VOTER;
(2) PLACE THE BALLOT PORTION IN A SECRECY SLEEVE;
(3) SEAL THE SECRECY SLEEVE IN AN OUTER ENVELOPE OF THE TYPE USED
FOR ABSENTEE BALLOTS RETURNED BY MAIL, AND SEAL THAT ENVELOPE;
(4) ATTACH THE VOTER IDENTIFICATION PORTION TO THE OUTER ENVELOPE;
AND
(5) FORWARD THE OUTER SEALED ENVELOPE TO THE CANVASSING BOARD FOR
REVIEW.
(G) AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL BE COUNTED IN THE SAME
MANNER AS OTHER ABSENTEE BALLOTS, EVEN THOUGH THIS PROCEDURE MAY
REVEAL TO ONE (1) OR MORE ELECTION OFFICIALS THE MANNER IN WHICH A
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PARTICULAR ABSENTEE VOTER CAST HIS OR HER BALLOT. HOWEVER, IT SHALL BE
UNLAWFUL TO DISPLAY AN ELECTRONIC BALLOT IN A MANNER REVEALING THE WAY
IN WHICH A PARTICULAR VOTER CAST HIS OR HER BALLOT TO ANY PERSON OTHER
THAN THE CITY CLERK, A MEMBER OF THE CLERK’S STAFF, AN INFORMATION
TECHNOLOGIES TECHNICIAN RETAINED BY THE CITY, AN ELECTION OFFICIAL IN THE
COURSE OF HIS OR HER DUTIES, OR AN ATTORNEY ADVISING THE CLERK ON LEGAL
QUESTIONS CONCERNING THE BALLOT.
(ORDS. 2108-2005, 2556-2011)
6.05.340 STORING BALLOTS.
THE CLERK SHALL PROVIDE FOR THE SECURE STORAGE OF THE MAIL-IN BALLOTS
RECEIVED FROM THE VOTERS AND BY-MAIL OFFICIALS UNTIL THE DATE SET BY THE
CLERK FOR THE COUNTING OF THE BALLOTS. (ORD. 1800-98)
CHAPTER 6.10
FILING FOR OFFICE
SECTIONS:
6.10.010 NOMINATING PETITIONS.
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
6.10.030 WITHDRAWAL OF CANDIDACY.
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
6.10.010 NOMINATING PETITIONS.
(A) ANY QUALIFIED PERSON MAY HAVE HIS OR HER NAME PLACED ON THE BALLOT
FOR THE ELECTION AS A CANDIDATE FOR MAYOR OR COUNCIL BY FILING WITH THE
CITY CLERK, BETWEEN AUGUST 1ST, AND AUGUST 15TH, A SWORN STATEMENT OF
HIS OR HER CANDIDACY. IF AUGUST 15TH IS NOT A REGULAR CITY WORKDAY, THE
FILING PERIOD SHALL BE EXTENDED TO THE CLOSE OF BUSINESS OF THE NEXT
REGULAR CITY WORKDAY. SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A
NOMINATING PETITION SIGNED BY TWENTY (20) OR MORE REGISTERED, QUALIFIED
CITY VOTERS AS REQUIRED BY THE CITY CHARTER, SECTION 10-3.
(B) NO VOTER SHALL SIGN MORE THAN ONE (1) PETITION EXCEPT THAT A VOTER
MAY SIGN AS MANY NOMINATING PETITIONS FOR COUNCILMEMBERS AS THERE ARE
VACANCIES TO BE FILLED; AND IF A VOTER SIGNS MORE PETITIONS THAN HEREBY
AUTHORIZED, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT AS TO THE
AUTHORIZED NUMBER OF PETITIONS FIRST FILED.
(C) NOMINATION PETITIONS SHALL BE SUBSTANTIALLY IN THE FOLLOWING FORM:
NOMINATING PETITION
WE, THE UNDERSIGNED TWENTY (20)
ELECTORS OF THE CITY OF KENAI, HEREBY
NOMINATE AND SPONSOR
______________________, WHOSE ADDRESS
IS ______________________, FOR THE
OFFICE OF ______________________, TO BE
VOTED FOR AT THE ELECTION TO BE HELD
ON_____________; AND WE INDIVIDUALLY
CERTIFY THAT OUR NAMES PRESENTLY
APPEAR ON THE ROLLS OF REGISTERED
VOTERS OF THE CITY OF KENAI, AND THAT
WE ARE QUALIFIED TO VOTE FOR A
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CANDIDATE FOR AN ELECTIVE MUNICIPAL
OFFICE, AND THAT WE HAVE NOT SIGNED
ANY OTHER NOMINATING PETITION FOR THE
PARTICULAR OFFICE THIS CANDIDATE
SEEKS. CHECK TERM OF OFFICE
CANDIDATE IS SEEKING:______ ONE
YEAR;__________ TWO YEARS; THREE
YEARS.
_____________________________________
(HERE PLACE LINES FOR SIGNATURES,
ADDRESSES, AND DATES OF SIGNING.)
ACCEPTANCE OF NOMINATION
I HEREBY ACCEPT THE NOMINATION
FOR_______ AND AGREE TO SERVE_______
YEARS IF ELECTED.
DATE
FILED:___________
BY:___________
RECEIVED:____________ ______________
CITY CLERK SIGNATURE OF
CANDIDATE
(KC 6-33; ORDS. 247, 803, 995; AMENDED DURING 11-17-01 SUPPLEMENT; ORDS. 2067-
2004, 2562-2011)
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
WITHIN THREE (3) DAYS AFTER THE FILING OF THE STATEMENT OF CANDIDACY AND
NOMINATING PETITION, THE CITY CLERK SHALL DETERMINE WHETHER THE
NOMINATING PETITION IS SIGNED BY THE REQUIRED NUMBER OF REGISTERED
VOTERS, AND SO NOTIFY THE CANDIDATE. IF INSUFFICIENT, THE CITY CLERK SHALL
RETURN THE PETITION IMMEDIATELY TO THE CANDIDATE WITH A STATEMENT AS TO
WHY THE PETITION IS INSUFFICIENT. WITHIN THE REGULAR TIME FOR FILING
PETITIONS AND STATEMENTS OF CANDIDACY, A NEW PETITION AND STATEMENT OF
CANDIDACY MAY BE FILED BY THE CANDIDATE. THE ABOVE NOTICE TO THE
CANDIDATE AND THE RETURN OF AN INSUFFICIENT PETITION MAY BE IN PERSON, BY
DELIVERY BY POLICE, OR BY MAIL. (KC 6-34; ORD. 803)
6.10.030 WITHDRAWAL OF CANDIDACY.
ANY CANDIDATE FOR OFFICE MAY WITHDRAW HIS OR HER CANDIDACY AT ANY TIME
BEFORE THE EXPIRATION OF THE TIME WHEN CANDIDATES MAY FILE STATEMENTS
OF CANDIDACY, BY FILING A WRITTEN NOTICE OF WITHDRAWAL WITH THE CITY
CLERK DURING SUCH TIME. (KC 6-35)
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
THE PETITION AND STATEMENT OF CANDIDACY OF EACH CANDIDATE SHALL BE
PRESERVED BY THE CITY CLERK UNTIL THE EXPIRATION OF THE TERM OF OFFICE
FOR WHICH HE OR SHE WAS A CANDIDATE. (KC 6-36)
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CHAPTER 6.20
INITIATIVE AND REFERENDUM
SECTIONS:
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
THE INITIATIVE AND REFERENDUM SHALL BE GOVERNED BY THE CITY CHARTER,
SECTIONS 11-1 TO 11-5. THE PROVISIONS OF THIS CHAPTER OF THIS CODE SHALL
GOVERN ELECTIONS AT WHICH INITIATED AND REFERRED PROPOSALS ARE
SUBMITTED TO THE VOTERS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY ARE
APPLICABLE. (KC 6-37)
CHAPTER 6.30
RECALL
SECTIONS:
6.30.010 PROCEDURES AND GROUNDS.
6.30.010 PROCEDURES AND GROUNDS.
PROCEDURES AND GROUNDS FOR RECALL OF INCUMBENTS OF ELECTIVE OFFICES
OF THE CITY SHALL BE SUCH AS MAY BE PRESCRIBED BY LAW, AS PROVIDED BY THE
CITY CHARTER, SECTION 11-6. THE PROVISIONS OF THIS TITLE OF THIS CODE SHALL
GOVERN RECALL ELECTIONS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY
ARE APPLICABLE. (KC 6-38)]
Chapter 6.05
General Provisions
6.05.010 – Scope of Title
This title governs all city elections in which voters of the City are entitled to vote.
6.05.020 – Powers and Duties of the Clerk
The clerk is the election supervisor for and shall administer all city elections.
6.05.030 – Definitions
The following words, terms and phases, when used in this title, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
“Ballot” means any document provided by the clerk or designee on which votes may be case for
candidates or propositions. When the term “ballot” is used in this title is shall mean the official
ballot, except where the context clearly indicates it means the sample ballot or both types of
ballots.
"City election" means any election:
1. To fill a city office;
2. Upon a proposition submitted to the voters under the ordinances of the City; or
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3. That the city is required by law to administer.
"City office" means an elective office under the ordinances of the City.
"Clerk" and “City Clerk” mean the clerk of the City, any properly authorized assistant or designee.
"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special city election.
"Election official" means the clerk and members of all election boards.
"Election supervisor" means the clerk.
"Oath" includes affirmation on penalty of perjury.
"Precinct" means the geographical area for voting purposes that is defined by the Alaska State
Legislature.
"Proposition" includes question.
"Publication" means a newspaper of general circulation or posting in public places.
"Regular election" means a general election to fill city offices as required by Alaska Statutes.
"Registration" or "registered" refers to the form of registration required by the state election code.
For city elections, a person is registered if registered to vote in state elections in the precinct in
which that person seeks to vote 30 days prior to the city election.
"Signature" includes any mark intended as a signature or subscription.
"Special election" means any election held at a time other than when a regular election is held.
"Swear" includes "Affirm".
"Total votes cast" means the total number of votes cast in each seat for candidates whose names
are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of
the ballot. Ballots which are counted as blank votes in a particular race and ballots which are
counted as over votes in a particular race shall not be added into the total votes in determining
the percentage of votes cast.
“Vote center” means any location designated by the clerk for the purpose of providing voter
assistance that is not solely for casting votes for a specific precinct.
"Voter" means any person who presents himself for the purpose of registering to vote or voting,
either in person or by absentee application or ballot.
6.05.040 – Severability
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Should any provision of this title or its application to any person or set of circumstances be held
invalid, the remainder of this title and its application to any persons or circumstances shall not be
affected.
6.05.050 – Election Times.
(a) Regular Election. Annually, on the first Tuesday of October, a regular election shall be
held in the city for the election of vacant city offices and for the determination of other
matters as may be placed on the ballot as authorized by the City Charter, Section 10-1.
(b) Special Election. The council, by resolution or ordinance, may call a special election at
any time at least 75 days prior to the date of the election. Unless the council has set a
date for a required special election, the election supervisor shall call a special election
when required by law or ordinance to place and initiative, referendum, recall, or other
question before the voters.
(c) Nothing in this chapter shall prohibit holding a city election on the same day and by the
same election personnel as a State, Borough, or other public election, or submitting a city
question at such an election, as authorized by the City Charter, Section 10-8.
6.05.060 – Votes Required for Election to Office.
(a) Each city office shall be filled by the candidate receiving the greatest number of votes as
authorized by the City Charter, Section 10-4.
(b) Tie votes. In case of a failure to elect because of a tie vote, the council shall immediately
proceed to recount the votes pursuant to KMC 6.45.010. If there is still a failure to elect
because of a tie after completion of the recount, the election shall be determined fairly by
lot from among the candidates tying, in a meeting of the Council and under its direction,
in accordance with the City Charter, Section 10-4.
6.05.070 – Preservation of Election Ballots, Papers, and Materials.
The clerk shall preserve all precinct election certificates, tallies, registers, receipts for ballots, all
voted ballots, and declarations of candidacy filed for one month after the election is certified,
unless the election is contested. If the election is contested, these records shall be preserved for
one month after the election contest is resolved and the election is certified. These materials may
be destroyed after their retention period has lapsed unless their destruction is stayed by an order
from the court. Certificates of the canvass board are to be preserved as permanent records.
6.05.080 – Election Expenses.
(a) The City shall pay all necessary expenses relating to the conduct of each city election.
Necessary expenses shall include those associated with conducting the election. The
clerk shall retain a record for auditing and payment of election expenses.
(b) The City shall pay each election official and canvass board member an hourly rate for time
spent at his or her election duties, including the receiving of instructions. The election
supervisor shall set the hourly compensation to be paid for time spent by election officials.
6.05.090 – Initiative, Referendum, and Recall.
(a) The initiative and referendum shall be governed by the City Charter, Sections 11-1 to 11-
5. The provisions of this chapter of this Code shall govern elections at which initiated and
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referred proposals are submitted to the voters, as well as other elections, insofar as they
are applicable.
(b) As set forth by the City Charter, Section 11-6, all incumbents of elective offices of the City,
including persons chosen to fill vacancies in such offices, shall be subject to recall from
office by the qualified voters of the City. Procedures and grounds for recall shall be such
as may be prescribed by law. The Council, by ordinance, may further regulate the recall
insofar as such regulation is not in conflict with the State Constitution or law.
6.05.100 – Offenses and Penalties
(a) It is unlawful for any person, firm, or corporation to do any of the following acts, and any
person, firm, or corporation who does any of the following acts shall be guilty of a violation:
(1) Directly or indirectly uses or threatens to use force, coercion, violence, restraint, inflicts,
or threatens to inflict damage, harm, or loss upon or against any person to induce or compel
the person to vote or refrain from voting for any candidate in any election or for any election
proposition or question.
(2) Gives or promises to give, or offers any money or valuable thing to any person, with the
intent to induce him or her to vote for or restrain him or her from voting for any candidate at
any election or any election proposition or question.
(3) Knowingly prints or circulates, or causes to be written, printed, or circulated, any letter,
circular, bill, placard, poster, or other publication relating to any election or to any candidate
at any election or to any election proposition or question without the same bearing on its face
the name and address of the author, printer, and publisher thereof.
(4) Writes, prints, or circulates, or who shall cause to be written, printed, or circulated, any
letter, circular, bill, placard, or poster, or who causes any paid advertisement to be placed in
a newspaper or any other publication, or who pays or contributes to the payment for any such
advertisement, or who makes any radio broadcast, willfully knowing the letter, circular, bill,
placard, poster, publication, paid advertisement, or radio broadcast to contain any false
statement, charge, or comment relating to any candidate to any election or to any election
proposition or question.
(5) Has in his or her possession outside of the voting room any official ballot, provided that
this shall not apply to election officials or other properly authorized persons having such
possession in line of duty.
(6) Makes or knowingly has in his or her possession any counterfeit of an official ballot.
(7) Refuses to allow an employee reasonable time off for the purpose of voting when the
employee does not have a reasonable amount of time to vote before or after work, or who,
after allowing the time off, deducts the time from the compensation of the employee.
(8) Being an election official while the vote centers are open, opens any ballot received from
a voter at an election, or marks a ballot so as to be able to recognize it, or otherwise attempts
to learn how any voter marked their ballot, or allows the same to be done by any other person.
(9) Writes, produces, or assists in writing or producing any published letter, circular, poster,
bill, publication, or placard, knowing that it contains any false statement or false charge
reflecting on the character, morality, or integrity of any candidate at any election.
(10) Votes or attempts to vote in the name of another person or in any name other than his
or her own.
(11) By force, threat, intimidation, or offer of reward, induces or attempts to induce any
election official to fail in his or her duty.
(12) Willfully changes or causes to be changed any official election documents, including
ballots, tallies, and returns, or attempts to do the same.
(13) Willfully delays or causes to be delayed the election returns, or attempts to do so.
(14) Willfully votes or attempts to vote more than once at the same election.
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(15) Signs any name other than his or her own to a petition proposing an initiative,
referendum, or recall, or knowingly signs his or her name more than once for the same
proposition or question at one (1) election, or signs the petition knowing that he or she is not
a qualified voter.
(16) Having been contracted or employed by the City to print or reproduce in any manner
any official ballot, willfully appropriates to him or herself, or gives or delivers to, or knowingly
permits to be taken by anyone other than a person authorized by the City Clerk, any official
ballots, or knowingly prints, reproduces, or causes to be printed or reproduced any official
ballots in any other form or with any other content than that prescribed by the Charter,
ordinance, or as directed by the City Clerk.
(17) Willfully makes a false affidavit or swears falsely under any oath required in connection
with any election or registration for voting or falsely affirms in lieu of so swearing.
(18) Willfully fails to perform any election duty or knowingly does any unauthorized act with
the intent to affect the election or its results.
(19) Willfully permits, makes, or attempts to make any false count or report of the election
returns.
(20) Being an election official, willfully conceals, withholds, wrongfully changes, mutilates,
or destroys the election returns, or attempts to do so.
(b) Any person, firm, or corporation who is guilty of a violation as defined hereinabove shall be
punished upon conviction thereof as provided for misdemeanors in KMC 13.05.010.
Chapter 6.10
Voter Qualifications
6.10.010 – Voter Qualifications
A person is qualified to vote in a city election who:
(a) Have the qualifications for voters prescribed by the City Charter, Section 10-6, the State
Constitution, Article V, Sections1 and 2, and State Law; and
(b) Is registered to vote in state elections at a residence address within the City at least 30
days before the city election at which the person seeks to vote.
6.10.020 – Rules for Determining Residence of Voters.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
(a) A person may not be considered to have gained a residence solely by reason of presence
nor may a person lose it solely by reason of absence while in the civil or military service
of this state or of the United States or by absence because of marriage to a person
engaged in the civil or military service of this state or the United States, while a student at
an institution of learning, while in an institution or asylum at public expense, while confined
in public prison, while engaged in the navigation of waters of this state or the United States
or of the high seas, while residing upon an Indian or military reservation, or while residing
in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(b) The residence of a person is that place in which the person's habitation is fixed, and to
which, whenever absent, the person has the intention to return. If a person resides in one
place, but does business in another, the former is the person's place of residence.
Temporary work sites do not constitute a dwelling place.
(c) A change of residence is made only by the act of removal joined with the intent to remain
in another place. There can only be one place of residence.
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(d) A person does not lose residence if the person leaves home and goes to another country,
state, or place in this state for temporary purposes only and with the intent of returning.
(e) A person does not gain residence in any place to which the person comes without the
present intention to establish a permanent dwelling at that place.
(f) A person loses residence in this city if the person votes in another city’s or borough’s
election or another state’s election, either in person or by absentee ballot, and will not be
eligible to vote in this state again until qualifying under provisions of state law.
(g) The term of residence is computed by including the day on which the person’s residence
begins and excluding the day of election.
(h) The address of a voter as it appears on the official voter registration record is presumptive
evidence of the person’s voting residence. This presumption is negated only if the voter
notifies the Division of Elections in writing of a change of voting residence.
6.10.030 - Notice of voter registration.
Before each election, the clerk shall post on the city website and publish at least twice in a
newspaper of general circulation, a notice of voter registration. The posting and first publication
shall occur not less than 60 days before the election. The notice shall include the qualifications
required to vote and the deadline for registering to vote in the election.
Chapter 6.15
Filing for Office
6.15.010 – Candidate Qualifications
A candidate for elective city office:
(a) Shall have the qualifications required in City Charter, Section 2-1(b), as of the date of the
declaration of candidacy,
(b) Shall provide proof of qualifications for office as required by the clerk, and
(c) Shall submit a nominating petition, on a form provided by the clerk, signed by twenty (20)
or more registered qualified City voters, in accordance with City Charter, Section 10-3.
6.15.020 – Nomination and Declaration of Candidacy.
(a) A candidate for council or mayor may have his or her name placed on the ballot for election
as a candidate for Mayor or Council by filing with the clerk, between August 1st and August
15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn declaration of
his or her candidacy, on a form or forms provided by the clerk, accompanied by the public
financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular
City workday, then candidates shall have until noon on the first workday following to file
their candidacy paperwork.
(b) A nominating petition shall include:
1. The full name of the candidate the petitioners are sponsoring; and
2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate for; and
4. The length of the term of office for which the petitioners are nominating the
candidate for; and
5. Certification that the petitioners’ names appear on current voter registration rolls
for the City of Kenai, are qualified to vote for a candidate for elective municipal
office, and have not signed any other nominating petition for the particular office
the named candidate seeks.
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(c) No voter shall sign more than one (1) petition except that a voter may sign as many
nominating petitions for councilmembers as there are vacancies to be filled; and if a voter
signs more petitions than hereby authorized, his or her signature shall be void except as
to the authorized number of petitions first filed.
(d) A declaration of candidacy shall include:
1. The full name of the candidate and the manner in which he/she wishes his/her
name to appear on the ballot; and
2. The full residence and mailing address of the candidate; and
3. The office for which the candidate declares; and
4. A statement that the candidate is qualified for the office as provided by law; and
5. Certification that the information contained in the declaration of candidacy is true
and accurate; and
6. The date and signature of the candidate; and
7. Attestation and date by the clerk; and
8. Any other information the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
(e) Within three (3) days after the filing of the declaration of candidacy and nominating
petition, the clerk shall determine whether the nominating petition is signed by the required
number of registered voters, and so notify the candidate. If insufficient, the clerk shall
return the petition immediately to the candidate with a statement as to why the petition is
insufficient. Within the regular time for filing petitions and declarations of candidacy, a new
petition and declaration of candidacy may be filed by the candidate. The above notice to
the candidate and the return of an insufficient petition may be in person or by mail.
6.15.030 – Reserved.
6.15.040 – Correction, Amendments, and Withdrawal of Declaration of Candidacy.
(a) Any candidate may withdraw their nomination at any time during the period for filing a
nomination petition declaration of candidacy by appropriate written notice to the clerk.
However, after the filing period has closed, no declaration may be corrected, amended or
withdrawn.
(b) A declaration of candidacy presented shall not be changed as to term of office. If a
candidate desires to file for a different office, the candidate shall request new forms from
the clerk.
6.15.050 – Campaign Reporting.
All candidates for elective city office shall comply with the Alaska Public Offices Commission
campaign reporting requirements in Alaska Statutes 15.13. The name of the candidate shall be
placed on the ballot by the clerk only after the candidate has complied with this requirement.
6.15.060 – Notice of Vacancy.
At least ten (10) days before nominations are open for each regular or special election, the clerk
shall publish at least twice in a newspaper of general circulation, a notice of offices to be filled at
the election and the procedure for filing a nomination petition and declaration of candidacy for the
offices.
6.15.070 – Watchers.
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Any candidate for elective city office may appoint a watcher for each vote center or counting
center. State law relating to watchers in elections shall govern watchers in city elections insofar
as it is applicable.
Chapter 6.20
Administration of Elections
6.20.010 – Election Notices.
(a) Notice of Election. Before every city election, regular or special, the clerk shall cause to
be published at least twice in a newspaper of general circulation, a notice of election. The
clerk shall also post a notice of election on the official city bulletin board and in two (2)
other public places in the city limits. The posting and first publication shall occur at least
20-days before an election. Each notice of election shall include:
1. The type of election, whether regular or special;
2. The date of the election;
3. A statement that the election is to be conducted by mail and that there will be no
precinct polling places open for the election on election day;
4. The hours and locations the vote centers will be open;
5. The offices to which candidates are to be elected;
6. The subjects of propositions to be voted upon;
7. Voter qualifications and instructions for registration; and
8. Instructions for application for absentee voting.
(b) Failure to publish such a notice of an election shall not affect the validity of the election or
of the vote for any candidate or on any proposal; but, if caused by the clerk, shall constitute
failure to perform his or her official duties.
(c) In addition to the above notice, the clerk shall publish in full, every charter amendment,
every ordinance, and every other question which is to be submitted at an election, except
a referred ordinance which was published in full after passage, not more than four (4)
weeks and at least two (2) weeks before the election in accordance with the City Charter,
Sections 1-7(4) and 10-8.
(d) Notice of Bonded Indebtedness. Before a general obligation bond issue election, the clerk
shall publish notice of total existing bonded indebtedness at least once a week for three
consecutive weeks. The first notice shall be published at least 20-days before the date of
the election. The notice must include:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds, of the City;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation within the city.
6.20.020 – Election Officials.
(a) Before each election, the clerk, subject to approval by the council, shall appoint election
officials.
(b) If any appointed election official is not able or refuses to serve, the clerk may appoint a
replacement for that official.
(c) All election officials, before entering upon their duties, must subscribe to the oath required
of all public officers by the Constitution of the State of Alaska in the manner prescribed by
the clerk.
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(d) Candidates shall not serve as election officials. Certain familial relationships may not exist
between a candidate and an election official in regular or special elections. Those familial
relationships are:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
(e). If the clerk knows or learns that any of these relationships exist, the election official shall
be notified and replaced.
6.20.030 – Ballot Form.
(a) The ballot shall be designed with the position of names of the candidates set out in the
same order in each section on each ballot used in that election. However, the order of
placement of the names of the candidates for each office shall be randomly determined
by the clerk.
(b) The title of the office to be filled shall be followed by the printed names of the candidates
for such office, below which shall be blank lines equal in number to the candidates to be
elected to such office, upon which the voter may write the names of persons not listed on
the ballot. The words "Vote for no more than _______" with the appropriate number
replacing the blank, shall be placed before the list of candidates for each office. The names
of the candidates shall be printed as they appear upon the declaration filed with the clerk,
except that any honorary or assumed title or prefix shall be omitted. However, the
candidate's name appearing on the ballot may include a nickname or familiar form of a
proper name. The names of candidates shall be set out in order as provided in subsection
A. of this section.
(c) The propositions to be voted on shall follow the candidates for office or shall be on
separate ballots, as the clerk may determine. The words "yes" and "no" shall appear below
each proposition.
(d) Each ballot shall bear the words "Official Ballot," and the date of the election.
(e) A ballot shall be printed either on paper or on card stock as provided in this title.
(f) The ballots shall be consecutively numbered.
6.20.040 – Ballot Preparation and Distribution.
(a) The clerk shall have ballots printed for each election. The clerk may contract for the
preparation and printing of ballots without competitive bidding.
(b) The clerk shall possess the printed ballots at least 21 days before each regular election
and at least 15 days before each special election. At that time, the ballots may be
inspected by any candidate whose name is on the ballot, or by his or her authorized agent,
and any discovered mistake shall be corrected immediately.
(c) The clerk shall have sample ballots available to voters which are identical in form to the
official ballot, and which are printed on colored paper and marked “sample.” Sample
ballots shall be made available at vote centers.
Chapter 6.25
Elections by Mail
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6.25.010 – By-Mail Precincts.
(a) All precincts within the City shall be designated as “by-mail” precincts. The procedures
shall be as follows:
a. Ballots shall be sent to each registered voter in the precinct on or before the 21st
day prior to the regular or special election
b. Voted ballots must be postmarked on or before midnight of Election Day and
received by the clerk no later than the Tuesday following the election.
(b) Voters wishing to vote in person may do so at designated vote center(s).
6.25.020 – Procedures for Conducting Elections by Mail.
(a) The clerk shall mail by non-forwardable mail an official ballot package with a return
identification envelope addressed to the Clerk’s Office and a secrecy sleeve. The ballot,
return envelope, and secrecy envelope shall be mailed no later than the 21st day before
the date of a regular or special election. The ballot shall be sent to the address stated on
the official registration list unless:
1. The voter has notified the clerk in writing of a different address to which the ballot
should be sent; or
2. The address on the official registration list has been identified as being an
undeliverable (UN) address or is in the condition of purge notice (PN).
(b) On receipt of any ballot described in this section, the voter shall mark the ballot, sign the
return identification envelope supplied with the ballot, and comply with the instructions
provided with the ballot. The voter may return the marked ballot to the Clerk’s Office by
return mail or by depositing the ballot at any place of deposit designated by the clerk. The
ballot must be returned in the identified envelope. A ballot must be received by the clerk
or at a place of deposit designated by the clerk, not later than the end of the period
determined under regulations established by the clerk.
Chapter 6.30
Absentee and Vote Center Voting.
6.30.010 – Administration of Absentee Voting.
The clerk shall provide general administrative supervision over the conduct of absentee voting.
The clerk shall make available, instruction to absentee voters regarding the procedure for
absentee voting.
6.30.020 – Designation of Absentee Voting Officials.
The clerk may appoint any person qualified to vote in state elections to act as absentee voting
officials. The clerk shall supply adequate voting supplies and ballots to the absentee voting
officials. After taking an oath in the form required of election officials, an absentee voting official
may perform all the duties of an election official with respect to the issuance, witnessing and
receipt of absentee ballots at such places and times as the clerk may designate. Each absentee
voting official shall transmit the dated envelopes containing the marked ballots to the clerk in the
manner set forth in the written instructions provided by the clerk. Upon receipt of the absentee
ballots, the clerk shall hold the ballots in a secure location until they can be transferred to the
canvass board along with the absentee in person registers and other election materials received
from the absentee voting official.
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6.30.030 – Eligibility.
Any qualified voter may vote at a vote center for the precinct in which the voter resides and is
registered whether inside the city or not.
6.30.040 – Fee Prohibited.
No person may receive a fee from the voter for attesting to any voter’s certificate required in voting
absentee.
6.30.050 – Materials for Absentee Voting.
The clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a
small envelope in which the voter shall initially place the marked ballot, and shall provide a larger
envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with
ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter's
certificate on the back, in which the smaller envelope with ballot enclosed shall be placed. The
clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for
use when required, that the voter is a qualified voter in all respects, a blank for the voter's
signature, a certification that the affiant properly executed the marking of the ballot and identified
themselves, blanks for the attesting official or witnesses, and a place for recording the date the
envelope was sealed and witnessed.
6.30.060 – Vote Center Voting – In Person.
(a) A qualified voter may apply in person for an absentee ballot at the office of the clerk during
regular office hours, or the voter may apply to the borough clerk’s office or election official
during regular office hours.
(b) On receipt of an application in person for an absentee ballot and exhibition of proof of
identification as required in this title, the election official shall issue the ballot to the applicant.
(c) The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope,
to place the small envelope in the larger envelope in the presence of the election official who
shall sign as attesting official and date of the signature. The election official shall then accept
the ballot.
(d) The election official may not accept a marked ballot that has been exhibited by an absentee
voter with intent to influence other voters. If the voter improperly marks or otherwise damages
a ballot, the voter may request, and the election official shall provide the voter with another
ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be
destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.
(e) Each election official shall keep a record of the names and the signatures of voters who cast
absentee ballots before the election official and the dates on which the ballots were cast.
(f) Fifteen minutes before the closing of the vote center, and at the time of closing the voter
center, an election official shall announce both the designated closing time and the actual time
at which the announcement is made. Failure to make the announcement at 15 minutes before
closing time shall not in any way invalidate the election or extend the time for closing of the
voter center. After closing, no person will be allowed to enter the voter center for purposes of
voting. Every qualified voter present and in line at the time prescribed for closing the voter
center may vote.
(g) When the vote centers are closed and the last vote has been cast, the election official shall
account for all ballots by completing a ballot statement containing, in a manner prescribed by
the clerk, the number of official ballots supplied.
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6.30.070 – Absentee Voting – By Mail.
(a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the
first of the year in which the election is to be held nor less than seven days before an election.
A voter may request his name be placed on permanent absentee by mail status. The
application shall include the address to which the absentee ballot is to be returned, the
applicant's full Alaska residence address, and the applicant's signature.
(b) After receipt of an application for an absentee ballot by mail, the clerk shall send the absentee
ballot and other absentee voting material to the applicant by first class mail. The materials
shall be sent as soon as they are ready for distribution. The return envelope sent with the
materials shall be addressed to the clerk.
(c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public,
commissioned officer of the armed forces including the National Guard, district judge or
magistrate, United States postal official, or other person qualified to administer oaths, may
proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the
small envelope in the larger envelope, and to sign the voter's certificate on the back of the
larger envelope in the presence of an official listed in this subsection who shall sign as
attesting official and shall date his signature. If none of the officials listed in this subsection
are reasonably accessible, an absentee voter shall have the ballot witnessed by a person
over the age of 18 years.
(d) An absentee ballot must be marked and attested on or before the date of the election. If the
voter returns the ballot by mail, he shall use the most expeditious mail service and mail the
ballot not later than the day of the election to the clerk. It must be postmarked on or before
midnight of Election Day and received by the clerk no later than noon on the seventh day
following the election. Ballot envelopes received after that time shall not be opened but shall
be marked "invalid", with the date of receipt noted thereon, and shall be preserved with other
ballots of the election.
(e) The clerk may require a voter casting an absentee ballot by mail to provide proof of
identification or other information to aid in the establishment of his identity.
(f) The clerk shall maintain a record of the name of each voter to whom an absentee ballot is
sent by mail. The record must list the date on which the ballot is mailed and the date on which
the ballot is received by the clerk and the dates on which the ballot was executed and
postmarked.
6.30.080 – Absentee Voting – By Electronic Transmission.
(a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such
request must be made not less than the day immediately preceding the election. Absentee
ballots will be electronically transmitted to the location designated in the application. If no
location is designated, and if the request is received no later than seven (7) days prior to the
election, the ballot will be mailed in the manner provided in KMC 6.35.070 for absentee ballots
by mail. The clerk will provide reasonable conditions for electronically transmitting absentee
ballots.
(b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election
in a form suitable for transmission. A photocopy of the computerized ballot card to be used by
persons voting in person at the vote center is acceptable.
(c) An absentee ballot that is completed and returned by the voter by electronic transmission
must:
1. Contain the following statement: "I understand that by using electronic transmission to
return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to
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the extent necessary to process my ballot, but expect that my vote will be held as
confidential as possible.", followed by the voter's signature and date of signature; and
2. Be accompanied by a statement executed under oath as to the voter's identity; the
statement under oath must be witnessed by one United States citizen who is 18 years of
age or older.
(d) The voter shall mark the ballot on or before the date of the election and shall use a mail service
at least equal to first class and mail the ballot not later than the day of the election to the clerk.
The ballot may not be counted unless it is received by noon on the seventh (7th) day after the
election.
(e) A voter who returns the absentee ballot by electronic transmission must comply with the same
deadlines as for voting in person on or before the closing hour of the vote centers.
(f) When a completed absentee ballot is received by electronic transmission, the clerk will note
the date of receipt on the absentee ballot application log and, if the ballot is received on
Election Day, the time of receipt. The clerk will then:
1. Remove the ballot portion of the transmission from the portion that identifies the voter;
2. Place the ballot portion in a secrecy sleeve;
3. Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots
returned by mail, and seal that envelope;
4. Attach the voter identification portion to the outer envelope; and
5. Forward the outer sealed envelope to the canvas board for review.
(g) An electronically transmitted ballot shall be counted in the same manner as other absentee
ballots, even though this procedure may reveal to one or more election officials the manner in
which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display
a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot
to any person other than the clerk, a member of the clerk's staff, an election official in the
course of his or her duties, or an attorney advising the clerk on legal questions concerning the
ballot.
6.30.090 – Special Needs Voting.
A qualified voter with a disability who, because of that disability, is unable to go to a vote center
to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for
in accordance with the rules adopted by the state for use in state elections and in effect at the
time of the local election.
6.30.100 – Prohibitions.
(a) During the hours that the vote centers are open, no election official may discuss any political
party, candidate or issue while on duty.
(b) During the hours the vote centers are open, no person who is in the voter center or within 200
feet of any entrance to the voter center may attempt to persuade a person to vote for or against
a candidate, proposition or question. Nor may any person conduct other political activities that
may pertain to any future election or potential ballot proposition. The election official shall post
warning notices in the form and manner prescribed by the clerk.
(c) No voter may exhibit a ballot to an election official or any other person so as to enable any
person to ascertain how the voter marked the ballot, except as provided in this chapter.
(d) While the vote centers are open no election official may open any ballot received from a voter,
mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to
learn how a voter marked a ballot, or allow the same to be done by another person.
(e) No person may leave the voter center with the official ballot that the person received to mark.
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6.30.110 – Assisting Voter.
A qualified voter who cannot read, mark the ballot, or provide a signature may request assistance
from an election official or not more than two persons of the voter’s choice. If the election official
is requested, the official shall assist the voter. If any other person is requested, the person
providing assistance shall state upon oath before the election official that the voter’s ballot will be
kept confidential.
6.30.120 – Spoiled Ballots.
The election supervisor shall specify uniform procedures for replacement, registration and
disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election
judges.
6.30.130 – Placing Ballot in Ballot Box.
When the voter has marked the ballot, the voter shall inform the election official. The clerk may
require that the voter return the ballot to the election official temporarily so that any stub which
may be part of the ballot may be removed by the election official. Any such requirement shall
protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the
voter in the presence of the election off icial unless the voter requests the election official to deposit
the ballot.
Chapter 6.35
Ballot Counting Procedures.
6.35.010 – Commencement of Ballot Count.
Upon receipt of voted ballot packages the election official will verify that the voter has provided at
least one identifier, signed the envelope and that the signature has been witnessed. If the ballot
package is complete and valid, the package will be sorted by precinct and the ballot and identifying
envelope will be separated. The ballot will proceed to be scanned and counted. The unofficial
results will not be tallied until the end of the designated election period.
6.35.020 – General Procedure for Ballot Count.
The clerk may issue rules prescribing the manner in which the precinct ballot count is
accomplished so as to assure accuracy in the count and to expedite the process. The election
board shall account for all ballots by completing a ballot statement containing (1) the number of
official ballots received; (2) the number of official ballots voted; (3) the number of official ballots
spoiled; (4) the number of official ballots unused and destroyed. Discrepancies shall be noted and
the numbers included in the certificate prescribed by the clerk. When hand counting ballots, the
election official shall count the ballots in a manner that allows watchers to see the ballots when
opened and read. No person handling the ballot after it has been taken from the ballot box and
before it is placed in the envelope for mailing may have a marking device in hand or remove a
ballot from the immediate vicinity.
6.35.030 – Rules for Counting Hand-Marked Ballots.
(a) The election officials shall count hand marked ballots according to the following rules:
1. A voter may mark his or her ballot with a cross mark, “X” mark, diagonal, horizontal
or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the
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parking device provided at the vote center or with any black-inked marker. The
marks will be counted only if they are clearly spaced in the square opposite the
name of the candidate the voter desires to designate.
2. A failure to properly mark a ballot as to one or more candidates does not itself
invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a
vote shall be counted for each candidate properly marked.
4. If a voter marks more names than there are persons to be elected to the office, the
votes for candidates for that office shall not be counted.
5. The mark specified in subsection 1 of this section shall be counted only if it is
substantially inside the square provided, or touching the square so as to indicate
clearly that the voter intended the particular square marked.
6. Improper marks on the ballot shall not be counted and shall not invalidate marks
for candidates properly marked.
7. An erasure or correction invalidates only that section of the ballot in which it
appears.
(b) The rules set out in this section are mandatory and there shall be no exceptions to them.
A ballot may not be counted unless marked in compliance with these rules.
6.35.040 – Write-in Votes.
(b) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed
on the ballot unless the election board determines, on the basis of other evidence, that the
ballot was so marked for the purpose of identifying the ballot.
(c) In order to vote for a write-in candidate, the voter must write a candidate's name in the space
provided and, in addition, mark the square opposite the candidate's name in accordance with
KMC 6.35.030(a). Stickers may not be used. Use of stickers can cause that portion of the
ballot to be invalidated.
(d) Write-in votes shall only be tabulated by person if the total number of write-in votes for an
office exceeds the smallest number of votes cast for a candidate for that office whose name
is printed on the ballot.
6.35.050 – Disqualified Candidate.
Votes cast for a candidate who is disqualified shall not be counted for any purpose.
6.35.060 – Tally of Votes.
Tally of votes cast by paper ballots. The clerk shall issue instructions and shall provide forms and
supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the
process. The election board shall canvass and count the votes according to the rules for
determining marks on ballots prescribed in KMC 6.30.030. The election board shall canvass the
ballots in a manner that allows watchers to see the ballots when opened and read. No person
handling the ballot after it has been taken from the ballot box and before it is placed in the
envelope for delivery to the election supervisor may remove a ballot from the immediate vicinity
of the polls or have a marking device in hand.
6.35.070 – Completion of Ballot Count.
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When the tally of hand counted ballots is completed, and in no event later than the day after the
election, the election board shall make a certificate in duplicate of the results. The certificate
includes the number of votes cast for each candidate, for and against each proposition, yes or no
on each question, and any additional information prescribed by the election supervisor. The
election board shall, immediately upon completion of the certificate or as soon thereafter as the
local mail service permits, send in one sealed package to the election supervisor one copy of the
certificate and the register. In addition, all ballots properly cast shall be mailed or hand delivered
to the election supervisor. The package shall clearly indicate the precinct from which it came. To
assure adequate protection the election supervisor shall prescribe the manner in which the
ballots, registers and all other election records and materials are thereafter preserved, transferred
and destroyed.
Chapter 6.40
Canvassing and Certification of Election Results.
6.40.010 – Canvass Board.
(a) Pursuant to the provisions of Section 10-9 of the Charter of the City of Kenai, there is hereby
established a Canvassing Board for the canvassing of all City elections; regular and special, and
to ascertain and declare the results thereof, as follows:
(1) The City Clerk is hereby designated as the Chair of the Canvassing Board.
(2) The Canvassing Board shall consist of the City Clerk and up to eight (8) additional judges
selected from among the qualified voters of the city. In the event any such appointed member
of the Board is absent from the city, ill, or otherwise unable to attend at the time set for
canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge
from the same precinct to substitute for the appointed member.
(b) All members of the election canvass board, before entering upon their duties, must subscribe
to the oath required of all public officers by the Constitution of the State of Alaska in the manner
prescribed by the clerk.
6.40.020 – Preparation for Counting Ballots Delivered by Mail.
(a) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
(b) Not sooner than the tenth day before the date of an election, in preparation for counting ballots
delivered by mail, the election supervisor may:
1. begin opening return identification and secrecy envelopes of ballots delivered by mail and
received; and
2. take any other actions that are necessary to allow the counting of ballots delivered by mail
to begin at 8:00 p.m., local time, on election day.
6.40.030 – Canvass of Returns.
(a) The canvassing board shall meet on the Tuesday following each election, the election canvass
board shall meet in public session and canvass all election returns. In full view of those
present, the election canvass board shall judge the applicability of by mail and absentee
ballots, shall open and tally those accepted, and shall compile the total votes cast in the
election. Upon completion of the canvass, the canvassing board shall prepare a final
certificate of the results of votes cast by absentee ballot and of votes cast by mail ballot, and
shall prepare a written report of the results.
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(a) The clerk, as chair of the canvassing board, shall report the results of the election to the
council at the next regular council meeting following the meeting of the canvassing board.
6.40.040 – Voters Not on Official Registration List.
A person whose registration has been canceled under AS 15.07.130(b) shall not have their ballot
counted.
6.40.050 – Certification of the Election Results.
(b) At the next regular council meeting following the meeting of the canvassing board, the council
shall meet in public session to receive the report of the canvass board. If, after considering
the report, the council determines that the election was validly held, the election shall be
certified by resolution and entered upon the minutes of the meeting, together with the total
number of votes cast for each candidate and for or against each proposition or question.
(c) If the canvass board reports that a failure to comply with provisions of state law and city
ordinances, or an illegal election practice has occurred, and that such failure is sufficient to
change the outcome of the election, then the council may exclude the votes cast in one or
more precincts where such failure or illegal practices occurred from the total returns, or may
declare the entire election invalid and order a new election.
(d) If the canvass board reports an apparent discrepancy in the returns of one or more precincts,
the council may order a recount of votes cast in said precinct or precincts. Such recount shall
be conducted immediately by the canvass board and the results shall be reported to the
council. The council shall meet as soon as possible to certify the results of the election
recount.
(e) Upon certification of a valid election, the clerk shall deliver to each person elected to office a
certificate of election, signed by the clerk and authenticated by the seal of the city, in
accordance with City Charter, Section 10-9.
Chapter 6.45
Election Recount.
6.45.010 – Recount Application.
(a) Any defeated candidate or any ten (10) qualified voters, who believe that a mistake has been
made by an election official or by the canvass board in counting the votes in any election, may
make an application in writing to the clerk for a recount of the votes for any particular office or on
any particular question. The application must be filed in the office of the City Clerk within twenty-
four (24) hours, excluding any Saturday, Sunday, or holiday after the council certifies the results
of the vote being questioned. In case of a tie vote between two (2) or more candidates, to which
only one candidate is to be elected, the clerk shall initiate a recount.
(b) The application shall include a deposit in cash or by certified check for the amount listed in
the most current City of Kenai Schedule of Rates, Charges and Fees. The deposit shall be applied
against any costs incurred or refunded if there is no liability for recount costs.
(c) A recount application shall state in substance the basis of the belief that a mistake has been
made and shall identify the particular precinct, office, proposition or question for which the recount
is to be held and shall state that the person making the application is a candidate or that the ten
persons making the application are qualified voters. The candidate or person making the
application shall designate by full name and mailing address two persons who shall represent the
applicant during the recount. Any person may be named representative, including the candidate
or any person signing the application. Applications by ten qualified voters shall also include the
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designation of one of the number as chairman. The candidate or persons making the application
shall sign the application and shall print or type their full name and mailing address.
6.45.020 – Date of Recount – Notice.
(a) If the clerk determines that the application is substantially in the required form, the clerk shall
fix the date of the recount to be held within forty-eight (48) hours, excluding any Saturday,
Sunday, or holiday, after the receipt of an application requesting a recount of the votes in a
city election after it has been initiated under KMC 6.45.010.
(b) The clerk shall give the recount applicant and other directly interested parties notice of the
time and place of the recount by telephone or electronic transmission.
6.45.030 – Procedure for Recount.
(a) If a recount of ballots is demanded, the clerk shall appoint a recount board of four or more
qualified voters to conduct the recount of ballots or those precincts cited in the application for
recount.
(b) In conducting the recount, the recount board shall review all ballots to determine which ballots
or parts of ballots, were properly marked and which ballots are to be counted in the recount,
and shall check the accuracy of the original count, the precinct certificate, and the review. For
administrative convenience, the clerk may join and include two or more applications in a single
review and count of votes. The rules governing the counting of marked ballots shall be
followed in the recount.
(c) The ballots and other election materials shall remain in the custody of the clerk during the
recount and the highest degree of care shall be exercised to protest the ballots against
alteration or mutilation. The recount shall be completed within ten (10) days.
6.45.040 – Certification of Recount Result.
Upon completion of the recount, the recount board shall meet and adopt a report of the results of
the recount for submission to the council. The council shall abide by procedures for issuing a
certificate of the election as set forth in this title. The clerk shall promptly issue another election
certificate if a change in the results requires it.
6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount.
If, upon recount, a different candidate or position on a proposition or question is certified or if the
vote on recount is four percent (4%) or more in excess of the vote originally certified for the
candidate or position on a proposition or question supported by the recount application, the entire
deposit shall be refunded to the recount applicant; otherwise, it shall be placed in the general fund
of the City. If this section does not require that the entire deposit be refunded, the clerk shall
refund any money remaining after the cost of the recount has been paid from the deposit. If it is
determined that the contestant shall bear the costs of the recount pursuant to this section, and
the deposit is insufficient to cover the costs, the City may recover the excess costs from the
contestant. If the recount is obtained by voters, each of them shall be individually liable for the
whole amount of such expense.
6.45.060 – Appeal to the Courts After Recount.
Any candidate or a majority of the persons who requested a recount who have reason to believe
that an error has been made in the recount involving any candidate or question, may appeal to
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the Superior Court in accordance with applicable court rules governing appeals in civil matters.
The filing of the appeal and the proceedings shall be, as nearly as may be, as in case of such an
appeal made after a recount in a State election.
Chapter 6.50
Contest of Election.
6.50.010 – Grounds for Election Contest.
A candidate or any ten (10) qualified voters of the city may contest the election of any person or
the approval or rejection of any question or proposition upon one or more of the following grounds:
(a) Malconduct, fraud or corruption by an election official sufficient to change the result of the
election;
(b) The person elected is not qualified under law or ordinance; or
(c) Existence of a corrupt election practice, as defined by the laws of the State of Alaska, sufficient
to change the result of the election.
6.50.020 – Contest Procedure.
(a) Notice of contest of an election shall be submitted in writing to the clerk before five p.m. on
the day of the certification of the election or to the council at its meeting to certify the election
returns. The notice of contest shall specify the election being contested, the grounds of the
contest, and shall bear the notarized signatures of the candidate or qualified voters bringing
the contest. The notice shall be in substantially the following form:
NOTICE OF ELECTION CONTEST
The undersigned contest the regular (or special) election of the City of Kenai held on the
_____ day of __________________. The grounds for the contest are as follows:
Signature and date
(Notarization)
(b) Upon receiving a notice of contest, the council shall order an investigation be conducted by
the clerk and city attorney. Those contesting the election, those whose election is contested,
and the public shall be allowed to attend all investigation and recounting proceedings.
(c) If the contest involves the eligibility of voters, the council shall direct the clerk to recheck the
most current state registration lists. After considering the reports of the investigating officials
and any other proof, the council shall determine whether any illegally cast votes could have
affected the election results. If they could not have, the council may so declare and determine
the election valid and certify the results pursuant to this title.
(d) If the contest involves other prohibited election practices which are shown to have taken place,
the council, in certifying the election returns, shall exclude the vote of the precincts where
such practices occurred. If it is determined that such exclusion could not affect the election
results, the council shall declare the election valid and certify the results pursuant to this title.
(e) The contestants shall pay all costs and expenses incurred in a recount of an election as
provided by KMC 6.45.010.
6.50.030 – Appeal or Judicial Review.
A person may not appeal or seek judicial relief of an election for any cause or reason unless the
person is qualified to vote in the city, has exhausted all administrative remedies before the council,
and has commenced within ten (10) days after the council has finally declared the election results,
Page 86
Ordinance No. 3127-2020
Page 37 of 37
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
an action in the superior court. If an action under this section is not commenced within the ten-
day period, the election and the election result shall be conclusive, final, and valid in all respects.
Chapter 6.55
Special Elections.
6.55.010 – Procedure.
The clerk shall conduct special elections in accordance with the procedures set out in this title for
a regular election.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That this ordinance shall take effect on January 1, 2021.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: May 20, 2020
Enacted: *, 2020
Effective: *, 2020
Page 87
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: August 13, 2020
SUBJECT: Substitute Ordinance No. 3127-2020
At the July 1 meeting I was asked to incorporate amendments provided in the amendment memo
dated June 24, 2020 into a substitute ordinance; those amendments have been incorporated into
the provided substitute ordinance. I also incorporated the date that the Kenai Peninsula Borough
Assembly (KPB) adopted their similar ordinance and updated the effective date to match the
effective date of the borough’s ordinance (January 1, 2021).
Additionally, references to a runoff election in sections 6.10.030 and 6.25.020 were discovered
and removed; the Charter indicates that the candidate(s) receiving the highest number of votes
shall be elected and, in the event of a tie, the election shall be determined by lot. For these
reasons, the City will not encounter a runoff election. These were initially missed when copying
the sections from the borough’s ordinance.
Finally, section 6.15.030 – Review of Candidate Qualifications, has been removed in its entirety
and the section reserved as it may conflict with Charter. As previously explained, this section was
incorporated from an ordinance the Kenai Peninsula Borough adopted in January to provide a
procedure for the Clerk to determine candidate qualification. Charter section 10-10 indicates that
Council shall be the judge of the qualifications of its own members. I still recommend that there
be a process to determine qualifications outlined in the code but I would like to bring a revised
recommendation back to you in a future ordinance where the clerk facilitates the process but
leaves the ultimate decision to the Council to be more in harmony with the Charter.
Your consideration is appreciated.
Page 88
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3150-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING KENAI
MUNICIPAL CODE 21.10.130- LEASE EXECUTION AND APPROVING A LEASE EXECUTION
EXTENSION TO MAY 31, 2021 TO SCHILLING RENTALS, LLC FOR LOT 5A, BLOCK 1, FBO
SUBDIVISION 2018 REPLAT.
WHEREAS, the Kenai City Council approved of a 45-year lease application from Schilling
Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat to be used as a hangar for rotor
and fixed-wing aircraft and crew quarters with an expected tenant to provide emergency medical
flights; and,
WHEREAS, a 60-day extension allowed by Kenai Municipal Code 21.10.130 was granted by the
City Manager with good cause of the COVID-19 public health emergency for the execution of a
lease agreement; and,
WHEREAS, Schilling Rentals, LLC has provided a letter to the City requesting a lease execution
extension greater than the 60 days allowed by Kenai Municipal Code 21.10.130 due to the
unforeseen circumstances of the COVID-19 public health emergency and its impact on their
business plans; and,
WHEREAS, Schilling Rentals, LLC anticipates a spring 2021 start for construction of the hangar
and facility detailed in the lease application; and,
WHEREAS, the project will enhance public safety and quality of life while providing economic
development on property leased from the City within the Kenai Municipal Airport Reserve; and,
WHEREAS, the City of Kenai Airport Commission recommended approval of this extension during
its meeting on July 9, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That KMC 21.10.130 is hereby waived due to the COVID-19 public health
emergency for the exclusive purpose of granting a lease execution extension to Schilling Rentals,
LLC to May 31, 2021, for Lot 5A, Block 1, FBO Subdivision 2018 Replat.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
Page 89
Ordinance No. 3150-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: August 5, 2020
Enacted: August 19, 2020
Effective: September 18, 2020
Page 90
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: July 28, 2020
SUBJECT: Ordinance 3150-2020 - Lease Execution Extension to Schilling Rentals,
LLC for Lot 5A, Block 1, FBO Subdivision
City Council approved of a 45-year lease application from Schilling Rentals, LLC earlier this year
for Lot 5A, Block 1, FBO Subdivision 2018 Replat at 413 North Willow Street to be used as a
hangar for rotor and fixed-wing aircraft and crew quarters. The application detailed that Guardian
Flight, LLC was expected to utilize the premises to support emergency medical flights. Kenai
Municipal Code 21.10.130 requires a lease be executed within 60 days of the applicant being
mailed a lease form for signature. If the applicant shows good cause, the City Manager may grant
an extension not exceeding 60 days for the applicant to execute and return a signed lease. The
City Manager found good cause due to the COVID-19 public health emergency to grant a 60-day
extension to the execution of the lease for Lot 5A. This extended the deadline for the execution
and signature of the lease to September 20, 2020.
Schilling Rentals has requested a greater extension for signing the lease than the 60 days allowed
by Kenai Municipal Code due to the unforeseen circumstances created by the COVID-19 public
health emergency. If City Council approves, Ordinance 3150-2020 would extend the date for
Schilling Rentals, LLC to execute the lease and sign the lease agreement with the City to May
31, 2021.
The Airport Commission recommended approval of the lease execution extension by City Council
during their meeting on July 9, 2020.
Thank you for your consideration.
Attachment:
Letter dated July 1, 2020 from Schilling Rentals, LLC requesting a lease execution extension
from July 20, 2020 to May 31, 2021
Page 91
Page 92
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: August 14, 2020
SUBJECT: Ordinance No. 3150-2020 - Lease Execution Extension to Schilling
Rentals, LLC for Lot 5A, Block 1, FBO Subdivision
The Airport Commission recommended approval of Ordinance No. 3150-2020 at their meeting
on August 13, 2020. Ordinance No. 3150-2020 incorrectly states this went before the Airport
Commission on their meeting on July 9, 2020. I recommend amending the final WHEREAS
clause on Ordinance No. 3150-2020 to correctly reflect the date the Airport Commission
recommended approval. Thank you for your consideration.
Page 93
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3151-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE TERMINAL IMPROVEMENTS
CAPITAL FUND, AND AUTHORIZING AN INCREASE TO THE CONSTRUCTION PURCHASE
ORDER TO BLAZY CONSTRUCTION, INC.
WHEREAS, the City of Kenai executed a Construction Agreement with Blazy Construction, Inc.
on October 1, 2018 for the Terminal Rehabilitation Project in the amount of $10,985,994; and,
WHEREAS, Council, through enactment of Ordinance 3037-2018 authorized the City Manager to
issue a Purchase Order in the amount of $11,485,994 for the Contract amount of $10,985,994
including $500,000 of contingency funding; and,
WHEREAS, Council, through enactment of Ordinances 3060-2019, 3080-2019, 3097-2019 and
3111-2020 increased estimated revenues and appropriations by $1,012,858.30 to provide for
continued project contingency funds and increased the purchase order amount to
$12,498,852.30; and,
WHEREAS, to date the City has executed nine change orders totaling $1,195,962.41; and,
WHEREAS, a pending Change Order #10 in the amount of $365,950.36 would be funded through
this Ordinance, and bring the total Change Orders to date to $1,561,912.77; and,
WHEREAS, within Change Orders 1-10, $82,782.43 has been determined to be ineligible for FAA
reimbursement; and
WHEREAS, the Federal Aviation Administration grant eligible portion of Change Orders 1-10 has
been determined to be $1,479,130.34 with the FAA share as $1,310,065.74 and the City of
Kenai’s share as $169,064.60; and,
WHEREAS, the total of all Change Orders to date of $1,561,912.77 will be funded by
$1,310,065.74 from the FAA and $251,847.03 from the City of Kenai; and
WHEREAS, Administration is requesting appropriation of the additional eligible federal share and
an increase to the authorized purchase order amount to Blazy Construction, Inc. With the intention
that this is the final change order and no additional contingency will be needed; and,
WHEREAS, once complete, the authorized purchase order and contract amount to Blazy
Construction, Inc. will be $12,547,906.77.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Page 94
Ordinance No. 3151-2020
Page 2 of 2
Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation
Administration in the amount of $297,207.44 for the grant eligible portions of Change Orders 9 &
10 to Blazy Construction, Inc.
Section 2. The City Manager is authorized to increase Purchase Order No. 116510 to Blazy
Construction, Inc. by $49,054.47.
Section 3. That the estimated revenues and appropriations be increased as follows:
Terminal Improvement Capital Project Fund:
Increase Estimated Revenues –
FAA Grant $297,207.44
Increase Appropriations:
Construction $297,207.44
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 5, 2020
Enacted: August 19, 2020
Effective: August 19, 2020
Page 95
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
Scott Curtin, Public Works Director
July 30, 2020
Ordinance No. 3151-2020
The Kenai Municipal Airport Terminal Rehabilitation Project is finally nearing its completion. The
project reached Substantial Completion on March 27, 2020 and was completed under budget.
For the last four months staff, the design team, and contractor have been coordinating to complete
additional items that were not in the original scope of work for the project. Items like replacement
of the facilities existing main boilers, and terminal wide furnishings. Both of which were left out of
the original scope due to budget concerns.
The Federal Aviation Administration is allowing the additional items to be completed under the
same grant conditions as the original work, being able to complete these items now is a great
cost advantage to the City.
To summarize the project our Original Contract with Blazy Construction was for $10,985,994.
Throughout the course of the almost two year project we have processed ten change orders
totaling $1,561,912.77 which equates to an approximately 14.2% increase.
Change Order costs associated with asbestos abatement total $551,235.54, approximately
35.3% of all change order costs. The costs associated with the replacement boilers and terminal
furniture total $323,548.26, approximately 20.7% of all change order costs. The remaining
$687,128.97, approximately 44% of all change orders were largely directed to correcting other
unforeseen conditions. Bringing discovered issues up to code, as well as coordinating to keep
the various businesses operational during the multiple phases of the project.
All in all this project was very successful for the City. I would like to express our appreciation to
Wince Corthell Bryson the Design Engineer and their entire team as well as Blazy Construction
and all of their subcontractors, without their efforts we would not have the terminal we have today.
Council’s support of this Ordinance is respectfully requested.
Page 96
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3152-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A PROJECT READY MINI GRANT FROM THE ALASKA STATE LIBRARY
FOR IMPLEMENTING THE KNOW YOUR NEIGHBOR: KINDNESS KITS PROJECT AT THE
KENAI COMMUNITY LIBRARY.
WHEREAS, the Kenai Community Library has been awarded funds in the amount of up to $1,000
from the Alaska State Library for the implementation of the Know Your Neighbor: Kindness Kits
project; and,
WHEREAS, the purpose of this project is to diversify the Library’s collection and to offer young
patrons and their parents and caregivers resources that teach the importance of diversity,
empathy, kindness and conflict resolution; and,
WHEREAS, it is in the best interest of the City to appropriate these funds for the purpose intended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $1,000 from
the Alaska State Library, execute any necessary grant agreements, and to expend the grant in
accordance with grant provisions and this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
State Grants - Library $1,000
Increase Appropriations –
Library -- Books $666
Library – Operating, Repair & Maintenance Supplies $150
Library – Advertising $184
$1,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Page 97
Ordinance No. 3152-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 5, 2020
Enacted: August 19, 2020
Effective: August 19, 2020
Page 98
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: July 23, 2020
SUBJECT: Ordinance No. 3152-2020 – Accepting and Appropriating A Project
Ready Mini Grant from the Alaska State Library
The Alaska State Library has awarded the Kenai Community Library funds in the amount of up to
$1,000 to implement a project called Know your Neighbor: Kindness Kits. The purpose of this
project is to diversify our collection and offer our young patrons resources that teach the
importance of diversity, empathy, kindness, and conflict resolution.
I respectfully request consideration of the ordinance and accepting and appropriating these grant
funds.
Page 99
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3153-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
EXCESS FUNDS RECEIVED FROM THE ISSUANCE OF GENERAL OBLIGATION
REFUNDING BONDS.
WHEREAS, On July 7, 2020, the City completed the transaction to issue General Obligation
Refunding Bonds to refund the City’s outstanding Library Expansion Bonds in the amount of
$1,194,604.46 including outstanding principle and accrued interest; and,
WHEREAS, issuance of these bonds resulted in a present value savings of $122,192.29 to the
City; and,
WHEREAS, the actual amount of proceeds from the issuance was $1,213,482.20; and,
WHEREAS, the breakdown on use of the proceeds is as follows:
Outstanding Principle and Accrued Interest $1,194,604.46
Alaska Municipal Bond Bank Cost of Issuance 2,516.02
City of Kenai Bond Counsel Cost 10,077.35
Underwriting Discount 3,349.19
Additional Proceeds 2,935.18
$1,213,482.20
;and,
WHEREAS; appropriating the funds in excess of the outstanding principle and accrued interest
for the payment of bond issuance costs and to reduce the debt service payments in FY2021, is
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Debt Service Fund:
Increase Estimated Revenues –
Proceeds from issuance of Debt $18,877.74
Increase Appropriations –
Professional Services $15,942.56
Miscellaneous 2,935.18
$18,877.74
Page 100
Ordinance No. 3153-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 5, 2020
Enacted: August 19, 2020
Effective: August 19, 2020
Page 101
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: July 28, 2020
SUBJECT: Ordinance No. 3153-2020 – Appropriating Excess Funds Received from
the Issuance of General Obligation Refunding Bonds
The purpose of this memo is to recommend the enactment of Ordinance No. 3153-2020 that will
appropriate excess proceeds from the issuance of general obligation refunding bonds to pay for
bond issuance costs with remaining funds to reduce the City’s FY2021 debt service on the bonds.
On July 7, 2020, the City closed on general obligation refunding bonds that were issued to refund
the outstanding Library Expansion Bonds the City issued in 2010. Proceeds from the newly issued
bonds totaled $1,213,482.20. Outstanding principle and accrued interest on the original bonds
totaled $1,194,604.46, providing $18,877,74 in proceeds to pay for bond issuance costs, which
totaled $15,942.56 and $2,935.18 to reduce the City’s FY2021 debt payment on the outstanding
bonds.
Your support is respectfully requested.
Page 102
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3154-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A GRANT FROM THE NATIONAL MARINE FISHERIES SERVICE PASSED
THROUGH THE PACIFIC STATES MARINE FISHERIES COMMISSION, ACCEPTING AND
APPROPRIATING ADDITIONAL INSURANCE PROCEEDS, AND AWARDING A CONTRACT
FOR REPAIR TO THE KENAI CITY DOCK FOR DAMAGE CAUSED BY EARTHQUAKES IN
2016 AND 2018 AND INSTALLATION OF A CATHODIC PROTECTION SYSTEM TO PREVENT
CORROSION.
WHEREAS, the City of Kenai released an Invitation to Bid for the 2020 Kenai City Dock Repairs
project on July 10, 2020, with Bids due on July 27, 2020; and,
WHEREAS, this Bid release was the City’s 2nd attempt to procure these services this year as an
Invitation to Bid released in May failed to render any bid responses; and,
WHEREAS, on July 27, 2020, Endries Company was the sole respondent to the latest Invitation
to Bid with a Base Bid amount of $215,875 for the damages associated with Earthquakes, and
$82,490 for Additive Alternate #1 which covered work associated with Cathodic Protection
Repairs, for a total combined Bid of $298,365; and,
WHEREAS, the additional funding for this project requested below is being provided by insurance
restitution as well as a Federal Grant through the Pacific States Marine Fisheries Commission for
the Gulf of Alaska Pink Salmon Disaster Relief; and,
WHEREAS, repairs to the dock are long overdue, and completion of this work will allow the dock
to remain in service as a useful asset to the City; and,
WHEREAS, Administration supports this project, and completion is in the best interest of 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 in the amount of $38,684.54
from the National Marine Fisheries Service passed through the Pacific States Marine Fisheries
Commission, execute the needed grant agreements, and expend the funds in accordance with
grant conditions and this ordinance.
Section 2. That the City Manager is authorized to accept insurance proceeds in the amount
of $88,441.08 to complete repairs to the Kenai City Dock for damage caused by earthquakes in
2016 and 2018.
Section 3. That estimated revenues and appropriations be increased as follows:
Page 103
Ordinance No. 3154-2020
Page 2 of 2
_____________________________________________________________________________________
Kenai City Dock Improvement Capital Project Fund:
Increase Estimated Revenues –
Restitution $ 88,441.08
Federal Grants 38,684.54
$127,125.62
Increase Appropriations –
Construction $127,125.62
Section 4. That a construction contract be awarded to Endries Company in the amount of
$298,365 and authorizing a purchase order in the amount of $313,365, which includes a $15,000
project contingency, for the project to complete repairs caused by 2016 and 2018 earthquakes
and installation of a new cathodic protection system at the Kenai City Dock.
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.
Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 5, 2020
Enacted: August 19, 2020
Effective: August 19, 2020
Page 104
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: July 30, 2020
SUBJECT: Ordinance No. 3154-2020
This memo is to request support and recommend approval of Ordinance 3154-2020 to complete
the much needed repairs at the City Dock. The facility has incurred varying damages from
earthquakes in 2016 and 2018 as well as active corrosion on the structural pilings that support
the dock.
This project was previously released for bids twice, unsuccessfully, primarily due to a lack of
interest and budget. On July 10, 2020 the project was released for a third time with Bids due on
July 27, 2020. The City received a single bid, slightly above budget, however with assistance in
the form of a grant from the National Marine Fisheries Service as well as proceeds from our
insurance carrier, the project is within reach.
Council’s support will allow this project to be completed, ensuring the dock will remain a useful
asset to the City for years to come. Council’s support is respectfully requested.
Page 105
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-68
A RESOLUTION OF THE CITY OF KENAI, ALASKA, DECLARING THE TEN-FOOT UTILITY
EASEMENT ADJOINING THE SOUTHERN BOUNDARY OF LOT 4, EVENTYR SUBDIVISION
(PLAT KN 83-1149) AND THE TEN-FOOT UTLITY EASEMENT EXCLUDING THE WEST TEN
FEET ADJOINING THE NORTH BOUNDARY OF LOT 5 AND THE TEN-FOOT UTLITY
EASEMENT ADJOINING THE NORTH AND EAST BOUNDARY OF LOT 6 EVENTYR
SUBDIVISION NO. 2 (PLAT KN 86-75) DEDICATED ON PLAT KN 83-1149 AND PLAT KN 86-
75 ARE NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO THEIR VACATION.
WHEREAS, on July 8, 2020, by Resolution No. PZ2020-18 the Kenai Planning and Zoning
Commission recommended that the Kenai Peninsula Borough Planning Commission approve of
the preliminary plat of Eventyr Subdivision Addition No. 3; and,
WHEREAS, on August 10, 2020, the Kenai Peninsula Borough Plat Committee met and granted
preliminary approval of the plat of Eventyr Subdivision Addition No. 3 consistent with the
recommendation of the Kenai Planning and Zoning Commission; and,
WHEREAS, the utility vacations shown on the preliminary plat of Eventyr Subdivision Addition
No. 3 are scheduled for a public hearing before the Kenai Peninsula Borough Planning
Commission on August 21, 2020; and,
WHEREAS, the City of Kenai received a letter on August 7, 2020 from the Kenai Peninsula
Borough requesting comments on the proposed utility vacations shown on the preliminary plat of
Eventyr Subdivision Addition No. 3; and,
WHEREAS, the surveyor has provided a letter from GCI Communication Corporation (GCI) dated
June 17, 2020 that GCI has no objection to the proposed vacation of the utility lines; and,
WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states
City Council may vacate rights-of-way or easements by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the ten-foot utility easement adjoining the southern boundary of Lot 4, Eventyr
Subdivision (Plat KN 83-1149) and the ten-foot utility easement excluding the west ten feet
adjoining the north boundary of Lot 5 and the ten-foot utility easement adjoining the north and
east boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75) dedicated by Plat KN 83-1149
and Plat KN 86-75 are not needed for a public purpose and consenting to their vacation.
Section 2. That this resolution takes effect immediately upon adoption.
Page 106
Resolution No. 2020-68
Page 2 of 2
_____________________________________________________________________________________
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 107
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: August 11, 2020
SUBJECT: Resolution No. 2020-68 – Utility Easement Vacation in Eventyr
Subdivision
The City of Kenai Planning and Zoning Commission recommended approval of the preliminary
plat of Eventyr Subdivision Addition No. 3 with Resolution No. PZ2020-18 at their meeting on July
8, 2020. The plat affects the parcels described as Lot 4, Eventyr Subdivison and Lots 5 and 6,
Eventyr Subdivision No. 2 and reconfigures the three lots into two larger lots. Adjusting the lot
lines will put the driveway to access the proposed Lot 4A on the same parcel as the residence it
accesses. Adjusting the lot lines will also resolve a nonconformity by placing the detached garage
on the same parcel as the residence on the proposed Lot 5A; having the garage on a separate
parcel without a primary structure is not allowed by Kenai Municipal Code.
The preliminary plat dedicates a ten-foot (10’) utility easement adjacent to the rights-of-way of
Colonial Drive and Lawton Drive. The preliminary plat also vacates the utility easements along
the southern ten feet (10’) of Lot 4, Eventyr Subdivision, the northern ten feet (10’) of Lots 5 and
6, Eventyr Subdivision No. 2, and the eastern ten feet (10’) of Lot 6, Eventyr Subdivision No. 2
that were dedicated on Plat KN 86-75 and Plat KN 83-149. The preliminary plat does not amend
road rights-of-way.
Kenai Municipal Code 22.05.110, Determination as to the need for public use the Kenai City
Council may vacate rights-of-way or easements by resolution. If approved by the Kenai City
Council, a copy of Resolution No. 2020-70 will be sent to the Kenai Peninsula Borough Planning
Commission before their public hearing on the vacation petition on August 24, 2020.
Attachments:
• Notice from Kenai Peninsula Borough of Utility Easement Vacation
• Preliminary Plat of Eventyr Subdivision Addition No. 3
• Maps (Aerial and Schematic)
Page 108
Charlie Pierce
Borough Mayor
Notice is hereby given that an application to vacate a utility easement in the City of Kenai was
received on 7 /28/2020 by the Planning Department of the Kenai Peninsula Borough.
In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties
within a 300-foot radius must be notified of the proposed vacation. According to Borough
records, you are an owner of property within that radius or you are an affected party.
A. Location: Vacate the 10 foot utility easement adjoining the southern boundary of Lot 4,
Eventyr Subdivision (Plat KN 83-149), the 10 foot utility easement, excluding the west 10
feet, adjoining the north boundary of Lots 5, and the 10 foot utility easement adjoining
the north and east boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75), granted
by Eventyr Subdivision (Plat KN 83-149) and Eventyr Subdivision No. 2 (Plat KN 86-75);
within SW1/4, Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska,
within the Kenai Peninsula Borough. KPB File 2020-079V
B. Pur pose as stated in petition: Easement not used. Provides more useful area to lots.
C. Petitioner(sl/Owner(s): Molly E. Hannigan and Christopher Johnson of Kenai, AK.
The proposed utility easement vacation petition will be scheduled for the Planning
Commission's meeting scheduled for Monday. August 24. 2020 at 7:30 p.m.
Written comments may be submitted to Kenai Peninsula Borough Planning Department -144 N.
Binkley Street -Soldotna, Alaska 99669. Written comments may also be submitted by email to
Peggy Clements (PClements@kpb.us) or the Planning Department (planning@kpb.us). The
Planning Department recommends that written comments be received by 1:00 P.M .•
Friday. August 21. 2020.
For additional information, contact Peggy Clements (PClements@kpb.us), Julie Hindman
Ghindman@kpb.us) or Planning Department (planning@kpb.us), 907-714-2200 (1-800-478-4441
Toll Free within the Kenai Peninsula Borough). Fax number is 907-714-2378.
Please be aware that due to the recent COVID-19 pandemic and based on CDC guidelines.
the meeting will not be physically open to the public. Instructions are as follows:
The meeting will remain open to the public and are invited to participate. The Planning
Commissioners, along with staff members, will be attending via teleconferencing. The public will
be able to listen or participate with the same methods. The meeting will be held through
Mailed August 4, 2020
Page 109
Date
Page Two
Zoom. To join the meeting from a computer visit https:U zoom.usLj/20842 59541. To attend the
Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877-853-5247. When calling in
you will need the Meeting ID of 208 425 9541 . If you connect by computer and do not have
speakers or a microphone, if wishing to comment, connect online and then select phone for
audio. A box will come up with toll free numbers, the Meeting ID, and your participant number.
Detailed instructions will be posted on the Planning Commission's webpage prior to the
meeting. https:U www.k p b.us /p lannin g -de pt/p lannin g -commission.
If you have questions or experience technical difficulties, please contact the Planning
Department at (907) 714-2200.
Meeting materials may be found at https://www.k pb.us/p lannin g -dept/p lannin g -commission as
well as any updates to meeting procedures.
Page 110
.3% Page 111
Parcels 04515417, 04515420, and 04515421
108 Linwood Lane, 104 Linwood Lane, 1303 Lawton Drive
Lot 4, Eventyr Subdivision, Lots 5 and 6 Eventyr Subdivision No. 2
04515420
04515417
04515421LINWOOD LNLAWTON DR
COLONIAL DR
TERESA ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Aerial MapPreliminary Plat: Eventyr Subdivision No. 3
Date: July 2020
LEGEND
Parcels Amended
by Preliminary Plat
0 4020 Feet
Page 112
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Date: 7/30/2020
Page 113
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-69
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO
ENTER A DESIGN AGREEMENT WITH THE DEPARTMENT OF THE ARMY FOR THE DESIGN
FOR THE KENAI BLUFFS STABILIZATION PROJECT
WHEREAS, the City has designated the Kenai River Bluff Erosion Project its number one federal
and state funding priority for a number of years; and,
WHEREAS, the Final Integrated Feasibility Report and Environmental Assessment, and Finding
of No Significant Impact was provided by the U.S. Army Corps of Engineers (USACE) in
November, 2018; and,
WHEREAS, the City share of the project, which may be comprised of City, State, or eligible
Federal funds, is 35% of project costs associated with design and construction of the project; and,
WHEREAS, the estimated cost of the pre-construction engineering and design (PED) phase of
the project is $1,000,000, and the City will be covering all of those costs; and,
WHEREAS, if the project goes through to construction it is anticipated that the City’s full funding
of the PED phase would be credited towards our ultimate cost share of 35% for the total project;
and,
WHEREAS, the City has received $4,000,000 in grants from the State of Alaska Department of
Commerce, Community and Economic Development for the Kenai Bluff Stabilization Project of
which approximately $3,400,000 is unspent to date and available to fund the PED phase of the
project; and,
WHEREAS, it is anticipated that the design agreement for the design of the Kenai Bluffs
Stabilization Project will be approved by the USACE in the upcoming weeks; and,
WHEREAS, the design agreement outlines the responsibilities of both the USACE and the City
of Kenai and requires the signature of the Kenai City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Manager is authorized to enter a design agreement with the
Department of the Army for the design for the Kenai Bluffs Stabilization Project.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of August, 2020.
Page 114
Resolution No. 2020-69
Page 2 of 2
_____________________________________________________________________________________
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 115
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 13, 2020
SUBJECT: Resolution No. 2020-69 – USACE design agreement
It is anticipated that the design agreement for the design of the Kenai Bluffs Stabilization Project
will be approved by the USACE in the upcoming weeks. This resolution authorizes the City
Manager to enter the agreement with the USACE. The design agreement authorizes work to
begin on the design of the project and also outlines the match responsibilities of the City and the
USACE.
A draft of the design agreement is attached.
Your consideration is appreciated.
Page 116
DESIGN AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF KENAI, ALASKA
FOR
DESIGN
FOR THE
KENAI BLUFFS BANK STABILIZATION, ALASKA
THIS AGREEMENT is entered into this day of , , by and
between the Department of the Army (hereinafter the “Government”), represented by the District
Commander for Alaska District (hereinafter the “District Commander”) and the City of Kenai
(hereinafter the “Non-Federal Sponsor”), represented by the City Manager.
WITNESSETH, THAT:
WHEREAS, Federal funds were provided in General Investigations, 096X3121
were reprogrammed to initiate design of the stabilization of the Kenai River Bluffs;
WHEREAS, construction of the Project is authorized by Section 116 of the Energy and
Water Development and related Agencies Appropriations Act of 2010 (P.L. 111-85);
WHEREAS, Section 103 of the Water Resources Development Act of 1986, as
amended (33 U.S.C. 2213), specifies the cost-sharing requirements applicable to construction
of the Project, and Section 105(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2215), provides that the costs of design shall be shared in the same percentages as
construction of the Project;
WHEREAS, based on the Project’s primary project purpose of coastal storm risk
management, the parties agree that the Non-Federal Sponsor shall contribute 35 percent of the
total design costs under this Agreement; and
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows: DRAFTPage 117
2
ARTICLE I - DEFINITIONS
A. The term “Project” means construction of a 5,000 foot long armored protective berm
at the toe of the 70-foot high bluff along the north bank of the Kenai River protecting 31 bluff
parcels, existing structures, infrastructure and cultural resources, as generally described in the
Director’s Report approved by the Director of Civil Works on April 10, 2019.
B. The term “Design” means perform detailed pre-construction engineering and design
including preparation of plans and specifications for the initial construction contract for the
Project.
C. The term “total design costs” means the sum of all costs that are directly related to the
Design and cost shared in accordance with the terms of this Agreement. Subject to the
provisions of this Agreement, the term shall include, but is not necessarily limited to: the
Government’s costs for engineering and design, economic and environmental analyses, and
evaluation; for contract dispute settlements or awards; for supervision and administration; for
Agency Technical Review and other review processes required by the Government; for response to
any required Independent External Peer Review; and the Non-Federal Sponsor’s creditable costs
for in-kind contributions, if any. The term does not include any costs for dispute resolution;
participation by the Government and Non-Federal Sponsor in the Design Coordination Team to
discuss significant issues and actions; audits; or an Independent External Peer Review panel, if
required; or the Non-Federal Sponsor’s cost of negotiating this Agreement.
D. The term "in-kind contributions" means those materials or services provided by the
Non-Federal Sponsor that are identified as being integral to design of the Project by the Division
Commander for the Pacific Ocean Division (hereinafter the “Division Commander”). To be
integral, the material or service must be part of the work that the Government would otherwise
have undertaken for design of the Project. In- kind contributions also include any investigations
performed by the Non-Federal Sponsor to identify the existence and extent of any hazardous
substances that may exist in, on, or under real property interests required for the Project.
E. The term “fiscal year” means one year beginning on October 1st and ending on
September 30th of the following year.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. In accordance with Federal laws, regulations, and policies, the Government shall
conduct the Design using funds appropriated by the Congress and funds provided by the Non-
Federal Sponsor. In carrying out its obligations under this Agreement, the Non-Federal Sponsor
shall comply with all requirements of applicable Federal laws and implementing regulations. If
the Government and non-Federal interest enter into a Project Partnership Agreement for
construction of the Project, the Government shall include the total design costs in the calculation DRAFTPage 118
3
of construction costs for the Project in accordance with the terms and conditions of the Project
Partnership Agreement.
B. The Non-Federal Sponsor shall contribute 35 percent of total design costs in
accordance with the provisions of this paragraph and provide required funds in accordance
with Article III.
1. After considering the estimated amount of credit for in-kind contributions, if
any, that will be afforded in accordance with paragraph C. of this Article, the Government shall
provide the Non-Federal Sponsor with a written estimate of the amount of funds required from
the Non-Federal Sponsor to meet its cost share for the initial fiscal year of the Design. No later
than 60 calendar days after such notification, the Non-Federal Sponsor shall provide the full
amount of such funds to the Government in accordance with Article III.
2. No later than August 1st prior to each subsequent fiscal year of the Design, the
Government shall provide the Non-Federal Sponsor with a written estimate of the amount of
funds required from the Non-Federal Sponsor during that fiscal year to meet its cost share. No
later than September 1st prior to that fiscal year, the Non-Federal Sponsor shall provide the full
amount of such required funds to the Government in accordance with Article III.
C. The Government shall credit towards the Non-Federal Sponsor’s share of total design
costs, the costs, documented to the satisfaction of the Government, that the Non-Federal Sponsor
incurs in providing or performing in-kind contributions integral to the Design, including
associated supervision and administration. Such costs shall be subject to audit in accordance
with Article VII to determine reasonableness, allocability, and allowability, and crediting shall
be in accordance with the following procedures, requirements, and limitations:
1. As in-kind contributions are completed and no later than 60 calendar day after
such completion, the Non-Federal Sponsor shall provide the Government appropriate
documentation, including invoices and certification of specific payments to contractors,
suppliers, and the Non-Federal Sponsor’s employees. Failure to provide such documentation in
a timely manner may result in denial of credit.
2. No credit shall be afforded for interest charges, or any adjustment to reflect
changes in price levels between the time the in-kind contributions are completed and credit is
afforded; for the value of in-kind contributions obtained at no cost to the Non-Federal Sponsor;
for any items provided or performed prior to the effective date of this Agreement unless covered
by an In-Kind Memorandum of Understanding; for any items not identified as integral in the
integral determination report; or for costs that exceed the Government’s estimate of the cost for
such item if it had been performed by the Government.
3. No reimbursement will be provided for any in-kind contributions that exceed
the Non-Federal Sponsor’s share of the total design costs under this Agreement. As provided in
Article II.A., total design costs, including credit for in-kind contributions, shall be included in the
calculation of construction costs for the Project in accordance with the terms and conditions of
the Project Partnership Agreement. DRAFTPage 119
4
D. To the extent practicable and in accordance with Federal laws, regulations, and
policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and
comment on solicitations for contracts prior to the Government’s issuance of such solicitations;
proposed contract modifications, including change orders; and contract claims prior to resolution
thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract
modifications, and resolution of contract claims shall be exclusively within the control of the
Government.
E. The Non-Federal Sponsor shall not use Federal program funds to meet any of its
obligations under this Agreement unless the Federal agency providing the funds verifies in
writing that the funds are authorized to be used for the Project. Federal program funds are those
funds provided by a Federal agency, plus any non-Federal contribution required as a matching
share therefor.
F. Except as provided in paragraph C. of this Article, the Non-Federal Sponsor shall not
be entitled to any credit or reimbursement for costs it incurs in performing its responsibilities
under this Agreement.
G. If Independent External Peer Review (IEPR) is required for the Design, the
Government shall conduct such review in accordance with Federal laws, regulations, and policies.
The Government’s costs for an IEPR panel shall not be included in the total design costs.
H. In addition to the ongoing, regular discussions of the parties in the delivery of the
Design, the Government and the Non-Federal Sponsor may establish a Design Coordination
Team to discuss significant issues or actions. Neither the Government’s nor the Non-Federal
Sponsor’s costs for participation on the Design Coordination Team shall be included in the total
design costs. The Non-Federal Sponsor’s costs for participation on the Design Coordination
Team shall be paid solely by the Non-Federal Sponsor without reimbursement or credit.
ARTICLE III - PAYMENT OF FUNDS
A. As of the effective date of this Agreement, total design costs are projected to be
$1,000,000, with the Government’s share of such costs projected to be $650,000, and the Non-
Federal Sponsor’s share of such costs projected to be $350,000, These amounts are estimates
subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and
are not to be construed as the total financial responsibilities of the Government and the Non-
Federal Sponsor.
B. The Government shall provide the Non-Federal Sponsor with monthly reports setting
forth the estimated total design costs and the Government’s and Non-Federal Sponsor’s
estimated shares of such costs; costs incurred by the Government, using both Federal and Non-
Federal Sponsor funds, to date; the amount of funds provided by the Non-Federal Sponsor to DRAFTPage 120
5
date; the estimated amount of any creditable in-kind contributions; and the estimated remaining
cost of the Design.
C. The Non-Federal Sponsor shall provide to the Government required funds by
delivering a check payable to “FAO, USAED, Alaska District (J4)” to the District
Commander, or verifying to the satisfaction of the Government that the Non-Federal Sponsor
has deposited such required funds in an escrow or other account acceptable to the
Government, with interest accruing to the Non-Federal Sponsor, or by providing an
Electronic Funds Transfer of such required funds in accordance with procedures established
by the Government.
D. The Government shall draw from the funds provided by the Non-Federal Sponsor to
cover the non-Federal share of the total design costs as those costs are incurred. If the
Government determines at any time that additional funds are needed from the Non-Federal
Sponsor to cover the Non-Federal Sponsor’s required share of the total design costs, the
Government shall provide the Non-Federal Sponsor with written notice of the amount of
additional funds required. Within 60 calendar days of such notice, the Non-Federal Sponsor
shall provide the Government with the full amount of such additional funds.
E. Upon completion of the Design and resolution of all relevant claims and appeals, the
Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the
written results of such final accounting. Should the final accounting determine that additional
funds are required from the Non-Federal Sponsor, the Non-Federal Sponsor, within 60 calendar
days of written notice from the Government, shall provide the Government with the full amount
of such additional funds. Should the final accounting determine that the Non-Federal Sponsor
has provided funds in excess of its required amount, the Government shall refund the excess
amount, subject to the availability of funds or if requested by the Non-Federal Sponsor, apply the
excess amount towards the non-Federal share of the cost of construction of the Project in the
event a Project Partnership Agreement is executed for the Project. Such final accounting does
not limit the Non-Federal Sponsor's responsibility to pay its share of total design costs, including
contract claims or any other liability that may become known after the final accounting.
ARTICLE IV - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement, the Government may suspend or terminate Design unless the Assistant Secretary of
the Army (Civil Works) determines that continuation of the Design is in the interest of the
United States or is necessary in order to satisfy agreements with any other non-Federal interests
in connection with the Project.
B. If the Government determines at any time that the Federal funds made available for
the Design are not sufficient to complete such work, the Government shall so notify the Non-
Federal Sponsor in writing within 30 calendar day, and upon exhaustion of such funds, the
Government shall suspend Design until there are sufficient Federal funds appropriated by the
Congress and funds provided by the Non-Federal Sponsor to allow Design to resume. DRAFTPage 121
6
C. In the event of termination, the parties shall conclude their activities relating to the
Design and conduct an accounting in accordance with Article III.E. To provide for this
eventuality, the Government may reserve a percentage of available funds as a contingency to pay
costs of termination, including any costs of resolution of contract claims and contract
modifications.
D. Any suspension or termination shall not relieve the parties of liability for any
obligation incurred. Any delinquent payment owed by the Non-Federal Sponsor pursuant to this
Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury,
equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills
auctioned immediately prior to the date on which such payment became delinquent, or auctioned
immediately prior to the beginning of each additional 3 month period if the period of
delinquency exceeds 3 months.
ARTICLE V - HOLD AND SAVE
The Non-Federal Sponsor shall hold and save the Government free from all damages
arising from the Design, except for damages due to the fault or negligence of the Government or
its contractors.
ARTICLE VI - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
through negotiation, they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to this
Agreement.
ARTICLE VII - MAINTENANCE OF RECORDS AND AUDIT
A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor
of books, records, documents, or other evidence pertaining to costs and expenses for a minimum
of three years after the final accounting. The Non-Federal Sponsor shall assure that such
materials are reasonably available for examination, audit, or reproduction by the Government.
B. The Government may conduct, or arrange for the conduct of, audits of the Design.
Government audits shall be conducted in accordance with applicable Government cost principles
and regulations. The Government’s costs of audits for the Design shall not be included in total
design costs. DRAFTPage 122
7
C. To the extent permitted under applicable Federal laws and regulations, the
Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other
evidence pertaining to costs and expenses maintained by the Government, or at the request of the
Non-Federal Sponsor, provide to the Non-Federal Sponsor or independent auditors any such
information necessary to enable an audit of the Non-Federal Sponsor’s activities under this
Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsor
without reimbursement or credit by the Government.
ARTICLE VIII - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement, the
Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to
be considered the officer, agent, or employee of the other. Neither party shall provide, without
the consent of the other party, any contractor with a release that waives or purports to waive any
rights a party may have to seek relief or redress against that contractor.
ARTICLE IX - NOTICES
A. Any notice, request, demand, or other communication required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or mailed by certified mail, with return receipt, as follows:
If to the Non-Federal Sponsor:
Paul Ostrander, City Manager, Project Manager
210 Fidalgo, Avenue
Kenai, Alaska 99611-7794
If to the Government:
Army Corps of Engineers, Alaska District
ATTN: PM-C
P.O. Box 6898
JBER, AK 99506-6898
B. A party may change the recipient or address for such communications by giving
written notice to the other party in the manner provided in this Article.
ARTICLE X - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to maintain
the confidentiality of exchanged information when requested to do so by the providing party.
ARTICLE XI - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
DRAFTPage 123
8
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this
Agreement. DRAFTPage 124
A-9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY THE CITY OF KENAI, ALASKA
BY: BY:
DAVID R. HIBNER PAUL OSTRANDER
Colonel, U.S. Army City Manager
District Commander
DATE: DATE:
DRAFTPage 125
City of Kenai Council Meeting Page 1 of 11
August 5, 2020
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 5, 2020 – 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 August 5, 2020, 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 Robert Peterkin
Glenese Pettey
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
Jacquelyn LaPlante, Deputy Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the agenda and packet:
Add to item D.1. Ordinance No. 3146-2020
• Amendment Memo
Add to item D.6. Resolution No. 2020-64
• Substitute Resolution No. 2020-64
• Memo
Add to item D.8. Resolution No. 2020-66
• Amendment Memo
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Add to item F.1. Ordinance No. 3133-202
• Replacement Amendment Memo
MOTION:
Vice Mayor Molloy MOVED to approve the agenda with the requested additions to the packet and
requested UNANIMOUS CONSENT. Council Member Knackstedt SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT. Vice Mayor Molloy SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public
comment period 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. Bill Dunn – Erosion Mitigation for the Bluff Adjacent to Toyon Way.
Mr. Dunn spoke regarding the City’s Bluff Erosion project noting it consisted of stabilizing one mile of
bluff and suggested the project should be longer to include dunes on North and South Beaches as well
as the bluff along Toyon Way. He asked for Council’s support for the City Administration to spend time
assisting the neighborhood to develop a Local Improvement District adding that a contractor has reviewed
the area and offered a proposal which had been shared with the neighborhood; each property owner
would need to contract with the contractor separately. Mr. Dunn noted a consistent barrier at the toe
would be more effective than piecemeal along each property line.
B. UNSCHEDULED PUBLIC COMMENTS
Marian Nelson applauded the City for its support of its Capital Improvement Projects and asked Council
to consider including the Art Guild’s project in those improvements.
Mick Wykis echoed support for adding the Art Guild’s project in the City’s Capital Improvement Project
list and thanked the Council for their contribution to the success of the Kenai Fine Arts Center.
D. PUBLIC HEARINGS
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1. Ordinance No. 3146-2020 - Increasing Estimated Revenues and Appropriations in the
General Fund, Library Improvement Capital Project Fund, Visitor Center Improvement
Capital Project Fund, Municipal Roadway Improvements Capital Project Fund, Kenai
Recreation Center Improvements Capital Project Fund, Information Technology
Improvements Capital Project Fund, and City Hall Improvements Capital Project Fund to
Fund Capital Projects Deferred During the FY2021 Budget Process. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3146-2020 and Council Member Navarre
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
MOTION TO AMEND :
Council Member Navarre MOVED to amend by amending section 1 dollar amounts to $1,545,000 in both
instances and adding a new Section 8 to read, “that the estimated revenues and appropriations be
increased as follows: Kenai Fine Arts Center Improvement Capital Project Fund: Increase Estimated
Revenues – Transfer from General Fund $100,000, Increase Appropriations – Construction $100,000,”
and renumber following sections and amend title and requested UNANIMOUS CONSENT. Vice Mayor
Molloy SECONDED the motion.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERD.
MOTION TO AMEND :
Council Member Navarre MOVED to amend by amending dollar amounts in section 1 to $1,565,000 in
both instances and amending new Section 8 by replacing $100,000 with $120,000 in both instances and
requested UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion.
It was noted the additional funding was to include window replacement in the project. It was also noted
that the Art Guild was covering one-third of the project, had applied for a grant, and that the City benefited
from the asbestos removal.
Clarification was provided that the project wouldn’t qualify for CARES Act funding because it had been
planned prior to the COVID outbreak.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERD.
MOTION TO AMEND :
Council Member Knackstedt MOVED to amend by adding a new Section 9 to read, “That the funding for
the Kenai Fine Arts Center Improvement be restricted as follows: 1) If the engineer’s estimate for the
project exceeds $150,000, the appropriation should be brought back to the City Council for re-
consideration. 2) The $120,000 appropriation must be committed or encumbered by November 10, 2021.
3) The $120,000 may only be used for construction at the Kenai Fine Arts Center,” and renumber
subsequent sections in the ordinance accordingly. Council Member Molloy SECONDED the motion.
UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERD.
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Gratitude was expressed for the clarity of all projects included in the project list and for finding a way to
bring forth the Capital Projects.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Knackstedt, Pettey, Molloy, Peterkin, Navarre, Glendening, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3147-2020 - Accepting and Appropriating $2,135.25 in Asset Forfeiture
Sharing Funds for Purchasing Law Enforcement Equipment into the General Fund, Police
Department. (Administration)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3147-2020 and Council Member Pettey SECONDED
the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
VOTE:
YEA: Knackstedt, Pettey, Molloy, Peterkin, Navarre, Glendening, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3148-2020 - Accepting and Appropriating a Meals on Wheels COVID-19
Response Fund Grant Round Two from Meals on Wheels America for Kenai Senior Center
Expenditures in Support of its Response to the COVID-19 Public Health Emergency.
(Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3148-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
Meals on Wheels was thanked for the additional grant.
VOTE:
YEA: Knackstedt, Pettey, Molloy, Peterkin, Navarre, Gabriel, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
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4. Ordinance No. 3149-2020 - Accepting and Appropriating a Grant from the Federal Aviation
Administration and Authorizing the Purchase of Property Described as Lot 5, Spruce Creek
Subdivision which is in the Airport’s Runway Protection Zone. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3149-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
It was noted it was prudent for the property to be purchased; suggested the Administration continue to
look for opportunities to purchase properties for this purpose.
VOTE:
YEA: Knackstedt, Pettey, Molloy, Peterkin, Navarre, Gabriel, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
5. Resolution No. 2020-63 - Declaring a Right-Of-Way for a Portion of the Cul-De-Sac at the
North End of Daubenspeck Circle as Dedicated on Baron Park 2012 Addition, Plat KN 2012-
89, and as Set Forth on the Attached Exhibit “A” is Not Needed for a Public Purpose and
Consenting to its Vacation. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2020-63 and Council Member Glendening
SECONDED the motion. UNANIMOUS CONSENT was requested.
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.
6. Resolution No. 2020-64 - Authorizing the Award of a Professional Services Agreement for
Kenai Small Business Development and Tourism Marketing Services Related to the COVID-
19 Public Health Emergency. (Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2020-64 and Council Member Pettey SECONDED
the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
MOTION TO AMEND :
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Vice Mayor Molloy MOVED to amend Resolution No. 2020-64 by substitute resolution. Council Member
Navarre SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
Clarification was provided that this awards a contract for small business marketing which will be
distributed pursuant to Resolution 2020-54; an overview of the application process was provided.
UNANIMOUS CONSENT was requested.
VOTE ON THE MAIN MOTION AS AMENDED: There being no objections, SO ORDERED.
7. Resolution No. 2020-65 - Authorizing the Award of a Professional Services Agreement for
Mental Health Services Related to the COVID-19 Public Health Emergency. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2020-65 and Council Member Glendening
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
Clarification was provided that Administration needed to find an alternative way to contract with a firm to
provide the services and requested the item be postponed indefinitely.
MOTION TO POSTPONE INDEFINITELY:
Council Member Knackstedt MOVED to postpone Resolution No. 2020-65 indefinitely and requested
UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion.
VOTE TO POSTPONE INDEFINITELY: There being no objections, SO ORDERED.
8. Resolution No. 2020-66 - Awarding a Purchase Agreement for the Supply and Delivery of
Chemicals for the Water and Waste Water Treatment Plants. (Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2020-66 and Council Member Navarre SECONDED
the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public hearing was
closed.
MOTION TO AMEND :
Council Member Navarre MOVED to amend Resolution No. 2020-66 by adding “and waste water
treatment plants” after, “water,” in the first whereas clause, fill in the blank with “One” and insert “Univar
Solutions” as the Contractor, and insert “$64,840” as the Bid in the second whereas clause, fill in the
blank with “Univar Solutions,” in the third whereas clause, replace XXXXXXX with “Univar Solutions” in
the fourth whereas clause, fill in the first two blanks with “Univar Solutions” and fill in the third blank with
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“$64,840” in Section 1. Vice Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was
requested.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
UNANIMOUS CONSENT was requested.
VOTE ON THE MAIN MOTION AS AMENDED: There being no objections, SO ORDERED.
9. Resolution No. 2020-67 - Approving a Grant to the Alaska Municipal League Utilizing
Funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. (Council
Member Navarre)
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2020-67 and Council Member Glendening
SECONDED the motion.
Mayor Gabriel opened for public hearing. There being no one wishing to be heard, the public hearing was
closed.
An overview of the services Alaska Municipal League has provided to the City was provided as well as
clarification that they provide a service to the City so they qualified for funding outside of the grant process
developed by the City.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
E. MINUTES
1. *Regular Meeting of July 15, 2020. (City Clerk)
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Substitute Ordinance No. 3133-2020 - Increasing Estimated Revenues and Appropriations
in the Airport Special Revenue Fund, Authorizing a Budget Transfer in the Airport Terminal
Improvement Capital Project Fund and Appropriating FY2020 Budgeted Funds in the Airport
Master Plan Capital Project, Airport Snow Removal Equipment and Airport Operations
Facility Improvement Capital Project Funds for Heating, Ventilation and Air Conditioning
(HVAC) Improvement to the Airport Operations Facility and Replacement of the Airport’s
Wide Area Mower. (Administration) [Clerk's Note: At the July 15 Meeting, this item was
Postponed to this Council Meeting. A Motion to Enact is On the Floor.]
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3133-2020 by amending the title by deleting the
words “INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL
REVENUE FUND,” replacing $XXX,XXX in the third WHEREAS with $248,150, deleting the fourth
WHEREAS in its entirety, replace both $XXX,XXX’s with $208,485 in Section 1, delete Section 3 in its
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August 5, 2020
entirety and renumber the subsequent sections accordingly and, in the newly renumbered Section 6,
replace “July 1, 2020, the effective date of the FY2021 City of Kenai Annual Budget” with “That pursuant
to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment.” Council Member
Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Gabriel, Knackstedt, Pettey, Molloy, Peterkin, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Purchase Orders over $15,000. (Administration)
Approved by the consent agenda.
3. *Action/Approval - Non-Objection to the Renewal of Marijuana Licenses for Peninsula
Botanicals, Kenai River Cannabis, Herban Extracts, LLC, and East Rip. (City Clerk)
Approved by the consent agenda.
4. *Ordinance No. 3150-2020 - Waiving Kenai Municipal Code 21.10.130 - Lease Execution,
and Approving a Lease Execution Extension to May 31, 2021 to Schilling Rentals, LLC for
Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
Introduced by the consent agenda and public hearing set for August 19, 2020.
5. *Ordinance No. 3151-2020 - Increasing Estimated Revenues and Appropriations in the
Terminal Improvements Capital Fund, and Authorizing an Increase to the Construction
Purchase Order to Blazy Construction, Inc. (Administration)
Introduced by the consent agenda and public hearing set for August 19, 2020.
6. *Ordinance No. 3152-2020 - Accepting and Appropriating a Project Ready Mini Grant from
the Alaska State Library for Implementing the Know Your Neighbor: Kindness Kits Project at
the Kenai Community Library. (Administration)
Introduced by the consent agenda and public hearing set for August 19, 2020.
7. *Ordinance No. 3153-2020 - Appropriating Excess Funds Received from the Issuance of
General Obligation Refunding Bonds. (Administration)
Introduced by the consent agenda and public hearing set for August 19, 2020.
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8. *Ordinance No. 3154-2020 - Accepting and Appropriating a Grant from the National Marine
Fisheries Service Passed Through the Pacific States Marine Fisheries Commission,
Accepting and Appropriating Additional Insurance Proceeds, and Awarding a Contract for
Repair to the Kenai City Dock for Damage Caused by Earthquakes in 2016 and 2018 and
Installation of a Cathodic Protection System to Prevent Corrosion. (Administration)
Introduced by the consent agenda and public hearing set for August 19, 2020.
9. Discussion - City Response to COVID-19. (Administration)
The number of cases, case rate, and hospitalizations were provided; also noted no changes in the level
facilities were open.
It was noted the softball association asked if the state tournament could take place in Kenai; typically
takes place in Anchorage and it was thought approximately 100 people would come to town. The request
was made for the association to consider Kenai in the future as well.
10. Discussion - City of Kenai Response to Governor Dunleavy’s Local Mitigation Level
Recommendations and Consideration of Joint Work Session with the City Of Soldotna
Council. (City Manager)
It was noted the Governor reached out to Mayors and Managers in different regions asking that mandates
be administered locally noting certain places in the state may not need the same mandates; expected
documentation to be forthcoming.
There was consensus that a joint meeting be held after documentation was received; this agenda item
to be on the next agenda.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging – No report; next meeting September 10.
2. Airport Commission – No report; next meeting August 13.
3. Harbor Commission – No report; next meeting August 10.
4. Parks and Recreation Commission – No report; next meeting August 6.
5. Planning and Zoning Commission – It was reported the Commission considered and
approved a plat to combine lots at their meeting on July 26; next meeting August 12.
6. Beautification Committee – No report; next meeting September 8.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Thanked Vice Mayor Molloy for filling in for the July 15 meeting;
• Participated in a teleconference with the City Manager and the Governor’s Office
regarding COVID-19 mitigation;
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• Spoke about the tragic plane accident on Friday, July 31 taking the lives of all eight
passengers noting that Representative Gary Knopp fought for what his constituents
wanted adding that he was a great neighbor and member of the community; also spoke
about Greg Bell and his involvement in the community.
J. ADMINISTRATION REPORTS
1. City Manager - City Manager P. Ostrander reported on the following:
• Annual surplus auction in the next several weeks;
• CARES Act grant program update;
• Contractor looking at the bowling alley to fix the façade;
• Update on the bike path project noting the cost had increased again;
• Land management plan draft was complete and would be working through the
Commissions and Council in the next few months;
• Preconstruction Engineering Design agreement for the Bluff Erosion Project would
likely be signed mid-August and fully executed by early September assuming no
headquarter review needed; and
• Signage for Old Town nearing completion.
2. City Attorney – No report.
3. City Clerk – City Clerk J. Heinz reported on the following:
• The Vote by Mail ordinance had been referred to the voters and would be on the October
6 ballot; and
• Candidate filing period for two City Council seats was open.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Marian Nelson expressed gratitude for Council’s support of the Fine Arts Center and noted that the
polling places used to be at the Armory.
2. Council Comments
Council Member Glendening spoke fondly regarding Representative Gary Knopp.
Vice Mayor Molloy expressed gratitude for the moment of silence and the words for the families;
commended Administration’s work on dipnet noting current management tools has shown benefit; and
commended the Clerk’s Office supporting the Council and Commissions noting the full-time Deputy Clerk
was paying off.
Council Member Knackstedt expressed sorrow for the plane crash noting his heart went out to the
families; Mr. Bell and Representative Knopp would be missed.
Council Member Pettey noted the lives lost in the plane crash were irreplaceable and expressed
condolences; noted Representative Knopp would leave a legacy and an example that the rest of us could
learn from.
Council Member Navarre expressed gratitude for the new operator taking over RAVN; thankful for Grant
and maintaining flight service. Also spoke about the plane crash devastatingly taking the seven lives on
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August 5, 2020
July 31st noting he was proud of how Representative Knopp did his job and expressed condolences to
families.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS
1. Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code Title 6 -
Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility
through Vote By Mail Elections. (Council Member Peterkin) [Clerk's Note: At the July 1
Meeting, this item was Postponed to the 08/19/20 Council Meeting.]
2. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For a Record Retention Length. (City Clerk) [Clerk's Note: At the July 1
Meeting, this Item was Postponed to the 08/19/20 Council Meeting.]
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:42 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of August 5, 2020.
_____________________________
Jamie Heinz, CMC
City Clerk
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: City Clerk
CITY OF KENAI
ORDINANCE NO. 3128-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 1.85.040 – RECORDS PUBLIC, TO PROVIDE FOR A RECORD
RETENTION LENGTH.
WHEREAS, Ordinance 3127-2020 repealed and replaced the City’s election code; and,
WHEREAS, it is appropriate to identify the record retention length for financial disclosure
statements in KMC 1.85.040 which requires them.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amending Section 1.85.040 – Records Public of the Kenai Municipal Code: That
Kenai Municipal Code, Section 1.85.040 – Records Public is hereby amended as follows:
1.85.040 Records public.
All statements required to be filed by this chapter are public records and shall be maintained for
six (6) years.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: May 20, 2020
Enacted: *, 2020
Effective: *, 2020
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz
DATE: May 14, 2020
SUBJECT: Ordinance No. 3128-2020
Ordinance No. 3128-2020 is a companion ordinance to Ordinance No. 3127-2020. If Ordinance
No. 3127-2020 is enacted, record retention of Public Official Financial Disclosure forms would
need to be incorporated back into code; it is my recommendation that it be incorporated into KMC
Chapter 1.85 where Public Official Financial Disclosure forms are set forth.
Your consideration is appreciated.
Page 138
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: June 25, 2020
SUBJECT: Ordinance No. 3128-2020 Record Retention on Financial Disclosure
Statements
Because Ordinance No. 3128-2020 is a companion ordinance to Ordinance No. 3127-2020, I
recommend you also postpone Ordinance No. 3128-2020 to the same date that Ordinance No.
3127-2020 is postponed to.
Your consideration is appreciated.
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MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: August 11, 2020
SUBJECT: Purchase Order – Univar Solutions
The purpose of this memo is to request approval to purchase twenty (20) ton of prilled urea from
Univar Solutions. This is replenishing the urea stockpile after the 2019-2020 winter season.
There were three vendors who provided quotes FOB Kenai:
Univar Solutions - $ 15,233.33
Two Rivers Terminal - $ 16,200
Alaska Garden and Pet - $ 19,540
Univar Solution’s price was found to be fair and reasonable.
Thank you for your consideration.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 11, 2020
SUBJECT: Purchase Order Exceeding $15,000
The purpose of this memo is to request approval of a Purchase Order to HDL Engineering in the
amount of $35,000 to begin assisting Public Works Staff with implementing improvements to the
Departments Supervisory Control and Data Acquisition (SCADA) Software. WonderWare is the
program the City currently uses for this, and it has been riddled with a variety of issues over the
recent years. This Purchase Order is intended to allow HDL and their sub-consultant Borealis
Controls to begin assisting Public Works with systematically addressing each issue at each
location to fully bring the system on line to work correctly as originally intended.
Currently staff has been struggling with Communications issues at many locations which cause
false alarms and a lack of visibility on our infrastructure. This makes it challenging for staff to
perform their duties effectively, as time is wasted on chasing down these issues when that time
could be better spent performing other maintenance work.
We have budgeted for this work within the Capital Improvement Plan as project priorities #2 &
#3 for both the Water Plant and Waste Water Plants respectively.
As a reminder to Council, HDL Engineering was awarded a term agreement on May 15, 2020 as
the successful firm after completion of the Request for Proposals process, to provide these
services for the City. This is one of several tasks currently being undertaken including work on
our new APDES permit renewal as well as Master Planning services for the Waste Water Plant.
This task will be the first to begin improvements on the Water side.
Council’s support is respectfully requested.
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MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Jamie Heinz, City Clerk
DATE: August 13, 2020
SUBJECT: Marijuana License Renewals
The Alcoholic & Marijuana Control Office has sent notification that the following applicants have
requested license renewal:
Applicant: Red Run Cannabis Cultivators, LLC
Owners: Marc Theiler
D/B/A: Red Run Cannabis Cultivators, LLC
License Type: Standard Marijuana Cultivation Facility
Applicant: Red Run Cannabis Company, LLC
Owners: Marc Theiler
D/B/A: Red Run Cannabis Company, LLC
License Type: Retail Marijuana Store
Applicant: Red Run Cannabis Cultivators, LLC
Owners: Marc Theiler
D/B/A: Red Run Cannabis Cultivators, LLC
License Type: Marijuana Product Manufacturing Facility
Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or
applicants for licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control
Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory
basis prior to the City Council approval of any activity of said license holder or applicant.
A review of City accounts has been completed and the applicants have satisfied all obligations
to the City. With the approval of Council, a letter of non-objection to the request for the renewal
of a Standard Marijuana Cultivation Facility, a Retail Marijuana Store, and a Marijuana Product
Manufacturing Facility will be forwarded to the Alcoholic & Marijuana Control Office and the
applicant.
Your consideration is appreciated.
Page 144
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
July 27, 2020
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: tshassetz@kpb.us
jblankenship@kpb.us
micheleturner@kpb.us
sness@kpb.us
dhenry@kpb.us
License Number: 10052
License Type: Standard Marijuana Cultivation Facility
Licensee: Red Run Cannabis Cultivators, LLC
Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC
Physical Address: 5455 Kenai Spur Highway
Kenai, AK 99611
Designated Licensee: Marc Theiler
Phone Number: 907-953-9453
Email Address: marc@redruncannabiscompany.com
☒ License Renewal Application ☐ Endorsement Renewal Application
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306.035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for
a marijuana establishment license unless the board finds that a protest by a local government is
arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC
306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the
Marijuana Control Board may approve the license renewal, but require the applicant to show to the
board’s satisfaction that the requirements of the local government have been met before the director
issues the license.
Page 145
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to
approve renewal applications with no protests, objections, or notices of violation. However, if a timely
protest or objection is filed for this application, or if any notices of violation have been issued for this
license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Sincerely,
Glen Klinkhart, Interim Director
Page 146
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jacquelyn LaPlante 7/28/2020 3:56:13 PM (Form Submission)
Approve by Wilma Anderson 7/31/2020 10:01:35 AM (Lands Review)
Red Run Cannabis Cultivators LLC are in compliance with the Conditional Use Permit granted for a
Marijuana Cultivation Facility, Standard.
Th e task was assign ed to Wilma An derson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Jeremy Hamilton 8/11/2020 6:36:10 PM (Fire Marshall Review)
Inspected 8-11-20
Th e task was assign ed to Jeremy Hamilton. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Michael Wesson 7/28/2020 4:32:55 PM (Building Official Review)
Th e task was assign ed to Michael Wesson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Jacquelyn LaPlante 7/29/2020 5:20:06 PM (Police Department Review)
Approve per Dave Ross
Jacqu el yn LaPlan te reassign ed the task to Jacqu el yn LaPlan te 7/29/2020 5:19 PM
Th e task was assign ed to David Ross. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Tina Williamson 8/3/2020 10:29:24 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi lliamson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Cindy Herr 7/28/2020 4:39:20 PM (Legal Asst Review)
Not outstanding citations or restitution owed.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: Au gust 6, 2020 5:00 PM
7/28/2020 3:56 PM
Approve by Terry Eubank 8/3/2020 11:25:27 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Approve by Scott Bloom 8/3/2020 11:38:57 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Approve by Elizabeth Appleby 8/3/2020 4:45:16 PM (P&Z Department Review)
Th e task was assign ed to El izab eth Ap pleb y. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Page 147
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Page 154
Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
July 27, 2020
Kenai Peninsula Borough
Attn: Johni Blankenship
VIA Email: jblankenship@kpb.us
CC: micheleturner@kpb.us
tshassetz@kpb.us
sness@kpb.us
dhenry@kpb.us
License Number: 10056
License Type: Retail Marijuana Store
Licensee: Red Run Cannabis Company, LLC
Doing Business As: RED RUN CANNABIS COMPANY, LLC
Physical Address: 5455 Kenai Spur Highway
Suite B
Kenai, AK 99611
Designated Licensee: Marc Theiler
Phone Number: 907-953-9453
Email Address: marc@kenaiattorney.com
☒ License Renewal Application ☐ Endorsement Renewal Application
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306.035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for
a marijuana establishment license unless the board finds that a protest by a local government is
arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC
306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the
Marijuana Control Board may approve the license renewal, but require the applicant to show to the
board’s satisfaction that the requirements of the local government have been met before the director
issues the license.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to
approve renewal applications with no protests, objections, or notices of violation. However, if a timely
protest or objection is filed for this application, or if any notices of violation have been issued for this
Page 155
license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Sincerely,
Glen Klinkhart, Interim Director
Page 156
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jacquelyn LaPlante 7/28/2020 5:26:03 PM (Form Submission)
Approve by Wilma Anderson 7/31/2020 10:03:15 AM (Lands Review)
Red Run Cannabis Company, LLC is in compliance with the conditions of the Conditional Use Permit
granted for a Retail Marijuana Store.
Th e task was assign ed to Wilma An derson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Jeremy Hamilton 8/11/2020 6:36:01 PM (Fire Marshall Review)
Inspected 8-11-20
Th e task was assign ed to Jeremy Hamilton. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Michael Wesson 7/29/2020 12:28:42 PM (Building Official Review)
Th e task was assign ed to Michael Wesson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Jacquelyn LaPlante 7/29/2020 5:19:12 PM (Police Department Review)
Approve per Dave Ross
Th e task was assign ed to Jacq uelyn LaPl ante. The d ue d ate is: Au gust 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Tina Williamson 8/3/2020 10:29:06 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi lliamson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Cindy Herr 7/28/2020 5:43:38 PM (Legal Asst Review)
No outstanding citations or restitution owed.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: Au gust 6, 2020 5:00 PM
7/28/2020 5:26 PM
Approve by Terry Eubank 8/3/2020 11:25:20 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Approve by Scott Bloom 8/3/2020 11:39:03 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Approve by Elizabeth Appleby 8/3/2020 4:43:01 PM (P&Z Department Review)
Th e task was assign ed to El izab eth Ap pleb y. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:29 AM
Page 157
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Department of Commerce, Community, and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
July 27, 2020
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: tshassetz@kpb.us
jblankenship@kpb.us
micheleturner@kpb.us
sness@kpb.us
dhenry@kpb.us
License Number: 19372
License Type: Marijuana Product Manufacturing Facility
Licensee: Red Run Cannabis Cultivators, LLC
Doing Business As: RED RUN CANNABIS CULTIVATORS, LLC
Physical Address: 12516 Kenai Spur Hwy
Suite A
Kenai, AK 99611
Designated Licensee: Marc Theiler
Phone Number: 907-953-9453
Email Address: marc@kenaiattorney.com
☒ License Renewal Application ☐ Endorsement Renewal Application
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306.035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for
a marijuana establishment license unless the board finds that a protest by a local government is
arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC
306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the
Marijuana Control Board may approve the license renewal, but require the applicant to show to the
board’s satisfaction that the requirements of the local government have been met before the director
issues the license.
Page 162
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to
approve renewal applications with no protests, objections, or notices of violation. However, if a timely
protest or objection is filed for this application, or if any notices of violation have been issued for this
license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.localgovernmentonly@alaska.gov.
Sincerely,
Glen Klinkhart, Interim Director
Page 163
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jacquelyn LaPlante 7/28/2020 5:27:50 PM (Form Submission)
Approve by Wilma Anderson 7/31/2020 10:06:12 AM (Lands Review)
Red Run Cannabis Company, LLC is in compliance with the conditions of the Conditional Use Permit
granted for a Marijuana Product Manufacturing Facility.
Th e task was assign ed to Wilma An derson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Jeremy Hamilton 8/11/2020 6:35:38 PM (Fire Marshall Review)
Inspected 8-11-20
Th e task was assign ed to Jeremy Hamilton. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Michael Wesson 8/3/2020 9:24:16 AM (Building Official Review)
Th e task was assign ed to Michael Wesson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Jacquelyn LaPlante 7/29/2020 5:19:24 PM (Police Department Review)
Approve per Dave Ross
Th e task was assign ed to Jacq uelyn LaPl ante. The d ue d ate is: Au gust 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Tina Williamson 8/3/2020 10:28:52 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi lliamson. Th e du e date is: Augu st 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Cindy Herr 7/28/2020 5:44:30 PM (Legal Asst Review)
No outstanding citations or restitution owed.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: Au gust 6, 2020 5:00 PM
7/28/2020 5:27 PM
Approve by Terry Eubank 8/3/2020 11:25:12 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:28 AM
Approve by Scott Bloom 8/3/2020 11:38:38 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:28 AM
Approve by Elizabeth Appleby 8/3/2020 4:42:17 PM (P&Z Department Review)
Th e task was assign ed to El izab eth Ap pleb y. Th e du e date is: Augu st 12, 2020 5:00 PM
8/3/2020 10:28 AM
Page 164
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Page 172
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3155-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS
CAPITAL PROJECT FUND AND ACCEPTING A GRANT FROM THE FEDERAL AVIATION
ADMINISTRATION FOR PHASE ONE CONSTRUCTION OF A NEW SAND STORAGE
FACILITY.
WHEREAS, On August 10, 2020 a formal Invitation to Bid was released in coordination with the
Federal Aviation Administration for the construction of a new 5600sf Sand Storage Facility for the
Kenai Municipal Airport, with Bids due on August 31, 2020; and,
WHEREAS, The City received the following bids with __________ being determined to be the
lowest responsive and responsible bidder
Contractor Phase 1 Bid Phase 2 Bid Total Bid
; and,
WHEREAS, the Project is being awarded in two phases, with Phase 1 consisting of site civil work
which is anticipated to take place in the Fall of 2020. Phase 2 consists of the complete building
package and all other work anticipated for a Spring 2021 start and Fall 2021 completion; and,
WHEREAS, the phasing is intended to provide the City with the largest funding available from the
Federal Aviation Administration (FAA), with CARES Act funds anticipated to cover the City’s
6.25% share of Phase 1 costs, and Airport Entitlements for 2020 covering the remaining costs;
and,
WHEREAS, Phase 2 will be awarded under a separate Ordinance in early 2021 in anticipation of
receiving an FAA grant for the remaining costs using the Airport entitlements for 2021 and if
necessary, FAA discretionary funds with the City’s share being 6.25% unless there are CARES
Act funds remaining, whereby there would not be a City match required; and,
WHEREAS, Council should anticipate the City needing to fund Phase 2 initially to allow the
building package to be ordered in time for a summer installation, with an FAA grant anticipated
for May 2021 where the City will be reimbursed; and,
Page 173
Ordinance No. 3155-2020
Page 2 of 3
WHEREAS, failure to forward fund the project will likely result in the construction carrying into
next winter and would increase overall construction costs; and,
WHEREAS, the Federal Aviation Administration (FAA) and City Staff are in agreement that this
path is the most beneficial to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation
Administration in the amount of $_____________ for the Construction of the new Sand Storage
Building.
Section 2. The City Manager is authorized to award a construction contract for Phase 1 of
construction of a new sand storage facility to _____________________ in the amount of
$____________________ and issue a Purchase Order to ____________________ in the
amount of $________________ which includes contingency funds for the processing of change
orders.
Section 3. The City Manager is authorized to amend HDL Engineering’s Design Agreement
to include Construction Administrative (CA) Services in the amount of $__________________.
Section 4. That the estimated revenues and appropriations be increased as follows:
Airport Improvement Capital Project Fund:
Increase Estimated Revenues –
FAA Grant $XXX,XXX
Increase Appropriations:
Construction $XXX,XXX
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.
Section 6. 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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Page 174
Ordinance No. 3155-2020
Page 2 of 3
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 175
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 11, 2020
SUBJECT: Ordinance 3155-2020
The purpose of this memo is to request support for the Kenai Municipal Airport Sand Storage
Building. Staff, in coordination with the Federal Aviation Administration (FAA), has been
developing the project. HDL Engineering completed design documents on August 7, 2020. The
project was formally released for Bids on August 10, 2020 with bids due on August 31, 2020.
The project will be developed in two phases to allow the City the greatest opportunity to take
advantage of federal grants. Phase 1 is anticipated to take place this fall and will cover Site Civil
work. The grant will cover all of the FAAs normal share, and CARES Act funds are anticipated to
cover the City’s normal share of 6.25%.
Phase 2 will begin early 2021, and will be awarded under a separate future Ordinance. It will be
funded by the Airport’s annual entitlements and possibly discretionary funds through the FAA and
is anticipated for the City to short term finance the work until the grant can be issued likely in May
2021. The structural steel and insulated wall and roof panels will need to be ordered in March
2021 to make sure they arrive in Alaska in time for the summer construction season.
Phase 2 will likely require the usual grant matching funds, with the FAA contributing 93.75% and
the City share being 6.25% of construction costs however, if there are remaining CARES Act
funds, there would be no match requirement of the City. The funds to cover the start of Phase 2
shall be taken from the Airport Special Revenue Fund and will be reimbursed upon receipt of
grant.
This project is the number one priority for the Airport from the Capital Improvement Plan.
Completion of the facility will allow the airport to store all of their required sand for the runway
under roof in a conditioned space, which will allow their sanding operations to proceed more
efficiently, reducing wear and tear on equipment from breaking into frozen sand piles that would
otherwise be stored outdoors.
Council should anticipate an amendment memo being provided prior to the September 2, 2020
council meeting to fill in the blanks associated with the current Ordinance.
Council’s support of this Ordinance is respectfully requested.
Page 176
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3156-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER SPECIAL
REVENUE AND WATER AND SEWER IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AWARDING A CONSTRUCTION AGREEMENT FOR IMPROVEMENTS TO THE WASTING
ACTIVATED SLUDGE PUMPS AT THE WASTE WATER TREATMENT PLANT.
WHEREAS, the Waste Water Treatment Plant continues to make improvements to aging and
failing pieces of equipment; and,
WHEREAS, Staff has determined the process of Wasting Activated Sludge (WAS) pumping is
quickly becoming our highest priority concern due to failing equipment; and,
WHEREAS, replacement of these pumps was anticipated to be under $35K initially and was not
included as a Capital Project within the current Capital Plan as a result; and,
WHEREAS, MBA Consulting contracted to provide construction documents, and a formal
Invitation to Bid was released on August 14, 2020 with Bids due on August 28, 2020; and,
WHEREAS, the City received the following bids with ________________ determined to be the
lowest responsive and responsible bidder
Contractor Bid
; and,
WHEREAS, award to ______________ is in the best interest of the City and will allow the Waste
Water Treatment Plant to continue to meet all requirements of our Alaska Pollutant Discharge
Elimination System (APDES) permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to award a construction contract to
_____________________ in the amount of $____________________ and issue a Purchase
Order to ____________________ in the amount of $________________ which includes
contingency funds for the processing of change orders.
Page 177
Ordinance No. 3156-2020
Page 2 of 2
Section 2. The City Manager is authorized to issue a Purchase Order to MBA Consulting
Engineers for Construction Administrative (CA) Services in the amount of $3,296 for a total design
agreement to date of $22,177.
Section 3. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $XX,XXX
Increase Appropriations:
Transfer to other funds $XX,XXX
Section 4. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Improvements Capital Project Fund:
Increase Estimated Revenues –
Transfer from other funds $XX,XXX
Increase Appropriations:
Construction $XX,XXX
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.
Section 6. 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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 178
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 11, 2020
SUBJECT: Ordinance 3156-2020
This memo requests support for the replacement of the Wasting Activated Sludge Pumps at the
Waste Water Treatment Plant. The pumps themselves have already been purchased and are on
site. This work will provide funds for the demolition of the existing pumps, associated piping,
controls and installation of the new pumps with new piping, controls, and concrete housekeeping
pads.
Additionally, this work will replace three severely rusted exterior doors, jambs and hardware for
the pump house building and adjacent clarifiers with new fiberglass doors and jambs with new
hardware. The close proximity to the salt water is particularly hard on metal surfaces and the
fiberglass will perform better over time.
Staff had originally hoped to complete this work with already approved operational funds, however
in speaking with contractors the scope of work has grown into costs that now exceed the threshold
for a Capital Project. The nature of this work is imperative to the operations of the plant. The
pumps being replaced are almost 40 years old, one is completely out of service, the second
requires daily intervention to run correctly, and we are currently using a recently purchased Honda
gas pump as an alternate means to maintain operations.
Completion of this project will restore appropriate redundancy to another integral part of the plant’s
operations. It is also anticipated that the newer and more efficient pumps will provide additional
energy savings.
Council should anticipate an amendment memo prior to the September 2, 2020 council meeting
to fill in the blanks in the current Ordinance.
Council’s support of this Ordinance is respectfully requested.
Page 179
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Molloy
CITY OF KENAI
ORDINANCE NO. 3157-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 1.85.010 – REPORT OF FINANCIAL AND BUSINESS
INTERESTS, TO ALLOW FOR CERTIFICATION BY MUNICIPAL OFFICERS THAT A
PREVIOUSLY FILED STATEMENT OF DISCLOSURE REMAINS ACCURATE AND
APPROVING AN ALTERNATE CERTIFICATION.
WHEREAS, Kenai Municipal Code 1.85 requires that certain elected and appointed officials
complete financial disclosure forms annually; and,
WHEREAS, for some, financial information does not change annually; and,
WHEREAS, the ability to certify that a previously filed statement remains accurate would provide
the same level of disclosure and eliminate the sometimes burdensome requirement to complete
the form in its entirety on an annual basis.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amending Section 1.85.010 – Report of financial and business interests of the
Kenai Municipal Code: That Kenai Municipal Code, Section 1.85.010 – Report of financial and
business interests is hereby amended as follows:
1.85.010 Report of financial and business interests.
(a) A candidate for elective municipal office shall file a statement under oath with the City Clerk,
at the time of filing a nominating petition and declaration of candidacy, specifying his or her
business interests and income sources.
(b) Each municipal officer shall file a statement under oath with the City Clerk, within thirty (30)
days after appointment to office specifying his or her business interests and income sources.
(c) Each municipal officer file a similar statement of income sources and business interests or
shall certify a previously filed statement remains true, correct, and complete with the City Clerk
not later than April 15th of each year that he or she holds office.
Section 2. That the attached certification form is hereby approved.
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
Page 180
Ordinance No. 3157-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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 enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: August 19, 2020, 2020
Enacted: September 2, 2020
Effective: October 2, 2020
Page 181
CITY OF KENAI
2021 PUBLIC OFFICIAL FINANCIAL
DISCLOSURE STATEMENT
CERTIFICATION
Where to obtain copies of previous Statements for attachment and file this Certification:
Kenai City Clerk
210 Fidalgo Avenue
Kenai, AK 99611
Telephone: (907) 283-8231
Fax: (907) 283-5068
I certify under penalty of perjury the information previously provided in the Statement attached
hereto is up to date and, to the best of my knowledge, true, correct and complete and shall serve
as my Statement covering the period between January 1, 2020 and December 31, 2020. A
person who makes a false sworn certification which he or she does not believe to be true is guilty
of perjury.
______________________________________________ ______________________________
SIGNATURE DATE
______________________________________________ ______________________________
Printed Name of Filer Place
Page 182
Page 183
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3158-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT
RECOVERY FUND AND ACCEPTING A CARES ACT GRANT PASSED THROUGH THE KENAI
PENINSULA BOROUGH.
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020, and other positive diagnoses have since occurred on the Kenai Peninsula; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020, and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 18, 2020, the City Manager declared a local disaster emergency that was
extended the same day by the City Council; and,
WHEREAS, on March 24, 2020, the City Council enacted Ordinance 3115-2020 granting the City
Manager City certain emergency powers; and,
WHEREAS, on April 9, 2020 President Donald J. Trump approved a Disaster Declaration for the
State of Alaska; and,
WHEREAS, the State of Alaska’s distribution of $568,572,886 to local governments included
$37,458,449 to the Kenai Peninsula Borough of which $24,199,101 was based on Borough sales
tax collected boroughwide; and,
WHEREAS, approximately 67% of Borough sales tax revenue is collected by business located
inside the six incorporated City of the Borough, Kenai, Soldotna, Seldovia, Seward, Homer and
Kachemak City; and,
WHEREAS, because the Borough lacks area-wide economic development powers it has elected
to pass $8,134,023 of its state allocation to the incorporated City’s including $2,675,524.94 to the
City of Kenai; and,
WHEREAS, acceptance of these pass through funds is in the best interest of the City, its business
and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
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Ordinance No.3158-2020
Page 2 of 3
_____________________________________________________________________________________
Section 1. That the City Manager is authorized to accept a grant in the amount of
$2,675,524.94 from the Federal Government passed through the Kenai Peninsula Borough for
expenditures in response to and recovery from the COVID-19 Public Health Emergency.
Section 2. That the City Manager is authorized to execute grant agreements to accept these
funds.
Section 3. That the estimated revenues and appropriations be increased as follows:
COVID-19 Cares Act Recovery Fund:
Increase Estimated Revenues –
Federal Grants $2,675,524.94
Increase Appropriations –
First Responder & Incident Management Team Payroll -
General Contingency $X,XXX,XXX.XX
Business and Not-for-Profit Entity Recovery Grants -
General Contingency X,XXX,XXX.XX
CARES Act Administration & Non-Payroll Expenditures -
General Contingency X,XXX,XXX.XX
Individual Assistance Grants -
General Contingency X,XXX,XXX.XX
City Resiliency and Recovery
General Contingency X,XXX,XXX.XX
$2,675,524.94
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Page 185
Ordinance No.3158-2020
Page 2 of 3
_____________________________________________________________________________________
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 186
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank
DATE: August 12, 2020
SUBJECT: Introduction of Ordinance 3158-2020
The purpose of this memo is to recommend introduction of Ordinance 3158-2020. At its August
11, 2020 special meeting the Kenai Peninsula Borough authorized CARES Act pass-through
grants to the incorporated cities of the Borough totaling $8,134,022.88 including $2,675,524.94
to the City of Kenai.
Ordinance 3158-2020 will authorize acceptance of the pass-through grant and appropriate the
funds to assist in response to and recovery from the COVID-19 public health emergency. It is
the intent of the administration to prepare a recommendation for the allocation and use of funds
prior to adoption at the September 2, 2020 Council meeting.
Your support for introduction is respectfully requested.
Page 187
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3159-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A MUNICIPAL ARTS & CULTURE MATCHING GRANT FROM THE
RASMUSON FOUNDATION IN THE COVID-19 CARES ACT RECOVERY FUND.
WHEREAS, the City applied for and received a $50,000 Municipal Arts & Culture Matching Grant
from the Rasmuson Foundation; and,
WHEREAS, the Municipal Arts & Culture Matching Grant Program was designed to increase
municipal allocation of Alaska’s CARES Act “Direct Municipal Relief” funds to arts and culture
organizations; and,
WHEREAS, the City issued five CARES Act grants to local not for profit, arts and culture
organizations including the Kenai Historical Society, the Kenai Peninsula Orchestra, the Kenai
Performers, the Performing Arts Society, and the Peninsula Arts Guild; and,
WHEREAS, providing supplemental funding in the amount of $10,000 to each of these
organizations utilizing grant funds received from the Rasmuson Foundation is in the best interest
of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $50,000
from the Rasmuson Foundation and to expend the funds in accordance with grant provisions and
this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
COVID19 CARES Act Recovery Fund:
Increase Estimated Revenues –
Other Grants $50,000
Increase Appropriations – Business and Not-for-Profit Recovery Grants
Grants $50,000
Section 3. That the City Manager is authorized to execute a grant agreement and to expend
the funds pursuant to that agreement and this ordinance.
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
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Ordinance No. 3159-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 189
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 13, 2020
SUBJECT: Ordinance 3159-2020 – Rasmuson Foundation Arts and Culture Grant
The City applied for and received a $50,000 Municipal Arts & Culture Matching Grant from the
Rasmuson Foundation to support local arts and culture organizations. The Municipal Arts &
Culture Matching Grant Program was designed to match municipal allocation of CARES Act
funding to arts and culture organizations that received federal CARES Act funding through
municipalities.
The City issued five CARES Act grants to local nonprofit arts and culture organizations that
applied for grants through the City’s First Relief and Recovery Grant Program Period. The
application period was open for two weeks, June 5, 2020 to June 19, 2020 and re-opened from
July 10, 2020 to July 17, 2020 and was open to nonprofits that provide services to residents of
the City. The arts and culture organizations that received funds under the program and are eligible
for the additional funding are the Kenai Historical Society, the Kenai Peninsula Orchestra, the
Kenai Performers, the Performing Arts Society, and the Peninsula Arts Guild.
Ordinance 3159-2020 provides additional funding in the amount of $10,000 to each of these
organizations utilizing grant funds received from the Rasmuson Foundation and will allow the City
to distribute the funds.
Your consideration is appreciated.
Page 190
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: August 14, 2020
SUBJECT: Action/Approval - Lease Application Extension to SOAR International
Ministries Inc. for the undeveloped portion of Tract A, GAA No. 2
City Council approved of a 45-year lease application from SOAR International Ministries, Inc. with
Resolution No. 2019-57 for the undeveloped portion of Tract A, General Aviation Apron (GAA)
No. 2. The lease application from SOAR denoted plans to construct an approximately 120 foot x
180 foot hangar for aircraft storage and maintenance. There will also be a connecting office facility
of approximately 100-foot x 110-foot, an aircraft ramp and tie-down area, and parking. The parcel
is 5.25 acres fronting the aviation apron with street frontages on North Willow and Granite Point
streets. SOAR proposes to build on the portion of the lot that is currently treed and needs to
subdivide the lot prior to construction as shown on the attached map. SOAR has hired a surveyor
to complete the subdivision. The plat was recommended for approval by the City of Kenai’s
Planning and Zoning Commission with Resolution PZ2020-06 on April 8, 2020. The plat was
granted preliminary approval by the Kenai Peninsula Borough on May 26, 2020. SOAR is working
with the surveyor to finalize the plat.
Kenai Municipal Code 21.10.050 No right of occupancy-Application expiration states that an
application will expire after twelve months if the City and the applicant have not entered into a
lease, unless the City Council for good cause grants an extension for a period not to exceed six
months. SOAR has submitted a letter requesting a six-month extension due to delays with the
COVID-19 public health emergency. Administration recommends approval of the extension given
SOAR’s significant progress on the subdivision and feasibility study prior to delays from the
COVID-19 public health emergency. If Council approves, SOAR’s application expiration date
would be moved to February 21, 2020.
The Airport Commission recommended approval of the lease application extension by City
Council during their meeting on August 13, 2020. Thank you for your consideration.
Attachment:
Letter dated July 31, 2020 from SOAR International Ministries requesting a six-month lease
application extension
Page 191
GR
A
N
I
T
E
P
O
I
N
T
S
T N WILLOW STGRANITE POINT CT.
90 '
Date: 4/3/2020
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
1 inch equals 110 feet
General Aviation #2
Tract A
Parcel No:
04324025
Legend
Existing Lot Line
Approximate
New Lot Line
Page 192
Page 193
KENAI COUNCIL ON AGING
REGULAR MEETING
AUGUST 13, 2020 – 4:30 P.M.
KENAI SENIOR CENTER, VIRTUALLY
CHAIR DON ERWIN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Erwin called the meeting to order at 4:32 p.m.
a. Pledge of Allegiance
Chair Erwin led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Members Present: D. Erwin, R. Williams, V. Geller, A. Weeks, B. Modigh, M.
Milewski, L. Nelson, C. Thornton, S. Bise
Members Absent:
None.
Staff/Council Liaison Present: Senior Center Director K. Romain, City Clerk J. Heinz, and Council
Member J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Member Thornton MOVED for approval of the agenda and Member Milewski SECONDED the
motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per
speaker) – None.
3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes
per speaker; thirty (30) minutes aggregated) – None.
4. APPROVAL OF MEETING SUMMARY
a. May 14, 2020
MOTION:
Member Weeks MOVED to approve the May 14, 2020 meeting summary as written and Member
Thornton SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
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Council on Aging Meeting Page 2 of 3
August 13, 2020
6. NEW BUSINESS
a. Discussion – State of Alaska Reopening Guidelines for Senior Centers
Director Romain noted the document for congregate guidance provided in the packet, adding that
the State provided the documents in June; however, no Senior Center in the state was open as
of this date. She reviewed the document noting what the Senior Center could and could not
provide, and what protocols would need to be in place. Ms. Romain added that she was going to
be preparing a phased plan for opening and would be bringing the plan back to the Council on
Aging at the September meeting for review and recommendation.
It was asked that a list of activities that could be conducted be provided in the plan.
Staffing and funding was discussed.
7. REPORTS
a. Senior Center Director – Romain reported the following:
• Current staffing;
• Building and maintenance projects being completed while the center is empty;
• A CARES Act grant being provided by the Kenai Peninsula Borough and
doors being installed with the grant;
• Doors being installed to the dining room and the reception desk being moved
to keep control of wandering in the building;
• A new vehicle being acquired;
• Developing a phone buddy program for those who are interested.
b. Council on Aging Chair – Chair Erwin noted the Senior Center crew was doing a
wonderful job during the pandemic.
c. City Council Liaison – Glendening reviewed the Action Agenda for the Council’s
previous meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 10, 2020
9. COUNCIL MEMBERS COMMENTS AND QUESTIONS
Council Member Williams virtual doesn’t come close to being together; grateful for the meals and
how they are cared for at Vintage Pointe.
Council Member Thornton noted they were thoroughly delighted with the work and what is being
provided by the Senior Center.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
MOTION:
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Council on Aging Meeting Page 3 of 3
August 13, 2020
Member Geller MOVED for adjournment and Member Milewski SECONDED the motion. There
were no objections; SO ORDERED.
There being no further business, the Council on Aging meeting adjourned at 5:28 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
City Clerk
Page 196
KENAI AIRPORT COMMISSION
REGULAR MEETING
AUGUST 13, 2020 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, K. Dodge, D. Leichliter, J. Bielefeld, P. Minelga,
J. Zirul, D. Pitts
Staff/Council Liaison Present: Airport Manager M. Bondurant, City Planner E. Appleby,
Deputy City Clerk J. LaPlante
A quorum was present.
[Clerk’s Note: Commissioner Zirul joined the meeting at 6:02 PM]
c. Agenda Approval
MOTION:
Commissioner Bielefeld MOVED to approve the agenda and Commissioner Dodge SECONDED
the motion. There were no objections; SO ORDERED.
[Clerk’s Note: Commissioner Pitts joined the meeting at 6:03 PM]
2. SCHEDULED PUBLIC COMMENT – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. June 11, 2020
MOTION:
Commissioner Dodge MOVED to approve the meeting summary of June 11, 2020 and
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Airport Commission Meeting Page 2 of 3
August 13, 2020
Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
b. July 9, 2020
Corrections were noted for the Commissioner Comments and Questions section of the July 9
meeting summary.
MOTION:
Commissioner Dodge MOVED to approve the meeting summary of July 9, 2020 with revisions
and Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion/Recommendation – Lease Execution, and Approving a Lease
Execution Extension to May 31, 2021 to Schilling Rentals, LLC for Lot 5A, Block 1,
FBO Subdivision 2018 Replat
MOTION:
Commissioner Minelga MOVED to recommend Council approve a lease execution with Schilling
Rentals, LLC and extension to May 31, 2020 and Commissioner Bielefeld SECONDED the
motion. There were no objections; SO ORDERED.
b. Discussion/Recommendation – Six-Month Extension Request from SOAR
International Ministries, Inc. for Lease Application Expiration for the Underdeveloped
Portion of Tract A, General Aviation Apron No. 2.
MOTION:
Commissioner Bielefeld MOVED to recommend Council approve a Six-Month extension request
from SOAR International Ministries, Inc. as presented and Commissioner Leichliter SECONDED
the motion. There were no objections; SO ORDERED.
c. Discussion/Recommendation –– Application for a Forty-Five (45) Year Lease of
City-owned Land Within the Airport Reserve described as Lot 5, FBO Subdivision No.
8 located at 525 N. Willow Street. The application was submitted by Alaska Air Fuel,
Inc., 3700 W. Aviation Ave., Wasilla, AK 99654
It was noted a laydown was provided with corrected maps.
MOTION:
Commissioner Minelga MOVED to recommend Council approve the application by Alaska Air
Fuel, Inc. for a Forty-Five (45) Year Lease of City-owned Land Within the Airport Reserve and
Commissioner Bielefeld SECONDED the motion. There were no objections; SO ORDERED.
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Airport Commission Meeting Page 3 of 3
August 13, 2020
7. REPORTS
a. Airport Manager – Bondurant reported on the following:
• The Kenai Airport Terminal Rehabilitation project was in the final stage;
• The Fire Training Facility should be complete this month;
• Bids for sand storage building due on August 21;
• Ravn airlines plans to operate as soon as possible, looking to operate 7 days
a week beginning in September;
• She is currently working on the Storm W ater Prevention Plan;
• A new public lands and parks display in the Airport; and
• The Float Plane basin fuel now capable of accepting commercial fleet cards.
b. City Council Liaison – No report.
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 10, 2020
9. COMMISSIONER COMMENTS AND QUESTIONS – None.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS
a. July 2020 Mid-Month Report
b. July 2020 Float Plane Basin Report
c.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:25 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 199
KENAI PARKS & RECREATION COMMISSION
AUGUST 6, 2020 – 6:00 PM
KENAI CITY COUNCIL CHAMBERS
VICE-CHAIR GRANT WISNIEWSKI, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Vice Chair Wisniewski called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Vice Chair Wisniewski led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners present: S. Kisena, J. Dennis, M. Bernard, T. Winger, T. Wisniewski
Commissioners absent: C. Stephens, J. Joanis, R. Tomrdle
Staff/Council Liaison present: Parks & Rec Director B. Frates, Deputy City Clerk J.
LaPlante, Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Bernard MOVED to approve the agenda as presented and Commissioner Winger
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. May 7, 2020
MOTION:
Commissioner Bernard MOVED to approve the meeting summary of May 7, 2020 and
Commissioner Winger SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – Kenai River Marathon
The Parks and Recreation Director noted the City of Kenai in conjunction with the Kenai Chamber
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Parks and Recreation Commission Meeting Page 2 of 3
August 6, 2020
of Commerce were putting on the Kenai River Marathon this year, scheduled for Sunday,
September 27. So far there were 43 – 50 runners registered and it was the intent to utilize the
previously certified route for the marathon, although it was not likely a Boston Qualifier with the
recent changes to the bike path. Measures were being discussed to mitigate or lessen COVID-19
risks, including limiting the number of supporters specifically located at the water station, only
water would be available on the table, and options were being evaluated of a staggered start or
wearing masks at the start of the race, seeking ideas to make it safer. Support by Commission
members was expressed of a staggered start.
It was noted there was a high need for planning committee members or if anyone was interested
in participating at any scale, contact the Parks and Recreation Department.
b. Action/Approval – Ratify the Commission’s Decision Regarding Future In-Person
and/or Virtual Meetings.
MOTION:
Commissioner Winger MOVED to approve the transition to in-person and Zoom virtual hybrid
meetings and Commissioner Dennis SECONDED the motion. There were no objections; SO
ORDERED.
7. REPORTS
a. Parks and Recreation Director – Director Frates reported there were limited
summer hires this year but it was impressive on how much had been accomplished
this summer; noted the employee spotlight in the department newsletter recognizing
outstanding employees; and recognized the Department Admin Assistant for the hard
work in development of this year’s flower guide. He further reported that the Silver
Salmon Derby was scheduled for September 15th – 20th; over 25 trees were safely
removed from the Kenai cemetery; RCIA (Recreation and Cultural Interests Area)
signs would be installed soon near the intersection of Old Town Kenai; and a joint
Beautification Committee and Parks and Recreation Commission work session was
being scheduled for August 13 to tour the Kenai Gardens.
a. Commission Chair – None.
b. City Council Liaison – Council Member Molloy reported on the recent actions of the
August 5 City Council meeting, including naming of the City of Kenai’s Wildlife
Viewing Platform, an update on the Beaver Loop pedestrian pathway, and the City
Manager’s report of COVID-19 on the Kenai Peninsula.
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 3, 2020
9. COMMISSION QUESTIONS & COMMENTS – None.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION
a. Department Newsletter – “Kenai Breeze”
b. Beautification Brochure 2020
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Parks and Recreation Commission Meeting Page 3 of 3
August 6, 2020
c. Kenai Park & Trail Guide
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 6:40 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 202
August 11, 2020
Re: 202 Evergreen Project Update
Below is a quick update on the project located at 202 Evergreen Street.
A building permit was issued September 4, 2018 for the conversion of an existing
apartment building to be changed into a multi-use facility for the following uses.
U (Utility) – Agricultural Buildings
R-3 (Residential) Single Family Residence
During a recent site visit, it was observed that Mr. Lee is proceeding with the project as
permitted by the City of Kenai. Roof trusses have been installed and sheathed on the
south end of the building. Exterior sheathing and siding has been painted. Refer to photos
below.
Page 203
Page 2 of 3
Page 204
Page 3 of 3
After discussions with Mr. Lee, he is going to request that his building permit be
extended. It is the intention of the Building Department to work with him and extend the
permit for the duration of one year since he is making progress on the project. The City
of Kenai has a long history of allowing citizens to extend their permits when necessary
and we want to be consistent.
Michael Wesson
Building Official
Page 205
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: August 5, 2020
SUBJECT: July 2020 Monthly Report
This month the Kenai Animal Shelter took in 40 animals. Animal intake and disposition:
DOGS:
INTAKE 23 DISPOSITION 16
Waiver 5 Adopted 6
Stray 9 Euthanized 1
Impound 0 Claimed 8
Protective Custody 0 Field Release 0
Quarantine 3 Transferred 1
Other Intakes 6 Other Dispositions 0
CATS:
INTAKE 15 DISPOSITION 17
Waiver 9 Adopted 11
Stray 4 Euthanized 0
Impound 0 Claimed 2
Protective Custody 0 Field Release 0
Quarantine 0 Transferred 4
Other Intakes 2 Other Dispositions 0
Page 206
Page 2 of 2
3 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
20 Animals are known borough animals
42 Animals are known City of Kenai
6 Animals are known City of Soldotna
2 Animals from unknown location
56 Field Investigations & patrols
0 Volunteer Hours Logged
1 Citations
0 Educational Outreach
Statistical Data:
469 2018 YTD Intakes
505 2019 YTD Intakes
454 2020 YTD Intakes
OTHER ANIMALS:
INTAKE 2 DISPOSITION 2
Bird 2 Bird 2
Rabbit 0 Rabbit 0
Chicken 0 Chicken 0
DOA: 9 OTHER STATISTICS:
Dog 7 Licenses (City of Kenai Dog Licenses) 16
Cat 2 Microchips (Dog and Cat) 16
Page 207
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: August 10, 2020
SUBJECT: Airport Mid-Month Report August 2020
2018 Terminal Rehabilitation Project – Construction: The project is in the final stages of
completion; signage, seating, boiler replacement, and tank removal.
2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks
(ARFF) – The contractor will be back on-site the end of August to complete the project. The two
ARFF vehicles are on-order with OSHKOSH.
2020 Acquire SRE (Loader) – The Office of the Secretary of Transportation has given grant
authority and the FAA is working on the grant offer for the City.
2020 Sand/SRE Storage Building – This project will be advertised starting on August 10, 2020 for
three weeks with a bid opening on August 31, 2020. A grant application was submitted to the
FAA on August 7, 2020.
2020 Land Acquisition – A grant application was submitted to the FAA on July 20, 2020 and the
City is waiting for the grant offer to complete this acquisition.
In-house Activities:
RAVN Shutdown – City Administration met via ZOOM with Float Shuttle representatives on
August 4, 2020. A final sale hearing was held on August 4, 2020 with closing on Friday, August
7th. Float Shuttle will operate as Corvus Airlines, Inc. d/b/a RAVN Alaska. They are waiting for
FAA and DOT approval to start scheduled service around the second week of September.
100 Years of Flight Service – WILL BE A VIRTUAL CELEBRATION. The event is scheduled for
August 20, 2020, with the Vice-President for Systems Operations Mike Artist and the Director for
Flight Service Steve Villanueva scheduled along with other dignitaries to celebrate 100 years of
Flight Service Stations.
Kenai Airport Storm Water Pollution Prevention Plan Update – The Airport is required to update
the existing facility-wide Storm Water Pollution Prevention Plan (SWPPP) to meet the
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Airport Mid-Month Report
Page 2 of 2
requirements of the Alaska Department of Environmental Conservation’s 2020 Multi Sector
General Permit for Stormwater Discharges associated with Industrial Activity. HDL will
subcontract to Nelson Engineering, Inc. for the preparation of the SWPPP update. A storm water
survey has been sent to airport tenants. Once the surveys have been completed and returned
the current SWPPP will be updated and a new NOI will be submitted by the September 30, 2020
deadline.
Interagency Public Lands Display – The new display was installed over the July 31, 2020
weekend. The exhibit is larger and really eye-catching! The project theme and vision was to
provide information on the recreation opportunities on the State and Federal public lands of the
Kenai Peninsula and western Cook Inlet. The project murals span over 78 linear feet at the north
end of the terminal building with over 50 high quality wildlife and nature photos worked into the
design. The total project budget was $35,000.
Thank you to all the partners: City of Kenai, Kenai Municipal Airport, Kenai National Wildlife
Refuge–U.S. Fish and Wildlife Service, Alaska State Parks-Kenai and Prince William Sound
District, Alaska Fish and Game-Lands and Refuge Program, Katmai National Park and Preserve
–National Park Service, Lake Clark National Park and Preserve-National Park Service, Kenai
Fjords National Park Service-National Park Service, and the Chugach National Forest-U.S. Forest
Service. Special acknowledgements to the many Alaska Native people and the culture of the
region.
.
Page 209
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: August 13, 2020
SUBJECT: Finance Department, August 2020 Mid-month Report
The department completed its part of the 2020 Personal Use Fishery management and is working
toward completion of the annual report on the fishery. Fishery revenue was $524,387 which was
120.25% of the FY2021 budgeted amount of $436,075. Total expenditures are still being
compiled and a full financial analysis will be part of the annual report.
The project to install cameras at the historic cabin site in Old Town Kenai is underway and should
be completed in the next 60 to 90 days. The project involves IT, public works and the planning
department.
The FY2021 City Budget has been submitted to the Government Finance Officers Association of
the United States and Canada for review in anticipation of receiving its Distinguished Budget
Presentation Award. Review will likely take several months.
With the end of FY2020, the department’s focus has switched to closing of that year’s books and
completion of the City’s Comprehensive Annual Financial Report. This process includes closing
of the FY20 financial records, fiscal year end grant reporting, completion of the annual Audit and
finally financial statement preparation. The annual audit is scheduled for the week of October 5th.
Today I was appointed as treasurer for the Alaska Municipal League Joint Insurance Arrangement
(AMLJIA). This appointment will provide me an opportunity to become involved at the policy level
of the City’s new insurer. As a board member of the City’s previous insurer I found the experience
very valuable to the City and myself personally. I expect the same experience with the AMLJIA
and would like to express my gratitude to the City and City Manager for affording me the
opportunity.
Page 210
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: Aug 7, 2020
SUBJECT: Fire Department Mid-Month Report - July
We made it through dip net season without too many calls to the river or beaches. We have
identified a few things to change for next season that will improve responses to incidents on the
river, as well as on the beaches. That being said, here are our numbers for the month of July.
Year 2019 2020 % change
July total 140 120 -14.3%
EMS 92 87 -5.4%
All Other 48 33 -31.3%
Year total 921 787 -14.5%
Covid 19 1 Suspected
Dipnet fishery 6 15 38 calls were not logged as yes or no
Mac Lee started on the 13th and we are now back up to full staff. We are focused on getting our
newest members trained on our expanded scope medical training and have been working closely
with Dr. Warix on accomplishing this. All 3 individuals (Luecker, Voss, Oden) that tested with the
State of Alaska for their Fire Officer I, have successfully passed their exams and are now
nationally certified.
2 utility trucks have been ordered from Kendal Ford and are scheduled to be delivered to Alaska
at the beginning of November. We worked with AST dispatch and CES to build automated run
data and are currently planning on going live with our new Station Alerting program on the 17th of
August.
Page 211
MEMORANDUM
TO: Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe
DATE: August 6, 2020
SUBJECT: Library Mid-Month Report July 2020
The Kenai Community Library reopened to the public on June 22, 2020 with reduced building
capacity and Grab & Go services. We are also offering curbside pickup services during this
ongoing public health emergency. For more information on all the services we provide, please
visit our website at https://www.kenai.city/library.
July 2020 at a Glance
Checkouts Jul-19 Jul-20 2020 YTD
Physical 8,300 4,193 29,545
Digital 1,620 1,404 9,547
Visits
Number of Visitors 8,205 2,163 16,438
New Library Cards 67 23 156
Room Use 179 n/a 396
Programs
Number of Programs 52 18 157
Program Attendance 508 n/a n/a
Volunteer Hours 115 n/a 105
Technology Sessions
Computer Sessions 931 382 2,259
iPad Sessions 140 n/a 203
WiFi Sessions n/a 2,904 9,851
Early Literacy Station Sessions 460 n/a 786
Page 212
Page 2 of 3
July 2020 programming highlights
• All in-person programs canceled in July 2020
• We continued our virtual classroom programs on Facebook and YouTube (average of 4
programs per week)
o Weekly Lego® challenge
o Virtual story time
o DIY and STEAM programs
o Oil portrait demo
o Summer Reading Jr. Explorer Club
• We reached over 6,300 individuals on our social media platforms
July 2020 library services highlights
• Circulation nearly doubled from June 2020 to July 2020
• 2,904 Wi-Fi sessions by 502 unique users
o 6.92% increase of sessions from June 2020
• 23 new library cards issued
• Kenai library patrons continue to place holds on Soldotna library
items and vice versa
o We sent 211 items to Soldotna
o We received 92 items from Soldotna
• We distributed 288 meals in July via our Summer Food Service program.
Page 213
Page 3 of 3
FY 2020 highlights
Collection Maintenance FY 2020
Deselection of material from the collection is an ongoing process and an important part of
collection management to ensure that the Library’s materials are useful and accessible. Items
are regularly removed to keep the collection current, accurate, and appealing. Here is an
accounting of library materials sold, traded or otherwise disposed of in FY 2020.
• 3587 items were removed from the collection (about 4% of our total collection). The
average publication date of the items was 1979 (median = 1998).
• Approximately 93% of the items were books.
• Approximately 600 items were donated to the Kenai Senior Center to be taken to clients
while the stay-at-home order was in place.
• Approximately 393 items will be sold or recycled via a program called
SustainableShelves.
• Approximately 2,000 items are currently stored in the library and will be auctioned off,
donated or recycled responsibly.
• The rest of the items were disposed of due to severe damage or given to the Friends of
the Kenai Community Library for fundraising purposes.
Page 214
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: August 11, 2020
SUBJECT: Mid-month Report - July
Much of the focus and attention early in July centered on preparation for the personal use fishery.
Activities included staging the tractors and all-terrain vehicles, trimming vegetation along Meeks
Trail, installing fencing and signs, organizing shack supplies and training. From an operations
standpoint, the fishery went smoothly and the department didn’t encounter too many issues. Both
the Kenai Central High School Nordic Ski Booster Club and Salamatof Native Association
assisted keeping the beaches free of litter and debris.
Our Groundskeeper, Ashlyn, has done an excellent job this summer caring for and maintaining
the City’s flowers and landscaped areas. She has spent countless hours pruning and fertilizing
the many trees throughout town. Two crabapple trees were planted at the Airport Operations
Facility off Willow St. Ashlyn also completely refurbished the shrub bed surrounding the town
clock located at Leif Hansen Memorial Park.
Pavilion reservations are significantly down from previous summers and only six (6) reservations
were recorded in July.
Staff installed two Purple Heart signs along the Kenai Spur Highway earlier in July and the Old
Town Historic District have arrived and are scheduled to be installed once the line locates are
completed.
Two large July events were cancelled due to COVID-19, including 4th July parade and the Kenai
Softball Association’s annual Firecracker Tournament. Local league play for the adult softball
program concludes the week of August 10. Alliance Baseball and the Kenai Peninsula Soccer
Club concluded their season toward the end of July and Kenai Little League is currently operating
a fall program.
A total of 28 beetle-killed trees were removed from the cemetery and another three or four along
Ryan’s Creek Trail. The Public Works Department is currently removing beetle-kill trees in some
easement areas throughout town.
Page 215
MEMORANDUM
TO: Elizabeth Appleby, City Planner
FROM: Paul Ostrander, City Manager
DATE: August 11, 2020
SUBJECT: Planning and Zoning July 2020 Report
Planning and Zoning Commission Agenda Items and Resolutions
• Resolution PZ2020-18 - Preliminary Subdivision Plat of Eventyr Subdivision No. 3,
submitted by Edge Survey and Design LLC, P.O. Box 59, Kasilof, AK 99669, on behalf of
Molly E. Hannigan, 108 Linwood Lane, Kenai, AK 99611, and Christopher Etheridge, P.O.
Box 1406, Kenai, AK 99611
• Resolution PZ2020-19 - Preliminary Subdivision Plat of Oberts Pillars Subdivision
Donaghe Replat, submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK
99669, on behalf of Thomas Donaghe, 3305 Togiak St., Unit A, Kenai, AK 99611
Building Permit and Site Plan Reviews
Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The
Department conducted 3 Building Permit reviews in July 2020.
Code Enforcement
1 case was opened in July 2020 for Garbage.
2 cases were opened in July 2020 for Debris and Junk.
1 case was opened in July 2020 for an Abandoned Vehicle.
1 case was opened in July 2020 for Other Violation.
Lands
• Lease assignment from DeWayne Benton to Joel Caldwell
• Purchase of land within the Kenai Municipal Airport Runway Protection Zone approved
Page 216
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: August 10, 2020
SUBJECT: Police & Communications Department Activity – July 2020
Police handled 756 calls for service in July. Dispatch received 358 9-1-1 calls. Officers made 54
arrests. Traffic enforcement resulted in 132 traffic contacts and 38 traffic citations. There were
8 DUI arrests. Officers investigated 12 motor vehicle crashes. There were two collisions
involving moose. There were no collisions involving drugs or alcohol. The cancellation of the
July 4th parade alleviated the need for multiple officers to work the holiday for traffic control.
The KPD officer on the regional SERT team attended two days of training. One new officer was
hired and sent to the DPS Academy in Sitka to start his basic police academy. Officers did not
participate in other external training during the month of July. Various statewide trainings
continue to be cancelled or postponed due to Covid. The Department is working on conducting
needed and available training in an online capacity in the coming months.
The Department continues to see call volumes rise each month from a low of 450 in April to 756
in July. However, call volumes continue to be much lower than recent prior years. The drastic
shift in call volume comes in conjunction with the Covid-19 health emergency. Due to Covid
testing and/or symptoms, mulitple officers had to be put on leave for short durations, impacting
officer schedules. No officers have tested positive for Covid.
3822
1754
5063
1794
5323
19050
2000
4000
6000
Total Police Service Calls 911 Calls Received
2020(Jan 1 - Jul 31)2019(Jan 1 - Jul 31)2018(Jan 1 - Jul 31)
Page 217
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 2020
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• Terminal Building Rehabilitation Project – The project reached Substantial Completion on
March 27, 2020! Project is nearing closeout, final change orders are pending. Replacement
boilers were approved by the FAA on June 10, 2020 and have now arrived! Please also stop
by and check out the new Park Service graphics installed throughout the north end of terminal.
• Alaska Regional Fire Training Facility Building Rehabilitation Project – The project reached
Substantial Completion on June 2, 2020 and Fire Training is actively taking place. Staff will
be working with the FAA on project closeout over the next 60-90 days.
• Alaska Regional Fire Training Facility Equipment Rehabilitation Project - The project reached
Substantial Completion on March 13, 2020 and Fire Training is actively taking place. Staff
Page 218
Page 2 of 3
Public Works Mid-Month Report
will be working with the FAA on project closeout over the next 60-90 days. The contractor
has yet to return to Alaska to complete punch list, travel restrictions due to COVID has caused
some delay. The Contractor is scheduled to return to Kenai on August 28th and be on site for
several weeks through September training and intends to complete remaining punch list
items.
• Kenai Municipal Airport W heeled Loader Replacement – An Invitation to Bid was released on
May 20, 2020 with bids due on June 10, 2020. Two bids were received with Yukon Equipment,
Inc. providing the lowest responsive bid for 2020 Case model 621G and associated
attachments. Total cost of loader with all attachments as well as some minor administrative
costs equal $270,000. An FAA grant will be covering 100% of the costs.
• Kenai Municipal Airport Sand Storage Facility – The City executed a design agreement to
HDL Engineering on April 17, 2020 for a new Sand Storage Facility. On August 7, 2020 Final
Design Documents were received and a Formal Invitation to Bid was released on August 10th
with Bids due on August 31st, 2020. The building is 5600sf and consists of a large sand bay
capable of holding more than 1300cy of sand, as well as a parking bay for the new wheeled
loader and a sanding truck. Project remains on time and within anticipated budgeted amounts
per current estimates.
Page 219
Page 3 of 3
Public Works Mid-Month Report
• Dock repair – An Invitation to Bid was released on May 29, 2020 with Bids due on June 19,
2020. No bids were received. On July 10, 2020 the project was re-advertised for bids with
bids due on July 27, 2020. The City received one Bid from Endries Company in the amount
of $298,365. Ordinance 3154-2020 was introduced on August 5, 2020 and once approved on
August 19, 2020 the project will begin to move forward.
• Peninsula Avenue Bluff Erosion 2020 – An Invitation to Bid was released on May 31, 2020
with Bids due on June 19, 2020. Four bids were received with Foster Construction being the
lowest responsive responsible bidder at $94,670. Council approved the project through
passage of Resolution 2020-57 at the July 1, 2020 meeting. Contractor is anticipated to
mobilize to the site on approximately August 25, 2020, they are currently working on other
projects in town.
• Vault Restrooms – 100% Design documents were received on June 10, 2020 from Nelson
Engineering. An Invitation to Bid was released on June 14, 2020 with Bids due on June 29,
2020. Four bids were received with Polar North Construction being the lowest responsive
responsible bidder at $359,850. Council approved the project through passage of Resolution
2020-58 at the July 1, 2020 meeting. Contract documents were executed on July 23, 2020
and the Design Team have been approving submittals.
• Waste Water Treatment Plant Master Plan – HDL Engineering Consultants will be beginning
to assist the Public Works Department in development of a new Master Plan for the facility.
The last one was completed in March 2004. Resolution 2020-48 was approved at the June
17, 2020 Council meeting allowing this work to proceed. On July 2, 2020 HDL staff and
consultants spent the day on the property going through all systems of the plant, it is
anticipated that these services will take place throughout the summer months. HDL also
continues to assist the department with the renewal of our APDES Permit which expires every
five years.
• USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of
Engineers was signed April 10, 2019. As of April 29, 2020 we are waiting on a Section 221
MOU (Memorandum of Understanding) from the Army Corp of Engineers. On June 17, 2020
Council authorized the City Manager to sign the MOU received from the Corp. August 4, 2020
phone conference with the Corp indicated the PED Agreement is anticipated to arrive around
September 1, 2020.
Page 220
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: August 12, 2020
SUBJECT: July 2020 Monthly Report
Home Delivered Meals 1378
Home Delivered Meals – COVID-19 915
Pick Up Meals – COVID-19 118
Grocery Shopping Assistance 4
Vintage Pointe Meals – COVID-19 364
Though closed to the public, the Senior Center continues to provide services to our senior
population. During this crisis we have been able to offer the following:
• Home delivered meals, served Monday – Friday to over 100 individuals in the greater
Kenai area.
• Shopping and delivery assistance through Country Foods.
• Prescription pickups and delivery.
• Low income food box delivery.
• Telephone support and wellness checks.
• Information on COVID19, State of Alaska benefits, IRS Economic Impact payments,
and the newest scams surrounding the current crisis.
In addition to this, the staff has been working on various projects including:
• COVID-19 grant opportunities.
• Shelf stable food boxes for senior pick up and home delivery.
• Upcoming reopening phases research.
• Vintage Pointe tenant moves.
• COVID-19 frozen home meals.
• Outside yard and flower maintenance.
Page 221
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: August 13, 2020
SUBJECT: Quarterly Financial Report for the quarter ended June 30, 2020.
Attached is a quarterly financial report for the General Fund, Personal Use Fishery Fund, Airport
Fund, Water/Sewer Fund, and Senior Fund as of June 30, 2020. This report is essentially on a
cash basis, so there are accounts that may not look reasonable.
In the General Fund for example, sales and property tax revenue only includes payments made
to the City by the Borough through May. The second calendar quarter 2020 sales tax filings and
tax payments are not represented in the balances. FY2020 revenue amounts will not be accurate
for a few months because of the delay in receipt of the payments.
State and Federal is below budget in all funds because of PERS aid. The State doesn’t actually
give us any money. Instead they make an ‘on-behalf’ payment to the pension system. Similarly
we have not booked expenditures for the PERS the State is covering, so the Non-Departmental
department is way under budget. At year-end we will record revenue and expenditures for these
items.
The actual financial performance of each fund will be presented when the City’s Comprehensive
Annual Financial Report is completed. This report will be on the modified accrual basis for
Governmental Funds and will show a more accurate picture of each funds financial performance
for FY2020. The report is expected in November after completion of the annual audit the second
week of October and will be presented to Council in early December.
Page 222
Quarterly General Fund
Expenditure Report
For Quarter Ended June 30, 2020
Original *
FY2019 FY2020 Amended YTD
Actual Budget Budget Actual Variance %
REVENUES
Appropriation of Fund Balance -$ 1,222,687$ 1,263,158$ -$ (1,263,158)$ 0.00%
Taxes 11,049,181 11,327,867 11,327,867 10,131,692 (1,196,175) 89.44%
Licenses/Permits and Ambulance 535,038 647,500 647,500 689,497 41,997 106.49%
State/Federal 943,704 982,382 1,067,805 464,809 (602,996) 43.53%
Dock/Multipurpose/Miscellaneous 144,574 138,500 138,500 143,257 4,757 103.43%
Fines and Forfeitures 92,076 93,000 119,546 89,286 (30,260) 74.69%
Interest and Miscellaneous 704,371 515,346 563,859 863,417 299,558 153.13%
Transfers/Central Admin Fees 1,851,814 1,770,252 1,770,252 1,783,239 12,987 100.73%
Total Revenues 15,320,758 16,697,533 16,898,486 14,165,197 (2,733,289) 83.83%
EXPENDITURES & TRANSFERS
General Government
01 City Clerk 298,831$ 301,564$ 301,564$ 270,693$ 30,871$ 10.24%
11 Legislative 162,769 162,868 162,868 149,585 13,283 8.16%
12 Legal 326,469 348,786 348,786 316,640 32,146 9.22%
13 City Manager 334,928 364,214 369,114 357,433 11,681 3.16%
14 Human Resources 113,691 173,045 173,045 167,031 6,014 3.48%
15 Finance 670,699 739,025 744,025 693,477 50,548 6.79%
16 Land Administration 12,878 21,354 21,354 7,004 14,350 67.20%
18 Non-Departmental 772,823 1,048,345 1,027,434 568,856 458,578 44.63%
19 Planning and Zoning 208,010 235,222 235,222 208,344 26,878 11.43%
20 Safety 4,800 19,150 19,150 790 18,360 95.87%
Total General Government 2,905,898 3,413,573 3,402,562 2,739,853 662,709 19.48%
Public Safety
21 Police 2,996,873 3,298,413 3,346,028 2,190,993 1,155,035 34.52%
22 Fire 3,038,836 3,234,703 3,270,235 2,162,087 1,108,148 33.89%
23 Communications 789,112 867,178 867,178 576,365 290,813 33.54%
29 Animal Control 403,015 441,804 442,589 403,903 38,686 8.74%
Total Public Safety 7,227,836 7,842,098 7,926,030 5,333,348 2,592,682 32.71%
Public Works
31 Public Works Administration 128,129 194,711 194,711 163,015 31,696 16.28%
32 Shop 609,296 644,715 644,715 609,553 35,162 5.45%
33 Streets 1,017,766 1,013,174 1,013,174 781,066 232,108 22.91%
34 Buildings 337,504 373,427 388,427 359,470 28,957 7.45%
35 Street Lighting 174,937 190,602 190,602 177,965 12,637 6.63%
60 Dock 35,018 66,066 66,066 50,915 15,151 22.93%
Total Public Works 2,302,650 2,482,695 2,497,695 2,141,984 355,711 14.24%
Parks and Recreation & Culture
03 Visitor Center 175,310 173,198 183,017 165,169 17,848 9.75%
40 Library 831,690 903,284 914,829 808,850 105,979 11.58%
45 Parks, Recreation & Beautification 1,075,716 1,101,480 1,180,240 1,050,912 129,328 10.96%
Total Parks and Recreation & Culture 2,082,716 2,177,962 2,278,086 2,024,931 253,155 11.11%
Total Operating Expenditures 14,519,100 15,916,328 16,104,372 12,240,116 3,864,256 24.00%
Transfer to other funds
Street Improvement Capital Project Fund 200,000 200,000 200,000 200,000 - 0.00%
Senior Center Impr. Capital Projects 34,500 - - - - -
Kenai Recreation Center Capital Project Fund 27,500 100,000 100,000 100,000 - 0.00%
Trail Construction Capital Project Fund - 37,800 37,800 37,800 - 0.00%
Public Safety Building Capital Proj. Fund 35,000 - - - - -
Public Safety Capital Project Fund - - 12,218 12,218 - 0.00%
Library Improvement Capital Proj. Fund - 50,000 50,000 50,000 - 0.00%
Senior Citizen Special Revenue Fund 182,027 253,308 253,999 60,493 193,506 76.18%
Debt Service 143,271 140,097 140,097 139,853 244 0.17%
Total Transfer to other funds 622,298 781,205 794,114 600,364 193,750 24.40%
Total Expenditures & Transfers 15,141,398 16,697,533 16,898,486 12,840,480 4,058,006 24.01%
Net Revenues over(under) Expenditures 179,360$ -$ -$ 1,324,717$ 1,324,717$
* Note: The original budget includes outstanding encumbrances at 6/30/2019.
Page 223
Quarterly Personal Use Fishery Fund
Expenditure Report
For Quarter Ended June 30, 2020
Original *
FY2019 FY2020 Amended YTD
Actual Budget Budget Actual Variance %
REVENUES
Appropriation of Fund Balance -$ 64,973$ 65,515$ -$ (65,515)$ -100.00%
Beach Parking 118,308 146,460 146,460 144,330 (2,130) -1.45%
Beach Camping 129,939 170,100 170,100 149,788 (20,312) -11.94%
Dock Launch & Park 91,358 101,600 101,600 105,275 3,675 3.62%
Dock Parking Only 9,547 10,800 10,800 11,736 936 8.67%
Participant Drop-off Fee 5,943 6,715 6,715 4,698 (2,017) -30.04%
Interest Earnings 7,624 750 750 - (750) -100.00%
PERS Grant 2,743 4,637 4,637 - (4,637) -100.00%
Credit Card Fees (3,250) (3,500) (3,500) (4,306) (806) 23.03%
Total Revenue 362,212 502,535 503,077 411,521 (91,556) -18.20%
EXPENDITURES & TRANSFERS
Public Safety 92,515$ 88,051$ 88,146$ 81,207$ 6,939$ 7.87%
Streets 42,695 55,235 55,290 29,728 25,562 46.23%
Boating Facility 45,077 64,161 64,279 51,101 13,178 20.50%
Parks, Recreation & Beautification 227,025 245,088 245,362 211,039 34,323 13.99%
Total Operating Expenditures 407,312 452,535 453,077 373,075 80,002 17.66%
Transfers to Other Funds - General Fund 50,000 50,000 50,000 50,000 - 0.00%
Total Expenditures & Transfers 457,312 502,535 503,077 423,075 80,002 15.90%
Net Revenues over Expenditures (95,100)$ -$ -$ (11,554)$ (171,558)$
* Note: The original budget includes outstanding encumbrances at 6/30/2019.
Page 224
Quarterly Airport Fund
Expenditure Report
For Quarter Ended June 30, 2020
Original *
FY2019 FY2020 Amended YTD
Actual Budget Budget Actual Variance %
REVENUES
Appropriation of Fund Balance -$ 41,945$ 801,820$ 339,535$ (462,285)$ 0.00%
State/Federal 36,883 42,663 1,665,421 575,216 (1,090,205) 34.54%
Interest , Leases & Fees 728,771 737,260 737,260 646,725 (90,535) 87.72%
Terminal Revenues 864,804 767,127 767,127 647,518 (119,609) 84.41%
Landing Fees 410,697 505,500 505,500 331,128 (174,372) 65.51%
Transfers In 1,203,690 908,811 908,811 928,251 19,440 102.14%
Total Revenues 3,244,845 3,003,306 5,385,939 3,468,373 (1,917,566) 64.40%
EXPENDITURES & TRANSFERS
Terminal Area 550,783$ 616,753$ 617,312$ 546,173$ 71,139$ 11.52%
Airfield 1,691,992 1,750,795 1,754,785 1,666,647 88,138 5.02%
Administration 299,964 348,507 1,957,850 285,506 1,672,344 85.42%
Other Buildings & Areas 152,640 208,777 217,643 183,621 34,022 15.63%
Training Facility 41,088 38,474 38,474 26,551 11,923 30.99%
Total Expenditures 2,736,467 2,963,306 4,586,064 2,708,498 1,877,566 40.94%
Transfer to other funds
Airport Improvement Capital Projects 2,072,139 40,000 799,875 759,875 40,000 0.00%
Total Transfer to other funds 2,072,139 40,000 799,875 759,875 40,000 5.00%
Total Expenditures & Transfers 4,808,606 3,003,306 5,385,939 3,468,373 1,917,566 35.60%
Net Revenues over Expenditures (1,563,761)$ -$ -$ -$ -$
* Note: The original budget includes outstanding encumbrances at 6/30/2019.
Page 225
Quarterly Water Sewer Fund
Expenditure Report
For Quarter Ended June 30, 2020
Original *
FY2019 FY2020 Amended YTD
Actual Budget Budget Actual Variance %
REVENUES
Appropriation of Fund Balance -$ 639,830$ 694,175$ -$ (694,175)$ 0.00%
State/Federal 35,066 42,205 42,205 - (42,205) 0.00%
Water/Sewer Fees 2,814,989 2,955,342 2,955,342 2,936,940 (18,402) 99.38%
Penalty and Interest 43,415 41,600 41,600 31,872 (9,728) 76.62%
Interest and Miscellaneous 123,138 15,480 15,480 12,424 (3,056) 80.26%
Total Revenues 3,016,608 3,694,457 3,748,802 2,981,236 (767,566) 79.53%
EXPENDITURES & TRANSFERS
Water 787,637$ 881,587$ 925,932$ 745,270$ 180,662$ 19.51%
Sewer 394,495 507,326 507,326 364,035 143,291 28.24%
Wastewater Treatment Plant 1,141,780 1,245,544 1,245,544 1,030,351 215,193 17.28%
Total Expenditures 2,323,912 2,634,457 2,678,802 2,139,656 539,146 20.13%
Transfer to other funds -
Water & Sewer Capital Projects 110,400 1,060,000 1,070,000 1,070,000 - -
Total Transfer to other funds 110,400 1,060,000 1,070,000 1,070,000 - -
Total Expenditures & Transfers 2,434,312 3,694,457 3,748,802 3,209,656 539,146 14.38%
Net Revenues over Expenditures 582,296$ -$ -$ (228,420)$ (228,420)$
* Note: The original budget includes outstanding encumbrances at 6/30/2019.
Page 226
Quarterly Senior Fund
Expenditure Report
For Quarter Ended June 30, 2020
Original *
FY2019 FY2020 Amended YTD
Actual Budget Budget Actual Variance %
REVENUES
Appropriation of Fund Balance -$ 23,460$ 23,460$ -$ (23,460)$ 0.00%
State Grants 204,464 205,831 244,206 230,221 (13,985) 94.27%
USDA Grant 24,938 20,000 20,000 20,471 471 102.36%
Choice Waiver 135,444 125,000 125,000 119,946 (5,054) 95.96%
KPB Grant 126,207 126,207 126,207 126,207 - 100.00%
United Way 3,631 15,000 15,000 - (15,000) 0.00%
Rents & Leases 8,174 13,000 13,000 9,811 (3,189) 75.47%
Miscellaneous Donations 4,278 25,000 28,500 36,700 8,200 128.77%
Donations - Senior Connection 100,000 50,000 50,000 50,430 430 100.86%
Meal Donations 67,997 82,500 82,500 56,244 (26,256) 68.17%
Ride Donations 4,215 7,000 7,000 2,570 (4,430) 36.71%
Transfer from General Fund - Operations 170,857 239,208 239,899 60,493 (179,406) 25.22%
Transfer from General Fund - Capital 11,170 14,100 14,100 - (14,100) 0.00%
Other (7) 300 300 95 (205) 31.67%
Total Revenues 861,368 946,606 989,172 713,188 (275,984) 72.10%
EXPENDITURES & TRANSFERS
Senior Citizen Access 140,539$ 191,256$ 191,415$ 164,179$ 27,236$ 14.23%
Congregate Meals 231,082 261,266 273,651 240,472 33,179 12.12%
Home Meals 202,637 223,664 253,444 228,842 24,602 9.71%
Senior Transportation 80,929 104,527 104,596 97,512 7,084 6.77%
Choice Waiver 232,910 165,893 166,066 140,690 25,376 15.28%
Total Expenditures 888,097 946,606 989,172 871,695 117,477 11.88%
Transfer to other funds -
- - - - - -
Total Transfer to other funds - - - - - -
Total Expenditures & Transfers 888,097 946,606 989,172 871,695 117,477 11.88%
Net Revenues over Expenditures (26,729)$ -$ -$ (158,507)$ (158,507)$
* Note: The original budget includes outstanding encumbrances at 6/30/2019.
Page 227
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank
DATE: August 3, 2020
SUBJECT: June 30, 2020 Quarterly Investment Report
City of Kenai Investment Portfolio
At June 30, 2020 the City had investments with a market value of 23,805,169. That is up from
$21,555,810 at March 31, 2020. The infusion of CARES Act funding resulted in an increase in
the portfolio. The City’s portfolio is yielding 1.40% that is up from 2.04% at March 31, 2020. The
Federal Reserve reduced the Federal Funds Rate twice in March 2020 in response to the COVID-
19 Pandemic Emergency. The result is an increase in the portfolios change in fair market value
which was $9,752 at June 30, 2019 and $374,950 at the end of June 2020. There is an inverse
relationship between bond values and interest rates meaning when interest rates decrease, bond
values increase. When interest rates decrease the market value of existing bonds increases.
Unfortunately, as higher yielding securities mature they will be replaced at lower yields, causing
the portfolio’s rate of return to decrease in the future
City’s Investment Portfolio
US Agency Securities $ 1,513,530
AML Investment Pool 2,571,418
Wells Fargo Money Market 4,736,517
FDIC Insured Certificates of Deposit 12,686,499
Bank Balance 2,297,205
Total $ 23,805,169
Permanent Fund Investments
The second quarter 2020 saw significant recovery in the equity markets from the steep declines
caused by the COVID-19 public health emergency and the virtual shutdown of the world’s
economies. Significant volatility continues as the economy tries to recover and get Americans
back to work. Returns for the second quarter of 2020 were 10.80%. Since inception the portfolio
has returned 7.65%. As of June 30, 2020 the portfolio value was $29,575,015, comprised of
Page 228
Page 2 of 2
$25,230,638 (85.31%) Airport Land Sale Permanent Fund, $3,210,886 (10.86%) General Land
Sale Permanent Fund monies, $157,004 (0.53%) Kenai Community Foundation holdings, and
$976,487 (3.30%) Kenai Senior Connection holdings.
Page 229
CITY OF KENAI
INVESTMENT PORTFOLIO SUMMARY
June 30, 2020
Fair Market Current
Value Yield
Cash & Cash Equivalents
Wells Fargo Checking 2,297,205$ 0.01%
Wells Fargo Secured Money Market 4,736,517 0.06%
FDIC Insured Certificates of Deposit 12,686,499 2.24%
Alaska Municipal League Investment Pool 2,571,418 0.19%
Total Cash & Cash Equivalents 22,291,639 1.31%
Average
Yield
Government Securities
Maturities Less than 1 Year 1,513,530 2.79%
Maturities 1 to 2 Years - 0.00%
Maturities Greater than 2 Years - 0.00%
Total Government Securities 1,513,530 2.79%
Total Portfolio 23,805,169$ 1.40%
Investment Portfolio - Purchase Price 23,434,988$
Investment Portfolio - Fair Value 06/30/19 23,444,740
Fair Value Adjustment - 06/30/19 9,752
Fair Value Adjustment thru - 6/30/2020 365,198
Cummulative Change in Fair Value 374,950$
June 30, 2020
$0
$4,000,000
$8,000,000
$12,000,000
$16,000,000
Liquidity 20%
Minimum
Maturity 1 - 2 years Maturity over 2 years
30% Maximum
Portfolio Liquidity
Policy Minimum/Maximum Actual
Page 230
CITY OF KENAI
Investments 06-30-20 COK
CITY OF KENAI
INVESTMENTS
6/30/2020
Current year cost or Unrealized
Expected Call 06/30/19 06/30/20 Gain Accrued EFFECT. DATE DATE
SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE PURCH. DUE
FHLMC 1.70 8/24/20
1 TIME 5/24/18 w/ 5
days 3134GBMD1 1,000,000 997,600.00 1,002,200.00 4,600.00 5,997.22 1.700 5/24/2017 8/24/2020
TVA 3.875 2/15/21 Bullet 880591EL2 555,678 515,870.00 511,330.00 (4,540.00) 7,319.44 3.875 10/12/2016 2/15/2021
TOTAL 1,555,677.71 1,513,470.00 1,513,530.00 60.00 13,316.66 2.788
#REF!
FDIC Insured CD's CD - 12/31/10
2.45 GMATBK 5/3/21 57803 02007GJR5 245,082 246,109.85 249,797.10 3,687.25 986.71 2.450 5/7/2019 5/3/2021
3.55 AXP 12/4/23 27471 02589AA28 249,998 254,721.60 271,462.45 16,740.85 641.62 3.160 1/2/2019 12/4/2023
1.50 AMERPL 4/26/21 58469 02905LBK0 245,000 245,000.00 247,731.75 2,731.75 70.48 1.500 1/24/2020 4/26/2021
2.45 BWW 5/10/22 35141 05580ARK2 245,000 246,325.45 255,250.80 8,925.35 855.15 2.450 5/10/2019 5/10/2022
1.65 BAC 10/23/20 3510 06051VP34 245,000 245,000.00 246,193.15 1,193.15 1,772.05 1.650 1/23/2020 10/23/2020
1.65 BOBIN 12/11/20 33681 06063HJH7 247,000 247,000.00 248,714.18 1,714.18 2,244.32 1.650 12/13/2019 12/11/2020
1.75 SECSTB 12/18/24 8941 062163BN9 245,000 245,000.00 257,833.10 12,833.10 152.71 1.750 12/18/2019 12/18/2024
3.10 BANK MIDWEST CD 9/15/23 5170 063615BM9 245,000 250,130.30 266,555.10 16,424.80 2,205.67 3.100 9/17/2018 9/15/2023
1.60 OZK 11/6/20 110 06417NPQ0 247,000 247,000.00 248,276.99 1,276.99 270.68 1.600 12/6/2019 11/6/2020
2.45 SONHBT 5/23/22 24540 06426KBB3 245,000 246,332.80 255,397.80 9,065.00 131.56 2.450 5/23/2019 5/23/2022
2.30 BACR 10/18/22 57203 06740KLD7 245,000 244,605.55 256,551.75 11,946.20 1,142.44 2.300 10/18/2017 10/18/2022
1.60 BRKL 2/12/21 17798 11373QHS0 245,000 245,000.00 247,229.50 2,229.50 193.32 1.600 12/13/2019 2/12/2021
2.4 COF 4/19/22 33954 1404202E9 247,000 247,995.41 256,788.61 8,793.20 1,185.60 2.400 4/19/2017 4/19/2022
2.4 COF 8/30/22 4297 14042RHS3 245,000 245,656.60 256,512.55 10,855.95 1,949.26 2.400 8/28/2017 8/30/2022
3.15 CFBANK 9/18/23 28263 15721UCQ0 245,000 250,632.55 266,898.10 16,265.55 274.87 3.150 9/18/2018 9/18/2023
3.30 C 9/7/23 7213 17312QS34 245,000 252,053.55 267,909.95 15,856.40 2,569.48 3.300 9/7/2018 9/7/2023
1.75 CNBMIL 12/9/24 3814 17801GBW8 245,000 245,000.00 257,823.30 12,823.30 258.42 1.750 12/9/2019 12/9/2024
1.55 CONTUT 3/29/21 57571 211163JT8 245,000 245,000.00 247,579.85 2,579.85 1,602.23 1.550 1/29/2020 3/29/2021
1.65 NCBKPA 3/29/21 34444 23204HHX9 245,000 245,000.00 247,773.40 2,773.40 44.30 1.650 12/27/2019 3/29/2021
2.75 DISCOVER BANK 9/21/20 5649 254673TS5 245,000 246,685.60 246,487.15 (198.45) 1,919.73 2.750 9/19/2018 9/21/2020
2.55 CMS 1/18/22 57293 29278TAK6 245,000 246,908.55 253,947.40 7,038.85 256.75 2.550 2/16/2018 1/18/2022
1.65 ESSA 7/29/21 28262 29667RSB0 245,000 245,000.00 248,924.90 3,924.90 1,705.60 1.650 1/29/2020 7/29/2021
1.70 FNLC 7/30/21 4256 32117BDW5 245,000 245,000.00 249,069.45 4,069.45 342.33 1.700 1/30/2020 7/30/2021
2.70 FRC 7/7/20 59017 33616CBR0 245,000 246,308.30 245,122.50 (1,185.80) 2,102.30 2.700 9/7/2018 7/7/2020
3.10 SRCE 10/21/22 9087 33646CKJ2 245,000 250,808.95 261,108.75 10,299.80 2,122.44 3.100 9/21/2018 10/21/2022
2.35 GS 8/30/22 33124 38148PNS2 245,000 245,281.75 256,247.95 10,966.20 1,908.65 2.350 8/28/2017 8/30/2022
2.30 KENNEB 08/24/20 17897 489265AZ1 245,000 245,333.20 245,823.20 490.00 2,006.99 2.300 2/22/2018 8/24/2020
1.85 LIVOAK 12/11/24 58665 538036HF4 245,000 245,000.00 258,901.30 13,901.30 372.53 1.850 12/11/2019 12/11/2024
1.65 MEDBNK 12/6/21 57449 58404DFV8 247,000 247,000.00 252,182.06 5,182.06 279.14 1.650 12/6/2019 12/6/2021
1.60 MONONA 10/21/20 33458 610092CU0 245,000 245,021.48 246,134.35 1,112.87 1,739.84 1.600 1/23/2020 10/21/2020
2.60 MS 2/15/22 32992 61747MK83 245,000 247,236.85 254,574.60 7,337.75 2,390.93 2.600 2/15/2018 2/15/2022
1.75 MS 12/6/21 34221 61760A3R8 247,000 247,000.00 252,564.91 5,564.91 307.90 1.750 12/5/2019 12/6/2021
2.05 NTLNYC 8/30/22 18734 634116CM7 245,000 243,040.00 254,633.40 11,593.40 13.76 2.050 10/30/2017 8/30/2022
3.40 NCBSVG 12/21/23 32612 635573AL2 247,234 253,219.75 270,499.60 17,279.85 228.22 3.220 1/2/2019 12/21/2023
2.15 NRTHFL 10/25/22 28710 66612ABX5 245,000 243,390.35 255,784.90 12,394.55 966.91 2.150 10/30/2017 8/30/2022
2.80 ORIENTAL BANK 9/14/20 31469 68621KCC3 245,000 246,805.65 246,389.15 (416.50) 2,086.19 2.800 9/12/2018 9/14/2020
1.70 RCKCAN 12/20/23 33542 77183VAD0 245,000 245,000.00 256,078.90 11,078.90 125.52 1.700 12/20/2019 12/20/2023
1.60 SAFR 1/4/21 26876 78658RBF7 245,000 245,000.00 246,884.05 1,884.05 289.18 1.600 12/4/2019 1/4/2021
2.80 SALLMA 4/17/24 58177 7954502H7 245,000 246,771.35 266,863.80 20,092.45 1,409.59 2.590 5/7/2019 4/17/2024
1.65 SOME 4/30/21 11112 835104BX7 245,000 245,000.00 248,072.30 3,072.30 1,694.53 1.650 1/30/2020 4/30/2021
2.75 SBIIN 02/16/23 33682 856285HZ7 245,000 247,572.50 260,817.20 13,244.70 2,510.41 2.750 2/16/2018 2/16/2023
1.60 10/27/20 1833 856309BR9 245,000 245,000.00 246,176.00 1,176.00 42.96 1.600 1/27/2020 10/27/2020
1.65 SNV 12/9/21 873 87164DPS3 245,000 245,000.00 250,196.45 5,196.45 243.66 1.650 12/9/2019 12/9/2021
2.35 SYF 10/20/22 27314 87164WTC2 245,000 244,980.40 256,858.00 11,877.60 1,132.62 2.350 10/20/2017 10/22/2022
2.15 EVER 10/28/22 34775 87270LAV5 245,000 243,360.95 255,870.65 12,509.70 894.75 2.150 10/30/2017 10/28/2022
2.05 THFDSL 10/27/21 30012 88413QBT4 245,000 244,039.60 251,090.70 7,051.10 894.42 2.050 10/27/2017 10/27/2021
3.00 TOWN 9/27/21 35095 89214PCA5 245,000 249,184.60 253,621.55 4,436.95 1,953.29 3.000 9/26/2018 9/27/2021
2.80 UBS 9/14/20 57565 90348JDQ0 245,000 246,810.55 246,352.40 (458.15) 319.51 2.800 9/14/2018 9/14/2020
3.25 VYSTAR CREDIT UNION 12/11/20 68490 92891CCB6 245,000 248,719.10 248,444.70 (274.40) 21.82 3.250 12/11/2018 12/11/2020
1.60 ZION 11/25/20 2270 98970LA45 247,087 247,086.62 248,496.82 1,410.20 2,344.16 1.600 12/5/2019 11/25/2020
TOTAL FDIC Insured CD's 12,269,400.84 12,326,129.76 12,686,498.52 360,368.76 53,177.50 2.236
WELLS MONEY MKT 4,736,517.00 4,736,517.00 4,736,517.00 200.35 0.060
AML POOL - City ACCT Agreed to Amlip 2,571,417.97 2,571,417.97 2,571,417.97 353.40 0.190
Agreed to GL 21,133,013.52 21,147,534.73 21,507,963.49 360,428.76 67,047.91
WF Cash Agreed to WF 2,297,205.25 2,297,205.25 2,297,205.25 - - 0.010
TOTAL 23,430,218.77 23,444,739.98 23,805,168.74 360,428.76 67,047.91
MONTHS 374,949.97
TOTAL CURRENT YIELD 1.3801%
Max/Min Return Actual Difference
Maturity over 2 years 30% Maximum 7,141,550.62 2.4919% 4,955,211 2,186,339.87 OK 6000000
Liquidity 20% Minimum 4,761,033.75 0.8819% 15,816,349 (11,055,315.01) OK
Maturity 1 - 2 years 2.1616% 3,033,609
1.3801% 23,805,169
Page 231
CITY OF KENAI
PERMANENT FUND
INVESTMENT PORTFOLIO SUMMARY
June 30, 2020
Current or Current
Average Portfolio Target Portfolio
30-Jun-19 30-Sep-19 31-Dec-19 31-Mar-20 30-Jun-20 Yield Weight Weight Maximum
Fixed Income
Cash & Cash Equivalents 1,431,086 1,560,919 1,687,069 1,643,681 1,686,563 0.06% 5.70%
Total Cash & Cash Equivalents 1,431,086 1,560,919 1,687,069 1,643,681 1,686,563
Government & Corporate Securities
Government Securities 9,265,968 9,099,594 9,439,519 9,104,954 8,908,043 0.85% 30.12%
Corporate Securities 1,984,868 2,007,674 2,026,809 2,644,059 2,951,572 1.78%9.98%
Total Government & Corporate Securities 11,250,836 11,107,268 11,466,328 11,749,013 11,859,615 1.24%40.10%
Total Fixed Income 12,681,922 12,668,187 13,153,397 13,392,694 13,546,178 1.20% 45.80% 45.00% 65.00%
Equities
Domestic Equities
Large-Cap Index 5,619,537 5,704,808 6,005,088 5,188,021 6,216,950 21.02% 20.00% 25.00%
Small-Cap Index 1,385,556 1,445,878 1,557,514 1,179,713 1,428,285 4.83% 5.00% 10.00%
Mid-Cap Index 2,818,713 2,885,890 2,986,448 2,412,532 2,937,586 9.93%10.00%15.00%
Total Domestic Equities 9,823,806 10,036,576 10,549,050 8,780,266 10,582,821 35.78% 35.00% 50.00%
International Equities
Europe Pacific ETF 2,800,691 2,908,363 2,963,145 2,514,175 2,820,829 9.54% 10.00% 15.00%
Vanguard Emerging Market ETF 1,432,090 1,432,364 1,570,867 1,182,533 1,385,874 4.69%5.00%10.00%
Total International Equities 4,232,781 4,340,727 4,534,012 3,696,708 4,206,703 14.23%15.00% 25.00%
Real Estate
Vanguard REIT ETF 546,130 585,455 576,946 456,116 372,699 1.26%2.00%7.00%
Total Real Estate 546,130 585,455 576,946 456,116 372,699 1.26%2.00%7.00%
Infrastructure
Flexshares Stoxx Global Broad Infrastucture 847,875 860,178 895,755 739,971 866,614 2.93%3.00%8.00%
Total Infrastructure 847,875 860,178 895,755 739,971 866,614 2.93%3.00%8.00%
Total Equities 15,450,592 15,822,936 16,555,763 13,673,061 16,028,837
Total Portfolio 28,132,514 28,491,123 29,709,160 27,065,755 29,575,015 -2.34%100.00%100.00%155.00%
Total ALSPF Balance 24,731,368 25,046,623 26,117,403 23,018,774 25,230,638
Total GLSPF Balance 3,248,893 3,290,307 3,430,972 3,023,913 3,210,886
Total Kenai Community Foundation 152,252 154,193 160,785 141,709 157,004
Total Kenai Senior Connection - - - 881,359 976,487
Fair Market Value
0.00%
25.00%
50.00%
75.00%
Fixed Income Large-Cap Index Small-Cap Index Mid-Cap Index Europe Pacific ETF Vanguard Emerging
Market ETF
Vanguard REIT ETF
Portfolio Composition
Current Portfolio Weight Target Portfolio Weight Maximum Portfolio Weight
Current Month Current Quarter Year to Date Last 1 Year Inception to Date
Portfolio 1.58% 10.80% -2.34% 3.15% 7.65%
Benchmark 1.72% 11.59% -2.28% 3.34% 7.79%
-5.00%
0.00%
5.00%
10.00%
15.00%
Portfolio Performance
Page 232
$15,000,000
$17,000,000
$19,000,000
$21,000,000
$23,000,000
$25,000,000
$27,000,000
Total ALSPF Balance
Transfer of $1,195,313
to Airport Operations.
Transfer of $1,147,714
to Airport Operations.
Transfer of $1,184,356
to Airport Operations.
Transfer of $1,210,348
to Airport Operations.
$‐
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000 Total GLSPF Balance
Transfer of $1,158,473
to Airport Operations.
Transfer of $154,172 to
General Fund Operations.
Transfer of $153,493 to
General Fund Operations.
$‐
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
Total Kenai Community Foundation Balance
$50,000 investment.
Initial investment of
$66,143.
Transfer of $149,802 to
General Fund Operations.
Transfer of $1,203,690
to Airport Operations.
Transfer of $161,561 to
General Fund Operations.
$‐
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
Total Kenai Senior Connection Balance
Initial investment.
Transfer of $137,239 to
General Fund Operations.
Transfer of $928,251 to
Airport Operations.
Page 233
Clients are encouraged to compare this report with the official statement from their custodian.INVESTMENT PERFORMANCECurrentMonthCurrentQuarterYear toDateLatest 1YearInception toDatePortfolio1.58 10.80 -2.34 3.15 7.65Benchmark1.72 11.59 -2.28 3.34 7.79-4.00-2.000.002.004.006.008.0010.0012.0014.00Percent Total Return (Gross)Performance is Annualized for Periods Greater than One YearCurrent Account Benchmark:Equity BlendPORTFOLIO COMPOSITIONFixed Income46%US Lg Cap21%US Md Cap10%US Sm Cap5%Int'l9%Emer Mkts5%Real Estate4%MANAGEMENT TEAMClient Relationship Manager: Amber Frizzell, AIF®Amber@apcm.netYour Portfolio Manager: Bill Lierman, CFA®Contact Phone Number: 907/272 -7575ACCOUNT ACTIVITYPortfolio Value on 05-31-20 30,180,062Contributions 0Withdrawals -1,065,857Change in Market Value 332,516Interest 26,480Dividends 101,814Portfolio Value on 06-30-20 29,575,015CITY OF KENAI PERMANENT FUNDSAccount Statement - Period Ending June 30, 2020Page 234
Alaska Permanent Capital Management Co.
PORTFOLIO SUMMARY AND TARGET
CITY OF KENAI PERMANENT FUNDS
June 30, 2020
%
Asset Class & Target Market Value Assets Range
FIXED INCOME (45%)
US Fixed Income (40.0%) 11,860,418 40.1 35% to 65%
Cash (5.0%) 1,711,897 5.8 0% to 10%
Subtotal: 13,572,314 45.9
EQUITY (50%)
US Large Cap (20.0%) 6,190,813 20.9 15% to 25%
US Mid Cap (10.0%) 2,937,586 9.9 5% to 15%
US Small Cap (5.0%) 1,428,285 4.8 0% to 10%
Developed International Equity (10.0%) 2,820,829 9.5 5% to 15%
Emerging Markets (5.0%) 1,385,874 4.7 0% to 10%
Subtotal: 14,763,388 49.9
ALTERNATIVE INVESTMENTS (5%)
Real Estate (2.0%) 372,699 1.3 0% to 5%
Infrastructure (3.0%) 866,614 2.9 0% to 6%
Subtotal: 1,239,313 4.2
TOTAL PORTFOLIO 29,575,015 100
Page 235
Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2020YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityFNMA & FHLMC14,010 FHLMC POOL G14203 104.56 14,650 106.01 14,853 0.05 560 47 0.574.000% Due 04-01-26121,405 FG POOL C91270 105.67 128,291108.76 132,036 0.45 5,463 455 0.784.500% Due 10-01-29114,882 FG POOL J30401 101.30 116,372107.01 122,939 0.42 3,446 287 0.833.000% Due 01-01-30122,001 FG POOL G16255 99.70 121,639106.33 129,727 0.44 3,050 254 0.872.500% Due 07-01-32119,900 FNCL POOL 995373 106.72 127,956111.09 133,199 0.45 5,396 450 1.864.500% Due 02-01-39340,149 FN POOL AJ1405 104.48 355,402 109.80 373,476 1.26 13,606 1,134 1.834.000% Due 09-01-41159,132 FN POOL AT2324 100.20 159,456108.56 172,756 0.58 4,774 80 1.423.000% Due 01-01-43224,033 FG POOL V80057 100.23 224,558109.10 244,418 0.83 6,721 560 1.373.000% Due 05-01-43142,920 FN POOL AL3180 100.20 143,211108.56 155,157 0.52 4,288 357 1.363.000% Due 05-01-43247,963 FG POOL G08722 102.09 253,135106.81 264,859 0.90 8,679 723 1.313.500% Due 09-01-4688,920 FN AS8483 102.95 91,546 105.82 94,099 0.32 2,668 222 1.353.000% Due 12-01-4697,740 FN POOL BD2453 99.89 97,633108.09 105,644 0.36 2,932 244 1.503.000% Due 01-01-47468,537 FN POOL AS8810 102.04 478,091 106.05 496,870 1.68 16,399 1,367 1.153.500% Due 02-01-47160,718 FN POOL MA2930 103.56 166,443106.73 171,535 0.58 6,429 536 1.424.000% Due 03-01-47121,318 FG G61893 101.14 122,702 105.86 128,432 0.43 3,640 303 1.363.000% Due 07-01-4783,468 FN MA3276 105.75 88,268 105.50 88,058 0.30 2,921 243 1.153.500% Due 02-01-48154,080 FN MA3305 103.02 158,726 105.54 162,613 0.55 5,393 449 1.273.500% Due 03-01-4853,926 FN POOL MA3638 103.09 55,594 105.97 57,143 0.19 2,157 180 1.234.000% Due 04-01-4992,985 FR RA1343 104.69 97,343 105.94 98,511 0.33 2,790 232 1.383.000% Due 09-01-4988,140 FN MA3834 101.90 89,813 105.39 92,892 0.31 2,644 220 0.933.000% Due 11-01-4992,099 FN MA3871 101.91 93,855 105.39 97,065 0.33 2,763 230 0.953.000% Due 12-01-4993,608 FR QA5517 102.31 95,772 105.39 98,655 0.33 2,808 234 1.103.000% Due 12-01-49Page 236
Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2020YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity97,191 FN MA3960 102.31 99,439 105.39 102,432 0.35 2,916 243 0.723.000% Due 03-01-50Accrued Interest9,052 0.033,379,895 3,546,420 11.99 9,052CORPORATE BONDS100,000 ABBVIE INC 101.31 101,307 104.91 104,908 0.35 2,900 443 0.792.900% Due 11-06-22100,000 GOLDMAN SACHS GROUP INC 101.98101,985 107.17 107,175 0.36 3,625 1,601 0.793.625% Due 01-22-2375,000 STARBUCKS CORP 98.54 73,902 106.43 79,821 0.27 2,325 775 0.673.100% Due 03-01-23100,000 AVALONBAY COMMUNITIES 100.82 100,816 104.03 104,030 0.35 2,850 839 1.332.850% Due 03-15-23100,000 AFLAC INC 104.97 104,975 109.36 109,357 0.37 3,625 161 0.443.625% Due 06-15-23200,000 BANK OF NEW YORK MELLON 97.83195,666 104.53 209,060 0.71 4,400 1,650 0.732.200% Due 08-16-23200,000 JPMORGAN CHASE & CO 105.18 210,362 110.87 221,744 0.75 7,750 3,229 0.793.875% Due 02-01-24100,000 MORGAN STANLEY IND FINANCIAL SRV 103.71 103,711 110.58 110,578 0.37 3,875 667 1.053.875% Due 04-29-24100,000 WELLS FARGO & COMPANY 99.88 99,882 109.55 109,555 0.37 3,300 1,027 0.973.300% Due 09-09-24150,000 KIMCO REALTY CORP 94.92 142,377104.94 157,416 0.53 4,950 2,062 2.163.300% Due 02-01-25150,000 REYNOLDS AMERICAN INC108.47 162,700 112.67 169,011 0.57 6,675 352 1.764.450% Due 06-12-25150,000 CITIGROUP INC 101.65 152,470 111.68 167,521 0.57 5,550 2,605 1.493.700% Due 01-12-26100,000 KROGER CO 99.82 99,820 108.68 108,682 0.37 2,650 559 1.212.650% Due 10-15-26100,000 GENERAL DYNAMICS CORP106.12 106,120 114.33 114,333 0.39 3,500 933 1.283.500% Due 04-01-27100,000 ENBRIDGE INC 101.13 101,135 110.34 110,339 0.37 3,700 1,706 2.113.700% Due 07-15-27100,000 ANHEUSER-BUSCH INBEV WORLDWIDE114.31 114,309 115.41 115,411 0.39 4,000 867 1.864.000% Due 04-13-28100,000 INTEL CORP 105.62 105,622 108.09 108,095 0.37 2,450 313 1.522.450% Due 11-15-29100,000 AT&T INC 119.32 119,320 141.68 141,682 0.48 6,375 2,125 3.526.375% Due 03-01-41100,000 HOME DEPOT INC 115.63 115,627 136.12 136,122 0.46 4,875 1,842 2.784.875% Due 02-15-44100,000 CARDINAL HEALTH 111.47 111,470115.28 115,285 0.39 4,900 1,443 3.944.900% Due 09-15-45Page 237
Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2020YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity100,000 BANK OF AMERICA CORP 106.31 106,308 129.56 129,556 0.44 4,443 1,987 2.884.443% Due 01-20-48100,000 Sysco Corporation 120.54 120,536111.33 111,335 0.38 4,450 1,310 3.794.450% Due 03-15-4875,000 NUTRIEN LTD 99.74 74,803 110.38 82,783 0.28 2,962 395 3.393.950% Due 05-13-50Accrued Interest28,893 0.102,725,224 2,952,692 9.98 28,893DOMESTIC LARGE CAP EQUITY FUNDS/ETF3,435 FLEXSHARES QUAL DIV ETF 40.53 139,217 42.25 145,129 0.49 NA1,530 ISHARES EDGE MSCI USA QUALITY FACTOR ETF 100.59 153,904 95.92 146,758 0.50 NA19,130 SPDR S&P 500 ETF 191.48 3,662,953 308.36 5,898,927 19.95 NA3,956,074 6,190,813 20.93DOMESTIC MID CAP EQUITY FUNDS/ETF16,520 ISHARES CORE S&P MIDCAP 400 ETF 94.45 1,560,293 177.82 2,937,586 9.93 NADOMESTIC SMALL CAP EQUITY FUNDS/ETF20,915 ISHARES S&P SMALLCAP 600 INDEX ETF 40.76 852,599 68.29 1,428,285 4.83 NAINTERNATIONAL EQUITY FUNDS/ETF19,740 ISHARES ETF CORE MSCI EAFE 55.58 1,097,089 57.16 1,128,338 3.82 NA27,805 ISHARES MSCI EAFE INDEX FUND 63.36 1,761,790 60.87 1,692,490 5.72 NA2,858,879 2,820,829 9.54EMERGING MARKET FUNDS/ETF29,115 ISHARES ETF CORE MSCI EMERGING MKTS 42.40 1,234,364 47.60 1,385,874 4.69 NAREAL ESTATE & INFRASTRUCTURE18,130 FLEXSHAR STX GLOBAL BROAD INF ETF 49.27 893,35247.80 866,614 2.93 NA5,225 JPMORGAN BETABUILDERS MSCI US REIT ETF 77.47 404,781 71.33 372,699 1.26 NA1,298,133 1,239,313 4.19U.S. TREASURY 235,000 US TREASURY NOTES 99.34 233,439 101.93 239,545 0.81 4,994 14 0.192.125% Due 06-30-21240,000 US TREASURY NOTES 99.18 238,021101.03 242,474 0.82 2,700 1,127 0.171.125% Due 07-31-2110,000 US TREASURY NOTES 100.66 10,066 102.12 10,212 0.03 200 67 0.182.000% Due 08-31-2150,000 US TREASURY NOTES 99.80 49,898 101.65 50,824 0.17 750 189 0.181.500% Due 09-30-21Page 238
Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2020YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity40,000 US TREASURY NOTES 101.31 40,524 102.73 41,091 0.14 800 2 0.182.000% Due 12-31-21150,000 US TREASURY NOTES 100.09 150,129102.68 154,014 0.52 2,812 1,174 0.181.875% Due 01-31-22515,000 US TREASURY NOTES 99.70 513,478 103.91 535,116 1.81 10,944 30 0.172.125% Due 06-30-22280,000 US TREASURY NOTES 99.72 279,213106.51 298,234 1.01 7,350 2,457 0.182.625% Due 02-28-23150,000 US TREASURY NOTES 99.41 149,109 104.77 157,155 0.53 2,437 411 0.191.625% Due 10-31-23425,000 US TREASURY NOTES 101.53 431,507108.80 462,387 1.56 10,094 3,799 0.232.375% Due 08-15-24205,000 US TREASURY NOTES 104.70 214,633105.07 215,385 0.73 2,819 1,177 0.261.375% Due 01-31-2575,000 US TREASURY NOTES 99.71 74,780 112.16 84,123 0.28 2,062 6 0.302.750% Due 06-30-25210,000 US TREASURY NOTES 99.75 209,482111.96 235,110 0.79 5,250 1,755 0.372.500% Due 02-28-2675,000 US TREASURY NOTES 95.63 71,726 107.17 80,376 0.27 1,219 156 0.391.625% Due 05-15-26250,000 US TREASURY NOTES 95.26 238,145 109.80 274,512 0.93 5,000 639 0.442.000% Due 11-15-26300,000 US TREASURY NOTES 102.38 307,141120.90 362,706 1.23 9,375 1,197 0.573.125% Due 11-15-28240,000 US TREASURY NOTES 101.74 244,179117.18 281,232 0.95 6,300 2,371 0.582.625% Due 02-15-29225,000 US TREASURY NOTES 108.51 244,143108.10 243,229 0.82 3,375 1,270 0.631.500% Due 02-15-30325,000 US TREASURY NOTES 127.11 413,113149.02 484,325 1.64 12,594 4,740 1.143.875% Due 08-15-4055,000 US TREASURY NOTES 117.36 64,546 135.59 74,572 0.25 1,719 647 1.303.125% Due 02-15-43500,000 US TREASURY NOTES 102.98 514,907135.29 676,445 2.29 14,375 1,836 1.392.875% Due 05-15-49Accrued Interest25,062 0.084,692,179 5,228,130 17.68 25,062AGENCIES125,000 FHLB 104.27 130,335 105.88132,356 0.45 2,031 818 0.721.625% Due 03-12-27Accrued Interest818 0.00130,335 133,174 0.45 818CASH AND EQUIVALENTSDIVIDEND ACCRUAL 26,136 26,136 0.09
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Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2020YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityWF ADV GOVT MM FD-INSTL #1751 1,685,760 1,685,760 5.701,711,897 1,711,897 5.79TOTAL PORTFOLIO 24,399,872 29,575,015 100 317,772 63,825
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Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity AmountPURCHASESDOMESTIC SMALL CAP EQUITY FUNDS/ETF06-01-20 06-03-20 ISHARES S&P SMALLCAP 600 INDEX ETF705.0000 47,544.2847,544.28DEPOSITS AND EXPENSESMANAGEMENT FEES06-30-20 06-30-20 MANAGEMENT FEES 4,131.254,131.25DividendDOMESTIC LARGE CAP EQUITY FUNDS/ETF06-19-20 06-19-20 ISHARES EDGE MSCI USA QUALITY FACTOR ETF543.7306-19-20 07-31-20 SPDR S&P 500 ETF 26,136.2106-25-20 06-25-20 FLEXSHARES QUAL DIV ETF1,134.9427,814.88DOMESTIC MID CAP EQUITY FUNDS/ETF06-19-20 06-19-20 ISHARES CORE S&P MIDCAP 400 ETF10,726.87DOMESTIC SMALL CAP EQUITY FUNDS/ETF06-19-20 06-19-20 ISHARES S&P SMALLCAP 600 INDEX ETF4,912.03EMERGING MARKET FUNDS/ETF06-19-20 06-19-20 ISHARES ETF CORE MSCI EMERGING MKTS12,704.65INTERNATIONAL EQUITY FUNDS/ETF06-19-20 06-19-20 ISHARES MSCI EAFE INDEX FUND23,849.38Page 241
Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity Amount06-19-20 06-19-20 ISHARES ETF CORE MSCI EAFE13,816.3237,665.70REAL ESTATE & INFRASTRUCTURE06-25-20 06-25-20 FLEXSHAR STX GLOBAL BROAD INF ETF4,700.1806-26-20 06-26-20 JPMORGAN BETABUILDERS MSCI US REIT ETF3,289.457,989.63101,813.76InterestCASH AND EQUIVALENTS06-01-20 06-01-20 WF ADV GOVT MM FD-INSTL #1751107.38CORPORATE BONDS06-12-20 06-12-20 REYNOLDS AMERICAN INC3,337.504.450% Due 06-12-2506-15-20 06-15-20 AFLAC INC 1,812.503.625% Due 06-15-235,150.00FNMA & FHLMC06-15-20 06-15-20 FHLMC POOL G14203 48.514.000% Due 04-01-2606-15-20 06-15-20 FG POOL G16255 257.932.500% Due 07-01-3206-15-20 06-15-20 FG POOL G08722 749.013.500% Due 09-01-4606-15-20 06-15-20 FG POOL C91270 463.774.500% Due 10-01-29Page 242
Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity Amount06-15-20 06-15-20 FG POOL J30401 299.813.000% Due 01-01-3006-15-20 06-15-20 FG POOL V80057 565.163.000% Due 05-01-4306-15-20 06-15-20 FG G61893 311.093.000% Due 07-01-4706-25-20 06-25-20 FR QA5517 241.903.000% Due 12-01-4906-25-20 06-25-20 FR RA1343 236.523.000% Due 09-01-4906-25-20 06-25-20 FN POOL AJ1405 1,161.544.000% Due 09-01-4106-25-20 06-25-20 FN POOL AT2324 406.083.000% Due 01-01-4306-25-20 06-25-20 FN AS8483 228.093.000% Due 12-01-4606-25-20 06-25-20 FN POOL AS8810 1,429.383.500% Due 02-01-4706-25-20 06-25-20 FN POOL AL3180 362.733.000% Due 05-01-4306-25-20 06-25-20 FN POOL BD2453 248.733.000% Due 01-01-4706-25-20 06-25-20 FNCL POOL 995373 456.894.500% Due 02-01-3906-25-20 06-25-20 FN POOL MA2930 562.264.000% Due 03-01-4706-25-20 06-25-20 FN MA3305 471.543.500% Due 03-01-4806-25-20 06-25-20 FN MA3276 255.793.500% Due 02-01-4806-25-20 06-25-20 FN POOL MA3638 195.894.000% Due 04-01-4906-25-20 06-25-20 FN MA3834 229.553.000% Due 11-01-4906-25-20 06-25-20 FN MA3871 237.373.000% Due 12-01-49Page 243
Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity Amount06-25-20 06-25-20 FN MA3960 245.683.000% Due 03-01-509,665.22U.S. TREASURY 06-30-20 06-30-20 US TREASURY NOTES 400.002.000% Due 12-31-2106-30-20 06-30-20 US TREASURY NOTES 2,496.882.125% Due 06-30-2106-30-20 06-30-20 US TREASURY NOTES 5,471.882.125% Due 06-30-2206-30-20 06-30-20 US TREASURY NOTES 1,031.252.750% Due 06-30-259,400.0124,322.61PRINCIPAL PAYDOWNSFNMA & FHLMC06-15-20 06-15-20 FHLMC POOL G14203 542.45 542.454.000% Due 04-01-2606-15-20 06-15-20 FG POOL G16255 1,804.98 1,804.982.500% Due 07-01-3206-15-20 06-15-20 FG POOL G08722 8,842.22 8,842.223.500% Due 09-01-4606-15-20 06-15-20 FG POOL C91270 2,268.26 2,268.264.500% Due 10-01-2906-15-20 06-15-20 FG POOL J30401 5,042.93 5,042.933.000% Due 01-01-3006-15-20 06-15-20 FG POOL V80057 2,032.59 2,032.593.000% Due 05-01-4306-15-20 06-15-20 FG G61893 3,119.90 3,119.903.000% Due 07-01-4706-25-20 06-25-20 FR QA5517 3,153.23 3,153.233.000% Due 12-01-4906-25-20 06-25-20 FR RA1343 1,621.72 1,621.723.000% Due 09-01-49Page 244
Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity Amount06-25-20 06-25-20 FN POOL AJ1405 8,313.09 8,313.094.000% Due 09-01-4106-25-20 06-25-20 FN POOL AT2324 3,297.76 3,297.763.000% Due 01-01-4306-25-20 06-25-20 FN AS8483 2,317.27 2,317.273.000% Due 12-01-4606-25-20 06-25-20 FN POOL AS8810 21,537.17 21,537.173.500% Due 02-01-4706-25-20 06-25-20 FN POOL AL3180 2,170.08 2,170.083.000% Due 05-01-4306-25-20 06-25-20 FN POOL BD2453 1,750.39 1,750.393.000% Due 01-01-4706-25-20 06-25-20 FNCL POOL 995373 1,935.92 1,935.924.500% Due 02-01-3906-25-20 06-25-20 FN POOL MA2930 7,961.05 7,961.054.000% Due 03-01-4706-25-20 06-25-20 FN MA3305 7,591.58 7,591.583.500% Due 03-01-4806-25-20 06-25-20 FN MA3276 4,232.27 4,232.273.500% Due 02-01-4806-25-20 06-25-20 FN POOL MA3638 4,840.19 4,840.194.000% Due 04-01-4906-25-20 06-25-20 FN MA3834 3,681.57 3,681.573.000% Due 11-01-4906-25-20 06-25-20 FN MA3871 2,848.73 2,848.733.000% Due 12-01-4906-25-20 06-25-20 FN MA3960 1,082.67 1,082.673.000% Due 03-01-50101,988.02101,988.02SALES, MATURITIES, AND CALLSDOMESTIC LARGE CAP EQUITY FUNDS/ETF06-01-20 06-03-20 FLEXSHARES QUAL DIV ETF210.0000 8,857.60
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Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity Amount06-01-20 06-03-20 ISHARES EDGE MSCI USA QUALITY FACTOR ETF90.0000 8,682.1006-01-20 06-03-20 SPDR S&P 500 ETF 1,150.0000 351,811.72369,351.42DOMESTIC MID CAP EQUITY FUNDS/ETF06-01-20 06-03-20 ISHARES CORE S&P MIDCAP 400 ETF1,555.0000 278,358.59EMERGING MARKET FUNDS/ETF06-01-20 06-03-20 ISHARES ETF CORE MSCI EMERGING MKTS1,165.0000 53,553.86INTERNATIONAL EQUITY FUNDS/ETF06-01-20 06-03-20 ISHARES ETF CORE MSCI EAFE310.0000 17,688.2006-01-20 06-03-20 ISHARES MSCI EAFE INDEX FUND295.0000 17,912.1135,600.31REAL ESTATE & INFRASTRUCTURE06-01-20 06-03-20 FLEXSHAR STX GLOBAL BROAD INF ETF905.0000 44,046.4606-01-20 06-03-20 JPMORGAN BETABUILDERS MSCI US REIT ETF125.0000 8,969.8053,016.26U.S. TREASURY 06-02-20 06-03-20 US TREASURY NOTES 190,000 194,282.422.000% Due 08-31-2106-02-20 06-03-20 US TREASURY NOTES 25,000 33,362.302.875% Due 05-15-49227,644.721,017,525.16Page 246
Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TradeDate Date Security Quantity AmountSold Accrued InterestU.S. TREASURY 06-02-20 06-03-20 US TREASURY NOTES 980.982.000% Due 08-31-2106-02-20 06-03-20 US TREASURY NOTES 37.112.875% Due 05-15-491,018.091,018.09WithdrawCASH AND EQUIVALENTS06-02-20 06-02-20 WF ADV GOVT MM FD-INSTL #17511,065,490.0006-22-20 06-22-20 WF ADV GOVT MM FD-INSTL #1751366.731,065,856.731,065,856.73Page 247
Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 Through 06-30-20Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-01-20 1,555.0000 ISHARES CORE S&P MIDCAP 400 ETF146,867.76 278,358.59 131,490.8306-01-20 210.0000 FLEXSHARES QUAL DIV ETF8,511.05 8,857.60 346.5506-01-20 90.0000 ISHARES EDGE MSCI USA QUALITY FACTOR ETF9,053.19 8,682.10 -371.0906-01-20 905.0000 FLEXSHAR STX GLOBAL BROAD INF ETF44,593.68 44,046.46 -547.2206-01-20 125.0000 JPMORGAN BETABUILDERS MSCI US REIT ETF9,683.75 8,969.80 -713.9506-01-20 1,165.0000 ISHARES ETF CORE MSCI EMERGING MKTS49,391.53 53,553.86 4,162.3306-01-20 310.0000 ISHARES ETF CORE MSCI EAFE17,228.85 17,688.20 459.3506-01-20 295.0000 ISHARES MSCI EAFE INDEX FUND18,691.89 17,912.11 -779.7806-01-20 1,150.0000 SPDR S&P 500 ETF 220,198.46 351,811.72 131,613.2606-02-20 190,000 US TREASURY NOTES 191,246.87 194,282.42 3,035.542.000% Due 08-31-2106-02-20 25,000 US TREASURY NOTES 25,745.36 33,362.30 7,616.942.875% Due 05-15-4906-15-20 542.45 FHLMC POOL G14203 567.20 542.45 -24.754.000% Due 04-01-2606-15-20 1,804.98 FG POOL G16255 1,799.62 1,804.98 5.362.500% Due 07-01-3206-15-20 8,842.22 FG POOL G08722 9,026.66 8,842.22 -184.443.500% Due 09-01-4606-15-20 2,268.26 FG POOL C91270 2,396.91 2,268.26 -128.654.500% Due 10-01-2906-15-20 5,042.93 FG POOL J30401 5,108.33 5,042.93 -65.403.000% Due 01-01-3006-15-20 2,032.59 FG POOL V80057 2,037.35 2,032.59 -4.763.000% Due 05-01-4306-15-20 3,119.90 FG G61893 3,155.49 3,119.90 -35.593.000% Due 07-01-47Page 248
Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 Through 06-30-20Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-25-20 3,153.23 FR QA5517 3,226.15 3,153.23 -72.923.000% Due 12-01-4906-25-20 1,621.72 FR RA1343 1,697.74 1,621.72 -76.023.000% Due 09-01-4906-25-20 8,313.09 FN POOL AJ1405 8,685.88 8,313.09 -372.794.000% Due 09-01-4106-25-20 3,297.76 FN POOL AT2324 3,304.46 3,297.76 -6.703.000% Due 01-01-4306-25-20 2,317.27 FN AS8483 2,385.70 2,317.27 -68.433.000% Due 12-01-4606-25-20 21,537.17 FN POOL AS8810 21,976.33 21,537.17 -439.163.500% Due 02-01-4706-25-20 2,170.08 FN POOL AL3180 2,174.49 2,170.08 -4.413.000% Due 05-01-4306-25-20 1,750.39 FN POOL BD2453 1,748.48 1,750.39 1.913.000% Due 01-01-4706-25-20 1,935.92 FNCL POOL 995373 2,065.99 1,935.92 -130.074.500% Due 02-01-3906-25-20 7,961.05 FN POOL MA2930 8,244.66 7,961.05 -283.614.000% Due 03-01-4706-25-20 7,591.58 FN MA3305 7,820.51 7,591.58 -228.933.500% Due 03-01-4806-25-20 4,232.27 FN MA3276 4,475.63 4,232.27 -243.363.500% Due 02-01-4806-25-20 4,840.19 FN POOL MA3638 4,989.93 4,840.19 -149.744.000% Due 04-01-4906-25-20 3,681.57 FN MA3834 3,751.46 3,681.57 -69.893.000% Due 11-01-4906-25-20 2,848.73 FN MA3871 2,903.03 2,848.73 -54.303.000% Due 12-01-4906-25-20 1,082.67 FN MA3960 1,107.71 1,082.67 -25.043.000% Due 03-01-50TOTAL GAINS 278,732.08TOTAL LOSSES -5,081.01845,862.12 1,119,513.18 273,651.06
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Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security AmountWF ADV GOVT MM FD-INSTL #175106-01-20 Beginning Balance 1,578,630.0206-01-20 06-03-20 wd Purchase ISHARES S&P SMALLCAP 600 INDEX ETF-47,544.2806-01-20 06-03-20 dp Sale ISHARES CORE S&P MIDCAP 400 ETF278,358.5906-01-20 06-03-20 dp Sale FLEXSHARES QUAL DIV ETF 8,857.6006-01-20 06-03-20 dp Sale ISHARES EDGE MSCI USA QUALITY FACTOR ETF8,682.1006-01-20 06-03-20 dp Sale FLEXSHAR STX GLOBAL BROAD INF ETF44,046.4606-01-20 06-03-20 dp Sale JPMORGAN BETABUILDERS MSCI US REIT ETF8,969.8006-01-20 06-03-20 dp Sale ISHARES ETF CORE MSCI EMERGING MKTS53,553.8606-01-20 06-03-20 dp Sale ISHARES ETF CORE MSCI EAFE 17,688.2006-01-20 06-03-20 dp Sale ISHARES MSCI EAFE INDEX FUND17,912.1106-01-20 06-03-20 dp Sale SPDR S&P 500 ETF 351,811.7206-01-20 06-01-20 dp Interest WF ADV GOVT MM FD-INSTL #1751107.3806-02-20 06-02-20 wd Withdrawal from Portfolio -1,065,490.0006-02-20 06-03-20 dp Sale US TREASURY NOTES 194,282.422.000% Due 08-31-2106-02-20 06-03-20 dp Accrued Interest US TREASURY NOTES 980.982.000% Due 08-31-2106-02-20 06-03-20 dp Sale US TREASURY NOTES 33,362.302.875% Due 05-15-4906-02-20 06-03-20 dp Accrued Interest US TREASURY NOTES 37.112.875% Due 05-15-49Page 250
Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security Amount06-12-20 06-12-20 dp Interest REYNOLDS AMERICAN INC 3,337.504.450% Due 06-12-2506-15-20 06-15-20 dp Interest AFLAC INC 1,812.503.625% Due 06-15-2306-15-20 06-15-20 dp Paydown FHLMC POOL G14203 542.454.000% Due 04-01-2606-15-20 06-15-20 dp Interest FHLMC POOL G14203 48.514.000% Due 04-01-2606-15-20 06-15-20 dp Interest FG POOL G16255 257.932.500% Due 07-01-3206-15-20 06-15-20 dp Paydown FG POOL G16255 1,804.982.500% Due 07-01-3206-15-20 06-15-20 dp Paydown FG POOL G08722 8,842.223.500% Due 09-01-4606-15-20 06-15-20 dp Interest FG POOL G08722 749.013.500% Due 09-01-4606-15-20 06-15-20 dp Interest FG POOL C91270 463.774.500% Due 10-01-2906-15-20 06-15-20 dp Paydown FG POOL C91270 2,268.264.500% Due 10-01-2906-15-20 06-15-20 dp Paydown FG POOL J30401 5,042.933.000% Due 01-01-3006-15-20 06-15-20 dp Interest FG POOL J30401 299.813.000% Due 01-01-3006-15-20 06-15-20 dp Interest FG POOL V80057 565.163.000% Due 05-01-4306-15-20 06-15-20 dp Paydown FG POOL V80057 2,032.593.000% Due 05-01-4306-15-20 06-15-20 dp Paydown FG G61893 3,119.903.000% Due 07-01-47Page 251
Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security Amount06-15-20 06-15-20 dp Interest FG G61893 311.093.000% Due 07-01-4706-19-20 06-19-20 dp Dividend ISHARES MSCI EAFE INDEX FUND23,849.3806-19-20 06-19-20 dp Dividend ISHARES ETF CORE MSCI EAFE 13,816.3206-19-20 06-19-20 dp Dividend ISHARES ETF CORE MSCI EMERGING MKTS12,704.6506-19-20 06-19-20 dp Dividend ISHARES CORE S&P MIDCAP 400 ETF10,726.8706-19-20 06-19-20 dp Dividend ISHARES S&P SMALLCAP 600 INDEX ETF4,912.0306-19-20 06-19-20 dp Dividend ISHARES EDGE MSCI USA QUALITY FACTOR ETF543.7306-22-20 06-22-20 wd Withdrawal from Portfolio -366.7306-25-20 06-25-20 dp Dividend FLEXSHAR STX GLOBAL BROAD INF ETF4,700.1806-25-20 06-25-20 dp Dividend FLEXSHARES QUAL DIV ETF 1,134.9406-25-20 06-25-20 dp Interest FR QA5517 241.903.000% Due 12-01-4906-25-20 06-25-20 dp Paydown FR QA5517 3,153.233.000% Due 12-01-4906-25-20 06-25-20 dp Interest FR RA1343 236.523.000% Due 09-01-4906-25-20 06-25-20 dp Paydown FR RA1343 1,621.723.000% Due 09-01-4906-25-20 06-25-20 dp Paydown FN POOL AJ1405 8,313.094.000% Due 09-01-4106-25-20 06-25-20 dp Interest FN POOL AJ1405 1,161.544.000% Due 09-01-4106-25-20 06-25-20 dp Interest FN POOL AT2324 406.083.000% Due 01-01-43Page 252
Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security Amount06-25-20 06-25-20 dp Paydown FN POOL AT2324 3,297.763.000% Due 01-01-4306-25-20 06-25-20 dp Paydown FN AS8483 2,317.273.000% Due 12-01-4606-25-20 06-25-20 dp Interest FN AS8483 228.093.000% Due 12-01-4606-25-20 06-25-20 dp Interest FN POOL AS8810 1,429.383.500% Due 02-01-4706-25-20 06-25-20 dp Paydown FN POOL AS8810 21,537.173.500% Due 02-01-4706-25-20 06-25-20 dp Paydown FN POOL AL3180 2,170.083.000% Due 05-01-4306-25-20 06-25-20 dp Interest FN POOL AL3180 362.733.000% Due 05-01-4306-25-20 06-25-20 dp Interest FN POOL BD2453 248.733.000% Due 01-01-4706-25-20 06-25-20 dp Paydown FN POOL BD2453 1,750.393.000% Due 01-01-4706-25-20 06-25-20 dp Paydown FNCL POOL 995373 1,935.924.500% Due 02-01-3906-25-20 06-25-20 dp Interest FNCL POOL 995373 456.894.500% Due 02-01-3906-25-20 06-25-20 dp Interest FN POOL MA2930 562.264.000% Due 03-01-4706-25-20 06-25-20 dp Paydown FN POOL MA2930 7,961.054.000% Due 03-01-4706-25-20 06-25-20 dp Paydown FN MA3305 7,591.583.500% Due 03-01-4806-25-20 06-25-20 dp Interest FN MA3305 471.543.500% Due 03-01-48Page 253
Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security Amount06-25-20 06-25-20 dp Interest FN MA3276 255.793.500% Due 02-01-4806-25-20 06-25-20 dp Paydown FN MA3276 4,232.273.500% Due 02-01-4806-25-20 06-25-20 dp Paydown FN POOL MA3638 4,840.194.000% Due 04-01-4906-25-20 06-25-20 dp Interest FN POOL MA3638 195.894.000% Due 04-01-4906-25-20 06-25-20 dp Interest FN MA3834 229.553.000% Due 11-01-4906-25-20 06-25-20 dp Paydown FN MA3834 3,681.573.000% Due 11-01-4906-25-20 06-25-20 dp Paydown FN MA3871 2,848.733.000% Due 12-01-4906-25-20 06-25-20 dp Interest FN MA3871 237.373.000% Due 12-01-4906-25-20 06-25-20 dp Interest FN MA3960 245.683.000% Due 03-01-5006-25-20 06-25-20 dp Paydown FN MA3960 1,082.673.000% Due 03-01-5006-26-20 06-26-20 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF3,289.4506-30-20 06-30-20 dp Interest US TREASURY NOTES 400.002.000% Due 12-31-2106-30-20 06-30-20 dp Interest US TREASURY NOTES 2,496.882.125% Due 06-30-2106-30-20 06-30-20 dp Interest US TREASURY NOTES 5,471.882.125% Due 06-30-22Page 254
Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-20 To 06-30-20Trade Settle TranDate Date Code Activity Security Amount06-30-20 06-30-20 dp Interest US TREASURY NOTES 1,031.252.750% Due 06-30-2506-30-20 Ending Balance 1,685,760.44DIVIDEND ACCRUAL06-01-20 Beginning Balance 0.0006-19-20 07-31-20 dp Dividend SPDR S&P 500 ETF 26,136.2106-30-20 Ending Balance 26,136.21
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Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2020Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest IncomeFNMA & FHLMC3128MC3L7 256,397.0000 14,010.5000 FHLMC POOL G14203104.562501 14,649.73 106.0120014,852.81 46.70 560.423128MFE46 190,000.0000 122,001.3800 FG POOL G16255 99.703123 121,639.19 106.33200 129,726.51 254.17 3,050.033128MJYU8 477,000.0000 247,962.6600 FG POOL G08722 102.085937 253,135.01 106.81400 264,858.84 723.22 8,678.693128P7MT7 2,000,000.0000 121,404.9200 FG POOL C91270 105.671877 128,290.86 108.75700 132,036.35 455.27 5,463.2231307LNS3 301,000.0000 114,882.3500 FG POOL J30401 101.296875 116,372.23 107.01300 122,939.05 287.21 3,446.473132L5B28 450,000.0000 224,033.1800 FG POOL V80057 100.234376 224,558.26 109.09900 244,417.96 560.08 6,721.0031335CC69 150,000.0000 121,317.9900 FG G61893 101.140626 122,701.77 105.86400 128,432.08 303.29 3,639.543133A0DW1 100,000.0000 93,607.5100 FR QA5517 102.312497 95,772.18 105.39200 98,654.83 234.02 2,808.233133KGP44 100,000.0000 92,984.8100 FR RA1343 104.687501 97,343.47 105.94300 98,510.90 232.46 2,789.543138ASR38 1,500,000.0000 340,148.6200 FN POOL AJ1405 104.484375 355,402.16 109.79800 373,476.38 1,133.83 13,605.943138EKRA5 374,582.0000 159,132.4900 FN POOL AT2324 100.203126 159,455.73 108.56100 172,755.82 79.57 4,773.973138WJM96 125,000.0000 88,920.0100 FN AS8483 102.953126 91,545.93 105.82400 94,098.71 222.30 2,667.603138WJYG7 783,285.0000 468,537.3900 FN POOL AS8810 102.039062478,091.16 106.04700 496,869.85 1,366.57 16,398.813138WPSN5 335,507.0000 142,920.2000 FN POOL AL3180 100.203125 143,210.51 108.56200 155,157.03 357.30 4,287.613140F9WP6 139,000.0000 97,739.8600 FN POOL BD2453 99.890625 97,632.96 108.08700 105,644.08 244.35 2,932.2031416BXA1 4,000,000.0000 119,900.4800 FNCL POOL 995373 106.718781 127,956.33 111.09100 133,198.64 449.63 5,395.5231418CHG2 148,000.0000 160,717.5700 FN POOL MA2930 103.562500 166,443.13 106.73100 171,535.47 535.73 6,428.7031418CU77 225,000.0000 154,079.7000 FN MA3305 103.015627 158,726.17 105.53800 162,612.63 449.40 5,392.7931418CUA0 125,000.0000 83,468.0900 FN MA3276 105.750001 88,267.51 105.49900 88,058.00 243.45 2,921.3831418DBG6 101,000.0000 53,925.9100 FN POOL MA3638 103.093756 55,594.25 105.96600 57,143.13 179.75 2,157.0431418DHL9 100,000.0000 88,139.9300 FN MA3834 101.898438 89,813.21 105.39200 92,892.44 220.35 2,644.2031418DJR4 100,000.0000 92,099.4900 FN MA3871 101.906254 93,855.14 105.39200 97,065.49 230.25 2,762.9831418DMJ8 100,000.0000 97,191.0700 FN MA3960 102.312502 99,438.62 105.39200 102,431.61 242.98 2,915.73Accrued I9,051.873,379,895.49 3,546,420.47 9,051.87 112,441.62CORPORATE BONDS001055AL6 100,000.0000 100,000.0000 AFLAC INC 104.975000104,975.00 109.35700 109,357.00 161.11 3,625.0000206RDG4 100,000.0000 100,000.0000 AT&T INC 119.320000119,320.00 141.68200 141,682.00 2,125.00 6,375.0000287YAL3 100,000.0000 100,000.0000 ABBVIE INC 101.307000101,307.00 104.90800 104,908.00 443.06 2,900.00035240AL4 100,000.0000 100,000.0000 ANHEUSER-BUSCH INBEV WORLDWIDE114.309000 114,309.00 115.41100 115,411.00 866.67 4,000.0005348EAR0 100,000.0000 100,000.0000 AVALONBAY COMMUNITIES 100.816000 100,816.00 104.03000 104,030.00 839.17 2,850.0006051GGG8100,000.0000 100,000.0000 BANK OF AMERICA CORP 106.308000 106,308.00 129.55600 129,556.00 1,987.01 4,443.0006406FAD5 200,000.0000 200,000.0000 BANK OF NEW YORK MELLON 97.833000 195,666.00 104.53000 209,060.00 1,650.00 4,400.0014149YBD9 100,000.0000 100,000.0000 CARDINAL HEALTH 111.470000 111,470.00 115.28500 115,285.00 1,442.78 4,900.00172967KG5 150,000.0000 150,000.0000 CITIGROUP INC 101.647000 152,470.50 111.68100 167,521.50 2,605.42 5,550.0029250NAR6 100,000.0000 100,000.0000 ENBRIDGE INC 101.135000 101,135.00 110.33900 110,339.00 1,706.11 3,700.00369550BL1 100,000.0000 100,000.0000 GENERAL DYNAMICS CORP106.120000 106,120.00 114.33300 114,333.00 933.33 3,500.0038141GRD8 100,000.0000 100,000.0000 GOLDMAN SACHS GROUP INC 101.985000 101,985.00 107.17500 107,175.00 1,601.04 3,625.00437076BD3 100,000.0000 100,000.0000 HOME DEPOT INC 115.627000 115,627.00 136.12200 136,122.00 1,841.67 4,875.00458140BH2 100,000.0000 100,000.0000 INTEL CORP 105.622000105,622.00 108.09500 108,095.00 313.06 2,450.0046625HJT8 200,000.0000 200,000.0000 JPMORGAN CHASE & CO105.181000 210,362.00 110.87200 221,744.00 3,229.17 7,750.0049446RAU3 150,000.0000 150,000.0000 KIMCO REALTY CORP94.918000 142,377.00 104.94400 157,416.00 2,062.50 4,950.00501044DE8 100,000.0000 100,000.0000 KROGER CO 99.820000 99,820.00 108.68200 108,682.00 559.44 2,650.0061746BDQ6 100,000.0000 100,000.0000 MORGAN STANLEY IND FINANCIAL S103.711000 103,711.00 110.57800 110,578.00 667.36 3,875.0067077MAX6 75,000.0000 75,000.0000 NUTRIEN LTD 99.738000 74,803.50 110.37700 82,782.75 395.00 2,962.50
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Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2020Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest Income761713BG0 150,000.0000 150,000.0000 REYNOLDS AMERICAN INC108.467000 162,700.50 112.67400 169,011.00 352.29 6,675.00855244AN9 75,000.0000 75,000.0000 STARBUCKS CORP 98.53600073,902.00 106.42800 79,821.00 775.00 2,325.00871829BH9 100,000.0000 100,000.0000 Sysco Corporation120.536000 120,536.00 111.33500 111,335.00 1,310.28 4,450.0094974BGA2 100,000.0000 100,000.0000 WELLS FARGO & COMPANY 99.882000 99,882.00 109.55500 109,555.00 1,026.67 3,300.00Accrued I28,893.122,725,224.50 2,952,692.37 28,893.12 96,130.50DOMESTIC LARGE CAP EQUITY FUNDS/ETF33939L860 3,435.0000 3,435.0000 FLEXSHARES QUAL DIV ETF 40.528831 139,216.54 42.25000 145,128.75 0.0046432F339 1,530.0000 1,530.0000 ISHARES EDGE MSCI USA QUALITY 100.591006 153,904.24 95.92000146,757.60 0.0078462F103 19,130.0000 19,130.0000 SPDR S&P 500 ETF 191.476919 3,662,953.46 308.36000 5,898,926.80 0.003,956,074.23 6,190,813.15 0.00DOMESTIC MID CAP EQUITY FUNDS/ETF464287507 16,520.0000 16,520.0000 ISHARES CORE S&P MIDCAP 400 ET94.448721 1,560,292.88177.82000 2,937,586.40 0.00DOMESTIC SMALL CAP EQUITY FUNDS/ETF464287804 20,915.0000 20,915.0000 ISHARES S&P SMALLCAP 600 INDEX40.764930 852,598.52 68.29000 1,428,285.35 0.00INTERNATIONAL EQUITY FUNDS/ETF464287465 27,805.0000 27,805.0000 ISHARES MSCI EAFE INDEX FUND 63.362347 1,761,790.06 60.87000 1,692,490.35 0.0046432F842 19,740.0000 19,740.0000 ISHARES ETF CORE MSCI EAFE 55.576938 1,097,088.75 57.16000 1,128,338.40 0.002,858,878.81 2,820,828.75 0.00EMERGING MARKET FUNDS/ETF46434G103 29,115.0000 29,115.0000 ISHARES ETF CORE MSCI EMERGING42.396161 1,234,364.2247.60000 1,385,874.00 0.00REAL ESTATE & INFRASTRUCTURE33939L795 18,130.0000 18,130.0000 FLEXSHAR STX GLOBAL BROAD INF 49.274786 893,351.87 47.80000866,614.00 0.0046641Q738 5,225.0000 5,225.0000 JPMORGAN BETABUILDERS MSCI US 77.470004 404,780.77 71.33000372,699.25 0.001,298,132.64 1,239,313.25 0.00U.S. TREASURY 912810QK7 325,000.0000 325,000.0000 US TREASURY NOTES 127.111805 413,113.37 149.02300 484,324.75 4,739.96 12,593.75912810QZ4 55,000.0000 55,000.0000 US TREASURY NOTES 117.355473 64,545.51 135.58600 74,572.30 646.89 1,718.75912810SH2 500,000.0000 500,000.0000 US TREASURY NOTES 102.981445 514,907.22 135.28900 676,445.00 1,835.94 14,375.009128284A5 280,000.0000 280,000.0000 US TREASURY NOTES 99.718751 279,212.50 106.51200 298,233.60 2,456.66 7,350.009128285M8 300,000.0000 300,000.0000 US TREASURY NOTES 102.380210 307,140.63 120.90200 362,706.00 1,197.35 9,375.009128286B1 240,000.0000 240,000.0000 US TREASURY NOTES 101.741271 244,179.05 117.18000 281,232.00 2,371.15 6,300.009128286F2 210,000.0000 210,000.0000 US TREASURY NOTES 99.753551 209,482.46 111.95700 235,109.70 1,754.76 5,250.00912828D56 425,000.0000 425,000.0000 US TREASURY NOTES 101.531020 431,506.83 108.79700 462,387.25 3,799.02 10,093.75912828D72 10,000.0000 10,000.0000 US TREASURY NOTES100.656250 10,065.62 102.1210010,212.10 66.85 200.00912828R36 75,000.0000 75,000.0000 US TREASURY NOTES 95.634709 71,726.03 107.16800 80,376.00 155.66 1,218.75912828S76 240,000.0000 240,000.0000 US TREASURY NOTES 99.175343 238,020.82 101.03100 242,474.40 1,127.47 2,700.00912828T91 150,000.0000 150,000.0000 US TREASURY NOTES 99.406253 149,109.38 104.77000 157,155.00 410.67 2,437.50912828U24 250,000.0000 250,000.0000 US TREASURY NOTES 95.257812 238,144.53 109.80500 274,512.50 638.59 5,000.00
Page 257
Alaska Permanent Capital Management Co.PORTFOLIO APPRAISAL sort by CUSIPCITY OF KENAI PERMANENT FUNDSJune 30, 2020Unit Total Market Accrued AnnualCusip9 Original Face Quantity Security Cost Cost Price Value Interest Income912828U81 40,000.0000 40,000.0000 US TREASURY NOTES101.310269 40,524.11 102.72700 41,090.80 2.17 800.00912828V72 150,000.0000 150,000.0000 US TREASURY NOTES 100.085940 150,128.91 102.67600 154,014.00 1,174.45 2,812.50912828WR7 235,000.0000 235,000.0000 US TREASURY NOTES 99.335939 233,439.46 101.93400 239,544.90 13.57 4,993.75912828XG0 515,000.0000 515,000.0000 US TREASURY NOTES 99.704454 513,477.94 103.90600 535,115.90 29.74 10,943.75912828XZ8 75,000.0000 75,000.0000 US TREASURY NOTES 99.707033 74,780.27 112.16400 84,123.00 5.60 2,062.50912828YJ3 50,000.0000 50,000.0000 US TREASURY NOTES 99.796876 49,898.44 101.64800 50,824.00 188.52 750.00912828Z52 205,000.0000 205,000.0000 US TREASURY NOTES 104.699220 214,633.40 105.06600 215,385.30 1,177.06 2,818.75912828Z94 225,000.0000 225,000.0000 US TREASURY NOTES 108.507813 244,142.58 108.10200 243,229.50 1,270.26 3,375.00Accrued I25,062.344,692,179.07 5,228,130.34 25,062.34 107,168.75AGENCIES3130AJ4B2 125,000.0000 125,000.0000 FHLB 104.268000 130,335.00 105.88500 132,356.25 818.14 2,031.25Accrued I818.14130,335.00 133,174.39 818.14 2,031.25CASH AND EQUIVALENTSDIVIDEND ACCRUAL 26,136.21 26,136.21 0.00VP4560000 WF ADV GOVT MM FD-INSTL #1751 1,685,760.44 1,685,760.44 0.001,711,896.65 1,711,896.65 0.00TOTAL PORTFOLIO24,399,872.01 29,575,015.12 63,825.47 317,772.12
Page 258
Officers:
President—June Harris
Vice President—Virginia Walters
Secretary—Sharon Fisher
Treasurer—Ron Fullinck
Board of Directors:
Jim Glendenning Joe Harris
Henry Knackstedt Bill Nelson
Marion Nickelson Frosty Walters
KENAI HISTORICAL SOCIETY NEWSLETTER
Written by Sharon Fisher
If you would like to contribute ideas and information to the newsletter, please contact me at 776-8254. I welcome and would
entertain any ideas you may have for articles, and would appreciate being contacted if you see errors in the information con-
tained in the newsletter.
August 2020 Newsletter
Kenai Historical Society
P.O. Box 1348
Kenai, Alaska 99611
INSIDE THIS
ISSUE:
• PRESERVING HISTORY
• EXPLORING THE HIS-
TORY OF AGRICUL-
TURE IN THE KENAI
AREA IN THE LATE
1800s
• JANUARY 2020 MEET-
ING MINUTES
• ANNOUNCEMENTS
PRESERVING HISTORY
It happens to me from time to time as I meander through my normal
daily routines, that something unexpected will come to my attention
and consume time and thought that I had not been expecting to
spend. As I have become increasingly interested in the history of Ke-
nai over the last four decades, I occasionally run across a little gem of
information that puts another piece of the puzzle into place. I was
cruising through my facebook page the other day, and on the site
“Alaska History and You” there was a post from Coleen Walker Miel-
ke on First South Central Alaska Farmers 1898-1904. Address is:
http://freepages.rootsweb.com/~coleen/genealogy/farming.html?
fbclid=IwAR3ZuEU4tpkevwu3bzxoPrSjd-
G2CgSWpsIkRUY6El0tTXOs-6j7ZHj-dKg
I read about letters that were sent from various locations in South
Central Alaska to C. C. Georgeson of Sitka, Alaska. The letters were
part of an experimental farming program initiated by the U.S. Depart-
ment of Agriculture, to determine (among other things) whether veg-
etables could be successfully grown in south central Alaska.
From 1899-1906, Georgeson, who was the agent in charge for the
Alaska Agricultural Experiment Station in Sitka, sent a variety of veg-
etable seeds to settlements, trading posts and roadhouses around
south central Alaska. He asked that the seeds be planted and a letter
describing their success or failure be sent to him after the season was
over.
Page 259
From 1899-1906, Georgeson, who was the agent in charge for the Alaska Agri-
cultural Experiment Station in Sitka, sent a variety of vegetable seeds to
settlements, trading posts and roadhouses around south central Alaska. He
asked that the seeds be planted and a letter describing their success or
failure be sent to him after the season was over.
The following letters from Knik, Tyonek, Kenai and Sunrise are a rare in-
sight to those first farming attempts.
7/22/1899 Hope City Cook Inlet, Alaska
To: C. C. Georgeson
Alaska Agricultural Experiment Station
Sitka, Alaska
Dear Sir:
We received and distributed the vegetable and flower seeds you sent us this
spring. Some of them we retained for our own use.
In 1898, we grew the following crops:
POTATOES: planted from 5/26 to 6/1; harvested from 8/25 to 10/4. On 600
square yards, we harvested 2,326 pounds. This is at 340 bushels to the acre.
They are not first quality, however, being a little watery.
CABBAGE: Early York, transplanted 5/25; good for table 8/23. The average
weight of heads was about 3 pounds.
RUTA-BAGAS: Sown 5/26, they grew as well as anywhere. Pulled 10/2, best
weighed 5½ pounds.
TURNIPS: Purple Top; broadcast sown 5/26, ready for table 7/27. Best weight
10/2 was 6½ pounds.
BEETS: Early Blood Turnip; sown 5/26. Average weight 10/2 was from 1/2 pound
to 1 pound.
CARROTS: Danvers Orange Half Long; sown 5/26; ready for table 8/20. They
were very small, only 1½" in diameter. The same applies to parsnips.
RADISHES: Can be sown from 5/10 to 8/10 and may always be depended on to
yield large crop. We began to pull ours last year 6/15.
ONIONS: Were, with us, a total failure
Respectfully yours,
Roll Bros.
per G. Roll
Hope, Alaska
Page 260
9/24/1900 Kenai, Alaska
To: C. C. Georgeson
Alaska Agricultural Experiment Station
Sitka, Alaska
Sir:
I will mention at the outset that we have had a very unfavorable summer.
Long droughts in the spring (almost 2 months) and cold winds. All this, of
course, reflected upon our planting.
In regard to the cultivation of the ground and planting of vegetables among
the natives of Cook Inlet, I must say with great pleasure that a big step
has been taken forward. Not more than three years back, by my parishioners,
not excluding creoles, did not know how to eat lettuce, cabbage and radish-
es, let alone planting any. They planted only potatoes and turnips and this
on a small scale. In some of the settlements, as Seldovia, English Bay and
Knik, there was not a single garden. At present things are different.
Gardens have sprung up where there were none. Where they were on a small
scale, as Kenai and Tyonek, they increased in dimensions.
The request for seed is great. What you have sent last spring was enough
for only Kenai, Ninilchik and Knik, so I was obliged to refuse people from
the other four settlements. The natives of Kenai are very fond of turnips.
We really need seed by the pounds and not by the packages.
It would be positively a great kindness if the Government, once for all,
would send some seed potatoes for some of our natives. They are very anx-
ious to raise some potatoes and thereby improve their material condition,
but they have no seed and no money to buy any with. In this connection the
Government would render the natives here a very great service and by this,
better their condition and accustom them to the cultivation of vegetables.
We hope, my dear Professor, that you will look upon our request with sympa-
thy.
In conclusion, we earnestly ask you to accept our sincere thanks and deep
gratitude for your past kindness and attention to us.
Very respectfully yours,
Rev. Ivan Bortnofsky
Kenai, Alaska
I would encourage you to follow up on the link I gave you on page 1, because Ms. Mielke has a
wealth of historic research that might be of interest. Her focus is the Mat-Su area, but there is infor-
mation on other areas as well. On the following pages I have reprinted a portion of the newsletter
from February 2020 that had articles on agricultural efforts in Kenai in the late 1890s through early
1900s. I wanted to keep the information together so decided to reprint those articles.
Sharon Fisher, Editor
Page 261
4
As a result of the publication of the following article in the Peninsula Clarion by Matt Browser in the
Refuge Notebook section, dated January 10, 2020, I responded by sending the author an article from
the Kenai Historical Society that was published in February 2014. I posed the thought to him that as a
result of that early exploration of Kenai in 1897 -98, the establishment of an agricultural experiment
station was perhaps implemented. The two events may not have been related, but the proximity of the
dates would certainly suggest otherwise.
Page 262
Page 263
6
The following is a reprint of an article in the Kenai Historical Society Newsletter for
February 2014 that discusses an Agricultural Station that existed in Kenai at the turn of
the century beginning in 1899. The article begins by talking about how the Society had
been unpacking items stored for a number of years, and coming across the Alaska (in
Kenai) Agricultural Experiment Station.
******************************************************************************
The following information comes from a “treasure” I unearthed from one of the boxes, plus a little
additional research I did via computer. I was unaware that Kenai was home to an Alaska Agricultural
Experiment Station from 1899 to 1908 until I came across a binder that was put together about 35
years ago by a former Kenai Historical member named Frost Jones. I was aware of Frost as a painter,
but apparently she was involved in the Kenai Historical Society and had somehow learned of the exist-
ence of this station. She wanted to obtain a copy of a 1902 government bulletin that she had seen
years ago, but no longer had access to. She wrote to the Cooperative Extension Service and they for-
warded her letter to the University, and eventually she obtained a Xerox copy of part of a U.S. Depart-
ment of Agriculture Annual Report of the Office of Experiment Station.
From some internet research I did, I learned that in 1897 Congress instructed the Department of Agri-
culture to investigate the agricultural potential of Alaska. It was decided to establish an agricultural
experiment station in Alaska and a Dr. Georgeson headed the effort by opening a station in Sitka in
1898, with a 2nd station established in Kodiak. By 1899 a 3rd station was established in Kenai. Additional
stations were later added in Rampart and Copper Center in Alaska’s interior.
The Kenai station was under the direction of a Mr. H.P. Nielsen. In October of 1902, he submitted the
following report for the work accomplished during the year:
CLEARING
In addition to work with the experimental crops on the 7 acres previously broken, 8 acres have been
cleared of trees, stumps, and brush, broken, and put in condition for seeding next spring, and the
whole clearing has been fenced.
GENERAL IMPROVEMENTS
Several improvements have been made, mostly in the line of additions to equipment. A 20-shoe
press drill was added last spring, and used in seeding all the field grains. Drilling is a great improve-
ment over broadcasting, owing to the loose character of the soil. A seed cleaner has been added this
fall, and will be used in cleaning this season’s crops. The log house on the station has been complet-
ed and is now quite comfortable. A milch cow and a calf were added to the station herd in July. The
cattle now belonging to the station consist of 2 work oxen, 1 yearling steer, 1 cow, and one 4 1/2 –
months old heifer calf. The stable has been rebuilt to accommodate all of the stock. A corral has
been built adjoining the stable.
About 5 tons of native grass was cut and cured and stacked in July about half of it has been brought
home.
Page 264
Page 265
8
P.O. Box 1348
Kenai, AK 99611 kenaihistory@gmail.com
MINUTES *** February 9, 2020
On Sunday, February 9, 2020, the Kenai Historical Society met at the Kenai Visitor and Cultural Center
in Kenai. President June Harris opened the meeting at 1:35 p.m.
The minutes of the January 2020 meeting were reviewed by the membership and were approved as
written.
The treasure report shows the Alaska USA checking balance stands at $16,980.50 and our Credit Un-
ion Money Market account balance is $10,339.83. The Edward Jones Account is $29,235.91, as of Janu-
ary 31, 2019. Kenai Community Foundation (investment of $50,000 deposit on 2/18/2016) is
$65,150.63 as of 1/31/2019. Motion and 2nd by Joe Harris and Paula Bute and unanimous vote ap-
proved the report.
The Cabin Fund as of 1/31/20 is $12,193.17, with $4,677.00 set aside for the docent position for 2020.
Old Business:
The City of Kenai is holding $17,800 in funds received from the grant by Rasmussen Foundation for the
security system for the cabins. The security cameras have been approved for purchase by the city.
The City of Kenai has drafted a Special Use Permit that shows city ownership the cabins park for the
Kenai Historic Cabins Park to manage; this permit is “on hold” and the Cabins Managers have been re-
ferred to a broker on the subject of “Liability of Visitors”.
The Scholarship applications have been revised slightly and are being sent to the schools.
New Business:
Membership dues have been paid by 17 members; President Harris reminded members to pay the $10
dues in order to renew their membership.
Howard Hill discussed a project idea to list all the stores and businesses currently operating in the Ke-
nai area in order to preserve the information for the future. He and Paula Bute voted to form a commit-
tee for the collection of the information.
The meeting adjourned so that we could enjoy a talk by Pastor Benjamin Phelps on putting together
organizational histories.
Respectfully submitted by Sharon Fisher, Secretary.
Page 266
KENAI HISTORIC SOCIETY
Our Organization
There has been a Historic Society
since the days before Kenai becom-
ing a city. The Society was formed a
few years before Statehood in 1959,
and then went inactive in the early
60’s. It restarted in the latter part of
the 60’s and has met regularly since.
The Society had a museum in Fort
Kenay for some years, and then
continued to meet after that closed.
The non-profit Society implemented
and operates the Kenai Historic
Cabins Park, open for tours in the
summer months. We have office
space at the Moosemeat John cabin,
but are not open to the public in
that building. Our member meetings
are Sept., Nov., Dec., Jan., Feb.,
Mar., and April at the Kenai Visitor
Center. For Oct. and May, we meet
with the Kenai Peninsula Historical
Association. Please check the Meet-
ings and Announcements section on
this page for date information.
MEETINGS AND ANNOUNCEMENTS
Kenai Historical Society Monthly Meeting *
Desserts Potluck
September 13 , 2020 —1:30 p.m.
Kenai Visitor Center
Speaker—Michael Skinner
Speaking on the topic of:
Kenai Historic Cabins Park
Summer of 2020
Board Meeting will follow the regular meeting
PLEASE
PLACE
STAMP
HERE
Kenai Historic Society
P.O. Box 1348
Kenai, AK 99611
Phone: 283-1946
Phone: 776-8254
E-mail: ak.kyaker@yahoo.com
www.facebook.com/Kenai-
Historical-Society
Page 267
AUGUST 19, 2020
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item D.1. Ordinance No. 3127-2020 City Clerk
• Memo Regarding Postponement
Add to item G.11. Response to Governor Dunleavy’s Local
Mitigation Level Recommendations City Manager
• Ketchikan Gateway Borough Mitigation
Plan and Dashboard
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: August 19, 2020
SUBJECT: Substitute Ordinance No. 3127-2020
At the July 1 meeting, it was my understanding that Council decided to postpone this ordinance
until tonight in order to know the outcome of a possible referendum petition on the Kenai Peninsula
Borough’s (KPB) Ordinance 2020-24, KPB’s version of this ordinance. The group seeking to put
the referendum on the borough’s ballot was successful and the matter will appear on the
borough’s ballot on October 6.
If Council would like, this ordinance could be postponed to the October 21st meeting for a final
decision; this would provide the Council with certified results of the election and ultimately whether
the voters of the City and/or the Borough have voted to repeal KPB Ordinance 2020-24.
Kenai Municipal Code 1.15.050(e) requires that any items that remain in a tabled or pending
status at the end of the October 21st meeting be stricken from the list so, October 21st would be
the final opportunity for action as currently presented. Nothing prevents the matter being brought
back up at a future meeting as new legislation.
Your consideration is appreciated.
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Ketchikan COVID-19 Community Risk Communication
This system is intended to provide a framework to support clear decision-making, improve accountability and communicate with the public to ensure necessary behavior change in
response to COVID-19 in our community.
System Rationale
Risk alert-level systems communicate visually the level of health risk and indicate what measures should be taken at each level to maximize safety. In the highest alert stage, there may
be lockdowns that require people to stay home and closures of schools, places of worship and nonessential businesses. As the level of alert is reduced, a stepwise lessening of these
restrictions is possible.
When done well, risk alert-level systems promote transparency, accountability and clear communication with the public.
Transparency: Data Supporting each level of the risk alert system will be publicly available.
Accountability: Evidence-based guidance for each level allows government communities, and individuals to assume responsibility for their actions.
Clear Communication with the Public: Outlining recommended behaviors for each level, and giving the public advance notice of a change in level, can improve protective actions.
Importance of Clear Risk Communication
Risk communication can help achieve widespread behavior change necessary in crisis response, but it must be done well to be effective. If the public perceives a lack of consistency,
competence, objectivity, empathy, sincerity, or transparency the result can be distrust and fear. Conversely, evidence suggests that when the public senses that a response has these
positive characteristics, when information is easily understood and communicated through trusted and accessible channels, and when the necessary services are available, people are
able to make informed choices, protect themselves, and heed recommended practices.
Features of Clear Risk Communication
Consistency
Competence
Objectivity
Empathy
Sincerity
Transparency
Fundamental Questions Risk Communication Should Answer for the Public
What is my level of risk?
How can I act to protect myself and my loved ones?
Is the situation being well controlled/addressed?
1. Determine Current Risk Level
Using the tables below, The risk indicators from the table titled Risk - Report Indicators Past 7 Days contains summarized counts of live data for the 7 days prior to the date listed (this
table is not yet complete, data for additional risk indicators is still being added, when complete each risk indicator will have a corresponding column in this table).
When compared to the metrics in the table titled Risk - Report Metric Indicator Details results in a risk level for each indicator. The overall community risk is equal to the highest level of
any single indicator.
Click Here to see all risk indicator data that is available as opposed to the limited 7 days below.
Risk - Report Indicators Past 7 Days
Day Date
Community
Transmission/ 7
days
Congregate
Cases/ 7 days
Travel Cases/
7days
COVID-19 /Flu Like
Illness
PHKMC
COVID Unit
Utilization
(%)
Healthcare Worker
Infections
Positivity
Rate (%)
Tests/
7days
From
Quarantined
Close Contact
(%)
Contact
Investigations
Complete
<48hrs (%)
Overall Threat
Level
Wednesday 08/12/20 0 0 0 Near Average 0 None 0.10 1036 100 100
Thursday 08/13/20 0 0 0 Near Average 0 None 0.10 953 100 100
Friday 08/14/20 0 0 0 Near Average 0 None 0.24 836 100 100
Saturday 08/15/20 0 0 0 Near Average 0 None 0.21 974 100 100
Sunday 08/16/20 0 0 0 Near Average 0 None 0 21 934 100 100
The document below is a LIVING DOCUMENT comments and suggestions may be submitted to covidquestions@kgbak.us portions of this document may continue to be edited/updated
based on feedback received. Metrics and recommendations are evidence based and subject to change as we continue to learn more about the virus. Change will be published in the
change log below for continued community awareness.
Current Ketchikan Risk Level:
Community Risk Disease Situation Healthcare System Disease Control Recommended General Mitigation Measures*
Level 1 - Low Cases and outbreaks
rare
No healthcare worker
infections
Ability to fully isolate
cases and quarantine
contacts
Minimum:
Can travel outside home with safety measures**
Schools: Staff 100%, Students 100% with safety measures***
Indoor and Outdoor mass gatherings with safety measures** gatherings >500 people requires coordination with
and plan submitted to EOC in advance
Businesses open with safety measures**
Healthcare services with safety measures**
Minimal safe visits to congregate facilities (e.g. nursing homes)
Recreation with safety measures**
How is our current risk level calculated?
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Risk - Report Indicator Metric Details
Category Key Question Indicator Trigger to Raise Level Trigger to Lower Level Level 1 - Low Level 2 - Moderate Level 3 - High Level 4 - Very High
Diseases Situation What is the level of
disease burden and
how is it changing?
New Community
Transmission Cases
Increasing to Meet New
Threshold over 7 Day
Period
Decreasing to meet new
threshold over a 14 day
period
<3 cases/7day 3-4 cases/7days 5-6 cases/7 days 7+ cases/7days
Diseases Situation What is the level of
disease burden and
how is it changing?
Conregate or Industry
Cases
Increasing to Meet New
Threshold over 7 Day
Period
Decreasing to meet new
threshold over a 14 day
period
<5 case/7days 5-7 cases/7 days 8-10 cases/7 days 11+ cases/7 days
Diseases Situation What is the level of
disease burden and
how is it changing?
Travel Cases (not
including seafood
processing Industry)
Increase to Meet New
Threshold over 7 Day
Period
Decreasing to meet new
threshold over a 14 day
period
<5 case/7days 5-7 cases/7 days 8-10 cases/7 days 11+ cases/7 days
Diseases Situation Are there early signs
of a resurgence in
cases?
Syndromic data
(Influenza-like illness or
COVID-19 like illness)
Increasing over 5-day
period
N/A Near Seasonal
Average
Near Seasonal
Average
Above Seasonal
Average and
Decreasing
Above Seasonal
Average and Rising
Healthcare System
Capacity
Do we have bed
capacity for COVID-19
cases?
PHKMC Covid Unit
Utilization
Increasing over 5-day
period
Decreasing over 5-day
period
<25%25%-50%50%-75%>75%
Healthcare System
Capacity
Are we protecting
healthcare workers?
Number of healthcare
worker infections
(acquired in the
workplace)
Increasing over 7-day
period
Decreasing over 7-day
period
No healthcare
worker infections
Decreasing Decreasing Increasing or unknown
Diseases Control Are we testing
enough to detect
cases?
Percentage of positives Increasing over 7-day
period
Decreasing over 7-day
period
<1%1-2%2-3%>3%
Diseases Control Are we testing
enough to detect
cases?
Total testing per 1000**Increasing to Meet New
Threshold over 7 Day
Period
Decreasing to meet new
threshold over a 14 day
period
>7 average/day
>686/week
3-7 average/day
294-685/week
1-3 average/day
98-293/week
<1 average/day
<98/week
Diseases Control Do we have adequate
contact tracing?
Percent of new cases
(close contact and
community transmission)
from quarantined close
contacts
Meet specified threshold
over a 7-day period
Meet specified threshold
over a 7-day period
50% or more 30-49%10-29%<10%
Diseases Control Do we have adequate
contact tracing?
Percent of new contact
investigations completed
within 48 hours
Meet specified threshold
over a 7-day period
Meet specified threshold
over a 7-day period
> 80%50-79%30-49%<30%
Sunday 08/16/20 0 0 0 Near Average 0 None 0.21 934 100 100
Monday 08/17/20 0 0 0 Near Average 0 None 0.23 884 100 100
Tuesday 08/18/20 0 0 0 Near Average 0 None 0.25 799 100 100
2. Review and implement the recommended mitigation measures.
The Unified Command will review the risk indicators, and evaluate potential social and economic impacts of the mitigation measures with the EOC Policy Group prior to setting the
community risk level and updating the dashboard. If it is determined that the economic and social harms from the restrictions outweigh the control benefits this group may decide to
decrease the risk level by one increment only.
The table below titled Risk - Report All Level with General Mitigation outlines each risk level, with an explanation of the disease situation, healthcare system, or disease control status that
would cause each level to be implemented as well as the recommended general mitigation measures that are suggested for implementation in the community. This information will be
displayed on the COVID-19 Dashboard located on Borough COVID-19 Response Information Page.
***NOTE*** Mitigation recommendations listed are just that, a recommendation unless acted on by way of a proclamation of emergency, emergency ordinance, or some other authorized
means.
Risk - Report All Level with General Mitigation
Community Risk Disease Situation Healthcare System Disease Control Recommended General Mitigation Measures*
Level 4 - Very High High burden
Increasing spread
Many outbreaks
Limited capacity to
safely care for cases
Many healthcare
worker infections
Limited or no ability to
isolate cases and
quarantine contacts
Shelter in place:
Stay at home
Schools: All Staff and Students at home***
No gatherings >20 people
Essential services only
Modified healthcare services
No non-essential visits to congregate facilities (e.g. nursing homes)
Recreation locally with safety measures** (e.g. walking)
Level 3 - High Moderate burden
Decreasing spread
Few outbreaks
Some capacity to safely
care for cases
Some healthcare
worker infections
Some ability to isolate
cases and quarantine
contacts
Significant:
Limit non-essential travel outside home
Schools: Staff 100%, Students 50% with safety measures***
Indoor: Limited small <20 mass gatherings with safety precautions (funeral, wedding, etc.)
Outdoor: Limited small <30 gatherings with safety precautions
Businesses limited openings with safety measures**
Modified healthcare serices (e.g. telemedicine, essential care, chronic care)
No non-essential visits to congregate facilities (e.g. nursing homes)
Recreation expanded with saety measures (e.g. low risk) **
Level 2 - Moderate Low burden
Decreasing spread
Outbreaks rare
Full capacity to safely
care for cases
Rare healthcare worker
infections
More ability to isolate
cases and quarantine
contacts
Moderate:
Can travel outside home with safety measures
Schools: Staff 100%, Students 100% with safety measures***
Indoor mid-size gatherings <50 with safety measures**
Outdoor mid-size gatherings <100 with safety measures**
Businesses limited openings with safety measures**
Healthcare services with safety measures (e.g. elective procedures)**
No non-essential visits to congregate facilities (e.g. nursing homes)
Recreation with safety measures**
Level 1 - Low Cases and outbreaks
rare
No healthcare worker
infections
Ability to fully isolate
cases and quarantine
contacts
Minimum:
Can travel outside home with safety measures**
Schools: Staff 100%, Students 100% with safety measures***
Indoor and Outdoor mass gatherings with safety measures** gatherings >500 people requires coordination with
and plan submitted to EOC in advance
Businesses open with safety measures**
Healthcare services with safety measures**
Minimal safe visits to congregate facilities (e.g. nursing homes)
Recreation with safety measures**
* See Detailed Mitigation Measures table for more information. At all levels, individuals should wash hands, cover coughs, wear a mask in public as indicated, stay home if sick, maintain
h i l di t i k f l V l bl l 60 d ld th ith d l i diti i i d h ld i i i t l t id th h
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The table below titled Risk - Report All Detailed Mitigation outlines more detailed recommended mitigation levels for various types organizations, businesses, and events.
Risk - Report All Detailed Mitigation
Community Risk Level Public Health Social Measures
(PHSM)Schools Travel Businesses and Municipal
Government
Bars, Restaurants, Personal Services,
Gyms
Level 4 - Very High Mandate Masks and Social
Distancing outside of private
residence.
KGBSD Smart Start High Risk
Scenario; All Staff and Students at
Home.
Only Critical Infrastructure and
Critical Personal Needs.
Closed except critical infrastructure
or designated essential positions
and telework.
Closed
Level 3 - High Strongly recommend masks and
social distancing be enforced in
communal settings and any public
locations with 5 or more people (i.e.
offices, stores)
KGBSD Smart Start Medium Risk,
Staff 100%, Students 50% (with the
use of annex buildings for extra
space) with additional safety
protocols.
Health Mandate10 plus strongly
recommend In-State travelers to test
or quarantine. Consider providing
traveler testing for In-State travelers
at traveler testing site.
Strongly recommend maximum
reduced capacity to ensure physical
distancing can be maintained not to
exceed 50% capacity, close shared
spaces such as break rooms,
kitchens, etc.
Strongly recommend.
Bars Closed. Restaurants reduce
capacity to ensure physical distancing
not to exceed 50% capacity with
reservation required. Delivery/curbside
pick up if allowed by law.
Personal Services by appointments
only, one customer per each service
provider, no waiting areas.
Gyms no group activities, limit capacity
to 25%
Level 2 - Moderate Strongly recommend masks and
social distancing be enforced in
communal settings, and public
locations with 20 or more people
(i.e. conference rooms, public
meetings, grocery stores, shopping
centers, seafood processing plants,
libraries).
KGBSD Smart Start Medium Risk,
Staff 100%, Students 100% (with
the use of annex buildings for extra
space) with additional safety
protocols.
Health Mandate10 plus recommend
In-State travelers to test or
quarantine.
Strongly recommend reduced
capacity to ensure physical
distancing can be maintained
including, staggered scheduling,
encouragement of teleworking, etc.
Strongly recommend.
Bars and Restaurants reduce capacity
to ensure physical distancing between
parties, recommend reservations
required and encourage
delivery/carryout/curbside pick up if
allowed by law.
Personal Services by appointments
only, no waiting area.
Gyms small group activities outdoors,
limit inside capacity to 50%.
Level 1 - Low Recommend Masks in specific
settings where social distancing can
not be maintained.
KGBSD Smart Start Low Risk, Staff
100%, Students 100% (with the use
of annex buildings for extra space).
Health Mandate 10 plus recommend
In-State travelers to test or
quarantine.
Recommend following all PHSM
outlined in the Reopen Alaska
Responsibly plan. Recommend
allowance of telework for employees
that are, live with, or care for high
risk population.
Follow all PHSM outlined in the
Reopen Alaska Responsibly plan.
Click Here to see an example of of what the public dashboard may look like with the community risk level information included once finalized.
Risk - Report Mask Recommendations
Primary Column3 Column4 Column5 Column6
If well and:Level 1 - Low Level 2 - Moderate Level 3 - High Level 4 - Very High
Outdoors with physical distancing >6 feet possible?No No No Yes
Outdoors with physical distancing >6 feet NOT possible?Recommend Strongly Recommend Strongly Recommend Yes
Indoors with physical distancing >6 feet possible?No No Strongly Recommend Yes
Indoors with physical distancing >6 feet NOT possible?Recommend Strongly Recommend Strongly Recommend Yes
Home (if everyone well)No No No No
Developed by the Ketchikan Unified Command, in part using reference material available at preventepedimics.org
physical distancing, keep surfaces clean. Vulnerable people 60 and older or those with underlying conditions or immunocompromised should minimize travel outside the home.
** Safety measures include appropriate measures to reduce transmission such as: Reducing occupancy, staggering shifts, working remotely, physical distancing, separating customers
from employees, reducing public transportation use, screening employees, working in lower transmission geographic areas, reducing risk to vulnerable groups, keeping places clean with
routine cleaning and disinfection, providing necessary supplies and equipment (e.g. sanitizer).
*** See KGBSD Smart Start Plan for additional information.
Change Log:
The table below contains a log of changes made to this tool including any changes made beginning on or after 7/29/20. Logged changes will include any changes that substantially change the way this tool is viewed or used,
changes to data display, specific changes made to recommended mitigation measures, and any changes to risk indicator metrics.
Risk - Report Change Log
Date Primary
07/29/20 Added current local risk table before item 1.
07/29/20 Added % from quarantined close contact and % CI investigations complete <48hrs data to risk indicator table
07/29/20 Updated recommended general mitigation measures for large gatherings to include number of attendee recommendations with separate recommendations based on indoor or outdoor setting.
07/29/20 Updated detailed mitigation recommendations relative to capacity. Changed from straight percentage recommendation to capacity limits that continue to allow for appropriate social distancing in some cases.
08/11/20 Updated document to remove the word "draft".
08/11/20 Update recommendation for intrastate (in state) travel testing at all levels
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8/19/2020 Risk - Dashboard - Smartsheet.com
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Cumulative Positive Cases
58
Positive Cases by Location
Cumulative Tests Administered
11950
Tests by Collection Location Positive Cases by SourcePositive Cases by Status
Tests Pending Results
133
Asymptomatic Tests
2792
Northbound Flights
Met
245
Travelers by Compliance Category COVID Positive
Travelers
16
Arriving Travelers
Screened
11870
Voucher Retests
Collected
764
Airport Test Site Data
Last Update: 8/14/2020 at 5pm
Ketchikan COVID-19 Dashboard
Last Update: 8/18/2020 at 5pm
Community Risk Disease Situation Healthcare System Disease Control Recommended General Mitigation Measures*
Level 1 - Low Cases and outbreaks
rare
No healthcare worker
infections
Ability to fully isolate
cases and quarantine
contacts
Minimum:
Can travel outside home with safety measures**
Schools: Staff 100%, Students 100% with safety measures***
Indoor and Outdoor mass gatherings with safety measures** gatherings >500 people requires coordination with
and plan submitted to EOC in advance
Businesses open with safety measures**
Healthcare services with safety measures**
Minimal safe visits to congregate facilities (e.g. nursing homes)
Recreation with safety measures**
View Detailed Mitigation Measure Recommendations for organizations, businesses, and gatherings or learn more about Community Risk Levels and the data used to determine the current risk level.
Current Risk Indicators
Day Date
Community
Transmission/ 7
days
Congregate
Cases/ 7 days
Travel Cases/
7days
COVID-19 /Flu Like
Illness
PHKMC
COVID Unit
Utilization
(%)
Healthcare Worker
Infections
Positivity
Rate (%)
Tests/
7days
From
Quarantined
Close Contact
(%)
Contact
Investigations
Complete
<48hrs (%)
Overall Threat
Level
Tuesday 08/18/20 0 0 0 Near Average 0 None 0.25 799 100 100
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* See Detailed Mitigation Measures table for more information. At all levels, individuals should wash hands, cover coughs, wear a mask in public as indicated, stay home if sick, maintain
physical distancing, keep surfaces clean. Vulnerable people 60 and older or those with underlying conditions or immuno-compromised should minimize travel outside the home.
** Safety measures include appropriate measures to reduce transmission such as: Reducing occupancy, staggering shifts, working remotely, physical distancing, separating customers
from employees, reducing public transportation use, screening employees, working in lower transmission geographic areas, reducing risk to vulnerable groups, keeping places clean with
routine cleaning and disinfection, providing necessary supplies and equipment (e.g. sanitizer).
*** See KGBSD Smart Start Plan for additional information.
Page 7 of 7
Kenai City Council - Regular Meeting Page 1 of 4
August 19, 2020
Kenai City Council - Regular Meeting
August 19, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. UNANIMOUSLY POSTPONED AS AMENDED TO 10/21/2020. Ordinance No. 3127-
2020 - Repealing and Replacing Kenai Municipal Code Title 6 - Elections to Provide Clarity,
Process Improvements, and Increase Voter Accessibility through Vote By Mail Elections.
(Council Member Peterkin) [Clerk's Note: At the July 1 Meeting, this item was Postponed
to the 08/19/20 Council Meeting; a motion to enact is on the floor.]
• Substitute Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code
Title 6 - Elections, to Provide Clarity, Process Improvements, and Increase Voter
Accessibility through Vote By Mail Elections.
2. ENACTED UNANIMOUSLY. Ordinance No. 3150-2020 - Waiving Kenai Municipal Code
21.10.130 - Lease Execution, and Approving a Lease Execution Extension to May 31, 2021
to Schilling Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3151-2020 - Increasing Estimated Revenues
and Appropriations in the Terminal Improvements Capital Fund, and Authorizing an
Increase to the Construction Purchase Order to Blazy Construction, Inc. (Administration)
Kenai City Council - Regular Meeting Page 2 of 4
August 19, 2020
4. ENACTED UNANIMOUSLY. Ordinance No. 3152-2020 - Accepting and Appropriating a
Project Ready Mini Grant from the Alaska State Library for Implementing the Know Your
Neighbor: Kindness Kits Project at the Kenai Community Library. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3153-2020 - Appropriating Excess Funds
Received from the Issuance of General Obligation Refunding Bonds. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3154-2020 - Accepting and Appropriating a
Grant from the National Marine Fisheries Service Passed Through the Pacific States Marine
Fisheries Commission, Accepting and Appropriating Additional Insurance Proceeds, and
Awarding a Contract for Repair to the Kenai City Dock for Damage Caused by Earthquakes
in 2016 and 2018 and Installation of a Cathodic Protection System to Prevent
Corrosion. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-68 - Declaring the Ten-Foot Utility
Easement Adjoining the Southern Boundary of Lot 4, Eventyr Subdivision (Plat KN 83-149)
and the Ten-Foot Utility Easement Excluding the West Ten Feet Adjoining the North
Boundary of Lot 5 and the Ten-Foot Utility Easement Adjoining the North and East
Boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75) Granted on Plat KN 83-1149
and Plat KN 86-75 Are Not Needed for a Public Purpose and Consenting to Their Vacation.
(Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-69 - Authorizing the City Manager to
Enter a Design Agreement with the Department of the Army for the Design for the Kenai
Bluffs Bank Stabilization Project. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 5, 2020. (City
Clerk)
F. UNFINISHED BUSINESS
1. POSTPONED UNANIMOUSLY TO 10/21/2020. Ordinance No. 3128-2020 - Amending
Kenai Municipal Code Section 1.85.040 – Records Public, To Provide For A Record
Retention Length. (City Clerk) [Clerk's Note: At the July 1 Meeting, this Item was
Postponed to the 08/19/20 Council Meeting; a motion to enact is on the floor.]
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000. (Administration)
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the
Renewal of Marijuana Licenses for Red Run Cannabis Company, LLC and Red Run
Cannabis Cultivators, LLC. (City Clerk)
Kenai City Council - Regular Meeting Page 3 of 4
August 19, 2020
4. INTRODUCE BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/02/2020.
*Ordinance No. 3155-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Improvements Capital Project Fund and Accepting a Grant from The Federal
Aviation Administration for Phase One Construction of a New Sand Storage Facility.
(Administration)
5. INTRODUCE BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/02/2020.
*Ordinance No. 3156-2020 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project
Funds and Awarding a Construction Agreement for Improvements to the Wasting Activated
Sludge Pumps at the Waste Water Treatment Plant. (Administration)
6. INTRODUCE BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/02/2020.
*Ordinance No. 3157-2020 - Amending Kenai Municipal Code Section 1.85.010 – Report
of Financial and Business Interests, to Allow for Certification by Municipal Officers that a
Previously Filed Statement of Disclosure Remains Accurate and Approving an Alternate
Certification. (Vice Mayor Molloy)
7. INTRODUCE BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/02/2020.
*Ordinance No. 3158-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 CARES Act Recovery Fund and Accepting a CARES Act Grant Passed Through
the Kenai Peninsula Borough. (Administration)
8. INTRODUCE BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/02/2020.
*Ordinance No. 3159-2020 - Accepting and Appropriating a Municipal Arts & Culture
Matching Grant from the Rasmuson Foundation in the COVID-19 CARES Act Recovery
Fund. (Administration)
9. APPROVED UNANIMOUSLY. Action/Approval - Six-Month Extension Request from
SOAR International Ministries, Inc. for Lease Application Expiration for the Undeveloped
Portion of Tract A, General Aviation Apron No. 2. (Administration)
10. Discussion - Response to COVID-19. (Administration)
11. Discussion - City of Kenai Response to Governor Dunleavy’s Local Mitigation Level
Recommendations and Consideration of Joint Work Session with the City of Soldotna
Council. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
Kenai City Council - Regular Meeting Page 4 of 4
August 19, 2020
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
1. Review and Discussion of the Terms of an Employment Agreement Extension for the City
Clerk which, Pursuant to AS 44.62.310(C)(2) May be a Subject that Tends to Prejudice the
Reputation and Character of the City Clerk and per AS 44.62.310(c)(1) is a Matter of which
the Immediate Knowledge may have an Adverse Effect Upon the Finances of the City.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Kenai Historical Society - August Newsletter
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.
Join Zoom Meeting
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Meeting ID: 880 6092 7165 Passcode: 873728
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE AUGUST 19, 2020
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the fo llowing Ordinance(s)
and /or Resolution(s) at the above-referenced meeting .
1. ENACTED UNANIMOUSLY. Ordinance No. 3150-2020 -Waiving Kenai Municipal Code
21.10.130 -Lease Execution, and Approving a Lease Execution Extension to May 31,
2021 to Schilling Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat.
(Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3151-2020 -Increasing Estimated
Revenues and Appropriations in the Term inal Improvements Cap ital Fund , and
Authorizing an Increase to the Construction Purchase Order to Blazy Construction , Inc.
(Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3152-2020 -Accepting and Appropriating a
Project Ready Mini Grant from the Alaska State Library for Implementing the Know Your
Neighbor: Kindness Kits Project at the Kenai Community Library. (Adm inistration)
4. ENACTED UNANIMOUSLY. Ordinance No. 3153-2020 -Appropriating Excess Funds
Received from the Issuance of General Obligation Refunding Bonds. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3154-2020 -Accepting and Appropriating a
Grant from the National Marine Fisheries Service Passed Through the Pacific States
Marine Fisheries Commission , Accepting and Appropriating Additional Insurance
Proceeds, and Awarding a Contract for Repair to the Kenai City Dock for Damage Caused
by Earthquakes in 2016 and 2018 and Installation of a Cathodic Protection System to
Prevent Corrosion. (Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2020-68 -Declaring the Ten-Foot Utility
Easement Adjoining the Southern Boundary of Lot 4 , Eventyr Subdivision (Plat KN 83-
149) and the Ten-Foot Utility Easement Excluding the West Ten Feet Adjoining the North
Boundary of Lot 5 and the Ten-Foot Utility Easement Adjoining the North and East
Boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75) Granted on Plat KN 83-1149
and Plat KN 86-75 Are Not Needed for a Public Purpose and Consenting to Their
Vacation. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2020-69 -Authorizing the City Manager to
Enter a Design Agreement with the Department of the Army for the Des ign for the Kena i
Bluffs Bank Stabilization Project. (Administration)
Copies of the ordinances and /or resolutions are available in the Office of the Kena i City Clerk.
Please be advised , subject to legal limitations, ordinances and/or resolutions may have been
amended by the Council prior to adoption without further public notice .
NOTICE OF PUBLIC HEARING
AUGUST 19, 2020
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. 3127-2020 -Repealing and Replacing Kenai Municipal Code Title 6 -
Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility
through Vote By Mail Elections . (Council Member Peterkin) [Clerk's Note: At the July
1 Meeting, this item was Postponed to the 08119120 Council Meeting; a motion to enact
is on the floor.]
• Substitute Ordinance No. 3127-2020 -Repealing and Replacing Kenai Municipal
Code Title 6 -Elections, to Provide Clarity, Process Improvements, and Increase
Voter Accessibility through Vote By Mail Elections.
2. Ordinance No. 3150-2020 -Waiving Kenai Municipal Code 21.10 .130 -Lease
Execution, and Approving a Lease Execution Extension to May 31, 2021 to Schilling
Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
3. Ordinance No. 3151-2020 -Increasing Estimated Revenues and Appropriations in the
Terminal Improvements Capital Fund , and Authorizing an Increase to the Construction
Purchase Order to Blazy Construction, Inc. (Administration)
4 . Ordinance No. 3152-2020 -Accepting and Appropriating a Project Ready Mini Grant
from the Alaska State Library for Implementing the Know Your Neighbor: Kindness Kits
Project at the Kenai Community Library. (Administ ration)
5. Ordinance No. 3153-2020 -Appropriating Excess Funds Received from the Issuance
of General Obligation Refunding Bonds . (Administration)
6. Ordinance No. 3154-2020 -Accepting and Appropriating a Grant from the National
Marine Fisheries Service Passed Through the Pacific States Marine Fisheries
Commission, Accepting and Appropriating Additional Insurance Proceeds, and
Awarding a Contract for Repair to the Kenai City Doc k for Damage Caused by
Earthquakes in 2016 and 2018 and Installation of a Cathodic Protection System to
Prevent Corrosion. (Administration)
7. Resolution No. 2020-68 -Declaring the Ten-Foot Utility Easement Adjoining the
Southern Boundary of Lot 4, Eventyr Subdivision (Plat KN 83-149) and the Ten-Foot
Utility Easement Excluding the West Ten Feet Adjoining the North Boundary of Lot 5
and the Ten-Foot Utility Easement Adjoining the North and East Boundary of Lot 6
Eventyr Subdivision No. 2 (Plat KN 86-75) Granted on Plat KN 83-1149 and Plat KN
86-75 Are Not Needed for a Public Purpose and Consenting to Their Vacation .
(Administration)
8 . Resolution No. 2020-69 -Authorizing the City Manager to Enter a Design Agreement
with the Department of the Army for the Design for the Kenai Bluffs Bank Stabilization
Project. (Administration)
The public hearing will commence at 6 :00 p.m., or as soon thereafter as business permits . All
interested persons are invited to attend the meeting telephonically/virtually and participate in the
public discussion . See the agenda for additional information. Written comments may be sent to
the Kenai City Council, c/o Kenai City Clerk , 210 Fidalgo Avenue, Kenai, AK, 99611 .